H.R. 3291

119 HR 3291 IH: Certainty for Our Energy Future Act
 U.S. House of Representatives
 2025-05-08
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 3291  IN THE HOUSE OF REPRESENTATIVES   May 8, 2025   Mrs. Kiggans of Virginia  (for herself,  Mr. Garbarino ,  Mr. Valadao ,  Mr. Newhouse , and  Mr. Amodei of Nevada ) introduced the following bill; which was referred to the  Committee on Ways and Means    A BILL
To amend the Internal Revenue Code of 1986 to terminate the clean electricity production credit and clean electricity investment credit with respect to certain technologies, and for other purposes.
1.
Short title
This Act may be cited as the   Certainty for Our Energy Future Act  .
2.
Termination of clean electricity production credit with respect to certain technologies
(a)
In general
 Section 45Y(d)  of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs:
(4)
Special rule for wind and solar energy
The term  qualified facility  shall not include any facility used for the generation of electricity using wind or solar energy the construction of which begins after December 31, 2030.
(5)
Beginning of construction definition
For purposes of determining when construction begins for purposes of this section, principles similar to those under Notice 2013–29, 2013–20 I.R.B. 1085, and any subsequent guidance clarifying, modifying, or updating such notice, as in effect on January 1, 2025, including the Physical Work Test, Five Percent Safe Harbor, Continuity Requirement, and Continuity Safe Harbor, shall apply.
 .
(b)
Effective date
The amendment made by this section shall take effect on January 1, 2026.
3.
Termination of clean electricity investment credit with respect to certain technologies
(a)
In general
 Section 48E(e)  of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs:
(4)
Special rule for wind and solar energy
The term  qualified facility  shall not include any facility used for the generation of electricity using wind or solar energy the construction of which begins after December 31, 2030.
(5)
Beginning of construction definition
For purposes of determining when construction begins for purposes of this section, principles similar to those under Notice 2013–29, 2013–20 I.R.B. 1085, and any subsequent guidance clarifying, modifying, or updating such notice, as in effect on January 1, 2025, including the Physical Work Test, Five Percent Safe Harbor, Continuity Requirement, and Continuity Safe Harbor, shall apply.
 .
(b)
Effective date
The amendment made by this section shall take effect on January 1, 2026.
4.
Denial of clean energy tax benefits to companies connected to countries of concern
(a)
In general
 Chapter 77  of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
7531.
Denial of clean energy tax benefits to companies connected to countries of concern
(a)
In general
In the case of any taxpayer that is a disqualified company, this title shall be applied without regard to sections 30C, 40, 40A, 40B, 45, 45Q, 45U, 45V, 45W, 45X, 45Y, 45Z, 48, 48C, 48E, 179D, 6426(c), 6426(d), 6426(e), and 6427(e).
(b)
Disqualified company
For purposes of this section—
(1)
In general
The term  disqualified company  means any entity—
(A)
created or organized under the laws of, or controlled by, one or more governments of a foreign country that is a country of concern, or
(B)
controlled (in the aggregate) by one or more entities described in subparagraph (A).
(2)
Country of concern
The term  country of concern  means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea.
(3)
Control
The term  control  has the meaning given such term under section 954(d)(3), determined by treating the rules of section 958(a)(2) as applying to both foreign and domestic corporations, partnerships, trusts, and estates.
(4)
Government of a foreign country
The term  government of a foreign country  means a national government of a foreign country, an agency or government instrumentality of a national government of a foreign country, a dominant or ruling political party of a foreign country, or any individual currently in a senior role of a country of concern and with substantial authority over policy, operations, or the use of government-owned resources of the foreign country.
 .
(b)
Clerical amendment
The table of sections for chapter 77 of such Code is amended by adding at the end the following new item:
Sec. 7531. Denial of clean energy tax benefits to companies connected to countries of concern.
  .
(c)
Guidance
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) shall issue guidance regarding implementation of this section.
(d)
Effective date
The amendments made by this section shall apply to taxable years beginning on or after the date that is 180 days after the date on which the Secretary publishes guidance under subsection (c).