Energy Policy Act of 2005

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Energy Policy Act of 2005
Great Seal of the United States.
Enacted by the 109th United States Congress
Citations
Public LawPub. L. 109-58
Legislative history
  • Introduced in the House as H.R.6 by Rep. Joe Barton (R-TX) on April 18, 2005
  • Passed the House on April 21, 2005 (249 - 183)
  • Passed the Senate on June 28, 2005 (85 - 12)
  • Reported by the joint conference committee on July 27, 2005; agreed to by the House on July 28, 2005 (275 - 156) and by the Senate on July 29, 2005 (74 - 26)
  • Signed into law by President George W. Bush on August 8, 2005
Major amendments
American Recovery and Reinvestment Act of 2009
 
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Energy Policy Act of 2005
Great Seal of the United States.
Enacted by the 109th United States Congress
Citations
Public LawPub. L. 109-58
Legislative history
  • Introduced in the House as H.R.6 by Rep. Joe Barton (R-TX) on April 18, 2005
  • Passed the House on April 21, 2005 (249 - 183)
  • Passed the Senate on June 28, 2005 (85 - 12)
  • Reported by the joint conference committee on July 27, 2005; agreed to by the House on July 28, 2005 (275 - 156) and by the Senate on July 29, 2005 (74 - 26)
  • Signed into law by President George W. Bush on August 8, 2005
Major amendments
American Recovery and Reinvestment Act of 2009

The Energy Policy Act of 2005 (Pub.L. 109–58) is a bill passed by the United States Congress on July 29, 2005, and signed into law by President George W. Bush on August 8, 2005, at Sandia National Laboratories in Albuquerque, New Mexico. The act, described by proponents as an attempt to combat growing energy problems, changed US energy policy by providing tax incentives and loan guarantees for energy production of various types.

Provisions[edit]

General provisions[edit]

In Congressional bills, an "authorization" of a discretionary program is a permission to spend money IF money has been appropriated; while an "appropriation" is the provision of funds so it can be spent. The authorizations above will not get carried out if money is never appropriated for them.

Tax reductions by subject area[edit]

Change to daylight saving time[edit]

The bill amends the Uniform Time Act of 1966 by changing the start and end dates of daylight saving time, beginning in 2007. Clocks were set ahead one hour on the second Sunday of March (March 11, 2007) instead of on the first Sunday of April (April 1, 2007). Clocks were set back one hour on the first Sunday in November (November 4, 2007), rather than on the last Sunday of October (October 28, 2007).

Lobbyists for this provision included the Sporting Goods Manufacturers Association, the National Association of Convenience Stores, and the National Retinitis Pigmentosa Foundation Fighting Blindness.

Lobbyists against this provision included the U.S. Conference of Catholic Bishops, the United Synagogue of Conservative Judaism, the National Parent-Teacher Association, the Calendaring and Scheduling Consortium, the Edison Electric Institute, and the Air Transport Association.[11] This section of the act is controversial; some have questioned whether daylight saving results in net energy savings.[12]

Commercial building deduction[edit]

The Act created the Energy Efficient Commercial Buildings Tax Deduction, a special financial incentive designed to reduce the initial cost of investing in energy-efficient building systems via an accelerated tax deduction under section §179D of the Internal Revenue Code (IRC)[4] Many building owners are unaware that the [Policy Act of 2005] includes a tax deduction (§179D)for investments in "energy efficient commercial building property" designed to significantly reduce the heating, cooling, water heating and interior lighting cost of new or existing commercial buildings placed into service between January 1, 2006 and December 31, 2013. §179D includes full and partial tax deductions for investments in energy efficient commercial building that are designed to increase the efficiency of energy-consuming functions. Up to $.60 for lighting, $.60 for HVAC and $.60 for building envelope, creating a potential deduction of $1.80 per sq/ft. Interior lighting may also be improved using the Interim Lighting Rule, which provides a simplified process to earn the Deduction, capped at $0.30-$0.60/square foot. Improvements are compared to a baseline of ASHRAE 2001 standards.[13]

Achievement of these benefits requires cooperation between the facilities/energy division of a business, its tax department, and a firm specializing in EPAct 179D deductions. IRS mandated software must be used and an independent 3rd party must certify to the qualification.For municipal buildings, benefits are passed through to the primary designers/architects in an attempt to encourage innovative municipal design.

