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S 3040

Massachusetts SenateIn House Committee

Summary

S 3040, “Fostering agricultural resilience in Massachusetts”, was introduced in the Senate on Apr 1, 2026. It was referred to Ways and Means, and last saw action on Apr 6, 2026: Read; and referred to the committee on House Ways and Means.


Record

Text

S 3040 has 1 roll call.

s3040/introduced.txt
FILED ON: 4/1/2026
SENATE . . . . . . . . . . . . . . No. 3040
Senate, April 1, 2026 -- Text of the Senate Bill fostering agricultural resilience in Massachusetts
(Senate, No. 3040) (being the text of Senate No. 2029, printed as amended)
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act fostering agricultural resilience in Massachusetts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
SECTION 1. Chapter 23A of the General Laws is hereby amended by inserting after
section 10A the following section:-
Section 10A1/2. (a) The MOBD shall establish a Massachusetts food tourism task force
to identify, evaluate, make recommendations and implement such recommendations regarding
the challenges and benefits of marketing, promoting and selling consumer food, farm and
agricultural goods produced in the commonwealth.
(b) The task force shall consist of the director of MOBD or a designee, who shall serve as
chair; the secretary of the executive office of economic development or a designee; the director
of the office of real estate and economic development of the Massachusetts Department of
Transportation or a designee; the chief executive officer of the Massachusetts Port Authority or a
designee; the chair of the board of higher education at the department of higher education or a
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designee; the commissioner of the department of agricultural resources or a designee; and the
executive director of the office of travel and tourism or a designee.
(c) The task force shall: (i) identify and assess state-operated and state-owned locations
suitable for marketing, promoting or selling consumer food, farm and agriculture goods produced
in the commonwealth; (ii) provide information to businesses that produce consumer food, farm
and agricultural goods in the commonwealth about state-operated and state-owned locations
where these businesses may sell their goods; (iii) develop and maintain a public list of businesses
or vendors of consumer food, farm and agriculture goods produced in the commonwealth; and
(iv) develop and implement a brand to identify consumer food, farm and agriculture goods
produced in the commonwealth for purposes of promoting and marketing said goods.
(d) The MOBD may expend such funds as may be appropriated therefor and may accept
federal funds or private gifts and grants to assist it in carrying out the purposes of this section.
(e) Annually, not later than November 1, the task force shall report to the clerks of the
senate and house of representatives and the joint committee on tourism, arts and cultural
development on the activities of the task force including, but not limited to: (i) any challenges
identified to the marketing, promotion and selling of consumer food, farm and agricultural
products produced in the commonwealth; (ii) actions taken or recommended to address such
challenges; (iii) an assessment of the effectiveness of connecting businesses that produce
consumer food, farm and agricultural goods with state-operated and state-owned locations where
such businesses can sell such goods; and (iv) any other factors as determined by the MOBD.
(f) The MOBD shall promulgate regulations to implement this section.
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SECTION 2. Section 23B of chapter 7 of the General Laws, as appearing in the 2024
Official Edition, is hereby amended by adding the following subsection:-
(d)(1) Notwithstanding any general or special law to the contrary, the state purchasing
agent, in collaboration with the commonwealth’s 4 regional food banks, the executive office of
aging and independence, the department of agricultural resources, the department of transitional
assistance, the department of higher education and the department of elementary and secondary
education, shall annually, not later than October 31, report on the distribution of products of
agriculture, which, for the purposes of this subsection, shall include seafood and processed
foods, through food assistance programs that receive state funding. The report shall include, but
not be limited to:
(i) the quantity of products of agriculture distributed, by dollar value and as a percentage
of total food distributed and, where possible, by weight;
(ii) a breakdown of the types of products of agriculture distributed, including, but not
limited to, seafood and processed food, including whether or not the processed food includes
ingredients grown, raised or caught in the commonwealth, by dollar amounts and as a percentage
of total food distributed and, where possible, by weight;
(iii) a breakdown of the number and names of farms, delineated by municipality, from
which products of agriculture are sourced for food assistance programs that receive state
funding;
(iv) the quantity of products of agriculture distributed by food assistance programs that
receive state funding including, but not limited to, the Massachusetts emergency food assistance
program, the Massachusetts healthy incentives program, universal free school meals, the hunger-
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free campus initiative, the farming reinforces education and student health grant program, the
