OLR Bill Analysis
AN ACT CONCERNING THE USE OF SMALL TOWN ECONOMIC ASSISTANCE PROGRAM FUNDS TO CONVERT PRIME FARMLAND TO NONAGRICULTURAL USE.
This bill prohibits the state from awarding Small Town Economic Assistance Program (STEAP) grants for projects that convert prime farmland to nonagricultural uses unless the municipality:
1. permanently protects a prime farmland parcel equivalent in acreage to the farmland that would be converted by the project or
2. demonstrates its commitment to preserving agricultural land by implementing at least two of the following: (a) enacting a right-to-farm ordinance (i. e. , a local ordinance, in addition to state law, protecting farmers from public and private nuisance lawsuits); (b) establishing a dedicated farmland preservation fund, or (c) adopting regulations concerning transfer of development rights for farmland preservation.
EFFECTIVE DATE: October 1, 2009
BACKGROUND
STEAP
The Office of Policy and Management awards STEAP grants, which can be used only for capital costs for public improvement projects, including mass transit, recreational, and solid waste; developing business and mixed-use properties and low- and moderate-income housing; and preserving historic properties (CGS § 4-66g).
Farmland Preservation
The goal of the Department of Agriculture's farmland preservation program is to secure a food and fiber producing land resource base, consisting primarily of prime and important farmland soils, for the state's agriculture future. The state purchases development rights to the farmland, permanently preserving it for agricultural use.
Right-to-farm Law
CGS § 19a-341 protects farm operations and facilities from certain nuisance lawsuits, but it does not exempt them from zoning law. Notwithstanding other state and local laws, the section generally precludes lawsuits based on:
1. odor from livestock, manure, fertilizer, or feed;
2. noise from livestock or farm equipment used in normal, generally acceptable farming procedures;
3. dust caused by plowing or cultivation;
4. use of chemicals consistent with practices approved by the departments of Environmental Protection and Public Health; and
5. water pollution from livestock or crop production, subject to several exceptions.
The protection does not apply when a nuisance is caused by negligence or reckless or willful misconduct in the operation of the farm.
Legislative History
On April 28, 2009, the House referred the bill to the Finance, Revenue and Bonding Committee, which on May 4 favorably reported the substitute allowing use of STEAP funds for projects that convert prime farmland to nonagricultural use under certain conditions.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea |
28 |
Nay |
3 |
(03/20/2009) |
Planning and Development Committee
Joint Favorable
Yea |
12 |
Nay |
5 |
(04/20/2009) |
Finance, Revenue and Bonding Committee
Joint Favorable Substitute
Yea |
51 |
Nay |
0 |
(05/04/2009) |