Missouri 2025 Regular Session

Missouri Senate Bill SB790 Compare Versions

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Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 790
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR GREGORY (21).
8	8	3104S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 252.300, 252.303, 252.306, 252.309, 252.312, 252.315, 252.318, 252.321,
11	11	252.324, 252.327, 252.330, and 252.333, RSMo, relating to agroforestry.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 252.300, 252.303, 252.306, 252.309, 1
15	15	252.312, 252.315, 252.318, 252.321, 252.324, 252.327, 252.330, 2
16	16	and 252.333, RSMo, are repealed, to read as follows:3
17	17	[252.300. 1. Sections 252.300 to 252.333 1
18	18	shall be known and may be cited as "The Missouri 2
19	19	Economic Diversification and Afforestation Act 3
20	20	of 1990". 4
21	21	2. It is the intent of sections 252.300 to 5
22	22	252.333 to address environmental, economic, and 6
23	23	social programs with a long -term, integrated 7
24	24	strategy that will result in soil conservation, 8
25	25	improved water and air quality, enhanced 9
26	26	wildlife habitat, increased job opportunities, 10
27	27	and reduced social probl ems, to the benefit of 11
28	28	all citizens of the state of Missouri. ] 12
29	29	[252.303. The department may develop and 1
30	30	implement, in cooperation with the University of 2
31	31	Missouri college of agriculture, the University 3
32	32	of Missouri center for agrofore stry, the 4
33	33	University of Missouri extension service, the 5
34	34	Missouri department of natural resources, 6
35	35	private industry councils and the Missouri 7
36	36	department of agriculture, an agroforestry 8
37	37	program. The program shall be designed to 9
38	38	encourage the developme nt of a state program of 10
39	39	agroforestry, and shall encourage soil 11
40	40	conservation and diversifications of the state's 12 SB 790 2
41	41	agricultural base through the use of trees 13
42	42	planted in an agroforestry configuration to 14
43	43	accommodate alley cropping, forested -riparian 15
44	44	buffers, silvopasture and windbreaks. ] 16
45	45	[252.306. As used in sections 252.300 to 1
46	46	252.333, the following terms shall mean: 2
47	47	(1) "Alley cropping", planting rows of 3
48	48	trees at wide spacings and cropping the 4
49	49	alleyways; 5
50	50	(2) "Conservation reserve program", the 6
51	51	conservation reserve program authorized by the 7
52	52	Federal Food Security Act of 1985, as amended, 8
53	53	(Title XII, P.L. 99-198), or its successor 9
54	54	program; 10
55	55	(3) "Department", the Missouri department 11
56	56	of conservation; 12
57	57	(4) "Director", the director of the 13
58	58	Missouri department of conservation; 14
59	59	(5) "Eligible land", agricultural land 15
60	60	which is susceptible to soil erosion that has a 16
61	61	recent cropping history, marginal pastureland, 17
62	62	land surrounding livestock enclosures and 18
63	63	riparian zones; 19
64	64	(6) "Eligible practices", single or 20
65	65	multiple rows of trees, alone or combined with 21
66	66	other plants such as grass, conventional row 22
67	67	crops or horticulture crops, and animals located 23
68	68	at intervals of distance within or around 24
69	69	fields, around livestock enclosures, and along 25
70	70	streams and rivers, specifically designed to 26
71	71	provide production and environmental enhancement 27
72	72	benefits in accordance with the practices 28
73	73	identified in section 252.303; 29
74	74	(7) "Enhancement phase", the period of 30
75	75	time, not to exceed ten years, immediately 31
76	76	following the establishment phase, during which 32
77	77	payments are made by the state of Missouri to 33
78	78	landowners who use their eligible land for 34
79	79	agroforestry purposes as required by the 35
80	80	department; 36
81	81	(8) "Establishment phase", the period of 37
82	82	time during which eligible land is being 38
83	83	prepared for planting trees and developing 39 SB 790 3
84	84	agroforestry practices, as determined by the 40
85	85	director of the department; 41
86	86	(9) "Forested-riparian buffers", a 42
87	87	combination of trees and other vegetation 43
88	88	established parallel to streams and rivers; 44
89	89	(10) "Silvopasture", combining trees with 45
90	90	forage and livestock; 46
91	91	(11) "Windbreaks", planting single or 47
92	92	multiple rows of trees for protection and 48
93	93	enhanced production of crops and animals .] 49
94	94	[252.309. 1. The director may enter into 1
95	95	agreements with individual landowners to make 2
96	96	incentive payments during the enhancement phase 3
97	97	to landowners. Recipients of such payments 4
98	98	shall utilize the land for which such payment is 5
99	99	made for agroforestry purposes as required by 6
100	100	the director pursuant to sections 252.300 to 7
101	101	252.333. 8
102	102	2. The amount of state incentive payment 9
103	103	made to a landowner per acre of eligible land 10
104	104	shall be an amount which, when added to any cash 11
105	105	or in-kind net income produced by crops raised 12
106	106	on the land, is substantially equal to the 13
107	107	amount per acre previously paid or which would 14
108	108	have been paid to the landowner under the 15
109	109	federal conservation reserve program. 16
