[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38732-38734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13859]
[[Page 38732]]
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DEPARTMENT OF ENERGY
Notice of Availability of State, Local, and Tribal Allocation
Formulas for the Energy Efficiency and Conservation Block Grant Program
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of availability.
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SUMMARY: The Department of Energy (DOE or the Department) is publishing
three allocation formulas that will be used to distribute funds to
local governments, states, and Indian tribes through the Energy
Efficiency and Conservation Block Grant Program (EECBG Program or
Program), as required by the Program's authorizing legislation, Title
V, Subtitle E of the Energy Independence and Security Act of 2007. The
purpose of the EECBG Program is to assist eligible entities in
implementing strategies to reduce fossil fuel emissions, to reduce
total energy use, and to improve energy efficiency. This notice
provides the allocation formulas established by the Department to
distribute funds to eligible entities.
FOR FURTHER INFORMATION CONTACT: Mr. Adam Guzzo, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy,
Weatherization and Intergovernmental Programs Office, EE-5W, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
287-1585. Email: [email protected]. Electronic communications are
recommended for correspondence.
SUPPLEMENTARY INFORMATION:
I. Introduction
DOE is publishing the formulas for allocating EECBG Program funding
to eligible units of local government, states, and Indian tribes as
required by section 543(e) of the Program's authorizing legislation,
Title V, Subtitle E of the Energy Independence and Security Act of 2007
(EISA), as amended.\1\ Through section 40552(b) of the Infrastructure
Investment and Jobs Act of 2021 (IIJA), Public Law 117-58, Congress
appropriated $550 million to the EECBG Program for fiscal year 2022, to
remain available until expended.
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\1\ 42 U.S.C. 17153(e).
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The EECBG Program provides Federal grants to states, units of local
government, and Indian tribes to assist eligible entities in
implementing strategies to reduce fossil fuel emissions, to reduce
total energy use, and to improve energy efficiency.\2\ Of the amounts
appropriated by IIJA, DOE will allocate funds as prescribed in section
543 of EISA:
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\2\ 42 U.S.C. 17152.
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34% to eligible units of local government-alternative 1
through formula grants;
34% to eligible units of local government-alternative 2
through formula grants;
28% to states through formula grants;
2% to Indian tribes through formula grants; and
2% for competitive grants to ineligible local governments
and Indian tribes.\3\
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\3\ 42 U.S.C. 17153(a).
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This notice describes the three allocation formulas that DOE will
use when issuing funds to eligible local governments, states, and
Indian tribes. The allocation formulas described in this notice take
into consideration feedback provided by state and local governments
during DOE hosted listening sessions in 2022, as well as feedback from
Indian tribes during a Tribal Consultation DOE hosted in 2022. In
addition, DOE established the allocation formulas in alignment with the
allocation formulas DOE used for the EECBG Program previously under the
American Recovery and Reinvestment Act of 2009, Public Law 111-5, to
the extent practicable. Appendices A-C of this notice provide the
mathematical formulas and data sources used by DOE when developing the
local government, state, and Tribal allocation formulas.
II. EECBG Local Government Allocation Formula
The EECBG Program provides grants to local governments in two
allocations as outlined in section 541(3) of EISA.\4\ The term
``eligible unit of local government-alternative 1'' (Local Government-
Alternative 1) means--(1) A city with a population--of at least 35,000;
or that causes the city to be 1 of the 10 highest populated cities of
the state in which the city is located; and (2) A county with a
population--of at least 200,000; or that causes the county to be 1 of
the 10 highest populated counties of the state in which the county is
located.\5\ The term ``eligible unit of local government-alternative
2'' (Local Government-Alternative 2) means--(1) A city with a
population of at least 50,000; or (2) A county with a population of at
least 200,000.\6\ Cities and counties eligible to receive an allocation
under the definition Local Government-Alternative 2 are also eligible
to receive an allocation under the definition Local Government-
Alternative 1. 74 FR 17461, 17463 (Apr. 15, 2009).
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\4\ 42 U.S.C. 17151(3).
\5\ 42 U.S.C. 17151(3)(A).
\6\ 42 U.S.C. 17151(3)(B).
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Formula Factors. Section 543(b) of EISA directs DOE to establish a
formula to distribute grant funding to eligible units of local
government according to the following factors: (1) The population
served by the local government, according to the latest available
decennial census; and (2) the daytime population of the local
government, and other similar factors determined by DOE (section
543(b)).\7\ As utilized previously under ARRA, the local government
allocation formula established by DOE for the EECBG Program uses the
following two weighted factors: the population served by the local
government weighted at 70.25%; and the daytime population of the local
government weighted at 29.75%. 74 FR 17461, 17463.
