New York Policy Page

Table of Contents

Legislative Status Update

Updates in 2023

A02299/S01058 [LS/LS] Establishes the agrivoltaics viability pilot program within the farmland viability program – in committee upon adjournment

A02652 [LS] Establishes a Green New Deal for New York task force; includes “investing in sustainable farming and land use practices that increase soil health” – in committee at adjournment

A04911/S07081 [LS/LS] Establishes an agrivoltaics research program; includes “research that facilitates productive agrivoltaics across several different varieties of crops including research that enables understanding of agrivoltaics effects on soil health, soil carbon sequestration, erosion, water management, and specialty crop canopy management for enhanced climate resiliency” –signed by Governor 12/8/2023

A05919/S04270 [LS/LS] Tax credit for “carbon farming”; mentions soil health – passed Senate, in House at adjournment

A07264/S06955 [LS/LS] An Act to amend the general municipal law, in relation to the awarding of certain purchase contracts to purchase food; includes “preference shall be given to producers that adopt practices that contribute to improved soil health and increased carbon sequestration and storage, and that achieve net short-term and long-term greenhouse gas benefits” – passed Senate, in House at adjournment

K421 [LS] Memorializing Governor Kathy Hochul to proclaim May 7-13, 2023, as Compost Awareness Week in the State of New York; includes:

“WHEREAS, This year’s theme, “For Healthier Soil, Healthier Food…Compost!” was selected to highlight the overall regenerative agriculture movement and how compost and organics recycling fit into that process; and

WHEREAS, Soil plays an important role in our environment; healthy soil is at the heart of planetary, agricultural and human health;…”

– adopted 5/9/2023

Updates in 2022

S4707/A02042 [LS/LS], Carbon Farming bill – Senate version stalled in House committee

S1559/A7824 [LS/LS], Green New Deal for New York task force; includes soil health – stalled in committee

S7775/A8766 [LS/LS], Relates to the climate resilient farming initiative – Chapter amendment to 2021 A05386 soil health and climate resiliency act – signed into law 2/24/2022

A06566 [LS], Enacts and implements environmental bond act of 2021; includes “purchase of equipment for measuring and monitoring soil health and soil conditions”, and “costs associated with projects that reduce agricultural nutrient runoff and promote soil health…” – this bill stalled in committee, but language became part of the Environmental Bond Act of 2022 (law here) – approved by voters on 11/8/2022

S7534/A8580 [LS/LS], Provides that certain purchase contracts can be awarded to a qualified bidder who fulfills certain values based procurement standards when such bid is not more than 10% higher than the lowest responsible bidder and when the bidder makes publicly available data on where such bidder sources their food items; sets forth the criteria for values based procurement standards to include local economies, environmental sustainability, valued workforce, valued agricultural workforce, animal welfare, nutrition, and racial equity. “preference shall be given to producers that adopt practices that contribute to improved soil health and increased carbon sequestration and storage, and that achieve net short-term and long-term greenhouse gas benefits” – stalled in committee

Updates in 2021

A02042/S4707, Carbon Farming bill

S1559, Green New Deal for New York task force, includes soil health

A05386/S4722, soil health and climate resiliency act

A05386, soil health and climate resiliency act — passed 6/6/2021 and signed by Governor Hochul on 12/22/2021

Soil Health and Climate Resiliency Act

Dates:

02/16/2021 Introduced
05/25/2021 Passed Assembly unanimously
06/08/2021 Passed Senate

Legislation:

A05386/S4722

Sponsor/s:

Assemblywoman Donna A Lupardo
With co-sponsors Barrett, Kelles, Gallagher, Thiele, Otis, Gottfried, Simon, Sillitti, Glick, Lavine, Angelino, Davila, Zinerman, Jackson, Rosenthal L, Perry, Santabarbara, Buttenschon, Fahy, Griffin, Colton, Blankenbush, Norris

Description:

The Soil Health and Climate Resiliency Act establishes the voluntary Soil Health Initiative to encourage producers in urban, suburban and rural areas in improving the health of their soil.

