HOUSE . . . . . . . . No. 4387
The Commonwealth of Massachusetts
________________________________________
HOUSE OF REPRESENTATIVES, February 12, 2024.
The committee on Agriculture to whom was referred the petition
(accompanied by bill, Senate, No. 85) of Anne M. Gobi, Joanne M.
Comerford, Jacob R. Oliveira, Hannah Kane and other members of the
General Court for legislation relative to an agricultural healthy incentives
program, the petition (accompanied by bill, Senate, No. 496) of Anne M.
Gobi and Joan B. Lovely for legislation to define farming, the petition
(accompanied by bill, House, No. 88) of Natalie M. Blais and others for
legislation to strengthen local food systems, the petition (accompanied by
bill, House, No. 95) of Adam Scanlon relative to the definition of
livestock, the petition (accompanied by bill, House, No. 96) of Paul A.
Schmid, III and others for legislation to authorize the Department of
Conservation and Recreation to establish a program to provide for the use
of certain state owned land for community gardens and farmers' markets,
petition (accompanied by bill, House, No. 99) of Paul A. Schmid, III and
others relative to the membership of the Massachusetts Food Policy
Council, and petition (accompanied by bill, House, No. 150) of Mindy
Domb and others for legislation to authorize agricultural healthy
incentives program, reports recommending that the accompanying bill
(House, No. 4387) ought to pass.
For the committee,
PAUL A. SCHMID, III.
 FILED ON: 2/6/2024
HOUSE . . . . . . . . . . . . . . . No. 4387
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act strengthening the Commonwealth’s farms and food systems.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after
2 section 18AA the following section:-
3 Section 18BB. The Massachusetts emergency management agency shall consider and
4 develop, in all emergency preparedness planning efforts, plans for supporting agricultural,
5 seafood, and processed food production in the commonwealth in order to mitigate the impacts of
6 food supply chain disruptions. Plans shall be developed in coordination with the department of
7 agricultural resources, the department of public health, and the department of transitional
8 assistance, and shall include consideration for production, transportation, storage, and
9 distribution.
10 SECTION 2. Subsection (a) of section 6C of chapter 20 of the General Laws is hereby
11 amended by striking out the figure “18” and inserting in place thereof the following figure: - 19.
1 of 20
12 SECTION 3. Subsection (a) of section 6C of chapter 20 of the General Laws, is hereby
13 further amended by inserting after the word “affairs”, the following words:- ; 1 of whom shall be
14 the commissioner of fish and game, or the commissioner’s designee.
15 SECTION 4. Section 6C of chapter 20 of the General Laws is amended by inserting after
16 subsection (g) the following subsection:-
17 (h) Subject to appropriation, the council shall appoint a full-time food system coordinator
18 as an employee. The food system coordinator shall have access to all relevant agency meetings;
19 serve in an advisory capacity to all relevant departments to inventory existing state programs
20 which relate to the food system across all state agencies, including, but not limited to, agencies
21 associated with the council; facilitate communication and resource collaboration across state
22 agencies; develop and track metrics related to food system goals; identify opportunities to
23 eliminate duplicative efforts and strengthen complementary programs and projects; identify gaps
24 in services and supports and make recommendations; and provide input to help coordinate
25 outreach to underserved communities. The food system coordinator shall submit a report 1 week
26 prior to each council meeting with findings, progress updates, and recommendations to the clerks
27 of the senate and the house of representatives, the council, relevant department secretaries, and
28 relevant department commissioners.
29 SECTION 5. Chapter 20 of the General Laws is hereby amended by inserting after
30 section 6C the following section:-
31 Section 6D. Subject to appropriation, there shall be established within the department a
32 circuit rider program to provide on-site guidance to businesses in the commonwealth that are
33 regulated by the department of agricultural resources about state programs, regulations, and
2 of 20
34 funding opportunities. Subject to appropriation, the commissioner shall designate a program
35 director. The director shall establish places at which and the methods whereby farmers may
36 make requests for a farm visit by program staff at no cost. Program staff shall coordinate with
37 state agencies as necessary to assist farmers with compliance. Farm visits under the circuit rider
38 program shall be made in a non-enforcement capacity.
39 SECTION 6. Subsection (a) of section 23 of chapter 20 of the General Laws is hereby
40 amended by inserting after the words “agricultural purposes,” the following words:- ; provided,
41 that the committee or any independent appraisal to determine the fair market value of the land
42 restricted for agricultural purposes shall include in its valuation the appraised value of any
43 easements and infrastructure including dwellings, structures, plumbing and irrigation systems on
44 the entire parcel in its fair market value consideration or any payment.
