AB80 - Establishes provisions relating to soil health. (BDR 49-387)

EXEMPT (Reprinted with amendments adopted on April 16, 2025) FIRST REPRINT A.B. 80 - *AB80_R1* ASSEMBLY BILL NO. 80–COMMITTEE ON NATURAL RESOURCES (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON NATURAL RESOURCES) PREFILED DECEMBER 2, 2024 ____________ Referred to Committee on Natural Resources SUMMARY—Establishes provisions relating to soil health. (BDR 49-387) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Contains Appropriation not included in Executive Budget. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to conservation; creating the Healthy Soils Initiative; setting forth the powers and duties of the State Conservation Commission in the State Department of Conservation and Natural Resources relating to the Healthy Soils Initiative; establishing the Fund for Soil Health; declaring certain information obtained by the Commission to be confidential; requiring the Conservation Districts Program in the State Department of Conservation and Natural Resources to provide staff services relating to the Healthy Soils Initiative under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes the State Conservation Commission in the State 1 Department of Conservation and Natural Resources and authorizes the 2 establishment of conservation districts to facilitate the conservation, protection and 3 controlled development of the renewable natural resources of this State, which 4 includes soil. (Chapter 548 of NRS) 5 Section 7 of this bill creates the Healthy Soils Initiative within the 6 Commission, which, to the extent money is available, must: (1) encourage 7 the adoption of soil health practices by producers; (2) promote and advance the 8 understanding of the environmental and economic benefits of soil health practices; 9 and (3) support and advance scientific research into soil health. 10 – 2 – - *AB80_R1* Section 8 of this bill authorizes the Commission to establish, as part of the 11 Healthy Soils Initiative: (1) a grant program for soil health activities and projects; 12 (2) a soil health monitoring and inventory platform; and (3) any other program the 13 Commission determines is appropriate. Section 8 requires, with certain exceptions, 14 any program or platform established by the Commission to be voluntary and 15 incentive-based. Section 8 also provides that, if the Commission establishes a grant 16 program, the Commission must adopt certain regulations relating to the grant 17 program. 18 Section 9 of this bill establishes the Fund for Soil Health in the State Treasury 19 and requires the Commission to administer the Fund. 20 Sections 10 and 58 of this bill provide that, with certain exceptions, any 21 information in the records and files of the Commission regarding the identity of a 22 producer or program participant and the practices of a producer or program 23 participant is confidential. 24 Section 11 of this bill requires, to the extent money is available, the 25 Conservation Districts Program in the State Department of Conservation and 26 Natural Resources to provide staff services to the Commission to carry out the 27 provisions of sections 2-12 of this bill. 28 Section 12 authorizes the Commission to adopt regulations to carry out the 29 provisions of sections 2-12. 30 Sections 2-5.5 define certain terms relating to the provisions of sections 2-12. 31 Existing law provides that the provisions of chapter 548 of the Nevada Revised 32 Statutes may be known and cited as the Conservation Districts Law. (NRS 548.010) 33 Sections 13-57 and 59 of this bill revise existing references to these provisions to 34 reflect the addition of sections 2-12 to chapter 548 of the Nevada Revised Statutes. 35 Section 60.7 of this bill requires the Commission to, beginning on January 1, 36 2036, study the results of the Healthy Soils Initiative and submit to the Director of 37 the Legislative Counsel Bureau for transmittal to the next regular session of the 38 Legislature a written report detailing the progress made toward meeting certain 39 requirements relating to the Healthy Soils Initiative. 40 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 548 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 12, inclusive, of this 2 act. 3 Sec. 2. As used in sections 2 to 12, inclusive, of this act, 4 unless the context otherwise requires, the words and terms defined 5 in sections 4, 5 and 5.5 of this act have the meanings ascribed to 6 them in those sections. 7 Sec. 3. (Deleted by amendment.) 8 Sec. 4. “Commission” has the meaning ascribed to it in 9 NRS 548.030. 10 Sec. 5. “Government” has the meaning ascribed to it in 11 NRS 548.045. 