Bill
HB 5968
Prohibits municipalities from charging qualifying agricultural operations for water/sewer extensions past their property, reducing farm utility costs.
Status
- Introduced: February 28, 2025 (Rep. Charlene Lima)
- Referred to: House Municipal Government & Housing
- Committee action: 03/11/2025 — committee recommended measure be held for further study
- Effective date (if enacted): upon passage
Note on source material
- The materials provided also include text from an unrelated "hazardous products" bill introduced in another jurisdiction. This summary covers the Rhode Island Farmland Preservation Act amendment (LC001886), which corresponds to the Farmland Preservation Act changes in HB 5968.
Purpose / intent
- To protect existing agricultural operations and agricultural land from being assessed municipal fees for public water (and, in part, sewer) utility extensions that run past their property, thereby reducing the infrastructure cost burden on qualifying farms and preserving farmland use.
Key provisions
- Prohibition on assessments: Cities, towns, quasi‑municipal corporations, and public corporations may not assess owners of qualifying agricultural operations/land for extension of water utilities that run past their property. This prohibition includes impact fees, connection fees, or any other fees intended to circumvent the ban — except for base "usable" charges.
- Eligibility date and listing requirement: Protections apply to agricultural operations/land that are in existence as of July 1, 2025. Eligible operations must be listed on the Division of Agriculture’s list under § 2‑23.1‑3 and be in compliance with § 44‑27‑3.
- Sewer utility treatment: An owner may be charged for sewer utility extensions only if the owner requested the extension. Where a sewer extension runs past a property, the agricultural operation may connect by paying the normal tie‑in cost but not for the infrastructure improvement itself (again, except for base usable charges).
- Water utility tie‑in: If an owner requests a water utility extension, the owner shall not be charged for the extension; the operation may tie into the extension at no tie‑in cost and no infrastructure improvement charge, except for base usable charges.
- Clawback condition: The protections and exemptions become null and void and assessments may be imposed if the owner develops or sells the property to a non‑qualifying owner within 20 years after the utilities become operational.
Who is affected
- Primary beneficiaries: Owners of agricultural operations and agricultural land that existed by July 1, 2025 and meet the statutory listing and compliance requirements.
- Entities affected: Municipalities, quasi‑municipal and public corporations that plan or pay for public water or sewer extensions may lose the ability to charge certain fees to qualifying farm properties; this may shift infrastructure cost allocations or revenue responsibilities.
Potential impacts
- Reduces direct utility extension costs for qualifying farms, encouraging retention of farmland and lowering barriers to continued agricultural use.
- May shift costs to municipal taxpayers, utility ratepayers, or require municipalities to absorb infrastructure costs or revise financing strategies.
- The 20‑year recapture provision discourages near‑term conversion of protected farmland to non‑agricultural uses.
Relevant statutory references
- Amends R.I. Gen. Laws § 42‑82‑16; cross‑references § 2‑23‑4, § 2‑23.1‑3, and § 44‑27‑3.
Procedural next steps
- The bill is currently in committee (held for further study as of 03/11/2025). Further hearings, amendments, or a committee report would be required to move it to the full House for a vote.
Compiled from official sources — confirm details with the bill’s official record.
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