HR3291-119

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 Section 45Y(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs: 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. 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. The amendment made by this section shall take effect on January 1, 2026. (4)Special rule for wind and solar energyThe 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. .

3. Termination of clean electricity investment credit with respect to certain technologies Section 48E(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs: 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. 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. The amendment made by this section shall take effect on January 1, 2026. (4)Special rule for wind and solar energyThe 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. .

4. Denial of clean energy tax benefits to companies connected to countries of concern Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 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). For purposes of this section— The term disqualified company means any entity— 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 controlled (in the aggregate) by one or more entities described in subparagraph (A). 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. 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. 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. The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: 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. 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). 7531.Denial of clean energy tax benefits to companies connected to countries of concern (a)In generalIn 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 companyFor purposes of this section— (1)In generalThe 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 concernThe 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)ControlThe 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 countryThe 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.. Sec. 7531. Denial of clean energy tax benefits to companies connected to countries of concern..

7531. Denial of clean energy tax benefits to companies connected to countries of concern 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). For purposes of this section— The term disqualified company means any entity— 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 controlled (in the aggregate) by one or more entities described in subparagraph (A). 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. 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. 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.