2014 -- H 7810

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LC005008

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY

     Introduced By: Representatives Valencia, Kennedy, Walsh, Tanzi, and Nunes

     Date Introduced: March 04, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 2-1 of the General Laws entitled "Agricultural Functions of

Department of Environmental Management" is hereby amended by adding thereto the following

section:

     2-1-1.1. Division of agriculture – (a) Powers and duties. - The powers and duties of the

department of environmental management with regard to agriculture shall be vested in the

director and shall be put into effect through the division of agriculture, established in § 42-17.1-4

and in accordance with the provisions of this section. The division of agriculture shall be

considered the agricultural agency of the state, and the chief of the division shall report to the

director with regard to functions and duties pertaining to farms, farm operation, and agriculture as

set forth in this section or elsewhere established in the general laws unless expressly assigned by

law to another agency or entity.

     (b) Findings and declaration of policy. - The general assembly finds and declares that:

     (1) Agriculture is both a basic human activity and a dynamic, natural resource based

business sector that contributes significantly to Rhode Island's economy;

     (2) Agricultural operations and the necessary business infrastructure to support

agriculture are found in communities of all population densities in the state and contribute to the

quality of life in the state;

     (3) Agriculture has shaped and continues to inform the landscape of the state;

     (4) Agriculture has been a significant state interest throughout Rhode Island's history;

     (5) Agriculture has become a heavily regulated industry while the preservation of

agriculture has been a significant purpose and an area of on-going public investment;

     (6) Agriculture, for its success, is dependent on the availability and quality of soil and

other growing media and water supply. the quality and duration of the growing season, the

expertise of farmers and other agriculturists, the access to capital, and availability of labor, and

the presence of capacities for processing, aggregation and distribution, and sales; and

     (7) It is established and declared policy of the state to promote, protect and secure the

viability and appropriate expansion of agriculture in the state.

     (c) Purposes. - The purposes of this section are to:

     (1) Recognize the division as the agricultural agency of the state;

     (2) Provide for the coordination of the state's interests in agriculture through the division;

     (3) Establish a common basic meaning of the terms pertaining to agriculture, farms, and

farming to effectuate the specific agricultural purposes in the general laws in an effective,

integrated, coherent, and consistent manner;

     (4) Facilitate appropriate preservation, expansion, and sound development of agriculture

in all communities of the state, including urban communities, as important to the economic

development of the state and the health and wellbeing of the people of the state;

     (5) Make available to the people of the state and visitors the products and services of

Rhode Island agriculture, including through direct to consumer sales, restaurant and other

hospitality venues, retail outlets, and public and private institutions including but not limited to

schools and hospitals;

     (6) Promote coordination and cooperation among state and local agencies, entities and

political subdivisions with responsibilities established by law for agriculture, with associations,

organizations, businesses and persons concerned with agriculture; and

     (7) Provide for integrated planning, management, and regulatory activity as necessary for

the preservation, expansion, viability and sound development of agriculture in the state.

     (d) Definitions. - As used in this chapter, the following words and terms shall have the

following meanings, unless the context indicates another or different meaning or intent:

     (1) "Agriculture" means propagation, care, cultivation, raising, and harvesting of the

products of truck farming, horticulture, turf, viticulture, viniculture, floriculture, forestry/tree

farming, sugar bush, stabling of five (5) or more horses, dairy farming, or aquaculture, or the

raising of livestock, including for the production of fiber, fur bearing animals, poultry, or bees.

Unless the context or intent indicates another or different meaning, the term "farming" shall be

treated as a synonym for agriculture as herein defined.

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     (2) "Department" means the department of environmental management.

     (3) "Director" means the director of the department of environmental management.

     (4)"Division" means the division of agriculture as established in §42-17.1-4 with the

powers and duties set forth in this section.

     (5)"Farm" means stock, dairy, poultry, fruit, furbearing animal, and truck farms,

plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for

the raising of agricultural or horticultural commodities, orchards, vineyards and woodlands, sugar

bush and all such other types of farming as are considered "agricultural operations" pursuant to §

2-23-4.

