MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007.

SEC. 305. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007.(a) In General.—Subsection (b) of section 45M is amended to read as follows:“(b) Applicable Amount.—For purposes of subsection (a)—“(1) Dishwashers.—The applicable amount is—“(A) $45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no 122 STAT. 3846 more than 324 kilowatt hours per year and 5.8 gallons per cycle, and“(B) $75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings).“(2) Clothes washers.—The applicable amount is—“(A) $75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor,“(B) $125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor,“(C) $150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.0 modified energy factor and does not exceed a 6.0 water consumption factor, and“(D) $250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does not exceed a 4.5 water consumption factor.“(3) Refrigerators.—The applicable amount is—“(A) $50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards,“(B) $75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards,“(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009, or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards, and“(D) $200 in the case of a refrigerator manufactured in calendar year 2008, 2009, or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards.”.(b) Eligible Production.—(1) Similar treatment for all appliances.—Subsection (c) of section 45M is amended—(A) by striking paragraph (2),(B) by striking “(1) In general” and all that follows through “the eligible” and inserting “The eligible”,(C) by moving the text of such subsection in line with the subsection heading, and(D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs 2 ems to the left.(2) Modification of base period.—Paragraph (2) of section 45M(c), as amended by paragraph (1), is amended by striking “3-calendar year” and inserting “2-calendar year”.122 STAT. 3847(c) Types of Energy Efficient Appliances.—Subsection (d) of section 45M is amended to read as follows:“(d) Types of Energy Efficient Appliance.—For purposes of this section, the types of energy efficient appliances are—“(1) dishwashers described in subsection (b)(1),“(2) clothes washers described in subsection (b)(2), and“(3) refrigerators described in subsection (b)(3).”.(d) Aggregate Credit Amount Allowed.—(1) Increase in limit.—Paragraph (1) of section 45M(e) is amended to read as follows:“(1) Aggregate credit amount allowed.—The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $75,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007.”.(2) Exception for certain refrigerator and clothes washers.—Paragraph (2) of section 45M(e) is amended to read as follows:“(2) Amount allowed for certain refrigerators and clothes washers.—Refrigerators described in subsection (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be taken into account under paragraph (1).”.(e) Qualified Energy Efficient Appliances.—(1) In general.—Paragraph (1) of section 45M(f) is amended to read as follows:“(1) Qualified energy efficient appliance.—The term ‘qualified energy efficient appliance’ means—“(A) any dishwasher described in subsection (b)(1),“(B) any clothes washer described in subsection (b)(2), and“(C) any refrigerator described in subsection (b)(3).”.(2) Clothes washer.—Section 45M(f)(3) is amended by inserting “commercial” before “residential” the second place it appears.(3) Top-loading clothes washer.—Subsection (f) of section 45M is amended by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and by inserting after paragraph (3) the following new paragraph:“(4) Top-loading clothes washer.—The term ‘top-loading clothes washer’ means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.”.(4) Replacement of energy factor.—Section 45M(f)(6), as redesignated by paragraph (3), is amended to read as follows:“(6) Modified energy factor.—The term ‘modified energy factor’ means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.”.(5) Gallons per cycle; water consumption factor.—Section 45M(f), as amended by paragraph (3), is amended by adding at the end the following:“(9) Gallons per cycle.—The term ‘gallons per cycle’ means, with respect to a dishwasher, the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher.122 STAT. 3848“(10) Water consumption factor.—The term ‘water consumption factor’ means, with respect to a clothes washer, the quotient of the total weighted per-cycle water consumption divided by the cubic foot (or liter) capacity of the clothes washer.”.(f) Effective Date.—The amendments made by this section shall apply to appliances produced after December 31, 2007.