II 118TH CONGRESS 1ST SESSION S. 1555 To amend the Farm Security and Rural Investment Act of 2002 to support solar projects under the Rural Energy for America Program, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 11, 2023 Mr. MERKLEY (for himself and Mr. BOOKER) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nu- trition, and Forestry A BILL To amend the Farm Security and Rural Investment Act of 2002 to support solar projects under the Rural Energy for America Program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Pollinator Power Act 4 of 2023’’. 5 SEC. 2. SOLAR PROJECTS UNDER RURAL ENERGY FOR 6 AMERICA PROGRAM. 7 Section 9007(c) of the Farm Security and Rural In- 8 vestment Act of 2002 (7 U.S.C. 8107(c)) is amended— 9 VerDate Sep 11 2014 21:48 May 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1555 IS (1) in paragraph (1)— 1 (A) in subparagraph (A)— 2 (i) in clause (i)(II), by striking ‘‘and’’ 3 at the end; 4 (ii) in clause (ii)(III), by striking the 5 period at the end and inserting ‘‘; and’’; 6 and 7 (iii) by adding at the end the fol- 8 lowing: 9 ‘‘(iii) loan guarantees and grants to 10 agricultural producers, rural small busi- 11 nesses, and farmer-owned cooperatives to 12 carry out solar projects that include the 13 creation of pollinator habitat (as defined 14 by the Natural Resources Conservation 15 Service), in accordance with subparagraph 16 (C).’’; and 17 (B) by adding at the end the following: 18 ‘‘(C) SOLAR PROJECTS WITH POLLINATOR 19 HABITAT REQUIREMENT.—A project described 20 in subparagraph (A)(iii) shall meet the fol- 21 lowing requirements: 22 ‘‘(i) Not less than 35 percent of new 23 solar area created under the project shall 24 VerDate Sep 11 2014 23:34 May 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1555 IS be pollinator habitat (as defined by the 1 Natural Resources Conservation Service). 2 ‘‘(ii) Not less than 50 percent of the 3 pollinator habitat (as so defined) shall be 4 planted and maintained as a native cover 5 composed only of native plant species.’’; 6 (2) by redesignating paragraphs (2) through 7 (4) as paragraphs (3) through (5), respectively; 8 (3) by inserting after paragraph (1) the fol- 9 lowing: 10 ‘‘(2) PRIORITY.—In providing loan guarantees 11 and grants under paragraph (1)(A), the Secretary 12 shall give priority to projects described in clause (iii) 13 of that paragraph.’’; and 14 (4) in paragraph (4) (as so redesignated), in 15 subparagraph (A)— 16 (A) by striking ‘‘The amount’’ and insert- 17 ing the following: 18 ‘‘(i) IN GENERAL.—Except as pro- 19 vided in clause (ii), the amount’’; and 20 (B) by adding at the end the following: 21 ‘‘(ii) SOLAR PROJECTS WITH POLLI- 22 NATOR HABITAT.—The amount of a grant 23 under paragraph (1)(A)(iii) shall not ex- 24 ceed 55 percent of the cost of the activity 25 VerDate Sep 11 2014 21:48 May 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1555 IS carried out using funds from the grant, in- 1 cluding the cost of the creation of a polli- 2 nator habitat.’’. 3 Æ VerDate Sep 11 2014 21:48 May 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1555.IS S1555 kjohnson on DSK79L0C42PROD with BILLS