II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Future 

5 Farmland Act of 2023’’. 

6 SEC. 2. DEFINITION OF AGRIVOLTAIC SYSTEM FOR USDA 

7 PROGRAMS. 

8 (a) IN GENERAL.—The Secretary of Agriculture (re9 ferred to in this section as the ‘‘Secretary’’) shall incorVerDate Sep 11 2014 06:53 Sep 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2931.IS S2931

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1 porate the definition of the term ‘‘agrivoltaic system’’ 

2 under subsection (b) into all applicable programs of the 

3 Department of Agriculture relating to agrivoltaic systems. 

4 (b) DEFINITION OF AGRIVOLTAIC SYSTEM.— 

5 (1) IN GENERAL.—Effective beginning on the 

6 date of enactment of this Act and ending on the 

7 date on which the Secretary develops a definition 

8 under paragraph (2), the term ‘‘agrivoltaic system’’ 

9 means a system under which solar energy production 

10 and agricultural production, including crop or ani11 mal production, occurs in an integrated manner on 

12 the same piece of land through the duration of a 

13 solar project. 

14 (2) SUBSEQUENT DEFINITION.— 

15 (A) IN GENERAL.—Based on the results of 

16 the study conducted under section 6(a), the 

17 Secretary, in consultation with the Secretary of 

18 Energy and farm and conservation groups, shall 

19 develop a definition of the term ‘‘agrivoltaic 

20 system’’ for purposes of the incorporation of 

21 agrivoltaic systems into— 

22 (i) Federal agricultural conservation 

23 programs; 


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1 (ii) Federal agricultural risk manage2 ment programs, including Federal crop in3 surance; 

4 (iii) Federal renewable energy pro5 grams; 

6 (iv) Federal agricultural procurement 

7 programs; 

8 (v) Federal investment tax credits; 

9 and 

10 (vi) such other programs as the Sec11 retary determines to be appropriate. 

12 (B) CONSIDERATIONS.—In developing the 

13 definition of ‘‘agrivoltaic system’’ under sub14 paragraph (A), the Secretary shall consider— 

15 (i) using or modifying the definition 

16 under paragraph (1); 

17 (ii) regional needs and variations in 

18 climate, soils, costs, existing infrastructure, 

19 and market access for agrivoltaic system 

20 products; 

21 (iii) existing State and local 

22 agrivoltaic system policies and definitions; 

23 and 

24 (iv) such other factors as the Sec25 retary determines to be appropriate. 


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1 SEC. 3. RURAL ENERGY FOR AMERICA PROGRAM. 

2 Section 9007 of the Farm Security and Rural Invest3 ment Act of 2002 (7 U.S.C. 8107) is amended— 

4 (1) in subsection (b)(3)— 

5 (A) in subparagraph (D), by striking ‘‘and 

6 environmental benefits’’; 

7 (B) by redesignating subparagraphs (E) 

8 and (F) as subparagraphs (F) and (G), respec9 tively; and 

10 (C) by inserting after subparagraph (D) 

11 the following: 

12 ‘‘(E) the expected environmental benefits 

13 and impacts of the proposed program;’’; and 

14 (2) in subsection (c)— 

15 (A) in paragraph (2)— 

16 (i) by redesignating subparagraphs 

17 (A) through (G) as clauses (i) through 

18 (vii), respectively, and indenting appro19 priately; 

20 (ii) in the matter preceding clause (i) 

21 (as so redesignated), by striking the para22 graph designation and heading and all that 

23 follows through ‘‘In determining’’ and in24 serting the following: 

25 ‘‘(2) AWARD SELECTION.— 

26 ‘‘(A) CONSIDERATIONS.—In determining’’; 


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1 (iii) in subparagraph (A)(iii) (as so 

2 designated), by inserting ‘‘and impacts’’ 

3 after ‘‘benefits’’; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(B) PRIORITIZATION CONSIDERATIONS

7 FOR TIER 3 PROJECTS.—In selecting projects 

8 described in paragraph (4)(D) relating to a 

9 solar energy system to receive loan guarantees 

10 under this subsection, the Secretary shall give 

11 priority to projects for which a plan for soil, 

12 water, and vegetation management and con13 servation, including a plan that includes an 

14 agrivoltaic system (as defined in section 2 of 

15 the Protecting Future Farmland Act of 2023), 

16 has been developed.’’; 