12 Sec. 5.5. “Producer” has the meaning ascribed to it in 13 NRS 576.018. 14 Sec. 6. (Deleted by amendment.) 15 – 3 – - *AB80_R1* Sec. 7. 1. The Healthy Soils Initiative is hereby created 1 within the Commission. To the extent that money is available, the 2 Healthy Soils Initiative must, without limitation: 3 (a) Encourage the widespread adoption in quantity and acres 4 of soil health practices by producers; 5 (b) Promote and advance the understanding of the 6 environmental and economic benefits of soil health practices by 7 producers, policymakers, consumers and the general public; and 8 (c) Support and advance scientific research into soil health, 9 including, without limitation: 10 (1) The existing conditions of agricultural soils in this State 11 and the current carbon storage and carbon storage potential of 12 such soils; 13 (2) The environmental benefits of soil health practices; and 14 (3) The economic benefits of soil health practices. 15 2. In carrying out the requirements of subsection 1, the 16 Commission may: 17 (a) Provide incentives to encourage the implementation of soil 18 health practices; 19 (b) Conduct educational and outreach programs on the 20 benefits of soil health; 21 (c) Evaluate and develop soil health sampling and testing 22 protocols that are appropriate for the agricultural systems in this 23 State; 24 (d) Facilitate stakeholder collaboration to advance the 25 understanding of the science of soil health and the 26 implementation of soil health practices, which may include, 27 without limitation, collaboration between the government, Indian 28 tribes, academic and research institutions, nonprofit organizations 29 and private entities; 30 (e) Collaborate with producers, groups of producers, producer 31 cooperatives, conservation districts, water conservancy districts, 32 academic and research institutions, the government, Indian tribes 33 and any other entity; and 34 (f) Enter into agreements or contracts. 35 Sec. 8. 1. In addition to the requirements of section 7 of 36 this act, as part of the Healthy Soils Initiative, the Commission 37 may establish: 38 (a) A program to distribute, within the limits of legislative 39 appropriations and other available money, grants of money to 40 eligible entities to engage in soil health activities or projects, 41 including, without limitation, research, education or 42 demonstration projects. In developing such a grant program, the 43 Commission: 44 – 4 – - *AB80_R1* (1) Shall prioritize distributing such grants to conservation 1 districts that are working with producers, if appropriate, as 2 determined by the Commission; and 3 (2) May prioritize the needs of historically underserved 4 producers, emerging areas of scientific inquiry and research, 5 environmental benefits or any other consideration the 6 Commission determines is appropriate. 7 (b) A soil health monitoring and inventory platform. 8 (c) Any other program the Commission determines is 9 appropriate. 10 2. Except as otherwise provided in subsection 3, any program 11 or platform established by the Commission pursuant to subsection 12 1 must be voluntary and incentive-based. Such a program may 13 not: 14 (a) Require the participation of a producer or other entity; 15 (b) Mandate the implementation of soil health practices by 16 producers or other entities who do not participate; or 17 (c) Bind a participant to execute specific practice standards in 18 adverse climate conditions or circumstances with limited or no 19 chance of success or that would cause irreparable physical or 20 economic harm to the operations of the participant. 21 3. If a grant program is established pursuant to paragraph 22 (a) of subsection 1, the Commission shall adopt regulations to 23 carry out the grant program, which must, without limitation: 24 (a) Set forth the entities that are eligible to receive grants; 25 (b) Require any grant recipient who does not have sufficient 26 expertise in soil health practices or project management to work 27 with a technical assistance agency or organization; 28 (c) Require each grant recipient to: 29 (1) Conduct outreach and education activities regarding the 30 soil health activity or project; and 31 (2) Disclose information relating to the soil health activity 32 or project; 33 (d) Ensure that the most accurate and current scientific 34 evidence relating to soil health, soil health practices and the 35 economic and environmental benefits of soil health practices is 36 considered in awarding a grant by the program; 37 (e) Limit the grant money that may be used by a grant 38 recipient for costs not directly related to the purpose of the grant, 39 including, without limitation, administrative expenses and 40 overhead expenses; 41 (f) Establish monitoring requirements to ensure that any grant 42 money awarded is spent in accordance with state law; and 43 (g) Establish requirements to ensure the confidentiality of a 44 grant recipient, landowner and land information, as applicable. 