As of August 2024, three proposals have been released on the 2024 Farm Bill – one in the House of Representatives and two in the Senate. This article is the seventh in a series outlining the themes in these three proposals. This article will cover the Energy and Miscellaneous titles.
Background
The Farm Bill is a multi-year comprehensive law, containing twelve separate Titles, that governs most aspects of food and agriculture in the United States. The Farm Bill was originally enacted in 1933 as part of the New Deal and is typically reauthorized every five years. The 2018 Farm Bill was set to expire in 2023. However, Congress passed a one-year extension. If Congress does not pass a new Farm Bill or another extension this year, some programs will expire at the end of the federal government’s fiscal year, which is September 30, 2024, and other programs will expire at the end of the 2024 crop year, which is December 31, 2024.
In 2018, the total baseline budget over ten years in the Farm Bill was approximately $867 billion. Of this, the Energy and Miscellaneous titles each accounted for less than one percent of the budget. The total projected baseline budget for the 2024 Farm Bill is $1.4 trillion, and of this, the Energy and Miscellaneous titles would each account for less than one percent of the budget.
Three proposals for the 2024 Farm Bill have been released, one in the House of Representatives and two in the Senate. On May 17, 2025, House Agriculture Committee Chairman G.T. Thompson released the text of the Farm, Food, and National Security Act of 2024 (“House proposal”) and a title-by-title summary. On May 23, 2024, the House Agriculture Committee held a markup meeting, where members offered, debated, and voted on amendments to the bill. The bill was voted out of committee and will now be considered by the entire House of Representatives. Chairman Thompson has indicated that he hopes to have a full House of Representatives vote in September.
On May 1, 2024, Senate Agriculture Committee Chairwoman Debbie Stabenow released a section-by-section summary of the Rural Prosperity and Food Security Act (“Senate Majority proposal”). Senator Stabenow has not released the full text of the bill or scheduled a markup hearing. On June 11, 2024, Senate Agriculture Committee Ranking Member John Boozman released title-by-title summaries of the Senate Minority (“Senate Minority proposal”). Senator Boozman has not released the full text of the bill and a markup meeting has not been scheduled.
Title 9: Energy
The programs in the Energy title primarily provide support for the development of renewable energy sources. The Energy provisions in the three Farm Bill proposals fit into three categories – programs related to rural energy development, biofuels, and agrivoltaics.
Rural Energy
All three proposals address programs related to rural energy development. All three proposals would increase the federal cost share and maximum loan amount for energy efficiency improvements and renewal energy systems grants and loans. Under all three proposals, the maximum loan amount would be increased from $25 million to $50 million. Under the Senate Majority and Senate Minority proposals, the federal cost share would be increased to fifty percent. Under the House proposal, the federal cost share for beginning and disadvantaged farmers and ranchers would be increased to fifty percent and for all other borrowers would be increased to thirty-five percent. Additionally, the Senate Majority proposal would expand eligibility for the Energy Audit and Renewable Energy Assistance Grants to include agricultural producer cooperatives. Lastly, the Senate Majority and Senate Minority proposals would create a simplified application for the Rural Energy for America Program for projects under $50,000.
Biofuels
All three proposals also address programs related to biofuels. The three proposals would expand eligibility for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, also known as the 9003 Program, to include sustainable aviation fuel. Additionally, the Senate Majority proposal would increase the amount of money that can be loaned under the 9003 Program from $250 million to $400 million. The House proposal would establish a study to create a national uniform labeling standard for bioproducts. Lastly, the Senate Majority and Senate Minority proposals would increase the number of federal procurement contracts for biobased products.
Agrivoltaics
Lastly, the House proposal and Senate Majority proposal address agrivoltaics. The U.S. Department of Energy defines agrivoltaics as “agricultural production, such as crop or livestock production or pollinator habitats, underneath solar panels or adjacent to solar panels.” The House proposal would “limit the Secretary [of Agriculture’s] authority to utilize USDA dollars to convert private forestland or prime farmland into ground-mounted solar installations.” The Senate Majority proposal would require USDA to coordinate with the Department of Energy “to issue guidance on best practices for agrivoltaics.”
Title 12: Miscellaneous
The Miscellaneous title includes programs and provisions related to food and agriculture that don’t fit into the other eleven titles. The Miscellaneous title provisions in the three Farm Bill proposals fit into five categories – dogs, livestock, historically underserved producers, foreign ownership of agricultural land, and the organization of USDA.