17 (B) in paragraph (4)— 

18 (i) in subparagraph (E), by striking 

19 ‘‘tier I’’ and inserting ‘‘tier 1’’; and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(F) COLLECTION OF DATA FOR TIER 3.— 

23 The Secretary shall collect data from each ap24 plication submitted for a project described in 

25 subparagraph (D) relating to a solar energy 


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1 system, which shall include, with respect to the 

2 proposed project in the application— 

3 ‘‘(i) whether the proposed project in4 volves ground disturbance; 

5 ‘‘(ii) whether energy generation is pri6 marily for on- or off-farm use; 

7 ‘‘(iii) the percentage of farmland in 

8 the proposed facility area that is des9 ignated by the Secretary as prime, state10 wide important, or unique farmland (as 

11 those terms are defined in section 657.6 of 

12 title 7, Code of Federal Regulations (or 

13 successor regulations)); and 

14 ‘‘(iv) whether an agrivoltaic system 

15 (as defined in section 2 of the Protecting 

16 Future Farmland Act of 2023) is 

17 planned.’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(5) REPORT.—Not later than 2 years after the 

20 date of enactment of the Protecting Future Farm21 land Act of 2023, the Secretary shall submit to Con22 gress a report on the benefits and impacts of solar 

23 energy development on agricultural land, including— 

24 ‘‘(A) a description of opportunities to 

25 maximize— 


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1 ‘‘(i) renewable energy deployment and 

2 usage; and 

3 ‘‘(ii) protection of agricultural land; 

4 and 

5 ‘‘(B) by evaluating and using data col6 lected under paragraph (4)(F).’’. 

7 SEC. 4. BEST PRACTICES GUIDANCE FOR SOLAR ENERGY 

8 LAND MANAGEMENT. 

9 (a) IN GENERAL.—Not later than 1 year after the 

10 date of enactment of this Act, the Secretary of Agri11 culture, acting through the Chief of the Natural Resources 

12 Conservation Service (referred to in this section as the 

13 ‘‘Secretary’’), in collaboration with the Secretary of En14 ergy (including the Solar Energy Technologies Office) and 

15 the national office of the rural development mission area 

16 of the Department of Agriculture, shall— 

17 (1) develop both national and regionally rel18 evant guidance on best practices for protection of 

19 soil health and productivity during the siting, con20 struction, operation, and decommissioning of solar 

21 energy systems on agricultural land, which shall in22 clude— 

23 (A) guidance for— 

24 (i) soil carbon and soil health; 

25 (ii) water management; 


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1 (iii) vegetation management, including 

2 types of plants best suited for pollinators; 

3 and 

4 (iv) other practices, as determined ap5 propriate by the Secretary of Agriculture; 

6 and 

7 (B) regional considerations for each type 

8 of guidance described in clauses (i) through (iv) 

9 of subparagraph (A); and 

10 (2) make the guidance developed under para11 graph (1) publicly available on the website of the 

12 Natural Resources Conservation Service. 

13 (b) REVIEW REQUIRED.—The Secretary, acting 

14 through the Chief of the Natural Resources Conservation 

15 Service, in coordination with the Secretary of Energy, 

16 shall— 

17 (1) update guidance developed under subsection 

18 (a)(1) not less frequently than once every 2 years; 

19 and 

20 (2) ensure, to the maximum extent practicable, 

21 the completeness and relevance of that guidance. 

22 (c) CONSULTATION.—In conducting the review under 

23 subsection (b), the Secretary shall consult with eligible 

24 participants, State technical committees established under 

25 section 1261(a) of the Food Security Act of 1985 (16 


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1 U.S.C. 3861(a)), crop consultants, cooperative extension 

2 and land grant universities, nongovernmental organiza3 tions, industry, and other qualified entities. 

4 SEC. 5. TECHNICAL ASSISTANCE. 

5 (a) TECHNICAL ASSISTANCE UNDER NRCS PRO6 GRAMS.—In carrying out the conservation programs of the 

7 Secretary of Agriculture, the Secretary of Agriculture may 

8 provide technical assistance under those programs to 

9 farmers growing crops below or in tandem with solar en10 ergy systems. 

