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Sunday, June 6, 2021

Oliver Sacks

From Wikipedia, the free encyclopedia
 
Oliver Sacks

A grey-haired Oliver Sacks with glasses, a beard and a blue shirt with three people in the background
Sacks at the 2009 Brooklyn Book Festival
Born
Oliver Wolf Sacks

9 July 1933
Cricklewood, London, England
Died30 August 2015 (aged 82)
Manhattan, New York City, US
NationalityBritish
EducationThe Queen's College, Oxford
Known forA series of nonfiction books on particularly interesting cases among his psychiatric and neurological patients
Medical career
ProfessionPhysician, professor, author, neurologist
InstitutionsNew York University
Columbia University
Albert Einstein College of Medicine
University of Warwick
Little Sisters of the Poor
Websiteoliversacks.com

Oliver Wolf Sacks, CBE FRCP (9 July 1933 – 30 August 2015) was a British neurologist, naturalist, historian of science, and writer. Born in Britain, Sacks received his medical degree from The Queen's College, Oxford in 1960, before moving to the United States, where he spent most of his career. He then interned at Mount Zion Hospital in San Francisco and completed his residency in neurology and neuropathology at the University of California, Los Angeles (UCLA). After a fellowship at the Albert Einstein College of Medicine, he served as neurologist at Beth Abraham Hospital's chronic-care facility in the Bronx, where he worked with a group of survivors of the 1920s sleeping sickness encephalitis lethargica, who had been unable to move on their own for decades. His treatment of those patients became the basis of his 1973 book Awakenings, which was adapted into an Academy Award-nominated film in 1990, starring Robin Williams and Robert De Niro.

His numerous other best-selling books were mostly collections of case studies of people, including himself, with neurological disorders. He also published hundreds of articles (both peer-reviewed scientific articles and articles for a general audience), not only articles about neurological disorders but also insightful book reviews and articles about the history of science, natural history, and nature. His writings have been featured in a wide range of media; The New York Times called him a "poet laureate of contemporary medicine," and "one of the great clinical writers of the 20th century." His books include a wealth of narrative detail about his experiences with his patients and his own experiences, and how patients and he coped with their conditions, often illuminating how the normal brain deals with perception, memory, and individuality. In addition to the information content, the beauty of his writing style is especially treasured by many of his readers. He and his book Musicophilia: Tales of Music and the Brain were the subject of "Musical Minds," an episode of the PBS series Nova.

Sacks was awarded a CBE for services to medicine in the 2008 Birthday Honours.

He once stated that the brain is the "most incredible thing in the universe." He became widely known for writing best-selling case histories about both his patients' and his own disorders and unusual experiences, with some of his books adapted for plays by major playwrights, feature films, animated short films, opera, dance, fine art, and musical works in the classical genre.

Early life

Oliver Wolf Sacks was born in Cricklewood, London, England, the youngest of four children born to Jewish parents: Samuel Sacks, a Lithuanian Jewish doctor (died June 1990), and Muriel Elsie Landau, one of the first female surgeons in England (died 1972), who was one of 18 siblings. Sacks had an extremely large extended family of eminent scientists, physicians and other notable individuals, including the director and writer Jonathan Lynn and first cousins, the Israeli statesman Abba Eban and the Nobel Laureate Robert Aumann.

In December 1939, when Sacks was six years old, he and his older brother Michael were evacuated from London to escape the Blitz, and sent to a boarding school in the Midlands where he remained until 1943. Unknown to his family, at the school, he and his brother Michael "... subsisted on meager rations of turnips and beetroot and suffered cruel punishments at the hands of a sadistic headmaster." This is detailed in his first autobiography, Uncle Tungsten: Memories of a Chemical Boyhood. Beginning with his return home at the age of 10, under his Uncle Dave's tutelage, he became an intensely focused amateur chemist. Later, he attended St Paul's School in London, where he developed lifelong friendships with Jonathan Miller and Eric Korn. During adolescence he shared an intense interest in biology with these friends, and later came to share his parents' enthusiasm for medicine. He entered The Queen's College, Oxford in 1951, obtaining a BA degree in physiology and biology in 1956.