45 SECTION 7. Subsection (b) of section 23 of chapter 20 of the General Laws is hereby
46 amended by striking out the words “a maximum of 5 years duration” and inserting in place
47 thereof the following words:- a period of at least 1 year.
48 SECTION 8. Subsection (b) of section 23 of chapter 20 of the General Laws is hereby
49 further amended by inserting at the end thereof the following 3 sentences:- Notwithstanding the
50 foregoing, the department may approve a special permit for a trial period of 1 year to evaluate a
51 proposal for nonagricultural activities. If a special permit is issued to a permit holder for a 1-year
52 trial period under this subsection, the department shall notify the permit holder of the
53 department’s decision to renew, revoke or amend the permit within 1 year of the date of
54 issuance. If the department fails to notify the permit holder within 1 year of the date of issuance
3 of 20
55 of a special permit of its decision to renew, revoke or amend the special permit, the special
56 permit shall automatically be renewed for a period of 5 years.
57 SECTION 9. Subsection (c) of section 23 of chapter 20 of the General Laws is hereby
58 amended by striking out the words “for a special permit authorized in subsection (b)” and
59 inserting in place thereof the following words:- any landowner of land subject to an agricultural
60 preservation restriction who is subject to and aggrieved by a decision of the department relative
61 to a special permit authorized under subsection (b), including a decision regarding the renewal,
62 revocation, amendment to or length of a special permit”.
63 SECTION 10. Chapter 20 of the General Laws is hereby amended by inserting after
64 section 32 the following section:-
65 Section 33. Notwithstanding any general or special law to the contrary, the secretary of
66 energy and environmental affairs shall establish a program to acquire by purchase, gift, lease,
67 eminent domain, or otherwise lands and waters and easements therein to protect and conserve
68 land for the purpose of furthering the department’s mission, including, but not limited to,
69 retaining land in agricultural or horticultural use as defined by section 1A of chapter 128 and
70 providing affordable and equitable access to agricultural and horticultural lands.
71 The commissioner may, from funds appropriated to carry out this section or from funds
72 received from other sources, compensate a landowner for the acquisition of real estate in such
73 amount as is determined by the commissioner to be equitable in consideration of anticipated
74 benefits from such acquisition in accordance with land acquisition regulations of the department.
75 The commissioner may use departmental funds to create, replace, and maintain appropriate
4 of 20
76 infrastructure and improvements that the department deems consistent with the goals of this
77 section and the department’s mission.
78 The department may lease, license, or otherwise manage these lands as it sees fit in its
79 sole discretion to best carry out this section and the department’s mission and goals.
80 Acquisition of land or water under this section shall not guarantee any public access
81 unless otherwise agreed to by the department.
82 The department may promulgate rules and regulations relative to the rights, privileges
83 and use of lands, waters, real estate interests and associated improvements acquired and
84 maintained hereunder.
85 The department may dispose of such real estate as permitted under section 5A of chapter
86 3 or through the sale to a qualified farmer or beginning farmer in conjunction with permanent
87 protection of the real estate interest such as through an agricultural preservation restriction to the
88 commonwealth or other qualified conservation entity.
89 SECTION 11. Chapter 29 of the General Laws is hereby amended by inserting after
90 section 2AAAAAA the following section:-
91 Section 2BBBBBB. (a) There shall be established and set up on the books of the
92 commonwealth a separate fund to be known as the Next Generation Farmers Fund. The fund
93 shall be administered by the secretary of energy and environmental affairs, in consultation with
94 the secretary of labor and workforce development.
95 (b) The fund shall be credited with $3,000,000 annually from the Massachusetts
96 Alternative and Clean Energy Investment Trust Fund, established by section 35FF of chapter 10
5 of 20
 97 of the General Laws, for an agricultural workforce development grant program. Said program
98 shall award grants to the commonwealth’s higher education institutions, vocational technical
99 schools, or community-based organizations that have existing programs for providing workforce
100 development training to first time farmers or the capacity to create such programs. Priority
101 consideration shall be given to programs that serve a high percentage of minority or low-income
102 students or people with disabilities, as well as programs that include hands-on training and
103 training in agricultural practices that mitigate climate change and protect the environment. Not
104 less than $3,000,000 annually from this fund shall go to programs that provide training in
105 agriculture as defined by section 1A of chapter 128, provided that not more than $1,000,000 shall
106 be granted annually to programs providing training in the growing and harvesting of forest
107 products upon forest land.
