Accept the findings and recommendations of the Healthy Soils Task Force submitted to the Governor and the Agriculture Committee

Date:

1/7/2021 Introduced
5/21/2021 Passed the Nebraska Unicameral Legislature unanimously 39-0
5/27/2021 Signed by the President/Speaker

Legislation:

LR5

Sponsors:

Senator Tim Gragert 

Agencies Involved:

• Nebraska Department of Agriculture (NDA)
• Department of Natural Resources
• Other state agencies

Rule Making Processes:

N/A

Description:

This resolution acknowledges the report, findings, and recommendations of the Healthy Soils Task Force, which was created in 2019. The task force submitted their report, entitled Soil Health for Nebraska Wealth, to the Governor and the Agriculture Committee on December 31, 2020. 

The resolution asks the Legislature to formally accept the report, and its findings and recommendations. It reiterates that the Legislature supports and encourages a voluntary grassroots effort to protect and enhance Nebraska soils and requests that the Legislature encourage state agencies to assist in these efforts.

The resolution recommends the creation of a Healthy Soils Initiative in Nebraska, stating that “a permanent healthy soils initiative and a central hub providing a single point of contact would benefit Nebraska and increase coordination, collaboration, and communication relating to soil-health advancement.”

Soil Health Definitions:

N/A

Stated Goals:

The resolution expresses the Legislature’s intent “to accelerate means to protect and enhance Nebraska’s soil and receive the benefits described in the report from the Healthy Soils Task Force”. 

It also mentions being “proactive in addressing key agronomic and environmental issues that Nebraska might avoid the strict mandates and regulations found in other states”.

Program Required Measurements:

N/A

Tools & Guidance:

N/A

Founding Source/s:

N/A

Funding Type/s:

The resolution is focused on supporting “voluntary grassroots efforts”.

Practices Eligible for Funding:

N/A

N/A

Date:

April 2019

Legislation:

LB 243: Create the Healthy Soils Task Force and Add a Use for a Fund

Sponsors:

Senator Tim Gragert

Agencies Involved:

The Task Force is housed within the Nebraska Department of Agriculture (NDA). Additional support will be provided by other state and federal agencies as necessary including:

• Farm Service Agency
• Natural Resources Conservation Service
• USDA Agricultural Research Service

Rule Making Processes:

The Task Force will determine goals and timelines

Description:

Legislative Bill 243 creates a Healthy Soils Task Force with a mandate to develop a statewide healthy soils initiative and action plan. 

This statewide initiative involves setting standards and goals, creating measurements, and providing the resources required for the implementation of healthy soil practices as determined by the Task Force. The Bill sets requirements for Task Force member eligibility.

The Task Force produced a report of its findings and recommendations (Nebraska Healthy Soils Task Force final report) and disbanded in 2020. In addition, it created the Fertilizers and Soil Conditioners Administrative Fund (generated through previously installed fertilizer and lime taxes) to fund and support the Task Force. It will be housed in the Nebraska Department of Agriculture (NDA).

Soil Health Definitions:

“Improving soil health means increasing soil’s organic matter and diversifying its microbial activity to enhance agricultural productivity and environmental resilience.”

Stated Goals:

To capitalize on the economic and production benefits of improved soil health, while simultaneously improving surface and groundwater quality, capturing carbon, building resilience to drought and pests, reducing greenhouse gas emissions, expanding pollinator and other wildlife habitats, and protecting fragile ecosystems for a more sustainable future

Program Required Measurements:

• Organic matter
• Biological activity
• Biological diversity
• Soil structure 

Tools & Guidance:

The Task Force will develop them over 2020.

Founding Source/s:

Fertilizers and Soil Conditioners Administrative Fund (revenue from fertilizer and lime amendments taxes)

Funding Type/s:

To create and support the Task Force (i.e. reimbursing members for their expenses)

Practices Eligible for Funding:

N/A

• It was vital to this process to think through the various types of stakeholders active in Nebraska to ensure an inclusive coalition of supporters in conversation and policy development. Doing so generated broad support of the Task Force among all the groups and agencies selected to be involved and prevented political fights in the legislature. 
• Educating legislators is key to success, and bringing all involved stakeholders to the table, including voters. Members of the State House need to understand what they are being asked to vote for and the many benefits of soil health. 
• A strong champion (Senator Gregert) for the bill was critical to shepherding it through the legislature and building support.
• Advocates of the Bill expect that it will provide the necessary base for future policy to pass. 

Date:

Introduced 2019

Legislation:

LB 729 

Sponsors:

Introduced by Senator Lynne Walz

Agencies Involved:

Nebraska Department of Agriculture (NDA)

Rule Making Processes:

Farmers would be required to apply through the NDA

Description:

Legislative Bill 729 aims to provide incentives for farmers to plant diverse cover crops in order to improve soil health, productivity, increase yield and profitability, and improve degraded waterways. 

It divides the state into four zones based on proximity to a watershed and establishes a timeline for when the funds would be made available to the different zones. The intent is to prioritize watersheds with high nitrate runoff and farms within 2.5 miles of a waterway. Funds would have likely come from the General Fund and been distributed by the Nebraska Department of Agriculture (NDA). The bill specifies the dollar value per practice and sets a cap on the amount any one entity can receive at $45,000. 

Bill Status: The bill was held in committee but remains eligible in the 2020 legislative session. Requires a legislative champion in the Agriculture Committee to move it out of committee and be voted on.

Soil Health Definitions:

As defined by the NRCS, “…  the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans”  Soil Health Page for NRCS Nebraska 

Stated Goals:

• To improve soil health and productivity throughout the state through the planting of diverse cover crops
• To incentivize farmers to plant cover crops
• To increase farmer yields and profitability through improved soil health farming practices 
• To improve degraded waterways to protect the public’s health through increased water filtration with the application of cover crops.

