SB 688: Agrivoltaic systems: grant funding.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-06-30
Current Status:
Failed
(2023-09-01: September 1 hearing: Held in committee and under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill directs the California Energy Commission to run grant-funded research and pilot projects on agrivoltaic systems — raised solar panels over working farmland that allow crops, livestock, and solar energy to coexist — affecting farmers, universities, community colleges, and nonprofits. Grants must study economic, social, crop, soil, water, wildlife, and energy impacts and whether agrivoltaics lessen extreme heat harm to crops, livestock, and farmworkers; the commission must set eligibility rules with the Department of Food and Agriculture, evaluate results, publish findings, and preserve agricultural land designation for participating farms.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the State Energy Resources Conservation and Development Commission to undertake various actions in furtherance of meeting the states clean energy and pollution reduction objectives.
This bill, contingent upon an appropriation for its purposes, would require the commission to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems, study the impacts of agrivoltaic systems on farms, on the states agricultural economy, and on electricity generated from solar panels, and study the potential of agrivoltaic systems to reduce the impact of extreme heat on crops, livestock, and agricultural workers. The bill would require the commission, in consultation with the Department of Food and Agriculture, to develop guidelines and criteria for determining a projects eligibility for grant funding and to take certain actions for purposes of the grant program. The bill would require the commission to conduct an evaluation of the grant program, as specified, and make the evaluation publicly available on its internet website.
Existing law requires the State Energy Resources Conservation and Development Commission to undertake various actions in furtherance of meeting the states clean energy and pollution reduction objectives.
This bill, contingent upon an appropriation for its purposes, would require the commission to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems and systems, study the impacts of agrivoltaic systems on farms, on the states agricultural economy, and on electricity generated from solar panels. panels, and study the potential of agrivoltaic systems to reduce the impact of extreme heat on crops, livestock, and agricultural workers. The bill would require the commission, in consultation with the Department of Food and Agriculture, to develop guidelines and criteria for determining a projects eligibility for grant funding. funding and to take certain actions for purposes of the grant program. The bill would require the commission to conduct an evaluation of the grant program, as specified, and make the evaluation publicly available on its internet website.
Existing law requires the State Energy Resources Conservation and Development Commission to undertake various actions in furtherance of meeting the states clean energy and pollution reduction objectives.
This bill, contingent upon an appropriation for its purposes, would require the commission to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems and study the impacts of agrivoltaic systems on farms farms, on the states agricultural economy, and on electricity generated from solar panels. The bill would require the commission, in consultation with the Department of Food and Agriculture, to develop guidelines defining agrivoltaic systems and criteria for determining a projects eligibility for grant funding. The bill would require the commission to conduct an evaluation of the grant program, as specified, and make the evaluation publicly available on its internet website.
The Williamson Act authorizes a city or county to contract with a landowner to limit the use of land devoted to agricultural use or located in an agricultural preserve designated by the city or county in exchange for reduced property tax assessments. This bill would specify that the use of land for an agrivoltaic system pursuant to the bills provisions is an agricultural use for purposes of the Williamson Act. The bill also would make numerous nonsubstantive changes to the provision defining terms for purposes of the act.Existing law requires the State Energy Resources Conservation and Development Commission to undertake various actions in furtherance of meeting the states clean energy and pollution reduction objectives.
This bill would state the policy of the state to promote the development of agrivoltaic systems, as defined, in furtherance of clean energy development, reducing emissions of greenhouse gases, working land conservation, and other state priorities. The bill would require the commission, in coordination with specified entities, to develop a strategic plan for agrivoltaic systems, as provided. The bill would require the commission to evaluate and quantify the maximum feasible capacity of agrivoltaic systems to achieve reliability, ratepayers, employment, and decarbonization benefits, and to establish megawatt agrivoltaic planning goals for 2030 and 2045. The bill would require the commission to assess the transmission investments and upgrades necessary to support the 2030 and 2045 goals. The bill would require the commission to develop and produce a permitting roadmap describing timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for agrivoltaic systems and associated electricity and transmission infrastructure.Existing law requires the commission to establish and administer the Climate Innovation Program to provide financial incentives to California-headquartered companies for developing and commercializing technologies that can either help California meet its greenhouse gas reduction targets and achieve its climate goals, or enable the state to be more resilient to the impacts of climate change, as specified. Existing law authorizes the commission to administer the Renewable Energy for Agriculture Program to provide grants that encourage the installation of renewable energy technologies serving agricultural operations to reduce emissions of greenhouse gases. Under existing law, the Department of Food and Agriculture established the State Water Efficiency and Enhancement Program to provide financial incentives to farmers to improve irrigation management in ways that save water and energy while reducing emissions of greenhouse gases.This bill would specify that agrivoltaic systems are eligible for funding under the above-described programs and other relevant programs administered by the commission or the department addressing the impacts of climate change.This bill, contingent upon an appropriation for its purposes, would require the commission to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems and study the impacts of agrivoltaic systems on farms and on electricity generated from solar panels. The bill would require the commission, in consultation with the Department of Food and Agriculture, to develop guidelines defining agrivoltaic systems and criteria for determining a projects eligibility for grant funding. The bill would require the commission to conduct an evaluation of the grant program, as specified, and make the evaluation publicly available on its internet website.
The Williamson Act authorizes a city or county to contract with a landowner to limit the use of land devoted to agricultural use or located in an agricultural preserve designated by the city or county in exchange for reduced property tax assessments.
This bill would specify that the use of land for an agrivoltaic system pursuant to the bills provisions is an agricultural use for purposes of the Williamson Act. The bill also would make numerous nonsubstantive changes to the provision defining terms for purposes of the act.
Existing law requires the State Energy Resources Conservation and Development Commission to undertake various actions in furtherance of meeting the states clean energy and pollution reduction objectives.
This bill would state the policy of the state to promote the development of agrivoltaic systems, as defined, in furtherance of clean energy development, reducing emissions of greenhouse gases, working land conservation, and other state priorities. The bill would require the commission, in coordination with specified entities, to develop a strategic plan for agrivoltaic systems, as provided. The bill would require the commission to evaluate and quantify the maximum feasible capacity of agrivoltaic systems to achieve reliability, ratepayers, employment, and decarbonization benefits, and to establish megawatt agrivoltaic planning goals for 2030 and 2045. The bill would require the commission to assess the transmission investments and upgrades necessary to support the 2030 and 2045 goals. The bill would require the commission to develop and produce a permitting roadmap describing timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for agrivoltaic systems and associated electricity and transmission infrastructure.
Existing law requires the commission to establish and administer the Climate Innovation Program to provide financial incentives to California-headquartered companies for developing and commercializing technologies that can either help California meet its greenhouse gas reduction targets and achieve its climate goals, or enable the state to be more resilient to the impacts of climate change, as specified. Existing law authorizes the commission to administer the Renewable Energy for Agriculture Program to provide grants that encourage the installation of renewable energy technologies serving agricultural operations to reduce emissions of greenhouse gases. Under existing law, the Department of Food and Agriculture established the State Water Efficiency and Enhancement Program to provide financial incentives to farmers to improve irrigation management in ways that save water and energy while reducing emissions of greenhouse gases.
This bill would specify that agrivoltaic systems are eligible for funding under the above-described programs and other relevant programs administered by the commission or the department addressing the impacts of climate change.
The Williamson Act authorizes a city or county to contract with a landowner to limit the use of land devoted to agricultural use or located in an agricultural preserve designated by the city or county in exchange for reduced property tax assessments.
This bill would specify that the use of land for an agrivoltaic system is an agricultural use for purposes of the Williamson Act. The bill also would make numerous nonsubstantive changes to the provision defining terms for purposes of the act.
The Legislature finds and declares all of the following:
(a)California should lead the nation in deployment of agrivoltaic systems, which are solar energy systems integrated into agricultural production within the same land area, also referred to as agrisolar or dual-use solar.
(b)Agrivoltaic systems enable farmers to harvest both agricultural products and solar energy from the same acre of land, improving overall land productivity. Important potential cobenefits include reduced water, fertilizer, and pesticide consumption, improved soil health and crop productivity, and meaningful revenue or energy cost savings for farmers.
(c)Agrivoltaics can promote California agriculture by helping farmers keep their land in productive agricultural use, rather than being converted to alternate land uses due to cost pressures, water availability, or commercial development.
(d)California faces significant energy reliability challenges and agrivoltaics offer an important use case for combined solar and energy storage systems, promoting energy resilience in rural communities, and protecting the food supply chain.
(e)Agrivoltaics offer a promising win-win solution that experts say could be applied across 8,100 square miles of United States farmland, mostly in the western states where irrigated agriculture is most common, generating 1,350 gigawatthours of clean electricity, which is more than enough to power every home in the country.(f)(e)Development of agrivoltaic systems can also further the goal of conservation of 30 percent of Californias working lands by 2030.
(g)(f)Agrivoltaic systems should be developed in a manner that protects agricultural lands and production of agricultural commodities. The state should use its authority under state programs and policies to ensure the avoidance, minimization, and mitigation of significant adverse impacts on working lands and agricultural production, and monitoring and adaptive management of agrivoltaic systems and their associated infrastructure.
SEC. 2.Section 25238 is added to the Public Resources Code, to read:25238.(a)For purposes of this section, the following definitions apply:
(1)Agrivoltaic system means a dual-use solar energy system and agricultural activities colocated in specified areas of land, whereby elevated solar photovoltaic panels are installed above active agricultural lands, at heights and configurations that ensure the simultaneous use of the land for agricultural activities beneath or between rows of solar photovoltaic panels.
(2)Limited-resource farmer or rancher has the same meaning as set forth in Section 760.107 of Title 7 of the Code of Federal Regulations.
(3)Socially disadvantaged farmer or rancher has the same meaning as set forth in Section 512 of the Food and Agricultural Code.
(b)(1)The commission shall award grants for agrivoltaic system projects pursuant to this section to support research and development in agrivoltaic systems.
(2)An agrivoltaic system project awarded grant funding pursuant to this section shall be used to study both of the following:
(A)The economic, social, energy, and agricultural productivity impacts of agrivoltaic systems on farms and the states agricultural economy, to the extent funding is available, in different regions of the state with different climate conditions, and to study the impact of agrivoltaic systems on electricity generated from solar panels.
(B)Agrivoltaic systems potential to reduce the impacts of extreme heat on crops, livestock, and agricultural workers.
(c)Eligible grant recipients include, but are not limited to, the University of California, the California State University, community colleges, and nonprofit organizations.
(d)The commission, in consultation with the Department of Food and Agriculture, shall develop guidelines and criteria for determining a projects eligibility for grant funding pursuant to this section.
(e)(1)The commission shall conduct an evaluation of the grant program. For purposes of the evaluation, the commission shall do all of the following:
(A)Monitor the quality of the agricultural output of farms with agrivoltaic systems.
(B)Consider the location and diversity of agricultural production operations throughout the state.
(C)Consider impacts on crop productivity, soil health, cultivation practices, photosynthetically active radiation (PAR), and microclimatic conditions across diverse farming systems and agrivoltaic system designs.
(D)Consider impacts and implications for the economy, including on-farm economics and the agricultural economy, and public welfare.
(E)Assess the states needs for both energy and food production, available land and existing land use competition, annual solar radiation, the percentage of ground covered by solar panels, and the available area per farm that is able to support an agrivoltaic system.
(F)Assess the role agrivoltaic systems could play in meeting the states energy, climate, and food production goals.
(G)Assess the feasibility, cost implications, and efficiency of agrivoltaic system technology, including potential energy yields from farmland with consideration for the states energy demands, increased land use efficiencies, potential reductions in the amount of water required for irrigation, and the potential impact on utility rates.
(H)Assess the cost of capital investments and potential cost implications considering the full lifespan of agrivoltaic system technology.
(I)Assess and make recommendations regarding solar design and crop layout and rotations for different climates within the state, to the extent funding is available.
(J)Assess irrigation practices and technology suitable for crops used under solar panels.
(K)Assess needs for harvesting under solar panels versus traditional agriculture.
(L)Identify an appropriate length of time for the grant program to ensure meaningful results.
(M)Assess the impacts of agrivoltaic systems on wildlife.
(N)Make recommendations for solar system design and crop layout and rotations for different climates within the state to maximize the benefits for agricultural use.