senior nutrition program, the Meals on Wheels program and the senior farm share program, by
dollar amounts and as a percentage of total food distributed and, where possible, by weight; and
(v) recommendations on how the commonwealth can increase the amount of products of
agriculture distributed through food assistance programs that receive state funding in future fiscal
years while maintaining affordability and fairly valuing local food, andas budgetary or policy
recommendations for implementing such recommendations.
(2) The report shall be made available on the operational service division’s website and a
copy shall be filed with the clerks of the house of representatives and the senate, the joint
committee on agriculture and fisheries and the joint committee on children, families and persons
with disabilities.
SECTION 3. The third paragraph of subsection (a) of section 23 of chapter 20 of the
General Laws, as so appearing, is hereby amended by inserting after the second sentence the
following sentence:-
To determine the extent to which each factor contributed to the enrollment of land in the
program, the review may include an assessment of factors including, but not limited to: (i) the
suitability and productivity of land for agricultural use based on soil classification, physical
features and location; (ii) the degree of threat to the continuation of agriculture on the land due
to circumstances including, but not limited to, the landowner’s health, retirement, financial
positions, development pressure or insecurity due to rental agreements; (iii) the size or
composition of the land that determines whether it is economically viable for agricultural
purposes, and the likelihood that it will remain in agricultural use in the future; (iv) the estimated
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amount and type of crop production; (v) soil health, water recharge areas, biodiversity, carbon
sequestration and other ecosystem services; (vi) existing infrastructure located on the land; (vii)
access to markets; (viii) access to land ownership for historically marginalized communities; (ix)
opportunities to meet or further environmental justice principles as defined in section 62 of
chapter 30; and (x) any other factors as determined by the department. The review may evaluate:
(A) the number of acres newly enrolled in an agricultural preservation restriction during the past
year and the total number of acres enrolled in an agricultural preservation restriction in the
commonwealth; (B) the total number of farms that have acquired a new agricultural preservation
restriction during the past year and the total number of farms holding an agricultural preservation
restriction in the commonwealth; (C) the geographic distribution of farms enrolled in an
agricultural preservation restriction; and (D) challenges to enrolling new land in an agricultural
preservation restriction.
SECTION 4. Said Chapter 20 is hereby further amended by adding the following 2
sections:-
Section 34. Subject to appropriation, there shall be established a food security
infrastructure grant program to support equitable access to healthy, local food and to strengthen
food supply and distribution systems in all geographic regions of the commonwealth, which shall
be administered by the commissioner. The commissioner may award grants under the program
to: (i) food producers, processors and distributors; (ii) emergency food distributors; (iii)
community and food organizations; (iv) school meal programs and summer meal sponsors; (v)
urban farms and community gardens; and (vi) nonprofit food security organizations; provided,
however, that grants awarded under this section shall be used to fund capital improvements,
including, but not limited to: (A) the purchase of new or used equipment; (B) contracted labor
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costs in order to implement projects; and (C) costs associated with planning and design directly
related to capital projects that strengthen and improve the resiliency of the commonwealth’s food
system while facilitating greater access to fresh, local food and addressing systemic inequities.
Section 35. The department shall develop and maintain a plan to support agricultural,
seafood and processed food production in the commonwealth to mitigate the impacts of food
supply chain disruptions. The plan shall be developed in coordination with the Massachusetts
emergency management agency, the division of marine fisheries, the department of public health
and the department of transitional assistance and shall include consideration for food production,
transportation, storage and distribution. The plan shall be reviewed and updated every 5 years.
The commissioner shall submit the plan, along with any updates made pursuant to this section, to
the clerks of the house of representatives and the senate, the joint committee on agriculture and
fisheries and the joint committee on emergency preparedness and management.
SECTION 5. Chapter 21G of the General Laws is hereby amended by adding the
following section:-
Section 21. (a) Registration statements and permits for withdrawals for use in cranberry
production may be transferred to and used for mitigation by other permitted or registered users if
such statement and permits were valid from January 1, 2003 through December 31, 2005. The
portion of water lost to the basin may be eligible for use as mitigation by such permitted users.
