2021 -- H 5955

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LC001362

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- FOOD SECURITY AND

AGRICULTURE JOBS

     Introduced By: Representatives Felix, Henries, Potter, Alzate, McGaw, Batista, Kazarian,
Barros, Ranglin-Vassell, and Giraldo

     Date Introduced: February 26, 2021

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 27

THE AGRICULTURE JOBS BUREAU ACT

     2-27-1. Short title.

     This chapter shall be known and may be cited as "The Agriculture Jobs Bureau Act".

     2-27-2. Legislative findings.

     The general assembly finds and declares as follows:

     (1) The number and size of local Rhode Island farms has dropped precipitously in the last

seventy (70) years, and local farming has become increasingly financially precarious.

     (2) Most of the food that is available to Rhode Islanders is produced by giant, industrialized

agriculture corporations.

     (3) Large industrialized agriculture corporations inflict severe damage on the ecological

stability of the planet, including through the widespread use of monocultures, overplowing,

chemical fertilizers, chemical pesticides, and chemical herbicides.

     (4) Large industrialized agriculture corporations routinely underpay and exploit

agricultural workers.

     (5) Most of the food that is available to Rhode Islanders is grown far away, and must be

transported to the state through long, carbon-intensive supply chains.

     (6) Many Rhode Islanders struggle with chronic food insecurity.

     (7) Many Rhode Islanders eat primarily mass-produced food that has low nutritional value.

     (8) In order to reduce the state's dependence on food that is mass produced by giant

industrial agriculture corporations that exploit their laborers, degrade the environment, and produce

food with low-quality nutritional value that must be shipped to Rhode Island through carbon-

intensive supply chains, the state must facilitate the development of local agricultural production

that relies on regenerative agricultural practices and fair labor standards.

     (9) In order to facilitate the development of local agricultural production that relies on

regenerative agricultural practices and fair labor standards, Rhode Island requires a new state

agency to help establish and manage a new network of local agricultural producers in a fair,

efficient, and equitable manner.

     2-27-3. Definitions.

     As used in this chapter:

     (1) "Bureau" means the agriculture jobs bureau, established in § 2-27-4.

     (2) "Chief" means the chief of agriculture within the division of agriculture of the Rhode

Island department of environmental management.

     (3) "Community agriculture program" means the community agriculture program

established in chapter 30 of title 2.

     (4) "Department of administration" means the department of administration of the state of

Rhode Island.

     (5) "Garden agriculture program" means the garden agriculture program established in

chapter 29 of title 2.

     (6) "Local agricultural products" means agricultural products which were produced in

Rhode Island.

     (7) "Regenerative agriculture program" means the regenerative agriculture program

established in chapter 28 of title 2.

     2-27-4. Creation of the agriculture jobs bureau.

     (a) The Rhode Island department of environmental management shall create the agriculture

jobs bureau.

     (b) The agriculture jobs bureau shall be part of the division of agriculture.

     2-27-5. Purposes of the agriculture jobs bureau.

     The purposes of the agriculture jobs bureau are to:

     (1) Implement and enforce the provisions of the regenerative agriculture program, pursuant

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to chapter 28 of title 2;

     (2) Implement and enforce the provisions of the garden agriculture program, pursuant to

chapter 29 of title 2; and

     (3) Implement and enforce the provisions of the community agriculture program, pursuant

to chapter 30 of title 2.

     2-27-6. Powers and duties.

     (a) All functions, services, and duties of the bureau shall be organized by the chief of

agriculture, including with regard to the operations, maintenance, and management of the

regenerative agriculture program, the garden agriculture program, and the community agriculture

program.

     (b) The chief shall be the appointing authority for all employees of the bureau.

     (c) The chief may enter contracts, hire employees, hire contractors, hire subcontractors,

promulgate rules and regulations, levy fines, adjudicate administrative cases, or take any other

lawful action in order to achieve any purpose of the agriculture jobs bureau as enumerated in § 2-

27-5.

     (d) The chief of agriculture shall make all feasible, legal, and appropriate efforts to ensure

diversity among the employees of the bureau, including with regard to race, color, national origin,

religion, sex, sexual orientation, gender identity or expression, marital status, military status as a

veteran with an honorable discharge or an honorable or general administrative discharge, service

member in the armed forces, country of ancestral origin, disability, age, housing status, familial

status, or immigration status.

     (e) The chief may assign or delegate any power to subordinate officers and employees at

any time and for any reason.

     2-27-7. Offices of department.

     The department of administration shall furnish the bureau with offices in which to transact

its business and keep its records. The offices shall be open for business each day of the year, except

Sundays and legal holidays, during such hours as may be prescribed by the chief.

     2-27-8. Receipt and use of funds.

     The bureau shall have the authority to receive and expend monies from any sources, public

or private, including, but not limited to, legislative enactments, bond issues, gifts, devises, grants,

bequests, or donations. The bureau is authorized to enter into any contracts necessary to obtain and

expend those funds.

     2-27-9. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

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be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 2. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 28

THE REGENERATIVE AGRICULTURE ACT

     2-28-1. Short title.

     This chapter shall be known and may be cited as "The Regenerative Agriculture Program

Act".

     2-28-2. Legislative findings.

     The general assembly finds and declares as follows:

     (1) The number and size of local Rhode Island farms has dropped precipitously in the last

seventy (70) years, and local farming has become increasingly financially precarious.

     (2) Most of the food which is available to Rhode Islanders is produced by giant,

industrialized agriculture corporations.

     (3) Large industrialized agriculture corporations inflict severe damage on the ecological

stability of the planet, particularly through the widespread use of monocultures, overplowing,

chemical fertilizers, and chemical pesticides.

     (4) Large industrialized agriculture corporations routinely underpay and exploit

agricultural workers.

     (5) Most of the food that is available to Rhode Islanders is grown far away, and must be

transported to the state through long, carbon-intensive supply chains.

     (6) Many Rhode Islanders struggle with chronic food insecurity.

     (7) Many Rhode Islanders eat primarily mass-produced food that has low nutritional value.

     (8) In order to reduce the state's dependence on food that is mass produced by giant

industrial agriculture corporations that exploit their laborers, degrade the environment, and produce

food with low-quality nutritional value that must be shipped to Rhode Island through carbon-

intensive supply chains, the state must facilitate the development local agricultural production that

relies on regenerative agricultural practices and fair labor standards.

     2-28-3. Definitions.

     As used in this chapter:

     (1) "Bureau" means the agriculture jobs bureau within the division of agriculture of the

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state of Rhode Island.

     (2) "Chemical fertilizer" means any chemical compound of synthetic origin applied to soil

or to a plant to supply the plant with nutrients.

     (3) "Chemical herbicide" means any chemical compound of synthetic origin applied to

plants, crops, or soil which is designed, used, or intended to kill or inhibit the growth of unwanted

plants or fungi.

