Bill Text: NJ A3017 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes New Jersey Healthy Soils Program; establishes grant program for soil testing of urban agriculture sites; establishes Urban Agriculture Site Soil Testing Fund.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2023-06-01 - Received in the Senate, Referred to Senate Economic Growth Committee [A3017 Detail]
Download: New_Jersey-2022-A3017-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes New Jersey Healthy Soils Program; establishes grant program for soil testing of urban agriculture sites; establishes Urban Agriculture Site Soil Testing Fund.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning soil health, supplementing Title 4 of the Revised Statutes, and amending P.L.2007, c.340.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in sections 1 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Healthy soils" means soil with the continuing capacity to function as a biological system, increase soil organic matter, improve soil structure and water nutrient holding capacity, and sequester carbon and reduce greenhouse gas emissions.
"Program" means the New Jersey Healthy Soils Program established pursuant section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Urban agriculture" means city and suburban agriculture including, but not limited to, backyard, roof-top and balcony gardening, community gardening in vacant lots and parks, and roadside urban fringe agriculture.
2. (New section) a. The Department of Agriculture, in consultation with the Department of Environmental Protection and the New Jersey Agricultural Experiment Station, shall establish the New Jersey Healthy Soils Program. The purpose of the program is to:
(1) improve the health, yield, and profitability of the State's soils;
(2) increase biological activity and carbon sequestration in the soils of the State by promoting practices based on emerging soil science, including planting mixed cover crops, adopting no-till or low-till farming practices, and rotation grazing; and
(3) promote widespread use of healthy soils practices among farmers and other persons throughout the State.
b. To carry out the purposes of the program, the Department of Agriculture, in consultation with the Department of Environmental Protection and the New Jersey Agricultural Experiment Station, shall:
(1) provide incentives, including research, education, technical assistance, and, subject to available funding, financial assistance to farmers to implement farm management practices that contribute to healthy soils within the State;
(2) provide incentives, technical assistance, and education to persons in the State to maintain healthy soils; and
(3) determine whether the program may be implemented in a manner to enhance other State and federal programs that provide financial assistance to farmers.
3. (New section) a. The Department of Agriculture, in consultation with the Department of Environmental Protection, shall establish soil management guidelines for how to maintain and promote healthy soils within the State. The guidelines shall include, at a minimum, best practices to improve soil health in agriculture, including urban agriculture, and in residential landscaping for homeowners.
b. The guidelines established pursuant to this section, along with information concerning the program established pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be published on the Department of Agriculture and the Department of Environmental Protection's Internet websites and updated annually.
4. (New section) a. The Department of Agriculture, in consultation with the Department of Environmental Protection, shall develop a grant program to pay for the costs of soil testing for eligible farmers who grow food products on urban agriculture sites. The soil testing provided pursuant to the grant program established in this section, shall include testing for, at a minimum, pH, percentage of organic matter, nutrients, micronutrients, petroleum products and petroleum hydrocarbons, and metals including lead, arsenic, cadmium, and nickel.
b. In establishing the grant program pursuant to this section, the Department of Agriculture, in consultation with the Department Environmental Protection, shall:
(1) establish eligibility criteria for farmers working on urban agriculture sites;
(2) establish guidelines and procedures for the submission of grant applications, and criteria for the evaluation of such applications;
(3) establish soil testing protocols and the amount of a grant to be awarded to each applicant; and
(4) publicize on its Internet website the application procedures and awarding of grants pursuant to this section.
c. A farmer eligible for a grant for soil testing costs may apply for a grant under the program in the form and manner prescribed by the Department of Agriculture.
d. The Department of Agriculture, in consultation with the Department of Environmental Protection, shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, during each year in which a grant is awarded, on the effectiveness of the grant program in providing soil testing on urban agriculture sites and improving the soil health of those urban agriculture sites.
e. The Department of Agriculture, in consultation with the Department of Environmental Protection may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as are necessary to establish and implement the grant program.