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\7\ 42 U.S.C. 17153(b).
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Funding Allocation Design: Local Government-Alternative 1--34%.
Local governments eligible under the definition Local Government-
Alternative 1 receive 34% of the grant funding available through
section 40552(b) of the IIJA. The formula sets a minimum level of
funding at $75,000. The formula allocates $75,000 to each eligible
local government and then distributes the remaining funds on a pro rata
basis via the weighted factors set in the formula.
Funding Allocation Design: Local Government-Alternative 2--34%.
Another 34% of the available grant funding is allocated to the subset
of local governments that are eligible under the definition of Local
Government-Alternative 2. There is no minimum level of funding for this
formula. All local governments eligible under the definition of Local
Government-Alternative 2 receive at least the minimum allocation
through the Local Government-Alternative 1 formula. The Local
Government-Alternative 2 formula apportions the funding to each local
government eligible under the definition of Local Government-
Alternative 2 on a pro rata basis via the weighted factors set in the
formula. The total allocation for each local government eligible under
the definition Local Government-Alternative 2 is equal to its
allocation from the Local Government-Alternative 1 formula plus its
allocation from the Local Government-Alternative 2 formula. For more
detail on the local government allocation formula, see Appendix A of
this notice.
[[Page 38733]]
III. EECBG State Allocation Formula
Under section 541(6) of EISA, the term `State' means: a state; the
District of Columbia; the Commonwealth of Puerto Rico; and any other
territory or possession of the United States.\8\
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\8\ 42 U.S.C. 17151(6).
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Formula Factors. EISA directs that, of the amount allocated for
states, DOE shall provide not less than 1.25% to each state, and the
remainder distributed among the states based on an allocation formula
established by the Department that takes into account the population of
each state and any other criteria that DOE determines to be
appropriate.\9\
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\9\ 42 U.S.C. 17153(c).
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The state allocation formula established by DOE for the EECBG
Program uses the following three equally weighted factors:
1. The total population for the state weighted at 33.33%;
2. The remaining population of the state after subtracting the
populations of all eligible local governments within the state weighted
at 33.33; and
3. Total state energy consumption, except for consumption in the
industrial sector, weighted at 33.33%.
Funding Allocation Design: State--28%. Eligible states receive 28%
of the grant funding available through section 40552(b) of the IIJA.
The formula provides a minimum funding allocation for states of 1.25%
of the total state allocation as mentioned previously. The formula
distributes the minimum amount of funding to each eligible state and
then distributes the remaining funds pro rata via the three weighted
factors set in the formula. For more detail on the state allocation
formula, see Appendix B of this notice.
IV. EECBG Tribal Allocation Formula
As defined by section 541(4) of EISA, `` `Indian tribe' has the
meaning given the term in the Indian Self-Determination and Education
Assistance Act.'' \10\ The Indian Self-Determination and Education
Assistance Act states that the term means any Indian tribe, band,
nation, or other organized group or community, including any Alaska
Native village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act (85
Stat. 688), which is recognized as eligible for the special programs
and services provided by the United States to Indians because of their
status as Indians.
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\10\ 42 U.S.C. 17151(4), referencing 25 U.S.C. 5304(e).
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Formula Factors. Section 543(d) of the EISA directs DOE to
establish a formula to distribute grant funding to eligible Indian
tribes taking into account any factors that the Secretary determines to
be appropriate.\11\ The Tribal allocation formula established by DOE
for the EECBG Program uses the following factor: Tribal population
weighted at 100%.
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\11\ 42 U.S.C. 17153(d).
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Funding Allocation Design: Tribal--2%. Eligible Indian tribes
receive 2% of the grant funding available through section 40552(b) of
the IIJA. The formula establishes a minimum level of funding at $10,000
and allocates $10,000 to each eligible Indian tribe. The formula then
distributes the remaining funds via the weighted factor set in the
formula on a pro rata basis to all eligible Indian tribes. For more
detail on the Tribal allocation formula, see Appendix C of this notice.