Although not required, Sacks chose to stay on for an additional year to undertake research after he had taken a course by Hugh Macdonald Sinclair. Sacks recalls, "I had been seduced by a series of vivid lectures on the history of medicine and nutrition, given by Sinclair ... it was the history of physiology, the ideas and personalities of physiologists, which came to life." Sacks then became involved with the school's Laboratory of Human Nutrition under Sinclair. Sacks focused his research on Jamaica ginger, a toxic and commonly abused drug known to cause irreversible nerve damage. After devoting months to research he was disappointed by the lack of help and guidance he received from Sinclair. Sacks wrote up an account of his research findings but stopped working on the subject. As a result he became depressed: "I felt myself sinking into a state of quiet but in some ways agitated despair." His tutor at Queen's and his parents, seeing his lowered emotional state, suggested he extricate himself from academic studies for a period. His parents then suggested he spend the summer of 1955 living on Israeli kibbutz Ein HaShofet, where the physical labour would help him.

Sacks would later describe his experience on the kibbutz as an "anodyne to the lonely, torturing months in Sinclair's lab." He said he lost 60 pounds (27 kg) from his previously overweight body as a result of the healthy, hard physical labour he performed there. He spent time travelling around the country with time spent scuba diving at the Red Sea port city of Eilat, and began to reconsider his future: "I wondered again, as I had wondered when I first went to Oxford, whether I really wanted to become a doctor. I had become very interested in neurophysiology, but I also loved marine biology; ... But I was 'cured' now; it was time to return to medicine, to start clinical work, seeing patients in London."

Medical school

My pre-med studies in anatomy and physiology at Oxford had not prepared me in the least for real medicine. Seeing patients, listening to them, trying to enter (or at least imagine) their experiences and predicaments, feeling concerned for them, taking responsibility for them, was quite new to me ... It was not just a question of diagnosis and treatment; much graver questions could present themselves—questions about the quality of life and whether life was even worth living in some circumstances.

— Oliver Sacks

Sacks began medical school at Oxford University in 1956 and for the next two and a half years took courses in medicine, surgery, orthopaedics, paediatrics, neurology, psychiatry, dermatology, infectious diseases, obstetrics, and various other disciplines. During his years as a student, he helped home-deliver a number of babies. He received an MA degree and BM BCh degree in 1958. That December, he qualified for his internship, which would begin at Middlesex Hospital the following month. "My eldest brother, Marcus, had trained at the Middlesex," he said, "and now I was following his footsteps."

Before beginning his internship he said he first wanted some actual hospital experience to gain more confidence and took a job at a hospital in St Albans where his mother had worked as an emergency surgeon during the war. He then did his six-month internship at Middlesex Hospital's medical unit followed by another six months in its neurological unit. He completed his internship in June 1960 but was uncertain about his future.

Sacks left Britain and flew to Montreal, Canada, on 9 July 1960, his 27th birthday. He visited the Montreal Neurological Institute and the Royal Canadian Air Force (RCAF), telling them that he wanted to be a pilot. After some interviews and checking his background, they told him he would be best in medical research. But as he kept making mistakes, like losing data of several months of research, destroying irreplaceable slides and losing biological samples, his supervisors had second thoughts about him. Dr. Taylor, the head medical officer, told him, "You are clearly talented and we would love to have you, but I am not sure about your motives for joining." He was told to travel for a few months and reconsider. He used the next three months to travel across Canada and deep into the Canadian Rockies, which he described in his personal journal, later published as Canada: Pause, 1960.

He then made his way to the United States, completing an internship at Mt. Zion Hospital in San Francisco and a residency neurology and neuropathology at UCLA. While there, Sacks became a lifelong close friend of poet Thom Gunn, saying he loved his wild imagination, his strict control, and perfect poetic form. During much of his time at UCLA, he lived in a rented house in Topanga Canyon and experimented with various recreational drugs. He described some of his experiences in a 2012 New Yorker article, and in his book Hallucinations. During his early career in California and New York City he indulged in:

staggering bouts of pharmacological experimentation, underwent a fierce regimen of bodybuilding at Muscle Beach (for a time he held a California record, after he performed a full squat with 600 pounds across his shoulders), and racked up more than 100,000 leather-clad miles on his motorcycle. And then one day he gave it all up—the drugs, the sex, the motorcycles, the bodybuilding.

