A05386 Summary:

COSPNSRBarrett, Kelles, Gallagher, Thiele, Otis, Gottfried, Simon, Sillitti, Glick, Lavine, Angelino, Davila, Zinerman, Jackson, Rosenthal L, Perry, Santabarbara, Buttenschon, Fahy, Griffin, Colton, Blankenbush, Norris
Add Art 11-B §§151-l - 151-o, Ag & Mkts L; amd §§2 & 4, Cons Dists L
Establishes the soil health and climate resiliency act; establishes the soil health program to assist farmers in improving the health of their soil; establishes the climate resilient farming initiative to promote and encourage farmers to reduce the effects of farming on climate change and to adapt to and mitigate the impact of climate change by improving and maintaining water management systems and soil health and resiliency.
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A05386 Actions:

02/16/2021referred to agriculture
05/14/2021amend (t) and recommit to agriculture
05/14/2021print number 5386a
05/19/2021reported referred to rules
05/25/2021rules report cal.116
05/25/2021ordered to third reading rules cal.116
05/25/2021passed assembly
05/25/2021delivered to senate
06/03/2021SUBSTITUTED FOR S4722A
06/03/20213RD READING CAL.1382
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A05386 Committee Votes:

AGRICULTURE Chair:Lupardo DATE:05/19/2021AYE/NAY:22/0 Action: Favorable refer to committee Rules

RULES Chair:Gottfried DATE:05/25/2021AYE/NAY:29/0 Action: Favorable

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A05386 Floor Votes:

DATE:05/25/2021Assembly Vote  YEA/NAY: 147/0
AngelinoYCookYGallahanYLemondesYPheffer AmatoYSmithY
AubryYCusickYGiglio JAYLupardoYPretlowYSolagesY
BarclayYCymbrowitzYGiglio JMYMagnarelliYQuartYSteckY
BarronYDe La RosaYGoodellYMcDonaldYRamosYTagueY
BrabenecYDinowitzYHawleyYMikulinYRivera J YVanelY
BraunsteinYDiPietroYHevesiYMiller B YRivera JDYWalczykY
BronsonYDursoYHunterYMiller MLYRodriguezYWalkerY
BrownYEichensteinYHyndmanYMitaynesYRosenthal D YWallaceY
BurdickYEnglebrightYJacksonYMontesanoYRosenthal L YWalshY
CarrollYFriendYKimYPalmesanoYSeptimoERMr. SpeakerY

