S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

310896031496000/AM

April 22, 2026

ADOPTED		TABLED	CARRIED OVER	FAILED	RECONSIDERED

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5126  (Reference is to Printer's Date 04/21/26-S.)

04572000 

 Senators CLIMER, PEELER, OTT, JOHNSON, and STUBBS propose the following amendment (AM FARM ACCOUNTABILITY V.2):

 Amend the bill, as and if amended, Part IB, Section 44, DEPARTMENT OF AGRICULTURE, page 408, after line 18, by adding an appropriately numbered new proviso to read:

/ (AGRI: Farm Accountability and Resilience Measures Program) (A) Of the funds appropriated to the Department of Agriculture for the Farm Accountability and Resilience Measures Program, $30 million shall be allocated for staple row crop assistance and $5,000,000 shall be allocated for specialty crop assistance. The department is authorized to reallocate any unexpended or unobligated funds between these categories as necessary to maximize distribution to eligible producers; however, the agency shall prioritize full utilization within each category before reallocating funds. The program shall be administered in coordination with the United States Department of Agriculture Farm Service Agency (USDA FSA). The department shall utilize existing federal data and frameworks to the maximum extent practicable to ensure efficient and timely distribution of funds.

 (B) To be eligible for assistance under this proviso, a producer must: (1) be actively engaged in farming in South Carolina; (2) have planted acres or production data certified with USDA FSA or other verifiable records acceptable to the administering agency; (3) assume financial risk in the production of an eligible agricultural commodity; and (4) comply with conservation and eligibility requirements consistent with USDA FSA program standards.

 (C) Payments shall be made on a per-acre basis using FSA-certified planted acreage data. The program shall utilize a flat statewide per-acre payment rate across eligible row crop commodities, modeled on the federal Farm Bridge Assistance Program. Double crop acres, including all initial and subsequently planted crops, are eligible. Prevent plant acres are not eligible. The per-acre rate shall reflect approximately fifty percent of documented economic losses, subject to available funding and legislative proration.

 (D) A portion of the funds shall be allocated to establish a Specialty Crop Assistance component to provide payments to producers of fruits, vegetables, and other specialty crops grown in South Carolina. Payments for specialty crops shall be structured to mirror the federal Assistance for Specialty Crop Farmers framework, utilizing either a per-acre payment rate or a production-based or sales-based payment methodology, as determined by the administering agencies based on available and verifiable data. Where USDA FSA acreage data is not available, the agencies may rely on other verifiable records, including crop insurance data, state or federal program participation records, or certified producer documentation.

 (E) If total eligible requests exceed available funds, payments shall be prorated proportionally across all eligible applicants.

 (F) Total payments to any individual or legal entity shall not exceed one hundred thirty-five thousand dollars. Payment attribution, entity structuring, and actively engaged determinations shall be consistent with USDA FSA payment limitation rules.

 (G) Eligible commodities shall include, but are not limited to row crops, such as corn, cotton, soybeans, wheat, and peanuts; and specialty crops, including fruits, vegetables, as defined by the department consistent with federal program definitions.

 (H) Acreage, production, or revenue data shall be verified using USDA FSA records or other reliable data sources to minimize administrative burden and reduce fraud. The department may enter into data-sharing agreements as necessary to implement this proviso.

 (I) Administrative costs shall be minimized by leveraging existing state and federal resources. No new full-time equivalent positions (FTEs) shall be created to administer this program.

 (J) The department shall provide a report to the Chairmen of the Senate Finance Committee and House Ways and Means Committee no later than March 1, 2027, detailing total funds distributed; the number of recipients; distribution by commodity type, including specialty crops; the geographic distribution of funds; and any recommendations for future agricultural risk mitigation programs.

 (K) If the department determines that a person who received assistance provided inaccurate information, then the person shall refund the entire amount of the assistance. If the person does not refund the appropriate amount, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person. / 

 (L) From the funds under the control of the Coordinating Council for Economic Development, the Department of Commerce shall transfer $35 million to the Department of Agriculture by July 17 for this purpose.

 Renumber sections to conform.

 Amend sections, totals and title to conform.