It also establishes the Climate Resilient Farming Initiative in order to make available practical information and soil health research and encourage farmers to reduce the effects of farming on climate change. Addressing climate change adaptation and mitigation, the initiative strives to improve and maintain water management systems as well as soil health and farm resilience.

Soil Health Definition:

Soil health is defined as “soils that have the continuing capacity to function as a vital, living ecosystem that sustains plants, animals, and humans.”

The act also lists the benefits of soil health to include: “supporting the production of food, feed, fiber, and fuel; facilitating infiltration, storage and filtration of water and protecting water quality; enhanced nutrient-holding capacity and nutrient cycling; providing habitat for diverse soil organisms; enhanced resilience to drought, extreme precipitation events, temperature extremes, pests, diseases and other stresses; breaking down harmful chemicals; reducing agricultural impacts on, and mitigating the impact on agriculture of, global climate change; and sequestering carbon and net long-term greenhouse gas benefits.”

Stated Goals:

The Healthy Soil Initiative aims to

improve “long term soil productivity, efficiency, resiliency and profitability of farming”
ensure that “soil is conserved as a living ecosystem managed to provide nutrients for the growth of agricultural plants and animals and a healthy, affordable food supply”
and address agriculture’s impacts on climate change.

Program Required Measurements:

TBD: the act states that “standards should include soil quality indicators for biological, physical, and chemical properties of soil and reflect the latest scientific advancements.”

Tools:

N/A

Funding Source:

The act does not specify any funding.

Funding Type:

None specified.

Practices eligible for funding:

Eligible for funding are “agricultural and land management practices that improve the function of soils through actions that follow the principles of: minimizing soil disturbance from soil preparation; maximizing soil vegetation cover; maximizing the diversity of beneficial soil organisms; maximizing presence of living roots; and integrating animals into land management.”

Specifically listed are:

conservation tillage or no-till
cover-cropping
precision nitrogen and phosphorous application
planned rotational grazing
Integrated crop-livestock systems
Agroforestry
perennial crops
integrated pest management
nutrient best management practices.

Agencies Involved:

Rulemaking process:

The department is directed to solicit stakeholder input that includes the state Soil and Water Conservation Committee and USDA/NRCS as well as scientists and agricultural producers including historically marginalized producers, in order to develop voluntary standards and objectives for the program.

State Universities & Researchers:

Cornell University, New York Soil Health

Agricultural Organizations & Technical Assistance:

USDA/NRCS
USDA-Northeast Sustainable Agriculture Research and Education (NE SARE)

Education & Advocacy Groups:

A broad coalition of environmental and agricultural organizations, including Northeast Organic Farming Association of NY (NOFA-NY) and American Farmland Trust, supported the legislation.

Lessons Learned:

N/A

Media:

New York State Legislature Passes the Soil Health and Climate Resiliency Act, Cornell University Blog June 14, 2021

The Climate Resilient Farming Grant Program

Dates:

Passed October 9th, 2015. Part of Governor Cuomo’s 2015 Opportunity Agenda (no number)

Legislation:

Governor Andrew Cuomo’s 2015 Opportunity Agenda

Sponsor/s:

New York Governor

Description:

Governor Cuomo launched the Climate Resilient Farming Grant Program as part of his membership commitment to the United States Climate Alliance. It became the first statewide program that combines water and soil management approaches to create holistic on-farm climate adaptation development.

Through the Climate Resilient Farming Grant Program, County Soil and Water Conservation Districts apply for the competitive grants on behalf of farmers. Projects can focus on reducing carbon footprints, saving energy, improving soil health, increasing irrigation capacity and emphasizing water management to mitigate the effects of drought, as well as heavy rainfall and flooding, on crops and livestock. The program is administered by the New York State Department of Agriculture and Markets and funded through the New York State Environmental Protection Fund.

Soil Health Definition:

N/A

Stated Goals:

To reduce the impact of agriculture on climate change (mitigation) and to increase the resiliency of New York State farms in the face of a changing climate (adaptation).