(b) Consumptive loss to the basin shall be determined based on industry-wide water use
standards.
SECTION 6. Section 2WWW of chapter 29 of the General Laws, as appearing in the
2024 Official Edition, is hereby amended by adding the following subsection:-
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(l) Money in the fund may be transferred to the Next Generation Farmers Fund
established in section 2OOOOOO.
SECTION 7. Chapter 29 of the General Laws is hereby amended by inserting after
section 2NNNNNN the following 2 sections:-
Section 2OOOOOO. (a) There shall be established and set up on the books of the
commonwealth a separate, non-budgeted special revenue fund to be known as the Next
Generation Farmers Fund. The fund shall be administered by the secretary of labor and
workforce development, in consultation with the secretary of energy and environmental affairs,
the secretary of education and the commissioner of agricultural resources.
(b) The fund shall be credited with: (i) revenue from appropriations or other money
authorized by the general court and specifically designated to be credited to the fund; (ii) funds
from public or private sources, including gifts, grants, donations, rebates and settlements
received by the commonwealth that are specifically designated to be credited to the fund; and
(iii) interest earned on any money in the fund. Amounts credited to the fund shall be expended
without further appropriation and the unexpended balance in the fund at the close of a fiscal year
shall remain available for expenditure in subsequent fiscal years. No expenditure made from the
fund shall cause the fund to be in deficit at any point. Money in the fund shall be awarded as
grants for the purpose of agricultural workforce development to public institutions of higher
education, vocational technical schools and community-based organizations with existing
programs for providing workforce development training to entry-level farmers or the capacity to
create such programs. Priority consideration shall be given to programs that serve a high
percentage of historically underserved or low-income students or people with disabilities,
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programs operated by nonprofit organizations that house homeless veterans and include food
production or distribution training and programs that include hands-on training and training in
agricultural practices that mitigate climate change and protect the environment.
(c) Annually, not later than May 30, the secretary of labor and workforce development
shall submit a report detailing the expenditures of the fund to the clerks of the house of
representatives and the senate, the house and senate committees on ways and means, the joint
committee on economic development and emerging technologies and the joint committee on
agriculture and fisheries.
Section 2PPPPPP. (a) For the purposes of this section, the following words shall have the
following meanings unless the context clearly requires otherwise:-
“Urban agriculture”, an activity which meets the definition of “agriculture” in
section 1A of chapter 128 and takes place in urban and suburban areas and which shall include,
but not be limited to, recreational and educational farming and gardening and other agricultural
enterprises.
“Vacant lot”, a parcel which is not actively used or occupied and that has not been
actively used or occupied within at least the preceding year, including, but not limited to,
abandoned, empty and foreclosed properties. “Vacant lot” shall not mean a parcel which is the
site of ongoing renovations or repairs due to fire or other casualty.
(b) There shall be established and set up on the books of the commonwealth a separate,
non-budgeted special revenue, fund to be known as the Vacant Lots to Urban Agriculture Fund.
The fund shall be administered by the department of agricultural resources and shall be credited
with: (i) revenue from appropriations or other money authorized by the general court and
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specifically designated to be credited to the fund; (ii) funds from public and private sources such
as gifts, grants and donations; and (iii) interest earned on money in the fund. Amounts credited to
the fund shall not be subject to further appropriation and any money remaining in the fund at the
close of a fiscal year shall not revert to the General Fund and shall remain available for
expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund
to be in deficit at any point.
(c) The purpose of the fund shall be to support the introduction of urban agriculture to
vacant lots. Priority consideration shall be given to projects located in socially or economically
disadvantaged communities that support increased economic development, food security, climate
and heat resilience, agricultural education, job training, donations of food to food-insecure
residents, public engagement, utilization of controlled-climate growing infrastructure and
agricultural systems or other agricultural practices backed by climate science. Grants from the
fund shall be awarded for: (i) municipalities to collaboratively develop urban agriculture plans
with residents, local food system businesses, nonprofit organizations or other organizations and
regional planning agencies; (ii) municipalities, urban agriculture organizations or businesses to
assist in the purchasing of privately owned parcels; (iii) municipalities, urban farming businesses
or nonprofit organizations to purchase or lease land, renovate land, build infrastructure or assist