     (4) "Chemical pesticide" means any chemical compound of synthetic origin applied to

plants, crops, or soil which is designed, used, or intended to kill pests that can damage crops or

interfere with agricultural production, including insects, birds, rodents, or any other type of animal.

     (5) "Chosen bank account" means the bank account, identified by an applicant in a

regenerative agriculture grant application, into which the applicant would like to have the

regenerative agriculture grant funds deposited, if the regenerative agriculture grant application is

approved.

     (6) "Cover crops" means crops that are not intended to be harvested for sale, but are instead

planted to improve soil health and increase biodiversity, and which are typically, but not

exclusively, grown during the period beginning on the sixteenth day of November and ending on

the last day of March in the subsequent calendar year.

     (7) "Cumulative adjusted gross household income" means the cumulative adjusted gross

income of every person in a single household, as reflected on federal income tax returns of the most

recent year.

     (8) "Division" means the Rhode Island division of agriculture.

     (9) "Enrolled" means to be placed, by the bureau, in the regenerative agriculture program,

and to be subject to the regenerative agriculture standards and the regenerative agriculture program

labor standards.

     (10) "Enrollee" means a natural person who is enrolled in the regenerative agriculture

program.

     (11) "Enrollment" means the period of time during which an enrollee remains enrolled in

the regenerative agriculture program.

     (12) "Feasible and appropriate" means:

     (i) Physically and biologically possible, as determined by the chief;

     (ii) Economically viable, as determined by the chief; and

     (iii) Ecologically advantageous or beneficial, as determined by the chief, including, but not

limited to, improving soil health, sequestering carbon, increasing biodiversity, protecting natural

habitats, protecting the health of pollinators, and any other aspect of ecological sustainability

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deemed important by the chief.

     (13) "Fiscal year" means the fiscal year of the state of Rhode Island.

     (14) "Memorandum of understanding" means the memorandum of understanding, as

provided by § 2-28-11.

     (15) "Polyculture" means a form of agricultural production in which multiple different

species of crops are simultaneously grown in close geographic proximity to one another.

     (16) "Program food" means food produced by an enrollee as part of the regenerative

agriculture program.

     (17) "Regenerative agricultural worker" means any natural person who performs work for

a regenerative agriculture grant recipient that is intended to facilitate the production or distribution

of program food.

     (18) "Regenerative agriculture grant" means a regenerative agriculture grant, as provided

by § 2-28-7.

     (19) "Regenerative agriculture grant application" means an application to receive a

regenerative agriculture grant, as provided by § 2-28-8.

     (20) "Regenerative agriculture grant recipient" means a natural person who has received a

regenerative agriculture grant.

     (21) "Regenerative agriculture program" means the cumulative entirety of any and all rules,

regulations, contracts, plans, projects, expenditures, and activities completed by the bureau to

award regenerative agriculture grants to natural persons including, but not limited to, designing the

regenerative agriculture standards, designing the regenerative agriculture grant application,

reviewing regenerative agriculture grant applications that have been submitted by regenerative

agriculture grant applicants, enrolling regenerative agriculture grant recipients, hiring technical

assistance experts, and monitoring and enforcing compliance with the provisions of this chapter.

     (22) "Regenerative agriculture program labor standards" means the regenerative

agriculture program labor standards established pursuant to § 2-28-6.

     (23) "Regenerative agriculture standards" means the regenerative agriculture standards

established pursuant to § 2-28-5.

     (24) "Technical assistance experts" means the technical assistance experts hired by the

bureau, as provided in § 2-28-13.

     (25) "Unenrolled" means to be removed, by the bureau, from the regenerative agriculture

program.

     2-28-4. Creation of the regenerative agriculture program.

     (a) The bureau shall create the regenerative agriculture program.

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     (b) The purpose of the regenerative agriculture program is to provide financial incentives

for Rhode Island farmers to adopt, or to continue employing, farming practices that are ecologically

sustainable.

     2-28-5. Creation of regenerative agriculture standards.

     (a) The bureau shall create and publish a public document which shall be titled the

"regenerative agriculture standards."

     (b) The regenerative agriculture standards shall include a comprehensive list of agricultural

practices for Rhode Island farmers which:

     (1) Minimize, to the greatest extent feasible and appropriate, the use of chemical fertilizers;

     (2) Minimize, to the greatest extent feasible and appropriate, the use of chemical pesticides;

     (3) Minimize, to the greatest extent feasible and appropriate, the use of chemical

herbicides;

     (4) Minimize, to the greatest extent feasible and appropriate, the frequency with which soil

is tilled;

     (5) Minimize, to the greatest extent feasible and appropriate, the number of inches that

tilling extends into the soil;

     (6) Maximize, to the greatest extent feasible and appropriate, the use of polyculture; and

     (7) Specify any other regulations which the chief deems appropriate for improving the

ecological health of Rhode Island.

     (c) The bureau shall amend the regenerative agriculture standards when appropriate.

     (d) All enrollees must comply with the entirety of the regenerative agriculture standards.

     2-28-6. Regenerative agriculture program labor standards.

     (a) Regenerative agricultural workers shall receive an hourly wage that is not less than the

quotient of one divided by one thousand nine hundred twenty (1/1,920), multiplied by one hundred

forty percent (140%) of the statewide per capita income, as calculated by the United States Census

Bureau.

     (b) Regenerative agricultural workers shall receive health insurance. The bureau shall set

regulatory standards regarding the quality of health insurance that regenerative agricultural workers

shall receive.

     (c) Regenerative agricultural workers shall receive dental insurance. The bureau shall set

regulatory standards regarding the quality of dental insurance that regenerative agricultural workers

shall receive.

     (d) Regenerative agricultural workers shall receive at least one paid sick day off for every

twenty (20) days in which they work.

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     (e) Regenerative agricultural workers shall receive workers' compensation insurance,

which shall compensate them if they are injured at work or become sick due to their work; provided

that, when they became sick or injured, they were engaging in activities that were within the scope

of their employment. The bureau shall set regulatory standards regarding the quality of worker's

compensation insurance that regenerative agricultural workers shall receive.

     (f) The bureau may promulgate additional regulatory requirements through rulemaking to

safeguard the labor rights of regenerative agricultural workers.

     (g) All enrollees must comply with the entirety of the regenerative agriculture program

labor standards.

     2-28-7. Regenerative agriculture grants.

     (a) A regenerative agriculture grant shall consist of a financial grant from the bureau to a

regenerative agriculture grant recipient.

     (b) An enrollee who regularly grows food on less than five (5) acres may receive a

regenerative agriculture grant no greater than five hundred thousand dollars ($500,000), with the

exact quantity of money left to the discretion of the chief.