He wrote that after moving to New York City, an amphetamine-facilitated epiphany that came as he read a book by the 19th century migraine doctor Edward Liveing inspired him to chronicle his observations on neurological diseases and oddities; to become the "Liveing of our Time". Though he would remain a resident of the United States for the rest of his life, he never became a citizen. He told The Guardian in a 2005 interview, "In 1961, I declared my intention to become a United States citizen, which may have been a genuine intention, but I never got round to it. I think it may go with a slight feeling that this was only an extended visit. I rather like the words 'resident alien'. It's how I feel. I'm a sympathetic, resident, sort of visiting alien."

Career

Sacks served as an instructor and later clinical professor of neurology at Yeshiva University's Albert Einstein College of Medicine from 1966 to 2007, and also held an appointment at the New York University School of Medicine from 1992 to 2007. In July 2007 he joined the faculty of Columbia University Medical Center as a professor of neurology and psychiatry. At the same time he was appointed Columbia University's first "Columbia University Artist" at the university's Morningside Heights campus, recognising the role of his work in bridging the arts and sciences. He was also a visiting professor at the University of Warwick in the UK. He returned to New York University School of Medicine in 2012, serving as a professor of neurology and consulting neurologist in the school's epilepsy centre.

Sacks's work at Beth Abraham Hospital helped provide the foundation on which the Institute for Music and Neurologic Function (IMNF) is built; Sacks was an honorary medical advisor. The Institute honoured Sacks in 2000 with its first Music Has Power Award. The IMNF again bestowed a Music Has Power Award on him in 2006 to commemorate "his 40 years at Beth Abraham and honour his outstanding contributions in support of music therapy and the effect of music on the human brain and mind."

Sacks maintained a busy hospital-based practice in New York City. He accepted a very limited number of private patients, in spite of being in great demand for such consultations. He served on the boards of the Neurosciences Institute and the New York Botanical Garden

Writing

In 1967 Sacks first began to write of his experiences with some of his neurological patients. His first such book, Ward 23, was burned by Sacks during an episode of self-doubt. His books have been translated into over 25 languages. In addition, Sacks was a regular contributor to The New Yorker, the New York Review of Books, The New York Times, London Review of Books and numerous other medical, scientific and general publications. He was awarded the Lewis Thomas Prize for Writing about Science in 2001.

Sacks's work is featured in a "broader range of media than those of any other contemporary medical author" and in 1990, the New York Times wrote he "has become a kind of poet laureate of contemporary medicine".

Sacks considered his literary style to have grown out of the tradition of 19th century "clinical anecdotes", a literary style that included detailed narrative case histories, which he termed novelistic. He also counted among his inspirations the case histories of the Russian neuropsychologist A. R. Luria, who became a close friend through correspondence from 1973 to 1977, when Dr. Luria died. After the publication of his first book Migraine in 1970, a review by his close friend W. H. Auden encouraged Sacks to adapt his writing style to "be metaphorical, be mythical, be whatever you need."

Sacks described his cases with a wealth of narrative detail, concentrating on the experiences of the patient (in the case of his A Leg to Stand On, the patient was himself). The patients he described were often able to adapt to their situation in different ways despite the fact that their neurological conditions were usually considered incurable. His book Awakenings, upon which the 1990 feature film of the same name is based, describes his experiences using the new drug levodopa on post-encephalitic patients at the former Beth Abraham Hospital, currently Beth Abraham Center for Rehabilitation and Nursing, Allerton Ave, in The Northeast Bronx, NY. Awakenings was also the subject of the first documentary made (in 1974) for the British television series Discovery. Tobias Picker composed a ballet inspired by Awakenings for the Rambert Dance Company, which was premiered by Rambert in Salford, UK in 2010; Picker, commissioned by The Opera Theatre of Saint Louis, also made an opera of Awakenings with a libretto by Aryeh Lev Stollman.

In his book A Leg to Stand On he wrote about the consequences of a near-fatal accident he had at age 41 in 1974, a year after the publication of Awakenings, when he fell off a cliff and severely injured his left leg while mountaineering alone above Hardangerfjord, Norway.

In some of his other books, he describes cases of Tourette syndrome and various effects of Parkinson's disease. The title article of The Man Who Mistook His Wife for a Hat describes a man with visual agnosia and was the subject of a 1986 opera by Michael Nyman. The title article of his book, An Anthropologist on Mars, which won a Polk Award for magazine reporting, is about Temple Grandin, an autistic professor. He writes in the book's preface that neurological conditions such as autism "can play a paradoxical role, by bringing out latent powers, developments, evolutions, forms of life that might never be seen, or even be imaginable, in their absence". Seeing Voices, Sacks's 1989 book, covers a variety of topics in deaf studies. The romantic drama film At First Sight (1999) was based on the essay "To See and Not See" in An Anthropologist on Mars.

