Airborne Act of 2024

Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

For purposes of section 38, the indoor air quality credit determined under this section for the taxable year is an amount equal to the sum of—

(A) the applicable amount paid or incurred during such taxable year for a qualified indoor air quality assessment of a qualifying property, plus

(B) the applicable amount with respect to any qualified air filter upgrade or qualified HVAC upgrade placed in service at such qualifying property during such taxable year.

For purposes of paragraph (1), the applicable amount is—

(A) in the case of a qualified indoor air quality assessment, $1 per square foot of property affected by such upgrade,

(B) in the case of a qualified air filter upgrade, $5 per square foot of property affected by such upgrade, and

(C) in the case of a qualified HVAC upgrade, $50 per square foot of property affected by such upgrade.

For purposes of this section—

The term qualified indoor air quality assessment means an assessment of air quality carried out pursuant to the standards described in subsection (c)(1).

The term qualified air filter upgrade means a new air filter or an air filter repair which—

(A) is placed in service after the date of the enactment of this section at a commercial or public property with respect to which a qualified indoor air quality assessment is completed,

(B) is certified pursuant to subsection (c)(2) to bring the commercial or public property on which it is installed into compliance into compliance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 62.1–2022, along with the use of filters and air cleaners that achieve a Minimum Efficiency Reporting Value (MERV) rating of 13 or better levels of performance for air recirculated by HVAC systems, and

(C) is designed to minimize ventilation energy use by using the Indoor Air Quality Procedure in Section 6.3 of ANSI/ASHRAE Standard 62.1–2022 when it is more energy efficient and no more expensive than the alternative Ventilation Rate Procedure in Section 6.2 of Standard ANSI/ASHRAE 62.1–2022.

The term qualified HVAC upgrade means a new heating, ventilation, and air conditioning system (HVAC) or HVAC repair which is—

(A) placed in service after the date of the enactment of this section at a commercial or public property with respect to which a qualified indoor air quality assessment is completed,

(B) is certified pursuant to subsection (c)(3) to bring the commercial or public property on which it is installed into compliance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 62.1–2022, along with the use of filters and air cleaners that achieve a Minimum Efficiency Reporting Value (MERV) rating of 13 or better levels of performance for air recirculated by HVAC systems, and

(C) is designed to minimize ventilation energy use by using the Indoor Air Quality Procedure in Section 6.3 of ANSI/ASHRAE Standard 62.1–2022 when it is more energy efficient and no more expensive than the alternative Ventilation Rate Procedure in Section 6.2 of ANSI/ASHRAE Standard 62.1–2022.

The term qualifying property means commercial property, public property, or property owned by an organization described in section 501(c)(3) and exempt from tax under section 501(a).

The Secretary shall, after consultation with the Secretary of Energy or the Administrator of the Environmental Protection Agency, as appropriate, prescribe by regulations standards for—

(1) carrying out qualified indoor air quality assessments,

(2) certifying air filter upgrades as qualified air filter upgrades, and

(3) certifying HVAC upgrades as qualified HVAC upgrades.

The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed 50 percent of the total amount expended by the taxpayer during such taxable year for qualified air filter upgrades or qualified HVAC upgrades.

The credit allowed under this section with respect to any taxpayer for any taxable year with respect to qualified indoor air quality assessments shall not exceed the amounts paid or incurred with respect to such assessments.

In the case of qualified indoor air quality assessments, qualified air filter upgrades, or qualified HVAC upgrades conducted on or in property owned by a 501(c)(3) organization or by a Federal, State, or local government or a political subdivision thereof, credits with respect to such assessments and upgrades may be allocated, under such regulations as the Secretary shall prescribe, to the person primarily responsible for designing the property. Such person shall be treated as the taxpayer for purposes of this credit.

For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed.

No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section.

Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (40), by striking the period at the end of paragraph (41) and inserting, plus, and by adding at the end the following new paragraph:

(42) the indoor air quality credit determined under section 45BB.

The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item:

The amendments made by this section shall apply to amounts paid or incurred after December 31, 2024, in taxable years ending after such date.