5. (New section) a. There is established in the Department of Agriculture a special non-lapsing fund to be known as the "Urban Agriculture Site Soil Testing Fund." Moneys in the fund shall be dedicated to:
(1) providing grants to eligible farmers for the purposes of paying the costs of soil testing on urban agriculture sites pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(2) paying the costs of the Department of Agriculture, in consultation with the Department of Environmental Protection, to develop, implement, and administer the grant program established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The fund shall be credited with:
(1) the amount allocated for programs that improve soil health within the State pursuant to section 7 of P.L.2007, c.340 (C.26:2C-51) from the "Global Warming Solutions Fund," established pursuant to section 6 of P.L.2007, c.340 (C.26:2C-50);
(2) any other moneys as may be appropriated to the fund by the Legislature or otherwise provided to the fund; and
(3) any return on the investment of moneys deposited in the fund.
c. In each State fiscal year, the amount credited to the Urban Agriculture Site Soil Testing Fund shall be appropriated to the Department of Agriculture to fund the grant program established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. Section 7 of P.L.2007, c.340 (C.26:2C-51) is amended to read as follows:
7. a. The agencies administering programs established pursuant to this section shall maximize coordination in the administration of the programs to avoid overlap between the uses of the fund prescribed in this section.
b. Moneys in the fund, after appropriation annually for payment of administrative costs authorized pursuant to subsection c. of this section, shall be annually appropriated and used for the following purposes:
(1) [Sixty] Fifty-eight percent shall be allocated to the New Jersey Economic Development Authority to provide grants and other forms of financial assistance to commercial, institutional, and industrial entities to support end-use energy efficiency projects and new, efficient electric generation facilities that are state of the art, as determined by the department, including but not limited to energy efficiency and renewable energy applications, to develop combined heat and power production and other high efficiency electric generation facilities, to stimulate or reward investment in the development of innovative carbon emissions abatement technologies with significant carbon emissions reduction or avoidance potential, to develop qualified offshore wind projects pursuant to section 3 of P.L.2010, c.57 (C.48:3-87.1), and to provide financial assistance to manufacturers of equipment associated with qualified offshore wind projects. The authority, in consultation with the board and the department, shall determine: (a) the appropriate level of grants or other forms of financial assistance to be awarded to individual commercial, institutional, and industrial sectors and to individual projects within each of these sectors; (b) the evaluation criteria for selecting projects to be awarded grants or other forms of financial assistance, which criteria shall include the ability of the project to result in a measurable reduction of the emission of greenhouse gases or a measurable reduction in energy demand, provided, however, that neither the development of a new combined heat and power production facility, nor an increase in the electrical and thermal output of an existing combined heat and power production facility, shall be subject to the requirement to demonstrate such a measurable reduction; and (c) the process by which grants or other forms of financial assistance can be applied for and awarded including, if applicable, the payment terms and conditions for authority investments in certain projects with commercial viability;
(2) Twenty percent shall be allocated to the board to support programs that are designed to reduce electricity demand or costs to electricity customers in the low-income and moderate-income residential sector with a focus on urban areas, including efforts to address heat island effect and reduce impacts on ratepayers attributable to the implementation of P.L.2007, c.340 (C.26:2C-45 et al.) or to support the light duty plug-in electric vehicle incentive program and the incentive program for in-home electric vehicle service equipment established pursuant to sections 4 and 6 of P.L.2019, c.362 (C.48:25-4 and C.48:25-6). For the purposes of this paragraph, the board, in consultation with the authority and the department, shall determine the types of programs to be supported and the mechanism by which to quantify benefits to ensure that the supported programs result in a measurable reduction in energy demand or accomplishment of the plug-in electric vehicle goals established pursuant to section 3 of P.L.2019, c.362 (C.48:25-3);
(3) Ten percent shall be allocated to the department to support programs designed to promote local government efforts to plan, develop and implement measures to reduce greenhouse gas emissions, including but not limited to technical assistance to local governments, and the awarding of grants and other forms of assistance to local governments to conduct and implement energy efficiency, renewable energy, and distributed energy programs and land use planning where the grant or assistance results in a measurable reduction of the emission of greenhouse gases or a measurable reduction in energy demand. For the purpose of conducting any program pursuant to this paragraph, the department, in consultation with the authority and the board, shall determine: (a) the appropriate level of grants or other forms of financial assistance to be awarded to local governments; (b) the evaluation criteria for selecting projects to be awarded grants or other forms of financial assistance; (c) the process by which grants or other forms of financial assistance can be applied for and awarded; and (d) a mechanism by which to quantify benefits; [and]
(4) Ten percent shall be allocated to the department to support programs that enhance the stewardship and restoration of the State's forests and tidal marshes that provide important opportunities to sequester or reduce greenhouse gases [.] ; and
(5) Two percent shall be allocated to the Department of Agriculture to support programs that improve soil health within the State and provide opportunities to increase carbon sequestration in soils.