     (c) An enrollee who regularly grows food on between five (5) acres and ten (10) acres may

receive a regenerative agriculture grant no greater than seven hundred thousand dollars ($700,000),

with the exact quantity of money left to the discretion of the chief.

     (d) An enrollee who regularly grows food on more than ten (10) acres may receive a

regenerative agriculture grant no greater than one million dollars ($1,000,000), with the exact

quantity of money left to the discretion of the chief.

     (e) Any regenerative agriculture grant shall be disbursed to the enrollee within one month

of being enrolled in the regenerative agriculture program.

     2-28-8. Creation of regenerative agriculture grant application.

     (a) The bureau shall create a regenerative agriculture grant application with which natural

persons can apply for a regenerative agriculture grant.

     (b) No regenerative agriculture grant application shall be considered complete unless the

applicant:

     (1) Provides their name;

     (2) Identifies the farm or farms in Rhode Island in which they have an ownership interest;

     (3) States the size of the farm or farms in Rhode Island that they own;

     (4) Describes the kind of food that they have produced, in the last five (5) years, on any

farm or farms in Rhode Island;

     (5) Describes the degree to which they have relied, in the past five (5) years, on chemical

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fertilizers, chemical pesticides, chemical herbicides, monocultures, and cover crops on the farm or

farms that they own in Rhode Island;

     (6) Describes any and all experience that they have with regenerative agricultural practices,

including the use of non-chemical fertilizers, non-chemical pest control methods, alternatives to

non-chemical herbicides, polyculture, crop rotation, and cover crops;

     (7) Identifies the chosen bank account; and

     (8) Provides their cumulative adjusted gross household income.

     (c) The regenerative agriculture grant application shall state clearly and prominently that

regenerative agriculture grant recipients shall adhere to and comply with:

     (1) The entirety of the regenerative agriculture standards; and

     (2) The entirety of the regenerative agriculture program labor standards for no less than

two (2) consecutive years, beginning sixty (60) days after the regenerative agriculture grant money

is deposited into their chosen bank account.

     (d) The regenerative agriculture grant application shall be easily accessible on the website

of the bureau. Applicants shall be given the option of submitting their regenerative agriculture grant

application electronically on the website of the bureau. Visitors to the website of the bureau shall

be able to download and print as many copies of the regenerative agriculture grant application as

they wish. The bureau shall also establish a program through which applicants can easily and

conveniently submit non-electronic, paper versions of the regenerative agriculture grant

application.

     (e) The regenerative agriculture grant application shall be available in English and in any

other language which is spoken by at least ten percent (10%) of the population of Rhode Island, as

determined by the United State Census Bureau.

     2-28-9. Regenerative agriculture grant eligibility.

     Natural persons shall be eligible to apply for a regenerative agriculture grant if they:

     (1) Owned a farm with at least two (2) acres in Rhode Island before the enactment of this

chapter;

     (2) Agree to the terms of the regenerative agriculture grant application, including, but not

limited to, the requirement that regenerative agriculture grant recipients must adhere to and comply

with:

     (i) The entirety of the regenerative agriculture standards; and

     (ii) The entirety of the regenerative agriculture program labor standards for two (2)

consecutive years, beginning sixty (60) days after the regenerative agriculture grant money is

deposited into their chosen bank account.

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     2-28-10. Approving and denying regenerative agriculture grants.

     (a) The chief shall develop and publish criteria by which to determine which regenerative

agriculture grant applications are approved and which regenerative agriculture grant applications

are denied; provided that, those criteria prioritize lower income applicants over higher income

applicants to the greatest extent feasible and lawful.

     (b) Within two (2) weeks of approving a regenerative agriculture grant application, the

bureau shall:

     (1) Notify the applicant that their regenerative agriculture grant application has been

approved;

     (2) Notify the applicant of the exact sum of money that shall be deposited into the chosen

bank account, as part of the regenerative agriculture grant if, and only if, the applicant signs the

memorandum of understanding; and

     (3) Send the applicant the memorandum of understanding.

     2-28-11. Memorandum of understanding.

     (a) The memorandum of understanding shall state clearly in plain, easily accessible

language that by accepting a regenerative agriculture grant, a regenerative agriculture grant

recipient is agreeing to:

     (1) Adhere to and comply with the entirety of the regenerative agriculture standards for

two (2) consecutive years, beginning sixty (60) days after the regenerative agriculture grant money

is deposited into their chosen bank account;

     (2) Adhere to and comply with the entirety of the regenerative agriculture program labor

standards for two (2) consecutive years, beginning sixty (60) days after the regenerative agriculture

grant money is deposited into their chosen bank account;

     (3) Allow employees or agents of the bureau to conduct inspections of their farm and their

records to ensure compliance with the terms of the memorandum of understanding, as provided in

§ 2-28-14; and

     (4) Adhere to and comply with any other provisions, requirements, rules, regulations,

practices, or standards deemed appropriate by the chief.

     (b) The memorandum of understanding shall also state clearly the penalties for

noncompliance with the terms of the memorandum of understanding, as provided in § 2-28-14.

     (c) The bureau shall disburse a regenerative agriculture grant to the applicant within three

(3) months of that applicant signing a memorandum of understanding.

     2-28-12. Enrollment in the regenerative agriculture program.

     (a) Only after signing the memorandum of understanding, and exactly sixty (60) days after

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the regenerative agriculture grant money is deposited into their chosen bank account, a regenerative

agriculture grant recipient shall be deemed to be formally enrolled in the regenerative agriculture

program and shall be referred to as an enrollee in that the regenerative agriculture program.

     (b) Enrollees shall be unenrolled exactly two (2) years after they were first enrolled, unless

they receive a subsequent regenerative agriculture grant, extending the period of their enrollment

by another two (2) years.

     2-28-13. Technical assistance experts.

     (a) The bureau shall hire no less than one technical assistance expert with direct experience

with agricultural production that does not rely on chemical fertilizers, chemical pesticides, or

chemical herbicides.

     (b) Technical assistance experts shall be available to enrollees to offer guidance regarding

agricultural production.

     (c) No less than one technical assistance expert must speak English and at least one other

language spoken by at least ten percent (10%) of the population of Rhode Island, as determined by

the United State Census Bureau.

     (d) Technical assistance experts must be hired as full-time employees of the bureau.

     (e) Technical assistance experts must receive an annual salary that is not less than one

hundred forty percent (140%) of the statewide per capita income, as calculated by the United States

Census Bureau.

     (f) Technical assistance experts must receive health insurance, dental insurance, at least

two (2) weeks of paid vacation time, and at least one paid sick day off of work for every twenty

(20) days in which they work more than six (6) hours.

     2-28-14. Monitoring compliance and penalties.

     (a) The bureau shall establish a system to ensure that enrollees comply with all of the terms

and provisions agreed to in the memorandum of understanding.

     (b) The bureau shall develop a system to apply penalties to enrollees who fail to comply

with the provisions agreed to in the memorandum of understanding.