Program Required Measurements:

Unknown

Tools & Guidance:

Funding Source/s:

2015-2016 New York State Environmental Protection Fund

Funding Type/s:

Grant program

Practices Eligible for Funding:

Applications must involve implementing practices supporting one of the following:
- Agricultural waste storage cover and flare systems
  - Waste Storage and Transfer System
  - Manure and Agricultural Waste Treatment System
  - Nutrient Management System – Cultural
- Water management
  - Riparian Buffer System
  - Stream Corridor and Shoreline Management System
  - Erosion Control System – Structural
  - Irrigation Water Management System
  - Access Control System
  - Prescribed Rotational Grazing System
- Systems that enhance soil health
  - Soil Conservation System – Cultural (Note: cover crop practices will be awarded on a per acre basis
  - for a three year term)
  - Erosion Control System – Structural
  - Prescribed Rotational Grazing System
  - Riparian Buffer System

Agencies Involved:

Rulemaking Process

The process occurs within the NY Agricultural Environmental Management framework (coordinated by Soil and Water Conservation Committee). County Soil and Water Conservation Districts apply for the competitive grants on behalf of farmers.

State Universities & Researchers:

Cornell University; Cornell Cooperative Extension: Land-grant university

Agricultural Organizations & Technical Assistance:

Education & Advocacy Groups

Lessons Learned

How it got through: Governor Cuomo became a member of the U.S. Climate Alliance, and statewide action followed his membership to ensure he included agricultural sectors in his climate planning. American Farmland Trust led the effort to write a statewide joint statement between main agricultural interest groups, which can be found in the letter above published by the Northeast Organic Farming Association (NOFA- NY), sent to send directly to Governor Cuomo. Strong support from the governor led to consistency in grant program funding from 2015-present.
Positive Attribute: The grant program, as an agricultural resilience State plan, takes a whole-ecosystem management approach: the program addresses the connection between rainwater retention, drought, and soil health, rather than approaching these two interconnected issues separately.
General lessons for grant programs:
Don’t hold grant applications during the growing season because farmers won’t have time to apply.
Small farms are often more economically efficient per acre in terms of environmental services and simultaneously often have a more difficult time acquiring upfront capital or labor for implementation

Media

Cornell collaborated on a New York Soil Health Roadmap to provide context of the current and potential impacts of healthy soil action in the state

Maps:

____________________________________________________________________________

NOT PASSED: The Carbon Farming Act

Dates:

First introduced as Assembly Bill A3281 in 2017-2018 legislative session.

Reintroduced as Assembly Bill A 02718 in the 2018-2019 legislative session

Legislation:

Assembly Bill A 02718

Sponsor/s:

Multi-Sponsored by:

Description:

The Bill would create a carbon farming pilot program to incentivize farmers to remove excess CO2 from the atmosphere and sequester it in the soil by adopting different soil management practices. The Bill would create a Carbon Farming Tax Credit and the program would be created and overseen by The New York Department of Agriculture.

Soil Health Definition:

Stated Goals:

To encourage farmers to further sequester and mitigate carbon by promoting soil and vegetation management strategies
To increase agricultural yields soil health, improve water quality, and reduce greenhouse gas emissions

Program Required Measurements:

To be determined

Tools & Guidance:

Funding Source/s:

To be determined

Funding Type/s:

Tax credit

Practices Eligible for Funding:

To be determined

Agencies Involved:

Rulemaking process

To be determined

State Universities & Researchers:

Cornell Institute for Climate-Smart Solutions. David Wolfe, a professor of plant and soil ecology at Cornell, is supporting Assemblywoman Barrett in her development of the Act. Wolfe is a co-author of the New York Soil Health Roadmap, which lays out the benefits of soil management practices, but also why they haven’t been more widely adopted at this point. (Land-grant university)

Agricultural Organizations & Technical Assistance:

Lessons Learned:

N/A

Media :

N/A

Last Update 01/18/2024

Questions?

Contact NewYork@healthysoilspolicy.org

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