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‘‘(B) which is located in the United States,
and
‘‘(C) the construction or erection of which is
completed by the taxpayer.
Such property includes all residential rental prop-
erty, including low-rise multifamily structures and
single family housing property which is not within
the scope of Standard 90.1–1999 (described in para-
graph (2)). Such term includes expenditures for labor
costs properly allocable to the onsite preparation, as-
sembly, or original installation of the property.
‘‘(2) ENERGY EFFICIENT COMMERCIAL BUILDING
PROPERTY.—For purposes of paragraph (1)—
‘‘(A) IN GENERAL.—The term ‘energy effi-
cient commercial building property’ means any
property which reduces total annual energy and
power costs with respect to the lighting, heating,
cooling, ventilation, and hot water supply sys-
tems of the building by 50 percent or more in
comparison to a reference building which meets
the requirements of Standard 90.1–1999 of the
American Society of Heating, Refrigerating, and
Air Conditioning Engineers and the Illu-
minating Engineering Society of North America
using methods of calculation under subpara-
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graph (B) and certified by qualified profes-
sionals as provided under paragraph (5).
‘‘(B) METHODS
OF
CALCULATION.—The
Secretary, in consultation with the Secretary of
Energy, shall promulgate regulations which de-
scribe in detail methods for calculating and
verifying energy and power consumption and
cost, taking into consideration the provisions of
the 2001 California Nonresidential Alternative
Calculation Method Approval Manual. These reg-
ulations shall meet the following requirements:
‘‘(i) In calculating tradeoffs and en-
ergy performance, the regulations shall pre-
scribe the costs per unit of energy and
power, such as kilowatt hour, kilowatt, gal-
lon of fuel oil, and cubic foot or Btu of nat-
ural gas, which may be dependent on time
of usage.
‘‘(ii) The calculational methodology
shall require that compliance be dem-
onstrated for a whole building. If some sys-
tems of the building, such as lighting, are
designed later than other systems of the
building, the method shall provide that
either—
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‘‘(I) the expenses taken into ac-
count under paragraph (1) shall not
occur until the date designs for all en-
ergy-using systems of the building are
completed,
‘‘(II) the energy performance of
all systems and components not yet de-
signed shall be assumed to comply
minimally with the requirements of
such Standard 90.1–1999, or
‘‘(III) the expenses taken into ac-
count under paragraph (1) shall be a
fraction of such expenses based on the
performance of less than all energy-
using systems in accordance with
clause (iii).
‘‘(iii) The expenditures in connection
with the design of subsystems in the build-
ing, such as the envelope, the heating, ven-
tilation, air conditioning and water heating
system, and the lighting system shall be al-
located to the appropriate building sub-
system based on system-specific energy cost
savings targets in regulations promulgated
by the Secretary of Energy which are equiv-
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alent, using the calculation methodology, to
the whole building requirement of 50 per-
cent savings.
‘‘(iv) The calculational methods under
this subparagraph need not comply fully
with section 11 of such Standard 90.1–
1999.
‘‘(v) The calculational methods shall be
fuel neutral, such that the same energy effi-
ciency features shall qualify a building for
the deduction under this subsection regard-
less of whether the heating source is a gas
or oil furnace or an electric heat pump.
‘‘(vi) The calculational methods shall
provide appropriate calculated energy sav-
ings for design methods and technologies not
otherwise credited in either such Standard
90.1–1999 or in the 2001 California Non-
residential Alternative Calculation Method
Approval Manual, including the following:
‘‘(I) Natural ventilation.
‘‘(II) Evaporative cooling.
‘‘(III) Automatic lighting controls
such as occupancy sensors, photocells,
and timeclocks.
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‘‘(IV) Daylighting.
‘‘(V) Designs utilizing semi-condi-
tioned spaces that maintain adequate
comfort conditions without air condi-
tioning or without heating.
‘‘(VI) Improved fan system effi-
ciency, including reductions in static
pressure.
‘‘(VII) Advanced unloading mech-
anisms for mechanical cooling, such as
multiple or variable speed compressors.
‘‘(VIII) The calculational methods
may take into account the extent of
commissioning in the building, and
allow the taxpayer to take into account
measured performance that exceeds
typical performance.
‘‘(C) COMPUTER SOFTWARE.—
‘‘(i) IN
GENERAL.—Any calculation
under this paragraph shall be prepared by
qualified computer software.