(O)Establish new crop-based suitability maps with agrivoltaic installations and identify areas most suited for dual use based on climate, soil, dominant crops, and socioeconomics.
(2)The commission shall make the evaluation described in this subdivision publicly available on the commissions internet website.
(f)The commission, in consultation with the Department of Food and Agriculture, shall do all both of the following for purposes of the grant program:
(1)Maximize Optimize the benefits of the grant program for farmland from projects provided grants pursuant to this section in terms of agricultural production and water savings. savings, and optimize energy generation from the projects, so long as the requirements of this paragraph do not reduce the research value of the projects.
(2)Optimize energy production for maximizing land productivity to achieve the maximum crop and energy production and save water.(3)(2)Collaborate with farmers in the development and implementation of the grant program, including, but not limited to, limited-resource farmers or ranchers and socially disadvantaged farmers or ranchers.
(4)Ensure that farmers and ranchers participating in the grant program do not lose designation of land used for an agrivoltaic system as land being used for agriculture and do not receive adverse tax treatment for participating in the grant program.(g)Notwithstanding any other law, land that is zoned for agricultural use or otherwise designated as agricultural land shall not lose that designation because of an agrivoltaic system project funded pursuant to this section.
(h)The implementation of this section is contingent upon an appropriation of funds by the Legislature in the annual Budget Act or another statute for purposes of this section.
The Legislature finds and declares all of the following:
(a)California should lead the nation in deployment of agrivoltaic systems, which are solar energy systems integrated into agricultural production within the same land area, also referred to as agrisolar or dual-use solar.
(b)Agrivoltaic systems enable farmers to harvest both agricultural products and solar energy from the same acre of land, improving overall land productivity. Important potential cobenefits include reduced water, fertilizer, and pesticide consumption, improved soil health and crop productivity, and meaningful revenue or energy cost savings for farmers.
(c)Agrivoltaics can promote California agriculture by helping farmers keep their land in productive agricultural use, rather than being converted to alternate land uses due to cost pressures, water availability, or commercial development.
(d)California faces significant energy reliability challenges and agrivoltaics offer an important use case for combined solar and energy storage systems, promoting energy resilience in rural communities, and protecting the food supply chain.
(e)Agrivoltaics offer a promising win-win solution that experts say could be applied across 8,100 square miles of United States farmland, mostly in the western states where irrigated agriculture is most common, generating 1,350 gigawatthours of clean electricity, which is more than enough to power every home in the country.
(f)Development of agrivoltaic systems can also further the goal of conservation of 30 percent of Californias working lands by 2030.
(g)Agrivoltaic systems should be developed in a manner that protects agricultural lands and production of agricultural commodities. The state should use its authority under state programs and policies to ensure the avoidance, minimization, and mitigation of significant adverse impacts on working lands and agricultural production, and monitoring and adaptive management of agrivoltaic systems and their associated infrastructure.
SEC. 2.Section 25238 is added to the Public Resources Code, to read:25238.(a)For purposes of this section, agrivoltaic the following definitions apply:
(1)Agrivoltaic system means a dual-use solar photovoltaic energy system and agricultural activities colocated in specified areas of land, whereby elevated solar photovoltaic panels are installed above active agricultural lands, at heights and configurations that ensure the simultaneous use of the land for agricultural activities beneath or between rows of solar photovoltaic panels.
(2)Limited-resource farmer or rancher has the same meaning as set forth in Section 760.107 of Title 7 of the Code of Federal Regulations.
(3)Socially disadvantaged farmer or rancher has the same meaning as set forth in Section 512 of the Food and Agricultural Code.
(b)(1)The commission shall award grants for agrivoltaic system projects pursuant to this section to support research and development in agrivoltaic systems.
(2)An agrivoltaic system project awarded grant funding pursuant to this section shall be used to study the both of the following:
(A)The economic, social, energy, and agricultural productivity impacts of agrivoltaic systems on farms and the states agricultural economy, to the extent funding is available, in different regions of the state with different climate conditions, and to study the impact of agrivoltaic systems on electricity generated from solar panels.
(B)Agrivoltaic systems potential to reduce the impacts of extreme heat on crops, livestock, and agricultural workers.
(c)Eligible grant recipients include, but are not limited to, the University of California, the California State University, and community colleges. community colleges, and nonprofit organizations.
(d)The commission, in consultation with the Department of Food and Agriculture, shall develop guidelines and criteria for determining a projects eligibility for grant funding pursuant to this section.
(e)(1)The commission shall conduct an evaluation of the grant program. For purposes of the evaluation, the commission shall do all of the following:
(A)Monitor the quality of the agricultural output of farms with agrivoltaic systems.
(B)Consider the location and diversity of agricultural production operations throughout the state.
(C)Consider impacts on crop productivity, soil health, cultivation practices, photosynthetically active radiation (PAR), and microclimatic conditions across diverse farming systems and agrivoltaic system designs.
(D)Consider impacts and implications for the economy, including on-farm economics and the agricultural economy, and public welfare.
(E)Assess the states needs for both energy and food production, available land and existing land use competition, annual solar radiation, the percentage of ground covered by solar panels, and the available area per farm that is able to support an agrivoltaic system.
(F)Assess the role agrivoltaic systems could play in meeting the states energy, climate, and food production goals.
(G)Assess the feasibility, cost implications, and efficiency of agrivoltaic system technology, including potential energy yields from farmland with consideration for the states energy demands, increased land use efficiencies, potential reductions in the amount of water required for irrigation, and the potential impact on utility rates.
(H)Assess the cost of capital investments and potential cost implications considering the full lifespan of agrivoltaic system technology.
(I)Assess and make recommendations regarding solar design and crop layout and rotations for different climates within the state, to the extent funding is available.
(J)Assess irrigation practices and technology suitable for crops used under solar panels.
(K)Assess needs for harvesting under solar panels versus traditional agriculture.
(L)Identify an appropriate length of time for the grant program to ensure meaningful results.
(M)Assess the impacts of agrivoltaic systems on wildlife.
(N)Make recommendations for solar system design and crop layout and rotations for different climates within the state to maximize the benefits for agricultural use.
(O)Establish new crop-based suitability maps with agrivoltaic installations and identify areas most suited for dual use based on climate, soil, dominant crops, and socioeconomics.
(2)The commission shall make the evaluation described in this subdivision publicly available on the commissions internet website.
(f)The commission, in consultation with the Department of Food and Agriculture, shall do all of the following for purposes of the grant program:
(1)Maximize the benefits of the grant program for farmland. farmland in terms of agricultural production and water savings.
(2)Maximize energy production from agrivoltaic system projects and cost savings for farms.(2)Optimize energy production for maximizing land productivity to achieve the maximum crop and energy production and save water.
(3)Collaborate with farmers in the development and implementation of the grant program. program, including, but not limited to, limited-resource farmers or ranchers and socially disadvantaged farmers or ranchers.
(4)Ensure that farmers and ranchers participating in the grant program do not lose designation of land used for an agrivoltaic system as land being used for agriculture and do not receive adverse tax treatment for participating in the grant program.
(g)Notwithstanding any other law, land that is zoned for agricultural use or otherwise designated as agricultural land shall not lose that designation because of an agrivoltaic system project funded pursuant to this section.
(h)The implementation of this section is contingent upon an appropriation of funds by the Legislature in the annual Budget Act or another statute for purposes of this section.
The Legislature finds and declares all of the following:
(a)California should lead the nation in deployment of agrivoltaic systems, which are solar energy systems integrated into agricultural production within the same land area, also referred to as agrisolar or dual-use solar.
(b)Agrivoltaic systems enable farmers to harvest both agricultural products and solar energy from the same acre of land, improving overall land productivity. Important potential cobenefits include reduced water, fertilizer, and pesticide consumption, improved soil health and crop productivity, and meaningful revenue or energy cost savings for farmers.
(c)Agrivoltaics can promote California agriculture by helping farmers keep their land in productive agricultural use, rather than being converted to alternate land uses due to cost pressures, water availability, or commercial development.
(d)California faces significant energy reliability challenges and agrivoltaics offer an important use case for combined solar and energy storage systems, promoting energy resilience in rural communities, and protecting the food supply chain.
(e)Agrivoltaics offer a promising win-win solution that experts say could be applied across 8,100 square miles of United States farmland, mostly in the western states where irrigated agriculture is most common, generating 1,350 gigawatthours of clean electricity, which is more than enough to power every home in the country.
(f)Development of agrivoltaic systems can also further the goal of conservation of 30 percent of Californias working lands by 2030.
(g)Agrivoltaic systems should be developed in a manner that protects agricultural lands and production of agricultural commodities. The state should use its authority under state programs and policies to ensure the avoidance, minimization, and mitigation of significant adverse impacts on working lands and agricultural production, and monitoring and adaptive management of agrivoltaic systems and their associated infrastructure.
SEC. 2.Section 51201 of the Government Code is amended to read:51201.As used in this chapter, unless otherwise apparent from the context, the following terms have the following meanings:(a)Agricultural commodity means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code.(b)Agricultural use means use of land, including, but not limited to, greenhouses, for the purpose of producing an agricultural commodity for commercial purposes. The use of land for an agrivoltaic system pursuant to Section 25237 of the Public Resources Code is an agricultural use.(c)Prime agricultural land means any of the following:(1)All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications.(2)Land that qualifies for rating 80 through 100 in the Storie Index Rating.(3)Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.(4)Land planted with fruit- or nut-bearing trees, vines, bushes, or crops that have a nonbearing period of less than five years and that will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre.(5)Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years.(d)Agricultural preserve means an area devoted to agricultural use as defined in subdivision (b), recreational use as defined in subdivision (n), open-space use as defined in subdivision (o), or any combination of those uses and that is established in accordance with this chapter.(e)Compatible use means any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by this act to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. Compatible use includes agricultural use, recreational use, or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational, or open-space use to which the land is restricted by contract pursuant to this chapter.(f)Board means the board of supervisors of a county that establishes or proposes to establish an agricultural preserve or that enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.(g)Council means the city council of a city that establishes or proposes to establish an agricultural preserve or that enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.(h)Except where it is otherwise apparent from the context, county or city means the county or city having jurisdiction over the land.(i)Scenic highway corridor means an area adjacent to, and within view of, the right-of-way of either of the following:(1)An existing or proposed state scenic highway in the state scenic highway system established by the Legislature pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code and which has been officially designated by the Department of Transportation as an official state scenic highway.(2)A county scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, if all of the following conditions have been met:(A)The scenic highway is included in an adopted general plan of the county or city.(B)The scenic highway corridor is included in an adopted specific plan of the county or city.(C)Specific proposals for implementing the plan, including regulation of land use, have been approved by the Advisory Committee on a Master Plan for Scenic Highways, and the county or city highway has been officially designated by the Department of Transportation as an official county scenic highway.(j)Wildlife habitat area means a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Wildlife, as an area of importance for the protection or enhancement of the wildlife resources of the state.(k)Saltpond means an area that, for at least three consecutive years immediately before being placed within an agricultural preserve pursuant to this chapter, has been used for the solar evaporation of seawater in the course of salt production for commercial purposes.(l)Managed wetland area means an area, which may be an area diked off from the ocean or any bay, river, or stream to which water is occasionally admitted, and that, for at least three consecutive years immediately before being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge, or for agricultural purposes.(m)Submerged area means any land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great value to the state as open space.(n)(1)Recreational use means the use of land in its agricultural or natural state by the public, with or without charge, for any of the following purposes:(A)Walking.(B)Hiking.(C)Picnicking.(D)Camping.(E)Swimming.(F)Boating.(G)Fishing.(H)Hunting.(I)Other outdoor games or sports for which facilities are provided for public participation.(2)Any fee charged for the recreational use of land as defined in this subdivision shall be in a reasonable amount and shall not have the effect of unduly limiting its use by the public. Any ancillary structures necessary for a recreational use shall comply with Section 51238.1.(o)Open-space use means the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide habitat for wildlife, or for the solar evaporation of seawater in the course of salt production for commercial purposes, if the land is within any of the following:(1)A scenic highway corridor, as defined in subdivision (i).(2)A wildlife habitat area, as defined in subdivision (j).(3)A saltpond, as defined in subdivision (k).(4)A managed wetland area, as defined in subdivision (l).(5)A submerged area, as defined in subdivision (m).(6)An area enrolled in the United States Department of Agriculture Conservation Reserve Program or Conservation Reserve Enhancement Program.(p)Development means, as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. Agricultural use, open-space use, uses compatible with either agricultural or open-space uses, or the acquisition of land or an interest in land are not development.SEC. 3.Section 25237 is added to the Public Resources Code, to read:25237.(a)SEC. 2.Section 25238 is added to the Public Resources Code, to read:25238.(a)For purposes of this section, agrivoltaic system means a dual-use solar photovoltaic energy system and agricultural activities colocated in specified areas of land, whereby elevated solar photovoltaic panels are installed above active agricultural lands, at heights and configurations that ensure the simultaneous use of the land for agricultural activities beneath or between rows of solar photovoltaic panels.
