APR. 6

SECTION 19.   Said section 23 of said chapter 20, as so appearing, is hereby further amended by adding the following 3 subsections:-

(d) The department shall waive its rights under this section to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at fair market agricultural value or other similar right contained if a landowner of land subject to an agricultural preservation restriction held by the commonwealth has received a good faith offer, including a certified copy of an executed purchase and sale agreement, for a fixed consideration payable upon delivery of the deed for land subject to an agricultural preservation restriction from a farmer who, at a minimum: (i) has engaged in active commercial agriculture for not less than 2 years immediately prior to the date of the request for a waiver under this section; (ii) submits a proposed farm business plan to the department that includes the proposed purchase price and demonstrates how the buyer will continue to engage in commercial agriculture to retain and use the land primarily and directly for agricultural purposes pursuant to sections 1 and 2 of chapter 61A and preserve the natural agricultural resources for a period of not less than 5 years after the date of sale; and (iii) has no prior record of a violation of the written agreement or terms of any agricultural preservation restriction held by the commonwealth; provided, however, that the department shall require any proposed farm business plan submitted pursuant to clause (ii) to include a written justification for the proposed purchase price if the price proposed for the purchase of the subject land is 20 per cent or more than the fair market agricultural value of the land; provided further, that the department may waive the requirements of clause (iii) if the violation is deemed minor by the department; and provided further, that any person, party or entity who is subject to and aggrieved by a decision of the department not to waive its rights under this section may appeal to the agricultural lands preservation committee pursuant to the process set forth in subsection (c).

The department, in consultation with the agricultural lands preservation committee and the board of agriculture, shall establish benchmarks and criteria to be used to evaluate and measure a farm business plan submitted by a farmer as part of any waiver request in accordance with this section.

(e) Where an agricultural preservation restriction acquired and held by the commonwealth gives the department the authority to exercise or assign a right to acquire an interest in land through a right of first refusal, an option to purchase at agricultural value or other similar right, the landowner shall have the right to withdraw the landowner's notice of intent to sell at any point prior to the department's exercise or assignment of the option to purchase at agricultural value or right of first refusal. A landowner's decision to withdraw a notice of intent to sell shall not affect a landowner's right or obligation to submit to the department any future offer to purchase said land.

(f) Nothing in this section shall be construed as requiring the department to include a right of first refusal, an option to purchase at agricultural value or other similar right when acquiring an agricultural preservation restriction.