Efficient Energy Through Certified Technologies and Electricity Reliability (EFFECTER) Act of 2005 - Amends the Internal Revenue Code to provide tax incentives affecting: (1) energy efficient commercial building property; (2) new energy efficient homes; (3) certain energy efficient property used in business; (4) nonbusiness energy property; and (5) combined heat and power system property.
Amends the Energy Policy and Conservation Act to expand the scope of consumer products that fall within the Energy Conservation Program (other than automobiles), including: (1) vending machines and commercial package air conditioning and heating equipment; and (2) commercial refrigerators, freezers, and refrigerator-freezers.
Directs the Federal Trade Commission to initiate a rulemaking regarding: (1) the effectiveness of the consumer products labeling program in assisting consumers to make purchasing decisions and to improve energy efficiency; and (2) changes to the labeling rules that would improve the effectiveness of consumer product labels.
Amends the National Energy Conservation Policy Act to prescribe guidelines under which the head of an executive agency shall procure either an Energy Star product or a Federal Energy Management Program (FEMP)-designated product in order to meet agency requirements for an energy consuming product.
Repeals the termination of authority to enter into new energy savings performance contracts (thereby making such authority permanent).
Amends the Energy Conservation and Production Act to direct the Secretary of Energy to establish certain revised Federal building energy efficiency performance standards.
Amends the United States Housing Act of 1937 to include within the mandatory activities funded by the Capital Fund: (1) installing fixtures and fittings to improve energy and water-use efficiency; and (2) integrated utility management and capital planning to maximize energy conservation and efficiency measures.
Amends the Cranston-Gonzalez National Affordable Housing Act to direct the Secretary of Housing and Urban Development and the Secretary of Agriculture to promulgate energy efficiency standards for rehabilitation and new construction of certain public and assisted housing.
Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) jurisdiction over the FERC-certified Electric Reliability Organization, including any regional entities, and all users, owners and operators of the bulk-power system for purposes of approving specified reliability standards.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1834 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1834
To provide for various energy efficiency programs and tax incentives,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2005
Mr. Cunningham (for himself and Mr. Markey) 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 period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide for various energy efficiency programs and tax incentives,
and for other purposes.
Be it enacted by the Senate and House of Representatives 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 ``Efficient Energy
Through Certified Technologies and Electricity Reliability (EFFECTER)
Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TAX INCENTIVES
Sec. 101. Energy efficient commercial buildings deduction.
Sec. 102. Credit for construction of new energy efficient homes.
Sec. 103. Incentive for certain energy efficient property used in
business.
Sec. 104. Credit for certain nonbusiness energy property.
Sec. 105. Energy credit for combined heat and power system property.
TITLE II--ENERGY EFFICIENT PRODUCTS
Sec. 201. Energy conservation standards for additional products.
Sec. 202. Energy labeling.
Sec. 203. Commercial package air conditioning and heating equipment.
Sec. 204. Commercial refrigerators, freezers, and refrigerator-
freezers.
TITLE III--ENERGY EFFICIENT FEDERAL PROGRAMS
Sec. 301. Procurement of energy efficient products.
Sec. 302. Energy savings performance contracts.
Sec. 303. Federal building performance standards.
TITLE IV--PUBLIC HOUSING
Sec. 401. Public housing capital fund.
Sec. 402. Grants for energy-conserving improvements for assisted
housing.
Sec. 403. Energy-efficient appliances.
Sec. 404. Energy efficiency standards.
TITLE V--RELIABILITY STANDARDS
Sec. 501. Electric reliability standards.
TITLE I--TAX INCENTIVES
SEC. 101. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179B the following new section:
``SEC. 179C. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
``(a) In General.--There shall be allowed as a deduction an amount
equal to the cost of energy efficient commercial building property
placed in service during the taxable year.
``(b) Maximum Amount of Deduction.--The deduction under subsection
(a) with respect to any building for the taxable year and all prior
taxable years shall not exceed an amount equal to the product of--
``(1) $2.25, and
``(2) the square footage of the building.
``(c) Definitions.--For purposes of this section--
``(1) Energy efficient commercial building property.--The
term `energy efficient commercial building property' means
property--
``(A) which is installed on or in any building
located in the United States,
``(B) which is installed as part of--
``(i) the interior lighting systems,
``(ii) the heating, cooling, ventilation,
and hot water systems, or
``(iii) the building envelope, and
``(C) which is certified in accordance with
subsection (d)(6) as being installed as part of a plan
designed to reduce the total annual energy and power
costs with respect to the interior lighting systems,
heating, cooling, ventilation, and hot water systems of
the building by 50 percent or more in comparison to a
reference building which meets the minimum requirements
of Standard 90.1-2001 using methods of calculation
under subsection (d)(2).
A building described in subparagraph (A) may include any
residential rental property, including any low-rise multifamily
structure or single family housing property which is not within
the scope of Standard 90.1-2001, but shall not include any
qualified new energy efficient home (within the meaning of
section 45J(d)(3)) for which a credit under section 45J has
been allowed.
``(2) Standard 90.1-2001.--The term `Standard 90.1-2001'
means Standard 90.1-2001 of the American Society of Heating,
Refrigerating, and Air Conditioning Engineers and the
Illuminating Engineering Society of North America (as in effect
on April 2, 2003).
``(d) Special Rules.--
``(1) Partial allowance.--
``(A) In general.--Except as provided in subsection
(f), if--
``(i) the requirement of subsection
(c)(1)(C) is not met, but
``(ii) there is a certification in
accordance with paragraph (6) that any system
referred to in subsection (c)(1)(B) satisfies
the energy-savings targets established by the
Secretary under subparagraph (B) with respect
to such system,
then the requirement of subsection (c)(1)(C) shall be
treated as met with respect to such system, and the
deduction under subsection (a) shall be allowed with
respect to energy efficient commercial building
property installed as part of such system and as part
of a plan to meet such targets, except that subsection
(b) shall be applied to such property by substituting
`$.75' for `$2.25'.
``(B) Regulations.--The Secretary, after
consultation with the Secretary of Energy, shall
establish a target for each system described in
subsection (c)(1)(B) which, if such targets were met
for all such systems, the building would meet the
requirements of subsection (c)(1)(C).
``(2) Methods of calculation.--The Secretary, after
consultation with the Secretary of Energy, shall promulgate
regulations which describe in detail methods for calculating
and verifying energy and power consumption and cost, based on
the provisions of the 2005 California Nonresidential
Alternative Calculation Method Approval Manual or, in the case
of residential property, the 2005 California Residential
Alternative Calculation Method Approval Manual. These
regulations shall meet the following requirements:
``(A) In calculating tradeoffs and energy
performance, the regulations shall prescribe the costs
per unit of energy and power, such as kilowatt hour,
kilowatt, gallon of fuel oil, and cubic foot or Btu of
natural gas, which may be dependent on time of usage.
If a State has developed annual energy usage and cost
calculation procedures based on time of usage costs for
use in the performance standards of the State's
building energy code before the effective date of this
section, the State may use those annual energy usage
and cost calculation procedures in lieu of those
adopted by the Secretary.
``(B) The calculation methods under this paragraph
need not comply fully with section 11 of Standard 90.1-
2001.
``(C) The calculation methods shall be fuel
neutral, such that the same energy efficiency features
shall qualify a building for the deduction under this
section regardless of whether the heating source is a
gas or oil furnace or an electric heat pump. The
reference building for a proposed design which employs
electric resistance heating shall be modeled as using a
heat pump.
``(D) The calculation methods shall provide
appropriate calculated energy savings for design
methods and technologies not otherwise credited in
either Standard 90.1-2001 or in the 2005 California
Nonresidential 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.
``(iv) Daylighting.
``(v) Designs utilizing semi-conditioned
spaces which maintain adequate comfort
conditions without air conditioning or without
heating.
``(vi) Improved fan system efficiency,
including reductions in static pressure.
``(vii) Advanced unloading mechanisms for
mechanical cooling, such as multiple or
variable speed compressors.
``(viii) The calculation methods may take
into account the extent of commissioning in the
building, and allow the taxpayer to take into
account measured performance which exceeds
typical performance.
``(ix) On-site generation of electricity,
including combined heat and power systems, fuel
cells, and renewable energy generation such as
solar energy.
``(x) Wiring with lower energy losses than
wiring satisfying Standard 90.1-2001
requirements for building power distribution
systems.
``(3) Computer software.--
``(A) In general.--Any calculation under paragraph
(2) shall be prepared by qualified computer software.
``(B) Qualified computer software.--For purposes of
this paragraph, the term `qualified computer software'
means software--
``(i) for which the software designer has
certified that the software meets all
procedures and detailed methods 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 section,
and
``(iii) which provides a notice form which
documents the energy efficiency features of the
building and its projected annual energy costs.
``(4) Allocation of deduction for public property.--In the
case of energy efficient commercial building property installed
on or in public property, 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
section.
``(5) Notice to owner.--Each certification required under
this section shall include an explanation to the building owner
regarding the energy efficiency features of the building and
its projected annual energy costs as provided in the notice
under paragraph (3)(B)(iii).
``(6) Certification.--
``(A) In general.--The Secretary shall prescribe
the manner and method for the making of certifications
under this section.
``(B) Procedures.--The Secretary shall include as
part of the certification process procedures for
inspection and testing by qualified individuals
described in subparagraph (C) to ensure compliance of
buildings with energy-savings plans and targets. Such
procedures shall be comparable, given the difference
between commercial and residential buildings, to the
requirements in the Mortgage Industry National
Accreditation Procedures for Home Energy Rating
Systems.
``(C) Qualified individuals.--Individuals qualified
to determine compliance shall be only those individuals
who are recognized by an organization certified by the
Secretary for such purposes.
``(e) Basis Reduction.--For purposes of this subtitle, if a
deduction is allowed under this section with respect to any energy
efficient commercial building property, the basis of such property
shall be reduced by the amount of the deduction so allowed.
``(f) Interim Rules for Lighting Systems.--Until such time as the
Secretary issues final regulations under subsection (d)(1)(B) with
respect to property which is part of a lighting system--
``(1) In general.--The lighting system target under
subsection (d)(1)(A)(ii) shall be a reduction in lighting power
density of 25 percent (50 percent in the case of a warehouse)
of the minimum requirements in Table 9.3.1.1 or Table 9.3.1.2
(not including additional interior lighting power allowances)
of Standard 90.1-2001.
``(2) Reduction in deduction if reduction less than 40
percent.--
``(A) In general.--If, with respect to the lighting
system of any building other than a warehouse, the
reduction in lighting power density of the lighting
system is not at least 40 percent, only the applicable
percentage of the amount of deduction otherwise
allowable under this section with respect to such
property shall be allowed.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage is the
number of percentage points (not greater than 100)
equal to the sum of--
``(i) 50, and
``(ii) the amount which bears the same
ratio to 50 as the excess of the reduction of
lighting power density of the lighting system
over 25 percentage points bears to 15.
``(C) Exceptions.--This subsection shall not apply
to any system--
``(i) the controls and circuiting of which
do not comply fully with the mandatory and
prescriptive requirements of Standard 90.1-2001
and which do not include provision for bilevel
switching in all occupancies except hotel and
motel guest rooms, store rooms, restrooms, and
public lobbies, or
``(ii) which does not meet the minimum
requirements for calculated lighting levels as
set forth in the Illuminating Engineering
Society of North America Lighting Handbook,
Performance and Application, Ninth Edition,
2000.
``(g) Coordination With Other Tax Benefits.--
``(1) No double benefit.--No deduction shall be allowed
under subsection (a) with respect to any building for which a
credit under section 45J has been allowed.
``(2) Special rule with respect to buildings with energy
efficient property.--In any case in which a deduction under
section 200 or a credit under section 25C has been allowed with
respect to property in connection with a building, the annual
energy and power costs of the reference building referred to in
subsection (c)(1)(C) shall be determined assuming such
reference building contains the property for which such
deduction or credit has been allowed.
``(h) Regulations.--The Secretary shall promulgate such regulations
as necessary--
``(1) to take into account new technologies regarding
energy efficiency and renewable energy for purposes of
determining energy efficiency and savings under this section,
and
``(2) to provide for a recapture of the deduction allowed
under this section if the plan described in subsection
(c)(1)(C) or (d)(1)(A) is not fully implemented.
``(i) Termination.--This section shall not apply with respect to
property placed in service after December 31, 2010.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 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 179C(e).''.
(2) Section 1245(a) of such Code is amended by inserting
``179C,'' after ``179B,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(3) Section 1250(b)(3) of such Code is amended by inserting
before the period at the end of the first sentence ``or by
section 179C''.
(4) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (H), by striking the period
at the end of subparagraph (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.''.
(5) Section 312(k)(3)(B) of such Code is amended by
striking ``section 179, 179A, or 179B'' each place it appears
in the heading and text and inserting ``section 179, 179A,
179B, or 179C''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after section 179B the following new item:
``179C. Energy efficient commercial buildings deduction.''.
(d) 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. 102. CREDIT FOR CONSTRUCTION OF NEW ENERGY EFFICIENT HOMES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45J. NEW ENERGY EFFICIENT HOME CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible contractor with respect to a qualified new energy efficient
home, the credit determined under this section for the taxable year
with respect to such home is an amount equal to the aggregate adjusted
bases of all energy efficient property installed in such home during
construction of such home.
``(b) Limitations.--
``(1) Maximum credit.--
``(A) In general.--The credit allowed by this
section with respect to a dwelling unit shall not
exceed--
``(i) in the case of a dwelling unit
described in clause (i) or (iii) of subsection
(c)(3)(C), $1,000, and
``(ii) in the case of a dwelling unit
described in clause (ii) or (iv) of subsection
(c)(3)(C), $2,000.
``(B) Prior credit amounts on same dwelling unit
taken into account.--If a credit was allowed under
subsection (a) with respect to a dwelling unit in 1 or
more prior taxable years, the amount of the credit
otherwise allowable for the taxable year with respect
to such dwelling unit shall be reduced by the sum of
the credits allowed under subsection (a) with respect
to the dwelling unit for all prior taxable years.
