I
119THCONGRESS
1
STSESSION H. R. 2187
To amend the Internal Revenue Code of 1986 to disallow the production
tax credit and investment tax credit for offshore wind facilities placed
in service in the inland navigable waters of the United States or the
coastal waters of the United States.
IN THE HOUSE OF REPRESENTATIVES
MARCH18, 2025
Mr. F
ALLON(for himself, Mr. GOODEN, Ms. HAGEMAN, and Mr. GILLof
Texas) 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 disallow
the production tax credit and investment tax credit for
offshore wind facilities placed in service in the inland
navigable waters of the United States or the coastal
waters of the United States.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
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•HR 2187 IH
SECTION 1. DISALLOWANCE OF INVESTMENT TAX CREDIT 1
AND CLEAN ELECTRICITY PRODUCTION 2
CREDIT FOR CERTAIN OFFSHORE WIND FA-3
CILITIES. 4
(a) I
NVESTMENTTAXCREDIT.—Section 48(a)(5) of 5
the Internal Revenue Code of 1986 is amended by striking 6
subparagraph (F). 7
(b) R
ENEWABLE RESOURCESPRODUCTION TAX 8
C
REDIT.—Section 45(d)(1) of such Code is amended by 9
striking the period at the end and inserting ‘‘, or any facil-10
ity which is located in the inland navigable waters of the 11
United States or in the coastal waters of the United 12
States’’. 13
(c) C
LEANELECTRICITYPRODUCTIONTAXCRED-14
IT.—Section 45Y(b)(1) of such Code is amended by add-15
ing at the end the following new subparagraph: 16
‘‘(E) C
ERTAIN OFFSHORE WIND FACILI -17
TIES NOT TREATED AS QUALIFIED FACILI -18
TIES.— 19
‘‘(i) I
N GENERAL.—The term ‘quali-20
fied facility’ shall not include any disquali-21
fied offshore wind facility. 22
‘‘(ii) D
ISQUALIFIED OFFSHORE WIND 23
FACILITY.—For purposes of this subpara-24
graph, the term ‘disqualified offshore wind 25
facility’ means an offshore wind facility 26
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•HR 2187 IH
which is located in the inland navigable 1
waters of the United States or in the 2
coastal waters of the United States.’’. 3
(d) C
LEANELECTRICITYINVESTMENTTAXCRED-4
IT.—Section 48E(b)(3) of such Code is amended by add-5
ing at the end the following new subparagraph: 6
‘‘(D) C
ERTAIN OFFSHORE WIND FACILI -7
TIES NOT TREATED AS QUALIFIED FACILI -8
TIES.—The term ‘qualified facility’ shall not in-9
clude any disqualified offshore wind facility (as 10
defined in section 45Y(b)(1)(E)(ii)).’’. 11
(e) E
FFECTIVEDATE.—The amendment made by 12
this section shall apply to energy produced and property 13
placed in service after December 31, 2025. 14
Æ
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