108 (c) A report detailing the expenditures of the fund shall be submitted annually on or
109 before May 30 to the clerks of the house of representatives and the senate, the house and senate
110 committees on ways and means, the committees on economic development and emerging
111 technologies and the committee on agriculture.
112 SECTION 12. Section 3 of chapter 40A of the General Laws is hereby amended by
113 inserting after the first paragraph the following two paragraphs:-
114 These protections afforded in this section shall apply to agritourism activities as defined
115 in section 1B of chapter 128, provided that the agritourism activity generates no more than 25%
116 of the gross farm income. Of the remaining income, at least 65% must come from the sale of
117 product grown on the farm or another qualifying Massachusetts farm, a minimum of 35% of
118 which must be produced at the farm at which the agritourism activity takes place.
6 of 20
119 A non-farming property owner may conduct agritourism on a property, provided that at
120 least 75% of the acreage of the property is dedicated to traditional agricultural activities and at
121 least 50% of the agricultural product produced on the property, by either gross sales or volume,
122 is utilized in agritourism activities.
123 SECTION 13. Chapter 61A of the General Laws is hereby amended by striking out
124 section 2 and inserting in place thereof the following section:-
125 Section 2. Land shall be considered to be in horticultural use when primarily and directly
126 used in raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for
127 animals, tobacco, flower, sod, trees, nursery or greenhouse products, and ornamental plants and
128 shrubs for the purpose of selling these products or a product derived from such plants in the
129 regular course of business; or when primarily and directly used in raising forest products under a
130 certified forest management plan, approved by and subject to procedures established by the state
131 forester, designed to improve the quantity and quality of a continuous crop for the purpose of
132 selling these products in the regular course of business; or when primarily and directly used in a
133 related manner which is incidental to those uses and represents a customary and necessary use in
134 raising these products and preparing them for market or the products derived therefrom for
135 market.
136 SECTION 14. Chapter 63 of the General Laws is hereby amended by inserting after
137 section 38MM the following section:-
138 Section 38NN. (a) As used in this section, the following words shall, unless the context
139 clearly requires otherwise, have the following meanings:
140 “Food crops”, grains, fruits, nuts, vegetables, meat, dairy, or seafood.
7 of 20
141 “Nonprofit food distribution organization”, means an entity located in the commonwealth
142 that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, as amended
143 or renumbered, and organized with a principal purpose of providing food to the needy or selling
144 food at a charge sufficient only to cover the cost of handling such food.
145 (b) For taxable years beginning on or after January 1, 2024, but before January 1, 2034,
146 any business corporation engaged in the business of farming as defined under section 1A of
147 chapter 128, or any restaurant or similar retail food establishment as defined under subsection (h)
148 of section 6 of chapter 64H, that donates food crops grown by the business corporation in the
149 commonwealth or meals prepared for human consumption to a nonprofit food distribution
150 organization shall be allowed a non-refundable credit from its net taxable income for the taxable
151 year of the donation. The business corporation shall be allowed a credit in an amount equal to the
152 fair market value of such food crops donated by the business corporation to a nonprofit food
153 distribution organization during the taxable year but not to exceed an aggregate credit of $5,000
154 for all such donations made by the business corporation during such year.
155 (c) A credit shall be allowed under this section only if (i) the use of the donated food
156 crops by the donee nonprofit food distribution organization is related to providing food to the
157 needy, (ii) the donated food crops are not transferred for use outside the commonwealth or used
158 by the donee nonprofit food distribution organization as consideration for services performed or
159 personal property purchased, and (iii) the donated food crops, if sold by the donee nonprofit food
160 distribution organization, are sold at a charge sufficient only to cover the cost of handling such
161 food.
8 of 20
162 (d) In order to claim any credit under this section, the business corporation making the
163 donation shall attach to the business’s income tax return a written certification prepared by the
164 donee nonprofit food distribution organization. The written certification prepared by the donee
165 nonprofit food distribution organization shall identify the donee nonprofit food distribution
166 organization, the business corporation donating food crops to it, the date of the donation, the
167 number of pounds of food crops donated, and the fair market value of the food crops donated.
168 The certification shall also include a statement by the donee nonprofit food distribution
169 organization that its use and disposition of the food crops complies with the requirements under
170 subsection (c).
171 (e) Credits claimed by a partnership shall be allocated to the individual partners in
172 proportion to their ownership or interest in such business entity.
173 (f) The commissioner shall develop guidelines implementing the provisions of this
174 section.
175 SECTION 15. Section 328 of chapter 94 of the General Laws is hereby amended by
176 striking out the first paragraph and inserting in place thereof the following paragraph:-
177