``(2) Coordination with certain credits.--For purposes of
this section--
``(A) the basis of any property referred to in
subsection (a) shall be reduced by that portion of the
basis of any property which is attributable to
qualified rehabilitation expenditures (as defined in
section 47(c)(2)) or to the energy percentage of energy
property (as determined under section 48(a)), and
``(B) expenditures taken into account under section
47 or 48(a) shall not be taken into account under this
section.
``(c) Definitions.--For purposes of this section--
``(1) Eligible contractor.--The term `eligible contractor'
means--
``(A) the person who constructed the qualified new
energy efficient home, or
``(B) in the case of a qualified new energy
efficient home which is a manufactured home, the
manufactured home producer of such home.
If more than 1 person is described in subparagraph (A) or (B)
with respect to any qualified new energy efficient home, such
term means the person designated as such by the owner of such
home.
``(2) Energy efficient property.--The term `energy
efficient property' means any energy efficient building
envelope component, and any energy efficient heating or cooling
equipment or system, which can, individually or in combination
with other components, result in a dwelling unit meeting the
requirements of this section.
``(3) Qualified new energy efficient home.--The term
`qualified new energy efficient home' means a dwelling unit--
``(A) located in the United States,
``(B) the construction of which is substantially
completed after the date of the enactment of this
section, and
``(C) which is--
``(i) certified to have a level of annual
heating and cooling energy consumption which is
at least 30 percent below the annual level of
heating and cooling energy consumption of a
comparable dwelling unit constructed in
accordance with the standards of chapter 4 of
the 2003 International Energy Conservation
Code, as such Code (including supplements) is
in effect on the date of the enactment of this
section, and for which the heating and cooling
equipment efficiencies correspond to the
minimum allowed under the regulations
established by the Department of Energy
pursuant to the National Appliance Energy
Conservation Act of 1987 and in effect at the
time of construction, and to have building
envelope component improvements account for at
least \1/3\ of such 30 percent,
``(ii) certified to have a level of annual
heating and cooling energy consumption which is
at least 50 percent below such annual level and
to have building envelope component
improvements account for at least \1/5\ of such
50 percent,
``(iii) a manufactured home which meets the
requirements of clause (i) and which conforms
to Federal Manufactured Home Construction and
Safety Standards (section 3280 of title 24,
Code of Federal Regulations), or
``(iv) a manufactured home which meets the
requirements of clause (ii) and which conforms
to Federal Manufactured Home Construction and
Safety Standards (section 3280 of title 24,
Code of Federal Regulations).
``(4) Construction.--The term `construction' includes
substantial reconstruction and rehabilitation.
``(5) Acquire.--The term `acquire' includes purchase and,
in the case of reconstruction and rehabilitation, such term
includes a binding written contract for such reconstruction or
rehabilitation.
``(6) Building envelope component.--The term `building
envelope component' means--
``(A) any insulation material or system which is
specifically and primarily designed to reduce the heat
loss or gain of a dwelling unit when installed in or on
such dwelling unit,
``(B) exterior windows (including skylights),
``(C) exterior doors, and
``(D) any metal roof installed on a dwelling unit,
but only if such roof has appropriate pigmented
coatings which--
``(i) are specifically and primarily
designed to reduce the heat gain of such
dwelling unit, and
``(ii) meet the Energy Star program
requirements.
``(d) Certification.--
``(1) Method of certification.--A certification described
in subsection (c)(3)(C) shall be determined in accordance with
guidance prescribed by the Secretary, after consultation with
the Secretary of Energy. Such guidance shall specify procedures
and methods for calculating energy and cost savings.
``(2) Form.--A certification described in subsection
(c)(3)(C) shall be made in writing in a manner which specifies
in readily verifiable fashion the energy efficient building
envelope components and energy efficient heating or cooling
equipment installed and their respective rated energy
efficiency performance.
``(e) Basis Adjustment.--For purposes of this subtitle, if a credit
is determined under this section for any expenditure with respect to
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) Special Rule With Respect to Buildings With Energy Efficient
Property.--In any case in which a deduction under section 200 or a
credit under section 25C has been allowed with respect to property in
connection with a dwelling unit, the level of annual heating and
cooling energy consumption of the comparable dwelling unit referred to
in clauses (i) and (ii) of subsection (c)(3)(C) shall be determined
assuming such comparable dwelling unit contains the property for which
such deduction or credit has been allowed.
``(g) Application of Section.--
``(1) 50 percent homes.--In the case of any dwelling unit
described in clause (ii) or (iv) of subsection (c)(3)(C),
subsection (a) shall apply to qualified new energy efficient
homes acquired during the period beginning on the date of the
enactment of this section, and ending on December 31, 2009.
``(2) 30 percent homes.--In the case of any dwelling unit
described in clause (i) or (iii) of subsection (c)(3)(C),
subsection (a) shall apply to qualified new energy efficient
homes acquired during the period beginning on the date of the
enactment of this section, and ending on December 31, 2007.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (18),
by striking the period at the end of paragraph (19) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(20) the new energy efficient home credit determined
under section 45J(a).''.
(c) Basis Adjustment.--Subsection (a) of section 1016 of the
Internal Revenue Code of 1986, as amended by section 101, 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 45J(e), in the
case of amounts with respect to which a credit has been allowed
under section 45J.''.
(d) Deduction for Certain Unused Business Credits.--Section 196(c)
of the Internal Revenue Code of 1986 (defining qualified business
credits) is amended by striking ``and'' at the end of paragraph (11),
by striking the period at the end of paragraph (12) and inserting ``,
and'', and by adding after paragraph (12) the following new paragraph:
``(13) the new energy efficient home credit determined
under section 45J(a).''.
(e) Clerical Amendment.--The table of sections for 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 item:
``45J. New energy efficient home credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 103. INCENTIVE FOR CERTAIN ENERGY EFFICIENT PROPERTY USED IN
BUSINESS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 200. ENERGY PROPERTY DEDUCTION.
``(a) In General.--There shall be allowed as a deduction for the
taxable year an amount equal to the sum of--
``(1) the amount determined under subsection (b) for each
energy property of the taxpayer placed in service during such
taxable year, and
``(2) the energy efficient residential rental building
property deduction determined under subsection (e).
``(b) Amount for Energy Property.--
``(1) In general.--The amount determined under this
subsection for the taxable year for each item of energy
property shall equal the amount specified for such property in
the following table:
------------------------------------------------------------------------
Description of property: Allowable amount is:
------------------------------------------------------------------------
Elected solar hot water property.. $1.00 per each kwh/year of
savings
Photovoltaic property............. $4.50 per peak watt
Advanced main air circulating fan $150
or a Tier 1 natural gas, propane,
or oil water heater.
Tier 2 energy-efficient building $900
property.
Tier 1 energy-efficient building $450.
property (other than an advanced
main air circulating fan or a
natural gas, propane, or oil
water heater).
------------------------------------------------------------------------
``(2) Elected solar hot water property.--In the case of
elected solar hot water property, the taxpayer may elect to
substitute `$21 per annual Therm of natural gas savings' for
`$1.00 per each kwh/year of savings' in the table contained in
paragraph (1).
``(c) Energy Property Defined.--
``(1) In general.--For purposes of this part, the term
`energy property' means any property--
``(A) which is--
``(i) solar energy property,
``(ii) Tier 2 energy-efficient building
property,
``(iii) Tier 1 energy-efficient building
property, or
``(iv) an advanced main air circulating
fan,
``(B)(i) the construction, reconstruction, or
erection of which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the
original use of such property commences with the
taxpayer,
``(C) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable, and
``(D) which meets the performance and quality
standards, and the certification requirements (if any),
which--
``(i) have been prescribed by the Secretary
by regulations (after consultation with the
Secretary of Energy or the Administrator of the
Environmental Protection Agency, as
appropriate),
``(ii) in the case of the energy efficiency
ratio (EER) for central air conditioners and
electric heat pumps--
``(I) require measurements to be
based on published data which is tested
by manufacturers at 95 degrees
Fahrenheit, and
``(II) may be based on the
certified data of the Air Conditioning
and Refrigeration Institute that are
prepared in partnership with the
Consortium for Energy Efficiency,
``(iii) in the case of geothermal heat
pumps--
``(I) shall be based on testing
under the conditions of ARI/ISO
Standard 13256-1 for Water Source Heat
Pumps or ARI 870 for Direct Expansion
GeoExchange Heat Pumps (DX), as
appropriate, and
``(II) shall include evidence that
water heating services have been
provided through a desuperheater or
integrated water heating system
connected to the storage water heater
tank, and
``(iv) are in effect at the time of the
acquisition of the property.
``(2) Solar energy property.--In the case of--
``(A) elected solar hot water property, the
regulations under paragraph (1)(D) shall be based on
the OG-300 Standard for the Annual Performance of OG-
300 Certified Systems of the Solar Rating and
Certification Corporation, and
``(B) photovoltaics, such regulations shall be
based on the ASTM Standard E 1036 and E 1036M-96
Standard Test Method for Electric Performance of
Nonconcentrator Terrestrial Photovoltaic Modules and
Arrays Using Reference Cells,
to the extent the Secretary determines such standards carry out
the purposes of this section.
``(3) Exception.--Such term shall not include any property
which is public utility property (as defined in section
46(f)(5) as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990).
``(d) Definitions Relating to Types of Energy Property.--For
purposes of this section--
``(1) Solar energy property.--
``(A) In general.--The term `solar energy property'
means equipment which uses solar energy--
``(i) to generate electricity, or
``(ii) to provide hot water for use in a
structure.
``(B) Elected solar hot water property.--
``(i) In general.--The term `elected solar
hot water property' means property which is
solar energy property by reason of subparagraph
(A)(ii) and for which an election under this
subparagraph is in effect.
``(ii) Election.--For purposes of clause
(i), a taxpayer may elect to treat property
described in clause (i) as elected solar hot
water property.
``(C) Photovoltaic property.--The term
`photovoltaic property' means solar energy property
which uses a solar photovoltaic process to generate
electricity.
``(D) Swimming pools, etc., used as storage
medium.--The term `solar energy property' shall not
include a swimming pool, hot tub, or any other energy
storage medium which has a function other than the
function of such storage.
``(E) Solar panels.--No solar panel or other
property installed as a roof (or portion thereof) shall
fail to be treated as solar energy property solely
because it constitutes a structural component of the
structure on which it is installed.
``(2) Tier 2 energy-efficient building property.--The term
`Tier 2 energy-efficient building property' means--
``(A) an electric heat pump water heater which
yields an energy factor of at least 2.0 in the standard
Department of Energy test procedure,
``(B) an electric heat pump which has a heating
seasonal performance factor (HSPF) of at least 9, a
seasonal energy efficiency ratio (SEER) of at least 15,
and an energy efficiency ratio (EER) of at least 13,
``(C) a geothermal heat pump which--
``(i) in the case of a closed loop product,
has an energy efficiency ratio (EER) of at
least 14.1 and a heating coefficient of
performance (COP) of at least 3.3,
``(ii) in the case of an open loop product,
has an energy efficiency ratio (EER) of at
least 16.2 and a heating coefficient of
performance (COP) of at least 3.6, and
``(iii) in the case of a direct expansion
(DX) product, has an energy efficiency ratio
(EER) of at least 15 and a heating coefficient
of performance (COP) of at least 3.5,
``(D) a central air conditioner which has a
seasonal energy efficiency ratio (SEER) of at least 15
and an energy efficiency ratio (EER) of at least 13,
and
``(E) a natural gas, propane, or oil water heater
which has an energy factor of at least 0.80.
``(3) Tier 1 energy-efficient building property.--The term
`Tier 1 energy-efficient building property' means--
``(A) an electric heat pump which has a heating
system performance factor (HSPF) of at least 8.5, a
cooling seasonal energy efficiency ratio (SEER) of at
least 14, and an energy efficiency ratio (EER) of at
least 12,
``(B) a central air conditioner which has a cooling
seasonal energy efficiency ratio (SEER) of at least 14
and an energy efficiency ratio (EER) of at least 12,
``(C) a natural gas, propane, or oil water heater
which has an energy factor of at least 0.65, and
``(D) an oil, natural gas, or propane furnace or
hot water boiler which achieves at least 95 percent
annual fuel utilization efficiency (AFUE).
``(4) Advanced main air circulating fan.--The term
`advanced main air circulating fan' means a fan used in a
natural gas, propane, or oil furnace originally placed in
service by the taxpayer during the taxable year, including a
fan which uses a brushless permanent magnet motor or another
type of motor which achieves similar or higher efficiency at
full and half speed, as determined by the Secretary.
``(e) Energy Efficient Residential Rental Building Property
Deduction.--
``(1) Deduction allowed.--For purposes of subsection (a)--
``(A) In general.--The energy efficient residential
rental building property deduction determined under
this subsection is an amount equal to energy efficient
residential rental building property expenditures made
by a taxpayer for the taxable year.
``(B) Maximum amount of deduction.--The amount of
energy efficient residential rental building property
expenditures taken into account under subparagraph (A)
with respect to each dwelling unit shall not exceed--
``(i) $6,000 in the case of a percentage
reduction of 50 percent as determined under
paragraph (2)(B), and
``(ii) $12,000 times the percentage
reduction in the case of a percentage reduction
of less than 50 percent as determined under
paragraph (2)(B).
``(C) Year deduction allowed.--The deduction under
subparagraph (A) shall be allowed in the taxable year
in which the construction, reconstruction, erection, or
rehabilitation of the property is completed.
``(2) Energy efficient residential rental building property
expenditures.--For purposes of this subsection--
``(A) In general.--The term `energy efficient
residential rental building property expenditures'
means an amount paid or incurred in connection with
construction, reconstruction, erection, or
rehabilitation of energy efficient residential rental
building property--
``(i) for which depreciation is allowable
under section 167,
``(ii) which is located in the United
States, and
``(iii) the construction, reconstruction,
erection, or rehabilitation of which is
completed by the taxpayer.
Such term includes expenditures for labor costs
properly allocable to the onsite preparation, assembly,
or original installation of the property.
``(B) Energy efficient residential rental building
property.--
``(i) In general.--The term `energy
efficient residential rental building property'
means any property which reduces total annual
energy and power costs with respect to heating
and cooling of the building by a percentage
certified according to clause (ii).
``(ii) Procedures.--
``(I) In general.--For purposes of
clause (i), energy usage and costs
shall be demonstrated by performance-
based compliance.
