I 
109TH CONGRESS 
1ST SESSION H. R. 3263 
To reduce the growth of energy use in the United States, to limit the 
impact of growing energy use on the economy, environment, and national 
security of the United States through reductions in energy demand, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2005 
Mr. WAMP (for himself, Mr. HALL, Mr. UDALL of Colorado, Mr. MARKEY, 
Mr. ALLEN, Mr. GONZALEZ, Mr. GORDON, Mr. CASTLE, Mr. EHLERS, 
Mr. BOEHLERT, and Mr. GILCHREST) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committees on Ways and Means and Financial Services, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To reduce the growth of energy use in the United States, 
to limit the impact of growing energy use on the econ-
omy, environment, and national security of the United 
States through reductions in energy demand, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Energy Efficiency Cornerstone Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definition of Secretary. 
TITLE I—RESIDENTIAL AND COMMERCIAL BUILDINGS 
Subtitle A—Appliance and Equipment Standards 
Sec. 101. Energy conservation standards for additional products. 
Sec. 102. Energy conservation standards for commercial equipment. 
Sec. 103. Energy labeling. 
Sec. 104. Equipment standards and analysis program. 
Subtitle B—Building Energy Codes 
Sec. 111. State building energy efficiency codes incentives. 
Sec. 112. Energy code applicable to manufactured housing. 
Sec. 113. Energy efficiency standards. 
Subtitle C—Energy Star 
Sec. 121. Energy Star Program. 
Subtitle D—Federal Buildings 
Sec. 131. Federal building performance standards. 
TITLE II—TRANSPORTATION 
Sec. 201. Alternative compliance with fleet rules. 
Sec. 202. Standards for Executive agency automobiles. 
TITLE III—INDUSTRY 
Sec. 301. Voluntary commitments to reduce industrial energy intensity. 
TITLE IV—ELECTRICITY AND NATURAL GAS UTILITIES AND 
SUPPLIERS 
Sec. 401. Energy efficient electric and natural gas utilities study. 
Sec. 402. Energy efficiency pilot program. 
Sec. 403. Energy efficiency resource programs. 
TITLE V—TAX INCENTIVES 
Sec. 500. Amendment of 1986 Code. 
Subtitle A—Buildings and Equipment Incentives
Sec. 501. Credit for construction of new energy efficient homes. 
Sec. 502. Credit for energy efficiency improvements to existing homes. 
Sec. 503. Energy efficient commercial buildings deduction. 
Sec. 504. Credit for residential energy efficient property. 
Sec. 505. Credit for energy efficient appliances. 
Sec. 506. Incentive for certain energy efficient property used in business. 
Sec. 507. Credit for business installation of qualified fuel cells. 
Sec. 508. Credit for nonbusiness installation of qualified fuel cells [new addition 
not updated]. 
Sec. 509. New nonrefundable personal credits allowed against regular and min-
imum taxes. 
Sec. 510. Certain business energy credits allowed against regular and minimum 
taxes. 
Subtitle B—Transportation Incentives 
Sec. 511. Alternative motor vehicle credit. 
Subtitle C—Industry Incentives 
Sec. 521. Energy credit for combined heat and power system property. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1)(A) energy prices, especially the price of pe-
troleum and natural gas, have soared over the last 
few years due to demand exceeding supply; and 
(B) as both supply and demand are relatively 
inflexible, even small reductions in United States de-
mand for natural gas and oil can result in signifi-
cant reductions in gas and oil prices; 
(2) energy consumption in the United States is 
projected by the Energy Information Administration 
to increase by 35,000,000,000,000,000 Btus over 
the next 2 decades, which is equivalent to twice the 
energy consumed by all the cars currently on the 
roads;
(3)(A) by 2025, the Energy Information Ad-
ministration projects that 80 percent of oil used in 
the United States will be imported; and 
(B) overall energy imports are expected to in-
crease by 75 percent in the United States; 
(4) energy efficiency improvements since the 
1970s have reduced current United States energy 
consumption 
by 
percent, 
or 
40,000,000,000,000,000 Btus, making energy effi-
ciency the greatest energy resource of the United 
States; 
(5) the United States has not nearly tapped the 
energy efficiency resource of the United States in 
that energy consumption could be reduced by 20 to 
50 percent through cost-effective improvements in 
the homes, buildings, cars, industry, and utilities of 
the United States; and 
(6) energy efficiency is generally the quickest, 
cheapest, and cleanest way— 
(A) to bring energy supply and demand in 
balance; and 
(B) to reduce the economic, environmental, 
and energy security impacts associated with en-
ergy use. 
