SENATE, No. 484

By Mr. Brewer, a petition (accompanied by bill, Senate, No. 484) of Stephen M. Brewer, Anthony J. Verga, Stephen Kulik, Michael R.Knapik and other members of the General Court for legislation to establish the open space preservation fund. Environment, Natural Resources and Agriculture.
Version with line numberspdf logo

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

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.  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, refereed to in this section as the fund, into which shall be credited retail milk dealer fees established under Chapter 94 A.

2.  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;

3.  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 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.

4.  Beginning dairy farmers starting new dairy production facilities after April 2007 may apply for eligibility to receive grants for 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.

5.  Severability:  If any section, part, clause or phrase in this Act. is for any reason held to be invalid or unconstitutional, sections parts, clauses and phrases in said act not held to be invalid or unconstitutional shall not be affected and shall remain in full force and effect.