Can I apply for the accelerated tax deduction, even if the building upgrades do not result in energy savings?

Yes. While this is a very unlikely situation, it is theoretically possible. The deduction depends on watts-per-square-foot (lighting power density) of the final system, regardless of the original watts-per-square-foot calculation. For example, it may be possible to replace the lighting in a poorly lighted space with new energy efficient fixtures providing a much higher light level and still qualify for a tax deduction, even though the old inefficient system and the new efficient system use the same amount of power. In this rare case, both the old and new systems would be designed at least 25% below 2001 energy code standards.  more