Program Required Measurements:

Metrics not finalized 

Tools & Guidance:

Tools not finalized

Founding Source/s:

Expected to come from the General Fund based on the Legislative Fiscal Analyst Estimate 

Funding Type/s:

Incentives program

Practices Eligible for Funding:

Single species or multi-species cover crop

$20 per acre for single-species cover crops 

$45 per acre for multi-species cover crops

• This Bill would have required significant funding from the State at a time when the General Fund was over allocated. This made it much harder for people to agree on and support the components of the Bill. 
• There are several entities that run similar programs (for example NRD, Game and Park, and the Federal government); this made the bill redundant. Future bills should seek to work within and expand upon existing infrastructure. 
• Because of the funding issue, advocacy organizations chose to throw their weight behind bills that were more likely to get through.

Date:

Implemented 1999

Last revised December, 2017

Legislation:

Noxious Weed Control Act (Title 25, Chapter 10, Nebraska Administrative Code): Regulation on how the buffer strips are maintained 

Buffer Strip Act (Title 25, Chapter 4, Nebraska Administrative Code): Provides rules and regulations 

Sponsors:

N/A

Agencies Involved:

Nebraska Department of Agriculture (NDA)

Rule Making Processes:

Program is administered by NDA and local natural resource districts 

• The minimum width is 20 feet and the maximum width is 120 feet for filter strips 
• The minimum width is 55 feet and the maximum width is 180 feet for riparian forest buffer strips 

Description:

The Buffer Strip Program was created to improve water quality in the State through filtering agrichemicals such as fertilizers and pesticides before they enter the waterways. 

The program pays landowners for using buffer strips in cropland adjacent to perennial and seasonal streams, ponds, and wetlands. These buffers add a layer of protection between cropland and waterways to filter sediment and agrichemicals such as fertilizers and pesticides. Funding is given on a first-come, first-served basis and can be used with the USDA Conservation Reserve Program (CRP), or the Conservation Reserve Enhancement Program (CREP). Payments for the buffer strip can vary from $20 to $250 per acre, but no payment can exceed $250 per acre. 

The funding used so far has been generated from fees assessed on registered pesticides. The program is administered through the Nebraska Department of Agriculture (NDA) and the Nebraska Natural Resources Districts

Soil Health Definitions:

N/A

Stated Goals:

To filter agrichemicals such as fertilizers and pesticides before they enter waterways

To improve the overall water quality in the state

Program Required Measurements:

Enrolled land is subject to compliance checks by NRD and/or NDA staff

Tools & Guidance:

Guidelines for conservation buffers provided by the USDA

Support by the farmer’s local Natural Resources District and/or USDA Natural Resources Conservation Service office

Founding Source/s:

The funding used so far has been generated from fees assessed on registered pesticides.

Funding Type/s:

This is an Incentive program.  

Practices Eligible for Funding:

• Buffer filter strips (narrow strips of grass)
• Buffer riparian forest strips (trees and grass)

N/A

Date:

Introduced January 15, 2019

Legislation:

LB283

Sponsors:

Senator Patty Pansing Brooks 

Agencies Involved:

N/A

Rule Making Processes:

The action plan would be developed by the University of Nebraska and presented to the Governor.

Description:

LB 283 directs the University of Nebraska to develop an evidence-based, data-driven, strategic action plan to provide methods for adapting to and mitigating the impacts of climate change. 

The process for developing the action plan should include extensive opportunities for comment and engagement including, but not limited to, online input, public hearings, and public and private sector engagement. 

In addition, LB 283 directs the State Treasure to transfer up to $250,000 in total from the Waste Reduction and Recycling Incentive Fund to the University of Nebraska on or before December 15, 2020. The University will need to add part time staff to generate the plan and incur additional expense to manage external engagement.

On or before December 15, 2020, the University of Nebraska shall submit the action plan to the Governor and electronically to the Executive Board of the Legislative Council.

Soil Health Definitions:

N/A

Stated Goals:

Develop strategies to adapt to and mitigate the impacts of climate change on the Nebraska economy and the health and well-being of Nebraskans;

Minimize projected economic losses due to abnormal climate events in Nebraska;

Realize economic gains by Nebraskans taking appropriate adaptive and mitigative strategies, for example through improved improvements to soil health and water management, amongst others;

Assess climate change and its implications for Nebraskans.

Program Required Measurements:

 A baseline measurement of greenhouse gas emissions/state carbon footprint.

Tools & Guidance:

N/A

Founding Source/s:

The cost for this action plan is not to exceed $250,000 to be funded through the Waste Reduction and Recycling Incentive Fund.

Funding Type/s:

N/A

Practices Eligible for Funding:

N/A

N/A

House Committee:

Senate Committee:

University of Nebraska (land grant university)

Farm Service Agency 

Nebraska Natural Resources Conservation Service

Nebraska’s Natural Resources Districts (NRD)

The Soil Health Institute 

The Soil Health Partnership

USDA Agricultural Research Service

Nebraska Corn Growers were the main proponents of Buffer Strip Program

Nebraska Farmers Union 

Center for Rural Affairs 

Nebraska Association of Resource Districts (NARD)

Nebraska Farmers Union

Sierra Club – Nebraska Chapter

Omaha Together One Community

NE Climate Elder Legacy

Nebraska Wildlife Federation

The Nature Conservancy

Citizen Climate Lobby, NE Climate Caucus & Lincoln Chapter

Nebraskans for Peace

Buffer strip program offered via Upper Big Blue NRD (York News Times)