An Act To Establish a Working Farmland Access and Protection Program within the Department of Agriculture, Conservation and Forestry and a Working Farmland Access and Protection Fund within the Land for Maine's Future Program
Maine Legislature, Session 130, LD 0568
Committee: Agriculture, Conservation and Forestry
Sponsors: PLUECKER, FECTEAU
Amends: 5 MRSA §6201, 5 MRSA §6203, 5 MRSA §6203-C, 7 MRSA §164

Legislative Document
No. 568
H.P. 413
House of Representatives, February 24, 2021
An Act To Establish a Working Farmland Access and Protection 
Program within the Department of Agriculture, Conservation and 
Forestry and a Working Farmland Access and Protection Fund 
within the Land for Maine's Future Program
(EMERGENCY)
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Received by the Clerk of the House on February 22, 2021.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Representative: Speaker FECTEAU of Biddeford.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, agriculture is critically important to the State's economy and food supply, 
and, because the State's working farms positively contribute to their communities as well 
as the State's overall quality of life, it is in the public interest to strengthen the agricultural 
sector by preserving productive agricultural soils, working farmland and open space land; 
and
Whereas, the United States Department of Agriculture, Natural Resources 
Conservation Service has defined, mapped and classified the State's most productive 
agricultural soil types as prime farmland, unique farmland, farmland of statewide 
importance and farmland of local importance throughout the State; and
Whereas, the preservation and conservation of farmland and open space land, 
agricultural and natural resources based businesses, productive agricultural soils and 
maintenance of open space land are important to the people of the State, as evidenced by 
the Constitution of Maine, Article IX, Section 8 and the farm and open space tax law in the 
Maine Revised Statutes, Title 36, chapter 105, subchapter 10, which confers current use 
property tax assessment to prevent the conversion of farmland and open space land to 
nonagricultural uses; and
Whereas, the protection of farmland is identified as a conservation priority by the 
Land for Maine's Future program; and
Whereas, the Land for Maine's Future Board has, since 1987, awarded partial funding 
to 42 farms in 9 counties to protect 9,882 acres of working farmland; and
Whereas, farmland protection projects funded by the Land for Maine's Future Board 
leverage matching funds from a variety of partners, including the United States Department 
of Agriculture, Natural Resources Conservation Service, land trusts, municipalities, water 
districts and nongovernmental organizations; and
Whereas, for these reasons it is critically important that this legislation take effect 
before the expiration of the 90-day period; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §6201, sub-§3, as amended by PL 1993, c. 728, §3, is further 
amended to read:
3.  Matching funds.  "Matching funds" means any combination of public and private 
funds used in conjunction with the Land for Maine's Future Fund or, the Public Access to 
Maine Waters Fund and the Maine Working Farmland Access and Protection Fund for the 
purpose of this chapter, including, but not limited to: private contributions of cash or 
securities; money from municipal or other public agencies; money from a federal matching 
program, subject to the limitations of applicable federal and state laws, in an amount 
authorized by the federal program; contributions of real property, or interest in real 
property, that serves the acquisition needs of the State as determined by the Land for 
Maine's Future Board; in-kind contributions; or any combination of those funds. 
Contributions of land or interest in land must be valued, for purposes of this section, in the 
amount of their appraised value.
Sec. 2.  5 MRSA §6201, sub-§4-A is enacted to read:
4-A.  Working farmland or working farmland property.  "Working farmland" or 
"working farmland property" means land managed as a farm and available for commercial 
production of agricultural products, as defined in Title 7, section 152, subsection 2.
Sec. 3.  5 MRSA §6203, sub-§3, as amended by PL 2009, c. 178, §§1 and 2, is 
further amended to read:
3.  Fund proceeds.  The proceeds of the Land for Maine's Future Fund may be applied 
and expended to:
A.  Acquire property or an interest in property that is determined by the board to be of 
state significance under the guidelines of this chapter; and
B.  When interest in land is acquired with proceeds from the Land for Maine's Future 
Fund, fund minor capital improvements on such lands and on adjoining lands in the 
same ownership or under the same management to improve accessibility, as long as 
these improvements do not exceed 5% of the appraised value of the acquired property; 
and.
C.  When interest in farmland is acquired with proceeds from the Land for Maine's 
Future Fund, fund the development of a business plan and capital improvements to 
provide for the land's continuing use as a working farm, as long as these improvements 
do not exceed 5% of the appraised value of the acquired property.  Capital 
improvements under this paragraph may also be made on adjoining farmland in the 
same ownership or under the same management.