     (c) The bureau shall be permitted to apply the follow penalties, and no others, to enrollees

for noncompliance with the provisions of the memorandum of understanding:

     (1) Reclaiming any and all remaining unspent money that the enrollee received through a

regenerative agriculture grant;

     (2) Reclaiming any and all items, equipment, machinery, or other goods that were

purchased, in whole or in any part, using money that the enrollee received through the regenerative

agriculture grant;

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     (3) Unenrolling the enrollee from enrollment in the regenerative agriculture program; and

     (4) Requiring the enrollee to pay a monetary fine of a sum not to exceed the total sum of

money that the enrollee received through the regenerative agriculture grant; provided that, such a

fine shall only be applied if the enrollee, in the director's discretion, knowingly and deliberately

refused to comply with the provisions of the memorandum of understanding.

     (d) The proceeds of any fine levied on or money claimed from an enrollee under the

provisions of §§ 2-28-14(c)(1) or 2-28-14(c)(4) shall be transferred directly to the bureau and used

to fund either:

     (1) The regenerative agriculture program;

     (2) The garden agriculture program;

     (3) The community agriculture program; or

     (4) Some combination of the aforementioned three (3) programs, according to the

discretion of the chief.

     (e) All items, equipment, machinery, or other goods reclaimed by the bureau under the

provisions of § 2-28-14(c)(2) shall become the property of the bureau, and the bureau may sell

them or may loan or gift them to enrollees. If the bureau sells items, equipment, machinery, or other

goods in such a manner, the proceeds of such sales shall be transferred into a restricted funds

account and used to fund the regenerative agriculture program, or the community agriculture

program, pursuant to chapter 27 of title 2.

     2-28-15. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 3. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 29

THE GARDEN AGRICULTURE ACT

     2-29-1. Short title.

     This chapter shall be known and may be cited as "The Garden Agriculture Act".

     2-29-2. Legislative findings.

     The general assembly finds and declares as follows:

     (1) The number and size of local Rhode Island farms has dropped precipitously in the last

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seventy (70) years.

     (2) Most of the food that is available to Rhode Islanders is produced by giant industrialized

agriculture corporations.

     (3) Large industrialized agriculture corporations inflict severe damage on the ecological

stability of the planet, particularly through the widespread use of monocultures, over plowing,

chemical fertilizers, and chemical pesticides.

     (4) Large industrialized agriculture corporations routinely underpay and exploit local

agricultural workers.

     (5) Most of the food that is available to Rhode Islanders is grown far away, and must be

transported to the state through long, carbon-intensive supply chains.

     (6) Many Rhode Islanders struggle with chronic food insecurity.

     (7) Many Rhode Islanders eat primarily mass-produced food that has low nutritional value.

     (8) In order to reduce the state's dependence on food that is mass produced by giant

industrial agriculture corporations that exploit their laborers, degrade the environment, and produce

food with low-quality nutritional value that must be shipped to Rhode Island through carbon-

intensive supply chains, the state must facilitate the development of local agricultural production,

including in gardens.

     2-29-3. Definitions.

     As used in this chapter:

     (1) "Bureau" means the agriculture jobs bureau, as established in § 2-27-4.

     (2) "Chemical fertilizer" means any chemical compound of synthetic origin applied to soil

or to a plant to supply the plant with nutrients.

     (3) "Chemical herbicide" means any chemical compound of synthetic origin applied to

plants, crops, or soil which is designed, used, or intended to kill or inhibit the growth of unwanted

plants or fungi.

     (4) "Chemical pesticide" means any chemical compound of synthetic origin applied to

plants, crops, or soil which is designed, used, or intended to kill pests that can damage crops or

interfere with agricultural production, including insects, birds, rodents, or any other type of animal.

     (5) "Chief" means the chief of agriculture within the Rhode Island department of

environmental management.

     (6) "Cumulative adjusted gross household income" means the cumulative adjusted gross

income of every person in a single household, as reflected on federal income tax returns of the most

recent year.

     (7) "Division" means the Rhode Island division of agriculture.

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     (8) "Fiscal year" means the fiscal year of the state of Rhode Island.

     (9) "Garden agriculture grant" means a delivery, from the bureau of agriculture to a garden

agriculture grant recipient, of items, tools, resources, seeds, instructional guides, and other goods

specified in § 2-29-7.

     (10) "Garden agriculture grant applicant" means a natural person who has submitted a

garden agriculture grant application.

     (11) "Garden agriculture grant application" means an application to receive a garden

agriculture grant.

     (12) "Garden agriculture program" means the cumulative entirety of any and all rules,

regulations, contracts, plans, projects, expenditures, and activities completed by the bureau in order

to award garden agriculture grants to recipients, including, but not limited to, designing the garden

agriculture grant application, reviewing garden agriculture grant applications which have been

submitted by garden agriculture grant applicants, awarding garden agriculture grants, hiring

technical assistance experts, and monitoring and enforcing compliance with the provisions of this

chapter.

     (13) "Garden agriculture program" means the garden agriculture program, as established

by § 2-29-4.

     (14) "Garden agriculture grant recipient" means a natural person who received a garden

agriculture grant.

     2-29-4. Creation of the garden agriculture program.

     (a) The bureau shall create the garden agriculture program.

     (b) The purposes of the garden agriculture program are to:

     (1) Enable Rhode Island residents to establish small-scale food gardens;

     (2) Localize food production to reduce the carbon emissions created by buying food

produced out of state;

     (3) Increase Rhode Island residents' access to locally-grown food with high nutritional

value.

     2-29-5. Garden agriculture grant application.

     (a) The bureau shall create an application called the garden agriculture grant application

with which natural persons can apply for a garden agriculture grant. The bureau and its agents and

employees shall refer to the garden agriculture grant application as the "garden agriculture grant

application" in all official, public communications.

     (b) The garden agriculture grant application shall require applicants to:

     (1) Provide their name;

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     (2) Provide their address;

     (3) Provide their cumulative adjusted gross household income;

     (4) Identify which of the following gardening items they would like to receive as part of

the grant:

     (i) A trowel;

     (ii) A spade;

     (iii) A pair of pruners;

     (iv) Soil;

     (v) Mulch; and

     (vi) Organic fertilizer;

     (5) Identify which types of seeds they would like to receive as part of the grant, choosing

from a list of available seed types which shall be listed on the garden agriculture grant application;

     (6) Indicate whether they would like to receive one raised garden bed or two (2) raised

garden beds as part of the grant;

     (7) Identify the dimensions that they would like the raised garden bed or beds to have,

choosing from a list of available dimensions which shall be listed on the garden agriculture grant

application;

     (8) Indicate whether they would like to receive any other tools, equipment, resources, or

items listed on the garden agriculture grant application, which the chief has deemed appropriate to

list on the garden agriculture grant application; provided that, it is reasonable to believe that

including those tools, equipment, resources, or items on the garden agriculture grant application

would improve the garden agriculture program;

     (9) Provide any other information that the chief of agriculture deems appropriate for

determining whether to award the applicant a garden agriculture grant.

