A curated set of model definitions and statutory language used in healthy soils legislation and programs. Designed to support drafting, negotiation, and policy replication.

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See also:

Model Law: State Healthy Soils Legislation (Legal Pathways, 2019), a model legal document that surveys the chief provisions a state may consider including in “healthy soils” (HS) legislation.

Enabling Legislation for Healthy Soils Programs - Enacted state legislation that established or authorized healthy soils programs.

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Healthy Soils - “Gold Standard” definition

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Important strategic considerations: It is critically important to define soil health/healthy soils – Without a strong definition, false or harmful solutions may more easily become incentivized (e.g., GMO crops, “precision agriculture,” nitrogen-uptake enhancement products).

During the drafting process it is important to ask questions about how things are going with soil health and what advocates and practitioners see as the obstacles, gaps and opportunities. Definitions can be tailored in order to help educate policy makers (and staff) and advance the conversation. (A point made by ‣ of Nerds For Earth, who has been involved in the crafting of many definitions referenced on this page.)

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The California “Gold Standard” Definition

Legislative language establishing several state healthy soils programs have language modeled on California’s early definition, CA SB859 (2016) - California Healthy Soils Program (Passed):

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.

Replicated by:

Hawaii - HI HB1578 (2017) - Carbon Farming Task Force - (Repealed)

Massachusetts - MA S2404 (2019) - Mass. Healthy Soils Program (Passed)

Maine (slight variation) - ME LD437/SP179 (2021) - Maine Healthy Soils Program (Passed)

*inserts “vital, living” before “biological” and adds “improve nutrient cycling”

Omit the “greenhouse gas benefits” clause

New Mexico - NM HB204/SB218 (2019) - New Mexico’s Healthy Soil Act (Passed)

Oklahoma - OK HB4412 (2022) Oklahoma Healthy Soils Program Act (Passed)

Modify “greenhouse gas benefits” clause

Maryland - MD HB1063 (2017) - Maryland Healthy Soils Program (Passed)

*Swaps out the last clause for “and sequester carbon and reduce greenhouse gas emissions.”

Critical Elements defining “healthy soils”

Biological system