Establishes New Jersey Healthy Soils Program; establishes grant program for soil testing of urban agriculture sites; establishes Urban Agriculture Site Soil Testing Fund.

A1917

ASSEMBLY, No. 1917

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Co-Sponsored by:

Assemblywomen Reynolds-Jackson and Speight

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

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.
