An Act To Establish the Maine Healthy Soils Program
Maine Legislature, Session 130, LD 0437
Committee: Agriculture, Conservation and Forestry
Sponsors: BRENNER, OSHER, MAXMIN, PLUECKER

Legislative Document
No. 437
S.P. 179
In Senate, February 16, 2021
An Act To Establish the Maine Healthy Soils Program
Received by the Secretary of the Senate on February 11, 2021.  Referred to the Committee 
on Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative OSHER of Orono and
Senator: MAXMIN of Lincoln, Representative: PLUECKER of Warren.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA c. 7 is enacted to read:
CHAPTER 7
MAINE HEALTHY SOILS PROGRAM
§351.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Commissioner.  "Commissioner" means the Commissioner of Agriculture, 
Conservation and Forestry.
2.  Department.  "Department" means the Department of Agriculture, Conservation 
and Forestry.
3.  Greenhouse gas.  "Greenhouse gas" has the same meaning as in Title 38, section 
574, subsection 1.
4.  Greenhouse gas emissions benefits.  "Greenhouse gas emissions benefits" means 
greenhouse gas emissions source reduction or sequestration.
5.  Healthy soils best practices.  "Healthy soils best practices" means agricultural and 
land management practices that:
A.  Enhance the continuing capacity of soils to function as a vital, living biological 
system, increase soil organic matter, improve soil structure, strengthen water holding 
and nutrient holding capacity, improve nutrient cycling and result in net long-term 
greenhouse gas emissions benefits;
B.  Continuously improve the capacity of soils to host a diversity of beneficial 
organisms, grow vigorous crops, enhance agricultural resilience, including, but not 
limited to, the ability of crops and livestock to tolerate and recover from drought, 
temperature extremes, pests and other stressors, and help regulate the global climate 
by converting organic residue into stable soil organic matter and retaining nutrients, 
including, but not limited to, nitrogen and phosphorus;
C.  Continuously improve the health of soils by considering all relevant factors, 
including, but not limited to, depth of topsoil horizons, water infiltration rate, water 
holding capacity, organic carbon content, biologically accessible nutrient content, bulk 
density, biological activity and biological and microbiological diversity; and
D.  Follow the principles of minimizing soil disturbance and external inputs: keeping 
soil covered, maximizing biodiversity, maximizing the presence of living roots and 
integrating animals into land management, including grazing animals, birds, beneficial 
insects and keystone species, such as earthworms.
§352.  Program established
The Maine Healthy Soils Program, referred to in this chapter as "the program," is 
established within the department and is administered by the commissioner.  The 
commissioner shall consult with the University of Maine, the University of Maine 
Cooperative Extension, the Department of Environmental Protection and the United States 
Department of Agriculture, Natural Resources Conservation Service in the development 
and administration of the program.
1.  Purpose.  The purpose of the program is to:
A. Improve the health, yield and profitability of the State's diverse agricultural soils 
and commodities;
B.  Protect native biological and microbiological diversity, vitality and health and 
increase the greenhouse gas emissions benefits provided by the State's agricultural 
soils; 
C.  Promote healthy soils agricultural practices based on indigenous knowledge, 
current understanding and emerging soil science as determined by the department; and
D.  Promote and expand the use of healthy soils best practices among farmers and 
farmland owners in the State.
2.  Responsibilities of the commissioner.  To carry out the purposes of the program, 
the commissioner shall:
A.  Provide information and educational materials to educate farmers and farmland 
owners about the benefits of implementing practices that achieve the purposes of the 
program.  The commissioner shall:
(1)  Increase opportunities for farmer-to-farmer outreach and education by 
highlighting farmers and farmland owners using healthy soils best practices 
successfully;
(2)  Facilitate peer learning opportunities for farmers and farmland owners engaged 
in a broad range of healthy soils best practices, maintaining an active network of 
practitioners and technical experts and highlighting related services and 
programming; and
(3)  Aggregate and highlight opportunities for grant funding, loan programs and 
other forms of financial assistance to support the use of healthy soils best practices 
by farmers and farmland owners;
B.  Investigate opportunities for market-based levers and promotional activities that 
incentivize healthy soils best practices; 
C.  Subject to availability of funding, support and make available incentives, such as 
technical assistance, financial assistance and research support, to implement healthy 
soils best practices;
D.  Design the program to equitably distribute incentives to beginning and socially 
disadvantaged farmers and ranchers as defined by 7 United States Code, Section 
2279(a); and
E.  Determine how the program may be implemented to enhance other state and federal 
programs that provide financial assistance to farmers implementing healthy soils best 
practices.
§353.  Maine Healthy Soils Fund
The Maine Healthy Soils Fund is established as a nonlapsing separate account to be 
administered by the commissioner.  Income from gifts, grants, fees and other sources may 
be deposited into the fund.  All money in the fund and earnings on that money must be used 
for the purposes of this chapter.
SUMMARY
This bill establishes the Maine Healthy Soils Program within the Department of 
Agriculture, Conservation and Forestry for the purposes of promoting and expanding the 
use of healthy soils best practices among farmers and farmland owners.