Amendment ID: S2842-17

Amendment 17

Healthy Soils

Ms. Comerford, Messrs. Lewis, Eldridge and Hinds, Ms. Gobi, Messrs. Welch and O'Connor, Ms. Rausch, Messrs. Cyr and Tarr move that the proposed new text be amended by adding the following 7 sections:-

“SECTION XX. Subsection (a) of section 6C of chapter 20 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the figure “17” and inserting in its place thereof the following figure:- 18.

SECTION XX. Said subsection (a) of said section 6C of said chapter 20, as so appearing, is hereby further amended by striking out, in line 17, the word “designee;”, and inserting in place thereof the following words:- designee; 1 of whom shall be an expert in healthy soils practices as defined in section 7A of chapter 128, appointed by the secretary of energy and environmental affairs.

SECTION XX. Subsection (d) of said section 6C of said chapter 20, as so appearing, is hereby further amended in clause (A) of paragraph (1) by striking out, in line 58, the word “foods;”, and inserting in place thereof , the following words:- foods, particularly those foods produced using healthy soils practices as defined in section 7A of chapter 128.

SECTION XX. Said subsection (d) of said section 6C of said chapter 20, as so appearing, is hereby further amended in clause (C) of said paragraph (1) by striking out, in line 70, the word “production;” and inserting in place thereof, the following words:- production, particularly through practices which promote healthy soils as defined in section 7A of chapter 128.

SECTION XX. Section 20 of chapter 21 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding after paragraph 14 the following 2 paragraphs:-

(15) To assist in the development of a healthy soils program, as instructed by the director, to: (i) improve soil quality on lands utilized for commercial farming; suburban and urban lawns, yards and gardens; public and private forests, parks and other open or green spaces; and non-paved outdoor areas of office complexes, mixed use facilities, businesses, industries, and colleges and other institutions; (ii) increase carbon sequestration or storage on such lands, to help reduce harmful atmospheric greenhouse gases and the effects of climate change; and (iii) provide other measurable benefits, determined as applicable under the program to certain types of lands, related to climate change, plant growth, erosion control and water absorption and quality. The commission in the development of the program or any significant change to the established program if requested by the director, shall consult with 1 or more of the following organizations, as appropriate for the type of land intended to be covered under program: the department of agricultural resources, department of environmental protection, department of fish and game, The Nature Conservancy, Massachusetts Forest Alliance, Massachusetts Association of Conservation Districts, Massachusetts Farm Bureau Federation, United States Department of Agriculture’s National Resources Conservation Services, Massachusetts chapter of the Northeast Organic Farming Association, University of Massachusetts Extension, Amherst, and any individual or other organization designated by the director.

(16) To encourage and promote the use of healthy soils policies and practices by private and public landowners, including commercial farmers, and any assistance available to program participants, which may consist of grants, technical assistance or education on the benefits and implementation of health soils best practices, as the director may instruct, to achieve the purposes of the healthy soils program.

SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2DDDDD the following section:-

Section 2EEEEE. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Healthy Soils Program Fund. The secretary of energy and environmental affairs shall administer the fund. Notwithstanding any general or special law to the contrary, there shall be credited to the fund, any revenue subject to appropriations or other money authorized by the general court and specifically designated to be credited to the fund, including monies appropriated from the Gaming Economic Development Fund, established under section 2DDDD of chapter 29, and any gifts, grants, private contributions, investment income earned by the fund’s assets, and any designated funds from other sources. No expenditure from the fund shall cause the fund to be in deficiency at the close of the fiscal year. Monies in the fund at the end of the fiscal year shall not revert to the General Fund, and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.

(b) Amounts credited to the fund shall be expended, without further appropriation, for the purpose to implement, administer and develop health soils practices under the Healthy Soils Program, including, but not limited to, program research and development, education and training in program practices and policies, and to provide grants on a competitive basis to individuals, public and private entities, and charitable organizations to implement healthy soil practices, except no loans shall be made from said fund. Expenditures made from the fund shall complement and not replace existing local, state, private or federal funding for related training and educational programs for healthy soil practices.

SECTION XX. Section 7A of chapter 128, as so appearing, is hereby amended by inserting after the definition of “garden”, the following 3 definitions:-

“Greenhouse gas benefits”, greenhouse gas emissions source reduction or carbon sequestration.

“Healthy soils”, soils that enhance their continuing capacity to function as a biological system, increase soil organic matter, improve soil structure and water and nutrient-holding capacity, and result in net long-term greenhouse gas benefits.

“Healthy soils practices”, practices that (i) improve measurable soil health on lands utilized for commercial farming; suburban and urban lawns, yards and gardens; public and private forests, parks and other open spaces; and non-paved outdoor areas of office complexes, mixed use facilities, businesses, industries, and colleges and other institutions; (ii) provide 1 or more of the following benefits: improve food production; encourage the health, growth and biological diversity of plants and forests; increase water infiltration reducing storm water run-off; provide drought and crop resilience, enhance water quality; and reduce the use of fertilizers and herbicides; and (iii) provide greenhouse gas benefits.”.