February 27, 2025
Mr. Tiffany (for himself, Mr. Davidson, Mr. Cline, and Mr. Williams of Texas) introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to provide that the energy credit shall not apply to certain types of energy production on agricultural land, and for other purposes.
Section 1. Short title
This Act may be cited as the Future Agriculture Retention and Management Act of 2025
or the FARM Act of 2025
.
Sec. 2. Restriction on tax credits for renewable energy production on agricultural land
(a) Solar property
(1) In general
Section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
(f) Denial of credit with respect to certain solar energy property on agricultural land
(1) In general
Subsection (a) shall not apply to equipment described in subsection (a)(3)(A)(i) that is placed in service by a public utility on agricultural land.
(2) Definitions
For purposes of this subsection—
(A) Agricultural land
The term
agricultural landhas the meaning given the termeligible landin section 1240A of the Food Security Act of 1985.(B) Public utility
The term
public utilityhas the meaning given the term in section 136(c)(2).
(2) Conforming amendment
Section 48(a)(1) of such Code is amended by inserting subsection (f) and
after provided in
.
(b) Wind property
Section 45(e)(6) of such Code is amended to read as follows:
(6) Denial of credit with respect to certain energy property on agricultural land
(A) In general
The credit determined under subsection (a) shall not apply to electricity produced by a solar energy facility or wind facility placed in service after the date of enactment of the Future Agriculture Retention and Management Act of 2025 by a public utility on agricultural land.
(B) Definitions
For the purposes of this paragraph—
(i) Agricultural land
The term
agricultural landhas the meaning given the termeligible landin section 1240A of the Food Security Act of 1985.(ii) Public utility
The term
public utilityhas the meaning given the term in section 136(c)(2).
(c) Effective date
The amendments made by this section shall apply to property placed in service after the date of enactment of this Act.