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‘‘(c) E
XCEPTION FOR
V
EHICLES
U
SED BY
G
OVERN
-
1
MENTS
, E
TC
.—No credit shall be allowed under this section
2
for any vehicle owned by any person at the close of a cal-
3
endar year if such vehicle is used at any time during such
4
year by—
5
‘‘(1) the United States or an agency or instru-
6
mentality thereof, a State, a political subdivision of
7
a State, or an agency or instrumentality of one or
8
more States or political subdivisions, or
9
‘‘(2) an organization exempt from tax under sec-
10
tion 501(a).
11
‘‘(d) D
ENIAL OF
D
OUBLE
B
ENEFIT
.—The amount of
12
any deduction under this subtitle for any tax imposed by
13
subchapter B of chapter 31 or part III of subchapter A of
14
chapter 32 for any taxable year shall be reduced (but not
15
below zero) by the amount of the credit determined under
16
this subsection for such taxable year.
17
‘‘(e) T
ERMINATION
.—This section shall not apply with
18
respect to any calendar year after 2004.’’.
19
(b) C
REDIT
M
ADE
P
ART
OF
G
ENERAL
B
USINESS
20
C
REDIT
.—Subsection (b) of section 38 (relating to general
21
business credit), as amended by this Act, is amended by
22
striking ‘‘plus’’ at the end of paragraph (22), by striking
23
the period at the end of paragraph (23) and inserting ‘‘,
24
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plus’’, and by adding at the end the following new para-
1
graph:
2
‘‘(24) the commercial power takeoff vehicles cred-
3
it under section 45N(a).’’.
4
(c) C
LERICAL
A
MENDMENT
.—The table of sections for
5
subpart D of part IV of subchapter A of chapter 1, as
6
amended by this Act, is amended by adding at the end the
7
following new item:
8
‘‘Sec. 45N. Commercial power takeoff vehicles credit.’’.
(d) R
EGULATIONS
.—Not later than January 1, 2005,
9
the Secretary of the Treasury, in consultation with the Sec-
10
retary of Energy, shall by regulation provide for the method
11
of determining the exemption from any excise tax imposed
12
under section 4041 or 4081 of the Internal Revenue Code
13
of 1986 on fuel used through a mechanism to power equip-
14
ment attached to a highway vehicle as described in section
15
45N(b)(2) of such Code, as added by subsection (a).
16
(e) E
FFECTIVE
D
ATE
.—The amendments made by this
17
section shall apply to taxable years beginning after the date
18
of the enactment of this Act.
19
SEC. 2010. MODIFICATIONS TO THE INCENTIVES FOR AL-
20
TERNATIVE VEHICLES AND FUELS.
21
(a) M
ODIFICATION
TO
N
EW
Q
UALIFIED
H
YBRID
22
M
OTOR
V
EHICLE
C
REDIT
.—The
table
in
section
23
30B(c)(2)(A) of the Internal Revenue Code of 1986, as
24
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HR 6 EAS1S/PP
added by this Act, is amended by striking ‘‘5 percent’’ and
1
inserting ‘‘4 percent’’.
2
(b) M
ODIFICATIONS TO
E
XTENSION OF
D
EDUCTION
3
FOR
C
ERTAIN
R
EFUELING
P
ROPERTY
.—
4
(1) I
N GENERAL
.—Subsection (f) of section 179A
5
of the Internal Revenue Code of 1986 is amended to
6
read as follows:
7
‘‘(f) T
ERMINATION
.—This section shall not apply to
8
any property placed in service—
9
‘‘(1) in the case of property relating to hydrogen,
10
after December 31, 2011, and
11
‘‘(2) in the case of any other property, after De-
12
cember 31, 2007.’’.
13
(2)
E
XTENSION
OF
PHASEOUT
.—Section
14
179A(b)(1)(B) of such Code, as amended by section
15
606(a) of the Job Creation and Worker Assistance Act
16
of 2002, is amended—
17
(A) by striking ‘‘calendar year 2004’’ in
18
clause (i) and inserting ‘‘calendar years 2004
19
and 2005 (calendar years 2004 through 2009 in
20
the case of property relating to hydrogen) ’’,
21
(B) by striking ‘‘2005’’ in clause (ii) and
22
inserting ‘‘2006 (calendar year 2010 in the case
23
of property relating to hydrogen)’’, and
24
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(C) by striking ‘‘2006’’ in clause (iii) and
1
inserting ‘‘2007 (calendar year 2011 in the case
2
of property relating to hydrogen)’’.
