H.R. 3291 — Certainty for Our Energy Future Act

This section terminates the clean electricity production credit for wind and solar energy facilities the construction of which begins after December 31, 2030 (effective January 1, 2026). It applies IRS Notice 2013-29 principles (as in effect on January 1, 2025)—including the physical work test, 5% safe harbor, continuity requirement, and continuity safe harbor—to determine the beginning of construction.

This section terminates eligibility under the clean electricity investment credit for wind and solar energy facilities the construction of which begins after December 31, 2030. It applies IRS beginning-of-construction principles from Notice 2013-29 (as in effect on January 1, 2025)—including the physical work test, five percent safe harbor, continuity requirement, and continuity safe harbor—and takes effect on January 1, 2026.

This section establishes in new IRC §7531 a prohibition on disqualified companies claiming specified clean energy tax benefits, including credits for alternative fuel refueling property (§30C), biodiesel and renewable diesel (§§40, 40A, 40B), clean hydrogen (§45V) and electricity (§§45Y, 45Z) production, carbon oxide sequestration (§45Q), clean fuel (§45Z), advanced manufacturing (§§45X, 48C), and energy-efficient commercial buildings (§179D), as well as related fuel tax credits (§§6426(c)-(e), 6427(e)). A disqualified company is any entity created or organized under the laws of, or controlled by, the government of a country of concern (People’s Republic of China, Russia, Iran, or North Korea), or controlled by such entities (with "control" defined by reference to IRC §954(d)(3)). The Secretary of the Treasury must issue implementation guidance within 180 days of enactment, with the prohibition applying to taxable years beginning 180 days after such guidance.