PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 1021
‘‘(1) the product of— ‘‘(A) $1.80, and ‘‘(B) the square footage of the building, over ‘‘(2) the aggregate amount of the deductions under subsection (a) with respect to the building for all prior taxable years. ‘‘(c) DEFINITIONS.—For purposes of this section— ‘‘(1) ENERGY EFFICIENT COMMERCIAL BUILDING PROPERTY.— The term ‘energy efficient commercial building property’ means property— ‘‘(A) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, ‘‘(B) which is installed on or in any building which is— ‘‘(i) located in the United States, and ‘‘(ii) within the scope of Standard 90.1–2001, ‘‘(C) 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 ‘‘(D) 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). ‘‘(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)(D) is not met, but ‘‘(ii) there is a certification in accordance with paragraph (6) that any system referred to in subsection (c)(1)(C) satisfies the energy-savings targets established by the Secretary under subparagraph (B) with respect to such system, then the requirement of subsection (c)(1)(D) 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 ‘$.60’ for ‘$1.80’. ‘‘(B) REGULATIONS.—The Secretary, after consultation with the Secretary of Energy, shall establish a target for each system described in subsection (c)(1)(C) which, if such targets were met for all such systems, the building would meet the requirements of subsection (c)(1)(D).
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