``(II) Performance-based
compliance.--Performance-based
compliance shall be demonstrated by
calculating the percent energy cost
savings for heating and cooling, as
applicable, with respect to a dwelling
unit when compared to the original
condition of the dwelling unit.
``(III) Computer software.--
Computer software shall be used in
support of performance-based compliance
under subclause (II) and such software
shall meet all of the procedures and
methods for calculating energy savings
reductions which are promulgated by the
Secretary of Energy. Such regulations
on the specifications for software and
verification protocols shall be based
on the 2005 California Residential
Alternative Calculation Method Approval
Manual.
``(IV) Calculation requirements.--
In calculating tradeoffs and energy
performance, the regulations prescribed
under this clause shall prescribe for
the taxable year the costs per unit of
energy and power, such as kilowatt
hour, kilowatt, gallon of fuel oil, and
cubic foot or Btu of natural gas, which
may be dependent on time of usage.
Where a State has developed annual
energy usage and cost calculation
procedures based on time of usage costs
for use in the performance standards of
the State's building energy code prior
to the effective date of this section,
the State may use those annual energy
usage and cost calculation procedures
in lieu of those adopted by the
Secretary.
``(V) Approval of software
submissions.--The Secretary shall
approve software submissions which
comply with the requirements of
subclause (III).
``(VI) Procedures for inspection
and testing of homes.--The Secretary
shall ensure that procedures for the
inspection and testing for compliance
comply with the calculation
requirements under subclause (IV) of
this clause and clause (iv).
``(iii) Determinations of compliance.--A
determination of compliance with respect to
energy efficient residential rental building
property made for the purposes of this
subparagraph shall be filed with the Secretary
not later than 1 year after the date of such
determination and shall include the TIN of the
certifier, the address of the building in
compliance, and the identity of the person for
whom such determination was performed.
Determinations of compliance filed with the
Secretary shall be available for inspection by
the Secretary of Energy.
``(iv) Compliance.--
``(I) In general.--The Secretary,
after consultation with the Secretary
of Energy, shall establish requirements
for certification and compliance
procedures after examining the
requirements for energy consultants and
home energy ratings providers specified
by the Mortgage Industry National Home
Energy Rating Standards.
``(II) Individuals qualified to
determine compliance.--The
determination of compliance may be
provided by a local building regulatory
authority, a utility, a manufactured
home production inspection primary
inspection agency (IPIA), or an
accredited home energy rating system
provider. All providers shall be
accredited, or otherwise authorized to
use approved energy performance
measurement methods, by the Residential
Energy Services Network (RESNET).
``(C) Allocation of deduction for public
property.--In the case of energy efficient residential
rental building property which is public property, the
Secretary shall promulgate a regulation to allow the
allocation of the deduction to the person primarily
responsible for designing the improvements to 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.
``(f) Special Rules.--For purposes of this section--
``(1) Basis reduction.--For purposes of this subtitle, if a
deduction is allowed under this section with respect to any
property, the basis of such property shall be reduced by the
amount of the deduction so allowed.
``(2) Double benefit.--Property which would, but for this
paragraph, be eligible for a deduction under more than one
provision of this section shall be eligible only under one such
provision, the provision specified by the taxpayer.
``(g) Regulations.--The Secretary shall promulgate such regulations
as necessary to take into account new technologies regarding energy
efficiency and renewable energy for purposes of determining energy
efficiency and savings under this section.
``(h) Termination.--This section shall not apply with respect to--
``(1) any energy property placed in service after December
31, 2009 (December 31, 2005, in the case of Tier 1 energy-
efficient building property (other than an oil, natural gas, or
propane furnace or hot water boiler described in subsection
(d)(3)(D))), and
``(2) any energy efficient residential rental building
property expenditures in connection with property--
``(A) placed in service after December 31, 2009, or
``(B) the construction, reconstruction, erection,
or rehabilitation of which is not completed on or
before December 31, 2009.''.
(b) Conforming Amendments.--
(1) Section 48(a)(3)(A) of the Internal Revenue Code of
1986 is amended to read as follows:
``(A) which is equipment used to produce,
distribute, or use energy derived from a geothermal
deposit (within the meaning of section 613(e)(2)), but
only, in the case of electricity generated by
geothermal power, up to (but not including) the
electrical transmission stage,''.
(2) Subparagraph (B) of section 168(e)(3) of such Code is
amended--
(A) in clause (vi)(I)--
(i) by striking ``section 48(a)(3)'' and
inserting ``section 200(d)(1)'', and
(ii) by striking ``clause (i)'' and
inserting ``such subparagraph (A)'', and
(B) in the last sentence, by striking ``section
48(a)(3)'' and inserting ``section 200(c)(3)''.
(3) Section 1016(a) of such Code, as amended by section
102, is amended by striking ``and'' at the end of paragraph
(32), by striking the period at the end of paragraph (33) and
inserting ``, and'', and by inserting the following new
paragraph:
``(34) for amounts allowed as a deduction under section
200(a).''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``200. Energy property deduction.''.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Energy out of amounts not already
appropriated such sums as necessary to carry out this section.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 104. CREDIT FOR CERTAIN NONBUSINESS ENERGY PROPERTY.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. NONBUSINESS ENERGY PROPERTY.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the sum of--
``(A) the amount determined under subsection (b)
for each qualified energy property of the taxpayer
placed in service during such taxable year, and
``(B) so much of the credit amount specified in
paragraph (2) which does not exceed the expenditures
made by the taxpayer in connection with the
construction, reconstruction, erection, or
rehabilitation of a dwelling unit of the taxpayer which
results in the unit being a highly energy-efficient
principal residence.
For purposes of subparagraph (B), the expenditures may include
labor costs properly allocable to the onsite preparation,
assembly, or original installation of such property.
``(2) Credit amount.--The credit amount with respect to a
highly energy-efficient principal residence is--
``(A) $2,000 in the case of a percentage reduction
of 50 percent as determined under subsection
(c)(6)(A)(iii), and
``(B) $4,000 times the percentage reduction in the
case of a percentage reduction of less than 50 percent
as determined under subsection (c)(6)(A)(iii).
``(b) Amount for Qualified Energy Property.--
``(1) Residential energy property expenditures.--Except as
provided in paragraph (2), the amount determined under this
subsection for the taxable year for each item of qualified
energy property shall equal the amount of residential energy
property expenditures made by the taxpayer with respect to such
property during such taxable year.
``(2) Solar hot water property; photovoltaic property.--
``(A) In general.--In the case of solar hot water
property and photovoltaic property, the amount
determined under this subsection for the taxable year
shall equal the amount specified for such property in
the following table:
------------------------------------------------------------------------
Description of property: Allowable amount is:
------------------------------------------------------------------------
Elected solar hot water property.. 35 cents per each kwh/year of
savings
Photovoltaic property............. $1.50 per peak watt.
------------------------------------------------------------------------
``(B) Elected solar hot water property.--In the
case of elected solar hot water property (as defined in
section 200(d)(1)(B)), the taxpayer may elect to
substitute `$7 per annual Therm of natural gas savings'
for `35 cents per each kwh/year of savings' in the
table contained in subparagraph (A).
``(3) Maximum amount.--In the case of property described in
the following table, the amount of expenditures taken into
account under paragraph (1) and the amount determined under
paragraph (2) for the taxable year for each item of qualified
energy property with respect to a dwelling unit shall not
exceed the amount specified for such property in such table:
------------------------------------------------------------------------
Description of property item: Maximum allowable credit amount is:
------------------------------------------------------------------------
Tier 2 energy-efficient building $300
property.
Advanced main air circulating fan $50
or a Tier 1 natural gas, propane,
or oil water heater.
Tier 1 energy-efficient building $150
property (other than an advanced
main air circulating fan or a
natural gas, propane, or oil
water heater).
Solar hot water property.......... $1,000
Photovoltaic property............. $6,000.
------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy property expenditures.--The term
`residential energy property expenditures' means expenditures
made by the taxpayer for qualified energy property installed on
or in connection with a dwelling unit which--
``(A) is located in the United States, and
``(B) is used as a principal residence.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Qualified energy property.--
``(A) In general.--The term `qualified energy
property' means--
``(i) energy-efficient building property,
``(ii) solar hot water property,
``(iii) photovoltaic property, and
``(iv) an advanced main air circulating
fan.
``(B) Swimming pool, etc., used as storage medium;
solar panels.--For purposes of this paragraph, the
provisions of subparagraphs (D) and (E) section
200(d)(1) shall apply.
``(C) Required standards.--Property described under
subparagraph (A) shall meet the performance and quality
standards and certification standards of paragraphs
(1)(D) and (2) of section 200(c).
``(3) Energy-efficient building property.--The term
`energy-efficient building property' has the same meaning given
the terms `Tier 2 energy-efficient property', `Tier 1 energy-
efficient property', and `advanced main air circulating fan' in
paragraphs (2), (3), and (4) of section 200(d), respectively.
``(4) Solar hot water property.--The term `solar hot water
property' means property which, when installed in connection
with a structure, uses solar energy for the purpose of
providing hot water for use within such structure and the
performance of which is determined in accordance with section
200(c)(2)(A).
``(5) Photovoltaic property.--The term `photovoltaic
property' has the same meaning given such term in section
200(d)(1)(C).
``(6) Highly energy-efficient principal residence.--
``(A) In general.--Property is a highly energy-
efficient principal residence if--
``(i) such property is located in the
United States,
``(ii) the property is used as a principal
residence, and
``(iii) the projected heating and cooling
energy usage of such property, measured in
terms of average annual energy cost to
taxpayer, is reduced by a percentage certified
according to subparagraph (C) in comparison to
the energy cost of such property if
expenditures made by the taxpayer with respect
to energy efficient improvements to such
property were not made.
``(B) Principal residence.--
``(i) In general.--The term `principal
residence' has the same meaning as when used in
section 121, except that--
``(I) no ownership requirement
shall be imposed, and
``(II) the period for which a
building is treated as used as a
principal residence shall also include
the 60-day period ending on the 1st day
on which it would (but for this
subparagraph) first be treated as used
as a principal residence.
``(ii) Manufactured housing.--The term
`residence' shall include a dwelling unit which
is a manufactured home conforming to Federal
Manufactured Home Construction and Safety
Standards (24 C.F.R. 3280).
``(C) Certification procedures.--
``(i) In general.--For purposes of
subparagraph (A)(iii), energy usage shall be
demonstrated by performance-based compliance.
``(ii) Performance-based compliance.--
Performance-based compliance shall be
demonstrated if the percent energy cost savings
for heating and cooling is met with respect to
a dwelling unit when compared to the original
condition of the dwelling unit.
``(iii) Computer software.--Computer
software shall be used in support of
performance-based compliance under clause (ii)
and such software shall meet all of the
procedures and methods for calculating energy
savings reductions which are promulgated by the
Secretary of Energy. Such regulations on the
specifications for software and verification
protocols shall be based on the 2005 California
Residential Alternative Calculation Method
Approval Manual.
``(iv) Calculation requirements.--In
calculating tradeoffs and energy performance,
the regulations shall prescribe the costs per
unit of energy and power, such as kilowatt
hour, kilowatt, gallon of fuel oil, and cubic
foot or Btu of natural gas, which may be
dependent on time of usage. If a State has
developed annual energy usage and cost
calculation procedures based on time of usage
costs for use in the performance standards of
the State's building energy code before the
effective date of this section, the State may
use those annual energy usage and cost
calculation procedures in lieu of those adopted
by the Secretary.
``(v) Approval of software submissions.--
The Secretary shall approve software
submissions which comply with the calculation
requirements of clause (iii).
``(vi) Procedures for inspection and
testing of dwelling units.--The Secretary shall
ensure that procedures for the inspection and
testing for compliance comply with the
calculation requirements under clause (iii) and
subsection (d)(2).
``(d) Special Rules.--For purposes of this section--
``(1) Determinations of compliance.--A determination of
compliance made for the purposes of this section shall be filed
with the Secretary within 1 year of the date of such
determination and shall include the TIN of the certifier, the
address of the building in compliance, and the identity of the
person for whom such determination was performed.
Determinations of compliance filed with the Secretary shall be
available for inspection by the Secretary of Energy.
``(2) Compliance.--
``(A) In general.--The Secretary, after
consultation with the Secretary of Energy shall
establish requirements for certification and compliance
procedures after examining the requirements for energy
consultants and home energy ratings providers specified
by the Mortgage Industry National Home Energy Rating
Standards.
``(B) Individuals qualified to determine
compliance.--The determination of compliance may be
provided by a local building regulatory authority, a
utility, a manufactured home production inspection
primary inspection agency (IPIA), or an accredited home
energy rating system provider. All providers shall be
accredited, or otherwise authorized to use approved
energy performance measurement methods, by the
Residential Energy Services Network (RESNET).
``(3) Dollar amounts in case of joint occupancy.--In the
case of any dwelling unit which if jointly occupied and used
during any calendar year as a principal residence by 2 or more
individuals the following rules shall apply:
``(A) The amount of the credit allowable under
subsection (a) by reason of expenditures made during
such calendar year by any of such individuals with
respect to such dwelling unit shall be determined by
treating all of such individuals as 1 taxpayer whose
taxable year is such calendar year.
``(B) There shall be allowable with respect to such
expenditures to each of such individuals, a credit
under subsection (a) for the taxable year in which such
calendar year ends in an amount which bears the same
ratio to the amount determined under subparagraph (A)
as the amount of such expenditures made by such
individual during such calendar year bears to the
aggregate of such expenditures made by all of such
individuals during such calendar year.
``(4) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation and such
credit shall be allocated pro rata to such individual.
``(5) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having made his
proportionate share of any expenditures of such
association and any credit shall be allocated
appropriately.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as principal residences.
``(6) Joint ownership of energy items.--
``(A) In general.--Any expenditure otherwise
qualifying as an expenditure under this section shall
not be treated as failing to so qualify merely because
such expenditure was made with respect to 2 or more
dwelling units.
``(B) Limits applied separately.--In the case of
any expenditure described in subparagraph (A), the
amount of the credit allowable under subsection (a)
shall (subject to paragraph (1)) be computed separately
with respect to the amount of the expenditure made for
each dwelling unit.