(b)(1)The commission shall award grants for agrivoltaic system projects pursuant to this section to support research and development in agrivoltaic systems.
(2)An agrivoltaic system project awarded grant funding pursuant to this section shall be used to study the economic, social, energy, and agricultural productivity impacts of agrivoltaic systems on farms and the states agricultural economy, to the extent funding is available, in different regions of the state with different climate conditions, and to study the impact of agrivoltaic systems on electricity generated from solar panels.
(b)(c)Eligible grant recipients include, but are not limited to, the University of California, the California State University, and community colleges.
(c)(d)The commission, in consultation with the Department of Food and Agriculture, shall develop guidelines defining agrivoltaic systems and criteria for determining a projects eligibility for grant funding pursuant to this section.
(d)(e)(1)The commission shall conduct an evaluation of the grant program. For purposes of the evaluation, the commission shall do all of the following:
(A)Monitor the quality of the agricultural output of farms with agrivoltaic systems.
(B)Consider the location and diversity of agricultural production operations throughout the state.
(C)Consider impacts on crop productivity, soil health, cultivation practices, photosynthetically active radiation (PAR), and microclimatic conditions across diverse farming systems and agrivoltaic system designs.
(D)Consider impacts and implications for the economy, including on-farm economics and the agricultural economy, and public welfare.
(E)Assess the states needs for both energy and food production, available land and existing land use competition, annual solar radiation, the percentage of ground covered by solar panels, and the available area per farm that is able to support an agrivoltaic system.
(F)Assess the role agrivoltaic systems could play in meeting the states energy, climate, and food production goals.
(G)Assess the feasibility, cost implications, and efficiency of agrivoltaic system technology, including potential energy yields from farmland with consideration for the states energy demands, increased land use efficiencies, potential reductions in the amount of water required for irrigation, and the potential impact on utility rates.
(H)Assess the cost of capital investments and potential cost implications considering the full lifespan of agrivoltaic system technology.
(I)Assess and make recommendations regarding solar design and crop layout and rotations for different climates within the state, to the extent funding is available.
(2)The commission shall make the evaluation described in this subdivision publicly available on the commissions internet website.
(e)(f)The commission, in consultation with the Department of Food and Agriculture, shall do all of the following for purposes of the grant program:
(1)Maximize the benefits of the grant program for farmland.
(2)Maximize energy production from agrivoltaic system projects and cost savings for farms.
(3)Collaborate with farmers in the development and implementation of the grant program.
(f)(g)Notwithstanding any other law, land that is zoned for agricultural use or otherwise designated as agricultural land shall not lose that designation because of an agrivoltaic system project funded pursuant to this section.
(g)(h)The implementation of this section is contingent upon an appropriation of funds by the Legislature in the annual Budget Act or another statute for purposes of this section.
The Legislature finds and declares all of the following:
(a)California should lead the nation in deployment of agrivoltaic systems, which are solar energy systems integrated into agricultural production within the same land area, also referred to as agrisolar or dual-use solar.
(b)Agrivoltaic systems enable farmers to harvest both agricultural products and solar energy from the same acre of land, improving overall land productivity. Important potential cobenefits include reduced water, fertilizer, and pesticide consumption, improved soil health and crop productivity, and meaningful revenue or energy cost savings for farmers.
(c)Agrivoltaics can promote California agriculture by helping farmers keep their land in productive agricultural use, rather than being converted to alternate land uses due to cost pressures, water availability, or commercial development.
(d)California faces significant energy reliability challenges and agrivoltaics offer an important use case for combined solar and energy storage systems, promoting energy resilience in rural communities, and protecting the food supply chain.
(e)Agrivoltaics offer a promising win-win solution that experts say could be applied across 8,100 square miles of United States farmland, mostly in the western states where irrigated agriculture is most common, generating 1,350 gigawatthours of clean electricity, which is more than enough to power every home in the country.
(f)Development of agrivoltaic systems can also further the goal of conservation of 30 percent of Californias working lands by 2030.
(g)Agrivoltaic systems should be developed in a manner that protects agricultural lands and production of agricultural commodities. The state should use its authority under state programs and policies to ensure the avoidance, minimization, and mitigation of significant adverse impacts on working lands and agricultural production, and monitoring and adaptive management of agrivoltaic systems and their associated infrastructure.
SEC. 2.Section 51201 of the Government Code is amended to read:51201.As used in this chapter, unless otherwise apparent from the context, the following terms have the following meanings:
(a)Agricultural commodity means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code.
(b)Agricultural use means use of land, including, but not limited to, greenhouses, for the purpose of producing an agricultural commodity for commercial purposes. The use of land for an agrivoltaic system, as defined in Section 25920 of the Public Resources Code, system pursuant to Section 25237 of the Public Resources Code is an agricultural use.
(c)Prime agricultural land means any of the following:
(1)All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications.
(2)Land that qualifies for rating 80 through 100 in the Storie Index Rating.
(3)Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.
(4)Land planted with fruit- or nut-bearing trees, vines, bushes, or crops that have a nonbearing period of less than five years and that will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre.
(5)Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years.
(d)Agricultural preserve means an area devoted to agricultural use as defined in subdivision (b), recreational use as defined in subdivision (n), open-space use as defined in subdivision (o), or any combination of those uses and that is established in accordance with this chapter.
(e)Compatible use means any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by this act to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. Compatible use includes agricultural use, recreational use, or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational, or open-space use to which the land is restricted by contract pursuant to this chapter.
(f)Board means the board of supervisors of a county that establishes or proposes to establish an agricultural preserve or that enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.
(g)Council means the city council of a city that establishes or proposes to establish an agricultural preserve or that enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.
(h)Except where it is otherwise apparent from the context, county or city means the county or city having jurisdiction over the land.
(i)Scenic highway corridor means an area adjacent to, and within view of, the right-of-way of either of the following:
(1)An existing or proposed state scenic highway in the state scenic highway system established by the Legislature pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code and which has been officially designated by the Department of Transportation as an official state scenic highway.
(2)A county scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, if all of the following conditions have been met:
(A)The scenic highway is included in an adopted general plan of the county or city.
(B)The scenic highway corridor is included in an adopted specific plan of the county or city.
(C)Specific proposals for implementing the plan, including regulation of land use, have been approved by the Advisory Committee on a Master Plan for Scenic Highways, and the county or city highway has been officially designated by the Department of Transportation as an official county scenic highway.
(j)Wildlife habitat area means a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Wildlife, as an area of importance for the protection or enhancement of the wildlife resources of the state.
(k)Saltpond means an area that, for at least three consecutive years immediately before being placed within an agricultural preserve pursuant to this chapter, has been used for the solar evaporation of seawater in the course of salt production for commercial purposes.
(l)Managed wetland area means an area, which may be an area diked off from the ocean or any bay, river, or stream to which water is occasionally admitted, and that, for at least three consecutive years immediately before being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge, or for agricultural purposes.
(m)Submerged area means any land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great value to the state as open space.
(n)(1)Recreational use means the use of land in its agricultural or natural state by the public, with or without charge, for any of the following purposes:
(A)Walking.
(B)Hiking.
(C)Picnicking.
(D)Camping.
(E)Swimming.
(F)Boating.
(G)Fishing.
(H)Hunting.
(I)Other outdoor games or sports for which facilities are provided for public participation.
(2)Any fee charged for the recreational use of land as defined in this subdivision shall be in a reasonable amount and shall not have the effect of unduly limiting its use by the public. Any ancillary structures necessary for a recreational use shall comply with Section 51238.1.
(o)Open-space use means the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide habitat for wildlife, or for the solar evaporation of seawater in the course of salt production for commercial purposes, if the land is within any of the following:
(1)A scenic highway corridor, as defined in subdivision (i).
(2)A wildlife habitat area, as defined in subdivision (j).
(3)A saltpond, as defined in subdivision (k).
(4)A managed wetland area, as defined in subdivision (l).
(5)A submerged area, as defined in subdivision (m).
(6)An area enrolled in the United States Department of Agriculture Conservation Reserve Program or Conservation Reserve Enhancement Program.
(p)Development means, as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. Agricultural use, open-space use, uses compatible with either agricultural or open-space uses, or the acquisition of land or an interest in land are not development.
SEC. 3.Chapter 10.6 (commencing with Section 25920) is added to Division 15 of the Public Resources Code, to read:10.6.Agrivoltaic Systems25920.(a)For purposes of this chapter, agrivoltaic system means a dual-use system that allows for the simultaneous use of land for both agriculture and photovoltaic electrical generation on the same land.(b)An agrivoltaic system includes a solar energy generation system in unused portions of land parcels used for center-pivot agricultural production.25921.It is the policy of the state to promote the development of agrivoltaic systems in furtherance of clean energy development, reductions in the emissions of greenhouse gases, working land conservation, and other state priorities.25922.(a)(1)The commission, in coordination with the Department of Food and Agriculture, the Office of Planning and Research, the Governors Office of Business and Economic Development, the Independent System Operator, the Public Utilities Commission, and other relevant federal, state, and local agencies, shall develop a strategic plan for agrivoltaic systems.(2)Development of the strategic plan shall incorporate, but not delay, progress to advance responsible development of agrivoltaic systems in other relevant policy venues.(b)The strategic plan shall include, at minimum, all of the following:(1)Transmission planning, including the findings resulting from activities undertaken pursuant to Section 25924.(2)Permitting, including the findings resulting from activities undertaken pursuant to Section 25925.(3)Potential impacts on agricultural resources and strategies for addressing those potential impacts.(4)Economic and workforce development needed to support the 2030 and 2045 agrivoltaic system planning goals established under Section 25923. (c)The strategic plan shall emphasize and prioritize near-term actions to accommodate the probable immediate need for jobs and economic development.(d)The development of the strategic plan regarding workforce development shall include consultation with representatives of key labor organizations and apprenticeship programs that would be involved in dispatching and training the construction workforce.(e)The commission shall provide an opportunity for public review and comment on a draft strategic plan. 25923.(a)The commission shall evaluate and quantify the maximum feasible capacity of agrivoltaic systems to achieve reliability, ratepayer, employment, and decarbonization benefits, and shall establish megawatt agrivoltaic planning goals for 2030 and 2045.(b)In establishing the goals pursuant to subdivision (a), the commission shall consider all of the following:(1)The findings of the 2021 joint report issued pursuant to Section 454.53 of the Public Utilities Code.(2)The need to develop a skilled and trained agrivoltaic workforce.(3)The potential to attract supply-chain manufacturing for agrivoltaic components throughout the state.(4)The need for reliable renewable energy that accommodates Californias shifting peak load.(5)The generation profile of agrivoltaic systems in California.(6)The need for economies of scale to reduce the costs of agrivoltaic systems.(7)The need to initiate long-term transmission and infrastructure planning to facilitate delivery of agrivoltaic energy to Californians.(8)The availability of federal tax incentives for agrivoltaic investments.(9)Any executive action from the Governor regarding agrivoltaic.(10)Potential impacts on agricultural resources and strategies for addressing those potential impacts.25924.(a)The commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall assess the transmission investments and upgrades necessary to support the 2030 and 2045 agrivoltaic system planning goals established pursuant to Section 25923. This assessment shall include all relevant information on the cost of high-voltage transmission, information made available by the Independent System Operator on the cost of network upgrades, and the extent to which existing transmission infrastructure and available capacity could support agrivoltaic energy development.(b)The findings resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to transmission planning as specified in paragraph (1) of subdivision (b) of Section 25922. 25925.(a)The commission shall develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for agrivoltaic systems and associated electricity and transmission infrastructure in the state.(b)In developing the permitting roadmap, the commission shall consult and meaningfully collaborate with all relevant local, state, and federal agencies, including, but not limited to, the Department of Food and Agriculture, interested California Native American tribes, and affected stakeholders.(c)The permitting roadmap shall include a goal for the permitting timeframe, clearly define local, state, and federal agency roles, responsibilities, and decisionmaking authority, and include interfaces with federal agencies, including timing, sequence, and coordination with federal permitting agencies, and coordination between reviews under the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.), if applicable.(d)The commission shall provide an opportunity for stakeholder input in the development and communication of the permitting roadmap and an opportunity for public comment on a draft permitting roadmap.(e)The findings resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to permitting as specified in paragraph (2) of subdivision (b) of Section 25922.25926.(a)In furtherance of the goals set forth in Section 25925, agrivoltaic systems shall be eligible for funding under any of the following:(1)The Climate Innovation Program (Chapter 7.2 (commencing with Section 25625)).(2)The Renewable Energy for Agriculture Program authorized pursuant to Chapter 249 of the Statutes of 2017 and Chapter 30 of the Statutes of 2018.(3)The State Water Efficiency and Enhancement Program established by the Department of Food and Agriculture from moneys made available pursuant to Chapter 2 of the Statutes of 2014.(4)Any other relevant programs administered by the commission or the Department of Food and Agriculture addressing the impacts of climate change.(b)The commission and the Department of Food and Agriculture, as appropriate, shall develop guidelines for agrivoltaic systems for programs specified in subdivision (a).(c)The commission, in coordination with the Department of Food and Agriculture, shall provide technical assistance to farmers to support their participation in the programs specified in subdivision (a).25927.This chapter is not intended to create a technology set aside or mandatory minimum for any type of eligible renewable energy resources.SEC. 3.Section 25237 is added to the Public Resources Code, to read:25237.(a)(1)The commission shall award grants for agrivoltaic system projects pursuant to this section to support research and development in agrivoltaic systems.
