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Congress Passes Residential Energy Efficiency Tax Credits

After five years of struggle Congress has enacted comprehensive energy legislation. The focus of the legislation is on development of oil, gas, and nuclear sources of energy. The energy package negotiated by the conference committee includes measures to spur construction of new nuclear power plants, promote ways to reduce pollution from coal and provides a boon to farmers by requiring refiners to double the use of corn-based ethanol in gasoline to 7.5 billion gallons a year by 2012. The legislation also provides for: \

  • Provide subsidies and tax breaks for wind, geothermal and solar industries.
  • Require new efficiency standards for commercial appliances from air conditioners to refrigerators.
  • Extend daylight saving time by a month to save energy.
  • Require utilities to meet federal reliability standards for the electric transmission grid, hoping to avoid future blackouts such as struck in the summer of 2003.
  • Eases the way for more imports of liquefied natural gas by giving federal regulators final say over import terminals.
  • Provides loan guarantees and other subsidies for clean energy technologies and new nuclear reactors. It would authorize a $1.8 billion program to promote clean coal technologies.

The legislation includes modest provisions for energy efficiency tax incentives. The incentives for energy efficiency includes:

Improving the Efficiency of Existing Homes

  • 10% cost based credit to homeowners to improve the energy efficiency of existing homes. The maximum credit would be $500 ($300 for windows). The credit will go into effect on January 1, 2006 and expire on December 31, 2009.

Energy Efficient New Homes

  • Credit for builders to build energy efficient homes. The credit applies to manufactured homes meeting a 30% reduction and other homes meeting a 50% reduction. The credit will go into effect on January 1, 2006 and expire on December 31, 2009.

Commercial Buildings

  • Deduction for commercial buildings reducing their energy by 50%. The maximum deduction is $1.80 per square foot of the building. Deduction will go into effect on January 1, 2006 expire on December 31, 2009.

The legislation is posted on the Senate Energy Committee's web site. The provisions for the tax credit for new homes is posted on page 1344. The existing homes credit's provisions begin on page 1351. The commercial incentives start on page 1332.

Now that the legislation is passed, the first priority of RESNET is to see that clear, effective, and cost effective procedures are adopted by the Department of Treasury for verifying the home's performance in applying for a tax credit. The legislation leaves the verification to the Department of Treasury to adopt after consultation with the Department of Energy. RESNET will be advocating for procedures that will ensure that the public's funds are used to achieve verifible energy savings using the existing infrastructure of building performance professionals.

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Revised: 12/05/08.