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Colorado Healthy Soil Policy

Legislative Status Update

Updates in 2023

SB092 [LS] Agricultural producers use of agrivoltaics; includes “minimize negative environmental impacts of photovoltaic energy production facilities on soil health…” – signed and enacted 5/18/2023

SB191 [LS] Colorado Department Of Public Health And Environment Organics Diversion Study; includes “diversion practices…in the case of compost, build healthy soils…” – signed and enacted 5/17/2023

Updates in 2022

SB138 [LS], Reduce Greenhouse Gas Emissions In Colorado, includes “cover cropping for soil health” under definition for “agrivoltaics” – stalled

Updates in 2021

SB21-235, stimulus funding for the soil health program and ACRE3 — passed June 3rd, signed into law 6/15/2021

HB21-1181, Creation of a Voluntary Soil Health Program — passed 6/7/2021, signed into law 6/21/2021

HB21-1180, Concerning measures to increase biomass utilization throughout the state; includes improving soil health — passed 5/21/2021, signed into law 7/7/2021

Voluntary Soil Health Program

Dates:

  • Introduced March 4, 2021
  • Passed June 7, 2021
  • Signed into law June 21, 2021

Legislation:

HB21-1181

Sponsors: 

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 Definition:

“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:

N/A

Funding Source:

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: 

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.”

Agencies Involved:

Rule Making process:

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

State Universities & Researchers:

Agricultural Organizations & Technical Assistance:

Education & Advocacy Groups:

Colorado’s Soil Health Program was developed with extensive feedback from the community through a process facilitated by the Colorado Collaborative for Healthy Soils (CCHS). The Collaborative is a forum for producers, researchers, service providers, and policymakers to come together to consider the best path forward for soil health policies and programs in Colorado. The Collaborative is open to new members and is seeking a broad mix of voices to represent the full range of Colorado farms and ranches. For more information, or to join the google group and listserv, contact soilhealthco@gmail.com.

Current members include:

Lessons Learned:

  • 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!

Media:

Stimulus Funding Department Of Agriculture Efficiency Programs

Dates:

  • Passed June 3rd, 2021
  • Signed into law on June 15th, 2021

Legislation: 

SB21-235

Sponsors:

Description:

The bill authorizes a one-time transfer of $3 million from the general fund to augment the department of agriculture’s Advancing Colorado’s Renewable Energy and Energy Efficiency (ACRE 3) program. This appropriation includes $2 million to the conservation services division within the department of agriculture for the purpose of administering voluntary soil health programs. Of this amount, the department is directed to expend at least $1 million in grants to conservation districts.

Soil Health Definition:

N/A

Stated Goals:

The bill lists ecological and economical benefits of soil health and states that “Supporting voluntary soil health, renewable energy, and energy efficiency projects is vital to a strong and prosperous future for Colorado’s food and agricultural industry”.

Program Required Measurements:

N/A

Tools: 

N/A

Funding Source:

This is a one-time appropriation from the agriculture value-added cash fund.

Funding Type:

Grants to conservation districts

Practices eligible for funding: 

N/A

Agencies Involved:

Rule Making process:

N/A

State Universities & Researchers: 

N/A

Agricultural Organizations & Technical Assistance:

Education & Advocacy Groups:

The Colorado Collaborative for Healthy Soils (CCHS) works to support the development of statewide policy and technical assistance framework that will build upon existing efforts to improve soil health on working lands. The Collaborative is open to new members and is seeking a broad mix of voices to represent the full range of Colorado farms and ranches. For more information, or to join the google group and listserv, contact Phil Taylor by email, philip@madagriculture.org.

Lessons Learned:

N/A

Media:

BIPARTISAN AGRICULTURE STIMULUS BILLS ADVANCE UNANIMOUSLY, Colorado House Democrats, May 27, 2021

_________________________________________________________________________

NOT PASSED: Healthy Soils Task Force 

Died in Water Resources Review Committee.

Dates:

August 2018 

Legislation:

Interim Committee Bill 10 

Sponsor/s: 

No prime sponsor 

Description:

The Interim Committee Bill 10 would create a Healthy Soil Task Force with direction to prepare and publish recommendations on how to improve soil health in Colorado. The Bill specifically called for nine members to be on the Task Force and articulated the selection process. Bill 10 required the Task Force to establish healthy soil benchmarks, identify agricultural activities, policies, and best practices for Colorado.  The Task Force must provide a report of its findings and recommendations to the state legislature by December 31, 2023. 

There is no funding required or requested for the Bill as is. The members of the task force will not be compensated or reimbursed for their expenses and any financial support from the Colorado Department of Agriculture must be made within the department’s existing budget.

Soil Health Definition:

“Soil with an enhanced and continued capacity to a) function as a biological system; b) hold water, nutrients and organic matter; c) maintain soil structure” 

Stated Goals:

  • Work with public and private stakeholders to establish healthy soil benchmarks for improving soil health in Colorado
  • Identify appropriate criteria to measure baseline levels and improvements in soil health
  • Identify agricultural activities, policies, and best practices
  • Identify agricultural practices that improve soil health
  • Teach, support, and promote the use of these agricultural practices
  • Develop statewide policies that support the implementation of these practices 

Program Required Measurements:

  • N/A

Tools & Guidance: 

  • N/A

Funding Source/s:

  • No additional funding was requested 

Funding Type/s:  

  • N/A

Practices Eligible for Funding: 

  • N/A

Agencies Involved:

Rule Making Process:

  • To be determined

State Universities & Researchers: 

Agricultural Organizations & Technical Assistance:

Education & Advocacy Groups

Lessons Learned:

N/A

Resources

Last Update01/12/2024

Questions?

Contact Max Neumeyer, CO-CEWL, at Colorado@healthysoilspolicy.org