26 out of 50 states

Of these 27 states, all create or empower state agencies to create soil health programs with incentives for implementation, except: Hawaii (in 2022 legislation passed to create program, but vetoed), and Nebraska (technical, training and legal assistance program, but not incentives)

List of states that have created state agencies

Note that though many of these states empower state agencies to create soil health programs, there are efforts to pass legislation to put such programs in state statutes and to establish reliable funding for those programs. Of the bills filed in 2023, the bills in 9 states (Hawaii, Iowa, Illinois, Kentucky, Michigan, Montana, New Jersey, Nevada, and Oregon) create a soil health program or add soil health to existing programs.  Also, Kansas has effectively created and is funding the Kansas Soil Health Initiative in the annual budget, but has not yet established the program in statute.