S T A T E O F N E W Y O R K
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5386
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
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Introduced by M. of A. LUPARDO, BARRETT -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, the state finance law
and the soil and water conservation districts law, in relation to
establishing the soil health and climate resiliency act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "soil
health and climate resiliency act".
§ 2. The agriculture and markets law is amended by adding a new arti-
cle 11-B to read as follows:
ARTICLE 11-B
SOIL HEALTH AND CLIMATE RESILIENCY
SECTION 151-L. DEFINITIONS.
151-M. SOIL HEALTH PROGRAM.
151-N. CLIMATE RESILIENT FARMING PROGRAM.
151-O. SOIL HEALTH PARTNERSHIP AND RESEARCH FRAMEWORK.
§ 151-L. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "SOIL HEALTH" MEANS
SOILS THAT HAVE THE CONTINUING CAPACITY TO FUNCTION AS A VITAL, LIVING
BIOLOGICAL SYSTEM THROUGH: INCREASED SOIL ORGANIC MATTER; IMPROVED SOIL
STRUCTURE, WATER AND NUTRIENT-HOLDING CAPACITY AND NUTRIENT CYCLING;
DIVERSITY OF BENEFICIAL ORGANISMS; ENHANCED RESILIENCE TO TOLERATE AND
RECOVER FROM DROUGHT, TEMPERATURE EXTREMES, PESTS, AND OTHER STRESSES;
PROTECTING NATURAL RESOURCES; AND ASSISTING IN REDUCING AND MITIGATING
THE IMPACT OF GLOBAL CLIMATE CHANGE, INCLUDING NET LONG-TERM GREENHOUSE
GAS BENEFITS.
2. "SOIL HEALTH PRACTICES" MEANS SYSTEMS OF AGRICULTURAL, FORESTRY AND
LAND MANAGEMENT PRACTICES THAT:
A. IMPROVE THE HEALTH OF SOILS, INCLUDING BUT NOT LIMITED TO CONSIDER-
ATION OF DEPTH OF TOPSOIL HORIZONS, WATER INFILTRATION RATE, WATER HOLD-
ING CAPACITY, ORGANIC CARBON CONTENT, BIOLOGICALLY ACCESSIBLE NUTRIENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05460-04-1
A. 5386 2
CONTENT, BULK DENSITY, BIOLOGICAL ACTIVITY, AND BIOLOGICAL AND MICROBI-
OLOGICAL DIVERSITY;
B. FOLLOW THE PRINCIPLES OF: MINIMIZING SOIL DISTURBANCE AND EXTERNAL
INPUTS; KEEPING SOIL COVERED; MAXIMIZING BIODIVERSITY; MAXIMIZING PRES-
ENCE OF LIVING ROOTS; AND INTEGRATING ANIMALS INTO LAND MANAGEMENT,
INCLUDING GRAZING ANIMALS, BIRDS, BENEFICIAL INSECTS OR OTHER SPECIES
BENEFICIAL TO THE SOIL, SUCH AS EARTHWORMS; AND
C. INCLUDE SUCH PRACTICES AS CONSERVATION TILLAGE OR NO-TILL, COVER-
CROPPING, PRECISION NITROGEN AND PHOSPHOROUS APPLICATION, PLANNED GRAZ-
ING, INTEGRATED CROP-LIVESTOCK SYSTEMS, AGROFORESTRY, PERENNIAL CROPS,
INTEGRATED PEST MANAGEMENT, NUTRIENT BEST MANAGEMENT PRACTICES, AND
THOSE PRACTICES RECOMMENDED BY THE UNITED STATES DEPARTMENT OF AGRICUL-
TURE NATURAL RESOURCES CONSERVATION SERVICE AND THAT ARE SUPPORTED BY
THE STATE SOIL AND WATER CONSERVATION COMMITTEE.
3. "SOIL HEALTH PROJECT" MEANS A SPECIFIC WORK OR IMPROVEMENT OR
EQUIPMENT ACQUISITION THAT IS UNDERTAKEN FOR IMPROVING SOIL HEALTH ON
LANDS UTILIZED FOR COMMERCIAL FARMING AND FORESTRY.
4. "CLIMATE ADAPTATION" MEANS THE PROCESS OF ADJUSTMENT TO ACTUAL OR
EXPECTED CLIMATE AND ITS EFFECTS.
5. "CLIMATE MITIGATION" MEANS A HUMAN INTERVENTION TO REDUCE THE
SOURCES OR ENHANCE THE "SINKS" THAT ABSORB AND STORE GREENHOUSE GASES.
§ 151-M. SOIL HEALTH PROGRAM. 1. THERE IS HEREBY ESTABLISHED WITHIN
THE DEPARTMENT A SOIL HEALTH PROGRAM TO ASSIST FARMERS IN IMPROVING THE
HEALTH OF THEIR SOIL BY MANAGING AND OPTIMIZING SOIL HEALTH TO REDUCE
NEGATIVE IMPACTS ON THE ENVIRONMENT WHILE IMPROVING LONG TERM SOIL
PRODUCTIVITY, EFFICIENCY, AND PROFITABILITY OF FARMING, SUSTAINING AGRI-
CULTURAL PLANTS AND ANIMALS AND A HEALTHY, AFFORDABLE FOOD SUPPLY, AND
ADDRESSING SUCH ENVIRONMENTAL IMPACTS FROM THOSE OPERATIONS, INCLUDING,
BUT NOT LIMITED TO, SOIL, AIR AND WATER POLLUTION AND GREENHOUSE GAS
EMISSIONS.
2. THE DEPARTMENT, IN COOPERATION WITH THE SOIL AND WATER CONSERVATION
COMMITTEE, SHALL IMPLEMENT A PROGRAM TO ASSIST RURAL AND URBAN AGRICUL-
TURAL PRODUCERS AND FORESTERS IN OPTIMIZING AND MANAGING SOIL HEALTH
THROUGH SOIL HEALTH PRACTICES THAT INCLUDE, BUT SHALL NOT BE LIMITED TO:
(A) IMPROVING SOIL HEALTH AND QUANTITY, AND CONTROL SOIL EROSION AND
SEDIMENTATION;
(B) IMPROVING WATER INFILTRATION RATES AND WATER HOLDING CAPACITIES OF
SOILS FOR IMPROVED STORM WATER MANAGEMENT AND FLOOD CONTROL, DROUGHT
RESILIENCE, AND GROUNDWATER SUPPLY; AND
(C) MANAGING AND ENHANCING THE HEALTHY CYCLING OF NITROGEN AND PHOS-
PHORUS WITHIN FIELDS, TO MINIMIZE NUTRIENT RUNOFF AND REDUCE DOWNSTREAM
NUTRIENT LOADING, IMPROVE WATERSHED HEALTH AND RELIABLE WATER AVAILABIL-
ITY, RESTORE AND ENHANCE WILDLIFE HABITAT, AND MANAGE WATER RUNOFF AND
DRAINAGE WATER FOR IMPROVED LOCAL AND DOWNSTREAM WATER QUALITY.
THE PROGRAM MAY ALSO INCLUDE, BUT NOT BE LIMITED TO: THE TRAINING OF
SOIL HEALTH MANAGEMENT EXPERTS WHO CAN PROVIDE EXPERTISE TO OTHER FARM-
ERS; FINANCIAL ASSISTANCE, WITHIN FUNDS AVAILABLE, TO SOIL AND WATER
CONSERVATION DISTRICTS; OTHER INCENTIVES FOR PROGRAM PARTICIPATION; AND
EVALUATION OF THE PROGRAM AND PROJECTS TO ASSESS EFFECTIVENESS. THE
DEPARTMENT, IN THE DEVELOPMENT OF THE PROGRAM OR ANY SIGNIFICANT CHANGE
TO THE ESTABLISHED PROGRAM, SHALL CONSULT WITH ONE OR MORE OF THE
FOLLOWING ORGANIZATIONS, AS APPROPRIATE: THE SOIL AND WATER CONSERVATION
COMMITTEE, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND ORGANIZA-
TIONS REPRESENTING FARMERS, FARMLAND PRESERVATION, ENVIRONMENTAL
PROTECTION, FORESTRY, THE UNITED STATES DEPARTMENT OF AGRICULTURE'S
NATIONAL RESOURCES CONSERVATION SERVICES, THE NEW YORK STATE COLLEGE OF
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AGRICULTURE AND LIFE SCIENCES ESTABLISHED IN SECTION FIFTY-SEVEN HUNDRED
TWELVE OF THE EDUCATION LAW INCLUDING CORNELL COOPERATIVE EXTENSION,
OTHER INSTITUTIONS OF HIGHER EDUCATION WORKING ON SOIL HEALTH, AND ANY
OTHER ORGANIZATION DESIGNATED BY THE COMMISSIONER.
3. SUBJECT TO THE AVAILABILITY OF FUNDING, THE DEPARTMENT, IN COOPER-
ATION WITH THE SOIL AND WATER CONSERVATION COMMITTEE AND DISTRICTS,
SHALL MAKE GRANTS, AND INCENTIVES TO FARMERS, FORESTERS AND AGRICULTURAL
COOPERATIVES TO ENHANCE THE EDUCATION, TRAINING, EMPLOYMENT, INCOME,
PRODUCTIVITY AND RETENTION OF THOSE WORKING OR ASPIRING TO WORK IN THE
FIELD OF SOIL HEALTH PRACTICES AND TO IMPLEMENT SOIL HEALTH PRACTICES IN
THE STATE AND PROVIDE TECHNICAL SUPPORT IN IMPLEMENTING SUCH PRACTICES.
AMOUNTS CREDITED TO THE SOIL HEALTH FUND SHALL ALSO BE USED, WITHOUT
FURTHER APPROPRIATION, FOR THE COSTS ASSOCIATED WITH ADMINISTERING AND
IMPLEMENTING THE PROGRAM AND MAY ALSO BE USED TO PROVIDE GRANTS ON A
COMPETITIVE BASIS TO PUBLIC, PRIVATE AND CHARITABLE ENTITIES TO FINANCE
PROJECTS IN FURTHERANCE OF THE SOIL HEALTH PROGRAM. THE PROGRAM SHALL
ESTABLISH A STATEWIDE NETWORK OF EXPERTS OR PEER LEADERS TO PROMOTE SOIL
HEALTH STEWARDSHIP AND TRAINING, WHERE SUCH EXPERTS OR LEADERS ARE LAND
MANAGERS IDENTIFIED FOR THEIR EXCELLENCE IN APPLYING AND PROMOTING SOIL
HEALTH PRINCIPLES, AS MODELED BY A SIMILAR PROGRAM OF A NATIONAL ASSOCI-
ATION OF CONSERVATION DISTRICTS. THE PROGRAM SHALL BE DESIGNED TO PRIOR-
ITIZE INCENTIVES TO BEGINNING AND SOCIALLY DISADVANTAGED FARMERS AND
RANCHERS, AS DEFINED BY 7 U.S.C. §2279(A). UP TO FIVE PERCENT OF FUND-
ING, UNLESS OTHERWISE RESTRICTED, MAY BE USED FOR RESEARCH IN SOIL
HEALTH AND SOIL HEALTH MEASUREMENT. UP TO FIVE PERCENT OF FUNDING,
UNLESS OTHERWISE RESTRICTED, MAY BE USED FOR ADMINISTRATIVE AND OVERHEAD
EXPENSES OF THE DEPARTMENT. EXPENDITURES FOR THIS PURPOSE SHALL COMPLE-
MENT AND NOT REPLACE EXISTING LOCAL, STATE, PRIVATE OR FEDERAL FUNDING
FOR RELATED PROGRAMS.
