S.Amdt. 1678

SA 1678. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 4366, making appropriations for military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2024, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place in division B, insert the
following:

SEC. ___. EXCLUSION OF PROPERTY AND FACILITIES LOCATED ON
PRIME FARMLAND FROM CERTAIN CREDITS RELATING TO
RENEWABLE ENERGY PRODUCTION AND INVESTMENT.

(a) Exclusion of Property Placed in Service on Prime
Farmland From Residential Clean Energy Credit.--
(1) 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.''.
(2) Effective date.--The amendment made by this subsection
shall apply to property placed in service after the date of
the enactment of this section.
(b) Exclusion of Facilities Located on Prime Farmland From
Renewable Electricity Production Credit.--
(1) 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)).''.
(2) Effective date.--The amendment made by this subsection
shall apply to facilities placed in service after the date of
the enactment of this section.
(c) Exclusion of Property Placed in Service on Prime
Farmland From Energy Credit.--
(1) 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''.
(2) Effective date.--The amendment made by this subsection
shall apply to property placed in service after the date of
the enactment of this section.
(d) Exclusion of Property Placed in Service on Prime
Farmland From Clean Electricity Investment Credit.--
(1) 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.''.
(2) Effective date.--The amendment made by this subsection
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.
(e)  Exclusion of Facilities Located on Prime Farmland From
Clean Electricity Production Credit.--
(1) 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)).''.
(2) Effective date.--The amendment made by this subsection
shall apply to facilities placed in service after the date of
the enactment of this section.
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