# § 136. Energy conservation subsidies provided by public utilities
**(a)** **Exclusion** Gross income shall not include the value of any subsidy provided (directly or indirectly) by a public utility to a customer for the purchase or installation of any energy conservation measure.
**(b)** **Denial of double benefit** Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any subsidy which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property.
**(c)** **Energy conservation measure**
**(1)** **In general** For purposes of this section, the term “energy conservation measure” means any installation or modification primarily designed to reduce consumption of electricity or natural gas or to improve the management of energy demand with respect to a dwelling unit.
**(2)** **Other definitions** For purposes of this subsection—
**(A)** **Dwelling unit** The term “dwelling unit” has the meaning given such term by section 280A(f)(1).
**(B)** **Public utility** The term “public utility” means a person engaged in the sale of electricity or natural gas to residential, commercial, or industrial customers for use by such customers. For purposes of the preceding sentence, the term “person” includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing.
**(d)** **Exception** This section shall not apply to any payment to or from a qualified cogeneration facility or qualifying small power production facility pursuant to section 210 of the Public Utility Regulatory Policy Act of 1978.
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**Source Credit**: (Added Pub. L. 102–486, title XIX, § 1912(a), Oct. 24, 1992, 106 Stat. 3014; amended Pub. L. 104–188, title I, § 1617(a), (b), Aug. 20, 1996, 110 Stat. 1858.)
## Editorial Notes
### References in Text
Section 210 of the Public Utility Regulatory Policy Act of 1978, referred to in subsec. (d), probably means section 210 of the Public Utility Regulatory Policies Act of 1978, , which is classified to , Conservation.
### Prior Provisions
A prior section 136 was renumbered .
### Amendments
1996—Subsec. (a). , reenacted heading without change and amended text generally, substituting present provisions for former provisions which consisted of general exclusion in par. (1) and limitation for exclusion on nonresidential property in par. (2).
Subsec. (c)(1). , substituted “energy demand with respect to a dwelling unit.” for “energy demand—
“(A) with respect to a dwelling unit, and
“(B) on or after , with respect to property other than dwelling units.
The purchase and installation of specially defined energy property shall be treated as an energy conservation measure described in subparagraph (B).”
Subsec. (c)(2). , struck out “and special rules” after “definitions” in heading, redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which related to “specially defined energy property”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1996 Amendment
> “The amendments made by this section [amending this section] shall apply to amounts received after
>
> , unless received pursuant to a written binding contract in effect on
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> , and at all times thereafter.”
, , , provided that:
### Effective Date
> “The amendments made by this section [enacting this section and renumbering former section 136 as 137] shall apply to amounts received after
>
> .”
, , , provided that: