[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4369 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4369

To amend the Internal Revenue Code of 1986 to deny the energy credit to 
    property located on prime or unique farmland, as defined by the 
   Secretary of Agriculture in part 657 of title 7, Code of Federal 
   Regulations, if such property is used for generating solar energy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2023

    Mr. Bost (for himself, Mr. Langworthy, and Mrs. Chavez-DeRemer) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to deny the energy credit to 
    property located on prime or unique farmland, as defined by the 
   Secretary of Agriculture in part 657 of title 7, Code of Federal 
   Regulations, if such property is used for generating solar energy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Agriculture, Nutrients, and 
Essential Lands from Solar Act'' or the ``PANELS Act''.

SEC. 2. CREDITS AMENDED TO EXCLUDE PROPERTY LOCATED ON PRIME OR UNIQUE 
              FARMLAND.

    (a) Energy Credit.--
            (1) Energy property.--Section 48(a)(3) of the Internal 
        Revenue Code of 1986 is amended by striking the period at the 
        end and inserting ``, or property which is located on prime 
        farmland or unique farmland if such property is used for 
        generating solar energy.''
            (2) Qualified property.--Section 48(a)(5)(D) of such Code 
        is amended--
                    (A) in clause (iii), by striking ``and'' at the 
                end,
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``, and'', and
                    (C) by adding at the end the following new clause:
                            ``(v) which, in the case of property used 
                        for the purpose of generating solar energy, is 
                        not located on prime farmland or unique 
                        farmland.''.
            (3) Definitions added.--Section 48(c) of such Code is 
        amended by adding at the end the following new paragraph:
            ``(9) Prime farmland; unique farmland.--The terms `prime 
        farmland' and `unique farmland' have the meaning given such 
        terms in part 657 of title 7, Code of Federal Regulations.''.
            (4) Qualified solar and wind facility.--Section 48(e)(2)(A) 
        of such Code is amended--
                    (A) in clause (ii), by striking ``and'' at the end,
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``, and'', and
                    (C) by adding at the end the following new clause:
                            ``(iv) which, in the case of a facility 
                        used for generating solar energy, is not 
                        located on prime farmland or unique 
                        farmland.''.
    (b) Clean Electricity Production Credit.--Section 45Y(b)(1) is 
amended--
            (1) in subparagraph (A), by striking ``subparagraphs (B), 
        (C), and (D),'' and inserting ``subparagraphs (B), (C), (D), 
        and (E)'', and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Prime farmland and unique farmland 
                excluded.--The term `qualified facility' shall not 
                include any facility used for generating solar energy 
                if such facility is located on prime farmland or unique 
                farmland (as such terms are defined in section 
                48(c)(9)).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.
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