``(7) Allocation in certain cases.--If less than 80 percent
of the use of an item is for nonbusiness purposes, only that
portion of the expenditures for such item which is properly
allocable to use for nonbusiness purposes shall be taken into
account.
``(8) Coordination with other credits.--Property which
would, but for this paragraph, be eligible for credit under
more than one provision of this section shall be eligible only
under one such provision, the provision specified by the
taxpayer.
``(9) Year credit allowed.--The credit under subsection
(a)(2) shall be allowed in the taxable year in which the
percentage reduction with respect to the principal residence is
certified.
``(10) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to an
item shall be treated as made when the original
installation of the item is completed.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction of a structure, such expenditure shall be
treated as made when the original use of the
constructed structure by the taxpayer begins.
``(11) Property financed by subsidized energy financing.--
``(A) Reduction of expenditures.--
``(i) In general.--Except as provided in
subparagraph (C), for purposes of determining
the amount of expenditures made by any
individual with respect to any dwelling unit,
there shall not be taken into account
expenditures which are made from subsidized
energy financing.
``(ii) Subsidized energy financing.--For
purposes of clause (i), the term `subsidized
energy financing' has the same meaning given
such term in section 48(a)(4)(C).
``(B) Dollar limits reduced.--The dollar amounts in
the table contained in subsection (b)(3) with respect
to each property purchased for such dwelling unit for
any taxable year of such taxpayer shall be reduced
proportionately by an amount equal to the sum of--
``(i) the amount of the expenditures made
by the taxpayer during such taxable year with
respect to such dwelling unit and not taken
into account by reason of subparagraph (A), and
``(ii) the amount of any Federal, State, or
local grant received by the taxpayer during
such taxable year which is used to make
residential energy property expenditures with
respect to the dwelling unit and is not
included in the gross income of such taxpayer.
``(C) Exception for state programs.--Subparagraphs
(A) and (B) shall not apply to expenditures made with
respect to property for which the taxpayer has received
a loan, State tax credit, or grant under any State
energy program.
``(e) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to 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 allowed.
``(f) Regulations.--The Secretary shall promulgate such regulations
as necessary to take into account new technologies regarding energy
efficiency and renewable energy for purposes of determining energy
efficiency and savings under this section.
``(g) Termination.--This section shall not apply with respect to
any energy property placed in service after December 31, 2009 (December
31, 2005, in the case of Tier 1 energy-efficient building property
(other than an oil, natural gas, or propane furnace or hot water boiler
described in section 200(d)(3)(D))).''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of the Internal Revenue
Code of 1986, as amended by section 103, is amended by striking
``and'' at the end of paragraph (33), by striking the period at
the end of paragraph (34) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(35) to the extent provided in section 25C(e), in the
case of amounts with respect to which a credit has been allowed
under section 25C.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``25C. Nonbusiness energy property.''.
(c) Effective Dates.--The amendments made by this section shall
apply to expenditures made after December 31, 2004.
SEC. 105. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY.
(a) In General.--Section 48(a)(3)(A) of the Internal Revenue Code
of 1986 (defining energy property), as amended by section 103, is
amended to read as follows:
``(A) which is--
``(i) equipment used to produce,
distribute, or use energy derived from a
geothermal deposit (within the meaning of
section 613(e)(2)), but only, in the case of
electricity generated by geothermal power, up
to (but not including) the electrical
transmission stage, or
``(ii) combined heat and power system
property,''.
(b) Combined Heat and Power System Property.--Section 48 of the
Internal Revenue Code of 1986 (relating to energy credit; reforestation
credit) is amended by adding at the end the following new subsection:
``(c) Combined Heat and Power System Property.--For purposes of
subsection (a)(3)(A)(ii)--
``(1) Combined heat and power system property.--The term
`combined heat and power system property' means property
comprising a system--
``(A) which uses the same energy source for the
simultaneous or sequential generation 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 cooling
applications),
``(B) which has an electrical capacity of not more
than 15 megawatts or a mechanical energy capacity of
not more than 2,000 horsepower or an equivalent
combination of electrical and mechanical energy
capacities,
``(C) which produces--
``(i) at least 20 percent of its total
useful energy in the form of thermal energy
which is not used to produce electrical or
mechanical power (or combination thereof), and
``(ii) at least 20 percent of its total
useful energy in the form of electrical or
mechanical power (or combination thereof),
``(D) the energy efficiency percentage of which
exceeds 60 percent, and
``(E) which is placed in service before January 1,
2008.
``(2) Special rules.--
``(A) Energy efficiency percentage.--For purposes
of this subsection, the energy efficiency percentage of
a system is the fraction--
``(i) the numerator of which is the total
useful electrical, thermal, and mechanical
power produced by the system at normal
operating rates, and expected to be consumed in
its normal application, and
``(ii) the denominator of which is the
lower heating value of the fuel sources for the
system.
``(B) Determinations made on btu basis.--The energy
efficiency percentage and the percentages under
paragraph (1)(C) shall be determined on a Btu basis.
``(C) Input and output property not included.--The
term `combined heat and power system property' does not
include property used to transport the energy source to
the facility or to distribute energy produced by the
facility.
``(D) Public utility property.--
``(i) Accounting rule for public utility
property.--If the combined heat and power
system property is public utility property (as
defined in section 168(i)(10)), the taxpayer
may only claim the credit under subsection (a)
if, with respect to such property, the taxpayer
uses a normalization method of accounting.
``(ii) Certain exception not to apply.--The
matter in subsection (a)(3) which follows
subparagraph (D) thereof shall not apply to
combined heat and power system property.
``(3) Systems using bagasse.--If a system is designed to
use bagasse for at least 90 percent of the energy source--
``(A) paragraph (1)(D) shall not apply, but
``(B) the amount of credit determined under
subsection (a) with respect to such system shall not
exceed the amount which bears the same ratio to such
amount of credit (determined without regard to this
paragraph) as the energy efficiency percentage of such
system bears to 60 percent.''.
(c) Effective Date.--The amendments made by this subsection shall
apply to periods after December 31, 2004, in taxable years ending after
such date, 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).
TITLE II--ENERGY EFFICIENT PRODUCTS
SEC. 201. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL PRODUCTS.
(a) Definitions.--Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended--
(1) 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 fluorescent
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
general purpose applications, such as
the applications described in
subparagraph (D); or
``(II) any lamp not described in
subparagraph (D) that is excluded by the
Secretary, by rule, because the lamp is--
``(aa) designed for special
applications; and
``(bb) unlikely to be used in
general purpose applications.''; and
(2) by adding at the end the following:
``(32) The term `battery charger' means a device that
charges batteries for consumer products, including battery
chargers embedded in other consumer products.
``(33) The term `ceiling fan' means a nonportable device
that is suspended from a ceiling for circulating air via the
rotation of fan blades.
``(34) The term `ceiling fan light kit' means equipment
designed to provide light from a ceiling fan that can be--
``(A) integral, such that the equipment is attached
to the ceiling fan prior to the time of retail sale; or
``(B) attachable, such that at the time of retail
sale the equipment is not physically attached to the
ceiling fan, but may be included inside the ceiling fan
package at the time of sale or sold separately for
subsequent attachment to the fan.
``(35) The term `commercial refrigerators, freezers, and
refrigerator-freezers' means refrigerators, freezers, or
refrigerator-freezers that--
``(A) are not consumer products regulated under
this Act; and
``(B) incorporate most components involved in the
vapor-compression cycle and the refrigerated
compartment in a single package.
``(36) The term `dehumidifier' means a self-contained,
electrically operated, and mechanically encased 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.
``(37)(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 voltage taps,
with the highest voltage tap equaling at least 20
percent more than the lowest voltage tap;
``(ii) a transformer that is designed to be used in
a special purpose application and is unlikely to be
used in general purpose applications, such as a drive
transformer, rectifier transformer, auto-transformer,
Uninterruptible Power System transformer, impedance
transformer, harmonic transformer, regulating
transformer, sealed and nonventilating transformer,
machine tool transformer, welding transformer,
grounding transformer, or testing transformer; or
``(iii) any transformer not listed in clause (ii)
that is excluded by the Secretary by rule because--
``(I) the transformer is designed for a
special application;
``(II) the transformer is unlikely to be
used in general purpose applications; and
``(III) the application of standards to the
transformer would not result in significant
energy savings.
``(38) The term `external power supply' means an external
power supply circuit that is used to convert household electric
current into DC current or lower-voltage AC current to operate
a consumer product.
``(39) 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 integral
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.
``(40) The term `low-voltage dry-type distribution
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.
``(41) The term `standby mode' means the lowest power
consumption mode, as established on an individual product basis
by the Secretary, that--
``(A) cannot be switched off or influenced by the
user; and
``(B) may persist for an indefinite time when an
appliance is--
``(i) connected to the main electricity
supply; and
``(ii) used in accordance with the
instructions of the manufacturer.
``(42) The term `torchiere' means a portable electric lamp
with a reflector bowl that directs light upward to give
indirect illumination.
``(43) The term `traffic signal module' means a standard 8-
inch (200mm) or 12-inch (300mm) traffic signal indication
that--
``(A) consists of a light source, a lens, and all
other parts necessary for operation; and
``(B) communicates movement messages to drivers
through red, amber, and green colors.
``(44) The term `transformer' means a device consisting of
2 or more coils of insulated wire that transfers alternating
current by electromagnetic induction from 1 coil to another to
change the original voltage or current value.
``(45)(A) The term `unit heater' means a self-contained
fan-type heater designed to be installed within the heated
space.
``(B) The term `unit heater' does not include a warm air
furnace.
``(46)(A) The term `commercial prerinse spray valve' means
a handheld device designed and marketed for use with commercial
dishwashing and ware washing equipment that sprays water on
dishes, flatware, 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 dishwashing and
ware washing equipment;
``(II) the application of standards to
which would result in significant energy
savings; and
``(III) the application of standards to
which would meet the criteria specified in
subsection (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 commercial dishwashing and
ware washing equipment; and
``(III) the application of standards to
which would not result in significant energy
savings.''.
(b) Test Procedures.--Section 323 of the Energy Policy and
Conservation Act (42 U.S.C. 6293) is amended--
(1) in subsection (b), by adding at the end the following:
``(9) Test procedures for illuminated exit signs shall be based on
the test method used under version 2.0 of the Energy Star program of
the Environmental Protection Agency for illuminated exit signs.
``(10)(A) Test procedures for distribution transformers and low-
voltage dry-type distribution transformers shall be based on the
`Standard Test Method for Measuring the Energy Consumption of
Distribution Transformers' prescribed by the National Electrical
Manufacturers Association (NEMA TP 2-1998).
``(B) The Secretary may review and revise the test procedures
established under subparagraph (A).
``(C) For purposes of section 346(a), the test procedures
established under subparagraph (A) shall be considered to be the
testing requirements prescribed by the Secretary under section
346(a)(1) for distribution transformers for which the Secretary makes a
determination that energy conservation standards would--
``(i) be technologically feasible and economically
justified; and
``(ii) result in significant energy savings.
``(11) Test procedures for traffic signal modules shall be based on
the test method used under the Energy Star program of the Environmental
Protection Agency for traffic signal modules, as in effect on the date
of enactment of this paragraph.
``(12)(A) Test procedures for medium-base compact fluorescent lamps
shall be based on the test methods for compact fluorescent lamps used
under the August 9, 2001, version of the Energy Star program of the
Environmental Protection Agency and the Department of Energy.
``(B) Except as provided in subparagraph (C), medium-base compact
fluorescent lamps shall meet all test requirements for regulated
parameters of section 325(bb).
``(C) Notwithstanding subparagraph (B), if manufacturers document
engineering predictions and analysis that support expected attainment
of lumen maintenance at 40 percent rated life and lamp life time,
medium-base compact fluorescent lamps may be marketed before completion
of lamp life and lumen maintenance at 40 percent of rated life testing.
``(13) Air movement test procedures for ceiling fans shall be based
on the test procedure contained in the Energy Star Program Requirements
for Residential Ceiling Fans, version 2.0, developed by the
Environmental Protection Agency, unless, pursuant to this section, the
Secretary promulgates an alternative test procedure.
``(14) Test procedures for dehumidifiers shall be based on the test
criteria used under the Energy Star Program Requirements for
Dehumidifiers developed by the Environmental Protection Agency, as in
effect on the date of enactment of this paragraph unless revised by the
Secretary pursuant to this section.
``(15) The test procedure for measuring flow rate for commercial
prerinse spray valves shall be based on American Society for Testing
and Materials Standard F2324, entitled `Standard Test Method for
Prerinse Spray Valves.'''; and
(2) by adding at the end the following:
``(f) Additional Consumer and Commercial Products.--(1) Not later
than 2 years after the date of enactment of this subsection, the
Secretary shall prescribe testing requirements for--
``(A) refrigerated bottled or canned beverage vending
machines; and
``(B) commercial refrigerators, freezers, and refrigerator-
freezers.
``(2) To the maximum extent practicable, the testing requirements
prescribed under paragraph (1) shall be based on existing test
procedures used in industry.''.
(c) New Standards.--Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended by adding at the end the
following:
``(u) Battery Charger and External Power Supply Electric Energy
Consumption.--(1)(A) Not later than 18 months after the date of
enactment of this subsection, the Secretary shall, after providing
notice and an opportunity for comment, prescribe, by rule, definitions
and test procedures for the power use of battery chargers and external
power supplies.
``(B) In establishing the test procedures under subparagraph (A),
the Secretary shall--
``(i) consider existing definitions and test procedures
used for measuring energy consumption in standby mode and other
modes; and
``(ii) assess the current and projected future market for
battery chargers and external power supplies.
``(C) The assessment under subparagraph (B)(ii) shall include--
``(i) estimates of the significance of potential energy
savings from technical improvements to battery chargers and
external power supplies; and
``(ii) suggested product classes for standards.
``(D) Not later than 18 months after the date of enactment of this
subsection, the Secretary shall hold a scoping workshop to discuss and
receive comments on plans for developing energy conservation standards
for energy use for battery chargers and external power supplies.
``(E)(i) Not later than 3 years after the date of enactment of this
subsection, the Secretary shall issue a final rule that determines
whether energy conservation standards shall be issued for battery
chargers and external power supplies or classes of battery chargers and
external power supplies.
