,,ii #aahth ,,congress #ast ,session ,s4 #bica ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bf 7legislative day1 ,september #bb71 #bjbc,ms4 ,baldwin 7for herself and ,mr4 ,grassley7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,farm ,security and ,rural ,investment ,act of #bjjb to modify the ,rural ,energy for ,america ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,future ,farmland ,act of #bjbc4 #b4 ,definition of agrivoltaic system for ,,usda programs 7a7 ,in general ,the ,secretary of ,agriculture 7referred to in this section as the ,secretary7 shall incorporate the definition of the term agrivoltaic system under subsection 7b7 into all applicable programs of the ,department of ,agriculture relating to agrivoltaic systems4 7b7 ,definition of agrivoltaic system 7#a7 ,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 7#b71 the term agrivoltaic system means a system under which solar energy production and agricultural production1 including crop or animal production1 occurs in an integrated manner on the same piece of land through the duration of a solar project4 7#b7 ,subsequent definition 7,a7 ,in general ,based on the results of the study conducted under section #f7;a71 the ,secretary1 in consultation with the ,secretary of ,energy and farm and conservation groups1 shall develop a definition of the term agrivoltaic system for purposes of the incorporation of agrivoltaic systems into-- 7i7 ,federal agricultural conservation programs2 7ii7 ,federal agricultural risk management programs1 including ,federal crop insurance2 7iii7 ,federal renewable energy programs2 7iv7 ,federal agricultural procurement programs2 7v7 ,federal investment tax credits2 and 7vi7 such other programs as the ,secretary determines to be appropriate4 7,b7 ,considerations ,in developing the definition of agrivoltaic system under subparagraph 7,a71 the ,secretary shall consider-- 7i7 using or modifying the definition under paragraph 7#a72 7ii7 regional needs and variations in climate1 soils1 costs1 existing infrastructure1 and market access for agrivoltaic system products2 7iii7 existing ,state and local agrivoltaic system policies and definitions2 and 7iv7 such other factors as the ,secretary determines to be appropriate4 #c4 ,rural ,energy for ,america ,program ,section #ijjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7 is amended-- 7#a7 in subsection 7b77#c7-- 7,a7 in subparagraph 7,d71 by striking and environmental benefits2 7,b7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,f7 and 7,g71 respectively2 and 7,c7 by inserting after subparagraph 7,d7 the following3 7,e7 the expected environmental benefits and impacts of the proposed program2 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,a7 through 7,g7 as clauses 7i7 through 7vii71 respectively1 and indenting appropriately2 7ii7 in the matter preceding clause 7i7 7as so redesignated71 by striking the paragraph designation and heading and all that follows through ,in determining and inserting the following3 7#b7 ,award selection 7,a7 ,considerations ,in determining 2 7iii7 in subparagraph 7,a77iii7 7as so designated71 by inserting and impacts after benefits2 and 7iv7 by adding at the end the following3 7,b7 ,prioritization considerations for tier #c projects ,in selecting projects described in paragraph 7#d77;,d7 relating to a solar energy system to receive loan guarantees under this subsection1 the ,secretary shall give priority to projects for which a plan for soil1 water1 and vegetation management and conservation1 including a plan that includes an agrivoltaic system 7as defined in section #b of the ,protecting ,future ,farmland ,act of #bjbc71 has been developed4 2 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,e71 by striking tier ,i and inserting tier #a2 and 7ii7 by adding at the end the following3 7,f7 ,collection of data for tier #c ,the ,secretary shall collect data from each application submitted for a project described in subparagraph 7,d7 relating to a solar energy system1 which shall include1 with respect to the proposed project in the application-- 7i7 whether the proposed project involves ground disturbance2 7ii7 whether energy generation is primarily for on- or off-farm use2 7iii7 the percentage of farmland in the proposed facility area that is designated by the ,secretary as prime1 statewide important1 or unique farmland 7as those terms are defined in section #feg4f of title #g1 ,code of ,federal ,regulations 7or successor regulations772 and 7iv7 whether an agrivoltaic system 7as defined in section #b of the ,protecting ,future ,farmland ,act of #bjbc7 is planned4 2 and 7,c7 by adding at the end the following3 7#e7 ,report ,not later than #b years after the date of enactment of the ,protecting ,future ,farmland ,act of #bjbc1 the ,secretary shall submit to ,congress a report on the benefits and impacts of solar energy development on agricultural land1 including-- 7,a7 a description of opportunities to maximize-- 7i7 renewable energy deployment and usage2 and 7ii7 protection of agricultural land2 and 7,b7 by evaluating and using data collected under paragraph 7#d77;,f74 4 #d4 ,best practices guidance for solar energy land management 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,agriculture1 acting through the ,chief of the ,natural ,resources ,conservation ,service 7referred to in this section as the ,secretary71 in collaboration with the ,secretary of ,energy 7including the ,solar ,energy ,technologies ,office7 and the national office of the rural development mission area of the ,department of ,agriculture1 shall-- 7#a7 develop both national and regionally relevant guidance on best