118 HR 4369 IH: Protect Agriculture, Nutrients, and Essential Lands from Solar Act U.S. House of Representatives 2023-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 4369IN THE HOUSE OF REPRESENTATIVESJune 27, 2023Mr. Bost (for himself, Mr. Langworthy, and Mrs. Chavez-DeRemer) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo 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.

1.

Short title

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

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.