     (c) The garden agriculture grant application shall include:

     (1) A brief, plainly written, and easily comprehensible description of the purposes of the

garden agriculture grants;

     (2) A description of the restrictions, legal duties, and obligations that accompany the receipt

of a garden agriculture grant, including, but not limited to, the requirements provided in § 2-28-9;

     (3) A space for the applicant to sign and date the application; and

     (4) A clearly worded statement advising potential applicants that by signing, dating, and

submitting a garden agriculture grant application, they are agreeing to abide by and comply with

the restrictions, legal duties, and legal obligations that accompany receipt of a garden agriculture

grant.

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     (d) The garden agriculture grant application shall be easily accessible on the website of the

bureau. Applicants shall be given the option of submitting their garden agriculture grant application

electronically on the website of the bureau. Visitors to the website of the bureau shall be able to

download and print as many copies of the garden agriculture grant application as they wish. The

bureau shall also establish a program through which applicants can easily and conveniently submit

non-electronic, paper versions of the garden agriculture grant application.

     (e) The garden agriculture grant application shall be available in English and in any other

language spoken by at least ten percent (10%) of the Rhode Island population.

     (f) The bureau shall only approve a garden agriculture grant application if it intends to

provide the garden agriculture grant applicant with a garden agriculture grant.

     2-29-6. Grant recipient prioritization order.

     The bureau shall, at all times, prioritize garden agriculture grant applications submitted by

garden agriculture grant applicants with lower cumulative adjusted gross household income over

garden agriculture grant applicants with higher cumulative adjusted gross household income.

     2-29-7. Contents of a garden agriculture grant.

     (a) A garden agriculture grant shall consist of:

     (1) All of the items requested by the applicant pursuant to § 2-29-5(b)(4);

     (2) All of the seeds requested by the applicant pursuant § 2-29-5(b)(5) in a quantity equal

to no less than two hundred (200) seeds divided by the number of types of seeds the applicant

requested;

     (3) Any raised garden bed or raised garden beds requested by the applicant, pursuant to §§

2-29-5(b)(6) and 2-29-5(b)(7); provided that, no applicant shall receive more than two (2) raised

garden beds;

     (4) Any additional items requested by the applicant, pursuant to § 2-29-5(b)(8);

     (5) Organic fertilizer, if requested by the applicant;

     (6) Mulch and soil, if requested by the applicant;

     (7) Assistance assembling and setting up any raised garden bed which was included in the

garden agriculture grant, if requested by the applicant;

     (8) Assistance setting up any pest control cage included in the garden agriculture grant, if

requested by the applicant;

     (9) An accessible instructional guide for how to plant, grow, and harvest the types of plants

associated with the seeds the applicant requested, pursuant to § 2-29-5(b)(5), in English and in any

other language spoken by at least ten percent (10%) of the Rhode Island population; and

     (10) Any other item or items which the chief of agriculture determines should be included

LC001362 - Page 16 of 30

in all garden agriculture grants.

     (b) Any raised garden bed delivered to any applicant as part of a garden agriculture grant

shall have a built-in pest control cage or shall arrive with a separately installable pest-control cage.

     2-29-8. Shipment and delivery.

     (a) No later than two (2) weeks after approving a garden agriculture application, the bureau

shall notify the applicant that their application was approved, either by mail, electronic mail, or by

telephone.

     (b) After approving a garden agriculture application, the bureau shall deliver the garden

agriculture grant to the applicant, to arrive no later than two (2) months after the application was

approved.

     2-29-9. Duties and obligations of grant recipients.

     (a) Every garden agriculture grant recipient is prohibited from using chemical pesticides.

     (b) Every garden agriculture grant recipient is prohibited from using chemical herbicides.

     (c) Every garden agriculture grant recipient is prohibited from using chemical fertilizer.

     (d) Every garden agriculture grant recipient is prohibited from selling, trading, or otherwise

alienating any of the items, seeds, tools, equipment, or raised garden bed that they received as part

of their garden agriculture grant.

     2-29-10. Technical assistance experts.

     (a) The bureau shall hire at least one technical assistance expert as full-time employee to

receive and resolve questions from garden agriculture grant recipients, related to optimal, effective,

or proper agricultural practices.

     (b) Technical assistance experts must have experience practicing agricultural gardening

without the use of chemical fertilizers, chemical pesticides, or chemical herbicides.

     (c) Technical assistance experts must be qualified to answer questions that garden

agriculture grant recipients could reasonably be expected to have as they set up their gardens, plant

seeds, and grow and harvest plants.

     (d) Technical assistance experts must receive an annual salary that is not less than one

hundred forty percent (140%) of the statewide per capita income, as calculated by the United States

Census Bureau.

     (e) Technical assistance experts must receive health insurance, dental insurance, at least

two (2) weeks of paid vacation time, and at least one paid sick day off of work for every twenty

(20) days in which they work more than six (6) hours.

     2-29-11. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

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be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 4. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 30

THE COMMUNITY AGRICULTURE ACT

     2-30-1. Short title.

     This act shall be known and may be cited as "The Community Agriculture Act".

     2-30-2. Legislative findings.

     The general assembly finds and declares as follows:

     (1) The number and size of local Rhode Island farms has dropped precipitously in the last

seventy (70) years.

     (2) Most of the food that is available to Rhode Islanders is produced by giant industrialized

agriculture corporations.

     (3) Large industrialized agriculture corporations inflict severe damage on the ecological

stability of the planet, particularly through the widespread use of monocultures, over plowing,

chemical fertilizers, and chemical pesticides.

     (4) Large industrialized agriculture corporations routinely underpay and exploit local

agricultural workers.

     (5) Most of the food that is available to Rhode Islanders is grown far away, and must be

transported to the state through long, carbon-intensive supply chains.

     (6) Many Rhode Islanders struggle with chronic food insecurity.

     (7) Many Rhode Islanders eat primarily mass-produced food that has low nutritional value.

     (8) In order to reduce the state's dependence on food that is mass produced by giant

industrial agriculture corporations that exploit their laborers, degrade the environment, and produce

food with low-quality nutritional value that must be shipped to Rhode Island through carbon-

intensive supply chains, the state must facilitate the development of local agricultural production.

     (9) Many low-income Rhode Islanders, particularly in urban areas, lack space for their own

personal gardens.

     2-30-3. Definitions.

     As used in this chapter:

     (1) "Board of directors" means the board of directors of any community agriculture

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cooperative.

     (2) "Bureau" means the agriculture jobs bureau, as established in § 2-27-4.

