2016 -- H 8075

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LC004983

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - FARMLAND PRESERVATION

ACT

     Introduced By: Representatives Naughton, Ajello, Handy, Amore, and Fogarty

     Date Introduced: April 14, 2016

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-82-5 of the General Laws in Chapter 42-82 entitled "Farmland

Preservation Act" is hereby amended to read as follows:

     42-82-5. Duties of the commission. -- (a) The commission shall:

      (1) Develop the criteria necessary for defining agricultural land under this chapter;

      (2) Make a reasonably accurate inventory of all land in the state, which meets the

definition of agricultural land;

      (3) Prepare and adopt rules for administration of the purchase of development rights and

criteria for the selection of parcels for which the development rights may be purchased, and the

conditions under which they will be purchased;

      (4) Draw up and publish the covenant and enumerate the specific development rights to

be purchased by the state;

      (5) Inform the owners, public officials and other citizens and interested persons of the

provisions of this chapter; and

      (6) Approve and submit within ninety (90) days after the end of each fiscal year, an

annual report to the governor, the speaker of the house of representatives, the president of the

senate, and the secretary of state of its activities during that fiscal year. The report shall provide:

an operating statement summarizing meetings or hearings held, including meeting minutes,

subjects addressed, decisions rendered, petitions granted, rules or regulations promulgated,

studies conducted, policies and plans developed, approved, or modified, and programs

administered or initiated; a consolidated financial statement of all funds received and expended

including the source of the funds, a listing of any staff supported by these funds, and a summary

of any clerical, administrative or technical support received; a summary of performance during

the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of

hearings, examinations and investigations or any legal matters related to the authority of the

commission; a summary of any training courses held pursuant to subsection 42-82-5(a)(7); a

summary of land acquired and conserved during the fiscal year; an annually updated inventory of

all land in the state which meets the definition of agricultural land; a briefing on anticipated

activities in the upcoming fiscal year; findings and recommendation for improvements. The

report shall be posted electronically as prescribed in § 42-20-8.2. The director of the department

of administration shall be responsible for the enforcement of this provision; and

      (7) Conduct a training course for newly appointed and qualified members and new

designees of ex officio members within six (6) months of their qualification or designation. The

course shall be developed by the chair, approved by the commission and conducted by the

commission. The commission may approve the use of any commission or staff members or other

individuals to assist with training. The course shall include instruction in the following areas; the

provisions of chapters 42-82, 42-46, 36-14, and 38-2; and the commission's rules and regulations.

The director of the department of administration shall, within ninety (90) days of the effective

date of this act [May 3, 2006] prepare and disseminate training materials relating to the provisions

of chapters 42-46, 36-14 and 38-2.

      (b) At any time after fulfilling the requirements of subsection (a), the commission, on

behalf of the state, may acquire any development rights that may from time to time be offered by

the owners of agricultural land. The commission may accept or negotiate at a price not in excess

of the value established by an independent appraisal prepared for the commission, or for one of

the commission's partners, for the respective property. Additionally, said appraisal shall be

reviewed in a manner consistent with the rules and regulations of the commission. The value of

the development rights for all of the purposes of this section shall be the difference between the

value of the property for its highest and best use and its value for agricultural purposes as defined

in this chapter. In determining the value of the property for its highest and best use, consideration

shall be given to sales of comparable properties in the general area, use of which is unrestricted at

the time of sale. The seller of the development rights shall have the option of accepting payment

in full at the time of transfer or accepting payment on an installment basis in cash or with the

principal paid by tax exempt financial instruments of the state with interest on the unpaid balance

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equal to the interest paid by the state on bonds sold during the preceding twelve (12) month

period. Any matter pending in the superior court may be settled by the parties subject to approval

by a referee. At any time after a matter has been referred to a referee, even after an award is made

by the referee, but before payment thereof, the petitioner may withdraw his or her petition upon

payment of appraisal fees incurred by the state together with all court costs, and the award shall

become null and void.

      (c) Any land received acquired by purchase, devise, or as a gift may be resold by the

commission with the development rights retained by the state and so noted by covenant in the

deed. Any such resale by the commission shall not be subject to the right to purchase by the

municipality in which the land is situated as provided by §37-7-5. The proceeds from that sale

shall be returned to the agricultural land preservation fund.

      (d) Any land received as a gift and not resold by the commission may be leased for

agricultural uses or other uses the commission determines are not detrimental to its agricultural

productivity. Any funds thus obtained shall be returned to the agricultural land preservation fund.

      (e) The commission may consider petitions by the owner of land from which the state

has purchased the development rights to repurchase those development rights from the state. The

petition must be accompanied by a certificate from the municipalities in which the land lies

stating that two-thirds ( 2/3) of the city or town council has approved the proposed development.

The petition shall set forth the facts and circumstances upon which the commission shall consider

approval, and the commission shall deny approval unless at least seven (7) of its members

determine by vote that there is an overriding necessity to relinquish control of the development

rights. The commission shall hold at least one public hearing in a city or town from which a

certificate has been received, prior to its consideration of the petition, which shall be announced

in one newspaper of local circulation. The expenses, if any, of the hearing shall be borne by the

petitioner. If the commission approves the sale of the development rights, it shall receive the

value of the development rights at the time of this sale, to be determined in the same manner as

provided for by subsection (d). Proceeds of the sale shall be returned to the agricultural land

preservation fund.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - FARMLAND PRESERVATION

ACT

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     This act would allow the agricultural lands preservation commission to resell land

without being subject to the first right to purchase by the municipality in which the land is

situated contained in existing law (§37-7-5).

     This act would take effect upon passage.

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