[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1778 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1778

   To require the Secretary of Agriculture to carry out a study and 
           research and demonstration on agrivoltaic systems.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 31 (legislative day, May 30), 2023

Mr. Heinrich (for himself and Mr. Braun) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Agriculture to carry out a study and 
           research and demonstration on agrivoltaic systems.

    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 ``Agrivoltaics Research and 
Demonstration Act of 2023''.

SEC. 2. AGRIVOLTAIC SYSTEMS.

    (a) Definition of Agrivoltaic System.--In this section, 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 project.
    (b) Study.--
            (1) 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--
                    (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).
            (4) Regulatory definition.--
                    (A) In general.--Based on the study under paragraph 
                (1), 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 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.
                    (B) Considerations.--In developing the definition 
                of ``agrivoltaic system'' under subparagraph (A), the 
                Secretary shall consider--
                            (i) using or modifying the definition 
                        described in subsection (a);
                            (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.
    (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 USDA Climate Hubs and extension programs to 
        share research findings and translate research findings into 
        educational, outreach, and technical assistance materials for 
        agricultural producers.
    (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.
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