[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7391 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7391
To require the Secretary of Agriculture to carry out a study and
research and demonstration on agrivoltaic systems and to issue guidance
on best practices for protection of soil health and productivity during
the siting, construction, operation, and decommissioning of solar
energy systems on agricultural land.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2024
Mr. Sorensen (for himself, Ms. Pingree, and Ms. Crockett) introduced
the following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to carry out a study and
research and demonstration on agrivoltaic systems and to issue guidance
on best practices for protection of soil health and productivity during
the siting, construction, operation, and decommissioning of solar
energy systems on agricultural land.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing and Understanding our
National Renewable Agriculture Yields for Energy Act'' or the ``SUNRAY
for Energy Act''.
SEC. 2. AGRIVOLTAIC SYSTEMS.
(a) Definition of Agrivoltaic System.--
(1) In general.--The Secretary of Agriculture (referred to
in this section as the ``Secretary'') shall incorporate the
definition of the term ``agrivoltaic system'' under paragraph
(2) into all applicable programs of the Department of
Agriculture relating to agrivoltaic systems.
(2) Definition of agrivoltaic system.--
(A) In general.--The term ``agrivoltaic system''--
(i) means a system under which solar energy
production and agricultural production,
including crop or animal production, occurs in
an integrated manner on the same piece of land
through the duration of a solar project; and
(ii) includes any subsequent definition
developed under subparagraph (B).
(B) Subsequent definition.--
(i) In general.--The Secretary, in
consultation with the Secretary of Energy and
farm and conservation groups, shall develop a
definition of the term ``agrivoltaic system''
for purposes of the incorporation of
agrivoltaic systems into--
(I) Federal agricultural
conservation programs;
(II) Federal agricultural risk
management programs, including Federal
crop insurance;
(III) Federal renewable energy
programs;
(IV) Federal agricultural
procurement programs;
(V) Federal investment tax credits;
(VI) such other programs as the
Secretary determines to be appropriate;
and
(VII) the regulations of the
Secretary relating to the programs
described in subclauses (I) through
(VI).
(ii) Considerations.--In developing the
definition of ``agrivoltaic system'' under
clause (i), the Secretary shall consider--
(I) using or modifying the
definition under subparagraph (A)(i);
(II) regional needs and variations
in climate, soils, costs, existing
infrastructure, and market access for
agrivoltaic system products;
(III) existing State and local
agrivoltaic system policies and
definitions; and
(IV) such other factors as the
Secretary determines to be appropriate.
(b) Study.--
(1) In general.--The Secretary, in coordination with the
Secretary of Energy and relevant experts, shall conduct a study
on agrivoltaic systems that shall include--
(A) a review of the current research and gaps in
research relating to the regional compatibility of
different species of livestock with different
agrivoltaic panel and agrivoltaic system designs,
including--
(i) the optimal height of and distance
between solar panels for--
(I) livestock grazing; and
(II) shade for livestock;
(ii) manure management considerations;
(iii) fencing requirements;
(iv) other animal handling considerations;
and
(v) the incorporation of apiculture;
(B) an assessment of animal breeding research needs
with respect to beneficial and compatible
characteristics and behaviors of different species of
grazing animals in agrivoltaic systems;
(C) a review of the current research and gaps in
research relating to the regional compatibility of
different crop types with different agrivoltaic system
designs, including--
(i) the optimal height of and distance
between solar panels for--
(I) plant shading; and
(II) farm equipment use;
(ii) the impact on crop yield;
(iii) the impact on soil moisture and water
availability; and
(iv) market opportunities to sell crops at
a premium price;
(D) an assessment of plant breeding research needs
with respect to beneficial and compatible
characteristics of different crops, including specialty
and perennial crops, in agrivoltaic systems;
(E) a risk-benefit analysis of agrivoltaic systems
in different regions of the United States, including a
comparison between the total greenhouse gas impact of
agrivoltaic systems and solar energy systems that
displace agricultural production;
(F) an assessment of the economic scalability of
agrivoltaic systems across different agricultural land
types, production systems, and regional markets;
(G) an assessment of the types of agricultural land
best suited and worst suited for agrivoltaic systems;
(H) an assessment of how to best develop
agrivoltaic systems on a national and local scale
consistent with--
(i) maintaining or increasing agricultural
production;
(ii) increasing agricultural resilience;
(iii) retaining prime farmland;
(iv) increasing economic opportunities in
farming and rural communities;
(v) reducing nonfarmer ownership of
farmland; and
(vi) enhancing biodiversity;
(I) an assessment of the unique risk management and
crop insurance needs of agrivoltaic systems;
(J) an assessment of how Federal procurement of
agricultural products could help build a market for
agricultural products from farms with agrivoltaic
systems; and
(K) an assessment of appropriate modifications to
better incorporate agrivoltaic systems into existing
Federal--
(i) agricultural conservation programs;
(ii) agricultural risk management programs,
including Federal crop insurance;
(iii) renewable energy programs;
(iv) agricultural procurement programs; and
(v) investment tax credits.