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A05386 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 16, 2021
        Introduced  by  M.  of  A.  LUPARDO, BARRETT, KELLES, GALLAGHER, THIELE,
          ZINERMAN  --  Multi-Sponsored  by  --  M. of A. GALEF -- read once and
          referred to the Committee on Agriculture -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
        AN  ACT  to amend the agriculture and markets law and the soil and water
          conservation districts law,  in  relation  to  establishing  the  soil
          health and climate resiliency act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and  may  be  cited  as  the  "soil
     2  health and climate resiliency act".
     3    §  2. The agriculture and markets law is amended by adding a new arti-
     4  cle 11-B to read as follows:
     5                                ARTICLE 11-B
     6                     SOIL HEALTH AND CLIMATE RESILIENCY
     7  Section 151-l. Definitions.
     8          151-m. Soil health initiative.
     9          151-n. Climate resilient farming initiative.
    10          151-o. Soil health research.
    11    § 151-l. Definitions. As used in this article: 1. "Soil health"  means
    12  soils  that  have the continuing capacity to function as a vital, living
    13  ecosystem  that sustains plants, animals, and humans.  The  benefits  of
    14  healthy  soil  include:  supporting the production of food, feed, fiber,
    15  and fuel; facilitating infiltration, storage and filtration of water and
    16  protecting water quality; enhanced nutrient-holding capacity and  nutri-
    17  ent  cycling;  providing  habitat  for  diverse soil organisms; enhanced
    18  resilience  to  drought,  extreme  precipitation   events,   temperature
    19  extremes,  pests,  diseases  and  other  stresses; breaking down harmful
    20  chemicals; reducing agricultural impacts on, and mitigating  the  impact
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5386--A                          2
     1  on  agriculture  of,  global climate change; and sequestering carbon and
     2  net long-term greenhouse gas benefits.
     3    2.  "Soil  health  practices"  means  agricultural and land management
     4  practices that improve the function of soils through actions that follow
     5  the principles of: minimizing soil disturbance  from  soil  preparation;
     6  maximizing soil vegetation cover; maximizing the diversity of beneficial
     7  soil  organisms;  maximizing  presence  of living roots; and integrating
     8  animals into land management; and in support of such principles, include
     9  such practices  as  conservation  tillage  or  no-till,  cover-cropping,
    10  precision nitrogen and phosphorous application, planned rotational graz-
    11  ing,  integrated  crop-livestock systems, agroforestry, perennial crops,
    12  integrated pest management,  nutrient  best  management  practices,  and
    13  those  practices recommended by the United States Department of Agricul-
    14  ture Natural Resources Conservation Service and that  are  supported  by
    15  the state soil and water conservation committee.
    16    §  151-m.  Soil  health  initiative. 1. The department, in cooperation
    17  with the state soil and water conservation committee, and other partners
    18  working on soil health shall encourage agricultural producers in  urban,
    19  suburban  and  rural  communities  to improve and maintain the health of
    20  farm soils by: managing and optimizing soil health to mitigate and adapt
    21  to climate change, and improve water quality while improving  long  term
    22  soil  productivity, efficiency, resiliency and profitability of farming;
    23  ensuring that soil is conserved as a living ecosystem managed to provide
    24  nutrients for the growth of agricultural plants and animals and a  heal-
    25  thy,  affordable  food supply; and addressing such environmental impacts
    26  from farm operations, including, but not limited to absorbing and  hold-
    27  ing rainwater for use during dry periods, filtering and buffering poten-
    28  tial  pollutants  from leaving fields, improving climate resiliency, and
    29  providing habitat for beneficial soil microbes to flourish and  diversi-
    30  fy.  Such  improvement and maintenance shall account for the differences
    31  in soils in different regions of the state.  The department shall  coor-
    32  dinate  the  soil health initiative with the agricultural  environmental
    33  management program established in article eleven-A of this  chapter  and
    34  section eleven of the soil and water conservation districts law.
    35    2.  The department shall encourage soil health practices that include,
    36  but shall not be limited to:
    37    (a) improving, enhancing, or  otherwise  maximizing  soil  health  and
    38  quality, and minimizing soil erosion and sedimentation;
    39    (b)  improving,  enhancing, or otherwise maximizing water infiltration
    40  rates and water holding capacities of soils  for  improved  storm  water
    41  management  and  flood  control,  drought  resilience,  and  groundwater
    42  supply; and
    43    (c) managing and enhancing the healthy  cycling  of  nutrients  within
    44  fields, to minimize nutrient runoff and reduce downstream nutrient load-
    45  ing,  improve  watershed health and reliable water availability, restore
    46  and enhance wildlife habitat, and manage water runoff and drainage water
    47  for improved local and downstream water quality.
    48    3. The department, in  the  development  of  efforts  to  promote  and
    49  encourage  soil health, shall conduct public virtually accessible stake-
    50  holder meetings and provide opportunity for written public  comment  and
    51  consult  with  stakeholders,  as appropriate, including, but not limited
    52  to: the state soil and water conservation committee, the  department  of
    53  environmental  conservation,  agricultural  producers  including histor-
    54  ically marginalized  producers,  not-for-profit  conservation  organiza-
    55  tions,  environmental  protection  organizations including environmental
    56  justice,  the  United  States  Department  of   Agriculture's   National

