Protecting American Farmland Act
The Protecting American Farmland Act would (1) bar the head of any federal agency from using federal funds to support solar energy projects that would convert prime farmland, and (2) remove prime farmland from eligibility for several federal clean energy tax credits. Specifically, the bill defines and restricts “covered solar energy projects” that could cause farmland to fail to meet state agricultural-use standards, and it excludes solar facilities located on prime farmland from a suite of energy-related tax incentives. The goal is to shield prime farmland from federal solar investments and related tax benefits, shifting incentives toward non-farmland sites. The measure also adds explicit definitions for terms like conversion, prime farmland, and covered solar energy projects, and it sets that these changes apply to projects placed in service after the date of enactment. The bill is titled the Protecting American Farmland Act and was introduced in the 119th Congress, with initial sponsors including Mr. Taylor, along with Mr. Davidson and Ms. Hageman.
Key Points
- 1Prohibition on federal funding for covered solar energy projects that would convert prime farmland. The head of a federal agency may not use funds (including loans or loan guarantees) to support such projects.
- 2Definitions to guide implementation:
- 3- Conversion: any activity that makes prime farmland fail to meet state standards for agricultural production, use, or activity.
- 4- Covered solar energy project: a ground-mounted solar facility primarily for sale of electricity.
- 5- Prime farmland: as defined in the Farmland Protection Policy Act (section 1540(c)(1)(A)).
- 6Exclusion of prime farmland from residential clean energy credit (Section 25D):
- 7- Solar property placed on prime farmland is not eligible for the residential energy credit; applies to property placed in service after enactment.
- 8Exclusion from other energy-related credits:
- 9- Solar facilities on prime farmland are excluded from the Renewable Electricity Production Credit (Section 45) and the Clean Electricity Production Credit (Section 45Y) for facilities placed in service after enactment.
- 10- Solar expenditures on prime farmland are excluded from the Energy Credit (Section 48) and the Clean Electricity Investment Credit (Section 48E) for investments placed in service after enactment.
- 11Short title and effective date:
- 12- The act is titled the Protecting American Farmland Act.
- 13- All exclusions and prohibitions apply to property or facilities placed in service after the date of enactment.