Section 1 Short title
This Act may be cited as the “Securing Our Lands and Resources Act” or the “SOLAR Act”.
Securing Our Lands and Resources Act
A BILL
To limit USDA funding for ground-mounted solar energy systems, and for other purposes.
Sec. 2 Limitation on USDA funding for ground-mounted solar energy systems
Definitions— In this section:
Covered farmland— The term covered farmland has the meaning given in the term in section 1540(c)(1) of the Farmland Protection Policy Act (7 U.S.C. 4201(c)(1)).
Conversion— The term conversion means, with respect to covered farmland, any activity that results in the covered farmland failing to meet the requirements of a State (as defined in section 343 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991)) for agricultural production, activity, or use.
Secretary— The term Secretary means the Secretary of Agriculture.
In general— The Secretary may not provide financial assistance for a project that would result in the conversion of covered farmland for solar energy production.
Exception— Subsection (b) shall not apply to a project if the project—
results in the conversion of less than the greater of—
a de minimis amount of covered farmland for solar energy production relative to the total project area necessary for the success of the project, as determined by the Secretary, not to exceed 5 acres; or
1 acre of covered farmland; and
has received a resolution of approval or support, or other similar instrument from each county and municipality in which the project is sited.
Covered farmland protection—
Mitigation and remediation plan required— A person who has applied to the Secretary for financial assistance for a project that would result in the conversion of covered farmland for solar energy production and to which subsection (b) does not apply shall—
develop a mitigation and remediation plan for the project to—
implement best practices to protect future soil health and productivity, and mitigate soil erosion, compaction, and other effects of solar energy production during construction, operation, and decommissioning; and
remediate and restore the soil health of the farmland to that of the farmland before the solar energy production project construction; and
ensure that sufficient funds, as determined by the Secretary, are provided for the decommissioning of the solar energy production system and the remediation and restoration of covered farmland to carry out the mitigation and remediation plan described in subparagraph (A).
Obligation and disbursement of funds— The Secretary may obligate financial assistance for a project described in paragraph (1), but shall not disburse the financial assistance until the Secretary has determined that the applicant for the financial assistance has complied with paragraph (1).
Plan implementation— A person referred to in paragraph (1) shall carry out—
the provisions of the plan that are described in paragraph (1)(A)(i), on the receipt by the project of financial assistance from the Secretary and for the duration of solar energy production under the project; and
the provisions of the plan that are described in paragraph (1)(A)(ii), on the cessation of solar energy production under the project.
Compliance— A person who fails to comply with paragraph (3) with respect to a project shall repay to the Secretary the full amount of the financial assistance provided by the Secretary to the person for the project.