     (3) "Census tract" means a geographic region identified as and referred to as a "census

tract" by the United States Census Bureau.

     (4) "Chemical fertilizer" means any chemical compound of synthetic origin applied to soil

or to a plant to supply the plant with nutrients.

     (5) "Chemical herbicide" means any chemical compound of synthetic origin applied to

plants, crops, or soil which is designed, used, or intended to kill or inhibit the growth of unwanted

plants or fungi.

     (6) "Chemical pesticide" means any chemical compound of synthetic origin applied to

plants, crops, or soil which is designed, used, or intended to kill pests that can damage crops or

interfere with agricultural production, including insects, birds, rodents, or any other type of animal.

     (7) "Chief" means the chief of agriculture within the Rhode Island department of

environmental management.

     (8) "Community agriculture cooperative" means the nonprofit corporation described in §

2-30-5.

     (9) "Community agriculture program" means the cumulative entirety of any and all rules,

regulations, contracts, plans, projects, expenditures, and activities completed by the bureau to

award community agriculture grants to natural persons including, but not limited to, creating a

community agriculture grant application; reviewing community agriculture grant applications;

assisting community agriculture cooperatives with establishing a bank account; assisting

community agriculture cooperatives with incorporation; depositing funds into a community

agriculture cooperative bank account; assisting community agriculture cooperatives with holding

free and fair elections to select natural persons to serve on their first board of directors; developing

community agriculture standards; and monitoring and enforcing the provisions of this chapter.

     (10) "Community agriculture standards" means the community agriculture standards

established by the bureau, as provided in § 2-30-16.

     (11) "Community agriculture grant" means the community agriculture grant, established in

§ 2-30-10.

     (12) "Community agriculture grant application" means an application to receive a

community agriculture grant.

     (13) "Community food" means food produced in a community garden.

     (14) "Community garden" means a site of agricultural production owned and managed by

a community agriculture cooperative on behalf of its members. A community garden may include

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real estate, farming equipment, greenhouses, buildings for indoor agriculture, and any other items,

structures, land, or property that are appropriate to facilitate agricultural production.

     (15) "Director" means a natural person acting as a director on the board of directors of a

community agriculture cooperative.

     (16) "Feasible and appropriate" means:

     (i) Physically and biologically possible, as determined by the chief;

     (ii) Economically viable, as determined by the chief; and

     (iii) Ecologically advantageous, as determined by the chief, including, but not limited to,

improving soil health, sequestering carbon, increasing biodiversity, protecting natural habitats,

protecting the health of pollinators, and any other aspect of ecological sustainability deemed

important by the chief.

     (17) "Geographically contiguous" means the characteristic of a geographic area which is

not divided into multiple segments which are geographically disconnected from one another.

     (18) "Geographic membership area" means the geographic area described in the

community agriculture grant application.

     (19) "Linked" means the formal legal relationship that is established between a community

agriculture grant application and a community agriculture cooperative under the following

circumstances: when a community agriculture grant application is approved, and a community

agriculture cooperative is created to receive the funds from the community agriculture grant, then

that community agriculture grant application and that community agriculture cooperative are

"linked."

     (20) "Major violation" means any of the following violations, and no others:

     (i) Any activity or pattern of behavior engaged in by any director or group of directors that

leads the chief to conclude, by clear and convincing evidence, that the board of directors of a

community agriculture cooperative is attempting to transfer money received from a community

agriculture grant to a member or members of that community agriculture cooperative for personal

use that is not primarily intended to benefit the members of that community agriculture cooperative,

as a whole;

     (ii) Any activity or pattern of behavior engaged in by any director or group of directors that

leads the chief to conclude, by clear and convincing evidence, that the board of directors of a

community agriculture cooperative is not intending or attempting to grow community food;

     (iii) Any activity or pattern of behavior engaged in by any director or group of directors

that leads the chief to conclude, by clear and convincing evidence, that a director or group of

directors are attempting to deliberately exclude some members of the community agriculture

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cooperative from receiving any of the benefits of membership in the community agriculture

cooperative, including, but not limited to, the right to participate in elections to select natural

persons to serve on the board of directors; and

     (iv) Any activity or pattern of behavior engaged in by any director or group of directors

that leads the chief to conclude, by clear and convincing evidence, that the board of directors is

encouraging or permitting community food to be grown in violation of the community agriculture

standards.

     (21) "Members" means the members of a community agriculture cooperative, possessing

all the duties and privileges attached to membership in a nonprofit corporation, pursuant to this

chapter.

     (22) "Minor violation" means any violation of any provision of this chapter that is not a

major violation.

     (23) "Permanent resident of a geographic membership area" means any natural person

whose primary domicile is in a geographic membership area. Any natural person who regularly

sleeps no less than one hundred (100) nights per year within the geographic membership area

automatically qualifies as a permanent resident of that geographic membership area, regardless of

whether they have a legal address within the geographic membership area.

     (24) "Secret ballot" means a ballot in which the votes cast are secret, and every voter's

choice is anonymous.

     (25) "Technical assistance experts" means the technical assistance experts described in §

2-30-17.

     (26) "Treasurer" means the treasurer of a community agriculture cooperative, chosen by

that corporation's board of directors.

     2-30-4. Creation of the community agriculture program.

     (a) The bureau shall create the community agriculture program.

     (b) The purposes of the community agriculture program are to:

     (1) Enable Rhode Island residents to establish community gardens;

     (2) Increase Rhode Island residents' access to locally-grown food with high nutritional

value.

     2-30-5. Community agriculture cooperative.

     A community agriculture cooperative is a nonprofit corporation, incorporated in the state

of Rhode Island, established to acquire land, real property, and other property in fee simple, and to

use that land, real property, and other property for the purpose of agricultural production for the

benefit of the corporation's members.

LC001362 - Page 21 of 30

     2-30-6. Community agriculture cooperative membership.

     All permanent residents of a geographic membership area specified in the community

agriculture grant application, pursuant to § 2-30-11(c)(3), shall be members of the community

agriculture cooperative to which that community agriculture grant application is linked.

     2-30-7. Powers of community agriculture cooperatives.

     (a) A community agriculture cooperative is permitted to receive funds from a community

agriculture grant, private donations from any source, private grants from any source, appropriations

from the general assembly, appropriations from any municipal government or subdivision thereof,

and appropriations from any agency or subdivision of the state of Rhode Island.

