H.R. 7391

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7391 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. R. 7391

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 15, 2024

Mr. Sorensen (for himself, Ms. Pingree, and Ms. Crockett) introduced 
the following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

A BILL

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

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 ``Securing and Understanding our 
National Renewable Agriculture Yields for Energy Act'' or the ``SUNRAY 
for Energy Act''.

SEC. 2. AGRIVOLTAIC SYSTEMS.

(a) Definition of Agrivoltaic System.--
(1) In general.--The Secretary of Agriculture (referred to 
in this section as the ``Secretary'') shall incorporate the 
definition of the term ``agrivoltaic system'' under paragraph 
(2) into all applicable programs of the Department of 
Agriculture relating to agrivoltaic systems.
(2) Definition of agrivoltaic system.--
(A) In general.--The term ``agrivoltaic system''--
(i) 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; and
(ii) includes any subsequent definition 
developed under subparagraph (B).
(B) Subsequent definition.--
(i) In general.--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;
(VI) such other programs as the 
Secretary determines to be appropriate; 
and
(VII) the regulations of the 
Secretary relating to the programs 
described in subclauses (I) through 
(VI).
(ii) Considerations.--In developing the 
definition of ``agrivoltaic system'' under 
clause (i), the Secretary shall consider--
(I) using or modifying the 
definition under subparagraph (A)(i);
(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.
(b) Study.--
(1) In general.--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).
(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 climate hubs of the Department of Agriculture 
and extension programs to share research findings and translate 
research findings into educational, outreach, and technical 
assistance materials for agricultural producers, including 
through cooperative agreements.
(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.

SEC. 3. 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.
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