Chapter 030

2008 -- H 7487

Enacted 06/12/08

 

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

          

     Introduced By: Representatives DeSimone, and Petrarca

     Date Introduced: February 13, 2008  

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 42-82-3 and 42-82-5 of the General Laws in Chapter 42-82

entitled "Farmland Preservation Act" are hereby amended to read as follows:

 

     42-82-3. Agricultural lands preservation commission. -- (a) (1) There is established

the agricultural lands preservation commission consisting of the directors of the department of

environmental management and the department of administration, or their respective designees,

both ex officio with the power to vote; one member to be the executive director of the Rhode

Island League of Cities and Towns or his or her designee, who shall serve as a nonvoting member

of the commission; and four (4) and seven (7) public members to be appointed by the governor

with the advice and consent of the senate. The public appointees shall include at least two (2)

members with knowledge or experience in agriculture, one member familiar with land use and

community planning issues, one member active in land preservation. The dean of the College of

Resource Development of the University of Rhode Island and the state conservationist of the

United States Department of Agriculture's Soil Conservation Service, or their respective

designees, shall also serve on the committee and shall be nonvoting members. All gubernatorial

appointments made under this section after January 1, 2005 shall be subjected to the advice and

consent of the senate. No person shall be eligible for appointment pursuant to this section after

the effective date of this act [April 20, 2006] unless he or she is a resident of this state.

      (2) The members appointed by the governor shall serve for terms of five (5) years each;

provided, however, that of the members first appointed, one shall serve for one year, one shall

serve for two (2) years, one shall serve for three (3) years, one shall serve for four (4) years, and

two (2) shall serve for five (5) years, from January first next succeeding their appointment, as the

governor shall designate; provided, however, that those members of the commission as of the

effective date of this act [April 20, 2006] who were appointed upon the recommendation of

members of the general assembly shall cease to be members of the commission on the effective

date of this act [April 20, 2006].

      (3) Any vacancy occurring otherwise than by expiration of term shall be filled in the

same manner as the original appointment.

      (4) Upon expiration of a member's term, that member shall continue as a member until

that member's successor is appointed and qualified. Any person serving a term shall be eligible

for appointment.

      (5) No member, including ex-officio members, shall receive compensation for the

performance of his or her duties as a member; provided, however, that each appointed member

may be reimbursed if funds are appropriated for his or her actual and necessary expenses incurred

during the performance of his or her official duties.

      (6) [Deleted by P.L. 2006, ch. 22, section 5 and P.L. 2006, ch. 27, section 5].

      (7) The commission shall designate annually from its appointed members a chairperson

and a vice chairperson.

      (8) Whenever public hearings are required under this chapter, or whenever the

commission determines a public hearing is appropriate, the commission shall use reasonable

efforts to hold those hearings at a place or places that will reasonably accommodate the interested

parties.

      (b) Four (4) Five (5) voting members of the commission shall constitute a quorum for the

transaction of any business or the exercise of any power of the commission. Except as otherwise

provided in this chapter, the commission shall have the power to act by a majority of the members

present at any meeting at which a quorum is in attendance.

      (c) The governor may remove any member for cause or misconduct in office after giving

him or her a copy of the charges against him or her and an opportunity to be heard, in person or

by counsel, in his or her defense, upon not less than ten (10) days notice. If any member shall be

removed, the governor shall file in the office of the secretary of state a complete statement of

charges made against the member and his or her findings, together with a complete record of the

proceedings.

 

     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 section 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 average of two (2) independent appraisals 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 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 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. 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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LC01233

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