(2) 5-year plan.--Based on the study under paragraph (1),
the Secretary shall develop a 5-year plan for using the
research, extension, outreach, conservation, and renewable
energy activities of the Department of Agriculture to better
support agrivoltaic systems that do not displace agricultural
production.
(3) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report containing the results of the study conducted
under paragraph (1).
(c) Agrivoltaic System Research and Demonstration.--
(1) In general.--The Secretary, acting through the
Administrator of the Agricultural Research Service and in
coordination with the Director of the National Institute of
Food and Agriculture and the relevant research programs of the
Department of Energy, shall establish and maintain a network of
research and demonstration sites operated by the Agricultural
Research Service to investigate and demonstrate agrivoltaic
systems in multiple regions of the United States, including
arid, semi-arid, and wet agricultural zones, that--
(A) increase agricultural productivity and
profitability;
(B) enhance agricultural resilience and the
capacity to mitigate and adapt to climate change;
(C) protect biodiversity; and
(D) increase economic opportunities in farming and
rural communities.
(2) Collaboration.--In establishing and maintaining the
network described in paragraph (1), the Secretary shall
collaborate with climate hubs of the Department of Agriculture
and extension programs to share research findings and translate
research findings into educational, outreach, and technical
assistance materials for agricultural producers, including
through cooperative agreements.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2024 through 2028.
SEC. 3. BEST PRACTICES GUIDANCE FOR SOLAR ENERGY LAND MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture, acting through the Chief of
the Natural Resources Conservation Service (referred to in this section
as the ``Secretary''), in collaboration with the Secretary of Energy
(including the Solar Energy Technologies Office) and the national
office of the rural development mission area of the Department of
Agriculture, shall--
(1) develop both national and regionally relevant guidance
on best practices for protection of soil health and
productivity during the siting, construction, operation, and
decommissioning of solar energy systems on agricultural land,
which shall include--
(A) guidance for--
(i) soil carbon and soil health;
(ii) water management;
(iii) vegetation management, including
types of plants best suited for pollinators;
and
(iv) other practices, as determined
appropriate by the Secretary of Agriculture;
and
(B) regional considerations for each type of
guidance described in clauses (i) through (iv) of
subparagraph (A); and
(2) make the guidance developed under paragraph (1)
publicly available on the website of the Natural Resources
Conservation Service.
(b) Review Required.--The Secretary, acting through the Chief of
the Natural Resources Conservation Service, in coordination with the
Secretary of Energy, shall--
(1) update guidance developed under subsection (a)(1) not
less frequently than once every 2 years; and
(2) ensure, to the maximum extent practicable, the
completeness and relevance of that guidance.
(c) Consultation.--In conducting the review under subsection (b),
the Secretary shall consult with eligible participants, State technical
committees established under section 1261(a) of the Food Security Act
of 1985 (16 U.S.C. 3861(a)), crop consultants, cooperative extension
and land grant universities, nongovernmental organizations, industry,
and other qualified entities.
<all>