PolicyBrief
H.R. 1237
119th CongressFeb 12th 2025
PANELS Act
IN COMMITTEE

The PANELS Act amends energy credit guidelines to exclude solar energy property located on prime or unique farmland from qualifying for clean electricity production credits.

Mike Bost
R

Mike Bost

Representative

IL-12

LEGISLATION

PANELS Act: New Bill Blocks Tax Credits for Solar Farms on Prime Farmland, Starting Now

The "Protect Agriculture, Nutrients, and Essential Lands from Solar Act" (PANELS Act) changes the rules for clean energy tax credits. Basically, if a solar energy project is built on land classified as "prime" or "unique" farmland after this bill becomes law, it won't qualify for federal clean electricity production credits. The whole point is to keep high-quality agricultural land available for farming.

Farmland vs. Solar Panels

The PANELS Act directly targets where solar energy projects can get tax breaks. "Prime farmland," according to the bill, is land that's best for producing food, feed, and other crops. It's got the right soil, water supply, and other features that make it ideal for agriculture (defined in Title 7 of the Code of Federal Regulations, if you want to get technical). "Unique farmland" is land used for specific high-value crops like fruits, vegetables, and nuts. Previously, solar energy projects on this kind of land could qualify for tax credits. This bill changes that. Any new solar project on this designated farmland will be ineligible for the clean electricity production credit.

Real-World Rollout

Let's say you're a farmer, and a solar company wants to lease your land. If your land is considered "prime" or "unique," and that company builds a solar farm after this bill becomes law, they won’t get those federal tax credits. This might make your land less attractive to solar developers, potentially keeping it available for farming. Now, imagine you're a small business owner running a local grocery store that sources produce from nearby farms. This bill aims to protect the availability of that locally-sourced produce by discouraging the conversion of prime farmland to solar energy production. The law applies to any solar energy property placed in service after the enactment of this Act (SEC. 2).

Potential Challenges

While the goal is to preserve valuable farmland, there are some potential hitches. Defining exactly what counts as "prime" or "unique" farmland could become a point of contention. What if a piece of land is mostly prime, but has some areas that aren't? Could developers try to work around the rules by targeting land that's almost prime, but not quite? The bill's effectiveness will really depend on how strictly these definitions are enforced and if loopholes emerge that allow developers to bypass the restrictions.

The Big Picture

The PANELS Act sits at the intersection of two big issues: the need for renewable energy and the need to protect our food supply. It directly amends existing energy credit guidelines (SEC. 2), aiming to strike a balance by steering solar development away from the most valuable agricultural land. It also has the potential to affect the pace of solar energy expansion, as it removes a financial incentive for building on certain types of land. This could mean a slower transition to renewable energy in some areas, potentially impacting local efforts to meet clean energy goals. How this all plays out will depend on how strictly the law is interpreted and enforced, and how developers respond to the new restrictions.