4. THE DEPARTMENT, IN CONJUNCTION WITH THE STATE SOIL AND WATER
CONSERVATION COMMITTEE, SHALL REPORT ANNUALLY TO THE GOVERNOR, THE
LEGISLATURE AND PARTICIPATING AGENCIES ON THE PROGRESS OF THE SOIL
HEALTH PROGRAM, INCLUDING AN ASSESSMENT OF PROGRAM EFFECTIVENESS IN
ACHIEVING PROGRAM OBJECTIVES, PUBLIC AND PRIVATE PROGRAM PARTICIPATION,
AND SUCH OTHER INFORMATION AS THE DEPARTMENT AND THE COMMITTEE DEEM
APPROPRIATE. THE REPORT SHALL INCLUDE RECEIPTS, EXPENDITURES, AND
ACTIVITIES FUNDED THROUGH THE PROGRAM. THE REPORT SHALL INCLUDE INFORMA-
TION REGARDING THE PROGRAM AND THE RESULTS OF ACTIVITIES, INCLUDING
DEMONSTRATED PROGRESS TOWARD MEETING THE TIMETABLE FOR ACHIEVING SPECIF-
IC GOALS FOR LAND AREA MANAGED FOR SOIL HEALTH AND WATERSHED HEALTH, AND
MEASURABLE IMPROVEMENTS TO SOIL AND WATERSHED HEALTH WHICH HAVE BEEN SET
BY THE COMMITTEE.
5. THE DEPARTMENT IS EMPOWERED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AND TO PRESCRIBE SUCH FORMS AS IT SHALL DEEM NECESSARY TO EFFEC-
TUATE THE PURPOSES OF THIS SECTION.
§ 151-N. CLIMATE RESILIENT FARMING PROGRAM. 1. THERE IS HEREBY ESTAB-
LISHED WITHIN THE DEPARTMENT A CLIMATE RESILIENT FARMING PROGRAM TO
REDUCE THE EFFECTS OF FARMING ON CLIMATE CHANGE AND ASSIST FARMERS IN
MITIGATING THE IMPACT OF CLIMATE CHANGE. THE PROGRAM MAY ALSO INCLUDE:
FINANCIAL ASSISTANCE WITHIN FUNDS AVAILABLE, TO SOIL AND WATER CONSERVA-
TION DISTRICTS; OTHER INCENTIVES FOR PROGRAM PARTICIPATION; AND EVALU-
ATION OF THE PROGRAM AND PROJECTS TO ASSESS EFFECTIVENESS.
2. SUBJECT TO THE AVAILABILITY OF FUNDS, A MATCHING GRANTS PROGRAM IS
ESTABLISHED TO FUND PROJECTS WHICH MITIGATE GREENHOUSE GAS EMISSIONS ON
FARMLAND OR PROMOTE THE ADAPTATION OF FARMLAND TO PROJECTED CLIMATE
CHANGE IMPACTS.
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3. PROJECTS SHALL BE INTEGRATED WITHIN THE FRAMEWORK OF THE AGRICUL-
TURAL ENVIRONMENTAL MANAGEMENT PROGRAM ESTABLISHED IN ARTICLE ELEVEN-A
OF THIS CHAPTER AND SECTION ELEVEN OF THE SOIL AND WATER CONSERVATION
DISTRICTS LAW AND THE SOIL HEALTH PROGRAM ESTABLISHED IN SECTION ONE
HUNDRED FIFTY-ONE-M OF THIS ARTICLE.
4. PROJECT APPLICANTS ARE THE SOIL AND WATER CONSERVATION DISTRICT OR
A GROUP OF SOIL AND WATER CONSERVATION DISTRICTS ACTING AS A REGION.
