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The Energy Policy Act of 2005. Presented By: Tim Staley, PE, CEM, GBE. Agenda. Familiarity and Current Status Policy Scope Adjustments vs. Credits Energy Efficient Commercial Buildings Lighting Opportunities HVAC and Envelope Opportunities Compliance Documentation Questions and Answers.
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The Energy Policy Act of 2005 Presented By: Tim Staley, PE, CEM, GBE
Agenda • Familiarity and Current Status • Policy Scope • Adjustments vs. Credits • Energy Efficient Commercial Buildings • Lighting Opportunities • HVAC and Envelope Opportunities • Compliance Documentation • Questions and Answers
History • Signed Into Law – August 8, 2005 • Most Aggressive Energy Legislation Since EPACT 1992 • Time Is Of The Essence • How Do We Capture The Benefits?
How Much Time Do We Have? • Applies To Buildings Placed In Service: • After December 31, 2005 • Before January 1, 2008 • Possible Extensions Being Discussed (2008 through 2010) • Legislative Decision Not Anticipated Until Late 2007
What Are The Rules? • Interim Lighting Rule • IRS Notice 2006-26: Energy Star • IRS Notice 2006-27: Energy Efficient Homes • IRS Notice 2006-28: Energy Efficient Manufactured Homes • IRS Notice 2006-52: Commercial Buildings • Waiting On Other Notices • Transferable Credits • Transferable Adjustments
Transferable Tax Adjustments • Provide Incentive For Sustainable Design In Public Sector • Previous Precedent • Many Issues / Concerns • Who Decides On Transfer Recipients? • What Documentation Is Required? • What Assets Will Be Depreciated? • What Is The Value? • Applicability: Federal, State, Municipal Facilities
Policy Scope and much more….
Credit vs. Adjustment • Credit • Directly Reduces Tax Liability • Dollar For Dollar Reduction / Savings • Deduction • Directly Reduces Adjusted Gross Income • Impact On Taxes Proportionate To Tax Bracket • Typically 30% To 35% • Accelerated Depreciation
Energy Efficient Commercial Buildings • Energy Efficient Commercial Building • Installed In U.S. • Within Scope Of ASHRAE 90.1-2001 • Certified Reduction In Lighting, HVAC, and Envelope Compared To 90.1-2001 • Complete Or Whole Building Deduction • Achieve Savings In All Three Categories • 50% Reduction required • $1.80 / S.F. Deduction • Not To Exceed Cost Of Project
Interim Rule • Lighting Only • Allows Pro-rated Deduction • Deductions From $0.30 to $0.60 / S.F. • Savings Range From 25% To 40%, Respectively (Warehouses – 50%) • $0.02 / S.F. Per 1% Of Savings • Bi-level Switching Required
Permanent Rule • IRS Notice 2006-52 • Lighting, HVAC, And Building Envelope • Allows Partial Deduction • 16 2/3% Savings Required For Each Component • $0.60 / S.F. Deduction For Each Component • Bi-Level Switching Not Required
Compliance Documentation • Whole Building Model Required • Independent Third Party • Documentation To Be Filed, Not Submitted • Approved Software • TRACE 700 Version 6.0.2.1 (6/16/06) • Energy Plus Version 1.3.0.018 (6/23/06) • Hourly Analysis Program Version 4.31 (8/17/06) • Others Will Be Approved
Helpful Websites American Society of Heating, Refrigerating, and Air Conditioning Engineers: www.ashrae.org Commercial Lighting Tax Deduction: www.lightingtaxdeduction.org/tax.html Consortium for Energy Efficiency: www.cee1.org US Department of Energy – Energy Efficiency and Renewable Energy: www.eere.energy.gov US Department of Energy – Tax Breaks: www.energy.gov/taxbreaks.htm National Electrical Manufacturers Association (NEMA). Enhanced Building Efficiency. NEMA Assessment of the Energy Policy Act of 2005: www.nema.org Part 111. Administrative, Procedural and Miscellaneous. 2006-26 I.R.B. 26 June, 2006: www.irs.gov/pub/irs-drop/n-06-52.pdf
Helpful Websites Sylvania, The Energy Policy Act of 2005 and the Lighting Industry: www.sylvania.com Sylvania, Sylvania ESCO Webinar Series: EPAct 2005 Update. 8 August 2006. http://mylightpoint.mysylvania.com Sylvania, NEMA Assessment of the Energy Policy Act of 2005: www.sylvania.com/AboutUs/EnergyAndEnvironment/RegulationsLegislation/Energy/EPACT Tax Incentives for Energy-Efficient Buildings and Products: www.eere.energy.gov/buildings/info/tax_credit_2006.html www.efficientbuildings.org www.energytaxincentives.org