110	110	3. If an application made pursuant to 17
111	111	section 252.315 is approved by the director, the 18
112	112	director shall develop a schedule of annual 19
113	113	payments to be made by the state. 20
114	114	4. The state shall not make any payment to 21
115	115	a landowner to maintain the use of eligible land 22
116	116	during the enhancement ph ase for agroforestry 23
117	117	purposes after ten years have elapsed since the 24
118	118	first such incentive payment is made. ] 25
119	119	[252.312. The state payments provided for 1
120	120	in sections 252.309, 252.330, and 252.333 may be 2
121	121	made from funds available to the department of 3
122	122	conservation, soil conservation funds made 4
123	123	available by the department of natural resources 5
124	124	from the tax imposed by Sections 47(a), 47(b) 6
125	125	and 47(c) of Article IV of the Constitution of 7
126	126	Missouri, funds appropriated by the general 8 SB 790 4
127	127	assembly for that purpose, grants, bequests or 9
128	128	gifts, or any combination thereof. ] 10
129	129	[252.315. 1. To participate in the 1
130	130	program, the landowner shall make application to 2
131	131	the director in writing. The written 3
132	132	application shall show the number of acres to be 4
133	133	placed in the program and that the land which is 5
134	134	to be placed in the agroforestry program meets 6
135	135	the eligibility requirements of this section. 7
136	136	The application shall also contain a detailed 8
137	137	plan of the landowner's proposal to meet the 9
138	138	requirements of sections 252.300 to 252.333, 10
139	139	including the type and number of trees to be 11
140	140	planted, established, or managed, the type of 12
141	141	compatible grass, other crops and such other 13
142	142	information as may be deemed necessary. The 14
143	143	number of trees required to satisfy eligibility 15
144	144	may vary with agroforestry practice, but in each 16
145	145	case shall be a sufficient number to guarantee 17
146	146	the success of the practice and shall be 18
147	147	consistent with standards established for each 19
148	148	practice. 20
149	149	2. The director shall review each 21
150	150	application. In reviewing the application the 22
151	151	director shall determine the type or types of 23
152	152	soil located in the area of the land proposed to 24
153	153	be included in the agroforestry program and 25
154	154	shall apply the land capability classification 26
155	155	system to determine the potential or limitations 27
156	156	of the land for inclusion in the program. 28
157	157	Before the director acts upon the application, 29
158	158	an on-site inspection shall be made by a 30
159	159	representative of the department of conservation 31
160	160	or its approved agent. The inspecting 32
161	161	representative shall attest to the efficacy of 33
162	162	the agroforestry plan to be used, the number of 34
163	163	acres to be placed under agroforestry 35
164	164	management, the species and number of trees to 36
165	165	be planted, established, or managed, and other 37
166	166	crop components of the proposed program. After 38
167	167	the report of the on -site inspector and the 39
168	168	review by the director, the director shall 40
169	169	determine the landowner's eligibility to 41 SB 790 5
170	170	participate in the agroforestry program and 42
171	171	shall determine the amount of cost sharing, 43
172	172	including in-kind and labor components, for the 44
173	173	landowner. If the director fails to approve an 45
174	174	application, the aggrieved landowner may request 46
175	175	a hearing before the conservation commission or 47
176	176	its authorized representative within thirty days 48
177	177	of notice to the landowner of the failure of the 49
178	178	conservation department to approve the 50
179	179	application, or the landowner may proceed under 51
180	180	the provisions of section 536.150 as if the act 52
181	181	of the conservation department was one not 53
182	182	subject to administrative review. If an action 54
183	183	is brought pursuant to section 536.150, venue 55
184	184	shall be in Cole County. ] 56
185	185	[252.318. 1. All land participating in 1
186	186	the agroforestry program shall be inspected 2
187	187	annually by a representative of the director, to 3
188	188	ensure that the land continues to comply with 4
189	189	the requirements of sections 252.300 to 252.333 5
190	190	and that practice specifications are being 6
191	191	maintained in accordance with applicable rules 7
192	192	and regulations. 8
193	193	2. If the annual inspection determines 9
194	194	that the land is no longer in compliance with 10
195	195	the provisions of sections 252.300 to 252.333 or 11
196	196	with the rules and regulations promulgated 12
197	197	pursuant to the provisions of sections 252.300 13
198	198	to 252.333, the director shall notify the 14
199	199	landowner of that fact and shall detail the 15
200	200	specifics in which the land fails to meet the 16
201	201	requirements. The landowner may respond to the 17
202	202	notice within thirty days of receipt, either by 18
203	203	contesting the inspection report or by providing 19
204	204	the director with a proposal to correct the 20
205	205	problems which form the basis of the notice. If 21
206	206	the landowner contests the findings of the 22