     (b) A community agriculture cooperative may spend money in the following ways, but no

others:

     (1) To purchase land or real property in fee simple, and any appurtenances to that land,

with which to establish a community garden to produce community food;

     (2) To compensate a real estate agent, real estate broker, or any other individual to locate

land, real property, appurtenances, buildings, or other structures that may be appropriate for the

community agriculture cooperative to purchase;

     (3) To compensate a real estate agent, real estate broker, lawyer, legal expert, or any other

individual to assist the community agriculture cooperative in purchasing land, real property,

appurtenances, buildings, or other structures in fee simple;

     (4) To purchase, construct, or install buildings, greenhouses, raised garden beds, or any

other structures that will be used to facilitate the production of community food in a community

garden;

     (5) To purchase items, tools or equipment that will be used to facilitate the production of

community food in a community garden, including, but not limited to, gardening tools, seeds, non-

chemical fertilizer, soil, mulch, irrigation systems, components of irrigation systems, and soil

nutrients;

     (6) To purchase technical gardening assistance, guidance, or consulting services, provided

such services are used on behalf of the community agriculture cooperative;

     (7) To purchase legal assistance, guidance, or consulting services, provided such services

are used exclusively on behalf of the community agriculture cooperative;

     (8) To purchase financial accounting, financial bookkeeping, or financial consulting

services, provided such services are used exclusively on behalf of the community agriculture

cooperative;

     (9) To compensate members of the community agriculture cooperative to grow community

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food, maintain and improve the community garden, or train others to grow community food or

maintain and improve the community garden; provided that, no member is compensated with an

hourly income of less than the quotient of one divided by one thousand nine hundred and twenty

(1/1,920) multiplied by one hundred forty percent (140%) of the statewide per capita income, as

calculated by the United States Census Bureau, or is compensated with an hourly income of more

than the quotient of one divided by one thousand nine hundred and twenty (1/1,920) multiplied by

one hundred eighty percent (180%) of the statewide per capita income, as calculated by the United

States Census Bureau; and

     (10) To purchase any additional items, goods, products, property, or services that the chief

deems appropriate.

     (c) A community agriculture cooperative may not rent land, real property, appurtenances,

or buildings from any individual, corporation, or entity.

     (d) In order to sell or otherwise alienate any piece of land or real property, a community

agriculture cooperative must obtain the approval of the chief of agriculture, the bureau shall develop

an efficient and convenient system through which a community agriculture cooperative may submit

an application to sell or otherwise alienate any piece of land or real property.

     (e) A community agriculture cooperative may not disburse funds to its members except as

compensation for:

     (1) Labor performed to produce community food;

     (2) Labor performed to distribute community food;

     (3) Labor performed to maintain, clean, or improve land, items, buildings, structures, or

real property belonging to the community agriculture cooperative;

     (4) Labor performed to research information for the benefit of the community agriculture

cooperative or its members;

     (5) Attending to administrative business of the community agriculture cooperative,

including, but not limited to, attending meetings and bookkeeping; or

     (6) In furtherance of any other purpose deemed appropriate by the chief.

     2-30-8. Duties of community agriculture cooperatives.

     (a) As soon as is feasible, and no later than ninety (90) days after being incorporated in the

state of Rhode Island, a community agriculture cooperative shall hold an election in which all of

its members may vote to elect between six (6) and twelve (12) directors to serve on that community

agriculture cooperative's board of directors.

     (b) All members of a community agriculture cooperative are eligible to be elected as a

director of that community agriculture cooperative.

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     (c) Only members of a community agriculture cooperative are eligible to be elected as a

director of that community agriculture cooperative.

     (d) All members of a community agriculture cooperative shall be eligible to vote for its

board of directors.

     (e) Only members of a community agriculture cooperative shall be eligible to vote for its

board of directors.

     (f) Within ninety (90) days of a community agriculture cooperative electing its first board

of directors, the board of directors shall draft the community agriculture cooperative's bylaws.

     (g) A community agriculture cooperative's bylaws shall specify:

     (1) How often the community agriculture cooperative shall hold elections for its board of

directors; provided that, those elections shall take place at least once every two (2) years;

     (2) The rules and procedures governing the community agriculture cooperative's elections

to select a new board of directors;

     (3) That all permanent residents of the geographic membership area specified in the

community agriculture grant application to which the community agriculture cooperative is linked

are members of the community agriculture cooperative;

     (4) Any other matters, procedures, rules, or regulations which the board of directors deems

appropriate to include in the bylaws; provided they are consistent with the provisions of this

chapter.

     (h) In order to be adopted, the bylaws of a community agriculture cooperative must be

approved by at least sixty percent (60%) of the board of directors.

     (i) In order to be amended, the bylaws of a community agriculture cooperative must be

approved by at least sixty percent (60%) of the board of directors.

     (j) Within ninety (90) days of a community agriculture cooperative electing its first board

of directors, the board of directors shall select one natural person to serve as that community

agriculture cooperative's treasurer.

     (k) Any meeting of a board of directors shall be open to any member of the community

agriculture cooperative. The time and location of all meetings of a board of directors shall be

publicly announced at least fourteen (14) days before the meeting takes place.

     2-30-9. Ensuring election integrity.

     (a) For the election in which a newly incorporated community agriculture cooperative

elects its first board of directors, the bureau shall make all appropriate and feasible efforts to notify

each member of the community agriculture cooperative:

     (1) That they are a member of the newly incorporated community agriculture cooperative;

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     (2) That the community agriculture cooperative is receiving a financial grant to produce

food;

     (3) That the board of directors will be empowered to make important decisions about the

type of food produced, the ways in which it is produced, and the ways in which it is distributed;

     (4) That they may vote to elect the community agriculture cooperative's first board of

directors;

     (5) The date, time, and location at which the election shall be held.

     (b) For the first election in which a community agriculture cooperative elects its first board

of directors, the ballots must be cast and counted within the geographic membership area.

     (c) For the first election in which a community agriculture cooperative elects its first board

of directors, the bureau alone shall have the duty and authority to:

     (1) Schedule the election;

     (2) Facilitate a fair way in which members may cast votes through a secret ballot;

     (3) Count the votes;

     (4) Notify all members of the names of the natural persons who won the election to be on

the community agriculture cooperative's first board of directors.

     2-30-10. Community agriculture grant.

     (a) A community agriculture grant shall consist of a one-time financial grant, disbursed by

the bureau, directly to the bank account of a community agriculture cooperative.

     (1) A community agriculture grant for a community agriculture cooperative that has fewer

than five hundred (500) permanent residents of its geographic membership area, as determined by

the chief, shall consist of five hundred thousand dollars ($500,000).

     (2) A community agriculture grant for a community agriculture cooperative that has

between five hundred (500) and seven hundred fifty (750) permanent residents of its geographic

membership area, as determined by the chief, shall consist of seven hundred thousand dollars

($700,000).

     (3) A community agriculture grant for a community agriculture cooperative that has

between seven hundred and fifty (750) and one thousand (1,000) permanent residents of its

geographic membership area, as determined by the chief, shall consist of one million dollars

($1,000,000).