(2)An agrivoltaic system project awarded grant funding pursuant to this section shall be used to study the economic, social, energy, and agricultural productivity impacts of agrivoltaic systems on farms and the states agricultural economy, and to study the impact of agrivoltaic systems on electricity generated from solar panels.
(b)Eligible grant recipients include, but are not limited to, the University of California, the California State University, and community colleges.
(c)The commission, in consultation with the Department of Food and Agriculture, shall develop guidelines defining agrivoltaic systems and criteria for determining a projects eligibility for grant funding pursuant to this section.
(d)(1)The commission shall conduct an evaluation of the grant program. For purposes of the evaluation, the commission shall do all of the following:
(A)Monitor the quality of the agricultural output of farms with agrivoltaic systems.
(B)Consider the location and diversity of agricultural production operations throughout the state.
(C)Consider impacts on crop productivity, soil health, cultivation practices, photosynthetically active radiation (PAR), and microclimatic conditions across diverse farming systems and agrivoltaic system designs.
(D)Consider impacts and implications for the economy, including on-farm economics and the agricultural economy, and public welfare.
(E)Assess the states needs for both energy and food production, available land and existing land use competition, annual solar radiation, the percentage of ground covered by solar panels, and the available area per farm that is able to support an agrivoltaic system.
(F)Assess the role agrivoltaic systems could play in meeting the states energy, climate, and food production goals.
(G)Assess the feasibility, cost implications, and efficiency of agrivoltaic system technology, including potential energy yields from farmland with consideration for the states energy demands, increased land use efficiencies, potential reductions in the amount of water required for irrigation, and the potential impact on utility rates.
(H)Assess the cost of capital investments and potential cost implications considering the full lifespan of agrivoltaic system technology.
(2)The commission shall make the evaluation described in this subdivision publicly available on the commissions internet website.
(e)The commission, in consultation with the Department of Food and Agriculture, shall do all of the following for purposes of the grant program:
(1)Maximize the benefits of the grant program for farmland.
(2)Maximize energy production from agrivoltaic system projects and cost savings for farms.
(3)Collaborate with farmers in the development and implementation of the grant program.
(f)Notwithstanding any other law, land that is zoned for agricultural use or otherwise designated as agricultural land shall not lose that designation because of an agrivoltaic system project funded pursuant to this section.
(g)The implementation of this section is contingent upon an appropriation of funds by the Legislature in the annual Budget Act or another statute for purposes of this section.
The Legislature finds and declares all of the following:
(a)California should lead the nation in deployment of agrivoltaic systems, which are solar energy systems integrated into agricultural production within the same land area, also referred to as agrisolar or dual-use solar.
(b)Agrivoltaic systems enable farmers to harvest both agricultural products and solar energy from the same acre of land, improving overall land productivity. Important potential cobenefits include reduced water, fertilizer, and pesticide consumption, improved soil health and crop productivity, and meaningful revenue or energy cost savings for farmers.
(c)Agrivoltaics can promote California agriculture by helping farmers keep their land in productive agricultural use, rather than being converted to alternate land uses due to cost pressures, water availability, or commercial development.
(d)California faces significant energy reliability challenges and agrivoltaics offer an important use case for combined solar and energy storage systems, promoting energy resilience in rural communities, and protecting the food supply chain.
(e)Agrivoltaics offer a promising win-win solution that experts say could be applied across 8,100 square miles of United States farmland, mostly in the western states where irrigated agriculture is most common, generating 1,350 gigawatthours of clean electricity, which is more than enough to power every home in the country.
(f)Development of agrivoltaic systems can also further the goal of conservation of 30 percent of Californias working lands by 2030.
(g)Agrivoltaic systems should be developed in a manner that protects agricultural lands and production of agricultural commodities. The state should use its authority under state programs and policies to ensure the avoidance, minimization, and mitigation of significant adverse impacts on working lands and agricultural production, and monitoring and adaptive management of agrivoltaic systems and their associated infrastructure.
SEC. 2.Section 51201 of the Government Code is amended to read:51201.As used in this chapter, unless otherwise apparent from the context, the following terms have the following meanings:
(a)Agricultural commodity means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code.
(b)Agricultural use means use of land, including including, but not limited to to, greenhouses, for the purpose of producing an agricultural commodity for commercial purposes. The use of land for an agrivoltaic system, as defined in Section 25920 of the Public Resources Code, is an agricultural use.
(c)Prime agricultural land means any of the following:
(1)All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications.
(2)Land which that qualifies for rating 80 through 100 in the Storie Index Rating.
(3)Land which that supports livestock used for the production of food and fiber and which that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.
(4)Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which that have a nonbearing period of less than five years and which that will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre.
(5)Land which that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years.
(d)Agricultural preserve means an area devoted to either agricultural use, use as defined in subdivision (b), recreational use as defined in subdivision (n), or open-space use as defined in subdivision (o), or any combination of those uses and which that is established in accordance with the provisions of this chapter.
(e)Compatible use is means any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by this act to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. Compatible use includes agricultural use, recreational use use, or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational recreational, or open-space use to which the land is restricted by contract pursuant to this chapter.
(f)Board means the board of supervisors of a county which that establishes or proposes to establish an agricultural preserve or which that enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.
(g)Council means the city council of a city which that establishes or proposes to establish an agricultural preserve or which that enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.
(h)Except where it is otherwise apparent from the context, county or city means the county or city having jurisdiction over the land.
(i)A scenic Scenic highway corridor is means an area adjacent to, and within view of, the right-of-way of: of either of the following:
(1)An existing or proposed state scenic highway in the state scenic highway system established by the Legislature pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code and which has been officially designated by the Department of Transportation as an official state scenic highway; or highway.
(2)A county scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, if each all of the following conditions have been met:
(A)The scenic highway is included in an adopted general plan of the county or city; and city.
(B)The scenic highway corridor is included in an adopted specific plan of the county or city; and city.
(C)Specific proposals for implementing the plan, including regulation of land use, have been approved by the Advisory Committee on a Master Plan for Scenic Highways, and the county or city highway has been officially designated by the Department of Transportation as an official county scenic highway.
(j)A wildlife Wildlife habitat area is means a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Game, Wildlife, as an area of importance for the protection or enhancement of the wildlife resources of the state.
(k)A saltpond is Saltpond means an area which, that, for at least three consecutive years immediately prior to before being placed within an agricultural preserve pursuant to this chapter, has been used for the solar evaporation of seawater in the course of salt production for commercial purposes.
(l)A managed Managed wetland area is means an area, which may be an area diked off from the ocean or any bay, river river, or stream to which water is occasionally admitted, and which, that, for at least three consecutive years immediately prior to before being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge refuge, or for agricultural purposes.
(m)A submerged Submerged area is means any land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great value to the state as open space.
(n)Recreational (1)Recreational use is means the use of land in its agricultural or natural state by the public, with or without charge, for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or other outdoor games or sports for which facilities are provided for public participation. Any following purposes:
(A)Walking.
(B)Hiking.
(C)Picnicking.
(D)Camping.
(E)Swimming.
(F)Boating.
(G)Fishing.
(H)Hunting.
(I)Other outdoor games or sports for which facilities are provided for public participation.
(2)Any fee charged for the recreational use of land as defined in this subdivision shall be in a reasonable amount and shall not have the effect of unduly limiting its use by the public. Any ancillary structures necessary for a recreational use shall comply with the provisions of Section 51238.1.
(o)Open-space use is means the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide habitat for wildlife, or for the solar evaporation of seawater in the course of salt production for commercial purposes, if the land is within: within any of the following:
(1)A scenic highway corridor, as defined in subdivision (i).
(2)A wildlife habitat area, as defined in subdivision (j).
(3)A saltpond, as defined in subdivision (k).
(4)A managed wetland area, as defined in subdivision (l).
(5)A submerged area, as defined in subdivision (m).
(6)An area enrolled in the United States Department of Agriculture Conservation Reserve Program or Conservation Reserve Enhancement Program.
(p)Development means, as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. Agricultural use, open-space use, uses compatible with either agricultural or open-space uses, or the acquisition of land or an interest in land are not development.
SEC. 3.Chapter 10.6 (commencing with Section 25920) is added to Division 15 of the Public Resources Code, to read:10.6.Agrivoltaic Systems25920.(a)For purposes of this chapter, agrivoltaic system means a dual-use system that allows for the simultaneous use of land for both agriculture and photovoltaic electrical generation on the same land.
(b)An agrivoltaic system includes a solar energy generation system in unused portions of land parcels used for center-pivot agricultural production.
25921.It is the policy of the state to promote the development of agrivoltaic systems in furtherance of clean energy development, reductions in the emissions of greenhouse gases, working land conservation, and other state priorities.
25922.(a)(1)The commission, in coordination with the Department of Food and Agriculture, the Office of Planning and Research, the Governors Office of Business and Economic Development, the Independent System Operator, the Public Utilities Commission, and other relevant federal, state, and local agencies, shall develop a strategic plan for agrivoltaic systems.
(2)Development of the strategic plan shall incorporate, but not delay, progress to advance responsible development of agrivoltaic systems in other relevant policy venues.
(b)The strategic plan shall include, at minimum, all of the following:
(1)Transmission planning, including the findings resulting from activities undertaken pursuant to Section 25924.
(2)Permitting, including the findings resulting from activities undertaken pursuant to Section 25925.
(3)Potential impacts on agricultural resources and strategies for addressing those potential impacts.
(4)Economic and workforce development needed to support the 2030 and 2045 agrivoltaic system planning goals established under Section 25923.
(c)The strategic plan shall emphasize and prioritize near-term actions to accommodate the probable immediate need for jobs and economic development.
(d)The development of the strategic plan regarding workforce development shall include consultation with representatives of key labor organizations and apprenticeship programs that would be involved in dispatching and training the construction workforce.
(e)The commission shall provide an opportunity for public review and comment on a draft strategic plan.
25923.(a)The commission shall evaluate and quantify the maximum feasible capacity of agrivoltaic systems to achieve reliability, ratepayer, employment, and decarbonization benefits, and shall establish megawatt agrivoltaic planning goals for 2030 and 2045.
(b)In establishing the goals pursuant to subdivision (a), the commission shall consider all of the following:
(1)The findings of the 2021 joint report issued pursuant to Section 454.53 of the Public Utilities Code.
