I 111th CONGRESS 1st Session H. R. 2615 IN THE HOUSE OF REPRESENTATIVES May 21, 2009 Mr. Larson of Connecticut (for himself and Mr. Heller) 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 incentives for energy-efficient commercial building roofs.

1.

Short title

This Act may be cited as the Energy-Efficient Commercial Roofs Act of 2009.

2.

Credit for energy-efficient commercial roofs

(a)

In general

Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

45R.

Energy-efficient commercial roof credit

(a)

In general

For purposes of section 38, the energy-efficient commercial roof credit determined under this section for the taxable year is an amount equal to 30 percent of the amount paid or incurred by the taxpayer during the taxable year for qualified energy-efficient commercial roof expenditures related to any qualified energy-efficient commercial roof. (b)

Energy-efficient commercial roof

For purposes of this section, the term energy-efficient commercial roof includes property— (1)which is installed on a building that is within the scope of ASHRAE Standard 90.1–2007, and (2)which is within the scope of and has an insulation R-value that is equal to or greater then the requirements for the category insulation entirely above deck as prescribed under tables 5.5–1 through 5.5–8 of the ASHRAE Standard 90.1–2007, multiplied by— (A)1.33 for buildings located in climate zone 1, (B)1.25 for buildings located in climate zone 2, (C)1.25 for buildings, except semiheated buildings, and 1.5 for semiheated buildings located in climate zone 3, (D)1.25 for buildings, except semiheated buildings, and 2.0 for semiheated buildings located in climate zones 4 and 5, (E)1.5 for buildings located in climate zone 6, (F)1.75 for buildings located in climate zone 7, and (G)1.75 for buildings, except semiheated buildings, and 1.35 for semiheated buildings located in climate zone 8. (c)

Qualified energy-efficient commercial roof expenditures

For purposes of this section, the term qualified energy-efficient commercial roof expenditures means any amount properly chargeable to a capital account with respect to any energy-efficient commercial roof property for use in a commercial building roof in the United States— (1)the original use of which commences with the taxpayer, (2)which is property of a character subject to the allowance for depreciation, and (3)which is placed in service by the taxpayer after the date of the enactment of this section. (d)

Coordination with other credits

The cost of any property taken into account in determining the credit under this section may not be taken into account in determining a credit under any other provision of this title. (e)

Basis adjustment

For purposes of this subtitle, if a credit is determined under this section in connection with any expenditure for any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. (f)

Termination

This section shall not apply to any property placed in service after December 31, 2013.

. (b)

Conforming amendments

(1)Section 38(b) of such Code is amended by striking plus at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting , plus, and by adding at the end the following: (36)the energy-efficient commercial roof credit determined under section 45R. . (2)The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item: Sec. 45R. Energy-efficient commercial roof credit. . (c)

Effective Date

The amendments made by this section shall apply to property placed in service after January 1, 2009.