[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2016 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2016

 To amend the Internal Revenue Code of 1986 to provide that qualified 
     energy efficiency property is eligible for the energy credit.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2009

Mr. Sires (for himself and Mrs. Maloney) 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 provide that qualified 
     energy efficiency property is eligible for the energy credit.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. QUALIFIED ENERGY EFFICIENCY PROPERTY TREATED AS ENERGY 
              PROPERTY.

    (a) In General.--Subparagraph (A) of section 48(a)(3) of the 
Internal Revenue Code of 1986 is amended by striking ``or'' at the end 
of clause (vi), by inserting ``or'' at the end of clause (vii), and by 
inserting after clause (vii) the following new clause:
                            ``(viii) qualified energy efficiency 
                        property,''.
    (b) Energy Percentage.--Clause (i) of section 48(a)(2)(A) of such 
Code is amended by striking ``and'' at the end of subclause (III), by 
inserting after subclause (IV) the following new subclause:
                                    ``(V) qualified energy efficiency 
                                property described in paragraph 
                                (3)(A)(viii), but only with respect to 
                                a qualified building for which the site 
                                work and construction is commenced not 
                                later than 30 months after the date of 
                                enactment of this subclause.''.
    (c) Qualified Energy Efficiency Property.--Section 48(c) of such 
Code is amended by adding at the end the following new paragraph:
            ``(5) Qualified energy efficiency property.--
                    ``(A) In general.--The term `qualified energy 
                efficiency property' means any property which--
                            ``(i) is residential rental property or 
                        nonresidential real property,
                            ``(ii) is a qualified building, and
                            ``(iii) achieves a minimum energy savings 
                        of 50 percent or more in comparison to a 
                        reference building which meets the minimum 
                        requirements of Standard 90.1-2001 (as defined 
                        by section 179D(c)(2)), determined under rules 
                        similar to the rules of section 179D(d)(2).
                    ``(B) Qualified building.--The term `qualified 
                building' means any building--
                            ``(i) which is more than 250,000 square 
                        feet,
                            ``(ii) which is located not more than one-
                        half mile from a location in which there is 
                        direct access to public bus, rail, light rail, 
                        street car, or ferry system,
                            ``(iii) which meets the requirements of 
                        subchapter IV of chapter 31 of title 40, United 
                        States Code, and
                            ``(iv) for which the site work and 
                        construction is commenced not later than 60 
                        months after the date of the enactment of this 
                        paragraph.
                    ``(C) Special rule for residential rental 
                property.--In the case of a qualified building in which 
                the majority of the building is devoted to residential 
                use--
                            ``(i) subparagraph (A)(iii) shall be 
                        applied by substituting `25 percent' for `50 
                        percent', and
                            ``(ii) any mechanical systems which meet 
                        the requirements of Standard 90.1-2001 may be 
                        used in lieu of appendix G to such Standard in 
                        modeling energy use of a reference building.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to periods after the date of the enactment of this Act, under 
rules similar to the rules of section 48(m) of the Internal Revenue 
Code of 1986 (as in effect on the day before the date of the enactment 
of the Revenue Reconciliation Act of 1990).
                                 <all>