September 12th, 2024
Wrap-Up: Farmland Protection Efforts Took Center Stage Throughout New England in the 2024 Legislative Session
By Eliza Paterson with contributions from Chelsea Gazillo
The 2024 legislative session for most New England states ended in June. Many state legislatures in the region faced budget deficits, meaning legislation that funded new programs was put on hold due to a lack of dedicated funds. Given this session’s political climate, AFT focused on educating legislators about the importance of protecting farmland, implementing climate-smart agricultural practices, and keeping farmers viable to help ensure success during the 2025 session, when states will welcome new legislatures to pass policies.
Major themes that came out of the 2024 session included the need for states to increase affordable housing stock while continuing to promote farmland protection and setting up climate disaster relief funds for farmers. The following wrap-up reflects the major policies that AFT engaged with during the 2024 legislative session. This wrap-up is bucketed to align with our recent policy platform, which you can see here.
Strengthen Economic Viability of Farms
Improving agricultural viability integrates many approaches, including climate-smart agriculture practices, land and market access, increased funding and/or opportunities for Black, Indigenous, and People of Color (BIPOC) farmers, urban agriculture, and other measures that enhance policy and grant opportunities for farmers from all backgrounds. The economic viability of farms of all shapes and sizes is key to maintaining the region’s agricultural land base.
The Maine (ME) State legislature introduced LD 2212, An Act to Strengthen Maine’s Agriculture, Food, and Forest Economy By Funding the Maine Agriculture, Food and Forest Products Investment Fund and Amending Related Provisions of Law. This bill provides an opportunity to ensure a sustained funding source for ME’s agriculture, forest, and food product businesses through strategic investments, and offers business and technical assistance to the state’s agricultural producers. AFT’s testimony in support of this legislation can be found here.
In Massachusetts (MA or the Commonwealth), H.4387 – An Act strengthening the Commonwealth’s farms and food systems, was introduced. AFT submitted testimony in support of numerous sections within the bill. H.4387 addresses the most pressing issues regarding resilient agriculture and food security in MA including the need to increase access to farmland, promote business opportunities for farmers, bolster food security programs, and address inequities in agriculture.
Increase Farmland Access Opportunities for Farmers
The region continues to have some of the most expensive farmland in the country. In the National Agricultural Statistic Services 2024 Land Value Survey, Rhode Island (RI), MA, and Connecticut (CT) had the highest-priced farmland per acre in the country. Farmland access remains one of the biggest challenges farmers face when attempting to start and/or expand a farming operation.
The CT General Assembly (CGA) Environment Committee leadership introduced H.B. 5228 – An Act Concerning the Purchase of Certain Lands at Agricultural Value. This enables farmers to be more competitive when trying to purchase land protected with an agricultural conservation easement. Due to budget constraints, the bill did not pass this past session but is on track to move forward either in legislation or administratively next year. You can review the Working Lands Alliance’s (WLA) testimony here and AFT’s testimony here.
Advance Climate-Smart Agriculture and Improve Climate Disaster Relief Efforts
The day-to-day impacts of changing growing conditions threaten a producer’s entire operation. Climate-smart practices have the potential to improve yields, grow profits, and promote economic resiliency.
In CT, WLA submitted testimony in support of H.B.5004 – An Act Concerning the Implementation of Certain Climate Change Measures. This bill includes key components of legislation that will advance our state’s resiliency to quickly arising climate challenges. H.B.5004 passed the House in May but died due to inaction by the Senate before the end of the session.
In February, the New Hampshire (NH) Executive Council repurposed $8 million in American Rescue Plan Act (ARPA) funds to provide immediate relief to farmers impacted by climate disasters during the 2023 growing season. The Crop Loss program was developed through a collaboration with the NH Department of Agriculture, Markets, and Food and the University of NH Cooperative Extension. The awards were distributed to farm businesses with over a $30,000 gross farm income in the previous three years.
Protect Agricultural Land from Development and Conversion
Protecting New England’s local farms provides the region with long-term food security, meaning that regardless of disruptions in the global food system, local food will still be grown for New Englanders.
In CT, WLA submitted supportive testimony for S.B.351 – An Act Increasing Funding for The Community Investment Account (CIA). This would add about $2 million to the overall fund which would be distributed across existing CIA programs through four sectors, one of which being farmland preservation. S.B.351 passed the Senate but will need to be reintroduced next year to fully pass through to the Governor’s office.
In Vermont (VT), the Governor’s veto of H.687 – An act relating to community resilience and biodiversity protection through land use – was overruled. This was a huge win for VT’s natural resources and land conservation efforts in the state. Overall, this bill will help to balance the promotion of housing growth and access alongside the continued need for environmental conservation.
