[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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