In his book The Island of the Colorblind Sacks wrote about an island where many people have achromatopsia (total colourblindness, very low visual acuity and high photophobia). The second section of this book, entitled Cycad Island, describes the Chamorro people of Guam, who have a high incidence of a neurodegenerative disease locally known as Lytico-Bodig disease (a devastating combination of ALS, dementia and parkinsonism). Later, along with Paul Alan Cox, Sacks published papers suggesting a possible environmental cause for the disease, namely the toxin beta-methylamino L-alanine (BMAA) from the cycad nut accumulating by biomagnification in the flying fox bat.

In November 2012 Sacks's book Hallucinations was published. In it he examined why ordinary people can sometimes experience hallucinations and challenged the stigma associated with the word. He explained: "Hallucinations don't belong wholly to the insane. Much more commonly, they are linked to sensory deprivation, intoxication, illness or injury." He also considers the less well known Charles Bonnet syndrome, sometimes found in people who have lost their eyesight. The book was described by Entertainment Weekly as: "Elegant... An absorbing plunge into a mystery of the mind."

Sacks sometimes faced criticism in the medical and disability studies communities. Arthur K. Shapiro, for instance, an expert on Tourette syndrome, said Sacks's work was "idiosyncratic" and relied too much on anecdotal evidence in his writings. Researcher Makoto Yamaguchi thought Sacks's mathematical explanations, in his study of the numerically gifted savant twins (in The Man Who Mistook His Wife for a Hat), were irrelevant, and questioned Sacks's methods. Although Sacks has been characterised as a "compassionate" writer and doctor, others have felt that he exploited his subjects. Sacks was called "the man who mistook his patients for a literary career" by British academic and disability rights activist Tom Shakespeare, and one critic called his work "a high-brow freak show". Sacks responded, "I would hope that a reading of what I write shows respect and appreciation, not any wish to expose or exhibit for the thrill ... but it's a delicate business."

He is also the author of The Mind's Eye, Oaxaca Journal and On the Move: A Life (his second autobiography).

Before his death in 2015 Sacks founded the Oliver Sacks Foundation, a nonprofit organization established to increase understanding of the brain through using narrative nonfiction and case histories, with goals that include publishing some of Sacks's unpublished writings, and making his vast amount of unpublished writings available for scholarly study. His first posthumous book, River of Consciousness, an anthology of his essays, was published in October 2017. Most of the essays had been previously published in various periodicals or in science-essay-anthology books, and are no longer readily obtainable. Sacks specified the order of his essays in River of Consciousness prior to his death. Some of the essays focus on repressed memories and other tricks the mind plays on itself. His next posthumous book will be a collection of some of his letters. Sacks was a prolific handwritten-letter correspondent and he never communicated by e-mail.

Honours

In 1996 Sacks became a member of the American Academy of Arts and Letters (Literature). He was named a Fellow of the New York Academy of Sciences in 1999. Also in 1999 he became an Honorary Fellow at the Queen's College, Oxford. In 2000 Sacks received the Golden Plate Award of the American Academy of Achievement. In 2002 he became Fellow of the American Academy of Arts and Sciences (Class IV—Humanities and Arts, Section 4—Literature) and he was awarded the 2001 Lewis Thomas Prize by Rockefeller University. Sacks was also a Fellow of the Royal College of Physicians (FRCP).

Sacks was awarded honorary doctorates from Georgetown University (1990), College of Staten Island (1991), Tufts University (1991), New York Medical College (1991), Medical College of Pennsylvania (1992), Bard College (1992), Queen's University at Kingston (2001), Gallaudet University (2005), University of Oxford (2005), Pontificia Universidad Católica del Perú (2006) and Cold Spring Harbor Laboratory (2008).

Oxford University awarded him an honorary Doctor of Civil Law degree in June 2005.

Sacks received the position "Columbia Artist" from Columbia University in 2007, a post that was created specifically for him and that gave him unconstrained access to the university, regardless of department or discipline.

In 2008 Sacks was appointed Commander of the Order of the British Empire (CBE), for services to medicine, in the Queen's Birthday Honours.