(b) PURPOSES.—The purposes of this Act are—
(1) to reduce the growth of energy use in the 
United States significantly, with cumulative energy 
savings through 2025 of 50,000,000,000,000,000 to 
80,000,000,000,000,000 Btus; and 
(2) to limit the impacts of growing energy use 
on the economy, environment, and national security 
of the United States through reductions in energy 
demand. 
SEC. 3. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of Energy. 
TITLE I—RESIDENTIAL AND 
COMMERCIAL BUILDINGS 
Subtitle A—Appliance and 
Equipment Standards 
SEC. 101. ENERGY CONSERVATION STANDARDS FOR ADDI-
TIONAL PRODUCTS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy 
and Conservation Act (42 U.S.C. 6291) is amended— 
(1) in paragraph (29)— 
(A) in subparagraph (D)— 
(i) in clause (i), by striking ‘‘C78.1– 
1978(R1984)’’ and inserting ‘‘C78.81– 
2003 (Data Sheet 7881–ANSI–1010–1)’’;
(ii) in clause (ii), by striking ‘‘C78.1– 
1978(R1984)’’ and inserting ‘‘C78.81– 
2003 (Data Sheet 7881–ANSI–3007–1)’’; 
and 
(iii) 
in 
clause 
(iii), 
by 
striking 
‘‘C78.1–1978(R1984)’’ 
and 
inserting 
‘‘C78.81–2003 (Data Sheet 7881–ANSI– 
1019–1)’’; and 
(B) by adding at the end the following: 
‘‘(M) The term ‘F34T12 lamp’ (also known as 
a ‘F40T12/ES lamp’) means a nominal 34 watt tu-
bular fluorescent lamp that is 48 inches in length 
and 11⁄2 inches in diameter, and conforms to ANSI 
standard C78.81–2003 (Data Sheet 7881–ANSI– 
1006–1). 
‘‘(N) The term ‘F96T12/ES lamp’ means a 
nominal 60 watt tubular fluorescent lamp that is 96 
inches in length and 11⁄2 inches in diameter, and 
conforms to ANSI standard C78.81–2003 (Data 
Sheet 7881–ANSI–3006–1). 
‘‘(O) The term ‘F96T12HO/ES lamp’ means a 
nominal 95 watt tubular fluorescent lamp that is 96 
inches in length and 11⁄2 inches in diameter, and 
conforms to ANSI standard C78.81–2003 (Data 
Sheet 7881–ANSI–1017–1).
‘‘(P) The term ‘replacement ballast’ means a 
ballast that— 
‘‘(i) is designed for use to replace an exist-
ing ballast in a previously installed luminaire; 
‘‘(ii) is marked ‘FOR REPLACEMENT 
USE ONLY’; 
‘‘(iii) is shipped by the manufacturer in 
packages containing not more than 10 ballasts; 
and 
‘‘(iv) has output leads that when fully ex-
tended are a total length that is less than the 
length of the lamp with which the ballast is in-
tended to be operated.’’; 
(2) in paragraph (30)(S)— 
(A) by inserting ‘‘(i)’’ before ‘‘The term’’; 
and 
(B) by adding at the end the following: 
‘‘(ii) The term ‘medium base compact fluo-
rescent lamp’ does not include— 
‘‘(I) any lamp that is— 
‘‘(aa) specifically designed to be 
used for special purpose applications; 
and 
‘‘(bb) unlikely to be used in gen-
eral purpose applications, such as the
applications described in subpara-
graph (D); or 
‘‘(II) any lamp not described in sub-
paragraph (D) that is excluded by the Sec-
retary, by rule, because the lamp is— 
‘‘(aa) designed for special appli-
cations; and 
‘‘(bb) unlikely to be used in gen-
eral purpose applications.’’; and 
(3) by adding at the end the following: 
‘‘(32) The term ‘battery charger’ means a de-
vice that charges batteries for consumer products, 
including battery chargers embedded in other con-
sumer products. 