``(ii) For each product class, any standards issued under clause
(i) shall be set at the lowest level of energy use that--
``(I) meets the criteria and procedures of subsections (o),
(p), (q), (r), (s), and (t); and
``(II) would result in significant overall annual energy
savings, considering standby mode and other operating modes.
``(2) In determining under section 323 whether test procedures and
energy conservation standards under this section should be revised with
respect to covered products that are major sources of standby mode
energy consumption, the Secretary shall consider whether to incorporate
standby mode into the test procedures and energy conservation
standards, taking into account standby mode power consumption compared
to overall product energy consumption.
``(3) The Secretary shall not propose a standard under this section
unless the Secretary has issued applicable test procedures for each
product under section 323.
``(4) Any standard issued under this subsection shall be applicable
to products manufactured or imported beginning on the date that is 3
years after the date of issuance.
``(5) The Secretary and the Administrator shall collaborate and
develop programs (including Energy Star Programs and other voluntary
industry agreements or codes of conduct) that are designed to reduce
standby mode energy use.
``(v) Vending Machines and Commercial Refrigerators, Freezers, and
Refrigerator-Freezers.--(1) Not later than 3 years after the date on
which testing requirements are prescribed by the Secretary under
section 323(f), the Secretary shall prescribe, by rule, energy
conservation standards for--
``(A) refrigerated bottled or canned beverage vending
machines; and
``(B) commercial refrigerators, freezers, and refrigerator-
freezers.
``(2) In establishing standards under this subsection, the
Secretary shall use the criteria and procedures prescribed under
subsections (o) and (p).
``(3) Any standard prescribed under this subsection shall apply to
products manufactured 3 years after the date of publication of a final
rule establishing the standard.
``(w) Illuminated EXIT Signs.--An illuminated exit sign
manufactured on or after January 1, 2006, shall meet the version 2.0
Energy Star Program performance requirements for illuminated exit signs
prescribed by the Environmental Protection Agency.
``(x) Torchieres.--A torchiere manufactured on or after January 1,
2006--
``(1) shall consume not more than 190 watts of power; and
``(2) shall not be capable of operating with lamps that
total more than 190 watts.
``(y) Low Voltage Dry-Type Distribution Transformers.--The
efficiency of a low voltage dry-type distribution transformer
manufactured on or after January 1, 2006, shall be the Class I
Efficiency Levels for distribution transformers specified in table 4-2
of the `Guide for Determining Energy Efficiency for Distribution
Transformers' published by the National Electrical Manufacturers
Association (NEMA TP-1-2002).
``(z) Traffic Signal Modules.--A traffic signal module manufactured
on or after January 1, 2007, shall--
``(1) meet the performance requirements used under the
Energy Star program of the Environmental Protection Agency for
traffic signals, as in effect on the date of enactment of this
subsection; and
``(2) be installed with compatible, electrically connected
signal control interface devices and conflict monitoring
systems.
``(aa) Unit Heaters.--A unit heater manufactured on or after the
date that is 3 years after the date of enactment of this subsection
shall--
``(1) be equipped with an intermittent ignition device; and
``(2) have power venting or an automatic flue damper.
``(bb) Medium-Base Compact Fluorescent Lamps.--(1) A bare lamp and
covered lamp (no reflector) medium-base compact fluorescent lamp
manufactured on or after January 1, 2006, shall meet the following
requirements prescribed by the August 9, 2001, version of the Energy
Star Program Requirements for Compact Fluorescent Lamps, Energy Star
Eligibility Criteria, Energy-Efficiency Specification issued by the
Environmental Protection Agency and Department of Energy:
``(A) Minimum initial efficacy.
``(B) Lumen maintenance at 1,000 hours.
``(C) Lumen maintenance at 40 percent of rated life.
``(D) Rapid cycle stress test.
``(E) Lamp life.
``(2) The Secretary may, by rule, establish requirements for color
quality (CRI), power factor, operating frequency, and maximum allowable
start time based on the requirements prescribed by the August 9, 2001,
version of the Energy Star Program Requirements for Compact Fluorescent
Lamps.
``(3) The Secretary may, by rule--
``(A) revise the requirements established under paragraph
(2); or
``(B) establish other requirements, after considering
energy savings, cost effectiveness, and consumer satisfaction.
``(cc) Ceiling Fans and Ceiling Fan Light Kits.--(1)(A) All ceiling
fans manufactured on or after January 1, 2008, shall have the following
features:
``(i) Lighting controls separate from fan speed controls.
``(ii) Adjustable speed controls (either more than 1 speed
or variable speed).
``(iii) The capability of reversible fan action, except for
fans sold for industrial applications, outdoor applications,
and where safety standards would be violated by the use of the
reversible mode.
``(B) The Secretary may promulgate regulations to define in greater
detail the exceptions provided under subparagraph (A)(iii) but may not
substantively expand the exceptions.
``(2) Ceiling fan light kits manufactured on or after January 1,
2008, shall--
``(A) meet the Energy Star Program Requirements for
Residential Light Fixtures, version 3.1, issued by the
Environmental Protection Agency, and be packaged with lamps to
fill all sockets;
``(B) be packaged with screw-based compact fluorescent
lamps to fill all sockets and meet the Energy Star Program
Requirements for Compact Fluorescent Lamps, version 3.0, issued
by the Department of Energy; or
``(C) use and be packaged with light sources other than
compact fluorescent lamps that meet the minimum efficacy
requirements, as measured in lumens per watt, of the Energy
Star Program Requirements for Compact Fluorescent Lamps,
version 3.0, issued by the Department of Energy.
``(3)(A) Notwithstanding any provision of this Act, if the
requirements of subsections (o) and (p) are met, the Secretary may
consider and prescribe energy efficiency or energy use standards for
electricity used by ceiling fans to circulate air in a room.
``(B) If the Secretary sets the standards, the Secretary shall
consider--
``(i) exempting or setting different standards for certain
product classes for which the primary standards are not
technically feasible or economically justified; and
``(ii) establishing separate exempted product classes for
highly decorative fans for which air movement performance is a
secondary design feature.
``(C) Any air movement standard prescribed under this subsection
shall apply to products manufactured on or after the date that is 3
years after the date of publication of a final rule establishing the
standard.
``(dd) Dehumidifiers.--(1) Dehumidifiers manufactured on or after
October 1, 2008, shall have an Energy Factor that meets or exceeds the
following values:
``Product Capacity (pints/day): Minimum Energy Factor (Liters/kWh)
25........................................... 1.00
> 25 - 35..................................... 1.20
> 35 - 54..................................... 1.30
> 54 - < 75................................... 1.50
75........................................... 2.25.
``(2)(A) Not later than October 1, 2010, the Secretary shall
publish a final rule in accordance with subsections (o) and (p), to
determine whether the standards established under paragraph (1) should
be amended.
``(B) The final rule shall contain any amendment by the Secretary
and shall provide that the amendment shall apply to products
manufactured on or after October 1, 2012.
``(C) If the Secretary does not publish an amendment that takes
effect by October 1, 2012, dehumidifiers manufactured on or after
October 1, 2012, shall have an Energy Factor that meets or exceeds the
following values:
``Product Capacity (pints/day): Minimum Energy Factor (Liters/kWh)
25........................................... 1.20
> 25 - 35..................................... 1.30
> 35 - 45..................................... 1.40
> 45 - 54..................................... 1.50
> 54 - < 75................................... 1.60
75........................................... 2.5.
``(ee) Commercial Prerinse Spray Valves.--Commercial prerinse spray
valves manufactured on or after January 1, 2006, shall have a flow rate
less than or equal to 1.6 gallons per minute.
``(ff) Effective Date.--Section 327 shall apply to--
``(1) a product for which standards are to be established
under subsections (u) and (v) on the date on which a final rule
is issued by the Department of Energy, except that any State or
local standards prescribed or enacted for the product before
the date on which the final rule is issued shall not be
preempted until the standard established under subsection (u)
or (v) for the product takes effect; and
``(2) a product for which standards are established under
subsections (w) through (ee) on the date of enactment of those
subsections, except that any State or local standards
prescribed or enacted before the date of enactment of those
subsections shall not be preempted until the standards
established under subsections (w) through (ee) take effect.''.
(d) Residential Furnace Fans.--Section 325(f)(3) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(f)(3)) is amended by adding
at the end the following:
``(D) Notwithstanding any other provision of this Act, if the
requirements of subsection (o) are met, the Secretary may consider and
prescribe energy efficiency or energy use standards for electricity
used for purposes of circulating air through duct work.''.
(e) General Rule of Preemption.--Section 327(c) of the Energy
Policy and Conservation Act (42 U.S.C. 6297(c)) is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(7) is a regulation concerning standards for commercial
prerinse spray valves adopted by the California Energy
Commission before January 1, 2005, or is an amendment to such a
regulation developed to align California regulations with
changes in American Society for Testing and Materials
Regulation F2324.''.
SEC. 202. ENERGY LABELING.
(a) Rulemaking on Effectiveness of Consumer Product Labeling.--
Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C.
6294(a)(2)) is amended by adding at the end the following:
``(F)(i) Not later than 90 days after the date of enactment of this
subparagraph, the Commission shall initiate a rulemaking to consider--
``(I) the effectiveness of the consumer products labeling
program in--
``(aa) assisting consumers in making purchasing
decisions; and
``(bb) improving energy efficiency; and
``(II) changes to the labeling rules that would improve the
effectiveness of consumer product labels.
``(ii) Not later than 2 years after the date of enactment of this
subparagraph, the Commission shall complete the rulemaking initiated
under clause (i).''.
(b) Rulemaking on Labeling for Additional Products.--Section 324(a)
of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)) is
amended by adding at the end the following:
``(5)(A) After a test procedure has been prescribed under section
323, the Secretary or the Commission, as appropriate, may, for covered
products referred to in subsections (u) through (ee) of section 325,
prescribe, by rule, under this section, labeling requirements for the
products.
``(B) In the case of products to which TP-1 standards under section
325(y) apply, labeling requirements shall be based on the `Standard for
the Labeling of Distribution Transformer Efficiency' prescribed by the
National Electrical Manufacturers Association (NEMA TP-3) as in effect
on the date of enactment of this paragraph.
``(C) In the case of dehumidifiers covered under section 325(dd),
the Commission shall not require an Energy Guide label.
``(6)(A) Not later than July 1, 2006, the Commission shall
prescribe by rule, pursuant to this section, labeling requirements for
the electricity used by ceiling fans to circulate air in a room.
``(B) The requirements shall be based on the test procedure and
labeling requirements contained in the Energy Star Program Requirements
for Residential Ceiling Fans, version 2.0, issued by the Environmental
Protection Agency, except that third party testing and other non-
labeling requirements shall not be promulgated unless the Commission
determines the requirements are necessary to achieve compliance.
``(C) The rule shall apply to products manufactured after the later
of--
``(i) January 1, 2008; or
``(ii) the date that is 60 days after the final rule is
prescribed.''.
SEC. 203. COMMERCIAL PACKAGE AIR CONDITIONING AND HEATING EQUIPMENT.
(a) Definitions.--Section 340 of the Energy Policy and Conservation
Act (42 U.S.C. 6311) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (D) through (G)
as subparagraphs (E) through (H), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) Very large commercial package air
conditioning and heating equipment.'';
(2) in paragraph (2)(B), by striking ``small and large'';
and
(3) by striking paragraphs (8) and (9) and inserting the
following:
``(8)(A) The term `commercial package air conditioning and
heating equipment' means air-cooled, water-cooled,
evaporatively-cooled, or water source (not including ground
water source) electrically operated, unitary central air
conditioners and central air conditioning heat pumps for
commercial application.
``(B) The term `small commercial package air conditioning
and heating equipment' means commercial package air
conditioning and heating equipment that is rated below 135,000
Btu per hour (cooling capacity).
``(C) The term `large commercial package air conditioning
and heating equipment' means commercial package air
conditioning and heating equipment that is rated at or above
135,000 Btu per hour and below 240,000 Btu per hour (cooling
capacity).
``(D) The term `very large commercial package air
conditioning and heating equipment' means commercial package
air conditioning and heating equipment that is rated at or
above 240,000 Btu per hour and below 760,000 Btu per hour
(cooling capacity).''.
(b) Standards.--Section 342(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended--
(1) in the subsection heading, by striking ``Small and
Large'' and inserting ``Small, Large, and Very Large'';
(2) in paragraph (1), by inserting ``but before January 1,
2010,'' after ``January 1, 1994,'';
(3) in paragraph (2), by inserting ``but before January 1,
2010,'' after ``January 1, 1995,''; and
(4) in paragraph (6)--
(A) in subparagraph (A)--
(i) by inserting ``(i)'' after ``(A)'';
(ii) by striking ``the date of enactment of
the Energy Policy Act of 1992'' and inserting
``January 1, 2010'';
(iii) by inserting after ``large commercial
package air conditioning and heating
equipment'' the following: ``and very large
commercial package air conditioning and heating
equipment, or if ASHRAE/IES Standard 90.1, as
in effect on October 24, 1992, is amended with
respect to any''; and
(iv) by adding at the end the following:
``(ii) If ASHRAE/IES Standard 90.1 is not amended with respect to
small commercial package air conditioning and heating equipment, large
commercial package air conditioning and heating equipment, and very
large commercial package air conditioning and heating equipment during
the 5-year period beginning on the effective date of a standard, the
Secretary may initiate a rulemaking to determine whether a more
stringent standard would result in significant additional conservation
of energy and is technologically feasible and economically
justified.''; and
(B) in subparagraph (C)(ii), by inserting ``and
very large commercial package air conditioning and
heating equipment'' after ``large commercial package
air conditioning and heating equipment''; and
(5) by adding at the end the following:
``(7) Each small commercial package air conditioning and heating
equipment manufactured on or after January 1, 2010, shall meet the
following standards:
``(A) The minimum energy efficiency ratio of air-cooled
central air conditioners at or above 65,000 Btu per hour
(cooling capacity) and less than 135,000 Btu per hour (cooling
capacity) shall be--
``(i) 11.2 for equipment with no heating or
electric resistance heating; and
``(ii) 11.0 for equipment with all other heating
system types that are integrated into the equipment (at
a standard rating of 95 degrees F db).
