I 111th CONGRESS 1st Session H. R. 2016 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.

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).