The minor planet 84928 Oliversacks, discovered in 2003, was named in his honour.

In February 2010 Sacks was named as one of the Freedom From Religion Foundation's Honorary Board of distinguished achievers. He described himself as "an old Jewish atheist", a phrase borrowed from his friend Jonathan Miller.

Personal life

Sacks never married and lived alone for most of his life. He declined to share personal details until late in his life. He addressed his homosexuality for the first time in his 2015 autobiography On the Move: A Life. Celibate for about 35 years since his forties, in 2008 he began a friendship with writer and New York Times contributor Bill Hayes. Their friendship slowly evolved into a committed long-term partnership that lasted until Sacks's death; Hayes wrote about it in the 2017 memoir Insomniac City: New York, Oliver, and Me.

In Lawrence Weschler's biography And How Are You, Dr. Sacks? he is described by a colleague as "deeply eccentric". A friend from his days as a medical resident mentions Sacks' need to cross taboos, like drinking blood mixed with milk, and how he was deeply into drugs like LSD and speed in the early 60s. Sacks himself shared personal information about how he got his first orgasm spontaneously while floating in a swimming pool, and later when he was giving a man a massage. He also admits having "erotic fantasies of all sorts" in a natural history museum he visited often in his youth, many of them about animals, like hippos in the mud.

Sacks noted in a 2001 interview that severe shyness, which he described as "a disease", had been a lifelong impediment to his personal interactions. He believed his shyness stemmed from his prosopagnosia, popularly known as "face blindness", a condition that he studied in some of his patients, including the titular man from his work The Man Who Mistook His Wife for a Hat. This neurological disability of his, whose severity and life-impacts Sacks did not fully grasp until he reached middle age, even prevented him from recognising his own reflection in mirrors.

Sacks swam almost daily for most of his life, beginning when his swimming-champion father started him swimming as an infant. He especially became publicly well known for swimming when he lived in the City Island section of the Bronx, as he would routinely swim around the entire island, or swim vast distances away from the island and back.

Illness and death

Sacks underwent radiation therapy in 2006 for a uveal melanoma in his right eye. He discussed his loss of stereoscopic vision caused by the treatment, which eventually resulted in right-eye blindness, in an article and later in his book The Mind's Eye.

In January 2015 metastases from the ocular tumour were discovered in his liver. Sacks announced this development in a February 2015 New York Times op-ed piece and estimated his remaining time in "months". He expressed his intent to "live in the richest, deepest, most productive way I can". He added: "I want and hope in the time that remains to deepen my friendships, to say farewell to those I love, to write more, to travel if I have the strength, to achieve new levels of understanding and insight."

Sacks died from the disease on 30 August 2015 at his home in Manhattan at the age of 82, surrounded by his closest friends.

Bibliography

Books

Saturday, June 5, 2021

Energy Policy Act of 2005

From Wikipedia, the free encyclopedia
 
George W. Bush signing the Energy Policy Act of 2005, which was designed to promote US nuclear reactor construction, through incentives and subsidies, including cost-overrun support up to a total of $2 billion for six new nuclear plants.

The Energy Policy Act of 2005 (Pub.L. 109–58 (text) (pdf)) is a federal law signed by President George W. Bush on August 8, 2005, at Sandia National Laboratories in Albuquerque, New Mexico. The act, described by proponents as an attempt to combat growing energy problems, changed US energy policy by providing tax incentives and loan guarantees for energy production of various types. The law also exempted hydraulic fracturing fluids from regulation under several environmental laws, and it repealed the Public Utility Holding Company Act of 1935, effective February 2006.