5. STATE ASSISTANCE MAY BE PROVIDED FOR UP TO SEVENTY-FIVE PERCENT OF
THE ELIGIBLE PROJECT COSTS, WITH THE DISTRICTS PROVIDING DOCUMENTATION
OF MATCHING FUNDS OR IN-KIND CONTRIBUTIONS TO MEET THE MATCHING REQUIRE-
MENTS.
6. PROJECTS SHALL INCORPORATE BEST MANAGEMENT PRACTICES FOR CLIMATE
AND SOIL RESILIENCY, AS INFORMED BY THE UNITED STATES DEPARTMENT OF
AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE FIELD OFFICE TECHNI-
CAL GUIDE AND BY RESEARCH CONDUCTED BY NEW YORK STATE INSTITUTIONS OF
HIGHER EDUCATION WITH EXPERTISE IN SOIL HEALTH AND APPROVED BY THE NEW
YORK STATE SOIL AND WATER CONSERVATION BOARD.
7. PROJECTS SHALL BE APPROVED IN THREE CATEGORIES, WITH ADDITIONAL
AREAS TO BE ADDED AS DESIGNATED BY THE COMMISSIONER TO REFLECT EMERGING
CLIMATE SCIENCE RESEARCH:
A. PROJECTS TO REDUCE METHANE EMISSIONS ON LIVESTOCK FARMS WITH AN
EMPHASIS ON DIETARY CHANGES AND MANURE HANDLING SYSTEMS;
B. PROJECTS TO IMPLEMENT WATER MANAGEMENT SYSTEMS ON FARMLAND FOR THE
PURPOSES OF MITIGATING CLIMATE CONSEQUENCES OF INCREASED RAINFALL AND
SOIL MOISTURE AS WELL AS INCREASED DROUGHT CONDITIONS; AND
C. PROJECTS TO ENCOURAGE SOIL HEALTH AND RESILIENCY INCLUDING BUT NOT
LIMITED TO PROMOTING COVER CROPPING, NO-TILL ADOPTION, BIOCHAR INCORPO-
RATION, CARBON SINKS AND NITROUS OXIDE EMISSIONS REDUCTION.
8. THE DEPARTMENT, IN CONJUNCTION WITH THE STATE SOIL AND WATER
CONSERVATION COMMITTEE, SHALL REPORT ANNUALLY TO THE GOVERNOR, THE
LEGISLATURE AND PARTICIPATING AGENCIES ON THE PROGRESS OF THE CLIMATE
RESILIENT FARMING PROGRAM, INCLUDING AN ASSESSMENT OF PROGRAM EFFECTIVE-
NESS IN ACHIEVING PROGRAM OBJECTIVES, PUBLIC AND PRIVATE PROGRAM PARTIC-
IPATION, AND SUCH OTHER INFORMATION AS THE DEPARTMENT AND THE COMMITTEE
DEEM APPROPRIATE. THE REPORT SHALL INCLUDE RECEIPTS, EXPENDITURES, AND
ACTIVITIES FUNDED THROUGH THE PROGRAM. THE REPORT SHALL INCLUDE INFORMA-
TION REGARDING THE PROGRAM AND THE RESULTS OF ACTIVITIES, INCLUDING
DEMONSTRATED PROGRESS TOWARD MEETING THE TIMETABLE FOR ACHIEVING THE
SPECIFIC GOALS SET BY THE COMMISSIONER.
9. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMULGATE RULES AND
REGULATIONS NECESSARY TO IMPLEMENT THE CLIMATE RESILIENT FARMING
PROGRAM.