     (6) "Farmland" means land, or other defined geographic area that is owned or leased and

is either devoted to agriculture or is being restored to use for agriculture, or land that was

previously devoted to agriculture and has not been developed for or converted to another use.

     (7) "Farm operation" means activities for the purposes of:

     (i) Improving or cultivating the soil or raising or harvesting any agricultural or

horticultural commodity (including the raising, shearing, feeding, caring for, training, and

management of animals) on a farm;

     (ii) Handling, drying, packing, grading, or storing on a farm any agricultural or

horticultural commodity in its unmanufactured state, but only if the owner, tenant, or operator of

the farm regularly produces more than one-half (½) of the commodity so treated;

     (iii) Processing, holding, storing on a farm any agricultural or horticultural commodity

but only if the owner, tenant, or operator of the farm regularly produces more than one-half (½) of

the commodity so treated;

     (iv)(A) The planting, cultivating, caring for, or cutting of trees; or

     (B) The preparation (other than milling) of trees for market; and

     (v) Selling any agricultural or horticultural commodity or product but only if the owner,

tenant, or operator of the farm regularly produces more than one-half (½) of the commodity or

product so being sold.

     (8) "Farmer" means a person who is the owner or tenant of a farm and is actively engaged

in farming and either files a 1040F U.S. Internal Revenue Service form, or otherwise reports

income from farming for income tax purposes with the Internal Revenue Service and has a state

tax number or is a nonprofit corporation that has as its purpose providing for agriculture.

     (9) "Person" means an individual, partnership, trust or trustee, corporation, or association.

     (e) Agricultural functions of the division.

     (1) Providing for soil conservation and improvement to accomplish the purposes of farm

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viability and accommodating the expansion of agriculture in the state;

     (2) Preservation of farmland;

     (3) Marketing of Rhode Island farm products and services and Rhode Island produced

food;

     (4) Establishing and administering minimum standards as provided for by law for

agriculture and farm operations;

     (5) Protecting, maintaining, and improving farm viability throughout the state and

farmland ecology;

     (6) Protecting and, as necessary, regulating plant and animal health and quarantine;

     (7) Regulating, as provided for by law, pesticides and soil amendments including lime,

feed, and seeds;

     (8) Taking such actions, consistent with law, as may be necessary or appropriate to

provide for the viability of farms and the protection and expansion of agriculture in the state.

     (f) Duties of the division:

     (1) To perform the functions assigned to it by this section, by other provisions of law, and

as otherwise may be delegated or assigned to it by the director;

     (2) To act as the advocate for the state's interests in agriculture and to be a resource to

state agencies, entities, instrumentalities, and political subdivisions of the state with regard to

agriculture and to effectuate the purposes of this section the functions and duties of the division;

     (3) To represent the interests of the state with regard to agriculture in federal and regional

processes and with federal and regional agencies, organizations, and entities;

     (4) To collaborate with other state agencies, entities, instrumentalities, and political

subdivision of the state with regard to agriculture and to effectuate the purposes of this section

and the functions and duties of the division;

     (5) To be the primary point of contact for farmers and other persons concerned about

agriculture with regard to the agricultural interests, functions, and programs of the state;

     (6) To prepare and maintain such plans as may be necessary or desirable to effectuate the

purposes of this section, to accomplish the functions and to perform the duties of the division;

     (7) To foster, encourage, and support research and development and technical assistance

with regard to agriculture, farms, farm operation, farmland ecology, and soil conservation;

     (8) To participate in and promote Rhode Island and regional efforts to strengthen food

systems;

     (9) To develop and manage programs and to engage and participate in projects to as may

be necessary or desirable to effectuate the purposes of this section, to accomplish the functions

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and to perform the duties of the division;

     (10) To define agricultural best management practices and effectuate the use of such

practices as authorized by law; and

     (11) To undertake such other actions and engage in such projects as may be necessary or

appropriate to effectuate the purposes of this section.