Provisions

General provisions

  • The law exempted fluids used in the natural gas extraction process of hydraulic fracturing (fracking) from protections under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and CERCLA ("Superfund").
  • Under an amendment in the American Recovery and Reinvestment Act of 2009, Section 406, the Energy Policy Act of 2005 authorizes loan guarantees for innovative technologies that avoid greenhouse gases, which might include advanced nuclear reactor designs, such as pebble bed modular reactors (PBMRs) as well as carbon capture and storage and renewable energy;
  • the Act increases the amount of biofuel (usually ethanol) that must be mixed with gasoline sold in the United States to 4 billion US gallons (15,000,000 m3) by 2006, 6.1 billion US gallons (23,000,000 m3) by 2009 and 7.5 billion US gallons (28,000,000 m3) by 2012; two years later, the Energy Independence and Security Act of 2007 extended the target to 36 billion US gallons (140,000,000 m3) by 2022.
  • it seeks to increase coal as an energy source while also reducing air pollution, through authorizing $200 million annually for clean coal initiatives, repealing the current 160-acre (0.65 km2) cap on coal leases, allowing the advanced payment of royalties from coal mines and requiring an assessment of coal resources on federal lands that are not national parks;
  • it authorizes tax credits for wind and other alternative energy producers;
  • it adds ocean energy sources, including wave and tidal power for the first time as separately identified, renewable technologies;
  • it authorizes $50 million annually over the life of the law for biomass grants;
  • it includes provisions aimed at making geothermal energy more competitive with fossil fuels in generating electricity;
  • it requires the Department of Energy to:
  • it authorizes the Department of the Interior to grant leases for activity that involves the production, transportation or transmission of energy on the Outer Continental Shelf lands from sources other than gas and oil (Section 388);
  • it requires all public electric utilities to offer net metering on request to their customers;
  • it prohibits the manufacture and importation of mercury-vapor lamp ballasts after January 1, 2008;
  • it provides tax breaks for those making energy conservation improvements to their homes;
  • it provides incentives to companies to drill for oil in the Gulf of Mexico;
  • it exempts oil and gas producers from certain requirements of the Safe Drinking Water Act;
  • it extends the daylight saving time by four to five weeks, depending upon the year (see below);
  • it requires that no drilling for gas or oil may be done in or underneath the Great Lakes;
  • it requires that the Federal Fleet vehicles capable of operating on alternative fuels be operated on these fuels exclusively (Section 701);
  • it sets federal reliability standards regulating the electrical grid (done in response to the 2003 North America blackout);
  • it includes nuclear-specific provisions;
    • it extends the Price-Anderson Nuclear Industries Indemnity Act through 2025;
    • it authorizes cost-overrun support of up to $2 billion total for up to six new nuclear power plants;
    • it authorizes production tax credit of up to $125 million total a year, estimated at 1.8 US¢/kWh during the first eight years of operation for the first 6.000 MW of capacity, consistent with renewables;
    • it authorizes loan guarantees of up to 80% of project cost to be repaid within 30 years or 90% of the project's life;
    • it authorizes $2.95 billion for R&D and the building of an advanced hydrogen cogeneration reactor at Idaho National Laboratory;
    • it authorizes 'standby support' for new reactor delays that offset the financial impact of delays beyond the industry's control for the first six reactors, including 100% coverage of the first two plants with up to $500 million each and 50% of the cost of delays for plants three through six with up to $350 million each for;
    • it allows nuclear plant employees and certain contractors to carry firearms;
    • it prohibits the sale, export or transfer of nuclear materials and "sensitive nuclear technology" to any state sponsor of terrorist activities;
    • it updates tax treatment of decommissioning funds;
  • it directs the Secretary of the Interior to complete a programmatic environmental impact statement for a commercial leasing program for oil shale and tar sands resources on public lands with an emphasis on the most geologically prospective lands within each of the states of Colorado, Utah, and Wyoming.

Tax reductions by subject area

Change to daylight saving time

The law amended the Uniform Time Act of 1966 by changing the start and end dates of daylight saving time, beginning in 2007. Clocks were set ahead one hour on the second Sunday of March (March 11, 2007) instead of on the first Sunday of April (April 1, 2007). Clocks were set back one hour on the first Sunday in November (November 4, 2007), rather than on the last Sunday of October (October 28, 2007). This had the net effect of slightly lengthening the duration of daylight saving time.

Lobbyists for this provision included the Sporting Goods Manufacturers Association, the National Association of Convenience Stores, and the National Retinitis Pigmentosa Foundation Fighting Blindness.

Lobbyists against this provision included the U.S. Conference of Catholic Bishops, the United Synagogue of Conservative Judaism, the National Parent-Teacher Association, the Calendaring and Scheduling Consortium, the Edison Electric Institute, and the Air Transport Association. This section of the act is controversial; some have questioned whether daylight saving results in net energy savings.