In RI, the RI Food Policy Council, RI Land Trust Council, and AFT supported S.2496 and H.B.7550 – An Act Relating to the Capital Development Program. These bills provide a vital step for the protection of RI’s farmland and open space with the inclusion of $5 million in funds dedicated to farmland protection. The bills were signed by the Governor in June, making this a huge win for farmland protection and conservation efforts in RI. You can find AFT’s testimony here.
Increase Support for BIPOC Farmers
New England has a limited number of BIPOC farmers. According to the 2022 NASS Census of Agriculture, there are 2,071 BIPOC farmers in the region. This is in comparison to the 50,252 farmers who identify as white. Of the region’s BIPOC farmers, only 1,243 of these producers own farms, in comparison to 23,894 white-owned farms. This stark disparity is a result of centuries of land and agricultural policies, planning practices, and other forms of systemic racism that have prioritized white producers.
The MA State Legislature introduced H.1744 and SD.2560 – An Act relative to uniform partition of heir’s property. AFT fully supports this act, as it will prevent the further development of agricultural land and ensure that our state’s current housing stock remains available for families to live in. This bill did not make it out of the Joint Committee on the Judiciary this session. However, AFT is optimistic that the coalition will work with the legislature to reintroduce the bill and advance it during the MA 25-26 legislative sessions. You can read AFT’s testimony here.
In RI, the Urban and Small Farm Success Act was introduced under S.2335 and H.B.7684. This Act creates clear definitions of small (less than 5 acres) and urban farms, enables them to participate in tax breaks on income, property, and sales taxes, and establishes criteria and mechanisms to prevent fraud and abuse. Extending these tax incentives to small and urban farms would provide critical financial support at a time when many of these farms are providing food security, economic opportunity, and environmental benefits in communities with limited access to fresh food. The bills garnered strong support from numerous organizations but were not voted into law. They will be reintroduced in 2025.
Promote Smart Solar While Protecting Farmland
New England has committed to achieving at least an 80% reduction in greenhouse gas emissions by 2050. Due to state renewable portfolio standards and related policies, demand for renewable energy in the region is growing rapidly. Much of the additional capacity is projected to be new utility-scale solar, often located on farmland.
In August, AFT’s New England policy team, in collaboration with other AFT staff and partner organizations, submitted comments to the ME Department of Agriculture, Conservation and Forestry (DACF) regarding Chapter 575, the rulemaking for solar on high value (HVAL) agricultural land. These comments were in response to DACF’s passing of LD1881 in the 2023 legislative session, which aims to reduce the conversion of high-value agricultural land due to solar energy development and creates a compensatory mitigation mechanism that could direct more funding to protect the state’s remaining farmland. LD1881 aligns with AFT’s Smart Solar Principles. Providing public comments on the rulemaking process will help to ensure that Chapter 575 maximizes the use of a mitigation fee for solar on HVAL land, keeping it protected from permanent conversion that does not fall in line with the Smart Solar principles and providing additional funds for farmland protection measures in or nearby impacted communities.
Support Farmers Impacted by PFAS Contamination
Per and poly-fluoroalkyl substances (PFAS) are a class of synthetic organofluorine compounds that includes perfluorooctanoic acid (PFAS) and perfluorooctanesulfonate (PFOS). PFAS contamination on farmlands is often due to the previous spreading of municipal wastewater sludge as a fertilizer by farmers who were unaware it was contaminated.
The CT state legislature passed S.B.292 – An Act Concerning The Use of PFAS In Certain Products. This bill bans PFAS in numerous consumer products starting in 2026. The banning of PFAS from products will protect agricultural lands from inadvertent contamination either through runoff or the spreading of contaminated sludge. S.B.292 was signed by Governor Lamont in June 2024.
In MA, S.39 — An Act protecting our soil and farms from PFAS contamination was introduced this session. This bill would set up a special relief fund to test soil, water, and agricultural products for PFAS, remediate contamination, and pay costs incurred by affected businesses and individuals, including farmworkers’ medical bills. Additionally, the bill would require all soil products manufactured with “biosolids” to be labeled as such. This bill was voted on favorably by the MA General Assembly’s Joint Committee on Agriculture and is still waiting to be called for a vote in the House Ways and Means Committee.
These two bills are major steps in the move away from using PFAS in many commonly used products, thus slowing down PFAS’ path to farmland.
If you are interested in learning more about what happened during the legislative session, please read our update in its entirety here.
We would like to thank the following partners for contributing to this wrap-up:
Amy Blaymore Paterson, Connecticut Land Conservation Council;
Diane Lynch, Rhode Island Food Policy Council;
Kate Sayles, Rhode Island Land Trust Council
Kip Kolesinskas, Connecticut Working Lands Alliance;
Mindy Blank, Seeding Power Vermont;
Rebecca Miller, Massachusetts Food System Collaborative; and
Shelley Megquier, Maine Farmland Trust