118 S2931 IS: Protecting Future Farmland Act of 2023
U.S. Senate
2023-09-26
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EN
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II
118th CONGRESS
1st Session
S. 2931
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.
1.

Short title
This Act may be cited as the “Protecting Future Farmland Act of 2023”.
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.
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).”.
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.
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).”.
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).