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SD 2011

An Act establishing healthy soil performance guidelines

194th Legislature (2025-2026) Introduced by Paul Mark

Establishes post-construction soil performance standards (depth, carbon storage, runoff, water quality) to protect soil health, with penalties and UMass Extension collaboration.

Referred to the committee on Agriculture
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Bill Summary · SD 2011

Summary of Senate Bill SD 2011: An Act Establishing Healthy Soil Performance Guidelines

Overview

  • Bill number: SD 2011
  • Title: An Act establishing healthy soil performance guidelines
  • Status: Referred to the Senate Committee on Agriculture
  • Introduced: February 27, 2025
  • Sponsorship: Paul W. Mark (with other petitioners)
  • Jurisdictional focus: Massachusetts General Laws Chapter 128

Purpose and intent

The bill seeks to create a regulatory framework governing post-construction soil performance by establishing formal guidelines and enforceable standards aimed at improving soil health, carbon storage potential, water quality, stormwater management, and related soil functions. It directs the relevant department to promulgate regulations that set standards for soil depth and quality, carbon storage capacity, stormwater runoff, water quality, fertilizer and nutrient input mitigation, and soil compaction/infiltration. The goal is to promote healthy soils practices in alignment with defined public outreach programs and existing healthy soils guidance.

Key provisions

Section 125 — Post-construction soil performance regulations

  • The department must promulgate regulations addressing:
    • Soil depth and quality
    • Carbon storage capacity
    • Stormwater runoff
    • Water quality
    • Fertilizer and nutrient input mitigation
    • Soil compaction or infiltration capacity
  • Regulatory scope may be limited regionally as appropriate.
  • The department must collaborate with the University of Massachusetts Amherst Extension to ensure consistency with the extension program’s published materials and outreach.
  • Regulations must align with “healthy soils practices” as defined in Section 7A of Chapter 128.
  • Penalties: Establishes fines for violations:
    • First offense: up to $250
    • Second offense: up to $500
    • Third or subsequent offense: up to $1,000
  • Appeals:
    • Appeal to the Division of Administrative Law Appeals within 10 days of notice
    • Hearing under Chapter 30A
    • Possible affirmance, vacatur, or modification after a preponderance of evidence
    • Further appeal to the Superior Court under Chapter 30A

Section 2 — Redefinition of turf-related terms

  • Replaces the definition of “Lawn” with new turf-related definitions:
    • Functional turf: turf on private property or recreational/civic spaces (e.g., lawns, playgrounds, parks, sports fields, golf courses, cemeteries, amphitheaters)
    • Utility turf: turf established to fulfill ecological or practical functions (e.g., erosion control, carbon sequestration, heat island mitigation, vegetative buffers, pollutant filtration, community planning/safety)
    • Turf: living ground cover with dense canopy and interconnected root network (Poaceae or similar plants)
  • These definitions appear after “Fertilizer material” and after “Ton” in Section 64 of Chapter 128.

Who is affected

  • Regulated entities: Developers, builders, landscapers, property owners, property managers, municipalities, and other entities engaged in post-construction site development and landscaping.
  • Public bodies: State and local agencies implementing post-construction land-use requirements.
  • Educational/public outreach collaborators: University of Massachusetts Amherst Extension, which would assist in ensuring regulations align with published information and outreach programs.

Procedural and timeline aspects

  • The bill has been referred to the Senate Committee on Agriculture (February 27, 2025).
  • No further action dates are specified in the text provided; typical next steps would include committee hearings, possible amendments, and votes in the Senate and House before any floor votes.

Potential impact and considerations

  • Establishes a formal regulatory framework for soil health post-construction, potentially influencing construction practices, land-use planning, and landscaping standards.
  • Introduces civil penalties for non-compliance and a structured appeals process.
  • Broadens the regulatory concept of turf to include “functional” and “utility” turf, which could affect what areas are regulated or incentivized for soil health outcomes.
  • Emphasizes collaboration with a university extension program to ensure alignment with educational materials and outreach.

Compiled from official sources — confirm details with the bill’s official record.

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