Commercial building deduction

The Act created the Energy Efficient Commercial Buildings Tax Deduction, a special financial incentive designed to reduce the initial cost of investing in energy-efficient building systems via an accelerated tax deduction under section §179D of the Internal Revenue Code (IRC) Many building owners are unaware that the [Policy Act of 2005] includes a tax deduction (§179D) for investments in "energy efficient commercial building property" designed to significantly reduce the heating, cooling, water heating and interior lighting cost of new or existing commercial buildings placed into service between January 1, 2006 and December 31, 2013. §179D includes full and partial tax deductions for investments in energy efficient commercial building that are designed to increase the efficiency of energy-consuming functions. Up to $.60 for lighting, $.60 for HVAC and $.60 for building envelope, creating a potential deduction of $1.80 per sq/ft. Interior lighting may also be improved using the Interim Lighting Rule, which provides a simplified process to earn the Deduction, capped at $0.30-$0.60/square foot. Improvements are compared to a baseline of ASHRAE 2001 standards.

To obtain these benefits the facilities/energy division of a business, its tax department, and a firm specializing in EPAct 179D deductions needed to cooperate. IRS mandated software had to be used and an independent 3rd party had to certify the qualification. For municipal buildings, benefits were passed through to the primary designers/architects in an attempt to encourage innovative municipal design.

The Commercial Buildings Tax Deduction expiration date had been extended twice, last by the Energy Improvement and Extension Act of 2008. With this extension, the CBTD could be claimed for qualifying projects completed before January 1, 2014.

Energy management

The commercial building tax deductions could be used to improve the payback period of a prospective energy improvement investment. The deductions could be combined by participating in demand response programs where building owners agree to curtail usage at peak times for a premium. The most common qualifying projects were in the area of lighting.

Energy savings

Summary of Energy Savings Percentages Provided by IRS Guidance

Percentages permitted under Notice 2006-52 (Effective for property placed in service January 1, 2006 – December 31, 2008)

  • Interior Lighting Systems 16⅔%,
  • Heating, Cooling, Ventilation, and Hot Water Systems 16⅔%,
  • Building Envelope 16⅔%.

Percentages permitted under Notice 2008-40 (Effective for property placed in service January 1, 2006 – December 31, 2013)

  • Interior Lighting Systems 20%,
  • Heating, Cooling, Ventilation, and Hot Water Systems 20%,
  • Building Envelope 10%.

Percentages permitted under Notice 2012-22

  • Interior Lighting Systems 25%,
  • Heating, Cooling, Ventilation, and Hot Water Systems 15%,
  • Building Envelope 10%.

Effective date of Notice 2012-22 – December 31, 2013; if §179D is extended beyond December 31, 2013, is also effective (except as otherwise provided in an amendment of §179D or the guidance thereunder) during the period of the extension.

Cost estimate

The Congressional Budget Office (CBO) review of the conference version of the bill estimated the Act would increase direct spending by $2.2 billion over the 2006-2010 period, and by $1.6 billion over the 2006-2015 period. The CBO did not attempt to estimate additional effects on discretionary spending. The CBO and the Joint Committee on Taxation estimated that the legislation would reduce revenues by $7.9 billion over the 2005-2010 period and by $12.3 billion over the 2005-2015 period.

Support

The collective reduction in national consumption of energy (gas and electricity) is significant for home heating. The Act provided gible financial incentives (tax credits) for average homeowners to make environmentally positive changes to their homes. It made improvements to home energy use more affordable for walls, doors, windows, roofs, water heaters, etc. Consumer spending, and hence the national economy, was abetted. Industry grew for manufacture of these environmentally positive improvements. These positive improvements have been near and long-term in effect.

The collective reduction in national consumption of oil is significant for automotive vehicles. The Act provided tangible financial incentives (tax credits) for operators of hybrid vehicles. It helped fuel competition among auto makers to meet rising demands for fuel-efficient vehicles. Consumer spending, and hence the national economy, was abetted. Dependence on imported oil was reduced. The national trade deficit was improved. Industry grew for manufacture of these environmentally positive improvements. These positive improvements have been near and long-term in effect.