in urban agriculture startup costs; (iv) establishing pilot programs in socially or economically
disadvantaged communities to introduce urban agriculture to vacant lots; (v) moving a
municipally-held tax land lien that was foreclosed to agricultural use; or (vi) protecting a parcel
with a conservation easement.
(d) The department of agricultural resources shall provide outreach and application
materials for the grant program in multiple languages.
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(e) The commissioner of agricultural resources shall promulgate regulations for the
administration and implementation of this section.
(f) Annually, the commissioner of agricultural resources shall file a report with the house
and senate committees on ways and means, the joint committee on agriculture and fisheries and
the clerks of the house of representatives and the senate which shall include, but shall not be
limited to: (i) a list of grant applicants and the municipalities in which the vacant lots are located;
(ii) a list of grant recipients and the municipalities in which the vacant lots y are located; (iii) the
amount of funds requested by applicants; (iv) the associated awarded grant amounts; and (v) the
number of socially or economically disadvantaged populations served by the awards made by the
fund.
SECTION 8. Section 20 of chapter 30B of the General Laws, as appearing in the 2024
Official Edition, is hereby amended by adding the following subsection:-
(c) The department of agricultural resources shall conduct a public information campaign
to notify governmental bodies of the program to establish a preference for products of agriculture
as defined in section 1A of chapter 128 not less than every 5 years. The department may develop
a mechanism for a governmental body that establishes a preference under subsection (a) to notify
the department of such vote to establish such preference.
SECTION 9. Section 3 of chapter 40A of the General Laws, as so appearing, is hereby
amended by striking out, in lines 6 and 7, the words “or viticulture,” and inserting in place
thereof the following words:- , viticulture or for agritourism, as defined in section 1B of chapter
128, on land used for the primary purpose of commercial agriculture, aquaculture, silviculture,
horticulture, floriculture or viticulture.
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SECTION 10. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby
amended by adding the following clause:-
Fifty-ninth. (a) For the purposes of this clause, the following words shall have the
following meanings unless the context clearly requires otherwise:
“Agricultural”, the activity of raising, breeding and boarding of livestock, including, but
not limited to, commercial horse boarding operations.
“Structures and buildings”, structures and buildings or portions thereof used directly and
exclusively in the raising and production for sale of agricultural and horticultural commodities or
necessary for the storage thereof; provided, however, that a municipality may also vote to
include as “structures and buildings” the following: (i) structures and buildings or portions
thereof used for the processing of agricultural and horticultural commodities or the retail
merchandising of such commodities produced or raised in the commonwealth; (ii) structures and
buildings used to provide housing for regular and essential employees and their immediate
families who are primarily employed in connection with the operation of lands actively devoted
to agricultural and horticultural use, but not including structures and buildings occupied as a
residence by the applicant and the applicant’s immediate family; (iii) structures and buildings
used as indoor exercise arenas exclusively for training and exercising horses in connection with
the raising and production for sale of agricultural and horticultural commodities or in connection
with a commercial horse boarding operation; provided, however, that indoor exercise arenas
shall not include a horse ranch offering guest lodging and services or a riding academy that
solely provides equine riding lessons; (iv) structures and buildings used in the production of
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maple syrup; and (v) structures and buildings used in the production of honey and beeswax
including those structures and buildings used for the storage of bees.
(b) A city or town that accepts this clause may exempt from taxation any increase in
value that results from the construction or reconstruction of structures and buildings essential to
the operation of land that is actively devoted to the primary purpose of commercial agriculture,
aquaculture, silviculture, horticulture, floriculture or viticulture and that is used and occupied to
carry out such operation consistent with section 1A of chapter 128 for a period of not more than
5 years. A city or town may establish a limit on the value exempt from taxation.
(c) An exemption from taxation under this clause shall be granted only upon an
application by the owner of the building or structure on a form prescribed by the commissioner.
The applicant shall furnish such information as the municipality’s board of assessors may
require. Such application shall be filed with the assessor of the municipality having the power to
assess property for taxation not later than the appropriate taxable status date of such municipality
and not more than 1 year after the date of completion of construction or reconstruction of