‘‘(ii) QUALIFIED
COMPUTER
SOFT-
WARE.—For purposes of this subparagraph,
the term ‘qualified computer software’
means software—
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‘‘(I) for which the software de-
signer has certified that the software
meets all procedures and detailed meth-
ods for calculating energy and power
consumption and costs as required by
the Secretary,
‘‘(II) which provides such forms
as required to be filed by the Secretary
in connection with energy efficiency of
property and the deduction allowed
under this subsection, and
‘‘(III) which provides a notice
form which summarizes the energy effi-
ciency features of the building and its
projected annual energy costs.
‘‘(3) ALLOCATION
OF
DEDUCTION
FOR
PUBLIC
PROPERTY.—In the case of energy efficient commer-
cial building property installed on or in public prop-
erty, the Secretary shall promulgate a regulation to
allow the allocation of the deduction to the person
primarily responsible for designing the property in
lieu of the public entity which is the owner of such
property. Such person shall be treated as the taxpayer
for purposes of this subsection.
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(1) Section 1016(a), as amended by this Act, is
amended by striking ‘‘and’’ at the end of paragraph
(30), by striking the period at the end of paragraph
(31) and inserting ‘‘, and’’, and by adding at the end
the following new paragraph:
‘‘(32) to the extent provided in section 179B(e).’’.
(2) Section 1245(a) is amended by inserting
‘‘179B,’’ after ‘‘179A,’’ both places it appears in
paragraphs (2)(C) and (3)(C).
(3) Section 1250(b)(3) is amended by inserting
before the period at the end of the first sentence ‘‘or
by section 179B’’.
(4) Section 263(a)(1) is amended by striking
‘‘or’’ at the end of subparagraph (G), by striking the
period at the end of subparagraph (H) and inserting
‘‘, or’’, and by inserting after subparagraph (H) the
following new subparagraph:
‘‘(I) expenditures for which a deduction is
allowed under section 179B.’’.
(5) Section 312(k)(3)(B) is amended by striking
‘‘or 179A’’ each place it appears in the heading and
text and inserting ‘‘, 179A, or 179B’’.
(c) CLERICAL AMENDMENT.—The table of sections for
part VI of subchapter B of chapter 1 is amended by insert-
ing after section 179A the following new item:
‘‘Sec. 179B. Energy efficient commercial buildings deduction.’’.
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(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to taxable years beginning after Sep-
tember 30, 2002.
SEC. 2106. ALLOWANCE OF DEDUCTION FOR QUALIFIED
NEW OR RETROFITTED ENERGY MANAGE-
MENT DEVICES.
(a) IN GENERAL.—Part VI of subchapter B of chapter
1 (relating to itemized deductions for individuals and cor-
porations), as amended by this Act, is amended by inserting
after section 179B the following new section:
‘‘SEC. 179C. DEDUCTION FOR QUALIFIED NEW OR RETRO-
FITTED ENERGY MANAGEMENT DEVICES.
‘‘(a) ALLOWANCE OF DEDUCTION.—In the case of a
taxpayer who is a supplier of electric energy or natural
gas or a provider of electric energy or natural gas services,
there shall be allowed as a deduction an amount equal to
the cost of each qualified energy management device placed
in service during the taxable year.
‘‘(b) MAXIMUM DEDUCTION.—The deduction allowed
by this section with respect to each qualified energy man-
agement device shall not exceed $30.
‘‘(c) QUALIFIED ENERGY MANAGEMENT DEVICE.—The
term ‘qualified energy management device’ means any tan-
gible property to which section 168 applies if such property
is a meter or metering device—
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‘‘(1) which is acquired and used by the taxpayer
to enable consumers to manage their purchase or use
of electricity or natural gas in response to energy
price and usage signals, and
‘‘(2) which permits reading of energy price and
usage signals on at least a daily basis.
‘‘(d) PROPERTY USED OUTSIDE THE UNITED STATES
NOT QUALIFIED.—No deduction shall be allowed under sub-
section (a) with respect to property which is used predomi-
nantly outside the United States or with respect to the por-
tion of the cost of any property taken into account under
section 179.
‘‘(e) BASIS REDUCTION.—
‘‘(1) IN GENERAL.—For purposes of this title, the
basis of any property shall be reduced by the amount
of the deduction with respect to such property which
is allowed by subsection (a).
