Section 1 Short title
This Act may be cited as the “No Solar Panels on Fertile Farmland Act of 2023”.
No Solar Panels on Fertile Farmland Act of 2023
A BILL
To amend the Internal Revenue Code of 1986 to exclude property and facilities located on prime farmland from certain credits relating to renewable energy production and investment.
Sec. 2 Exclusion of property placed in service on prime farmland from residential clean energy credit
In general— Section 25D(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(9) Exclusion of prime farmland
“(A) In general—Expenditures which are properly allocable to property placed in service on prime farmland shall not be taken into account for purposes of this section.
“(B) Prime farmland defined—For purposes of this paragraph, the term “prime farmland” means land determined by the Secretary of Agriculture to be prime farmland within the meaning of part 657.5 of title 7, Code of Federal Regulations.”
Effective date— The amendment made by this section shall apply to property placed in service after the date of the enactment of this section.
Sec. 3 Exclusion of facilities located on prime farmland from renewable electricity production credit
In general— Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(14) Prime farmland excluded—The term “qualified facility” shall not include any facility located on prime farmland (as defined in section 25D(e)(9)).”
Effective date— The amendments made by this section shall apply to facilities placed in service after the date of the enactment of this section.
Sec. 4 Exclusion of property placed in service on prime farmland from energy credit
In general— Section 48(a)(3) of the Internal Revenue Code of 1986 is amended by inserting “or any property located on prime farmland (as defined in section 25D(e)(9))” after “any prior taxable year”.
Effective date— The amendment made by this section shall apply to property placed in service after the date of the enactment of this section.
Sec. 5 Exclusion of property placed in service on prime farmland from clean electricity investment credit
In general— Section 48E(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(6) Exclusion of prime farmland—Expenditures which are properly allocable to property placed in service on prime farmland (as defined in section 25D(e)(9)) shall not be taken into account for purposes of this section.”
Effective date— The amendment made by this section shall apply to qualified investments with respect to any qualified facility or energy storage technology the construction of which begins after the date of the enactment of this section.
Sec. 6 Exclusion of facilities located on prime farmland from clean electricity production credit
In general— Section 45Y(b)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(E) Prime farmland excluded—The term “qualified facility” shall not include any facility located on prime farmland (as defined in section 25D(e)(9)).”
Effective date— The amendments made by this section shall apply to facilities placed in service after the date of the enactment of this section.