207	207	annual inspection, the aggrieved landowner may 23
208	208	request a hearing before the conservation 24
209	209	commission or its authorized representative or 25
210	210	the landowner may proceed under the p rovisions 26
211	211	of section 536.150, as if the act of the 27
212	212	conservation department was one not subject to 28 SB 790 6
213	213	administrative review. If an action is brought 29
214	214	pursuant to section 536.150, venue shall be in 30
215	215	Cole County. If the landowner provides the 31
216	216	director with a proposal to correct the problems 32
217	217	which form the basis of the notice, the director 33
218	218	shall review the proposal and, if the director 34
219	219	finds such proposal acceptable, shall allow the 35
220	220	landowner to implement the proposal to correct 36
221	221	the alleged problems and shall not suspend the 37
222	222	annual payment to the landowner under the 38
223	223	provisions of sections 252.300 to 252.333. If 39
224	224	the landowner is unable or unwilling to correct 40
225	225	the alleged problems in a manner acceptable to 41
226	226	the director, the landowner shall not receiv e 42
227	227	the subsequent payments due under the provisions 43
228	228	of sections 252.300 to 252.333. ] 44
229	229	[252.321. The University of Missouri 1
230	230	center for agroforestry and extension service, 2
231	231	in consultation with the director, shall 3
232	232	establish agroforestry demonstration areas, and 4
233	233	develop and deliver the educational components 5
234	234	of sections 252.300 to 252.333. ] 6
235	235	[252.324. 1. The director may promulgate 1
236	236	rules and regulations necessary to carry out the 2
237	237	provisions of sections 252.300 to 2 52.333. 3
238	238	Before promulgating any such rule, the director 4
239	239	shall seek the advice and comments of the 5
240	240	University of Missouri college of agriculture, 6
241	241	the University of Missouri center for 7
242	242	agroforestry, the University of Missouri 8
243	243	extension service, the Mi ssouri department of 9
244	244	natural resources, private industry councils, 10
245	245	the Missouri department of economic development 11
246	246	and the Missouri department of agriculture. The 12
247	247	director may seek advice and comments before 13
248	248	promulgating rules and regulations from th e 14
249	249	United States Department of Agriculture and any 15
250	250	other entities deemed advisable by the 16
251	251	director. No rule or portion of a rule 17
252	252	promulgated under the authority of this chapter 18
253	253	shall become effective unless it has been 19
254	254	promulgated pursuant to the pro visions of 20
255	255	chapter 536. 21 SB 790 7
256	256	2. The Missouri department of conservation 22
257	257	may contract with the division of soil and water 23
258	258	conservation of the Missouri department of 24
259	259	natural resources for any administrative 25
260	260	functions required under the provisions of 26
261	261	sections 252.300 to 252.333. ] 27
262	262	[252.327. 1. The department of 1
263	263	conservation and the department of economic 2
264	264	development and the University of Missouri 3
265	265	college of agriculture shall, by each of the 4
266	266	dates specified in subsection 2 of this section, 5
267	267	jointly produce a report on the agroforestry 6
268	268	program which: 7
269	269	(1) Provides a status report on the 8
270	270	afforestation aspects of the agroforestry 9
271	271	program by presenting a forecast of anticipated 10
272	272	economic developments from the afforestation in 11
273	273	the state as a result of the agroforestry 12
274	274	program; 13
275	275	(2) Suggests public or private sector 14
276	276	initiatives that will potentially serve to 15
277	277	maximize the economic benefits for related new 16
278	278	development and expansion of existing businesses 17
279	279	resulting from the agroforestry program; 18
280	280	(3) Suggests methods to promote the 19
281	281	development of wood and other forestry related 20
282	282	products; 21
283	283	(4) Suggests public or private sector 22
284	284	initiatives or methods which will result in 23
285	285	significant increases in job opportunitie s and 24
286	286	employment. 25
287	287	2. The report shall be submitted to the 26
288	288	governor and to the general assembly by January 27
289	289	thirty-first of each of the following years: 28
290	290	1996, 2001, 2006, 2011, 2016, 2021, and 2026. ] 29
291	291	[252.330. During the establishment phase, 1
292	292	the director may pay for the planting of trees 2
293	293	on eligible land which is used for agroforestry 3
294	294	pursuant to sections 252.300 to 252.333. Such 4
295	295	payment shall be limited to expenses which are 5
296	296	determined to be reasonable and necessary by th e 6
297	297	director, but shall not exceed seventy -five 7
298	298	percent of the cost of establishment. ] 8 SB 790 8
299	299	[252.333. The director may make incentive 1
300	300	payments for agroforestry purposes of land 2
301	301	enrolled in this program. The duration of such 3
302	302	payments shall not exceed ten years. The 4
303	303	director may also expend funds to plant trees on 5
304	304	such land. Such expenditures may include both 6
305	305	planting and associated practices as determined 7
306	306	by the director.] 8
307	307	