It is enacted by the General Assembly as follows:

SECTION 1. Section 42-82-2 of the General Laws in Chapter 42-82 entitled "Farmland Preservation Act" is hereby amended to read as follows:

{ADD 42-82-2. Definitions. -- ADD} As used in this chapter, unless the context indicates a different meaning or intent;

(a) "agricultural land" means any land in the state of five contiguous acres or larger that is suitable for agriculture by reference to soil type, existing use for agricultural purposes and other criteria to be developed by the commission and may include adjacent pastures, ponds, natural drainage areas and other adjacent areas which the commission deems necessary for farm operations;

(b) "agricultural lands preservation commission" or "commission" means the commission established pursuant to section 42-82-3;

(c) "cost" when used with reference to acquisition of development rights, means as of any particular date the cost thereafter to be incurred of purchasing the development rights, property rights and all other necessary expenses incident to planning, financing, and implementing the provisions of this chapter;

(d) "development rights" means the rights of the fee simple owner to develop, construct on, divide, sell, lease, or otherwise change the property in such a way as to render the land unsuitable for agriculture; this includes the exercise of the owner's rights to sell or grant easements or rights of way,or to sell the mineral or water rights or other rights if by such exercise the use of the land as productive agricultural land is diminished; but does not include the rights of the owner to sell, lease, or otherwise improve the agricultural land to preserve, maintain, operate, or continue the land as agricultural land or all other customary rights and privileges of ownership, including the right to privacy. Specific restrictions to farm-related development shall be formulated by the commission for each parcel of land to which the development rights are purchased and appended to the covenant at the time of its making;

{ADD (e) "agricultural operation" means any individual, partnership or corporation that complies with section 44-27-3 and 2-1-22 (J) and produces and disributes a commercial food, feed, fiber or horticultural product. ADD}

SECTION 2. Chapter 42-82 of the general laws entitled "Farmland Preservation Act" is hereby amended by adding the following section:

{ADD 42-82-17. Charges for utility extension. -- ADD} {ADD 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.

The owner of the agricultural operation may only be charged in the event that they request the utility extension. The agricultural operation may tie into any utility extension made past their 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 said agricultural operation develops or sells to other than a qualifying agricultural operation the property or farmland within 20 years of the date the utility extensions were operational. ADD}

SECTION 3. This act shall take effect upon passage.