(2)The need to develop a skilled and trained agrivoltaic workforce.
(3)The potential to attract supply-chain manufacturing for agrivoltaic components throughout the state.
(4)The need for reliable renewable energy that accommodates Californias shifting peak load.
(5)The generation profile of agrivoltaic systems in California.
(6)The need for economies of scale to reduce the costs of agrivoltaic systems.
(7)The need to initiate long-term transmission and infrastructure planning to facilitate delivery of agrivoltaic energy to Californians.
(8)The availability of federal tax incentives for agrivoltaic investments.
(9)Any executive action from the Governor regarding agrivoltaic.
(10)Potential impacts on agricultural resources and strategies for addressing those potential impacts.
25924.(a)The commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall assess the transmission investments and upgrades necessary to support the 2030 and 2045 agrivoltaic system planning goals established pursuant to Section 25923. This assessment shall include all relevant information on the cost of high-voltage transmission, information made available by the Independent System Operator on the cost of network upgrades, and the extent to which existing transmission infrastructure and available capacity could support agrivoltaic energy development.
(b)The findings resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to transmission planning as specified in paragraph (1) of subdivision (b) of Section 25922.
25925.(a)The commission shall develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for agrivoltaic systems and associated electricity and transmission infrastructure in the state.
(b)In developing the permitting roadmap, the commission shall consult and meaningfully collaborate with all relevant local, state, and federal agencies, including, but not limited to, the Department of Food and Agriculture, interested California Native American tribes, and affected stakeholders.
(c)The permitting roadmap shall include a goal for the permitting timeframe, clearly define local, state, and federal agency roles, responsibilities, and decisionmaking authority, and include interfaces with federal agencies, including timing, sequence, and coordination with federal permitting agencies, and coordination between reviews under the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.), if applicable.
(d)The commission shall provide an opportunity for stakeholder input in the development and communication of the permitting roadmap and an opportunity for public comment on a draft permitting roadmap.
(e)The findings resulting from activities undertaken pursuant to this section shall be included in the chapter of the strategic plan relating to permitting as specified in paragraph (2) of subdivision (b) of Section 25922.
25926.(a)In furtherance of the goals set forth in Section 25925, agrivoltaic systems shall be eligible for funding under any of the following:
(1)The Climate Innovation Program (Chapter 7.2 (commencing with Section 25625)).
(2)The Renewable Energy for Agriculture Program authorized pursuant to Chapter 249 of the Statutes of 2017 and Chapter 30 of the Statutes of 2018.
(3)The State Water Efficiency and Enhancement Program established by the Department of Food and Agriculture from moneys made available pursuant to Chapter 2 of the Statutes of 2014.
(4)Any other relevant programs administered by the commission or the Department of Food and Agriculture addressing the impacts of climate change.
(b)The commission and the Department of Food and Agriculture, as appropriate, shall develop guidelines for agrivoltaic systems for programs specified in subdivision (a).
(c)The commission, in coordination with the Department of Food and Agriculture, shall provide technical assistance to farmers to support their participation in the programs specified in subdivision (a).
25927.This chapter is not intended to create a technology set aside or mandatory minimum for any type of eligible renewable energy resources.
|
Date
|
Status
|
|---|---|
| Sep 1, 2023 | September 1 hearing: Held in committee and under submission. |
| Aug 16, 2023 | August 16 set for first hearing. Placed on suspense file. |
| Jun 30, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2023 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (June 28). |
| Jun 8, 2023 | Referred to Com. on U. & E. |
| Jun 8, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E. |
| May 25, 2023 | In Assembly. Read first time. Held at Desk. |
| May 25, 2023 | Read third time. Passed. (Ayes 40. Noes 0. Page 1303.) Ordered to the Assembly. |
| May 23, 2023 | Ordered to special consent calendar. |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 7. Noes 0. Page 1180.) (May 18). |
| May 12, 2023 | Set for hearing May 18. |
| May 1, 2023 | May 1 hearing: Placed on APPR suspense file. |
| Apr 21, 2023 | Set for hearing May 1. |
| Apr 18, 2023 | Withdrawn from committee. |
| Apr 18, 2023 | Re-referred to Com. on APPR. |
| Apr 18, 2023 | April 24 hearing postponed by committee. |
| Apr 17, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on AGRI. |
| Apr 12, 2023 | Set for hearing April 24. |
| Apr 11, 2023 | From committee: Do pass and re-refer to Com. on AGRI. (Ayes 15. Noes 0. Page 637.) (April 10). Re-referred to Com. on AGRI. |
| Apr 3, 2023 | Set for hearing April 10. |
| Mar 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U. & C. |
| Mar 1, 2023 | Referred to Coms. on E., U. & C. and AGRI. |
| Feb 17, 2023 | From printer. May be acted upon on or after March 19. |
| Feb 16, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 28, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Utilities and Energy |
Passed |
|
| May 25, 2023 | Special Consent SB688 Padilla | Senate Floor |
Passed |
|
| May 18, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 1, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 10, 2023 | Do pass, but first be re-referred to the Committee on [Agriculture] | Senate Standing Committee on Energy, Utilities and Communications |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 350 Bay Area Action | ** Support | |
| American Farmland Trust | * Support | Jun 28, 2023 |
| California Climate and Agriculture Network | ** Support | |
| California Farm Bureau Federation | ** Against | |
| Climate Action California | ** Support | |
| Community Alliance With Family Farmers | * Support | Jun 28, 2023 |
| Large Scale Solar Associaiton | * Neutral | Jun 28, 2023 |
| Lightstar | ** Against | |
| Union Of Concerned Scientists | * Support | Apr 10, 2023 |
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 688
Author:(Padilla) – As Amended Ver:June 30, 2023
Policy Committee: | Utilities and Energy | Vote: | 14 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the California Energy Commission (CEC), upon appropriation, to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems.
The bill directs the CEC, in consultation with the Department of Food and Agriculture (Food and Ag), to develop guidelines and criteria for determining a project’s eligibility for grant funding and lists the following as potential grant recipients: the University of California, the California State University, community colleges and nonprofit organizations, among others. The bill requires the CEC to conduct an evaluation of the grant program according to specified criteria and to publish the evaluation on its website.
FISCAL EFFECT:
Cost pressure of an unknown, but significant amount, to provide funding for the grant program created by this bill. While the bill does not specify an amount to be appropriated for the agrivoltaic grant program it creates, a similar grant program, described below, received an appropriation of $10 million from the Greenhouse Gas Reduction Fund (GGRF).
COMMENTS:
- Purpose. The author intends this bill to pilot the use of agrivoltaics to the advantage of farmers, workers and crops while providing a clean source of energy. According to the author:
Including agrivoltaic projects in California would help farmers improve working conditions for workers, shield crops from extreme weather, generate energy needed around their farming operations, and offers an additional revenue stream to farmers. As our summers get hotter and our winters colder, it is vital that we protect our agricultural workforce from these climate change consequences. Agrivoltaics are an exciting tool that benefits farmers and workers alike. Establishing this pilot program will serve as the test case for California, paving the way to future projects and improvements.
- Background. The state has ambitious clean energy goals. Among those goals is state law calling for renewable and zero-carbon resources to supply 100% of retail sales of electricity by 2045. To achieve these goals, the state will need massive quantities of new clean energy resources, including, principally, solar energy generating resources, such as solar photovoltaic panels that generate electricity when struck by the sun’s rays.
Solar panels placed on working agricultural land are sometimes referred to “agrivoltaics.” The use of agrivoltaics allows solar panels to generate electricity while the land beneath the panels continues to be used for agriculture.
The state has funded agrivoltaics. For example, the Budge Act of 2017 provided $10 million from the GGRF to the Renewable Energy for Agriculture Program (REAP), administered by the CEC. The analysis of this bill by the Assembly Committee on Utilities and Energy reports the CEC awarded 45 grants through the program and that program funding is exhausted.
This bill direct the CEC to establish an agrivoltaics grant program only if an appropriation is made for this purpose; however, the Budget Act of 2022 allocates no money specifically for such a program. The author notes that AB 408 (Wilson), of this legislative session, the Climate-resilient Farms, Sustainable Healthy Food Access, and Farmworker Protection Bond Act of 2024, includes $20 million for grants to install agrivoltaics “to strengthen farm viability, safeguard land well-suited for farming and ranching and further the state’s renewable energy goals.” AB 408 is pending consideration in the Senate Committee on Appropriations.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: June 28, 2023
ASSEMBLY COMMITTEE ON UTILITIES AND ENERGY
Eduardo Garcia, Chair
SBPCA Bill Id:SB 688
Author:(Padilla) – As Amended Ver:June 8, 2023
SENATE VOTE: 40-0
SUBJECT: Agrivoltaic systems: grant funding
SUMMARY: Requires the California Energy Commission (CEC) to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems, conduct an evaluation of the grant program, as specified, and publish the evaluation on the CEC website, contingent upon an appropriation from the Legislature.
EXISTING LAW:
- Establishes the policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of retail sales of electricity to California end-use customers by 2045 and 100% of electricity procured to serve all state agencies by December 31, 2035. (Public Utilities Code § 454.53)
- Establishes the California Renewable Portfolio Standard (RPS) Program which requires investor-owned utilities (IOUs), publicly owned utilities (POUs), community choice aggregators (CCAs), and energy service providers (ESPs) to increase purchases of renewable energy such that they each procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatt hours (kWh) of those products sold to their retail end-use customers achieves 25% of retail sales by December 31, 2016, 33% by December 31, 2020, 44% by December 31, 2024, 52% by December 31, 2027, and 60% by December 31, 2030. (Public Utilities Code §§ 399.11, 399.13, 399.15, 399.30)
- Requires the CEC to assess trends in energy consumption and analyze the social, economic, and environmental consequences of these trends. The CEC must establish energy conservation measures, including building and appliance energy efficiency standards, and recommend additional conservation measures to the governor and the Legislature. (Public Resources Code § 25216)
- Establishes the Williamson Act and authorizes a city or county to contract with a landowner to limit the use of land devoted to agricultural use or located in an agricultural preserve designated by the city or county in exchange for reduced property tax assessments. (Government Code § 51201)
FISCAL EFFECT: According to the Senate Committee on Appropriations, costs to implement this bill could range into the several millions of dollars. The CEC estimates ongoing costs of $300,000 annually (Energy Resource Program Account [ERPA] or General Fund), the Department of Food and Agriculture estimates one-time costs of at least $373,000 spread over four or more years (General Fund), and unknown additional costs, likely around several million dollars (General Fund, special funds, or bond funds), will be necessary to provide funding for grants under the program.
BACKGROUND:
SB 100 And The Need For Solar – In 2018, the Legislature adopted SB 100 (De León, Chapter 312, Statutes of 2018) to establish a target for renewable and zero-carbon resources to supply 100% of retail sales and electricity serving all state agencies by 2045. The statute was updated by SB 1020 (Laird, Chapter 361, Statutes of 2022) to accelerate the requirement on state agencies to 2035. The statute calls upon the CEC, California Public Utilities Commission (CPUC), and California Air Resources Board (CARB) to use programs under existing law to achieve this policy and issue a joint policy report. The report, finalized in March 2021, identifies the likely need to triple solar photovoltaic energy procurement (includes both in-state and out-of-state resources) to meet the 2045 goal, from about 12.5 gigawatts (GW) in 2019 to nearly 70 GW in 2045 – a build out of just under 3 GW of solar energy generation annually.[1] The report acknowledges the many potential impacts of the build-out of energy resources to achieve the SB 100 target, including the need to address impacts to land-use, on both working and natural lands.
Power and Plants – “Agrivoltaics” refers to the co-location of solar energy on working agricultural lands to utilize the land simultaneously for both energy generation and agricultural production.[2],[3] Less than 2% of solar energy projects in the United States are co-located with crops or pollinator habitats.[4] This low adoption rate is largely driven by uncertainties in how the dual uses of energy generation and agricultural production on land may provide mutual benefit or harm. For instance, shading by solar panels can impact crop production, livestock grazing, and pollinator habitat. These impacts may be negative, with reduced light availability limiting crop productivity, or positive, with shading by solar panels reducing heat stress on grazing livestock or reducing water loss by individual plants.[5],[6] The potential for co-benefits, alongside the wide variety of implementation methods, has spurred the creation of a raft of agrivoltaic research projects funded from state and federal sources.