‘‘(33)(A) The term ‘commercial prerinse spray 
valve’ means a handheld device designed and mar-
keted for use with commercial dishwashing and ware 
washing equipment that sprays water on dishes, flat-
ware, and other food service items for the purpose 
of removing food residue before cleaning the items. 
‘‘(B) The Secretary may modify the definition 
of ‘commercial prerinse spray valve’ by rule— 
‘‘(i) to include products—
‘‘(I) that are extensively used in 
conjunction with commercial dish-
washing and ware washing equipment; 
‘‘(II) the application of standards 
to which would result in significant 
energy savings; and 
‘‘(III) the application of stand-
ards to which would meet the criteria 
specified in section 325(o)(4); and 
‘‘(ii) to exclude products— 
‘‘(I) that are used for special 
food service applications; 
‘‘(II) that are unlikely to be 
widely used in conjunction with com-
mercial dishwashing and ware wash-
ing equipment; and 
‘‘(III) the application of stand-
ards to which would not result in sig-
nificant energy savings. 
‘‘(34) The term ‘dehumidifier’ means a self-con-
tained, electrically operated, and mechanically en-
cased assembly consisting of— 
‘‘(A) a refrigerated surface (evaporator) 
that condenses moisture from the atmosphere;
‘‘(B) a refrigerating system, including an 
electric motor; 
‘‘(C) an air-circulating fan; and 
‘‘(D) means for collecting or disposing of 
the condensate. 
‘‘(35)(A) The term ‘distribution transformer’ 
means a transformer that— 
‘‘(i) has an input voltage of 34.5 kilovolts 
or less; 
‘‘(ii) has an output voltage of 600 volts or 
less; and 
‘‘(iii) is rated for operation at a frequency 
of 60 Hertz. 
‘‘(B) The term ‘distribution transformer’ does 
not include— 
‘‘(i) a transformer with multiple volt-
age taps, the highest of which equals at 
least 20 percent more than the lowest; 
‘‘(ii) a transformer that is designed to 
be used in a special purpose application 
and is unlikely to be used in general pur-
pose applications, such as a drive trans-
former, rectifier transformer, auto-trans-
former, Uninterruptible Power System 
transformer, impedance transformer, regu-
lating transformer, sealed and nonven-
tilating transformer, machine tool trans-
former, welding transformer, grounding 
transformer, or testing transformer; or 
‘‘(iii) any transformer not listed in 
clause (ii) that is excluded by the Sec-
retary by rule because— 
‘‘(I) the transformer is designed 
for a special application; 
‘‘(II) the transformer is unlikely 
to be used in general purpose applica-
tions; and 
‘‘(III) the application of stand-
ards to the transformer would not re-
sult in significant energy savings. 
‘‘(36) The term ‘external power supply’ means 
an external power supply circuit that is used to con-
vert household electric current into DC current or 
lower-voltage AC current to operate a consumer 
product. 
‘‘(37) The term ‘illuminated exit sign’ means a 
sign that— 
‘‘(A) is designed to be permanently fixed in 
place to identify an exit; and
‘‘(B) consists of an electrically powered in-
tegral light source that— 
‘‘(i) illuminates the legend ‘EXIT’ 
and any directional indicators; and 
‘‘(ii) provides contrast between the 
legend, any directional indicators, and the 
background. 
‘‘(38) The term ‘low-voltage dry-type distribu-
tion transformer’ means a distribution transformer 
that— 
‘‘(A) has an input voltage of 600 volts or 
less; 
‘‘(B) is air-cooled; and 
‘‘(C) does not use oil as a coolant. 
‘‘(39) The term ‘pedestrian module’ means a 
light signal used to convey movement information to 
pedestrians. 
‘‘(40) The term ‘refrigerated bottled or canned 
beverage vending machine’ means a commercial re-
frigerator that cools bottled or canned beverages and 
dispenses the bottled or canned beverages on pay-
ment. 
‘‘(41) The term ‘standby mode’ means the low-
est power consumption mode, as established on an 
individual product basis by the Secretary, that—