250 R.I. Code R. 250-RICR-110-00-8.9

Current through October 15, 2024
Section 250-RICR-110-00-8.9 - State Farmland Access Advisory Committee: Evaluation Procedure and Scoring Criteria
A. The Director shall establish a State Farmland Access Advisory Committee, a public body of not less than five (5) nor more than nine (9) members to recommend farmer-buyers from the solicited pool of applicants for each purchased farm property. The Committee shall have a period of sixty (60) days following the solicitation deadline to meet and score the applications.
B. Committee members shall be appointed by the Director to achieve a reasonable representation of entities concerned with diverse types of Agriculture in Rhode Island. The Committee shall include no less than two farmers-at-large who are residents of the State of Rhode Island, the chief of the Division of Planning and Development or his or her designee (non-voting member), and the chief of the Division of Agriculture or his or her designee (non-voting member). In addition, the Director shall give consideration to appointments from the RI Agricultural Council, the RI Farm Bureau, the RI Conservation Districts, an organization that advocates for the interests of beginning farmers, a member at-large from the food and agricultural advocacy community. Organizations or individuals may at any time register their interest in membership, in writing, with the Director; organizations may nominate individuals for appointment. The Director may appoint those nominated provided there are vacancies on the Committee. No member shall at any time during his/her membership be an applicant.
C. Appointment terms shall not exceed five (5) years although members may succeed themselves and serve consecutive terms, not to exceed two (2) terms. The Director, at his/her discretion, may replace Committee members due to unexcused absences or for cause, provided the organization that the member represents is notified in writing.
D. The Chairperson shall be a representative of the DEM designated by the Director of DEM. The Chairperson may select a designee to appear at Committee meetings on his or her behalf. There shall be a Vice-Chairperson appointed by the Chair at the first regular meeting of each calendar year.
E. At its first meeting the Committee shall develop a scoring system, using the criteria below, to evaluate and recommend prospective farmer-buyers. Price will be set as outlined in § 8.11(A) of this Part and will not be a factor in scoring.
F. The Committee shall score each farmer-buyer applicant using the scoring system developed. Based on the resulting scores, the Committee will select and recommend to the Director a farmer-buyer applicant (subject to confirmation of necessary financing) or, if the Committee determines that there is not a suitable applicant, may recommend that DEM lease the farmland in accordance with § 8.14 of this Part. The Director shall accept the Committee's recommendation unless there is a reasonable justification. If the Director does not accept the Committee's recommendation, then notice will be provided in writing to the Committee stating the Director's reason(s) for rejecting the recommendation.
G. Scoring Criteria to be established by the Committee shall include:
1. Agricultural Experience. The Committee shall consider the duration and quality of the agricultural experience with a type of agriculture similar to the type proposed in the applicant's Farm Plan. Priority shall be given to small and/or beginning farmers who are farming full-time or working towards becoming a full-time farmer in Rhode Island and to such farmers who have direct experience with the subject farm property.
2. Farm Business Experience. The Committee shall consider the duration and quality of the experience managing a farm business, including the ability to bring products to market and sustain positive cash flow. Priority shall be given to small and/or beginning farmers that have demonstrated their ability to run a successful farm business.
3. Farm Plan. The Committee shall consider the suitability of the applicant's plan for the purchased farm property, including land use and business operations. In determining plan suitability, the Committee shall consider the soil type, topography, infrastructure, and size of the farm property in relation to the proposed agricultural operation. The Committee shall also consider the viability of the proposed farm business on the subject farm property using the following criteria: market potential for the proposed product to be raised on the farm property, identified/secured market outlets, and projected earnings.
4. Ability to Finance Farm Purchase and Farm Business. The Committee shall consider the applicant's financial readiness to purchase the property and start and sustain a farm business, including evidence of loan pre-qualification and/or availability of start-up capital. DEM will not provide financing.
5. Demonstrated need for farmland. Priority shall be given to in-state farmers who do not currently own sufficient land to sustain a profitable farming operation.

250 R.I. Code R. 250-RICR-110-00-8.9