11 (b) PRIVATE GRAZING LAND CONSERVATION ASSIST12 ANCE.—Section 1240M(c)(1) of the Food Security Act of 

13 1985 (16 U.S.C. 3839bb(c)(1)) is amended— 

14 (1) in subparagraph (H), by striking ‘‘and’’ at 

15 the end; 

16 (2) in subparagraph (I), by striking the period 

17 at the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(J) supporting planning, management, 

20 and coordination of grazing in agrivoltaic sys21 tems (as defined in section 2 of the Protecting 

22 Future Farmland Act of 2023).’’. 

23 SEC. 6. STUDY ON AGRIVOLTAIC SYSTEMS. 

24 (a) IN GENERAL.—The Secretary of Agriculture (re25 ferred to in this section as the ‘‘Secretary’’), in coordinaVerDate Sep 11 2014 03:23 Sep 28, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2931.IS S2931

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1 tion with the Secretary of Energy and relevant experts, 

2 shall conduct a study on agrivoltaic systems that shall in3 clude— 

4 (1) a review of the current research and gaps 

5 in research relating to the regional compatibility of 

6 different species of livestock with different 

7 agrivoltaic system designs, including— 

8 (A) the optimal height of and distance be9 tween solar panels for— 

10 (i) livestock grazing; and 

11 (ii) shade for livestock; 

12 (B) manure management considerations; 

13 (C) fencing requirements; 

14 (D) other animal handling considerations; 

15 and 

16 (E) the incorporation of apiculture; 

17 (2) an assessment of animal breeding research 

18 needs with respect to beneficial and compatible char19 acteristics and behaviors of different species of graz20 ing animals in agrivoltaic systems; 

21 (3) a review of the current research and gaps 

22 in research relating to the regional compatibility of 

23 different crop types with different agrivoltaic system 

24 designs, including— 


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1 (A) the optimal height of and distance be2 tween solar panels for— 

3 (i) plant shading; and 

4 (ii) farm equipment use; 

5 (B) the impact on crop yield; and 

6 (C) market opportunities to sell crops at a 

7 premium price; 

8 (4) an assessment of plant breeding research 

9 needs with respect to beneficial and compatible char10 acteristics of different crops, including specialty and 

11 perennial crops, in agrivoltaic systems; 

12 (5) a risk-benefit analysis of agrivoltaic systems 

13 in different regions of the United States, including 

14 a comparison between the total greenhouse gas im15 pact of agrivoltaic systems and solar energy systems 

16 that displace agricultural production; 

17 (6) an assessment of the economic scalability of 

18 agrivoltaic systems across different agricultural land 

19 types, production systems, and regional markets; 

20 (7) an assessment of the types of agricultural 

21 land best suited and worst suited for agrivoltaic sys22 tems; 

23 (8) an assessment of how to best develop 

24 agrivoltaic systems on a national and local scale con25 sistent with— 


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1 (A) maintaining or increasing agricultural 

2 production; 

3 (B) increasing agricultural resilience; 

4 (C) retaining prime farmland; 

5 (D) increasing economic opportunities in 

6 farming and rural communities; 

7 (E) reducing nonfarmer ownership of 

8 farmland; and 

9 (F) enhancing biodiversity; 

10 (9) an assessment of the unique risk manage11 ment and crop insurance needs of agrivoltaic sys12 tems; 

13 (10) an assessment of how Federal procurement 

14 of agricultural products could help build a market 

15 for agricultural products from farms with agrivoltaic 

16 systems; and 

17 (11) an assessment of appropriate modifications 

18 to better incorporate agrivoltaic systems into exist19 ing— 

20 (A) Federal agricultural conservation pro21 grams; 

22 (B) Federal agricultural risk management 

23 programs, including Federal crop insurance; 

24 (C) Federal renewable energy programs; 


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1 (D) Federal agricultural procurement pro2 grams; and 

3 (E) Federal investment tax credits. 

4 (b) 5-YEAR PLAN.—Based on the study under sub5 section (a), the Secretary shall develop a 5-year plan for 

6 using the research, extension, outreach, conservation, and 

7 renewable energy activities of the Department of Agri8 culture to better support agrivoltaic systems that do not 

9 displace agricultural production. 

10 (c) REPORT.—Not later than 3 years after the date 

11 of enactment of this Act, the Secretary shall submit to 

12 the Committee on Agriculture of the House of Representa13 tives and the Committee on Agriculture, Nutrition, and 

14 Forestry of the Senate a report containing the results of 

15 the study conducted under subsection (a). 

Æ 


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