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Committee reviews S.323 amendment to Act 250 exemptions for accessory on‑farm businesses
Summary
The committee examined Section 4 of S.323, which would let accessory on‑farm businesses qualify for an Act 250 exemption either by having more than 50% of value‑of‑sales from on‑farm products or by ensuring no more than $250,000 (adjusted for inflation) in annual sales or donated farm crops come from off‑farm products. Members raised concerns about calculation methods, donated‑product language, and the need for clearer drafting and guidance.
Ellen Chaykowski of the Office of Legislative Council briefed the committee on Section 4 of S.323, explaining that the Senate added an alternative eligibility test to the Act 250 exemption for accessory on‑farm businesses. Under the amendment, an accessory on‑farm business that prepares or processes qualifying products would remain exempt from Act 250 permitting if either more than 50% of its total annual sales of prepared or processed qualifying products come from products produced on the farm, or "not more than $250,000, adjusted for inflation, in total annual sales or the equivalent value of donated farm crops" come from products not produced on the farm, Chaykowski said.
The amendment is intended to give farms a second path to the exemption in addition to the longstanding 50% sales test. Committee members pressed on how the 50% test is calculated — by sales value rather than weight — and…
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