Bill Text: CT SB00988 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Implementing The Recommendations Of The Program Review And Investigations Committee Concerning The Farmland Preservation Program.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-03-20 - Favorable Change of Reference, House to Committee on Environment [SB00988 Detail]
Download: Connecticut-2013-SB00988-Comm_Sub.html
General Assembly |
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January Session, 2013 |
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AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE FARMLAND PRESERVATION PROGRAM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 22-26cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) There is established within the Department of Agriculture a program to solicit, from owners of agricultural land, offers to sell the development rights to such land and to inform the public of the purposes, goals and provisions of this chapter. The commissioner, with the approval of the State Properties Review Board, shall have the power to acquire or accept as a gift, on behalf of the state, the development rights of any agricultural land, if offered by the owner. Notice of the offer shall be filed in the land records wherein the agricultural land is situated. If ownership of any land for which development rights have been offered is transferred, the offer shall be effective until the subsequent owner revokes the offer in writing. The state conservation and development plan established pursuant to section 16a-24 shall be applied as an advisory document to the acquisition of development rights of any agricultural lands. The factors to be considered by the commissioner in deciding whether or not to acquire such rights shall include, but not be limited to, the following: (1) The probability that the land will be sold for nonagricultural purposes; (2) the current productivity of such land and the likelihood of continued productivity; (3) the suitability of the land as to soil classification and other criteria for agricultural use; (4) the degree to which such acquisition would contribute to the preservation of the agricultural potential of the state and to achieving the numerical goal for the total acreage of prime and important farmland, as defined by the United States Department of Agriculture, and established pursuant to section 22-26kk, as amended by this act; (5) any encumbrances on such land; (6) the cost of acquiring such rights; and (7) the degree to which such acquisition would mitigate damage due to flood hazards. Ownership by a nonprofit organization authorized to hold land for conservation and preservation purposes of land which prior to such ownership qualified for the program established pursuant to this section shall not be deemed to diminish the probability that the land will be sold for nonagricultural purposes. After a preliminary evaluation of such factors by the Commissioner of Agriculture, he shall obtain and review one or more fee appraisals of the property selected in order to determine the value of the development rights of such property. The commissioner shall notify the Department of Transportation, the Department of Economic and Community Development, the Department of Energy and Environmental Protection and the Office of Policy and Management that such property is being appraised. Any appraisal of the value of such land obtained by the owner and performed in a manner approved by the commissioner shall be considered by the commissioner in making such determination. The value of development rights for all 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 determined by the commissioner. The use or presence of pollutants or chemicals in the soil shall not be deemed to diminish the agricultural value of the land or to prohibit the commissioner from acquiring the development rights to such land. The commissioner may purchase development rights for a lesser amount provided he complies with all factors for acquisition specified in this subsection and in any implementing regulations. In determining the value of the property for its highest and best use, consideration shall be given but not limited to sales of comparable properties in the general area, use of which was unrestricted at the time of sale.
Sec. 2. Section 22-26kk of the general statutes is amended by adding subsections (c) and (d) as follows (Effective October 1, 2013):
(NEW) (c) The Commissioner of Agriculture, in consultation with the Farmland Preservation Advisory Board, shall establish a numerical goal for the total acreage of prime and important farmland, as defined by the United States Department of Agriculture, to be preserved pursuant to the program established in section 22-26cc, as amended by this act. Not later than October 1, 2014, and annually thereafter, the commissioner shall report to the board on such program's progress toward achieving such numerical goal. Not later than July 1, 2015, and every five years thereafter, the board shall reevaluate such numerical goal and determine whether such numerical goal is sufficient to provide an adequate resource base for food production and other agricultural needs in the future based on criteria established by the board. The commissioner, in consultation with the department personnel who administer such program and the board, may revise such numerical goal.
(NEW) (d) Not later than December 1, 2013, the Commissioner of Agriculture shall submit to the Farmland Preservation Advisory Board a written strategic plan for the purchase of agricultural land development rights pursuant to section 22-26cc, as amended by this act. Such strategic plan shall contain both short-term and long-term strategies for achieving the numerical goal described in subsection (a) of this section. Such strategic plan shall be consistent with: (1) The state's plan of conservation and development, (2) the state's open space plans and goals, (3) generally accepted smart growth principles, and (4) the most recent comprehensive land cover information available. The commissioner shall consider any proposed revisions to such strategic plan recommended by the board. The commissioner shall finalize such plan not later than July 1, 2014, and once every five years thereafter, the commissioner, in consultation with the board, shall review such strategic plan and make any requisite revisions.
Sec. 3. Section 22-26ii of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The commissioner may enter at all reasonable times upon any restricted agricultural land, for the purpose of determining compliance with the provisions of section 22-26cc, as amended by this act.
(b) The commissioner shall establish a stewardship program to ensure that agricultural lands preserved pursuant to the program established under section 22-26cc, as amended by this act, are maintained in compliance with any applicable preservation deed covenants. Such stewardship program shall require the Department of Agriculture to visit each agricultural land preserved pursuant to section 22-26cc, as amended by this act, not less than once every three years. Each calendar quarter, the commissioner shall report to the Farmland Preservation Advisory Board on the work and findings of the stewardship program.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2013 |
22-26cc(a) |
Sec. 2 |
October 1, 2013 |
22-26kk |
Sec. 3 |
October 1, 2013 |
22-26ii |
PRI |
Joint Favorable Subst. C/R |
ENV |