practices for protection of soil health and productivity during the siting1 construction1 operation1 and decommissioning of solar energy systems on agricultural land1 which shall include-- 7,a7 guidance for-- 7i7 soil carbon and soil health2 7ii7 water management2 7iii7 vegetation management1 including types of plants best suited for pollinators2 and 7iv7 other practices1 as determined appropriate by the ,secretary of ,agriculture2 and 7,b7 regional considerations for each type of guidance described in clauses 7i7 through 7iv7 of subparagraph 7,a72 and 7#b7 make the guidance developed under paragraph 7#a7 publicly available on the website of the ,natural ,resources ,conservation ,service4 7b7 ,review required ,the ,secretary1 acting through the ,chief of the ,natural ,resources ,conservation ,service1 in coordination with the ,secretary of ,energy1 shall-- 7#a7 update guidance developed under subsection 7a77#a7 not less frequently than once every #b years2 and 7#b7 ensure1 to the maximum extent practicable1 the completeness and relevance of that guidance4 7c7 ,consultation ,in conducting the review under subsection 7b71 the ,secretary shall consult with eligible participants1 ,state technical committees established under section #abfa7;a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chfa7;a771 crop consultants1 cooperative extension and land grant universities1 nongovernmental organizations1 industry1 and other qualified entities4 #e4 ,technical assistance 7a7 ,technical assistance under ,,nrcs programs ,in carrying out the conservation programs of the ,secretary of ,agriculture1 the ,secretary of ,agriculture may provide technical assistance under those programs to farmers growing crops below or in tandem with solar energy systems4 7b7 ,private grazing land conservation assistance ,section #abdj,m7c77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb7c77#a77 is amended-- 7#a7 in subparagraph 7,h71 by striking and at the end2 7#b7 in subparagraph 7,i71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,j7 supporting planning1 management1 and coordination of grazing in agrivoltaic systems 7as defined in section #b of the ,protecting ,future ,farmland ,act of #bjbc74 4 #f4 ,study on agrivoltaic systems 7a7 ,in general ,the ,secretary of ,agriculture 7referred to in this section as the ,secretary71 in coordination with the ,secretary of ,energy and relevant experts1 shall conduct a study on agrivoltaic systems that shall include-- 7#a7 a review of the current research and gaps in research relating to the regional compatibility of different species of livestock with different agrivoltaic system designs1 including-- 7,a7 the optimal height of and distance between solar panels for-- 7i7 livestock grazing2 and 7ii7 shade for livestock2 7,b7 manure management considerations2 7,c7 fencing requirements2 7,d7 other animal handling considerations2 and 7,e7 the incorporation of apiculture2 7#b7 an assessment of animal breeding research needs with respect to beneficial and compatible characteristics and behaviors of different species of grazing animals in agrivoltaic systems2 7#c7 a review of the current research and gaps in research relating to the regional compatibility of different crop types with different agrivoltaic system designs1 including-- 7,a7 the optimal height of and distance between solar panels for-- 7i7 plant shading2 and 7ii7 farm equipment use2 7,b7 the impact on crop yield2 and 7,c7 market opportunities to sell crops at a premium price2 7#d7 an assessment of plant breeding research needs with respect to beneficial and compatible characteristics of different crops1 including specialty and perennial crops1 in agrivoltaic systems2 7#e7 a risk-benefit analysis of agrivoltaic systems in different regions of the ,united ,states1 including a comparison between the total greenhouse gas impact of agrivoltaic systems and solar energy systems that displace agricultural production2 7#f7 an assessment of the economic scalability of agrivoltaic systems across different agricultural land types1 production systems1 and regional markets2 7#g7 an assessment of the types of agricultural land best suited and worst suited for agrivoltaic systems2 7#h7 an assessment of how to best develop agrivoltaic systems on a national and local scale consistent with-- 7,a7 maintaining or increasing agricultural production2 7,b7 increasing agricultural resilience2 7,c7 retaining prime farmland2 7,d7 increasing economic opportunities in farming and rural communities2 7,e7 reducing nonfarmer ownership of farmland2 and 7,f7 enhancing biodiversity2 7#i7 an assessment of the unique risk management and crop insurance needs of agrivoltaic systems2 7#aj7 an assessment of how ,federal procurement of agricultural products could help build a market for agricultural products from farms with agrivoltaic systems2 and 7#aa7 an assessment of appropriate modifications to better incorporate agrivoltaic systems into existing-- 7,a7 ,federal agricultural conservation programs2 7,b7 ,federal agricultural risk management programs1 including ,federal crop insurance2 7,c7 ,federal renewable energy programs2 7,d7 ,federal agricultural procurement programs2 and 7,e7 ,federal investment tax credits4 7b7 #e-,year plan ,based on the study under subsection 7a71 the ,secretary shall develop a #e-year plan for using the research1 extension1 outreach1 conservation1 and renewable energy activities of the ,department of ,agriculture to better support agrivoltaic systems that do not displace agricultural production4 7c7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report containing the results of the study conducted under subsection 7a74