Sec. 4.  5 MRSA §6203-C is enacted to read:
§6203-C.  Maine Working Farmland Access and Protection Fund
1.  Fund established.  The Maine Working Farmland Access and Protection Fund, 
referred to in this section as "the fund," is established and is administered by the board in 
cooperation with the Commissioner of Agriculture, Conservation and Forestry under the 
provisions of this chapter and Title 7, section 164.  The fund consists of the proceeds from 
the sale of bonds authorized for the purposes set forth in subsection 3 and funds received 
as contributions from private and public sources for those purposes.  The fund must be held 
separate and apart from all other money, funds and accounts.  Eligible investment earnings 
credited to the assets of the fund become part of the assets of the fund.  Any balance 
remaining in the fund at the end of a fiscal year must be carried forward for the next fiscal 
year.
2.  Grants.  The board may make grants to state agencies and designated cooperating 
entities for the purposes identified in subsection 3.  Grants are made according to rules 
adopted by the board.  Rules adopted pursuant to this subsection are routine technical rules 
as defined in chapter 375, subchapter 2-A.
3.  Fund proceeds.  The proceeds of the fund may be applied and expended to acquire 
property or interests in property that are designed to protect access to working farmland.  
The board shall include as a condition of an acquisition or grant made under this section 
the requirement that the protected property may not be used, altered or developed in a 
manner that precludes its availability for commercial production of agricultural products.
4.  Matching funds.  For each grant made under this section, the board shall require 
the applicant or the grant recipient to provide matching funds at least equal to the amount 
of the grant.
5.  Uses of the fund.  When an interest in land or an interest in working farmland is 
acquired with proceeds from the fund, the board may fund minor capital investments in the 
stewardship of that land.  Funds for stewardship investments must be held in a dedicated 
stewardship endowment and identified for use on the funded property.  The stewardship 
investments may not exceed 5% of the appraised value of the acquired property.
A.  When an interest in land is acquired with proceeds from the fund, the board may 
fund minor capital improvements on the land and on adjoining lands in the same 
ownership or under the same management to improve public access, as long as these 
improvements do not exceed 5% of the appraised value of the acquired property.
B.  When an interest in working farmland is acquired with proceeds from the fund, the 
board may fund the development of a business plan and capital improvements to 
provide for the land's continuing use as working farmland, as long as these 
improvements do not exceed 5% of the appraised value of the acquired property. 
Capital improvements under this paragraph may also be made on adjoining farmland 
in the same ownership or under the same management.
Sec. 5.  7 MRSA §164 is enacted to read:
§164.  Maine Working Farmland Access and Protection Program
1.  Program established; administration.  The Maine Working Farmland Access and 
Protection Program, referred to in this section as "the program," is established to provide 
protection to strategically significant working farmland properties as defined in Title 5, 
section 6201, subsection 4-A whose continued availability to commercial agricultural 
businesses is essential to the long-term future of the economic sector.  The department shall 
administer the program either directly or by contract with a suitable organization.
2.  Review panel.  The department shall establish a review panel to advise the 
commissioner in the operation of the program, including, but not limited to, evaluating 
applications and recommending to the department applicants for participation in the 
program.
3.  Selection criteria.  The selection criteria with which to evaluate applications for 
protection of working farmland property under the program must include, but are not 
limited to:
A.  The interest of the owner of the working farmland property to make the farmland 
available via lease or transfer the protected property to another farmer or other farmers 
to advance the department's goal of preserving and increasing access to farmland for 
new and growing farms;
B.  The threat of conversion of the working farmland property such that it would 
become unavailable for commercial production of agricultural products;
C.  The percentage of soils classified by the United States Department of Agriculture 
as prime farmland, unique farmland, farmland of statewide importance and farmland 
of local importance;
D.  The agricultural structures and improvements associated with the working farmland 
property;
E.  The economic viability of the working farmland property in terms of current and 
potential future commercial agricultural activities in local, regional and statewide 
markets; connection of the working farmland property to agricultural services 
including processors, aggregators and distributors; and number of on-farm jobs 
supported by the working farmland property;
F.  The proximity of other working farmland properties in the town or region;
G.  The degree of community support for the proposed protection of the working 
farmland property; and
H.  The multiple natural resources values associated with the working farmland 
property, including open space land, forested land and wetlands; riparian buffers; 
wildlife habitat; and freshwater aquifers.
4.  Grant agreements.  The commissioner shall enter into grant agreements with state 
agencies and cooperating entities for the purpose of receiving grants from the Maine 
Working Farmland Access and Protection Fund under Title 5, section 6203-C.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill establishes the Maine Working Farmland Access and Protection Program 
within the Department of Agriculture, Conservation and Forestry.  The purpose of the bill 
is to strengthen the alignment between the department's farmland conservation goals and 
the Land for Maine's Future program.
This bill establishes the Maine Working Farmland Access and Protection Fund within 
the Land for Maine's Future program for farmland protection projects.  The fund is 
administered by the Land for Maine's Future Board in cooperation with the Department of 
Agriculture, Conservation and Forestry.