‘‘(2) ORDINARY INCOME RECAPTURE.—For pur-
poses of section 1245, the amount of the deduction al-
lowable under subsection (a) with respect to any
property that is of a character subject to the allow-
ance for depreciation shall be treated as a deduction
allowed for depreciation under section 167.’’.
(b) CONFORMING AMENDMENTS.—
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(1) Section 263(a)(1), as amended by this Act, is
amended by striking ‘‘or’’ at the end of subparagraph
(H), by striking the period at the end of subpara-
graph (I) and inserting ‘‘, or’’, and by inserting after
subparagraph (I) the following new subparagraph:
‘‘(J) expenditures for which a deduction is
allowed under section 179C.’’.
(2) Section 312(k)(3)(B), as amended by this
Act, is amended by striking ‘‘or 179B’’ each place it
appears in the heading and text and inserting ‘‘,
179B, or 179C’’.
(3) Section 1016(a), as amended by this Act, is
amended by striking ‘‘and’’ at the end of paragraph
(31), by striking the period at the end of paragraph
(32) and inserting ‘‘, and’’, and by adding at the end
the following new paragraph:
‘‘(33) 
to 
the 
extent 
provided 
in 
section
179C(e)(1).’’.
(4) Section 1245(a), as amended by this Act, is
amended by inserting ‘‘179C,’’ after ‘‘179B,’’ both
places it appears in paragraphs (2)(C) and (3)(C).
(5) The table of contents for subpart B of part
IV of subchapter A of chapter 1, as amended by this
Act, is amended by inserting after the item relating
to section 179B the following new item:
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‘‘Sec. 179C. Deduction for qualified new or retrofitted energy man-
agement devices.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to qualified energy management devices
placed in service after the date of the enactment of this Act,
in taxable years ending after such date.
SEC. 2107. THREE-YEAR APPLICABLE RECOVERY PERIOD
FOR DEPRECIATION OF QUALIFIED ENERGY
MANAGEMENT DEVICES.
(a) IN
GENERAL.—Subparagraph (A) of section
168(e)(3) (relating to classification of property) is amended
by striking ‘‘and’’ at the end of clause (ii), by striking the
period at the end of clause (iii) and inserting ‘‘, and’’, and
by adding at the end the following new clause:
‘‘(iv) any qualified energy manage-
ment device.’’.
(b) DEFINITION OF QUALIFIED ENERGY MANAGEMENT
DEVICE.—Section 168(i) (relating to definitions and spe-
cial rules) is amended by inserting at the end the following
new paragraph:
‘‘(15) QUALIFIED
ENERGY
MANAGEMENT
DE-
VICE.—The term ‘qualified energy management de-
vice’ means any qualified energy management device
as defined in section 179C(c) which is placed in serv-
ice by a taxpayer who is a supplier of electric energy
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or natural gas or a provider of electric energy or nat-
ural gas services.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to property placed in service after the
date of the enactment of this Act, in taxable years ending
after such date.
SEC. 2108. ENERGY CREDIT FOR COMBINED HEAT AND
POWER SYSTEM PROPERTY.
(a) IN
GENERAL.—Subparagraph (A) of section
48(a)(3) (defining energy property), as amended by this
Act, is amended by striking ‘‘or’’ at the end of clause (ii),
by adding ‘‘or’’ at the end of clause (iii), and by inserting
after clause (iii) the following new clause:
‘‘(iv) combined heat and power system
property,’’.
(b) COMBINED HEAT
AND POWER SYSTEM PROP-
ERTY.—Subsection (a) of section 48, as amended by this
Act, is amended by redesignating paragraphs (5) and (6)
as paragraphs (6) and (7), respectively, and by inserting
after paragraph (4) the following new paragraph:
‘‘(5) COMBINED HEAT AND POWER SYSTEM PROP-
ERTY.—For purposes of this subsection—
‘‘(A) COMBINED HEAT AND POWER SYSTEM
PROPERTY.—The term ‘combined heat and power
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system property’ means property comprising a
system—
‘‘(i) which uses the same energy source
for the simultaneous or sequential genera-
tion of electrical power, mechanical shaft
power, or both, in combination with the
generation of steam or other forms of useful
thermal energy (including heating and cool-
ing applications),
‘‘(ii) which has an electrical capacity
of more than 50 kilowatts or a mechanical
energy capacity of more than 67 horsepower
or an equivalent combination of electrical
and mechanical energy capacities,
‘‘(iii) which produces—
‘‘(I) at least 20 percent of its total
useful energy in the form of thermal
energy, and
‘‘(II) at least 20 percent of its
total useful energy in the form of elec-
trical or mechanical power (or com-
bination thereof),
‘‘(iv) the energy efficiency percentage
of which exceeds 60 percent (70 percent in
the case of a system with an electrical ca-
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pacity in excess of 50 megawatts or a me-
chanical energy capacity in excess of 67,000
horsepower, or an equivalent combination of
electrical and mechanical energy capac-
ities), and
‘‘(v) which is placed in service after
December 31, 2002, and before January 1,
2007.