``(B) The minimum energy efficiency ratio of air-cooled
central air conditioner heat pumps at or above 65,000 Btu per
hour (cooling capacity) and less than 135,000 Btu per hour
(cooling capacity) shall be--
``(i) 11.0 for equipment with no heating or
electric resistance heating; and
``(ii) 10.8 for equipment with all other heating
system types that are integrated into the equipment (at
a standard rating of 95 degrees F db).
``(C) The minimum coefficient of performance in the heating
mode of air-cooled central air conditioning heat pumps at or
above 65,000 Btu per hour (cooling capacity) and less than
135,000 Btu per hour (cooling capacity) shall be 3.3 (at a high
temperature rating of 47 degrees F db).
``(8) Each large commercial package air conditioning and heating
equipment manufactured on or after January 1, 2010, shall meet the
following standards:
``(A) The minimum energy efficiency ratio of air-cooled
central air conditioners at or above 135,000 Btu per hour
(cooling capacity) and less than 240,000 Btu per hour (cooling
capacity) shall be--
``(i) 11.0 for equipment with no heating or
electric resistance heating; and
``(ii) 10.8 for equipment with all other heating
system types that are integrated into the equipment (at
a standard rating of 95 degrees F db).
``(B) The minimum energy efficiency ratio of air-cooled
central air conditioner heat pumps at or above 135,000 Btu per
hour (cooling capacity) and less than 240,000 Btu per hour
(cooling capacity) shall be--
``(i) 10.6 for equipment with no heating or
electric resistance heating; and
``(ii) 10.4 for equipment with all other heating
system types that are integrated into the equipment (at
a standard rating of 95 degrees F db).
``(C) The minimum coefficient of performance in the heating
mode of air-cooled central air conditioning heat pumps at or
above 135,000 Btu per hour (cooling capacity) and less than
240,000 Btu per hour (cooling capacity) shall be 3.2 (at a high
temperature rating of 47 degrees F db).
``(9) Each very large commercial package air conditioning and
heating equipment manufactured on or after January 1, 2010, shall meet
the following standards:
``(A) The minimum energy efficiency ratio of air-cooled
central air conditioners at or above 240,000 Btu per hour
(cooling capacity) and less than 760,000 Btu per hour (cooling
capacity) shall be--
``(i) 10.0 for equipment with no heating or
electric resistance heating; and
``(ii) 9.8 for equipment with all other heating
system types that are integrated into the equipment (at
a standard rating of 95 degrees F db).
``(B) The minimum energy efficiency ratio of air-cooled
central air conditioner heat pumps at or above 240,000 Btu per
hour (cooling capacity) and less than 760,000 Btu per hour
(cooling capacity) shall be--
``(i) 9.5 for equipment with no heating or electric
resistance heating; and
``(ii) 9.3 for equipment with all other heating
system types that are integrated into the equipment (at
a standard rating of 95 degrees F db).
``(C) The minimum coefficient of performance in the heating
mode of air-cooled central air conditioning heat pumps at or
above 240,000 Btu per hour (cooling capacity) and less than
760,000 Btu per hour (cooling capacity) shall be 3.2 (at a high
temperature rating of 47 degrees F db).''.
(c) Test Procedures.--Section 343 of the Energy Policy and
Conservation Act (42 U.S.C. 6314) is amended in subsections (a)(4) and
(d)(1), by inserting ``very large commercial package air conditioning
and heating equipment,'' after ``large commercial package air
conditioning and heating equipment,'' each place it appears.
(d) Labeling.--Section 344(e) of the Energy Policy and Conservation
Act (42 U.S.C. 6315(e)) is amended in the first and second sentences,
by inserting ``very large commercial package air conditioning and
heating equipment,'' after ``large commercial package air conditioning
and heating equipment,'' each place it appears.
(e) Administration, Penalties, Enforcement, and Preemption.--
Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316)
is amended by adding at the end the following:
``(d)(1) Except as provided in paragraphs (2) and (3), section 327
shall apply with respect to the equipment specified in section
340(1)(D) to the same extent and in the same manner as section 327
applies under part B on the date of enactment of this subsection.
``(2) Any State or local standard prescribed or enacted prior to
the date of enactment of this subsection shall not be preempted until
the standards established under section 342(a)(9) take effect on
January 1, 2010.
``(3) If the California Energy Commission adopts, not later than
March 31, 2006, a regulation concerning the energy efficiency or energy
use of the equipment specified in section 340(1)(D), the regulation
shall be effective until, and shall no longer be effective after, the
standards established under section 342(a)(9) take effect on January 1,
2010.''.
SEC. 204. COMMERCIAL REFRIGERATORS, FREEZERS, AND REFRIGERATOR-
FREEZERS.
(a) Definitions.--Section 340 of the Energy Policy and Conservation
Act (42 U.S.C. 6311), as amended by section 203, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (H) as
subparagraph (I); and
(B) by inserting after subparagraph (G) the
following:
``(H) commercial refrigerators, freezers, and refrigerator-
freezers.''; and
(2) by adding at the end the following:
``(19)(A) The term `commercial refrigerator, freezer, and
refrigerator-freezer' means refrigeration equipment that--
``(i) is not a consumer product (as defined in
section 321);
``(ii) operates at a chilled, frozen, combination
chilled and frozen, or variable temperature;
``(iii) displays or stores merchandise and other
perishable materials horizontally, semivertically, or
vertically;
``(iv) has transparent or solid doors, sliding or
hinged doors, a combination of hinged, sliding,
transparent, or solid doors, or no doors;
``(v) is designed for pull-down temperature
applications or holding temperature applications; and
``(vi) is connected to a self-contained condensing
unit or to a remote condensing unit.
``(B) The term `holding temperature application' means a
use of commercial refrigeration equipment other than a pull-
down temperature application, except a blast chiller or
freezer.
``(C) The term `integrated average temperature' means the
average temperature of all test package measurements taken
during the test.
``(D) The term `pull-down temperature application' means a
commercial refrigerator with doors that, when fully loaded with
12 ounce beverage cans at 90 degrees F, can cool those
beverages to an average stable temperature of 38 degrees F in
12 hours or less.
``(E) The term `remote condensing unit' means a factory-
made assembly of refrigerating components designed to compress
and liquefy a specific refrigerant that is remotely located
from the refrigerated equipment and consists of 1 or more
refrigerant compressors, refrigerant condensers, condenser fans
and motors, and factory supplied accessories.
``(F) The term `self-contained condensing unit' means a
factory-made assembly of refrigerating components designed to
compress and liquefy a specific refrigerant that is an integral
part of the refrigerated equipment and consists of 1 or more
refrigerant compressors, refrigerant condensers, condenser fans
and motors, and factory supplied accessories.''.
(b) Standards.--Section 342 of the Energy Policy and Conservation
Act (42 U.S.C. 6313) is amended by adding at the end the following:
``(c) Commercial Refrigerators, Freezers, and Refrigerator-
Freezers.--(1) In this subsection:
``(A) The term `AV' means the adjusted volume
(ft<SUP>3</SUP>) (defined as 1.63 x frozen temperature
compartment volume (ft<SUP>3</SUP>) + chilled temperature
compartment volume (ft<SUP>3</SUP>)) with compartment volumes
measured in accordance with the Association of Home Appliance
Manufacturers Standard HRF1-1979.
``(B) The term `V' means the chilled or frozen compartment
volume (ft<SUP>3</SUP>) (as defined in the Association of Home
Appliance Manufacturers Standard HRF1-1979).
``(C) Other terms have the meanings established by the
Secretary, based on industry-accepted definitions and practice.
``(2) Each commercial refrigerator, freezer, and refrigerator-
freezer with a self-contained condensing unit designed for holding
temperature applications manufactured on or after January 1, 2010,
shall meet the following standard levels in kilowatt hours per day:
``Refrigerators with solid doors 0.10 V + 2.04
Refrigerators with transparent 0.12 V + 3.34
doors.
Freezers with solid doors....... 0.40 V + 1.38
Freezers with transparent doors. 0.75 V + 4.10
Refrigerators/freezers with 0.27 AV - 0.71 or 0.70.
solid doors the greater of.
``(3) Each commercial refrigerator with a self-contained condensing
unit designed for pull-down temperature applications manufactured on or
after January 1, 2010, shall meet the following standard levels in
kilowatt hours per day: Refrigerators with transparent doors 0.126 V +
3.51.
``(4)(A) Not later than January 1, 2009, the Secretary of Energy
shall prescribe, by rule, standard levels for ice-cream freezers, self-
contained commercial refrigerators, freezers, and refrigerator-freezers
without doors, and remote condensing commercial refrigerators,
freezers, and refrigerator-freezers, with the standard levels effective
for equipment manufactured on or after January 1, 2012.
``(B) Not later than January 1, 2009, the Secretary shall
prescribe, by rule, standard levels for other types of commercial
refrigerators, freezers, and refrigerator-freezers not covered by
paragraphs (1), (2), and (3) and subparagraph (A) with the standard
levels effective for equipment manufactured on or after January 1,
2012.
``(5)(A)(i) Not later than January 1, 2013, the Secretary shall
publish a final rule to determine if the standards established under
paragraphs (1), (2), (3), and (4)(A) should be amended.
``(ii) The rule shall provide that any amended standards shall
apply to products manufactured on or after the date that is 3 years
after the final amended standard is published unless the Secretary
determines, by rule, that 3 years is inadequate, in which case the
Secretary may establish an application date for products manufactured
not later than 5 years after the final amended standard is published.
``(B)(i) Not later than 3 years after the amended final standard
referred to in subparagraph (A) takes effect or after the Secretary
publishes a final rule determining that the standard should not be
amended, the Secretary shall publish a final rule to determine if the
standards established under paragraphs (1), (2), (3), and (4)(A) should
be amended.
``(ii) The rule shall provide that any amended standards shall
apply to products manufactured on or after the date that is 3 years
after the final amended standard is published unless the Secretary
determines, by rule, that 3 years is inadequate, in which case the
Secretary may establish an application date for products manufactured
not later than 5 years after the final amended standard is
published.''.
(c) Test Procedures.--Section 343 of the Energy Policy and
Conservation Act (42 U.S.C. 6314) is amended--
(1) in subsection (a), by adding at the end the following:
``(6)(A)(i) In the case of commercial refrigerators, freezers, and
refrigerator-freezers, the test procedures shall be the test procedures
determined by the Secretary to be generally accepted industry testing
procedures or rating procedures developed or recognized by the ASHRAE
or by the American National Standards Institute.
``(ii) In the case of self-contained refrigerators, freezers, and
refrigerator-freezers to which standards are applicable under
subsection 342(c)(1), the initial test procedures shall be ASHRAE 117
that is in effect on January 1, 2005.
``(B) In the case of commercial refrigerators, freezers, and
refrigerators-freezers with doors covered by the standards adopted in
February 2002, by the California Energy Commission, the rating
temperatures shall be the integrated average temperature of 38 degrees
F (+/- 2 degrees F) for refrigerator compartments and 0 degrees F (+/-
2 degrees F) for freezer compartments.
``(C) The Secretary shall prescribe a rule, that meets the
requirements of paragraphs (2) and (3), to establish the appropriate
rating temperatures for the other products for which standards will be
established under subsection 342(c)(2).
``(D) In establishing the appropriate test temperatures under this
subparagraph, the Secretary shall follow the procedures and meet the
requirements specified in section 323(e).
``(E)(i) Not later than 180 days after the publication of the new
ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for
commercial refrigerators, freezers, and refrigerator-freezers is
amended, the Secretary shall, by rule, amend the test procedure for the
product as necessary to be consistent with the amended ASHRAE 117 test
procedure unless the Secretary makes a determination, by rule, and
supported by clear and convincing evidence, that to do so would not
meet the requirements for test procedures described in paragraphs (2)
and (3).
``(ii) If the Secretary needs more than 180 days to review and
adopt the amended test procedure or rating procedure, the Secretary
shall publish a notice in the Federal Register stating the intent of
the Secretary to take up to an additional 1 year before the amended
test procedure or rating procedure would become effective.
``(F)(i) If another test procedure besides ASHRAE 117 is approved
by the American National Standards Institute, the Secretary shall, by
rule--
``(I) review the relative strengths and weaknesses of the
new test procedure relative to ASHRAE 117; and
``(II) based on that review, adopt 1 of those test
procedures for subsequent use in the standards program.
``(ii) If a new test procedure is adopted--
``(I) section 323(e) shall apply; and
``(II) subparagraph (B) shall apply to the adopted test
procedure.''; and
(2) in subsection (d)(1), by striking ``and unfired hot
water storage tanks,'' and inserting: ``unfired hot water
storage tanks, and commercial refrigerators, freezers, and
refrigerator-freezers,''.
(d) Labeling.--Section 344(e) of the Energy Policy and Conservation
Act (42 U.S.C. 6315(e)), as amended by section 203(d), is amended by
striking ``and unfired hot water storage tanks'' each place it appears
and inserting ``unfired hot water storage tanks, and commercial
refrigerators, freezers, and refrigerator-freezers''.
(e) Administration, Penalties, Enforcement, and Preemption.--
Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316),
as amended by section 203(e), is amended by adding at the end the
following:
``(e)(1)(A) The provisions of subsections (a), (b), and (d) of
section 326, subsections (m) through (s) of section 325, and sections
328 through 336 shall apply with respect to equipment specified in
section 340(1)(G) to the same extent and in the same manner as those
provisions apply under part B.
``(B) In applying those provisions to that equipment, paragraphs
(1), (2), (3), and (4) of subsection (a) shall apply.
``(2)(A)(i) The provisions of section 327 shall apply with respect
to the equipment specified in section 340(1)(G) that have standards
established under section 342(c)(2) to the same extent and in the same
manner as those provisions apply under part B on the date of enactment
of this subsection, except that any State or local standard prescribed
or enacted before the date of enactment of this subsection shall not be
preempted until the standards established under section 342(c) take
effect.
``(ii) In applying those provisions to that equipment, paragraphs
(1), (2), and (3) of subsection (a) shall apply.
``(B) Notwithstanding subparagraph (A), if the California Energy
Commission adopts, not later than March 31, 2005, a regulation
concerning the energy efficiency or energy use of the equipment
specified in section 340(1)(G) that have standards established under
section 342(c)(2), those standards shall be effective until, and shall
no longer be effective after, the standards established under section
342(c)(2) take effect on January 1, 2010.