The Commercial Buildings Tax Deduction expiration date has been extended twice, most recently by the Energy Improvement and Extension Act of 2008. With this extension, the CBTD can be claimed for qualifying projects completed before January 1, 2014.[13][14]

Energy management[edit]

The commercial building tax deductions can be used to improve the payback period of a prospective energy improvement investment.

Often the deductions are combined with participation in demand response programs where buildings agree to curtail usage at peak times for a premium.

The most common qualifying projects are in the lighting area.

Summary of Energy Savings Percentages Provided by IRS Guidance[edit]

Energy Savings Percentages permitted under Notice 2006-52 Interior Lighting Systems 16⅔% Heating, Cooling, Ventilation, and Hot Water Systems 16⅔% Building Envelope 16⅔% Effective for property placed in service January 1, 2006 – December 31, 2008

Energy Savings Percentages permitted under Notice 2008-40 Interior Lighting Systems 20% Heating, Cooling, Ventilation, and Hot Water Systems 20% Building Envelope 10% Effective for property placed in service January 1, 2006 – December 31, 2013

Energy Savings Percentages permitted under Notice 2012-22 Interior Lighting Systems 25% Heating, Cooling, Ventilation, and Hot Water Systems 15% Building Envelope 10% Effective date of Notice 2012-22 – December 31, 2013; if § 179D is extended beyond December 31, 2013, also effective (except as otherwise provided in an amendment of § 179D or the guidance thereunder) during the period of the extension

Congressional Budget Office (CBO) cost estimate[edit]

The Congressional Budget Office review of the conference version of the bill estimated the Act will increase direct spending by $2.2 billion over the 2006-2010 period, and by $1.6 billion over the 2006-2015 period. In addition, the CBO and the Joint Committee on Taxation estimated that the legislation would reduce revenues by $7.9 billion over the 2005-2010 period and by $12.3 billion over the 2005-2015 period. The CBO noted that the bill could have additional effects on discretionary spending, but did not attempt to estimate those effects.

Support[edit]

The collective reduction in national consumption of energy (gas and electricity) is significant for home heating. The Act provided tangible financial incentives (tax credits) for average homeowners to make environmentally positive changes to their homes. It made improvements to home energy use more affordable for walls, doors, windows, roofs, water heaters, etc. Consumer spending, and hence the national economy, was abetted. Industry grew for manufacture of these environmentally positive improvements. These positive improvements have been near and long-term in effect.

The collective reduction in national consumption of oil is significant for automotive vehicles. The Act provided tangible financial incentives (tax credits) for operators of hybrid vehicles. It helped fuel competition among auto makers to meet rising demands for fuel-efficient vehicles. Consumer spending, and hence the national economy, was abetted. Dependence on imported oil was reduced. The national trade deficit was improved. Industry grew for manufacture of these environmentally positive improvements. These positive improvements have been near and long-term in effect.

Criticism[edit]

Legislative history[edit]

The Act was voted on and passed twice by the United States Senate, once prior to conference committee, and once after. In both cases, there were numerous senators who voted against the bill. John McCain, the Republican Party nominee for President of the United States in the 2008 election voted against the bill. Democrat Barack Obama, the current President of the United States, voted in favor of the bill.

Provisions in the original bill that were not in the act[edit]

Preliminary Senate vote[edit]

June 28, 2005, 10:00 a.m. Yeas - 85, Nays - 12

Conference committee[edit]

The bill's conference committee included 14 Senators and 51 House members. The senators on the committee were: Republicans Domenici, Craig, Thomas, Alexander, Murkowski, Burr, Grassley and Democrats Bingaman, Akaka, Dorgan, Wyden, Johnson, and Baucus.

Final Senate vote[edit]

July 29, 2005, 12:50 p.m.[21] Yeas - 74, Nays - 26

Legislative history[edit]

StageHouse of RepresentativesSenate
Initial Debate
IntroductionApril 18, 2005June 11
CommittedApril 18June 14
Committee Name(s)Energy and Commerce
Education and the Workforce
Financial Services
Agriculture
Resources
Science
Ways and Means
Transportation and Infrastructure
Committee StageApril 18 to 19
Committee ReportApril 19
Floor DebateApril 19 to 21June 14 to 23

Cloture invoked June 23,[22]

