[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2931 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2931
To amend the Farm Security and Rural Investment Act of 2002 to modify
the Rural Energy for America Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26 (legislative day, September 22), 2023
Ms. Baldwin (for herself and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Farm Security and Rural Investment Act of 2002 to modify
the Rural Energy for America Program, and for other purposes.
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 ``Protecting Future Farmland Act of
2023''.
SEC. 2. DEFINITION OF AGRIVOLTAIC SYSTEM FOR USDA PROGRAMS.
(a) In General.--The Secretary of Agriculture (referred to in this
section as the ``Secretary'') shall incorporate the definition of the
term ``agrivoltaic system'' under subsection (b) into all applicable
programs of the Department of Agriculture relating to agrivoltaic
systems.
(b) Definition of Agrivoltaic System.--
(1) In general.--Effective beginning on the date of
enactment of this Act and ending on the date on which the
Secretary develops a definition under paragraph (2), the term
``agrivoltaic system'' 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.
(2) Subsequent definition.--
(A) In general.--Based on the results of the study
conducted under section 6(a), 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; and
(vi) such other programs as the Secretary
determines to be appropriate.
(B) Considerations.--In developing the definition
of ``agrivoltaic system'' under subparagraph (A), the
Secretary shall consider--
(i) using or modifying the definition under
paragraph (1);
(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.
SEC. 3. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (D), by striking ``and
environmental benefits'';
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(C) by inserting after subparagraph (D) the
following:
``(E) the expected environmental benefits and
impacts of the proposed program;''; and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (A)
through (G) as clauses (i) through (vii),
respectively, and indenting appropriately;
(ii) in the matter preceding clause (i) (as
so redesignated), by striking the paragraph
designation and heading and all that follows
through ``In determining'' and inserting the
following:
``(2) Award selection.--
``(A) Considerations.--In determining'';
(iii) in subparagraph (A)(iii) (as so
designated), by inserting ``and impacts'' after
``benefits''; and
(iv) by adding at the end the following:
``(B) Prioritization considerations for tier 3
projects.--In selecting projects described in paragraph
(4)(D) relating to a solar energy system to receive
loan guarantees under this subsection, the Secretary
shall give priority to projects for which a plan for
soil, water, and vegetation management and
conservation, including a plan that includes an
agrivoltaic system (as defined in section 2 of the
Protecting Future Farmland Act of 2023), has been
developed.'';
(B) in paragraph (4)--
(i) in subparagraph (E), by striking ``tier
I'' and inserting ``tier 1''; and
(ii) by adding at the end the following:
``(F) Collection of data for tier 3.--The Secretary
shall collect data from each application submitted for
a project described in subparagraph (D) relating to a
solar energy system, which shall include, with respect
to the proposed project in the application--
``(i) whether the proposed project involves
ground disturbance;
``(ii) whether energy generation is
primarily for on- or off-farm use;
``(iii) the percentage of farmland in the
proposed facility area that is designated by
the Secretary as prime, statewide important, or
unique farmland (as those terms are defined in
section 657.6 of title 7, Code of Federal
Regulations (or successor regulations)); and
``(iv) whether an agrivoltaic system (as
defined in section 2 of the Protecting Future
Farmland Act of 2023) is planned.''; and
(C) by adding at the end the following:
``(5) Report.--Not later than 2 years after the date of
enactment of the Protecting Future Farmland Act of 2023, the
Secretary shall submit to Congress a report on the benefits and
impacts of solar energy development on agricultural land,
including--
``(A) a description of opportunities to maximize--
``(i) renewable energy deployment and
usage; and
``(ii) protection of agricultural land; and
``(B) by evaluating and using data collected under
paragraph (4)(F).''.
SEC. 4. 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.
SEC. 5. TECHNICAL ASSISTANCE.
(a) Technical Assistance Under NRCS Programs.--In carrying out the
conservation programs of the Secretary of Agriculture, the Secretary of
Agriculture may provide technical assistance under those programs to
farmers growing crops below or in tandem with solar energy systems.
(b) Private Grazing Land Conservation Assistance.--Section
1240M(c)(1) of the Food Security Act of 1985 (16 U.S.C. 3839bb(c)(1))
is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(J) supporting planning, management, and
coordination of grazing in agrivoltaic systems (as
defined in section 2 of the Protecting Future Farmland
Act of 2023).''.
SEC. 6. STUDY ON AGRIVOLTAIC SYSTEMS.
(a) In General.--The Secretary of Agriculture (referred to in this
section as the ``Secretary''), in coordination with the Secretary of
Energy and relevant experts, shall conduct a study on agrivoltaic
systems that shall include--
(1) a review of the current research and gaps in research
relating to the regional compatibility of different species of
livestock with different agrivoltaic system designs,
including--
(A) the optimal height of and distance between
solar panels for--
(i) livestock grazing; and
(ii) shade for livestock;
(B) manure management considerations;
(C) fencing requirements;
(D) other animal handling considerations; and
(E) the incorporation of apiculture;
(2) 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;
(3) 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--
(A) the optimal height of and distance between
solar panels for--
(i) plant shading; and
(ii) farm equipment use;
(B) the impact on crop yield; and
(C) market opportunities to sell crops at a premium
price;
(4) 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;
(5) 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;
(6) an assessment of the economic scalability of
agrivoltaic systems across different agricultural land types,
production systems, and regional markets;
(7) an assessment of the types of agricultural land best
suited and worst suited for agrivoltaic systems;
(8) an assessment of how to best develop agrivoltaic
systems on a national and local scale consistent with--
(A) maintaining or increasing agricultural
production;
(B) increasing agricultural resilience;
(C) retaining prime farmland;
(D) increasing economic opportunities in farming
and rural communities;
(E) reducing nonfarmer ownership of farmland; and
(F) enhancing biodiversity;
(9) an assessment of the unique risk management and crop
insurance needs of agrivoltaic systems;
(10) an assessment of how Federal procurement of
agricultural products could help build a market for
agricultural products from farms with agrivoltaic systems; and
(11) an assessment of appropriate modifications to better
incorporate agrivoltaic systems into existing--
(A) Federal agricultural conservation programs;
(B) Federal agricultural risk management programs,
including Federal crop insurance;
(C) Federal renewable energy programs;
(D) Federal agricultural procurement programs; and
(E) Federal investment tax credits.
(b) 5-Year Plan.--Based on the study under subsection (a), 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.
(c) 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 subsection (a).
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