Figure 1 – A Variety of Configurations Have Been Proposed for Implementing Agrivoltaics.[7]
Funding – At the state level, various funding streams provide direct investment for agrivoltaic projects. California’s Renewable Energy for Agriculture Program (REAP), funded under AB 109 (Ting, Chapter 249, Statutes of 2017), provides grants for the installation of onsite renewable energy on agricultural operations in California to reduce greenhouse gas (GHG) emissions and provide co-benefits to local communities.[8] The program has received $10 million from the Greenhouse Gas Reduction Fund. In April 2019, the CEC awarded 45 grants, ranging from $25,000-$350,000, across 18 counties, representing $9.5 million in total and exhausting the funding pool. The CEC has not yet posted a report evaluating these projects to their website, suggesting that it may be too early to assess the effectiveness of these projects. California also provides funding through the State Water Efficiency and Enhancement Program (SWEEP), which provides financial assistance in the form of grants to implement irrigation systems that reduce GHG and save water on California agricultural operations. Eligible projects include those that use solar energy to operate irrigation systems. Additionally, the California Department of Conservation (DOC) administers the Multibenefit Land Repurposing Program (MLRP), which was established by the Legislature in SB 170 (Committee on Budget, Chapter 240, Statutes of 2021) to increase regional capacity to repurpose fallowed agricultural land and reduce reliance on groundwater while providing community benefits. Though no energy projects have been funded through the MLRP to date, the DOC has indicated that the development of renewable energy generation infrastructure is an acceptable use for award funding to repurpose fallowed land.[9]
At the federal level, the U.S. Department of Energy recently announced $8 million in funding for six solar energy research projects as part of the Foundational Agrivoltaic Research for Megawatt Scale (FARMS) program that supports agrivoltaics. The projects selected are all outside California, and five of the six grants were awarded to universities for agrivoltaic research.[10] The projects selected for FARMS build on ongoing DOE-funded research, which is focused on conducting research, analysis, and dissemination of best practices for the implementation of agrivoltaics. Additionally, as part of the federal Inflation Reduction Act (IRA), the federal government is funding the Rural Energy for America Program Renewable Energy Systems & Energy Efficiency (REAP). The federal REAP program aims to distribute $1.7 billion over five years, starting in 2022, with grant awards from $2,500 to $1 million to support renewable energy system development in rural areas.[11] The program description lists solar generation as an acceptable use of program funding which, though it is not explicitly stated, seems likely to include agrivoltaics.
Tax Considerations For Agricultural Land – The Williamson Act, also known as the California Land Conservation Act of 1965, enables local governments to enter into contracts with private landowners to restrict specific parcels of land to agricultural use or related open space use. In return, landowners receive below-market property tax assessments based on farming and open space uses rather than full market value. These contracts renew automatically each year unless the contract is ended through nonrenewal, cancellation, or termination. This tax structure has been relied-upon by farmers throughout California for decades and is an important aspect of planning and budgeting for agriculture. For this reason, any effort or perceived effort to change or include other land uses in these agricultural tax considerations may raise concerns from farmers who worry about any changes to their tax assessment.
COMMENTS:
- Author’s Statement. According to the author, “Including agrivoltaic projects in California would help farmers improve working conditions for workers, shield crops from extreme weather, generate energy needed around their farming operations, and offers an additional revenue stream to farmers. As our summers get hotter and our winters colder, it is vital that we protect our agricultural workforce from these climate change consequences. Agrivoltaics are an exciting tool that benefits farmers and workers alike. Establishing this pilot program will serve as the test case for California, paving the way to future projects and improvements.”
- Funding For (Solar) Farms? The profit potential to farmers for solar development on their land, as well as the existence of multiple state and federal funding sources for agrivoltaic research currently, suggest that an additional research grant program as proposed by this bill may not be necessary to grow the industry. However, agrivoltaics have not been widely deployed in California to date, and many uncertainties still exist about the potential impacts of the co-location of solar energy systems on working agricultural lands. These systems may provide substantial benefit in terms of energy generation, agricultural production, reduced agricultural water usage, as well as a means for reconciling the often conflicting land-use demands of agriculture and expanded solar development in rural areas. Or these systems may reduce crop productivity, depending on the climate, crop type, or panel alignment configuration. Given that the CEC’s REAP has exhausted its funding, while many outstanding questions persist, additional grants to support agrivoltaic research may be reasonable.
- Aligning Priorities. The bill specifies that agrivoltaic projects must maximize the benefit to farmland by maximizing both agricultural production and water savings. This may be a difficult threshold to reach because of the potential tradeoffs between water savings and crop production. Moreover, the bill specifies energy production must also be optimized, further complicating implementation. It is important to ensure that these projects have as positive an effect on farmland as possible, as well as explore ways to integrate substantial energy generation. However, statutory requirements to maximize both agricultural production and water saving benefits may restrict the ability of the CEC to design effective, informative projects, potentially limiting their research value. As such, the author and committee may wish to consider amendments to clarify that the requirement to maximize benefits to farmland in the grant-funded projects in 25238(f) may not reduce the research value of the projects.
- Duplicative Tax Language. The research projects proposed in the bill would transition agricultural land into dual-purpose land, yielding both agricultural production and energy generation. With that repurposing comes the risk that the land may be reclassified and no longer be eligible for certain tax considerations reserved for agricultural land. The bill protects grant recipients from this outcome by specifying that these projects will not cause land to lose agricultural zoning status or agricultural designation. The bill separately, and duplicatively, states that the projects will not cause agricultural land used for the grant program to lose agricultural designation and receive adverse tax treatment. As such, the author and committee may wish to consider amendments to strike the duplicative tax treatment language in 25238(f)(4).
- Additional Amendments. Some of this bill’s findings and declarations were unable to be verified, as such, the author and committee may wish to consider amendments to strike (e) from Section 1.
- Related Legislation.
AB 580 (Bennett), would have required the CPUC, in consultation with the CEC, the Department of Conservation, and the Department of Food and Agriculture, to assess existing challenges to farmers repurposing fallowed land for zero-emission energy infrastructure and develop best practices for navigating those challenges. Status: held in the Assembly Committee on Appropriations.
- Prior Legislation.
SB 1020 (Laird), established as a policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of electricity procured to serve all state agencies by December 31, 2035, rather than the previous target of December 31, 2045. Status: Chapter 361, Statutes of 2022.
SB 100 (De León), established the 100 Percent Clean Energy Act of 2018 as a policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. The bill also increased the state’s RPS to 60% of retail sales by December 31, 2030 and requires all state agencies to incorporate these targets into their relevant planning. Status: Chapter 312, Statutes of 2018.
SB 856 (Budget and Fiscal Review Committee), appropriated four million dollars to fund renewable energy projects in the agriculture sector from the Greenhouse Gas Reduction Fund. Status: Chapter 30, Statutes of 2018.
AB 109 (Ting), the Budget Act of 2017 appropriated six million dollars to fund renewable energy projects in the agriculture sector from the Greenhouse Gas Reduction Fund. Status: Chapter 249, Statutes of 2017.
SB 618 (Wolk), authorized a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified. Status: Chapter 596, Statutes of 2011.
REGISTERED SUPPORT / OPPOSITION:
Support
350 Bay Area Action
American Farmland Trust
California Climate and Agriculture Network
Climate Action California
Community Alliance With Family Farmers
Oppose Unless Amended
Large Scale Solar Association
Other
California Farm Bureau Federation
Lightstar
Analysis Prepared by: Samuel Mahanes / U. & E. / (916) 319-2083
CEC, CPUC, and CARB; “2021 SB 100 Joint Agency Report”; March 2021. ↑
U.S. Department of Energy; “Solar and Agriculture Co-Location”; https://www.energy.gov/eere/solar/solar-and-agriculture-co-location ↑
U.S. Department of Agriculture; “Agrivoltaics: Coming Soon to a Farm Near You?”; https://www.climatehubs.usda.gov/hubs/northeast/topic/agrivoltaics-coming-soon-farm-near-you ↑
U.S. Department of Energy; “DOE Announces $8 Million to Integrate Solar Energy Production with Farming”; December 2022; https://www.energy.gov/articles/doe-announces-8-million-integrate-solar-energy-production-farming ↑
Clean Energy Council; “Australian Guide To Agrisolar For Large-scale Solar”; March 2021 ↑
Oregon State University; “Sustainable Farm Agrivoltaic”; https://agsci.oregonstate.edu/newsroom/sustainable-farm-agrivoltaic ↑
National Renewable Energy Laboratory; “Growing Plants, Power, and Partnerships Through Agrivoltaics”; August 2022; https://www.nrel.gov/news/program/2022/growing-plants-power-and-partnerships.html ↑
CEC; “Renewable Energy for Agriculture Program”; https://www.energy.ca.gov/programs-and-topics/programs/renewable-energy-agriculture-program ↑
DOC; “Multibenefit Land Repurposing Program – Final Solicitation and Application”; January 2023. ↑
U.S. Department of Energy; “DOE Announces $8 Million to Integrate Solar Energy Production with Farming”; December 2022; https://www.energy.gov/articles/doe-announces-8-million-integrate-solar-energy-production-farming ↑
U.S. Department of Agriculture; “Rural Energy for America Program Renewable Energy Systems & Energy Efficiency Improvement Guaranteed Loans & Grants”; https://www.rd.usda.gov/programs-services/energy-programs/rural-energy-america-program-renewable-energy-systems-energy-efficiency-improvement-guaranteed-loans ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 688 |
THIRD READING
Bill No: SB 688
Author: Padilla (D)
Amended: 4/17/23
Vote: 21
SENATE ENERGY, U. & C. COMMITTEE: 15-0, 4/10/23
AYES: Bradford, Dahle, Ashby, Becker, Dodd, Durazo, Eggman, Gonzalez, McGuire, Min, Newman, Rubio, Seyarto, Skinner, Wilk
NO VOTE RECORDED: Caballero, Grove, Stern
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/18/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
SUBJECT: Agrivoltaic systems: grant funding
SOURCE: Author
DIGEST:
This bill requires the California Energy Commission (CEC), upon appropriation, to award grants for agrivoltaic systems – solar energy systems on agricultural land – as specified.
ANALYSIS:
Existing law:
- Establishes the 100 Percent Clean Energy Act of 2018 as a policy of the state that eligible renewable energy resources and zero-carbon resources supply 100 percent of retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045. (Public Utilities Code §454.53)
- Establishes the California Renewable Portfolio Standard (RPS) Program which requires investor-owned utilities (IOUs), publicly owned utilities (POUs), community choice aggregators (CCAs), and energy service providers (ESPs) to increase purchases of renewable energy such that they each procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatt hours (kWh) of those products sold to their retail end-use customers achieves 25 percent of retail sales by December 31, 2016, 33 percent by December 31, 2020, 44 percent by December 31, 2024, 52 percent by December 31, 2027, and 60 percent by December 31, 2030. (Public Utilities Code §§399.11, 399.13, 399.15, 399.30)
- Establishes the State Energy Resources Conservation and Development Commission (also known as the California Energy Commission (CEC)) and requires the CEC to undertake various actions in furtherance of meeting the state’s clean energy and pollution reduction objectives. (Public Resources Code §25200 et seq.)
- Requires the CEC to assess trends in energy consumption and analyze the social, economic, and environmental consequences of these trends. The CEC must establish energy conservation measures, including building and appliance energy efficiency standards, and recommend additional conservation measures to the governor and the Legislature. (Public Resources Code §25216)
This bill:
- Requires, contingent upon an appropriation for its purposes, the CEC to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems and study the impacts of agrivoltaic systems on farms, on the state’s agricultural economy, and on electricity generated from solar panels.
- Defines agrivoltaic systems to mean a dual-use solar photovoltaic energy system and agricultural activities colocated in specified areas of land, whereby elevated solar photovoltaic panels are installed above active agricultural lands, at heights and configurations that ensure the simultaneous use of the land for agricultural activities beneath or between rows of solar photovoltaic panels.
- Requires the CEC, in consultation with the Department of Food and Agriculture, to develop guidelines and criteria for determining a project’s eligibility for grant funding.
- Requires the CEC to conduct an evaluation of the grant program and make the evaluation publicly available on its internet website.