Criticism

  • The Washington Post contended that the spending bill was a broad collection of subsidies for United States energy companies; in particular, the nuclear and oil industries.
  • Speaking for the National Republicans for Environmental Protection Association, President Martha Marks said that the organization was disappointed in the law because it did not support conservation enough, and continued to subsidize the well-established oil and gas industries that didn't require subsidizing.
  • The law did not include provisions for drilling in the Arctic National Wildlife Refuge (ANWR); some Republicans claimed "access to the abundant oil reserves in ANWR would strengthen America's energy independence without harming the environment."
  • Senator Hillary Clinton criticized Senator Barack Obama's vote for the bill in the 2008 Democratic Primary.
  • The law exempted fluids used in the natural gas extraction process of hydraulic fracturing (fracking) from protections under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and CERCLA. It created a loophole that exempts companies drilling for natural gas from disclosing the chemicals involved in fracking operations that would normally be required under federal clean water laws. This exclusion has been called the "Halliburton Loophole". Halliburton is the world's largest provider of hydraulic fracturing services. The measure was a response to a recommendation from the Energy Task Force, chaired by Vice President Dick Cheney in 2001. (Cheney had been Chairman and CEO of Halliburton from 1995 to 2000.)

Legislative history

The Act was voted on and passed twice by the United States Senate, once prior to conference committee, and once after. In both cases, there were numerous senators who voted against the bill. John McCain, the Republican Party nominee for President of the United States in the 2008 election voted against the bill. Democrat Barack Obama, President of the United States from January 2009 to January 2017, voted in favor of the bill.

Provisions in the original bill that were not in the act

To remove from 18 CFR Part 366.1 the definitions of "electric utility company" and exempt wholesale generator (EWG), that an EWG is not an electric utility company.

Preliminary Senate vote

June 28, 2005, 10:00 a.m. Yeas - 85, Nays - 12

Conference committee

The bill's conference committee included 14 Senators and 51 House members. The senators on the committee were: Republicans Domenici, Craig, Thomas, Alexander, Murkowski, Burr, Grassley and Democrats Bingaman, Akaka, Dorgan, Wyden, Johnson, and Baucus.

Final Senate vote

July 29, 2005, 12:50 p.m. Yeas - 74, Nays - 26

Legislative history

Energy Policy Act of 2005
Great Seal of the United States
Other short titles
  • Coal Leasing Amendments Act of 2005
  • Electricity Modernization Act of 2005
  • Energy Policy Tax Incentives Act of 2005
  • Energy Research, Development, Demonstration, and Commercial Application Act of 2005
  • Energy Tax Incentives Act of 2005
  • Federal Reformulated Fuels Act of 2005
  • Indian Tribal Energy Development and Self-Determination Act of 2005
  • EPAct 2005
  • John Rishel Geothermal Steam Act Amendments of 2005
  • National Geological and Geophysical Data Preservation Program Act of 2005
  • No Oil Producing and Exporting Cartels Act of 2005
  • NOPEC
  • Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005
  • Price-Anderson Amendments Act of 2005
  • Public Utility Holding Company Act of 2005
  • SAFE Act
  • Set America Free Act of 2005
  • Spark M. Matsunaga Hydrogen Act of 2005
  • Underground Storage Tank Compliance Act
Long titleAn Act to ensure jobs for our future with secure, affordable, and reliable energy.
Enacted bythe 109th United States Congress
EffectiveAugust 8, 2005
Citations
Public law109-58
Statutes at Large119 Stat. 594
Codification
Acts amendedEnergy Policy Act of 1992
Public Utility Regulatory Policies Act (PURPA) of 1978
Acts repealedPublic Utility Holding Company Act of 1935
Titles amended16 U.S.C.: Conservation
42 U.S.C.: Public Health and Social Welfare
U.S.C. sections created42 U.S.C. ch. 149 § 15801 et seq.
U.S.C. sections amended16 U.S.C. ch. 46 § 2601 et seq.
42 U.S.C. ch. 134 § 13201 et seq.
Legislative history
Major amendments
American Recovery and Reinvestment Act of 2009
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010
Stage House of Representatives Senate
Initial Debate
Introduction April 18, 2005 June 11
Committed April 18 June 14
Committee Name(s) Energy and Commerce
Education and the Workforce
Financial Services
Agriculture
Resources
Science
Ways and Means
Transportation and Infrastructure

Committee Stage April 18 to 19
Committee Report April 19
Floor Debate April 19 to 21 June 14 to 23

Cloture invoked June 23,

Passage April 21, June 28,
Conference Stage
Conference Demanded/Accepted July 13 July 1
Conference Meetings July 14 to 24
Report Filed July 27
Final Passage
Final Debate July 28 July 28 to 29
Budget Act waived, July 29,
Concurrence and Passage July 28 July 29
Presented to President August 4
Signed August 8

 

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