3
(3) E
FFECTIVE DATE
.—The amendments made
4
by this subsection shall apply to property placed in
5
service after December 31, 2003, in taxable years end-
6
ing after such date.
7
(c) M
ODIFICATION TO
C
REDIT FOR
I
NSTALLATION OF
8
A
LTERNATIVE
F
UELING
S
TATIONS
.—Subsection (l) of sec-
9
tion 30C of the Internal Revenue Code of 1986, as added
10
by this Act, is amended to read as follows:
11
‘‘(l) T
ERMINATION
.—This section shall not apply to
12
any property placed in service—
13
‘‘(1) in the case of property relating to hydrogen,
14
after December 31, 2011, and
15
‘‘(2) in the case of any other property, after De-
16
cember 31, 2007.’’.
17
(d) E
FFECTIVE
D
ATE
.—Except as provided in sub-
18
section (b)(3), the amendments made by this section shall
19
apply to property placed in service after September 30,
20
2002, in taxable years ending after such date.
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HR 6 EAS1S/PP
TITLE XXI—CONSERVATION AND
1
ENERGY EFFICIENCY PROVI-
2
SIONS
3
SEC. 2101. CREDIT FOR CONSTRUCTION OF NEW ENERGY
4
EFFICIENT HOME.
5
(a) I
N
G
ENERAL
.—Subpart D of part IV of subchapter
6
A of chapter 1 (relating to business related credits), as
7
amended by this Act, is amended by adding at the end the
8
following new section:
9
‘‘SEC. 45G. NEW ENERGY EFFICIENT HOME CREDIT.
10
‘‘(a) I
N
G
ENERAL
.—For purposes of section 38, in the
11
case of an eligible contractor, the credit determined under
12
this section for the taxable year is an amount equal to the
13
aggregate adjusted bases of all energy efficient property in-
14
stalled in a qualifying new home during construction of
15
such home.
16
‘‘(b) L
IMITATIONS
.—
17
‘‘(1) M
AXIMUM CREDIT
.—
18
‘‘(A) I
N GENERAL
.—The credit allowed by
19
this section with respect to a qualifying new
20
home shall not exceed—
21
‘‘(i) in the case of a 30-percent home,
22
$1,250, and
23
‘‘(ii) in the case of a 50-percent home,
24
$2,000.
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‘‘(B) 30-
OR 50
-
PERCENT HOME
.—For pur-
1
poses of subparagraph (A)—
2
‘‘(i) 30-
PERCENT
HOME
.—The term
3
‘30-percent home’ means a qualifying new
4
home which is certified to have a projected
5
level of annual heating and cooling energy
6
consumption, measured in terms of average
7
annual energy cost to the homeowner, which
8
is at least 30 percent less than the annual
9
level of heating and cooling energy con-
10
sumption of a reference qualifying new
11
home constructed in accordance with the
12
standards of chapter 4 of the 2000 Inter-
13
national Energy Conservation Code, or a
14
qualifying new home which is a manufac-
15
tured home which meets the applicable
16
standards of the Energy Star program
17
managed jointly by the Environmental Pro-
18
tection Agency and the Department of En-
19
ergy.
20
‘‘(ii) 50-
PERCENT
HOME
.—The term
21
‘50-percent home’ means a qualifying new
22
home which is certified to have a projected
23
level of annual heating and cooling energy
24
consumption, measured in terms of average
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annual energy cost to the homeowner, which
1
is at least 50 percent less than such annual
2
level of heating and cooling energy con-
3
sumption.
4
‘‘(C) P
RIOR
CREDIT
AMOUNTS
ON
SAME
5
HOME TAKEN INTO ACCOUNT
.—If a credit was
6
allowed under subsection (a) with respect to a
7
qualifying new home in 1 or more prior taxable
8
years, the amount of the credit otherwise allow-
9
able for the taxable year with respect to that
10
home shall not exceed the amount under clause
11
(i) or (ii) of subparagraph (A) (as the case may
12
be), reduced by the sum of the credits allowed
13
under subsection (a) with respect to the home for
14
all prior taxable years.
15
‘‘(2) C
OORDINATION WITH REHABILITATION AND
16
ENERGY CREDITS
.—For purposes of this section—
17
‘‘(A) the basis of any property referred to in
18
subsection (a) shall be reduced by that portion of
19
the basis of any property which is attributable to
20
the rehabilitation credit (as determined under
21
section 47(a)) or to the energy percentage of en-
22
ergy property (as determined under section
23
48(a)), and
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‘‘(B) expenditures taken into account under
1
either section 47 or 48(a) shall not be taken into
2
account under this section.