PassageApril 21,[23]June 28,[24]
Conference Stage
Conference Demanded/AcceptedJuly 13July 1
Conference MeetingsJuly 14 to 24
Report FiledJuly 27
Final Passage
Final DebateJuly 28July 28 to 29
Budget Act waived, July 29,[25]
Concurrence and PassageJuly 28,[26]July 29,[27]
Presented to PresidentAugust 4
SignedAugust 8

See also[edit]

References[edit]

  1. ^ http://www.epa.gov/oust/fedlaws/publ_109-058.pdf
  2. ^ Will Thurman (November 17, 2008). "Biofuels’ Bright Future". Forbes (PDF). emerging-markets.com. "In December 2007, with the imminent arrival of $100-per-barrel oil, the U.S. Congress swiftly acted to upgrade the 2005 biofuels initiative and RFS from its original target of 7 billion US gallons (26,000,000 m3) by 2012 to a revised RFS target (passed in December 2007) of 36 billion US gallons (140,000,000 m3) of biofuels production by 2022." 
  3. ^ "Sec. 388". U.S.LibraryofCongress. 2005-08-08. Retrieved 2008-07-11. 
  4. ^ Ken Belsen and Matthew L. Wald, " ’03 Blackout Is Recalled, Amid Lessons Learned", New York Times, August 13, 2008, found at NY Times website. Retrieved August 27, 2008.
  5. ^ David Freedlander, "It could happen again: On fifth anniversary of blackout, nation still vulnerable", A.M. N.Y., August 12, 2008. See response at Letter to the Editor. Retrieved August 27, 2008.
  6. ^ Report, Energy and Commerce Committee, "Blackout 2003: How Did It Happen and Why? Full Committee on Energy and Commerce, September 4, 2003, found at Energy and Commerce Committee website. Retrieved August 27, 2008.
  7. ^ Congress Passes First Comprehensive Energy Bill in 13 Years, Nuclear Energy Institute, 2005
  8. ^ UtiliPoint Issue Alert: New Nuclear Plants Coming to the United States?, January 17, 2007
  9. ^ "What's in the Oil Shale and Tar Sands Leasing Programmatic EIS". Oil Shale and Tar Sands Leasing Programmatic EIS Information Center. Retrieved 2007-07-10. 
  10. ^ Detailed 2005 breakdown nei.org - PDF, 29kB)
  11. ^ Alex Beam (2005-07-26). "Dim-witted proposal for daylight time". Boston Globe. 
  12. ^ Ryan Kellogg; Hendrik Wolff (2007-01). Does extending daylight saving time save energy? Evidence from an Australian experiment (PDF). CSEM WP 163. University of California Energy Institute. Retrieved 2009-06-24. 
  13. ^ a b DiLouie, Craig. "NEMA website dedicated to lighting aspects of the Commercial Buildings Tax Deduction". National Electrical Manufacturers Association (NEMA). Retrieved 2010-04-05. 
  14. ^ Goulding, Charles. "EPAct Section 179D". 
  15. ^ Grunwald, Michael and Juliet Eilperin. "Energy Bill Raises Fears About Pollution, Fraud Critics Point to Perks for Industry." Washington Post. July 30, 2005.
  16. ^ "Bush signs $12.3 billion energy bill into law." MSNBC. Aug. 8, 2005.
  17. ^ Knight, Peyton. "Small Group of House Republicans Derails ANWR Drilling." Washington, DC: The National Center for Public Policy Research. November 10, 2005.
  18. ^ Zito, Salena (March 15, 2008). "Clinton preaches to her choir". Pittsburgh Tribune-Review. 
  19. ^ Kosnik, Renee Lewis MSEL, JD (October 2007). "The Oil and Gas Industry's Exclusions and Exemptions to Major Environmental Statutes". Earthworks' Oil and Gas Accountability Project http://www.ogap.org. 
  20. ^ Dorner, Joshua (July 9, 2010). "Cheney's Culture of Deregulation and Corruption". Center for American Progress. 
  21. ^ Votes from all Senators
  22. ^ 92-4 senate.gov
  23. ^ 249-183 clerk.house.gov
  24. ^ 85-12 senate.gov
  25. ^ 71-29 senate.gov
  26. ^ 275-156 clerk.house.gov
  27. ^ 74-26 senate.gov

External links[edit]

Government[edit]

Events[edit]

News[edit]

Non-Profit[edit]