structures and buildings. The assessor of the municipality may approve an application upon a
finding the applicant is entitled to an exemption. Structures or buildings that receive such
approval shall be exempt from taxation as provided under this clause. The assessed value of any
exemption granted under this clause shall be entered by the assessor on the portion of the
assessment roll provided for property exempt from taxation. An exemption granted pursuant to
this clause shall continue, for not more than 5 years, only while such buildings and structures are
used and occupied as provided herein.
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(d) In the event that land or buildings or structures in agricultural or horticultural use are
converted to non-agricultural or non-horticultural use during the period of an exemption granted
pursuant to this clause, the structures or buildings upon which the exemption was granted shall
be subject to roll-back taxes for the period during which the exemption was operative. The
assessors of the appropriate assessing unit shall enter on the taxable portion of the assessment
roll of the current year the assessed valuation or valuations of the structures or buildings on
which exemption was granted in any prior year or years at the assessed valuation or valuations as
set forth on the exempt portion of the assessment roll. The amount of roll-back taxes for
structures and buildings subject thereto pursuant to this clause shall be computed by the
appropriate tax levying body by applying the applicable tax rate for each such prior year to the
assessed valuation, as set forth on the exempt portion of the assessment roll, for such structures
or buildings. Such roll-back taxes shall be levied and collected in the same manner and at the
same time as other taxes are imposed and levied under this chapter.
SECTION 11. Section 2A of chapter 61A of the General Laws, as so appearing, is hereby
amended by adding the following subsection:-
(e)(1) As used in this subsection, the following words shall have the following meanings
unless the context clearly requires otherwise:
“Commissioner”, the commissioner of agricultural resources.
“Department”, the department of agricultural resources.
“Farm viability”, the financial and environmental ability of a farm to remain in
operation and produce crops over the short and long term.
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“Farmland”, land primarily and directly used for agricultural purposes pursuant to section
1 or land primarily and directly used for horticultural purposes pursuant to section 2.
(2) Notwithstanding any general or special law to the contrary, the department, in
coordination with the department of energy resources, shall, once every 10 years or at such other
frequency as determined by the commissioner, whichever is more frequent, review and consider
whether any amendments to statutory, regulatory and deed-based restrictions on the amount of
renewable energy allowed to be generated on farmland, including, but not limited to, land
assessed or taxed under this chapter and land in the agricultural preservation restriction program
established pursuant to section 23 of chapter 20, would help preserve or improve farm viability
while considering the commonwealth’s renewable energy goals pursuant to the roadmap plans
required under section 5 of chapter 21N. The department shall, in determining whether and
which amendments to recommend, consider whether alternative measures such as updated or
modernized farm management or business practices could achieve the same or similar
improvements in farm viability as well as the commonwealth’s current ability to support farmers
in updating said practices. The department shall additionally factor into its review and
consideration the impact on food production in the commonwealth, the promotion of healthy
soils and biodiversity, environmental sustainability and the commonwealth’s renewable energy
goals pursuant to the roadmap plans required under section 5 of chapter 21N. If the department
concludes that amendments to the restrictions on the amount of renewable energy allowed to be
generated on farmland are warranted, the commissioner shall include a list of the department’s
specific recommended amendments in the department’s report.
(3) The department, not later than 90 days after the completion of the review under
paragraph (2), shall report the findings of its review to the clerks of the house of representatives
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and the senate, the house and senate committees on ways and means, the joint committee on
agriculture and fisheries and the joint committee on environment and natural resources.
SECTION 12. Section 12 of said chapter 61A, as so appearing, is hereby amended by
adding the following paragraph:-
For the purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic
chemicals containing at least 1 fully fluorinated carbon atom.
No conveyance tax under this section shall be assessed on land removed from agricultural
or horticultural or agricultural and horticultural use due to regulatory action based on the actual
or suspected presence of PFAS in soil, water, livestock or agricultural products derived from
such land; provided, however, that said regulatory action: (i) is not taken in response to a willful
violation of law or regulation by the owner; and (ii) renders the continued use of such land
economically infeasible. The commissioner of revenue, in consultation with the commissioner of
agricultural resources and the commissioner of environmental protection shall promulgate