‘‘(B) SPECIAL RULES.—
‘‘(i) ENERGY
EFFICIENCY
PERCENT-
AGE.—For 
purposes 
of 
subparagraph
(A)(iv), the energy efficiency percentage of a
system is the fraction—
‘‘(I) the numerator of which is the
total useful electrical, thermal, and me-
chanical power produced by the system
at normal operating rates, and ex-
pected to be consumed in its normal
application, and
‘‘(II) the denominator of which is
the lower heating value of the primary
fuel source for the system.
‘‘(ii) DETERMINATIONS MADE ON BTU
BASIS.—The energy efficiency percentage
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and the percentages under subparagraph
(A)(iii) shall be determined on a Btu basis.
‘‘(iii) INPUT AND OUTPUT PROPERTY
NOT INCLUDED.—The term ‘combined heat
and power system property’ does not in-
clude property used to transport the energy
source to the facility or to distribute energy
produced by the facility.
‘‘(iv) PUBLIC UTILITY PROPERTY.—
‘‘(I) ACCOUNTING RULE FOR PUB-
LIC UTILITY PROPERTY.—If the com-
bined heat and power system property
is public utility property (as defined
in section 168(i)(10)), the taxpayer
may only claim the credit under the
subsection if, with respect to such prop-
erty, the taxpayer uses a normalization
method of accounting.
‘‘(II) CERTAIN EXCEPTION NOT TO
APPLY.—The matter following para-
graph (3)(D) shall not apply to com-
bined heat and power system property.
‘‘(v) NONAPPLICATION
OF
CERTAIN
RULES.—For purposes of determining if the
term ‘combined heat and power system
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property’ includes technologies which gen-
erate electricity or mechanical power using
back-pressure steam turbines in place of ex-
isting pressure-reducing valves or which
make use of waste heat from industrial
processes such as by using organic rankin,
stirling, or kalina heat engine systems, sub-
paragraph (A) shall be applied without re-
gard to clauses (iii) and (iv) thereof.
‘‘(C) EXTENSION OF DEPRECIATION RECOV-
ERY PERIOD.—If a taxpayer is allowed credit
under this section for combined heat and power
system property and such property would (but
for this subparagraph) have a class life of 15
years or less under section 168, such property
shall be treated as having a 22-year class life for
purposes of section 168.’’.
(c) NO CARRYBACK OF ENERGY CREDIT BEFORE EF-
FECTIVE DATE.—Subsection (d) of section 39, as amended
by this Act, is amended by adding at the end the following
new paragraph:
‘‘(15) NO CARRYBACK OF ENERGY CREDIT BE-
FORE EFFECTIVE DATE.—No portion of the unused
business credit for any taxable year which is attrib-
utable to the energy credit with respect to property
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described in section 48(a)(5) may be carried back to
a taxable year ending before January 1, 2003.’’.
(d) CONFORMING AMENDMENTS.—
(A) Section 25C(e)(6), as added by this Act,
is amended by striking ‘‘section 48(a)(5)(C)’’
and inserting ‘‘section 48(a)(6)(C)’’.
(B) Section 29(b)(3)(A)(i)(III), as amended
by this Act, is amended by striking ‘‘section
48(a)(5)(C)’’ 
and 
inserting 
‘‘section
48(a)(6)(C)’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall apply to property placed in service after De-
cember 31, 2002, in taxable years ending after such date.
SEC. 2109. CREDIT FOR ENERGY EFFICIENCY IMPROVE-
MENTS TO EXISTING HOMES.
(a) IN GENERAL.—Subpart A of part IV of subchapter
A of chapter 1 (relating to nonrefundable personal credits),
as amended by this Act, is amended by inserting after sec-
tion 25C the following new section:
‘‘SEC. 25D. ENERGY EFFICIENCY IMPROVEMENTS TO EXIST-
ING HOMES.
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an indi-
vidual, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount
equal to 10 percent of the amount paid or incurred by the