Background
SB 100 renewable energy and zero-emissions target may necessitate a tripling of solar energy generation. SB 100 (De León, Chapter 312, Statutes of 2018) establishes a target for renewable and zero-carbon resources to supply 100 percent of retail sales by 2045. The statute calls upon the CEC, California Public Utilities Commission (CPUC), and California Air Resources Board (CARB) (collectively: the Joint Agencies) to use programs under existing law to achieve this policy and issue a joint policy report as a first step to evaluate the challenges and opportunities in implementing SB 100. The report includes an initial assessment of the energy resources and the resource building rates needed to achieve 100 percent clean electricity, along with the associated costs. The Joint Agency report issued in March 2021 forecasts system needs out 24 years to 2045, but notes “the preliminary findings are intended to inform state planning and are not intended as a comprehensive nor prescriptive roadmap to 2045…future work will delve deeper into critical topics such as system reliability and land use and further address energy equity and workforce needs.” The report finds the likely need to dramatically increase solar photovoltaic energy procurement (includes both in-state and out-of-state resources) to meet the 2045 goal, from about 12.5 gigawatts (GW) in 2019 to nearly 70 GW in 2045 – a build out of just under 3 GW of solar energy annually. The report acknowledges the many potential impacts of the build-out of energy resources to achieve the SB 100 target, including the need to address impacts to land-use, both working and natural lands.
A rose by any other name? While the siting of solar energy on farmland has existed for decades, agrivoltaic system projects, intend to explore how the dual-use of the land can benefit both solar energy generation and the growth of crops (or livestock or pollinators), and improve overall land productivity. In the case of agrivoltaic system projects, agricultural crops are grown beneath and/or in between rows of solar panels, so as to utilize the same land for both purposes. These projects tend to consider and explore the role of light, including the shade and light spectra provided by solar panels and their impacts on crop production, livestock grazing, and pollinator habitat. According to the U.S. Department of Energy (DOE), in the United States, less than two percent of solar energy projects are co-located with crops or pollinator habitats.
DOE funding. At the federal level, in December 2022, the DOE announced $8 million for six solar energy research projects across six states and the District of Columbia as part of the Foundational Agrivoltaic Research for Megawatt Scale (FARMS) program that supports agrivoltaics. According to the DOE website: The FARMS program supports agrivoltaics in the co-location of agricultural production and solar energy generation on the same land—and aims to reduce barriers to utility-and community-scale solar energy deployment while maximizing benefits for farmers and local communities. The six projects selected are all outside California, with the closest located in Arizona. All of the six projects, except one, were awarded to universities in order to research the role of agrivoltaics. The projects selected for FARMS build on ongoing DOE-funded research, which is focused on conducting research, analysis, and dissemination of agrivoltaics best practices.
Inflation Reduction Act (IRA) funding. Additionally, as part of the federal IRA, the federal government is funding the Rural Energy for America Program Renewable Energy Systems & Energy Efficiency (REAP). The federal REAP program aims to distribute $1.7 billion over five years, 2022-2027, to support renewable energy systems in rural areas. Grant funding is available from $2,500 up to $1 million per grant to help fund biomass, geothermal, hydropower, hydrogen, small and large wind generation, ocean generation, and both large and small solar energy.
Previous state funding towards agricultural and solar energy generation. California has also provided funding for solar generation on agricultural lands, however, those programs did not require agrivoltaic systems, instead, solar systems are most often placed on parts of agricultural lands that are no longer used for agricultural purposes. The REAP, funded under AB 109 (Ting, Chapter 249, Statutes of 2017), provides grants for the installation of onsite renewable energy on agricultural operations in California, to reduce greenhouse gas (GHG) emissions and support the state’s efforts to reduce greenhouse gas emissions. The goals of the program include accelerating the adoption of onsite renewable energy technologies on agricultural operations to accomplish a number of benefits including reducing GHG emissions, reducing demand for fossil fuels and grid electricity, and providing additional co-benefits to local communities. The program received $10 million from the Greenhouse Gas Reduction Fund. The CEC awarded 45 grants across 18 counties, representing $9.5 million, with grants ranging from $25,000-$350,000. In total, the program funded renewable energy system size ranges from 11.5 kW (kilowatts) to about one megawatt (MW). All funding has been awarded for the program and no additional funding remains.
California also provides funding through the State Water Efficiency and Enhancement Program (SWEEP) which provides financial assistance in the form of grants to implement irrigation systems that reduce GHG emissions and save water on California agricultural operations. Eligible projects include those that use solar energy to operate the irrigation systems.
Need for agrivoltaic research in California. Agrivoltaic projects can be crop and climate dependent, as noted by some of the supporters, related studies, and DOE projects. While California has only a few agrivoltaic system projects sprinkled throughout the state, based on DOE maps. Given the importance of both agriculture and renewable energy in the state, the proposed grant program could help better inform the state’s efforts to site solar energy and support agriculture operations with specific research in California, ideally encompassing the diverse regions of the state (funding dependent).
Related/Prior Legislation
SB 100 (De León, Chapter 312, Statutes of 2018) established the 100 Percent Clean Energy Act of 2018 as a policy of the state that eligible renewable energy resources and zero-carbon resources supply 100 percent of retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045. The bill also increased the state’s RPS to 60 percent of retail sales by December 31, 2030 and requires all state agencies to incorporate these targets into their relevant planning.
AB 109 (Ting, Chapter 249, Statutes of 2017) Budget Act of 2017 appropriated six million dollars to fund renewable energy projects in the agriculture sector from the Greenhouse Gas Reduction Fund.
SB 856 (Budget and Fiscal Review Committee, Chapter 30, Statutes of 2018) appropriated four million dollars to fund renewable energy projects in the agriculture sector from the Greenhouse Gas Reduction Fund.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- The CEC estimates ongoing costs of about $300,000 annually (Energy Resource Program Account [ERPA] or General Fund) and two positions to develop and implement the requirements in the bill.
- The Department of Food and Agriculture (CDFA) estimates one-time costs of at least $373,000 spread over four or more years (General Fund) to collaborate extensively with the CEC on topics including impacts on agricultural resources (such as water use), economic effects, regulatory guidelines for agrivoltaic grants.
- Unknown cost pressure, likely of at least several millions of dollars (General Fund, special funds, or bond funds) to provide funding for grants under the program that would be established by this bill.
SUPPORT: (Verified 5/18/23)
350 Bay Area Action
American Farmland Trust
California Climate & Agriculture Network
Climate Action California
Community Alliance with Family Farmers
OPPOSITION: (Verified 5/18/23)
None received
ARGUMENTS IN SUPPORT: According to the author:
Including agrivoltaic projects in California would help farmers improve working conditions for workers, shield crops from extreme weather, generate energy needed around their farming operations, and offers an additional revenue stream to farmers. As our summers get hotter and our winters colder, it is vital that we protect our agricultural workforce from these climate change consequences. Agrivoltaics are an exciting tool that benefits farmers and workers alike. Establishing this pilot program will serve as the test case for California, paving the way to future projects and improvements.
Prepared by: Nidia Bautista / E., U. & C. / (916) 651-4107
5/20/23 13:05:26
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 688 (Padilla) - Agrivoltaic systems: grant funding
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would require the California Energy Commission (CEC), upon appropriation, to award grants for agrivoltaic systems – solar energy systems on agricultural land – as specified.
Fiscal Impact:
- The CEC estimates ongoing costs of about $300,000 annually (Energy Resource Program Account [ERPA] or General Fund) and two positions to develop and implement the requirements in the bill.
- The Department of Food and Agriculture (CDFA) estimates one-time costs of at least $373,000 spread over four or more years (General Fund) to collaborate extensively with the CEC on topics including impacts on agricultural resources (such as water use), economic effects, regulatory guidelines for agrivoltaic grants.
- Unknown cost pressure, likely of at least several millions of dollars (General Fund, special funds, or bond funds) to provide funding for grants under the program that would be established by this bill.
Background:
SB 100 renewable energy and zero-emissions target. In 2018, the Legislature adopted SB 100 (De León, Chapter 312, Statutes of 2018) to establish a target for renewable and zero-carbon resources to supply 100 percent of retail sales and electricity serving all state agencies by 2045. The statute calls upon the CEC, California Public Utilities Commission (CPUC), and California Air Resources Board (CARB) (collectively: the Joint Agencies) to use programs under existing law to achieve this policy and issue a joint policy report. The Joint Agency report was finalized in March 2021, and notes it “is intended to be a first step in an iterative and ongoing effort to assess barriers and opportunities to implementing the 100 percent clean electricity policy.” The Joint Agency report forecasts system needs out 24 years to 2045, but notes “the preliminary findings are intended to inform state planning and are not intended as a comprehensive nor prescriptive roadmap to 2045…future work will delve deeper into critical topics such as system reliability and land use and further address energy equity and workforce needs.” The report finds the likely need to triple solar photovoltaic energy procurement (includes both in-state and out-of-state resources) to meet the 2045 goal, from about 12.5 gigawatts (GW) in 2019 to nearly 70 GW in 2045 – a build out of just under 3 GW of solar energy annually. The report acknowledges the many potential impacts of the build-out of energy resources to achieve the SB 100 target, including the need to address impacts to land-use, both working and natural lands.
A rose by any other name? Agrivoltaic is a term intended to encompass the co-location of agriculture working lands and solar photovoltaic energy resources. While the siting of solar energy on farm land has existed for decades, agrivoltaic projects, generally, intend to explore how the dual-use of the land can benefit both energy generation and the growth of crops and improve overall land productivity. In the case of agrivoltaic projects, agricultural crops are grown beneath and/or in between rows of solar panels, so as to utilize the same land for both purposes. These projects tend to consider and explore the role of light, including the shade and light spectra provided by solar panels and their impacts on crop production, livestock grazing, and pollinator habitat. According to the U.S. Department of Energy (DOE), in the United States, less than two percent of solar energy projects are co-located with crops or pollinator habitats.
California’s Renewable Energy for Agriculture Program funding. The Renewable Energy for Agriculture Program (REAP), funded under AB 109 (Ting, Chapter 249, Statutes of 2017), provides grants for the installation of onsite renewable energy on agricultural operations in California, to reduce greenhouse gas (GHG) emissions and support the state’s efforts to reduce greenhouse gas emissions. The goals of the program include accelerating the adoption of onsite renewable energy technologies on agricultural operations to accomplish a number of benefits including reducing GHG emissions, reducing demand for fossil fuels and grid electricity, and providing additional co-benefits to local communities. The program received $10 million from the Greenhouse Gas Reduction Fund. The CEC awarded 45 grants across 18 counties, representing $9.5 million, with grants ranging from $25,000-$350,000. In total, the program funded renewable energy system size ranges from 11.5 kW (kilowatts) to about 1 megawatt (MW). All funding has been awarded for the program and no additional funding remains.
California also provides funding through the State Water Efficiency and Enhancement Program (SWEEP) which provides financial assistance in the form of grants to implement irrigation systems that reduce GHG and save water on California agricultural operations. Eligible projects include those that use solar energy to operate the irrigation systems.
U.S. Department of Energy funding. At the federal level, the DOE in December 2022 announced $8 million for six solar energy research projects across six states and the District of Columbia as part of the Foundational Agrivoltaic Research for Megawatt Scale (FARMS) program that supports agrivoltaics. According to the DOE website: The FARMS program supports agrivoltaics in the co-location of agricultural production and solar energy generation on the same land—and aims to reduce barriers to utility-and community-scale solar energy deployment while maximizing benefits for farmers and local communities. The six projects selected are all outside California, with the closest located in Arizona. All of the six projects, except one, were awarded to universities in order to research the role of agrivoltaics. The projects selected for FARMS build on ongoing DOE-funded research, which is focused on conducting research, analysis, and dissemination of agrivoltaics best practices.
Inflation Reduction Act funding. Additionally, as part of federal IRA funds, the federal government is funding the Rural Energy for America Program Renewable Energy Systems & Energy Efficiency (REAP). The federal REAP program aims to distribute $1.7 billion over five years, 2022-2027, to support renewable energy systems in rural areas. Grant funding is available from $2,500 up to $1 million per grant to help fund biomass, geothermal, hydropower, hydrogen, small and large wind generation, ocean generation, and both large and small solar energy.