``(3)(A) The provisions of section 327 shall apply with respect to
the equipment specified in 340(1)(G) that have standards established
under section 342(c)(3) to the same extent and in the same manner as
they apply under part B on the date of publication of the final rule by
the Secretary, except that any State or local standard prescribed or
enacted before the date of publication of the final rule by the
Secretary shall not be preempted until the standards take effect.
``(B) In applying those provisions for the purpose of that
equipment, paragraphs (1), (2), and (3) of subsection (a) shall apply.
``(4) If the Secretary does not issue a final rule for a specific
type of equipment specified in section 340(1)(G) within the time frame
specified in section 342(c)(3), the provisions of subsections (b) and
(c) of section 327 shall no longer apply to that specific type of
equipment beginning on the date that is 2 years after the scheduled
date for a final rule and until the Secretary publishes a final rule
covering the specific type of equipment, at which time those provisions
shall apply to the specific type of equipment.
``(5)(A) In the case of any commercial refrigerator, freezer, and
refrigerator-freezer to which standards are applicable under section
342(c)(2), the Secretary shall require manufacturers to certify,
through an independent testing or certification program nationally
recognized in the United States, that the commercial refrigerator,
freezer, and refrigerator-freezer meets the applicable standard.
``(B) The Secretary shall, to the maximum extent practicable,
encourage the establishment of at least 2 such independent testing and
certification programs.
``(C) As part of certification, information on equipment energy use
and interior volume shall be made available to the Secretary.''.
TITLE III--ENERGY EFFICIENT FEDERAL PROGRAMS
SEC. 301. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
(a) Requirements.--Part 3 of title V of the National Energy
Conservation Policy Act is amended--
(1) by redesignating section 551 (42 U.S.C. 8259) as
section 552; and
(2) by inserting after section 550 (42 U.S.C. 8258b) the
following:
``SEC. 551. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
``(a) Definitions.--In this section:
``(1) The term `Energy Star product' means a product that
is rated for energy efficiency under an Energy Star program.
``(2) The term `Energy Star program' means the Energy Star
program of the Environmental Protection Agency.
``(3) The term `executive agency' has the meaning given the
term in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
``(4) The term `FEMP designated product' means a product
that is designated under the Federal Energy Management Program
of the Department of Energy as being among the highest 25
percent of equivalent products for energy efficiency.
``(b) Procurement of Energy Efficient Products.--(1) Except as
provided in paragraph (2), to meet the requirements of an executive
agency for an energy consuming product, the head of the executive
agency shall procure--
``(A) an Energy Star product; or
``(B) a FEMP designated product.
``(2) The head of an executive agency shall not be required to
comply with paragraph (1) if the head of the executive agency specifies
in writing that--
``(A) taking into account energy cost savings, an Energy
Star product or FEMP designated product is not cost-effective
over the life of the product; or
``(B) no Energy Star product or FEMP designated product is
reasonably available that meets the functional requirements of
the executive agency.
``(3) The head of an executive agency shall incorporate criteria
for energy efficiency that are consistent with the criteria used for
rating Energy Star products and FEMP designated products into--
``(A) the specifications for any procurements involving
energy consuming products and systems, including--
``(i) guide specifications;
``(ii) project specifications; and
``(iii) construction, renovation, and services
contracts that include the provision of energy
consuming products and systems; and
``(B) the factors for the evaluation of offers received for
the procurement.
``(c) Listing of Energy Efficient Products in Federal Catalogs.--
(1) Any inventory or listing of products by the General Services
Administration or the Defense Logistics Agency shall clearly identify
and prominently display Energy Star products and FEMP designated
products.
``(2)(A) Except as provided in subparagraph (B), the General
Services Administration or the Defense Logistics Agency shall supply
only Energy Star products or FEMP designated products for all product
categories covered by the Energy Star program or the Federal Energy
Management Program.
``(B) Subparagraph (A) shall not apply if an agency ordering a
product specifies in writing that--
``(i) taking into account energy cost savings, no Energy
Star product or FEMP designated product is cost-effective for
the intended application over the life of the product; or
``(ii) no Energy Star product or FEMP designated product is
available to meet the functional requirements of the ordering
agency.
``(d) Specific Products.--(1) In the case of an electric motor of 1
to 500 horsepower, an executive agency shall select only a premium
efficient motor that meets the standard established by the Secretary
under paragraph (2).
``(2) Not later than 120 days after the date of enactment of this
subsection and after considering the recommendations of associated
electric motor manufacturers and energy efficiency groups, the
Secretary shall establish a standard for premium efficient motors.
``(3)(A) Each Federal agency is encouraged to take actions (such as
appropriate cleaning and maintenance) to maximize the efficiency of air
conditioning and refrigeration equipment, including the use of a system
treatment or additive that--
``(i) would reduce the electricity consumed by air
conditioning and refrigeration equipment; and
``(ii) meets the criteria specified in subparagraph (B).
``(B) A system treatment or additive referred to in subparagraph
(A) shall be--
``(i) determined by the Secretary to be effective in
increasing the efficiency of air conditioning and refrigeration
equipment without having an adverse impact on--
``(I) air conditioning and refrigeration
performance (including cooling capacity); or
``(II) the useful life of the equipment;
``(ii) determined by the Administrator of the Environmental
Protection Agency to be environmentally safe; and
``(iii) shown, in tests conducted by the National Institute
of Standards and Technology, in accordance with Department of
Energy test procedures, to increase the seasonal energy
efficiency ratio (SEER) or energy efficiency ratio (EER)
without having any adverse impact on the system, system
components, the refrigerant or lubricant, or other materials in
the system.
``(4) The results of the tests described in paragraph (3)(B)(iii)
shall be published in the Federal Register for public review and
comment.
``(5) For purposes of this subsection, a hardware device or primary
refrigerant shall not be considered an additive.
``(e) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary shall issue guidelines to
carry out this section.''.
(b) Conforming Amendment.--The table of contents of the National
Energy Conservation Policy Act is amended--
(1) by redesignating the item relating to section 551 as
section 552; and
(2) by inserting after the item relating to section 550 the
following:
``551. Federal procurement of energy efficient products.''.
SEC. 302. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Permanent Extension.--Effective September 30, 2005, section 801
of the National Energy Conservation Policy Act (42 U.S.C. 8287) is
amended by striking subsection (c).
(b) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting ``,
water, or wastewater treatment'' after ``payment of energy''.
(c) Energy Savings.--Section 804 of the National Energy
Conservation Policy Act (42 U.S.C. 8287c) is amended by striking
paragraph (2) and inserting the following:
``(2) The term `energy savings' means a reduction in the
cost of energy, water, or wastewater treatment, from a base
cost established through a methodology set forth in the
contract, used in 1 or more existing federally owned buildings
or other federally owned facilities as a result of--
``(A) the lease or purchase of operating equipment,
improvements, altered operation and maintenance, or
technical services;
``(B) the increased efficient use of existing
energy sources by cogeneration or heat recovery,
excluding any cogeneration process for other than a
federally owned building or buildings or other
federally owned facilities; or
``(C) the increased efficient use of existing water
sources in interior or exterior applications.''.
(d) Energy Savings Contract.--Section 804 of the National Energy
Conservation Policy Act (42 U.S.C. 8287c) is amended by striking
paragraph (3) and inserting the following:
``(3)(A) The terms `energy savings contract' and `energy
savings performance contract' mean a contract that provides for
the performance of services for the design, acquisition,
installation, testing, and, as appropriate, operation,
maintenance, and repair, of an identified energy or water
conservation measure or series of measures at 1 or more
locations.
``(B) With respect to an agency facility that is a public
building (as defined in section 3301 of title 40, United States
Code), a contract described in subparagraph (A) shall be in
compliance with the prospectus requirements and procedures of
section 3307 of title 40, United States Code.''.
(e) Energy or Water Conservation Measure.--Section 804(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended
to read as follows:
``(4) The term `energy or water conservation measure'
means--
``(A) an energy conservation measure (as defined in
section 551); or
``(B) a water conservation measure at a non-Federal
hydroelectric facility that--
``(i) improves the efficiency of water use;
``(ii) is life-cycle cost-effective; and
``(iii) involves--
``(I) water conservation,
recycling, or reuse;
``(II) more efficient treatment of
wastewater or stormwater;
``(III) improvements in operation
or maintenance efficiencies;
``(IV) retrofit activities; or
``(V) other related activities.''.
(f) Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall complete a
review of the energy savings performance contract program
carried out under title VIII of the National Energy
Conservation Policy Act (42 U.S.C. 8287 et seq.) to identify--
(A) statutory, regulatory, and administrative
obstacles that prevent Federal agencies from fully
using the program; and
(B) any areas for increasing program flexibility
and effectiveness, including--
(i) audit and measurement verification
requirements;
(ii) accounting for energy use in
determining savings;
(iii) contracting requirements, including
the identification of additional qualified
contractors; and
(iv) energy efficiency services covered.
(2) Report.--The Secretary shall--
(A) submit to Congress a report that describes the
findings of the Secretary under paragraph (1); and
(B) to the extent that the changes are consistent
with statutory authority, implement the identified
administrative and regulatory changes to increase
program flexibility and effectiveness.
(g) Extension of Authority.--Any energy savings performance
contract entered into under section 801 of the National Energy
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2004, and
before the date of enactment of this Act, shall be deemed to have been
entered into under that section.
SEC. 303. FEDERAL BUILDING PERFORMANCE STANDARDS.
Section 305(a) of the Energy Conservation and Production Act (42
U.S.C. 6834(a)) is amended--
(1) in paragraph (2)(A), by striking ``CABO Model Energy
Code, 1992'' and inserting ``the 2003 International Energy
Conservation Code, as such Code (including supplements) is in
effect on the date of the enactment of the Efficient Energy
Through Certified Technologies and Electricity Reliability
(EFFECTER) Act of 2005''; and
(2) by adding at the end the following:
``(3)(A) Not later than 1 year after the date of enactment of this
paragraph, there shall be establish, by rule, revised Federal building
energy efficiency performance standards that require that--
``(i) if life-cycle cost-effective for new Federal
buildings--
``(I) the buildings be designed to achieve energy
consumption levels that are at least 30 percent below
the levels established in the version of the ASHRAE
Standard or the International Energy Conservation Code,
as appropriate, that is in effect as of the date of
enactment of this paragraph; and
``(II) sustainable design principles are applied to
the siting, design, and construction of all new and
replacement buildings; and
``(ii) if water is used to achieve energy efficiency, water
conservation technologies shall be applied to the extent that
the technologies are life-cycle cost-effective.
``(B) Not later than 1 year after the date of approval of each
subsequent revision of the ASHRAE Standard or the International Energy
Conservation Code, as appropriate, the Secretary shall determine, based
on the cost-effectiveness of the requirements under the amendment,
whether the revised standards established under this paragraph should
be updated to reflect the amendment.
``(C) In the budget request of the Federal agency for each fiscal
year and each report submitted by the Federal agency under section
548(a) of the National Energy Conservation Policy Act (42 U.S.C.
8258(a)), the head of each Federal agency shall include--
``(i) a list of all new Federal buildings owned, operated,
or controlled by the Federal agency; and
``(ii) a statement specifying whether the Federal buildings
meet or exceed the revised standards established under this
paragraph.''.
TITLE IV--PUBLIC HOUSING
SEC. 401. PUBLIC HOUSING CAPITAL FUND.
Section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (I), by striking ``and'' at the
end;
(B) in subparagraph (J), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(K) improvement of energy and water-use
efficiency by installing fixtures and fittings that
conform to the American Society of Mechanical
Engineers/American National Standards Institute
standards A112.19.2-1998 and A112.18.1-2000, or any
revision thereto, applicable at the time of
installation, and by increasing energy efficiency and
water conservation by such other means as the Secretary
determines are appropriate; and
``(L) integrated utility management and capital
planning to maximize energy conservation and efficiency
measures.''; and
(2) in subsection (e)(2)(C)--
(A) by striking ``The'' and inserting the
following:
``(i) In general.--The''; and
(B) by adding at the end the following:
``(ii) Third-party contracts.--Contracts
described in clause (i) may include contracts
for equipment conversions to less costly
utility sources, projects with resident-paid
utilities, and adjustments to frozen base year
consumption, including systems repaired to meet
applicable building and safety codes and
adjustments for occupancy rates increased by
rehabilitation.
``(iii) Term of contract.--The total term
of a contract described in clause (i) shall not
exceed 20 years to allow longer payback periods
for retrofits, including windows, heating
system replacements, wall insulation, site-
based generation, advanced energy savings
technologies, including renewable energy
generation, and other such retrofits.''.
SEC. 402. GRANTS FOR ENERGY-CONSERVING IMPROVEMENTS FOR ASSISTED
HOUSING.
Section 251(b)(1) of the National Energy Conservation Policy Act
(42 U.S.C. 8231(1)) is amended--
(1) by striking ``financed with loans'' and inserting
``assisted'';
(2) by inserting after ``1959,'' the following: ``which are
eligible multifamily housing projects (as such term is defined
in section 512 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note)) and are
subject to mortgage restructuring and rental assistance
sufficiency plans under such Act,''; and
(3) by inserting after the period at the end of the first
sentence the following new sentence: ``Such improvements may
also include the installation of energy and water conserving
fixtures and fittings that conform to the American Society of
Mechanical Engineers/American National Standards Institute
standards A112.19.2-1998 and A112.18.1-2000, or any revision
thereto, applicable at the time of installation.''.
SEC. 403. ENERGY-EFFICIENT APPLIANCES.
In purchasing appliances, a public housing agency shall purchase
energy-efficient appliances that are Energy Star products or FEMP-
designated products, as such terms are defined in section 553 of the
National Energy Conservation Policy Act (as amended by this subtitle),
unless the purchase of energy-efficient appliances is not cost-
effective to the agency.
SEC. 404. ENERGY EFFICIENCY STANDARDS.