c. (1) The department may use up to four percent of the total amount in the fund each year to pay for administrative costs justifiable and approved in the annual budget process, incurred by the department in administering the provisions of P.L.2007, c.340 (C.26:2C-45 et al.) and in administering programs to reduce the emissions of greenhouse gases including any obligations that may arise under subsection a. of section 11 of P.L.2007, c.340 (C.26:2C-55).
(2) The board may use up to two percent of the total amount in the fund each year to pay for administrative costs justifiable and approved in the annual budget process, incurred by the board in administering the provisions of P.L.2007, c.340 (C.26:2C-45 et al.) and in administering programs to reduce the emissions of greenhouse gases including any obligations that may arise under subsection a. of section 11 of P.L.2007, c.340 (C.26:2C-55).
(3) The New Jersey Economic Development Authority may use up to two percent of the total amount in the fund each year to pay for administrative costs justifiable and approved in the annual budget process, incurred by the authority in administering the provisions of P.L.2007, c.340 (C.26:2C-45 et al.) and in administering programs to reduce the emissions of greenhouse gases.
d. The State Comptroller shall conduct or supervise independent audit and fiscal oversight functions of the fund and its uses.
(cf: P.L.2019, c.362, s.12)
7. This act shall take effect one year following the date of enactment.
STATEMENT
This bill would require the Department of Agriculture, in consultation with the Department of Environmental Protection and the New Jersey Agricultural Experiment Station, to establish the New Jersey Healthy Soils Program. The purpose of the New Jersey Healthy Soils Program is to: improve the health, yield, and profitability of the State's soils; increase biological activity and carbon sequestration in the soils of the State by promoting practices based on emerging soil science, including planting mixed cover crops, adopting no-till or low-till farming practices, and rotation grazing; and promote widespread use of healthy soils practices among farmers and other persons throughout the State.
To carry out the purposes of the program, the Department of Agriculture, in consultation with the Department of Environmental Protection and the New Jersey Agricultural Experiment Station, would be required to: provide incentives, including research, education, technical assistance, and, subject to available funding, financial assistance to farmers to implement farm management practices that contribute to healthy soils within the State; provide incentives, technical assistance, and education to persons in the State to maintain and promote healthy soils; and determine whether the program may be implemented in a manner to enhance other State and federal programs that provide financial assistance to farmers.
Under the bill, the Department of Agriculture, in consultation with the Department of Environmental Protection, would be required to establish soil management guidelines for how to maintain and promote healthy soils within the State. The guidelines would be required to include, at a minimum, best practices to improve soil health in agriculture, including urban agriculture, and in residential landscaping for homeowners. The guidelines, along with information concerning the New Jersey Healthy Soils Program, would be required to be published on the Department of Agriculture and the Department of Environmental Protection's Internet websites and updated annually.
The bill defines "healthy soils" as soil with the continuing capacity to function as a biological system, increase soil organic matter, improve soil structure and water nutrient holding capacity, and sequester carbon and reduce greenhouse gas emissions. Healthy soil is necessary to provide clean air and water, bountiful crops and forests, productive grazing lands, diverse wildlife, and beautiful landscapes, and proper soil management is essential for soil to perform optimally. The New Jersey Healthy Soils Program would educate farmers and residents throughout the State on best soil management practices while providing farmers and other persons with research, resources, and education to implement best management practices to improve soil health.
