House Bill 5228 (sHB5228 File No. 325) introduces amendments to existing agricultural land conservation laws, focusing on the acquisition and management of development rights for agricultural lands. The bill defines terms such as "agricultural land," "development rights," and "restricted agricultural land," and establishes a program within the Department of Agriculture to solicit offers from landowners to sell their development rights. It allows municipalities or nonprofit organizations to acquire an option to purchase restricted lands at agricultural value, which is a preemptive, perpetual option to buy the land at its value for agricultural use. The bill also details the process for filing a notice of acquisition of development rights, which restricts the owner from exercising development rights and dedicates them to the state in perpetuity. Conditions for releasing land from agricultural restriction are outlined, including approval by the town's legislative body and a majority vote in a referendum. The bill permits installment payments for development rights purchases over $10,000 and joint ownership of development rights between the state and municipalities. The effective date for these changes is October 1, 2024.

Additionally, the bill mandates that lands with acquired development rights must be managed according to a conservation plan that includes the establishment of model pollinator habitats. It introduces a grant funding program for municipalities or nonprofit organizations to acquire options to purchase restricted agricultural lands at agricultural value. The bill repeals and replaces Section 22-26nn of the general statutes to establish a community farms program for farmland preservation. It also includes clauses to protect the investment of federal funds used in acquiring development rights, ensuring that the United States can enforce or vest rights if the state fails to comply with terms or attempts to divest those rights without federal consent. The fiscal impact of the bill is uncertain due to the lack of a specified funding source for the grant program, and costs to municipalities will depend on the value of the purchase options at the time of sale. The bill includes minor, technical, and conforming changes and is set to take effect on October 1, 2024.

Statutes affected:
Raised Bill: 22-26cc, 22-26nn
ENV Joint Favorable Substitute: 22-26cc, 22-26nn
File No. 325: 22-26cc, 22-26nn