Section 109 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12709) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``1 year after the date of
the enactment of the Energy Policy Act of
1992'' and inserting ``September 30, 2005'';
(ii) in subparagraph (A), by striking
``and'' at the end;
(iii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) rehabilitation and new construction of public
and assisted housing funded by HOPE VI revitalization
grants under section 24 of the United States Housing
Act of 1937 (42 U.S.C. 1437v), where such standards are
determined to be cost effective by the Secretary of
Housing and Urban Development.''; and
(B) in paragraph (2), by striking ``Council of
American'' and all that follows through ``90.1-1989')''
and inserting ``2003 International Energy Conservation
Code, as such Code (including supplements) is in effect
on the date of the enactment of the Efficient Energy
Through Certified Technologies and Electricity
Reliability (EFFECTER) Act of 2005'';
(2) in subsection (b)--
(A) by striking ``within 1 year after the date of
the enactment of the Energy Policy Act of 1992'' and
inserting ``by September 30, 2005''; and
(B) by striking ``CABO'' and all that follows
through ``1989'' and inserting ``2003 International
Energy Conservation Code, as such Code (including
supplements) is in effect on the date of the enactment
of the Efficient Energy Through Certified Technologies
and Electricity Reliability (EFFECTER) Act of 2005'';
and
(3) in subsection (c)--
(A) in the heading, by striking ``Model Energy
Code'' and inserting ``The International Energy
Conservation Code''; and
(B) by striking ``CABO'' and all that follows
through ``1989'' and inserting ``the 2003 International
Energy Conservation Code, as such Code (including
supplements) is in effect on the date of the enactment
of the Efficient Energy Through Certified Technologies
and Electricity Reliability (EFFECTER) Act of 2005''.
TITLE V--RELIABILITY STANDARDS
SEC. 501. ELECTRIC RELIABILITY STANDARDS.
(a) In General.--Part II of the Federal Power Act (16 U.S.C 824 et
seq.) is amended by adding at the end the following:
``SEC. 215. ELECTRIC RELIABILITY.
``(a) Definitions.--In this section:
``(1)(A) The term `bulk-power system' means--
``(i) facilities and control systems necessary for
operating an interconnected electric energy
transmission network (or any portion thereof); and
``(ii) electric energy from generation facilities
needed to maintain transmission system reliability.
``(B) The term `bulk-power system' does not include
facilities used in the local distribution of electric energy.
``(2) The terms `Electric Reliability Organization' and
`ERO' mean the organization certified by the Commission under
subsection (c) the purpose of which is to establish and enforce
reliability standards for the bulk-power system, subject to
Commission review.
``(3) The term `interconnection' means a geographic area in
which the operation of bulk-power system components is
synchronized such that the failure of 1 or more of such
components may adversely affect the ability of the operators of
other components within the system to maintain reliable
operation of the facilities within their control.
``(4) The term `regional entity' means an entity having
enforcement authority pursuant to subsection (e)(4).
``(5)(A) The term `reliability standard' means a
requirement, approved by the Commission under this section, to
provide for reliable operation of the bulk-power system.
``(B) The term `reliability standard' includes requirements
for the operation of existing bulk-power system facilities and
the design of planned additions or modifications to those
facilities to the extent necessary to provide for reliable
operation of the bulk-power system.
``(C) The term `reliability standard' does not include any
requirement to enlarge a facility described in subparagraph (B)
or to construct new transmission capacity or generation
capacity.
``(6) The term `reliable operation' means operating the
elements of the bulk-power system within equipment and electric
system thermal, voltage, and stability limits so that
instability, uncontrolled separation, or cascading failures of
such system will not occur as a result of a sudden disturbance
or unanticipated failure of system elements.
``(7) The term `transmission organization' means a regional
transmission organization, independent system operator,
independent transmission provider, or other transmission
organization finally approved by the Commission for the
operation of transmission facilities.
``(b) Jurisdiction and Applicability.--(1)(A) The Commission shall
have jurisdiction, within the United States, over the ERO certified by
the Commission under subsection (c), any regional entities, and all
users, owners and operators of the bulk-power system, including the
entities described in section 201(f), for purposes of approving
reliability standards established under this section and enforcing
compliance with this section.
``(B) All users, owners, and operators of the bulk-power system
shall comply with reliability standards that take effect under this
section.
``(2) Not later than 180 days after the date of enactment of this
section, the Commission shall issue a final rule to implement this
section.
``(c) Certification.--(1) Following the issuance of a Commission
rule under subsection (b)(2), any person may submit an application to
the Commission for certification as the Electric Reliability
Organization.
``(2) The Commission may certify an ERO described in paragraph (1)
if the Commission determines that the ERO--
``(A) has the ability to develop and enforce, subject to
subsection (e)(2), reliability standards that provide for an
adequate level of reliability of the bulk-power system; and
``(B) has established rules that--
``(i) ensure the independence of the ERO from the
users and owners and operators of the bulk-power
system, while ensuring fair stakeholder representation
in the selection of directors of the ERO and balanced
decisionmaking in any ERO committee or subordinate
organizational structure;
``(ii) allocate equitably reasonable dues, fees,
and other charges among end users for all activities
under this section;
``(iii) provide fair and impartial procedures for
enforcement of reliability standards through the
imposition of penalties in accordance with subsection
(e) (including limitations on activities, functions, or
operations, or other appropriate sanctions);
``(iv) provide for reasonable notice and
opportunity for public comment, due process, openness,
and balance of interests in developing reliability
standards and otherwise exercising the duties of the
ERO; and
``(v) provide for taking, after certification,
appropriate steps to gain recognition in Canada and
Mexico.
``(d) Reliability Standards.--(1) The Electric Reliability
Organization shall file each reliability standard or modification to a
reliability standard that the Electric Reliability Organization
proposes to be made effective under this section with the Commission.
``(2)(A) The Commission may approve, by rule or order, a proposed
reliability standard or modification to a reliability standard if the
Commission determines that the standard is just, reasonable, not unduly
discriminatory or preferential, and in the public interest.
``(B) The Commission--
``(i) shall give due weight to the technical expertise of
the Electric Reliability Organization with respect to the
content of a proposed standard or modification to a reliability
standard and to the technical expertise of a regional entity
organized on an interconnection-wide basis with respect to a
reliability standard to be applicable within that
interconnection; but
``(ii) shall not defer with respect to the effect of a
standard on competition.
``(C) A proposed standard or modification shall take effect upon
approval by the Commission.
``(3) The Electric Reliability Organization shall rebuttably
presume that a proposal from a regional entity organized on an
interconnection-wide basis for a reliability standard or modification
to a reliability standard to be applicable on an interconnection-wide
basis is just, reasonable, and not unduly discriminatory or
preferential, and in the public interest.
``(4) The Commission shall remand to the Electric Reliability
Organization for further consideration a proposed reliability standard
or a modification to a reliability standard that the Commission
disapproves in whole or in part.
``(5) The Commission, upon a motion of the Commission or upon
complaint, may order the Electric Reliability Organization to submit to
the Commission a proposed reliability standard or a modification to a
reliability standard that addresses a specific matter if the Commission
considers such a new or modified reliability standard appropriate to
carry out this section.
``(6)(A) The final rule adopted under subsection (b)(2) shall
include fair processes for the identification and timely resolution of
any conflict between a reliability standard and any function, rule,
order, tariff, rate schedule, or agreement accepted, approved, or
ordered by the Commission applicable to a transmission organization.
``(B) The transmission organization shall continue to comply with
such function, rule, order, tariff, rate schedule, or agreement as is
accepted, approved, or ordered by the Commission until--
``(i) the Commission finds a conflict exists between a
reliability standard and any such provision;
``(ii) the Commission orders a change to the provision
pursuant to section 206; and
``(iii) the ordered change becomes effective under this
part.
``(C) If the Commission determines that a reliability standard
needs to be changed as a result of such a conflict, the Commission
shall order the ERO to develop and file with the Commission a modified
reliability standard under paragraph (4) or (5).
``(e) Enforcement.--(1) Subject to paragraph (2), the ERO may
impose a penalty on a user or owner or operator of the bulk-power
system for a violation of a reliability standard approved by the
Commission under subsection (d) if the ERO, after notice and an
opportunity for a hearing--
``(A) finds that the user or owner or operator has violated
a reliability standard approved by the Commission under
subsection (d); and
``(B) files notice and the record of the proceeding with
the Commission.
``(2)(A) A penalty imposed under paragraph (1) may take effect not
earlier than the 31st day after the date on which the ERO files with
the Commission notice of the penalty and the record of proceedings.
``(B) The penalty shall be subject to review by the Commission
upon--
``(i) a motion by the Commission; or
``(ii) application by the user, owner, or operator that is
the subject of the penalty filed not later than 30 days after
the date on which the notice is filed with the Commission.
``(C) Application to the Commission for review, or the initiation
of review by the Commission upon a motion of the Commission, shall not
operate as a stay of the penalty unless the Commission orders otherwise
upon a motion of the Commission or upon application by the user, owner,
or operator that is the subject of the penalty.
``(D) In any proceeding to review a penalty imposed under paragraph
(1), the Commission, after notice and opportunity for hearing (which
hearing may consist solely of the record before the ERO and opportunity
for the presentation of supporting reasons to affirm, modify, or set
aside the penalty), shall by order affirm, set aside, reinstate, or
modify the penalty, and, if appropriate, remand to the ERO for further
proceedings.
``(E) The Commission shall implement expedited procedures for
hearings described in subparagraph (D).
``(3) Upon a motion of the Commission or upon complaint, the
Commission may order compliance with a reliability standard and may
impose a penalty against a user or owner or operator of the bulk-power
system if the Commission finds, after notice and opportunity for a
hearing, that the user or owner or operator of the bulk-power system
has engaged or is about to engage in any act or practice that
constitutes or will constitute a violation of a reliability standard.
``(4)(A) The Commission shall issue regulations authorizing the ERO
to enter into an agreement to delegate authority to a regional entity
for the purpose of proposing reliability standards to the ERO and
enforcing reliability standards under paragraph (1) if--
``(i) the regional entity is governed by an independent
board, a balanced stakeholder board, or a combination of an
independent and balanced stakeholder board;
``(ii) the regional entity otherwise meets the requirements
of paragraphs (1) and (2) of subsection (c); and
``(iii) the agreement promotes effective and efficient
administration of bulk-power system reliability.
``(B) The Commission may modify a delegation under this paragraph.
``(C) The ERO and the Commission shall rebuttably presume that a
proposal for delegation to a regional entity organized on an
interconnection-wide basis promotes effective and efficient
administration of bulk-power system reliability and should be approved.
``(D) The regulations issued under this paragraph may provide that
the Commission may assign the authority of the ERO to enforce
reliability standards under paragraph (1) directly to a regional entity
in accordance with this paragraph.
``(5) The Commission may take such action as the Commission
determines to be appropriate against the ERO or a regional entity to
ensure compliance with a reliability standard or any Commission order
affecting the ERO or a regional entity.
``(6) Any penalty imposed under this section shall bear a
reasonable relation to the seriousness of the violation and shall take
into consideration the efforts of the user, owner, or operator to
remedy the violation in a timely manner.
``(f) Changes in Electric Reliability Organization Rules.--(1) The
Electric Reliability Organization shall file with the Commission for
approval any proposed rule or proposed rule change, accompanied by an
explanation of the basis and purpose of the rule and proposed rule
change.
``(2) The Commission, upon a motion of the Commission or upon
complaint, may propose a change to the rules of the ERO.
``(3) A proposed rule or proposed rule change shall take effect
upon a finding by the Commission, after notice and opportunity for
comment, that the change is just, reasonable, not unduly discriminatory
or preferential, is in the public interest, and meets the requirements
of subsection (c).
``(g) Reliability Reports.--The ERO shall conduct periodic
assessments of the reliability and adequacy of the bulk-power system in
North America.
``(h) Coordination With Canada and Mexico.--The President is urged
to negotiate international agreements with the governments of Canada
and Mexico to provide for effective compliance with reliability
standards and the effectiveness of the ERO in the United States and
Canada or Mexico.
``(i) Savings Provisions.--(1) The ERO may develop and enforce
compliance with reliability standards for only the bulk-power system.
``(2) Nothing in this section authorizes the ERO or the Commission
to order the construction of additional generation or transmission
capacity or to set and enforce compliance with standards for adequacy
or safety of electric facilities or services.
``(3) Nothing in this section preempts any authority of any State
to take action to ensure the safety, adequacy, and reliability of
electric service within that State, as long as such action is not
inconsistent with any reliability standard.
``(4) Not later than 90 days after the date of application of the
Electric Reliability Organization or other affected party, and after
notice and opportunity for comment, the Commission shall issue a final
order determining whether a State action is inconsistent with a
reliability standard, taking into consideration any recommendation of
the ERO.
``(5) The Commission, after consultation with the ERO and the State
taking action, may stay the effectiveness of any State action, pending
the issuance by the Commission of a final order.
``(j) Regional Advisory Bodies.--(1) The Commission shall establish
a regional advisory body on the petition of at least \2/3\ of the
States within a region that have more than \1/2\ of the electric load
of the States served within the region.
``(2) A regional advisory body--
``(A) shall be composed of 1 member from each participating
State in the region, appointed by the Governor of the State;
and
``(B) may include representatives of agencies, States, and
provinces outside the United States.
``(3) A regional advisory body may provide advice to the Electric
Reliability Organization, a regional entity, or the Commission
regarding--
``(A) the governance of an existing or proposed regional
entity within the same region;
``(B) whether a standard proposed to apply within the
region is just, reasonable, not unduly discriminatory or
preferential, and in the public interest;
``(C) whether fees proposed to be assessed within the
region are just, reasonable, not unduly discriminatory or
preferential, and in the public interest; and
``(D) any other responsibilities requested by the
Commission.
``(4) The Commission may give deference to the advice of a regional
advisory body if that body is organized on an interconnection-wide
basis.
``(k) Alaska and Hawaii.--This section does not apply to Alaska or
Hawaii.''.
(b) Status of ERO.--The Electric Reliability Organization certified
by the Federal Energy Regulatory Commission under section 215(c) of the
Federal Power Act (as added by subsection (a)) and any regional entity
delegated enforcement authority pursuant to section 215(e)(4) of that
Act (as so added) are not departments, agencies, or instrumentalities
of the United States Government.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E764)
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Housing and Community Opportunity.
Referred to the Subcommittee on Energy and Air Quality.
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