February 12, 2025
Mr. Bost (for himself and Mr. Finstad) introduced the following bill; which was referred to the Committee on Ways and Means
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.
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 farmlandandunique farmlandhave 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 facilityshall 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.