     (b) The bureau retains the legal right to claim the remaining, unspent money from a

community agriculture grant or claim ownership over any items, tools, land, real property, or

equipment that was purchased with money from a community agriculture grant if a major violation

has taken place. The bureau may exercise this right in any lawful manner, including, but not limited

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to, through an action in the superior court.

     (c) A community agriculture grant shall not be deposited in the bank account of a

community agriculture cooperative until each one of its directors signs a memorandum of

understanding affirming that they understand and consent to:

     (1) Allow the bureau to claim the remaining, unspent money from a community agriculture

grant or to claim ownership over any items, tools, land, real property, or equipment that was

purchased entirely with money from a community agriculture grant if a major violation has taken

place;

     (2) Allow the bureau, its agents, and its employees to inspect the records, bank statements,

and premises of a community agriculture cooperative to ensure compliance with the regulations

established by this chapter; and

     (3) All of the duties and legal obligations established by this chapter.

     2-30-11. Community agriculture grant application.

     (a) The bureau shall create a clear and simple application called the community agriculture

grant application with which natural persons can apply for a community agriculture grant. The

bureau and its agents and employees shall refer to the community agriculture grant application as

the "community agriculture grant application" in all official, public communications.

     (b) Any party submitting a community agriculture grant application must live in the

geographic membership area identified in that community agriculture grant application.

     (c) The community agriculture grant application shall require the applicant to:

     (1) Provide their name;

     (2) Provide their address;

     (3) Identify a geographic membership area, defined according to the street names that

compose the borders of the geographic membership area; and

     (4) Provide any other information that the chief deems appropriate to include on every

community agriculture grant application.

     2-30-12. Community agriculture application approval.

     (a) The bureau shall always seek to prioritize community agriculture applications for which

the median household income of all of the census tracts which overlap with the geographic

membership area, as calculated by the US Census Bureau, are below sixty percent (60%) of the

statewide median income, as calculated by the US Census Bureau.

     (b) When the bureau approves a community agriculture application, the bureau shall assist

the applicant in filing the necessary paperwork to incorporate a nonprofit corporation in the state

of Rhode Island that shall serve as the community agriculture cooperative.

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     (c) When the bureau approves a community agriculture application, the bureau shall assist

the applicant in creating a bank account for the community agriculture cooperative to use and into

which the community agriculture grant may be deposited.

     2-30-13. Geographic membership area requirements.

     (a) No part of a geographic membership area may overlap with any census tract for which

the median household income, as calculated by the US Census Bureau, exceeds ninety percent

(90%) of the statewide median household income, as calculated by the US Census Bureau.

     (b) A geographic membership area must be geographically contiguous.

     (c) A geographic membership area must include at least four hundred (400) permanent

residents of that geographic membership area.

     2-30-14. Agricultural site requirements.

     A community agriculture cooperative may not purchase land or real property on which to

grow community food if that land or real property is more than one mile from the closest point

within the geographic membership area.

     2-30-15. Monitoring.

     (a) The bureau shall establish a clear and convenient system with which a community

agriculture cooperative, by and through its agents, can record all purchases it makes with funds, in

whole or in part, from a community agriculture grant.

     (b) A community agriculture cooperative, by and through its agents, must record every

purchase it makes with funds, in whole or in part, from a community agriculture grant, within seven

(7) days of making the purchase.

     (c) On the first business day of each calendar month, a community agriculture cooperative

shall notify the bureau of any purchases that it made in the previous calendar month with funds, in

whole or in part, from a community agriculture grant.

     (d) The bureau shall not require a community agriculture cooperative to obtain consent

from the bureau to make purchases with funds from a community agriculture grant, before those

purchases have been made.

     (e) At any time, the bureau, its agents, and its employees shall have the right to inspect the

records, bank statements, and premises of a community agriculture cooperative to ensure

compliance with the regulations established by this chapter.

     (f) At any time, any member of a community agriculture cooperative shall have the right

to inspect the records, bank statements, and premises of that community agriculture cooperative.

     (g) Minor violations may not be punished.

     (h) Before determining that a major violation has taken place, the chief must provide the

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enrollee or enrollees whose behavior is in question with notice and an opportunity to present

evidence in their defense.

     (i) Major violations may be punished in either or both of the following two (2) ways, and

no others:

     (1) The chief may punish major violations by claiming the remaining, unspent money from

a community agriculture grant or claiming ownership over any items, tools, land, real property, or

equipment that was purchased entirely with money from a community agriculture grant.

     (2) The chief may punish major violations by requiring any natural person or group of

natural persons to resign from the board of directors and to schedule an election to fill the resultant

vacancies on the board of directors.

     2-30-16. Community agriculture standards.

     (a) The bureau shall create and publish a document which shall be titled the "community

agriculture standards".

     (b) The community agriculture standards shall include a comprehensive list of agricultural

practices for members of community agriculture cooperatives which:

     (1) Minimize, to the greatest extent feasible and appropriate, the use of chemical fertilizers;

     (2) Minimize, to the greatest extent feasible and appropriate, the use of chemical pesticides;

     (3) Minimize, to the greatest extent feasible and appropriate, the use of chemical

herbicides;

     (4) Minimize, to the greatest extent feasible and appropriate, the frequency with which soil

is tilled;

     (5) Minimize, to the greatest extent feasible and appropriate, the number of inches that

tilling extends into the soil; and

     (6) Maximize, to the greatest extent feasible and appropriate, the use of polyculture.

     (c) The bureau shall amend the community agriculture standards when appropriate.

     (d) The bureau shall develop regulations to ensure that community food is grown in soil

that does not contain dangerous levels of lead or any other toxin.

     (e) If community food is grown directly in the ground, the ground soil must be tested first

to ensure that it does not contain dangerous levels of lead or any other toxin.

     2-30-17. Technical assistance experts.

     (a) The bureau shall hire no fewer than two (2) technical assistance experts with direct

experience with agricultural production that does not rely on chemical fertilizers, chemical

pesticides, or chemical herbicides. No less than one of the technical assistance experts will have

direct experience with indoor agricultural production.

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     (b) The technical assistance experts shall be available to help members of community

agriculture cooperatives, answer their questions, and offer guidance regarding agricultural

production.

     (c) Technical assistance experts must be hired as full-time employees of the bureau.

     (d) Technical assistance experts must receive an annual salary that is not less than one

hundred forty percent (140%) of the statewide per capita income, as calculated by the United States

Census Bureau.

     (e) Technical assistance experts must receive health insurance, dental insurance, at least

two (2) weeks of paid vacation time, and at least one paid sick day off of work for every twenty

(20) days in which they work more than six (6) hours.

     2-30-18. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- FOOD SECURITY AND

AGRICULTURE JOBS

***

     This act would create agricultural jobs and opportunities with the goal of creating food

security. The act would employ several mechanisms to do so, including the creation of the

agriculture jobs bureau, to be located within the division of agriculture.

     This act would take effect upon passage.

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