3
‘‘(c) D
EFINITIONS
.—For purposes of this section—
4
‘‘(1) E
LIGIBLE CONTRACTOR
.—The term ‘eligible
5
contractor’ means the person who constructed the
6
qualifying new home, or in the case of a manufac-
7
tured home which conforms to Federal Manufactured
8
Home Construction and Safety Standards (24 C.F.R.
9
3280), the manufactured home producer of such home.
10
‘‘(2) E
NERGY EFFICIENT PROPERTY
.—The term
11
‘energy efficient property’ means any energy efficient
12
building envelope component, and any energy effi-
13
cient heating or cooling equipment which can, indi-
14
vidually or in combination with other components,
15
meet the requirements of this section.
16
‘‘(3) Q
UALIFYING NEW HOME
.—The term ‘quali-
17
fying new home’ means a dwelling—
18
‘‘(A) located in the United States,
19
‘‘(B) the construction of which is substan-
20
tially completed after the date of the enactment
21
of this section, and
22
‘‘(C) the first use of which after construction
23
is as a principal residence (within the meaning
24
of section 121).
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‘‘(4) C
ONSTRUCTION
.—The term ‘construction’
1
includes reconstruction and rehabilitation.
2
‘‘(5) B
UILDING
ENVELOPE
COMPONENT
.—The
3
term ‘building envelope component’ means—
4
‘‘(A) any insulation material or system
5
which is specifically and primarily designed to
6
reduce the heat loss or gain of a qualifying new
7
home when installed in or on such home, and
8
‘‘(B) exterior windows (including skylights)
9
and doors.
10
‘‘(6) M
ANUFACTURED
HOME
INCLUDED
.—The
11
term ‘qualifying new home’ includes a manufactured
12
home conforming to Federal Manufactured Home
13
Construction and Safety Standards (24 C.F.R. 3280).
14
‘‘(d) C
ERTIFICATION
.—
15
‘‘(1) M
ETHOD OF CERTIFICATION
.—
16
‘‘(A) I
N
GENERAL
.—A certification de-
17
scribed in subsection (b)(1)(B) shall be deter-
18
mined either by a component-based method or a
19
performance-based method.
20
‘‘(B) C
OMPONENT
-
BASED METHOD
.—A com-
21
ponent-based method is a method which uses the
22
applicable technical energy efficiency specifica-
23
tions or ratings (including product labeling re-
24
quirements) for the energy efficient building en-
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velope component or energy efficient heating or
1
cooling equipment. The Secretary shall, in con-
2
sultation with the Administrator of the Environ-
3
mental Protection Agency, develop prescriptive
4
component-based packages that are equivalent in
5
energy performance to properties that qualify
6
under subparagraph (C).
7
‘‘(C) P
ERFORMANCE
-
BASED METHOD
.—
8
‘‘(i) I
N
GENERAL
.—A performance-
9
based method is a method which calculates
10
projected energy usage and cost reductions
11
in the qualifying new home in relation to a
12
reference qualifying new home—
13
‘‘(I) heated by the same energy
14
source and heating system type, and
15
‘‘(II) constructed in accordance
16
with the standards of chapter 4 of the
17
2000 International Energy Conserva-
18
tion Code.
19
‘‘(ii) C
OMPUTER
SOFTWARE
.—Com-
20
puter software shall be used in support of a
21
performance-based
method
certification
22
under clause (i). Such software shall meet
23
procedures and methods for calculating en-
24
ergy and cost savings in regulations pro-
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mulgated by the Secretary of Energy. Such
1
regulations on the specifications for software
2
and verification protocols shall be based on
3
the 2001 California Residential Alternative
4
Calculation Method Approval Manual.
5
‘‘(2) P
ROVIDER
.—A certification described in
6
subsection (b)(1)(B) shall be provided by—
7
‘‘(A) in the case of a component-based meth-
8
od, a local building regulatory authority, a util-
9
ity, a manufactured home production inspection
10
primary inspection agency (IPIA), or a home
11
energy rating organization, or
12
‘‘(B) in the case of a performance-based
13
method, an individual recognized by an organi-
14
zation designated by the Secretary for such pur-
15
poses.
16
‘‘(3) F
ORM
.—
17
‘‘(A) I
N
GENERAL
.—A certification de-
18
scribed in subsection (b)(1)(B) shall be made in
19
writing in a manner that specifies in readily
20
verifiable fashion the energy efficient building
21
envelope components and energy efficient heating
22
or cooling equipment installed and their respec-
23
tive rated energy efficiency performance, and in
24
the case of a performance-based method, accom-
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