regulations to implement this paragraph.
SECTION 13. Section 13 of said chapter 61A, as so appearing, is hereby amended by
inserting after the fourth paragraph the following paragraph:-
For the purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic
chemicals containing at least 1 fully fluorinated carbon atom.
No roll-back tax imposed by this section shall be assessed on land that no longer meets
the definition of land actively devoted to agricultural, horticultural or agricultural and
horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in
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soil, water, livestock or agricultural products derived from such land provided that said
regulatory action: (i) is not taken in response to a willful violation of law or regulation by the
owner; and (ii) renders the continued use of such land economically infeasible. The
commissioner of revenue, in consultation with the commissioner of agricultural resources and
the commissioner of environmental protection shall promulgate regulations to implement this
paragraph.
SECTION 14. Said chapter 61A is hereby further amended by adding the following
section:-
Section 25. (a) As used in this section, the following words shall have the following
meanings unless the context clearly requires otherwise:
“Agricultural land”, land deemed to be in agricultural use pursuant to section 1.
“Horticultural land”, land considered to be in horticultural use pursuant to section 2.
(b) The department of revenue, in consultation with the department of agricultural
resources, shall establish and maintain a central registry of all agricultural land in the
commonwealth. The department of revenue shall update the registry on a biennial basis or at
such other frequency as determined by the commissioner of revenue, whichever is more
frequent. The commissioner of revenue shall facilitate information sharing among federal, state
and local entities. The registry shall include, but not be limited to:
(i) in total and in each municipality, the number of parcels and the number of acres of
agricultural land and horticultural land;
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(ii) in total and in each municipality, the number of parcels and the number of acres of
agricultural land and horticultural land taxed pursuant to this chapter;
(iii) in total and in each municipality, the number of parcels and the number of acres of
agricultural land and horticultural land that were disqualified from taxation pursuant to this
chapter during the preceding tax year;
(iv) in total and in each municipality, the number of parcels and the number of acres of
agricultural land and horticultural land that are taxed pursuant to this chapter that were not taxed
pursuant to this chapter in the preceding tax year; and
(v) the percentage of all cropland in the commonwealth, as reported in the most recent
United States Department of Agriculture Census of Agriculture, that is taxed pursuant to this
chapter.
(c) The department of agricultural resources shall, in consultation with the department of
revenue, integrate the data from the central registry established pursuant to subsection (b) into a
publicly accessible, interactive map with data shown at both the individual parcel and municipal
level. The map shall be created in a format that allows for comparison and overlays with existing
maps of soil conditions and types. The department shall make the central registry and the map
publicly available, downloadable and searchable on its website.
SECTION 15. Chapter 69 of the General Laws is hereby amended by adding the
following sectionn:-
Section 40. (a) (1) The department shall, subject to appropriation, administer a
Massachusetts farm-to-school program, consisting of a grant program to strengthen the
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commonwealth’s food and agriculture economy, improve student health and nutrition and build
food literacy among students. The program shall build the capacity of primary and secondary
schools and licensed childcare programs to purchase ingredients grown, raised, caught and
processed in the commonwealth.
(2) The department shall establish an advisory committee to advise the department on the
development and administration of the farm-to-school program. The committee shall include a
representative from each of the department of agricultural resources, the department of early
education and care, the division of marine fisheries, Massachusetts Farm to School and the
School Nutrition Association of Massachusetts, Inc., and a geographically and demographically
diverse group of stakeholders appointed by the commissioner.
(b) Annually, the department shall submit a report of the farm-to-school program’s
activities to the clerks of the house and the senate, the house and senate committees on ways and
means, the joint committee on agriculture and fisheries and the joint committee on education,
which shall include, but not be limited to: (i) the number, type of organization and award amount
to grantees; (ii) details of food literacy education associated with the program; and (iii) any
recommendations to improve the performance of the program.
SECTION 16. Section 14D of chapter 75 of the General Laws, as so appearing, is hereby
amended by striking out the second and third paragraphs and inserting in place thereof the
following 2 paragraphs:-
The board shall consist of the president of the university or a designee; the chancellor of