Proposed Law:
This bill would require the CEC, upon appropriation, to award grants for agrivoltaic systems – solar energy systems on agricultural land. Specifically, this bill would:
- Require, contingent upon an appropriation for its purposes, the CEC to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems and study the impacts of agrivoltaic systems on farms, the agricultural economy in different regions of the state with different climate conditions (to the extent funding is available), and on electricity generated from solar panels.
- Require the CEC, in consultation with CDFA, to develop guidelines and criteria for determining a project’s eligibility for grant funding.
- Require the CEC to conduct an evaluation of the grant program, as specified, and make the evaluation publicly available on its internet website.
Related Legislation:
SB 1489 (Committee on Governance and Finance, Chapter 427, Statutes of 2022) made several minor changes to state laws governing local governments’ powers and duties, including re-instating the solar use easements originally established by SB 618 (see below).
SB 100 (De León, Chapter 312, Statutes of 2018) established the 100 Percent Clean Energy Act of 2018 as a policy of the state that eligible renewable energy resources and zero-carbon resources supply 100 percent of retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045. The bill also increased the state’s RPS to 60 percent of retail sales by December 31, 2030 and requires all state agencies to incorporate these targets into their relevant planning.
AB 109 (Ting, Chapter 249, Statutes of 2017) Budget Act of 2017 appropriated six million dollars to fund renewable energy projects in the agriculture sector from the Greenhouse Gas Reduction Fund.
SB 856 (Budget and Fiscal Review Committee, Chapter 30, Statutes of 2018) appropriated four million dollars to fund renewable energy projects in the agriculture sector from the Greenhouse Gas Reduction Fund.
SB 618 (Wolk, Chapter 596, Statutes of 2011) authorized a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified.
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SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
Senator Steven Bradford, Chair
2023 - 2024 Regular
Bill No: SB 688 Hearing Date: 4/10/2023
Author: | Padilla | ||
Version: | 3/20/2023 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Nidia Bautista | ||
SUBJECT: Agrivoltaic systems: grant funding
DIGEST: This bill requires the California Energy Commission (CEC), upon appropriation, to award grants for agrivoltaic systems – solar energy systems on agricultural land – as specified. Additionally, this bill includes agrivoltaic system as an agriculture use for purposes of the Williamson Act and its related taxation benefits.
ANALYSIS:
Existing law:
- Establishes the 100 Percent Clean Energy Act of 2018 as a policy of the state that eligible renewable energy resources and zero-carbon resources supply 100 percent of retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045. (Public Utilities Code §454.53)
- Establishes the California Renewable Portfolio Standard (RPS) Program which requires investor-owned utilities (IOUs), publicly owned utilities (POUs), community choice aggregators (CCAs), and energy service providers (ESPs) to increase purchases of renewable energy such that they each procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatt hours (kWh) of those products sold to their retail end-use customers achieves 25 percent of retail sales by December 31, 2016, 33 percent by December 31, 2020, 44 percent by December 31, 2024, 52 percent by December 31, 2027, and 60 percent by December 31, 2030. (Public Utilities Code §§399.11, 399.13, 399.15, 399.30)
- Establishes the State Energy Resources Conservation and Development Commission (also known as the California Energy Commission (CEC)), consisting of five members appointed by the governor, and specifies the duties of the CEC. Requires the CEC to undertake various actions in furtherance of meeting the state’s clean energy and pollution reduction objectives. (Public Resources Code §25200 et. seq.)
- Requires the CEC to assess trends in energy consumption and analyze the social, economic, and environmental consequences of these trends. The CEC must establish energy conservation measures, including building and appliance energy efficiency standards, and recommend additional conservation measures to the governor and the Legislature. (Public Resources Code §25216)
- Establishes the Williamson Act and authorizes a city or county to contract with a landowner to limit the use of land devoted to agricultural use or located in an agricultural preserve designated by the city or county in exchange for reduced property tax assessments. (Government Code § 51201)
This bill:
Relevant to establishing a grant program for agrivoltaics:
- Requires, contingent upon an appropriation for its purposes, the CEC to award grants for agrivoltaic system projects to support research and development in agrivoltaic systems and study the impacts of agrivoltaic systems on farms and on electricity generated from solar panels.
- Requires the CEC, in consultation with the Department of Food and Agriculture, to develop guidelines defining agrivoltaic systems and criteria for determining a project’s eligibility for grant funding.
- Requires the CEC to conduct an evaluation of the grant program, as specified, and make the evaluation publicly available on its internet website.
Relevant to amending the Williamson Act:
- Specifies that the use of land for an agrivoltaic system pursuant to this bill’s provisions is an “agricultural use” for purposes of the Williamson Act.
- Makes numerous non-substantive changes to the provision related to the Williamson Act.
Background
SB 100 renewable energy and zero-emissions target. In 2018, the Legislature adopted SB 100 (De León, Chapter 312, Statutes of 2018) to establish a target for renewable and zero-carbon resources to supply 100 percent of retail sales and electricity serving all state agencies by 2045. The statute calls upon the CEC, California Public Utilities Commission (CPUC), and California Air Resources Board (CARB) (collectively: the Joint Agencies) to use programs under existing law to achieve this policy and issue a joint policy report. The Joint Agency report was finalized in March 2021, and notes it “is intended to be a first step in an iterative and ongoing effort to assess barriers and opportunities to implementing the 100 percent clean electricity policy.” The Joint Agency report forecasts system needs out 24 years to 2045, but notes “the preliminary findings are intended to inform state planning and are not intended as a comprehensive nor prescriptive roadmap to 2045…future work will delve deeper into critical topics such as system reliability and land use and further address energy equity and workforce needs.” The report finds the likely need to triple solar photovoltaic energy procurement (includes both in-state and out-of-state resources) to meet the 2045 goal, from about 12.5 gigawatts (GW) in 2019 to nearly 70 GW in 2045 – a build out of just under 3 GW of solar energy annually. The report acknowledges the many potential impacts of the build-out of energy resources to achieve the SB 100 target, including the need to address impacts to land-use, both working and natural lands.
A rose by any other name? Agrivoltaic is a term intended to encompass the co-location of agriculture working lands and solar photovoltaic energy resources. While the siting of solar energy on farm land has existed for decades, agrivoltaic projects, generally, intend to explore how the dual-use of the land can benefit both energy generation and the growth of crops and improve overall land productivity. In the case of agrivoltaic projects, agricultural crops are grown beneath and/or in between rows of solar panels, so as to utilize the same land for both purposes. These projects tend to consider and explore the role of light, including the shade and light spectra provided by solar panels and their impacts on crop production, livestock grazing, and pollinator habitat. According to the U.S. Department of Energy (DOE), in the United States, less than two percent of solar energy projects are co-located with crops or pollinator habitats.
California’s Renewable Energy for Agriculture Program funding. The Renewable Energy for Agriculture Program (REAP), funded under AB 109 (Ting, Chapter 249, Statutes of 2017), provides grants for the installation of onsite renewable energy on agricultural operations in California, to reduce greenhouse gas (GHG) emissions and support the state’s efforts to reduce greenhouse gas emissions. The goals of the program include accelerating the adoption of onsite renewable energy technologies on agricultural operations to accomplish a number of benefits including reducing GHG emissions, reducing demand for fossil fuels and grid electricity, and providing additional co-benefits to local communities. The program received $10 million from the Greenhouse Gas Reduction Fund. The CEC awarded 45 grants across 18 counties, representing $9.5 million, with grants ranging from $25,000-$350,000. In total, the program funded renewable energy system size ranges from 11.5 kW (kilowatts) to about 1 megawatt (MW). All funding has been awarded for the program and no additional funding remains.
California also provides funding through the State Water Efficiency and Enhancement Program (SWEEP) which provides financial assistance in the form of grants to implement irrigation systems that reduce GHG and save water on California agricultural operations. Eligible projects include those that use solar energy to operate the irrigation systems.
U.S. Department of Energy funding. At the federal level, the DOE in December 2022 announced $8 million for six solar energy research projects across six states and the District of Columbia as part of the Foundational Agrivoltaic Research for Megawatt Scale (FARMS) program that supports agrivoltaics. According to the DOE website: The FARMS program supports agrivoltaics in the co-location of agricultural production and solar energy generation on the same land—and aims to reduce barriers to utility-and community-scale solar energy deployment while maximizing benefits for farmers and local communities. The six projects selected are all outside California, with the closest located in Arizona. All of the six projects, except one, were awarded to universities in order to research the role of agrivoltaics. The projects selected for FARMS build on ongoing DOE-funded research, which is focused on conducting research, analysis, and dissemination of agrivoltaics best practices.
Inflation Reduction Act funding. Additionally, as part of federal IRA funds, the federal government is funding the Rural Energy for America Program Renewable Energy Systems & Energy Efficiency (REAP). The federal REAP program aims to distribute $1.7 billion over five years, 2022-2027, to support renewable energy systems in rural areas. Grant funding is available from $2,500 up to $1 million per grant to help fund biomass, geothermal, hydropower, hydrogen, small and large wind generation, ocean generation, and both large and small solar energy.
About the Williamson Act. The Williamson Act, also known as the California Land Conservation Act of 1965, enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive property tax assessments which are much lower than normal because they are based upon farming and open space uses as opposed to full market value. These contracts renew automatically each year, unless the contract is ended through nonrenewal, cancellation, or termination. This bill adds agrivoltaics to the definition of agriculture use within the Williamson Act, thereby authorizing contracts between local governments and private landowners to access the property tax benefits afforded by the Act.
Need for agrivoltaic research in California. Agrivoltaic projects can be crop and climate dependent, as noted by some of the supporters, related studies, and DOE projects. While California does seem to have a few agrivoltaic projects sprinkled throughout the state, based on DOE maps, there do not seem to be many given the importance of agriculture and renewable energy in the state. In this regard, the proposed grant program could help better inform the state’s efforts to site solar energy and support agriculture operations with specific research in California, ideally encompassing the diverse regions of the state (funding dependent).
Amendments. The author and committee may wish to amend this bill to:
- Ensure grants are made available in different regions with different climate conditions in the state (funding dependent).
- Include a definition for agrivoltaic to encompass the dual-use of the land.
- Require the CEC evaluation provides recommendations regarding crop layout and solar system designs.
Double Referral. This bill is also referred to the Senate Committee on Agriculture.
Prior/Related Legislation
SB 1489 (Committee on Governance and Finance, Chapter 427, Statutes of 2022) made several minor changes to state laws governing local governments’ powers and duties, including re-instating the solar use easements originally established by SB 618 (see below).
SB 100 (De León, Chapter 312, Statutes of 2018) established the 100 Percent Clean Energy Act of 2018 as a policy of the state that eligible renewable energy resources and zero-carbon resources supply 100 percent of retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045. The bill also increased the state’s RPS to 60 percent of retail sales by December 31, 2030 and requires all state agencies to incorporate these targets into their relevant planning.
AB 109 (Ting, Chapter 249, Statutes of 2017) Budget Act of 2017 appropriated six million dollars to fund renewable energy projects in the agriculture sector from the Greenhouse Gas Reduction Fund.
SB 856 (Budget and Fiscal Review Committee, Chapter 30, Statutes of 2018) appropriated four million dollars to fund renewable energy projects in the agriculture sector from the Greenhouse Gas Reduction Fund.
SB 618 (Wolk, Chapter 596, Statutes of 2011) authorized a city or county and a landowner to simultaneously rescind a Williamson Act contract on marginally productive or physically impaired lands and enter into a solar-use easement that restricts the use of land to photovoltaic solar facilities, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT:
American Farmland Trust
Climate Action California
Community Alliance with Family Farmers, if amended
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: According to the author:
Including agrivoltaic projects in California would help farmers improve working conditions for workers, shield crops from extreme weather, generate energy needed around their farming operations, and offers an additional revenue stream to farmers. As our summers get hotter and our winters colder, it is vital that we protect our agricultural workforce from these climate change consequences. Agrivoltaics are an exciting tool that benefits farmers and workers alike. Establishing this pilot program will serve as the test case for California, paving the way to future projects and improvements.
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Discussed in Hearing
Assembly Standing Committee on Utilities and Energy
Senate Standing Committee on Energy, Utilities and Communications
Bill Author
Bill Co-Author(s):