Dogs
All three proposals include provisions related to dogs. All three proposals would require electronic documentation for dogs imported into the United States. Specifically, the House proposal would require electronic documentation “[confirming] the dog is in good health; has received all necessary vaccination and parasite treatment, demonstrated negative test results, and has a certificate by an accredited veterinarian; is officially identified by a permanent method approved by the Secretary [of Agriculture]; and in the case of a dog intended for transfer, is at least six months old.” The House proposal would provide limited exceptions to the electronic documentation requirements.
Livestock
All three proposals also address provisions related to livestock. The House proposal and Senate Minority proposal would allow livestock auction owners to invest in packing facilities that meet specific requirements. The House proposal would require livestock auction owners to disclose the investment to livestock sellers. The Senate Majority proposal would “exempt meat processing facilities with $50 million of live animal purchases or less, or individuals with [ten percent] ownership interest or less in a meat processing facility, from the prohibition on owning, financing, or participating in the management or operation of a livestock marketing agency.”
The Senate Majority and Senate Minority proposals would provide new funding for small meat and poultry processing facilities. Additionally, the Senate Majority proposal would provide new funding for custom processing facilities and processing facilities that are subject to state inspection and increase the federal funding for state inspection programs. The House proposal and Senate Minority proposal would create programs for custom exempt slaughter facilities to sell meat directly to consumers, under limited circumstances. The House proposal would impose labeling, slaughtering, and reporting requirements.
Lastly, the House proposal and Senate Minority proposal would address the recent Supreme Court of the United States ruling in National Pork Producers Council v. Ross, which allowed California’s Proposition 12 to go into effect. For more details on the proposed provisions to limit the application of Proposition 12, click here for NALC article “Animal Ag in the ‘Farm, Food, and National Security Act of 2024’.”
Historically Underserved Producers
The House proposal and Senate Majority proposal would address programs related to historically underserved producers. The House proposal and Senate Majority proposal would amend provisions related to Tribal self-determination contracts. The House proposal would “require USDA Office of Tribal Relations to oversee self-determination contracts and self-governance compacts entered into between the Secretary and tribal organizations or Indiana Tribes.” The Senate Majority proposal would require USDA to establish an office or senior official to oversee Tribal self-determination contracts.
The Senate Majority proposal would also expand the Farming Opportunities Training and Outreach Program to include interpretation and translation services. Additionally, the Senate Majority proposal would establish an Office of Small Farms, which would work on policies and programs related to small farmers, ranchers, and forest owners, including by identifying barriers for these groups. Lastly, the Senate Majority proposal would establish a disaster assistance grant program for grocery, farm, and foodworkers.
Foreign Ownership of Ag Land
The three proposals also address foreign ownership of agricultural land by amending the Agricultural Foreign Investment Disclosure Act, also known as AFIDA. A future article will discuss the specific proposals related to foreign ownership of agricultural land.
Department of Agriculture Structure
Lastly, the Senate Majority proposal would expand the offices in USDA. Specifically, the proposal would establish several new offices and positions within USDA, including the Office of Customer Experience, Office of Digital Service, Climate Hubs, Housing and Urban Development Liaison, Aquaculture Liaison, and Farmer Seed Liaison. Additionally, the proposal would “establish regional coordinators for food loss and waste reduction within [USDA].”
Conclusion
The House proposal passed out of the Agriculture Committee and will not move to the House of Representatives floor for consideration. The Senate Majority and Minority proposals are simply frameworks and neither group has released full bill text. As the 2018 Farm Bill Extension’s expiration date of September 30, 2024, approaches, Congress has three options. The first option is to pass a new Farm Bill. The second option is to let the 2018 Farm Bill expire. The third option is to pass another extension of the 2018 Farm Bill.
To read the articles in the 2024 Farm Bill series, click here.
For more NALC resources on the Farm Bill, click here.
For more NALC resources on Renewable Energy, click here.
For more NALC resources on Foreign Ownership of Ag Land, click here.
Webinar Opportunity:
- To learn more about agrivoltaics, Peggy Kirk Hall, Associate Professor in Agriculture & Resource Law at The Ohio State University, and Jesse Richardson, Professor of Law at the Land Use and Sustainable Development Law Clinic at the West Virginia University College of Law will be present at the webinar “Can Agriculture and Solar Co-Exist” on August 21, 2024 at 12 pm EDT – click here to register.