the University of Massachusetts at Amherst or a designee; the commissioner of food and
agriculture or a designee; and the following persons to be appointed by the governor: 4 members
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of Massachusetts Farm Bureau Federation, Incorporated chosen from a list of 12 members
submitted by said federation, 1 of whom shall represent cranberry producers; 1 member of
Massachusetts 4–H Foundation, Inc. chosen from a list of 3 members submitted by said
organization; 1 member of the Massachusetts Forestry Association, Inc. chosen from a list of 3
members submitted by said association; 1 member of Massachusetts Audubon Society, Inc.
chosen from a list of 3 members submitted by said society; 2 members of Massachusetts
Arborists Association, Inc. chosen from a list of 5 members submitted by said association; 1
member of a regional agriculture Buy Local organization chosen from a list of 3 members
submitted by said organization; 1 member of the Massachusetts Food System Collaborative
chosen from a list of 3 members submitted by said collaborative; 1 member from an organization
engaged in urban farming education or practices; 2 members of organizations that support
historically marginalized or new entry farmers and food producers; and the senate and house
chairs of the joint committee on agriculture and fisheries or their designees, who shall be
nonvoting members. The chancellor of the University of Massachusetts at Amherst shall appoint
the chair from among the membership of the board. Members of the board shall serve without
compensation but shall be reimbursed, subject to appropriation, out of any funds available for the
purpose, for necessary expenses incurred in the performance of their official duties. Non-voting
members shall serve on the board in an advisory capacity and shall not be reimbursed for
necessary expenses.
The appointed members of the board shall serve for terms of 5 years, except for persons
appointed to fill vacancies, who shall serve for the remainder of the unexpired term. The board
shall hold an annual meeting in January and not less than 3 other times during the year. The
University of Massachusetts Extension director shall attend all meetings of the board and shall
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serve as secretary but shall have no vote in its deliberation. A simple majority of appointed
voting members of the board shall constitute a quorum. The board may, by vote of its members
then in office, adopt a policy for the conduct of business, including constitution of board
membership. Policies may be amended or repealed by a 2/3 vote of its members.
SECTION 17. Chapter 128 of the General Laws is hereby amended by inserting after
section 1A the following section:-
Section 1B. (a) “Agritourism”, an agriculturally related educational, entertainment,
historical, cultural, commercial or recreational activity that allows or invites members of the
general public to observe, participate in, experience and enjoy that activity, and serves to
encourage the purchase of agricultural products that are produced on the land where the activity
takes place, or on other land within the commonwealth that is primarily used for commercial
agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture and that is owned by
the same person who owns the land where the activity takes place, provided that the activity
conducted on land primarily used for commercial agriculture, aquaculture, silviculture,
horticulture, floriculture or viticulture as provided in section 3 of chapter 40A.
(b) The department shall promulgate regulations that include minimum land and revenue
thresholds for agritourism activities; provided, however, that such regulations shall ensure that
agritourism activities shall not unreasonably detract or derogate from agricultural production.
SECTION 18. Said chapter 128 of the General Laws is hereby amended by inserting after
section 2E the following section:-
Section 2F. (a) The department of transitional assistance, in partnership with the
department of agricultural resources and the department of public health, shall, subject to
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appropriation, operate a healthy incentives program. The program shall provide that recipients
actively receiving Supplemental Nutrition Assistance Program benefits, established pursuant to
the Food and Nutrition Act of 2008, 7 U.S.C. section 2011, hereinafter referred to as SNAP, shall
be entitled to an additional benefit via their electronic benefit transfer card redeemable for
eligible fruit and vegetable purchases at participating vendors in an amount to be established by
the department. When expanding the number of participating vendors, the department shall
prioritize improving access in areas with limited access to fresh, local produce and that are
historically underserved by the program. The department shall collaborate with local food
coalitions and nonprofit groups to develop community outreach strategies that ensure equitable
access to, and knowledge of, the program.
(b) The department of transitional assistance and its partners may apply for any available
federal programs such as the Gus Schumacher Nutrition Incentive Program administered by the
United States department of agriculture to provide matching benefits.
(c) The department of transitional assistance shall, annually on or before January 31,
submit a report of the healthy incentives program’s activities to the clerks of the house and the
senate, the house and senate committees on ways and means, the joint committee on children,
