[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7391 Introduced in House (IH)]

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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.
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