Energy Policy Act of 2005 (Title XIII--Energy Tax Incentives Act of 2005) (P.L. 109-58)

The Energy Policy Act of 2005 provided for an energy research and development program that included: energy efficiency; renewable energy; oil and gas; coal; Native American energy; nuclear issues and security; vehicles and motor fuels, including ethanol; hydrogen; electricity; energy tax incentives; hydropower and geothermal energy; and oil and gas leasing on the Arctic Coastal Plain.

Title XIII, the Energy Tax Incentives Act of 2005, amended the Internal Revenue Code of 1986 to provide tax incentives for the development and maintenance of the energy infrastructure, to encourage investment in and development of new sources of energy, and to raise revenue to offset credits and deductions provided for in the act. The energy infrastructure tax incentives included: modifications to the recovery period for natural gas gathering and distribution lines and property used for the transmission of electricity; provisions for clean renewable energy bonds; modified or new credits for producing fuel from non-conventional sources, production from advanced nuclear power facilities, and investment in clean coal facilities; modifications to special rules for nuclear decommissioning costs; and new or modified provisions related to fossil fuels and electricity. Other incentives provided credits or deductions for expenses incurred by businesses and residences to become energy efficient, for the development of alternative vehicle technology and fuels, for small agri-biodiesel and ethanol producers, and for production of coal owned by Native American tribes. Recovery periods for geological and geophysical expenditures, and energy management devices were amended or added. Provisions in the Internal Revenue Code were amended concerning the Oil Spill Liability and Leaking Underground Storage Tank trust funds. The act also clarified the tire excise tax and modified the recapture of section 197 amortization.