The bill defines "urban agriculture" as city and suburban agriculture including, but not limited to, backyard, roof-top and balcony gardening, community gardening in vacant lots and parks, and roadside urban fringe agriculture.
This bill would also require a grant program to be established within Department of Agriculture with consultation from the Department of Environmental Protection. The grant program would pay for the costs of soil testing for eligible farmers who grow food products on urban agriculture sites. The soil testing provided, pursuant to the grant program, would be required to include, at a minimum: pH, percentage of organic matter, nutrients, micronutrients, petroleum products and petroleum hydrocarbons, and metals including lead, arsenic, cadmium, and nickel. In establishing the grant program, the Department of Agriculture, in consultation with the Department of Environmental Protection, would be required to do the following:
(1) establish eligibility criteria for farmers working on urban agriculture sites;
(2) establish guidelines and procedures for the submission of grant applications, and criteria for the evaluation of such applications;
(3) establish soil testing protocols and the amount of a grant to be awarded to each applicant; and
(4) publicize on its Internet website the application procedures and awarding of grants.
The Department of Agriculture, in consultation with the Department of Environmental Protection, would be required to submit a report to the Governor and the Legislature, during each year in which a grant is awarded, on the effectiveness of the grant program in providing soil testing on urban agriculture sites and improving the soil health of those urban agriculture sites.
Due to possible past uses of urban agriculture sites, soil testing is important to learn as much as possible about any contaminants, such as unsafe levels of lead or other heavy metals that may be present in the soil of urban agriculture sites. Elevated levels of lead in particular are fairly common in urban soils, and pose health risks, especially to young children who can ingest soil while playing or helping in gardens. Other contaminants are possible, especially if the urban agriculture site has any industrial or manufacturing history. In order to reduce soil contamination and improve soil health within urban agriculture sites, soil testing is necessary. This bill would improve access to soil testing for eligible farmers who grow food on urban agriculture sites and provide grants to pay for the costs of the soil testing required.
The bill also would establish the "Urban Agriculture Site Soil Testing Fund." Moneys in the fund would be dedicated to providing grants to eligible farmers for the purposes of paying the costs of soil testing on urban agriculture sites and paying the costs of the Department of Agriculture, in consultation with the Department of Environmental Protection, to develop, implement, and administer the grant program. The Urban Agriculture Site Soil Testing Fund would be credited with funding in the Global Warming Solutions Fund (GWSF).
In addition, the bill would decrease the percentage of moneys provided in the GWSF to the New Jersey Economic Development Authority to provide grants and other forms of financial assistance to commercial, institutional, and industrial entities to support end-use energy efficiency projects and new, efficient electric generation facilities from 60 percent to 58 percent and provide two percent of the moneys in the GWSF to the Department of Agriculture to support programs that improve soil health within the State and provide opportunities to increase carbon sequestration in soils.
Finally, New Jersey, as the most densely populated state in the nation, is highly urbanized and suburbanized with limited opportunities to use its smaller pockets of open space for agriculture and horticulture. Improving soil testing within urban agriculture sites will allow for those areas to operate effectively and help support the Vision 2025 plan developed by the New Jersey Agricultural Experiment Station at Rutgers, the State University. The New Jersey Agricultural Experiment Station's Vision 2025 plan is a system of responsive, innovative, and inclusive programs, farms, stations, and centers that is prioritizing investments in infrastructure, information technology, and equipment designed to enable the expansion and development of cutting-edge programs to support the future of agriculture by engaging with urban and suburban communities, supporting farmers, and assisting with climate resilience and adaptation strategies in agriculture. The New Jersey Agricultural Experiment Station programs, farms, stations, and centers are designed to be national models for research, education, and outreach programs that can address grand challenges of the State and broader society, as well as being known for the sustainable management of the land and natural resources these efforts encompass.
