By Ms. Gobi of Spencer, petition (accompanied by bill, House, No. 2924) of Anne M. Gobi and others establishing the open space preservation fund within the Department of Agricultural Resources.  Revenue.

The Commonwealth of Massachusetts

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PETITION OF:

Anne M. Gobi

Peter V. Kocot

Todd M. Smola

Donald F. Humason, Jr.

Rosemary Sandlin

William Smitty Pignatelli

Christine E. Canavan

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In the Year Two Thousand and Seven.

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An Act establishing the open space preservation fund.

    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 61A of the General Laws is hereby amended by inserting these new sections 24 through 27 and redesignating the current section 24 as section 28:—

Section 24.  There is hereby established and placed within the Massachusetts Department of Agricultural Resources, referred to in this section as the department, the Open Space Preservation Fund, referred to in this section as the fund, into which shall be credited retail milk dealer fees established under Chapter 94A.

Section 25.  The department shall hold the fund in an account segregated from other department funds and accounts and shall utilize, invest or reinvest the proceeds of the fund and income derived therefrom for the following general purposes:

a. To compensate existing dairy farmers for providing the public benefit of preserving open space from development pressure;

b. To compensate existing dairy farmers for providing the public benefit of providing working landscapes in the Commonwealth;

c. To compensate existing dairy farmers for providing the public benefit of fostering agro-tourism in the Commonwealth;

d. To compensate existing dairy farmers for providing the public benefit of preserving agrarian traditions and rural culture in the Commonwealth;

e. To purchase with funds not immediately required for use pursuant to clauses (1) through (4), such securities as may be lawful investments for fiduciaries in the commonwealth.

Section 26.  The department shall make continuing grants to all dairy producers licensed as of April, 2007 in the commonwealth on a monthly basis.  The grants shall be an amount equal to the difference between the average net raw milk price per hundredweight received by producers, as published by the Department under Chapter 94A, and $18.00 per hundredweight multiplied by the average monthly production volume of each such dairy producer for the three years preceding April, 2007.  The department may not impose further conditions upon receipt of said grants by producers.

Section 27.  Beginning dairy farmers starting new dairy production facilities after April 2007 may apply for eligibility to receive grants from the fund in the same manner as existing licensed dairy producers.  The department may approve such applications, after providing the opportunity for a hearing, after determining whether approval will further the purposes of this Act.  The department may condition or limit approval or amount of any such grants based upon the size, ownership, management, or character of the new dairy production facility utilizing criteria determined relevant and appropriate by the department.