        A. 5386--A                          3
     1  Resources  Conservation Services, the New York state college of agricul-
     2  ture and life sciences established in section fifty-seven hundred twelve
     3  of the education law  including  Cornell  Cooperative  Extension,  other
     4  institutions  of  higher  education  in  New  York state working on soil
     5  health, and any other organization designated by the commissioner.
     6    4. The department, in  cooperation  with  the  state  soil  and  water
     7  conservation  committee,  the  New York state college of agriculture and
     8  life sciences established in section fifty-seven hundred twelve  of  the
     9  education law, and with input from other organizations with expertise in
    10  soil  health  and  regional  stakeholders, shall establish   appropriate
    11  voluntary standards and objectives for soil health and quality,  reflec-
    12  tive  of the different geographic regions, soil types, and farming oper-
    13  ations. Such  standards  should  include  soil  quality  indicators  for
    14  biological,  physical,  and  chemical properties of soil and reflect the
    15  latest scientific advancements.
    16    § 151-n. Climate resilient farming initiative. 1. The  department,  in
    17  cooperation  with  the  state soil and water conservation committee, and
    18  other partners working on  climate  resilient  farming  shall  encourage
    19  agricultural  producers  in  urban,  suburban  and  rural communities to
    20  reduce the effects of farming on climate change, such as greenhouse  gas
    21  emissions,  and  adapt  to  and mitigate the impact of climate change by
    22  improving and maintaining water management systems and soil  health  and
    23  resiliency.
    24    2.  The department shall promote best management practices for climate
    25  mitigation and soil resiliency, as informed  by  state  policy,  by  the
    26  United  States  Department of Agriculture Natural Resources Conservation
    27  Service Field Office Technical Guide and by research  conducted  by  New
    28  York  state  institutions  of  higher  education  with expertise in soil
    29  health, and approved by the New York state soil and  water  conservation
    30  committee.
    31    3.  The  department  shall  coordinate  the  climate resilient farming
    32  initiative with the agricultural environmental management program estab-
    33  lished in article eleven-A of this chapter and  section  eleven  of  the
    34  soil and water conservation districts law.
    35    §  151-o.  Soil health research. The commissioner shall make available
    36  practical information from soil health research to agricultural  produc-
    37  ers  in  urban,  suburban and rural communities with goals to:  continue
    38  accelerating the percentage of farmers who actively utilize best manage-
    39  ment practices to foster soil health and resiliency; and, promote scien-
    40  tific understanding of soil health and carbon sequestration with various
    41  farming practices, including but not limited to no-till, cover cropping,
    42  managed grazing, perennial pasture, and  precise  application  of  added
    43  nutrients to achieve nitrous oxide emissions reduction.
    44    §  3.  Subdivision  2  of section 2 of the soil and water conservation
    45  districts law is renumbered subdivision 3 and a  new  subdivision  2  is
    46  added to read as follows:
    47    (2)  Promotion  of  soil health and resiliency. It is further declared
    48  the policy of the legislature to promote the health  and  resiliency  of
    49  New  York's  agricultural soils, including the biological, physical, and
    50  chemical components of such soils, to sustain  agricultural  plants  and
    51  animals,  produce  a  healthy,  affordable  food supply, promote climate
    52  resilient farming and the reduction of agricultural greenhouse gas emis-
    53  sions, and further protect and promote natural resources and the health,
    54  safety and welfare of the people of this state.

        A. 5386--A                          4
     1    § 4. Paragraph i of subdivision 4 of section 4 of the soil  and  water
     2  conservation districts law, as added by chapter 136 of the laws of 2000,
     3  is amended and a new paragraph j is added to read as follows:
     4    i.  To  coordinate  and  approve  the  participation  of  the  several
     5  districts in the AEM program as set forth in  article  eleven-A  of  the
     6  agriculture and markets law[.];
     7    j.  To  coordinate  and  approve  the  participation  of  the  several
     8  districts in support of soil health and climate resilient farming as set
     9  forth in article eleven-B of the agriculture and markets law.
    10    § 5. This act shall take effect July 1, 2021.
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