families and persons with disabilities and the joint committee on agriculture and shall post the
report on the department’s website. The report shall include, but not be limited to: (i) the number
of households utilizing the program, including household size, age and racial demographic
information; (ii) the number of program transactions; (iii) the number and name of vendors
processing program transactions; (iv) a breakdown of the total number of program participants
and vendors, by their municipality; (v) the number of vendors, by their municipalities, who
applied to be a vendor with the healthy incentives program but were not accepted as a vendor
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due to funding or administrative shortages; (vi) the department’s efforts, plans and timeline for
identifying geographic areas that are underserved by the program and increasing program
activity in those areas, including metrics and factors to be used to make determinations for the
addition and siting of vendors; and (vii) any further recommendations to improve the
performance of the program.
SECTION 19. The department of agricultural resources, in administering the climate
smart agriculture program, may prioritize projects that incorporate carbon dioxide removal
methods including, but not limited to, biochar, terrestrial enhanced weathering and agricultural
soils carbon sequestration. The department may, to the extent feasible, align the program’s
standards for carbon dioxide removal with the United States Department of Agriculture, Natural
Resources Conservation Service, conservation practice standards that are applicable to carbon
dioxide removal.
SECTION 20. The department of elementary and secondary education, in consultation
with the department of agricultural resources, shall conduct a study and make recommendations
on the feasibility of establishing additional county agricultural schools under chapter 74 of the
General Laws.
The study shall: (i) assess the statewide and regional demand for agricultural and
agricultural technical education pathways; (ii) evaluate the workforce needs across agricultural
and other related sectors; and (iii) identify potential sites or host districts for new or expanded
agricultural schools.
The department of elementary and secondary education and the department of
agricultural resources shall solicit public input and hold not less than 4 public hearings to collect
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public comment for the study, one of which shall be in Worcester county. Notice of said public
hearings shall be provided to the Massachusetts Association of School Committees,
Massachusetts Association of School Superintendents and Massachusetts Municipal Association.
The department of elementary and secondary education shall post on their website a draft report
not later than December 31, 2026 and hold 1 additional public hearing to solicit comment on said
draft report. The department shall submit a final report with their findings and recommendations,
including any regulatory or legislative changes that may be necessary to implement the
recommendations, not later than July 1, 2027, to the clerks of the house of representatives and
senate, the joint committee on education, the joint committee on agriculture and fisheries and the
senate and house committees on ways and means.
SECTION 21. Not later than 1 year following the effective date of this act, the
Massachusetts emergency management agency shall complete the first plan required under
section 18BB of chapter 6A of the General Laws.
SECTION 22. Not later than 120 days following the effective date of this act, the
Massachusetts department of business development shall promulgate regulations to implement
section 10A1/2 of chapter 23A of the General Laws.
SECTION 23. Not later than 120 days following the effective date of this act, the
department of agricultural resources shall promulgate regulations to implement section 34 of
chapter 20 of the General Laws.
SECTION 24. Not later than December 31, 2026, the department of environmental
protection shall establish regulations necessary to implement section 21 of chapter 21G of the
General Laws.
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SECTION 25. Not later than 6 months following the effective date of this act, the
department of agricultural resources shall complete the first report required by subsection (e) of
section 2A of chapter 61A of the General Laws.
SECTION 26. Not later than 1 year following the effective date of this act, the
department of revenue shall establish and host on its website the registry and map required
pursuant to section 25 of chapter 61A of the General Laws.
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Fostering agricultural resilience in Massachusetts

Sponsors

No sponsor on file for S 3040.

Committees

S 3040 went before 1 committee: Ways and Means.

Ways and Means
Ways and Means
Referred to · Apr 6, 2026 · 2,323 Bills

History

S 3040 has taken 3 actions since Apr 1, 2026, the latest on Apr 6, 2026.

ChamberAction
Apr 6, 2026
House
Read; and referred to the committee on House Ways and Means
Apr 1, 2026
Senate
S3029, reprinted as amended
Apr 1, 2026
Senate
Passed to be engrossed -see Roll Call #145 (Yeas 39 to Nays 0)

Votes

S 3040 went to 1 roll call in the Senate, the latest on Apr 1, 2026 at 390.

ChamberQuestion
Yea
Nay
Apr 1, 2026
Senate
Senate Passed to be engrossed Roll Call #145
39
0

Source: malegislature.gov · legiscan.com