What This Bill Does
This bill, called the Energy Efficiency for Affordable Housing Act, changes how the government rewards people who fix up old apartment buildings. It increases the low-income housing credit, which is money the government gives back to developers who build or fix affordable housing, if those buildings save energy through upgrades and improvements.
Who It Affects
Developers and owners who rehabilitate (fix up) existing apartment buildings for low-income residents. The Secretary of Energy and the Secretary of the Treasury (who handles tax rules). Property owners in high-cost areas who rehabilitate buildings.
Key Provisions
• Buildings that achieve "enhanced energy performance" get a bigger credit worth 130 percent of their rehabilitation expenditures, meaning the government rewards 30 percent more than the actual costs spent on fixing up the building (Sec. 2(a)).
• Buildings in high-cost areas that achieve enhanced energy performance get an even larger credit worth 160 percent of their rehabilitation expenditures (Sec. 2(b)).
• A building achieves enhanced energy performance either by meeting advanced building construction standards the Secretary of Energy must create within 180 days, or by following a "qualified retrofit plan" (Sec. 2(a)).
• A qualified retrofit plan is a written document prepared by a licensed architect or engineer that shows how building modifications will reduce the building's energy usage by at least 50 percent compared to how much energy it used before (Sec. 2(a)).
What Changes
If this bill becomes law, developers fixing up apartment buildings for low-income residents will receive larger tax credits if their projects meet energy efficiency standards. The government will give back 130 percent of renovation costs for energy-efficient buildings, and 160 percent for energy-efficient buildings in expensive housing markets.
Important Definitions
• Baseline energy usage intensity: How much energy a building used during the 24 months before renovations began, measured in British thermal units per square foot per year (Sec. 2(a)).
• Site energy usage intensity: The total energy a building uses, measured in British thermal units per square foot per year, calculated according to rules the Secretary provides (Sec. 2(a)).
• Qualified retrofit plan: A written plan stamped by a licensed architect or engineer showing how building changes will cut energy usage by 50 percent or more (Sec. 2(a)).
• Qualified professional: A licensed architect, licensed engineer, or someone meeting other requirements the Secretary of Energy sets (Sec. 2(a)).
Effective Date
The changes apply to buildings receiving housing credit allocations after December 31, 2023. For buildings financed by certain bonds, the changes apply to bonds issued after December 31, 2023. (Sec. 2(c))
II
118TH CONGRESS
1ST SESSION
S. 611
To amend the Internal Revenue Code of 1986 to increase the low-income
housing credit for rehabilitation expenditures for buildings achieving en-
hanced energy performance, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 1, 2023
Ms. KLOBUCHAR (for herself, Mr. VAN HOLLEN, Ms. WARREN, and Ms.
SMITH) introduced the following bill; which was read twice and referred
to the Committee on Finance
A BILL
To amend the Internal Revenue Code of 1986 to increase
the low-income housing credit for rehabilitation expendi-
tures for buildings achieving enhanced energy perform-
ance, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Energy Efficiency for
4
Affordable Housing Act’’.
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•S 611 IS
SEC. 2. INCREASE OF CREDIT.
1
(a) IN GENERAL.—Paragraph (2) of section 42(e) of
2
the Internal Revenue Code of 1986 is amended by adding
3
at the end the following new subparagraph:
4
‘‘(C) INCREASE IN CREDIT FOR BUILDINGS
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ACHIEVING
ENHANCED
ENERGY
PERFORM-
6
ANCE.—
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‘‘(i) IN GENERAL.—In the case of any
8
existing building to which subsection (b)(2)
9
does not apply which achieves enhanced
10
energy performance, the rehabilitation ex-
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penditures taken into account under sub-
12
paragraph (A) shall be 130 percent of such
13
expenditures determined without regard to
14
this subparagraph.
