Kentucky Sustainable Agriculture on Abandoned Mine Lands Act”

 “Kentucky Sustainable Agriculture on Abandoned Mine Lands Act”

Submitted by: The Future of Eastern Kentucky (TFEK)

SECTION 1. TITLE

This Act shall be known as the Kentucky Sustainable Agriculture on Abandoned Mine Lands Act.

SECTION 2. LEGISLATIVE FINDINGS

The General Assembly finds that:

1. Kentucky holds thousands of acres of Abandoned Mine Lands (AML) suitable for redevelopment under KRS 350.550–350.597 and the federal Surface Mining Control and Reclamation Act (SMCRA), Title IV.

2. Kentucky is a designated participant in the Abandoned Mine Land Economic Revitalization (AMLER) Program, which provides federal funding for community and economic uses of reclaimed mine lands, including agriculture, tourism, and green infrastructure.

3. Many rural and Appalachian communities experience increased food insecurity, lack of local agricultural production, and limited access to fresh foods.

4. Kentucky’s Energy & Environment Cabinet (EEC) and Division of Abandoned Mine Lands already possess legal authority to reclaim and repurpose AML properties but lack a unified statewide initiative for agricultural reuse.

5. Emerging technologies in controlled-environment agriculture, greenhouse production, regenerative soil management, and water-efficient systems make AML sites viable for year-round food production.

6. A coordinated statewide program will:

Promote food independence in rural Kentucky;

Create new agricultural jobs and entrepreneurship;

Increase economic diversification;

Reduce the impacts of supply-chain disruptions;

And accelerate the productive reuse of previously mined lands.

SECTION 3. PURPOSE

The purpose of this Act is to:

1. Establish a unified statewide program dedicated to converting reclaimed or reclaimable AML properties into community agriculture hubs, cooperative gardens, regenerative farms, and greenhouse facilities.

2. Coordinate federal, state, and private funding streams into a single accessible pathway for communities.

3. Enable nonprofits, local governments, and cooperatives—including the Future of Eastern Kentucky (TFEK)—to obtain access to AML properties for agricultural reuse.

4. Strengthen Kentucky’s long-term food resilience by promoting local, sustainable food production.

5. Encourage environmentally sound remediation and soil enhancement practices consistent with 405 KAR Chapters 8 and 18.

SECTION 4. CREATION OF THE KENTUCKY AML SUSTAINABLE AGRICULTURE PROGRAM

A new program is hereby established within the Energy & Environment Cabinet, Division of Abandoned Mine Lands, to be known as the:

Kentucky AML Sustainable Agriculture Program (K-ASAP).

The Cabinet shall:

1. Identify suitable AML properties for agricultural redevelopment.

2. Maintain a public-access database of eligible AML parcels, including soil condition, reclamation status, hydrologic issues, and access points.

3. Establish application and leasing procedures for nonprofits, cooperatives, local governments, and educational institutions seeking to use AML for agriculture.

4. Coordinate environmental assessment needs with the EPA Brownfields Program, including Phase I/II assessments and liability protections.

5. Develop soil remediation and reclamation standards necessary to prepare land for agricultural use.

6. Provide technical assistance to applicants on compliance with KRS 350.550–350.597 and applicable administrative regulations.

SECTION 5. FEDERAL & STATE FUNDING COORDINATION

The Energy & Environment Cabinet shall create a unified grant and technical assistance pipeline that integrates:

1. Federal AMLER funding for reclamation and redevelopment.

2. EPA Brownfields Assessment and Cleanup grants for testing and remediation.

3. USDA urban and innovative agriculture programs, including UAIP and NRCS high-tunnel, composting, and soil programs.

4. Partnerships with Kentucky CDFIs, regional development authorities, and philanthropic foundations for matching funds or low-interest financing.

The Cabinet shall assist applicants in assembling multi-source funding packages for project implementation.

SECTION 6. AUTHORIZED AGRICULTURAL USES

AML properties made available under this Act may be used for:

1. Community garden co-ops and shared growing spaces;

2. Greenhouse and high-tunnel agriculture;

3. Controlled-environment agriculture (CEA), including hydroponics and aeroponics;

4. Composting facilities, soil regeneration, and regenerative agriculture training;

5. Educational and workforce training centers operated by schools or nonprofits;

6. Food distribution hubs, farmers markets, or cooperative produce processing centers;

7. Water capture and irrigation systems compatible with reclamation and KAR requirements.

SECTION 7. LAND TRANSFER AND LEASING AUTHORITY

1. The Cabinet may lease, license, or transfer AML properties to qualifying entities consistent with KRS 350.570 and applicable federal authority.

2. Priority shall be given to:

Nonprofit organizations, including The Future of Eastern Kentucky (TFEK);

Local governments;

Agricultural cooperatives;

Educational institutions;

Food-security organizations.

3. Lease terms may be offered at reduced or zero cost when projects demonstrate community benefit, food-security impact, or economic development potential.

SECTION 8. REPORTING REQUIREMENTS

The Energy & Environment Cabinet shall submit an annual report to the Legislative Research Commission detailing:

Number and location of AML parcels converted to agricultural use;

Amount of AMLER, EPA, USDA, and private funds leveraged;

Measurable outcomes in economic development, food production, and jobs created;

Recommendations for program expansion.

SECTION 9. EMERGENCY DECLARATION (OPTIONAL)

In recognition of rising food costs and supply-chain vulnerabilities, the General Assembly may declare this Act an emergency, enabling immediate implementation upon passage.

SECTION 10. EFFECTIVE DATE

This Act shall take effect upon approval by the Governor.