HB3313, the Protecting American Farmland Act, would restrict federal support for certain ground-mounted solar energy projects that would convert prime farmland to non-agricultural use. It bars federal agencies from using federal funds, including loans and loan guarantees, for covered solar projects that would result in the conversion of prime farmland.
The bill also amends the Internal Revenue Code to deny several clean-energy tax benefits for solar projects located on prime farmland. Specifically, it excludes such property or facilities from eligibility under the residential clean energy credit, the renewable electricity production credit, the clean electricity production credit, the energy credit, and the clean electricity investment credit. The exclusions apply to property or facilities placed in service after enactment.
Impact
If enacted, the bill would narrow federal financing and tax incentives available to solar developers when projects are sited on prime farmland. It would not ban solar development on farmland outright, but it would remove access to specified federal subsidies and credits for qualifying projects, thereby changing the economics of siting utility-scale solar on high-quality agricultural land. The bill would also incorporate the Farmland Protection Policy Act definition of prime farmland into the tax and funding restrictions.
Sentiment
Based on the bill text and available context, the measure appears to be framed as a farmland-preservation bill and likely reflects support from sponsors concerned about protecting agricultural land from conversion to solar use. There are no recorded committee transcripts or votes in the provided material, so no formal opposition or support is documented in the legislative history here. The overall tone of the bill is protective of farmland and skeptical of using federal incentives to encourage solar development on prime agricultural land.
Contention
The main policy tension is between farmland preservation and renewable energy deployment. Supporters are likely to argue that prime farmland should be protected from conversion and that federal subsidies should not encourage loss of agricultural capacity. Potential critics would likely contend that the bill could make it harder to site solar projects, reduce clean-energy deployment, and limit landowners’ development options, especially in areas where prime farmland is also attractive for large-scale solar. The bill does not include discussion records, so these positions are inferred from the structure and subject matter rather than from stated debate.
Directs State Agriculture Development Committee to identify farmland ineligible for county farmland preservation programs, notify owners of State requirements, and invite applications for farmland preservation under State program.
Amends State Constitution to decrease acreage required for farmland assessment with certain requirements for valuing farmland under five acres in area.
Transfers Division of Food and Nutrition from Department of Agriculture to DHS; appropriates $128.241 million from constitutionally dedicated revenues to State Agriculture Development Committee for farmland preservation purposes.
Appropriates $64,787,327 from constitutionally dedicated CBT revenues and other farmland preservation funds to State Agriculture Development Committee for farmland preservation purposes.
Establishes Farmland Assessment Review Commission to annually review and recommend changes to farmland assessment program, as necessary to ensure fair, equitable, and uniform Statewide application and enforcement of program requirements and allocation of program benefits.