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‘‘(ii) ENHANCED
ENERGY
PERFORM-
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ANCE.—For purposes of clause (i), a build-
17
ing achieves enhanced energy performance
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if it meets either of the following:
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‘‘(I) The minimum requirements
20
of an advanced building construction
21
standard which shall be determined by
22
the Secretary of Energy using pre-
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scriptive or performance methods of
24
calculation and promulgated by the
25
Secretary of Energy within 180 days
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•S 611 IS
of the date of the enactment of this
1
subparagraph.
2
‘‘(II) In the case of a taxpayer
3
which elects (at such time and in such
4
manner as the Secretary may provide)
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the application of this subclause with
6
respect to the building, a qualified ret-
7
rofit plan.
8
‘‘(iii) DEFINITIONS.—For purposes of
9
this subparagraph—
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‘‘(I)
QUALIFIED
RETROFIT
11
PLAN.—The term ‘qualified retrofit
12
plan’ means a written plan prepared
13
and stamped by a qualified profes-
14
sional which specifies modifications to
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a building which, in the aggregate, are
16
expected to reduce such building’s site
17
energy usage intensity by 50 percent
18
or more in comparison to the baseline
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energy usage intensity of such build-
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ing. Such plan shall require a quali-
21
fied professional to certify—
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‘‘(aa) the baseline energy
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usage intensity of the building,
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‘‘(bb) that the modifications
1
are expected to reduce such
2
building’s site energy usage in-
3
tensity by 50 percent or more in
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comparison to the baseline en-
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ergy usage intensity of such
6
building, and
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‘‘(cc) as of any date fol-
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lowing installation of building
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modifications, that such modi-
10
fications have been installed.
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‘‘(II) BASELINE ENERGY USAGE
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INTENSITY.—The term ‘baseline en-
13
ergy usage intensity’ means the site
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energy usage intensity as of any date
15
during the 24-month period imme-
16
diately preceding the building modi-
17
fications described in the qualified ret-
18
rofit plan.
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‘‘(III) SITE ENERGY USAGE IN-
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TENSITY.—The site energy usage in-
21
tensity shall be determined for the en-
22
tire building in accordance with such
23
regulations or other guidance as the
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Secretary may provide and measured
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•S 611 IS
in British thermal units per square
1
foot per year.
2
‘‘(IV)
QUALIFIED
PROFES-
3
SIONAL.—The term ‘qualified profes-
4
sional’ means an individual who is a
5
licensed architect or a licensed engi-
6
neer or meets such other requirements
7
as the Secretary of Energy may pro-
8
vide.’’.
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(b) INCREASE
FOR
BUILDINGS
IN
HIGH-COST
10
AREAS.—Paragraph (2) of section 42(e) of the Internal
11
Revenue Code of 1986, as amended by subsection (a), is
12
further amended by adding at the end the following new
13
subparagraph:
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‘‘(D) SPECIAL
RULE
FOR
BUILDINGS
IN
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HIGH-COST AREAS WHICH ACHIEVE ENHANCED
16
ENERGY PERFORMANCE.—In the case of an ex-
17
isting building to which both subparagraph (C)
18
and subsection (d)(5)(B) apply (but for this
19
subparagraph)—
20
‘‘(i) subsection (d)(5)(B)(i)(II) shall
21
not apply, and
22
‘‘(ii) the rehabilitation expenditures
23
taken into account under subparagraph
24
(A) shall be 160 percent of such expendi-
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•S 611 IS
tures determined without regard to this
1
subparagraph.’’.
2
(c) EFFECTIVE DATE.—
3
(1) IN GENERAL.—Except as provided in para-
4
graph (2), the amendments made by this section
5
shall apply to buildings with respect to which hous-
6
ing credit dollar amounts are allocated after Decem-
7
ber 31, 2023.
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(2) BOND-FINANCED PROJECTS.—In the case of
9
any building some portion of which, or of the land
10
on which the building is located, is financed by an
11
obligation which is described in section 42(h)(4)(A)
12
of the Internal Revenue Code of 1986, the amend-
13
ments made by this section shall apply to any such
14
building financed by such an obligation which is part
15
of an issue the issue date of which is after December
16
31, 2023.
17
Æ
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