119-hr3313

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3313 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 3313

 To prohibit the head of a Federal agency from using Federal funds for 
 certain solar energy projects that would result in the conversion of 
farmland, to exclude from certain tax credits relating to clean energy 
facilities placed in service on prime farmland, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 8, 2025

Mr. Taylor (for himself, Mr. Davidson, and Ms. Hageman) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
 and in addition to the Committee on Energy and Commerce, for a period 
 to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
 committee concerned

_______________________________________________________________________

 A BILL

 To prohibit the head of a Federal agency from using Federal funds for 
 certain solar energy projects that would result in the conversion of 
farmland, to exclude from certain tax credits relating to clean energy 
facilities placed in service on prime farmland, and for other purposes.

 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 ``Protecting American Farmland Act''.

SEC. 2. PROHIBITION ON AGENCY FUNDING FOR COVERED SOLAR ENERGY 
 PROJECTS.

    (a) In General.--The head of a Federal agency may not use Federal 
funds, including by providing funds, a loan, or a loan guarantee to any 
person, to carry out a covered solar energy project that would result 
in the conversion of prime farmland.

    (b) 

=== Definitions. ===
-In this section:

    (1) Conversion.--The term ``conversion'' means, with 
 respect to prime farmland, any activity that results in the 
 farmland failing to meet the requirements of a State (as such 
 term is defined in 

section 343 of the Consolidated Farm and 
 Rural Development Act (7 U.S.C. 1991)) for agricultural 
 production, activity, or use.

    (2) Covered solar energy project.--The term ``covered solar 
 energy project'' means a project for the installation, 
 operation, and maintenance of a ground-mounted facility for the 
 generation of electricity from solar energy, primarily for the 
 purpose of sale of such electricity.

    (3) Federal agency.--The term ``Federal agency'' has the 
 meaning given the term ``agency'' in 

section 551 of title 5, 
 United States Code.

    (4) Prime farmland.--The term ``prime farmland'' means 
 farmland described in 

section 1540
            (c) (1)
        (A) of the Farmland 
 Protection Policy Act (7 U.S.C. 4201
            (c) (1)
        (A) ).

SEC. 3. EXCLUSION OF PROPERTY PLACED IN SERVICE ON PRIME FARMLAND FROM 
 RESIDENTIAL CLEAN ENERGY CREDIT.

    (a) 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 solar property located on prime 
 farmland.--
 ``
        (A) In general.--Qualified solar electric 
 property expenditure 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 farmland 
 described in 

section 1540
            (c) (1)
        (A) of the Farmland 
 Protection Policy Act.''.

    (b) 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. 4. EXCLUSION OF FACILITIES LOCATED ON PRIME FARMLAND FROM 
 RENEWABLE ELECTRICITY PRODUCTION CREDIT.

    (a) In General.--

Section 45

    (e) of the Internal Revenue Code of 1986 
is amended by adding at the end the following new paragraph:
 ``

    (14) Exclusion of solar energy facilities located on 
 prime farmland.--The term `qualified facility' shall not 
 include any solar energy facility located on prime farmland (as 
 defined in 

section 25D

    (e)

    (9)
        (B) ).''.

    (b) Effective Date.--The amendment made by this section shall apply 
to facilities placed in service after the date of the enactment of this 
section.

SEC. 5. EXCLUSION OF FACILITIES LOCATED ON PRIME FARMLAND FROM CLEAN 
 ELECTRICITY PRODUCTION CREDIT.

    (a) In General.--

Section 45Y

    (g) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new paragraph:
 ``

    (13) Exclusion of solar facilities located on prime 
 farmland.--The term `qualified facility' shall not include any 
 solar energy facility located on prime farmland (as defined in 
 

section 25D

    (e)

    (9)
        (B) ).''.

    (b) Effective Date.--The amendment made by this section shall apply 
to facilities placed in service after the date of the enactment of this 
section.

SEC. 6. EXCLUSION OF PROPERTY PLACED IN SERVICE ON PRIME FARMLAND FROM 
 ENERGY CREDIT.

    (a) 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)
        (B) )'' after ``any prior 
taxable year''.

    (b) 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. 7. EXCLUSION OF PROPERTY PLACED IN SERVICE ON PRIME FARMLAND FROM 
 CLEAN ELECTRICITY INVESTMENT CREDIT.

    (a) 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 solar facilities located on prime 
 farmland.--Expenditures which are properly allocable to solar 
 energy property placed in service on prime farmland (as defined 
 in 

section 25D

    (e)

    (9)
        (B) ) shall not be taken into account for 
 purposes of this section.''.

    (b) Effective Date.--The amendment made by this section shall apply 
to qualified investments with respect to facilities placed in service 
after the date of the enactment of this section.
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