45 – 5 – - *AB80_R1* Sec. 9. 1. There is hereby created in the State Treasury the 1 Fund for Soil Health. The Commission is responsible for the 2 administration of the Fund. All money received and held by 3 the State Treasurer for that purpose must be deposited in the 4 Fund. 5 2. The Commission may: 6 (a) Apply for and accept gifts, grants, services and donations 7 from any source for the purposes of carrying out the provisions of 8 sections 2 to 12, inclusive, of this act; 9 (b) Administer and expend money for the purpose of planning, 10 developing or establishing the Healthy Soils Initiative pursuant to 11 sections 7 and 8 of this act; and 12 (c) Use money received or appropriated as matching funds to 13 obtain or make grants for soil health activities. 14 Sec. 10. Except as otherwise provided in this section or 15 pursuant to a grant agreement executed in relation to a program 16 established pursuant to section 8 of this act, all information in the 17 records and files of the Commission regarding the identity of a 18 producer or participant in a program established by the 19 Commission pursuant to sections 2 to 12, inclusive, of this act and 20 the practices of the producer or program participant are 21 confidential unless the producer or program participant provides 22 express permission in writing to the Commission to release such 23 information. 24 Sec. 11. To the extent that money is available, the 25 Conservation Districts Program in the State Department of 26 Conservation and Natural Resources shall provide staff services to 27 the Commission for carrying out the provisions of sections 2 to 12, 28 inclusive, of this act. 29 Sec. 12. The Commission may adopt regulations to carry out 30 the provisions of sections 2 to 12, inclusive, of this act. 31 Sec. 13. NRS 548.010 is hereby amended to read as follows: 32 548.010 [This chapter] NRS 548.010 to 548.550, inclusive, 33 may be known and cited as the Conservation Districts Law. 34 Sec. 14. NRS 548.015 is hereby amended to read as follows: 35 548.015 As used in [this chapter,] NRS 548.010 to 548.550, 36 inclusive, unless the context otherwise requires, the [following] 37 words and terms [have the meanings attributed to them] defined in 38 NRS 548.020 to 548.090, inclusive, [unless the context otherwise 39 requires.] have the meanings ascribed to them in those sections. 40 Sec. 15. NRS 548.032 is hereby amended to read as follows: 41 548.032 “Conservation district” or “district” means a 42 governmental subdivision of this State, and a public body corporate 43 and politic, organized in accordance with the provisions of [this 44 chapter] NRS 548.010 to 548.550, inclusive, for the purposes, with 45 – 6 – - *AB80_R1* the powers, and subject to the restrictions set forth in [this chapter.] 1 NRS 548.010 to 548.550, inclusive. 2 Sec. 16. NRS 548.050 is hereby amended to read as follows: 3 548.050 “Land occupier” or “occupier of land” means any 4 person, firm or corporation which holds title to, or is in legal 5 possession of, any lands lying within a district organized under the 6 provisions of [this chapter,] NRS 548.010 to 548.550, inclusive, 7 whether as owner or as lessee or tenant under a lease or rental 8 agreement for a term of 1 year or longer, but does not include 9 transient users. 10 Sec. 17. NRS 548.085 is hereby amended to read as follows: 11 548.085 “Supervisor” means one of the members of the 12 governing body of a district, elected or appointed in accordance with 13 the provisions of [this chapter.] NRS 548.010 to 548.550, inclusive. 14 Sec. 18. NRS 548.157 is hereby amended to read as follows: 15 548.157 The Program shall perform staff services for the 16 Commission in carrying out its responsibilities under [this chapter.] 17 the provisions of NRS 548.010 to 548.550, inclusive. 18 Sec. 19. NRS 548.160 is hereby amended to read as follows: 19 548.160 The Commission may adopt and promulgate such 20 rules and regulations as may be necessary for the execution of its 21 functions under [this chapter.] the provisions of NRS 548.010 to 22 548.550, inclusive. 23 Sec. 20. NRS 548.175 is hereby amended to read as follows: 24 548.175 The Commission has the following duties and powers: 25 1. To carry out the policies of this State in programs at the state 26 level f [Text truncated for display. Full text available on LegiScan.]