Date:

Introduced March 4, 2021.

Passed June 7, 2021.

Signed into law June 21, 2021

Legislation:

HB21-1181

Sponsors:

Representative Karen McCormick

Representative Perry Will

Senator Cleave Simpson

Senator Faith Winter

Agencies Involved:

Colorado Department of Agriculture

Conservation Services Division

State’s Rule Making Processes:

The Department of Agriculture is tasked with developing and administering the program, with input from the advisory committee.

Description:

HB21-1181 “Concerning the Creation of a Voluntary Soil Health Program” was signed into law by Governor Jared Polis on June 21, 2021. This legislation gives Colorado Department of Agriculture (CDA) authority to launch a soil health program and sets up a state advisory board to oversee it. CDA also received $2 million in state stimulus funding to launch the program in its first year. This programming includes capacity funding for conservation districts to provide technical assistance, incentive payments for producers trying out new practices for the first time, free soil health testing, education and demonstration, and soil health research to investigate the connection between water availability outcomes and soil health practices. CDA is also bringing the Saving Tomorrow’s Agricultural Resources (STAR) program to a Colorado. STAR is a practice-based rating system that can structure conversations about soil health and provide a market signal for food grown regeneratively.

The act creates the voluntary Colorado Soil Health Program administered by the Department of Agriculture. The main component is a grant program for eligible entities, including agricultural producers, Native-American tribes, nonprofit organizations, research institutions, conservation districts and acequia or ditch corporations. In addition, the department is tasked with offering soil health testing, developing a system to monitor the environmental or economic benefits of soil health, and establishing a state soil health inventory.

The Commissioner of Agriculture appoints a soil health advisory committee with a minimum of a nine members representative of the state’s geographic areas, political and demographic diversity, including farmers and ranchers experienced in various production systems. The advisory committee assists in the development of the soil health program and makes recommendations for implementation or improvements to the department. The committee is also authorized to solicit input regarding the program, review proposals and agreements, and approve grants.

Soil Health Definitions:

“Soil Health” means the continued capacity of soil to function as a living ecosystem that sustains plants, animals and humans.

Stated Goals:

The goal of the Colorado Soil Health Program is “to encourage widespread adoption of soil health practices by agricultural producers, promote environmental benefits, and advance the understanding of the environmental and economic benefits of soil health practices.”

Program Required Measurements:

The department will develop monitoring and oversight procedures for the Soil Health Program.

Tools & Guidance:

N/A

Founding Source/s:

The program is funded through the general fund. For the 2021-22 fiscal year, $4,464 has been appropriated to the Department of Agriculture to implement the program in addition to a $2M one-time allocation of federal stimulus funding (see Stimulus Funding Department Of Agriculture Efficiency Programs). The department can also accept gifts, grants, or donations from public and private sources. Federal funds may be used as a match.

Along with the stimulus funds covering the first year of the soil health program, the soil health program was awarded an EPA Section 319 Nonpoint Source Pollution grant. We have also applied for National Fish and Wildlife Foundation Conservation Partners Program grant funding and a Federal Conservation Innovation grant. The funding decisions for these grants will be announced in August and October, respectively. The CPP grant would expand the pilot program to four districts within the Republican River watershed; the Federal CIG would expand the program statewide to include 16 conservation districts and 4 other eligible entities.

Funding Type/s:

The department will provide grants, loans, and other resources to fund demonstration projects, education or research.

Practices Eligible for Funding:

The act defines soil health practices as “practices that may contribute to soil health” or apply one of the 5 soil health principles: “(a) maximizing soil cover; (b) reducing soil disturbance; (c) maximizing biodiversity; (d) maintaining a continual live plant or root in the soil; or (e) integrating best grazing livestock practices.”

Make sure to get all the right people in the room before deciding on a direction for the policy: producers and groups that represent producers as well as grower groups, state agencies, land grant universities and researchers, and nonprofits that associate with working lands. Central to this coalition is a producer-led effort, including organizations working on behalf of producers.

Important to have organizational capacity to take on leadership and provide someone with the ability to spend a significant amount of time working on policy and coalition building. 

Focusing on voluntary, incentive based programming instead of pursuing mandates!

Having a big enough coalition and not coming across as adversarial allows groups on the fence to stay neutral instead of being in opposition.

Importance of working through existing infrastructure → the Colorado Healthy Soil Program works with the Conservation Districts, providing support for them through unrestricted funding without a match requirement. While initially not all districts might be equally enthusiastic or have capacity to pursue applying for the new program, once awarded funds can be spent in whatever way makes most sense per district, including on capacity building and hiring an employee for example.

One goal of the program is to create a gateway to other existing funding opportunities by providing technical and financial support for three years to try out new soil health practices. After that time, producers might be ready to apply for USDA/NRCS funding for example.

Consider working with existing programming in other states, e.g. NACD’s Soil Health Champions or the STAR Program.

Getting scientists and researchers in the same room as producers can be really powerful to address research needs, e.g. figuring out soil health measurements. It also helped to get momentum.

Leadership in the Dept. of Agriculture was central to the success of the policy. In an unconventional partnership, the department was open to having the coalition decide the shape of the program, while working closely together. Cindy Lair, Program Manager for  the Colorado State Conservation Board in the Department of Agriculture was a key partner.

The success of the program depends on finding willing and enthusiastic partners and investing in them, including the Conservation Districts, NGOs and the State Conservation Board. Collaboration is essential!