     SECTION 2. Section 42-82-2 of the General Laws in Chapter 42-82 entitled "Farmland

Preservation Act" is hereby amended to read as follows:

     42-82-2. Definitions. -- As used in this chapter, unless the context indicates a different

meaning or intent:

      (1) "Agricultural land" means any land in the state of five (5) contiguous acres or larger

that is suitable for agriculture by reference to soil type, existing use for agricultural purposes and

other criteria to be developed by the commission, or any land devoted to agricultural operation as

defined in this section, and may include adjacent pastures, ponds, natural drainage areas and other

adjacent areas which the commission deems necessary for farm operations;

      (2) "Agricultural lands preservation commission" or "commission" means the

commission established pursuant to section 42-82-3;

      (3) "Agricultural operation" means any individual, partnership or corporation that

complies with sections §§ 44-27-3 and 2-1-1.1 (d) (7) and (8) and 2-1-22(j) and produces and

distributes a commercial food, feed, fiber or horticultural product.

      (4) "Cost," when used with reference to acquisition of development rights, means as of

any particular date the cost subsequently incurred of purchasing the development rights, property

rights and all other necessary expenses incident to planning, financing, and implementing the

provisions of this chapter;

      (5) "Development rights" means the rights of the fee simple owner to develop, construct

on, divide, sell, lease, or otherwise change the property in such a way as to render the land

unsuitable for agriculture; this includes the exercise of the owner's rights to sell or grant

easements or rights of way, or to sell the mineral or water rights or other rights if by that exercise

the use of the land as productive agricultural land is diminished; but does not include the rights of

the owner to sell, lease, or otherwise improve the agricultural land to preserve, maintain, operate,

or continue the land as agricultural land or all other customary rights and privileges of ownership,

including the right to privacy. Specific restrictions to farm-related development shall be

formulated by the commission for each parcel of land to which the development rights are

purchased and appended to the covenant at the time of its making.

     SECTION 3. Section 44-27-2 of the General Laws in Chapter 44-27 entitled "Taxation of

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Farm, Forest, and Open Space Land" is hereby amended to read as follows:

     44-27-2. Definitions. -- When used in this chapter:

      (1) "Farmland" means:

      (i) Any tract or tracts of land, including woodland and wasteland constituting a farm unit

or a "farm" of a "farmer" as these terms are defined in § 2-1-1.1(d);

      (ii) Land which is actively devoted to agricultural or horticultural use including, but not

limited to: forages and sod crops; grains and feed crops; fruits and vegetables; poultry, dairy, and

other livestock and their products; nursery, floral, and greenhouse products; other food or fiber

products useful to people;

      (iii) When meeting the requirements and qualifications for payments pursuant to a soil

conservation program under an agreement with the federal government, the director of

environmental management is authorized to promulgate and adopt rules and regulations defining

particular categories and minimum acreages of land eligible for designation as farmland under

this chapter.

      (2) "Forest land" means any tract or contiguous tracts of land, ten (10) acres or larger

bearing a dense growth of trees, including any underbrush, and having either the quality of self

perpetuation, or being dependent upon its development by the planting and replanting of trees in

stands of closely growing timber, actively managed under a forest management plan approved by

the director of environmental management.

      (3) "Open space land" means any tract or contiguous tracts of undeveloped land, where

the undeveloped land serves to enhance agricultural values, or land in its natural state that

conserves forests, enhances wildlife habitat or protects ecosystem health, and that is:

      (i) Ten (10) total acres or larger, exclusive of house site, where "house site" means the

zoned lot size or one acre, whichever is smaller, and land surrounding dwellings or devoted to

developed facilities, such as tennis courts, pool, etc., related to the use of the residence; or

      (ii) Tracts of land of any size that are designated as open space land in the

comprehensive community plan; or

      (iii) Tracts of land of any size that have conservation restrictions or easements in full

force and applied for as open space, which shall be taxed on an equitable basis.

     SECTION 4. This act shall take effect upon passage.

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LC005008

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY

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     This act would establish the division of agriculture.

     This act would take effect upon passage.

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LC005008

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