2024 -- H 8207

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LC006004

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- FARMLAND PRESERVATION

ACT

     Introduced By: Representatives Lima, Cardillo, and Costantino

     Date Introduced: April 25, 2024

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-82-16 of the General Laws in Chapter 42-82 entitled "Farmland

Preservation Act" is hereby amended to read as follows:

     42-82-16. Charges for utility extension.

     (a) No city, town, quasi-municipal corporation or public corporation may assess the owner

of an agricultural operation having frontage on a public roadway for the extension of water and

sewer utilities past the property.

     (b) No city, town, quasi-municipal corporation or public corporation may assess the owner

of an agricultural operation as defined in § 2-23-4, or agricultural land as defined in § 42-82-2(1),

in existence as of July 1, 2024 and having frontage on a public roadway for the extension of water

utilities past the property. Assessment for the extension of water utilities includes any impact fee,

connection fee or any other fee designed to circumvent the prohibition contained in this section.

     (1) Agricultural operations and agricultural land eligible for the protections for the

exemptions in section (b) of this section, shall be listed as of July 1, 2024 on the division of

agriculture’s list of agricultural operations pursuant to § 2-23.1-3 and shall be in compliance with

the provisions of § 44-27-3.

     (b)(c) The owner of the agricultural operation may only be charged for the extension of

sewer utilities if the owner has requested the utility extension. The agricultural operation may tie

into any sewer utility extension made past that property for the normal cost of tie-in and no cost for

the infrastructure improvement except for its base usable charge. The protection afforded by this

section shall be null and void and the assessments made if the owner of the agricultural operation

develops or sells to other than a qualifying agricultural operation the property or farmland within

twenty (20) years of the date the utility extensions were operational.

     (d) The owner of the agricultural operation may not be charged for the extension of water

utilities if the owner has requested the utility extension. The agricultural operation may tie into any

water utility extension made past that property at no cost of tie-in and no cost for the infrastructure

improvement except for its base usable charge. The protection afforded by this section shall be null

and void and the assessments made if the owner of the agricultural operation develops or sells to

other than a qualifying agricultural operation the property or farmland within twenty (20) years of

the date the utility extensions were operational.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- FARMLAND PRESERVATION

ACT

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     This act would prohibit any city, town, quasi-municipal corporation or public corporation

from assessing any existing agricultural operation or agricultural land any water impact fee,

excepting base useable charges.

     This act would take effect upon passage.

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LC006004

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