§ 151-O. SOIL HEALTH PARTNERSHIP AND RESEARCH FRAMEWORK. SUBJECT TO
THE AVAILABILITY OF FUNDS, THE COMMISSIONER, IN COOPERATION WITH A NEW
YORK STATE INSTITUTION OF HIGHER EDUCATION WITH EXPERTISE IN SOIL
HEALTH, SHALL DEVELOP AND IMPLEMENT A SOIL HEALTH PARTNERSHIP AND
RESEARCH FRAMEWORK WITH GOALS TO:
1. CONTINUE ACCELERATING THE PERCENTAGE OF FARMERS WHO ACTIVELY
UTILIZE BEST MANAGEMENT PRACTICES TO FOSTER SOIL HEALTH AND RESILIENCY;
2. PROVIDE NECESSARY RESEARCH AND TRAINING PROGRAMS TO INFORM OUR
SCIENTIFIC UNDERSTANDING OF SOIL HEALTH AND CARBON SEQUESTRATION WITH
VARIOUS FARMING PRACTICES, INCLUDING BUT NOT LIMITED TO NO-TILL, COVER
CROPPING, MANAGED GRAZING, PERENNIAL PASTURE, AND PRECISE APPLICATION OF
ADDED NUTRIENTS TO ACHIEVE NITROUS OXIDE EMISSIONS REDUCTION, AND
INCLUDING BUT NOT LIMITED TO RESEARCH ON MEASURING SOIL ORGANIC MATTER
AND ON LONG-TERM SOIL HEALTH OUTCOMES; AND
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3. ESTABLISH A COLLABORATIVE PARTNERSHIP OF STATE, FEDERAL, FARMERS,
NATURAL RESOURCE PROFESSIONALS AND COMMUNITY STAKEHOLDERS AROUND SOIL
HEALTH AND RESILIENCY AND CLIMATE ADAPTATION, RESILIENCE AND MITIGATION.
§ 3. The state finance law is amended by adding a new section 99-ii to
read as follows:
§ 99-II. SOIL HEALTH FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF AGRICULTURE AND
MARKETS A FUND TO BE KNOWN AS THE "SOIL HEALTH FUND".
2. SUCH FUND SHALL CONSIST OF: (A) ANY MONEYS APPROPRIATED AND MADE
AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUND; (B) NOTWITHSTAND-
ING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW, ANY
MONEYS WHICH THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL RECEIVE IN
REPAYMENT OF ADVANCES MADE FROM SUCH FUND; AND (C) ANY OTHER MONEYS
WHICH MAY BE MADE AVAILABLE TO THE DEPARTMENT OF AGRICULTURE AND MARKETS
FOR THE PURPOSE OF SUCH FUND FROM ANY OTHER SOURCE OR SOURCES.
§ 4. Subdivision 2 of section 2 of the soil and water conservation
districts law is renumbered subdivision 3 and a new subdivision 2 is
added to read as follows:
(2) PROMOTION OF SOIL HEALTH AND RESILIENCY. IT IS FURTHER DECLARED
THE POLICY OF THE LEGISLATURE TO PROMOTE THE HEALTH AND RESILIENCY OF
NEW YORK'S AGRICULTURAL SOILS, INCLUDING THE BIOLOGICAL, PHYSICAL, AND
CHEMICAL COMPONENTS OF SUCH SOILS, TO SUSTAIN AGRICULTURAL PLANTS AND
ANIMALS, PRODUCE A HEALTHY, AFFORDABLE FOOD SUPPLY, REDUCE THE EFFECTS
OF FARMING ON CLIMATE CHANGE AND MITIGATE THE IMPACT OF CLIMATE CHANGE
ON FARMING, AND FURTHER PROTECT AND PROMOTE NATURAL RESOURCES AND THE
HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THIS STATE.
§ 5. Paragraph i of subdivision 4 of section 4 of the soil and water
conservation districts law, as added by chapter 136 of the laws of 2000,
is amended and a new paragraph j is added to read as follows:
i. To coordinate and approve the participation of the several
districts in the AEM program as set forth in article eleven-A of the
agriculture and markets law[.];
J. TO COORDINATE AND APPROVE THE PARTICIPATION OF THE SEVERAL
DISTRICTS IN THE SOIL HEALTH AND CLIMATE RESILIENCY PROGRAM AS SET FORTH
IN ARTICLE ELEVEN-B OF THE AGRICULTURE AND MARKETS LAW.
§ 6. This act shall take effect July 1, 2021.