Appendix A--EECBG Local Government Allocation Formula
Local Government--Alternative 1:
[GRAPHIC] [TIFF OMITTED] TN29JN22.001
Local Government--Alternative 2:
[GRAPHIC] [TIFF OMITTED] TN29JN22.002
Ai1 = Total amount of funding allocated to local
government i under definition Local Government--Alternative 1
Ai2 = Total amount of funding allocated to local
government i under definition Local Government--Alternative 2
m = $75,000 (the minimum amount of funding each local government
must receive)
F = Total amount of EECBG Program funding allocated to grants
l1 = 0.34 (percentage of total funding available to local
governments eligible under definition Local Government--Alternative
1)
l2 = 0.34 (percentage of total funding available to local
governments eligible under definition Local Government--Alternative
2)
n1 = Number of eligible local governments
n2 = Number of eligible local governments under
definition Local Government-Alternative 2 only
Ei = Population served by local government i based on
U.S. Census Bureau, Decennial Census Redistricting Data (Pub. L. 94-
171), 2020
Di = Daytime population of local government i based on
U.S. Census Bureau, American Community Survey, 5-Year Estimates,
2020
d = 29.75% (daytime population coefficient weighting scheme based on
an estimated 50 working hours out of a total 168 hours in a week
(50/168 is equal to approximately 29.75%). Working hours are used
because daytime population estimates are based on working commutes.)
Ai1 + Ai2 = The total allocation for each
local government eligible under the definition Local Government--
Alternative 2
Notes:
EISA directs DOE to include considerations of ``daytime
population'' in the local government allocation formula.\12\ The
concept of the daytime population refers to the number of people who
are present in an area during normal business hours, including
workers. This contrasts with the ``resident'' population present
during the evening and nighttime hours. The U.S. Census Bureau
creates estimates of daytime population by adding the total number
of workers working in the jurisdiction minus workers who live and
work in the same jurisdiction with the total resident
population.\13\ The U.S. Census Bureau estimate of daytime
population adjusts only for work-related travel, i.e., in commuters
to
[[Page 38734]]
an area and out commuters from an area. Data necessary to adjust for
shopping, school, recreation, tourism, etc. is not available.
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\12\ See 42 U.S.C. 17153(b).
\13\ U.S. Census Bureau, Calculating Commuter-Adjusted
Population Estimates, available at Calculating Commuter-Adjusted
Population Estimates (census.gov).
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For counties, all population figures are adjusted to
reflect only the balance of their population excluding the
populations of any eligible entities therein. In determining county
balance populations, DOE identified a number of cities with
geographic boundaries that cross the borders of multiple counties.
In calculating county balance populations for those counties which
contain only a part of an eligible city, DOE subtracted the portion
of the eligible city's population living within that county.
Appendix B--EECBG State Allocation Formula
[GRAPHIC] [TIFF OMITTED] TN29JN22.003
Ai = Total amount of funding allocated to state i
m = 0.0125 * s * F (minimum amount of funding each state must
receive)
F = Total amount of EECBG Program funding allocated to grants
s = 0.28 (percentage of total funding available to eligible states)
n = Number of states
Ei = Total population for state i based on U.S. Census
Bureau, Decennial Census Redistricting Data (Pub. L. 94-171), 2020;
U.S. Census Bureau, 2020 Census of American Samoa; U.S. Census
Bureau, 2020 Census of the Commonwealth of the Northern Mariana
Islands; U.S. Census Bureau, 2020 Census of Guam; U.S. Census
Bureau, 2020 Census of the Unites States Virgin Islands.
Bi = Balance population for State i after subtracting the
populations of eligible local governments in State i based U.S.
Census Bureau, Decennial Census Redistricting Data (Pub. L. 94-171),
2020; U.S. Census Bureau, 2020 Census of American Samoa; U.S. Census
Bureau, 2020 Census of the Commonwealth of the Northern Mariana
Islands; U.S. Census Bureau, 2020 Census of Guam; U.S. Census
Bureau, 2020 Census of the Unites States Virgin Islands.
Ci = Energy consumption less the industrial sector's
consumption for State i based on U.S. Energy Information
Administration, Total Energy Consumption Estimates by End-Use
Sector, 2019 and U.S. Energy Information Administration,
International, 2019 (for U.S. territories)
Notes:
For those states that do not have any eligible local
governments their balance population (Bi) is equal to
their total population (Ei)
Energy consumption data for the industrial sector is
not available for the U.S. territories
Appendix C--EECBG Tribal Allocation Formula
[GRAPHIC] [TIFF OMITTED] TN29JN22.004
Ai = Total amount of funding allocated to Indian tribe i
m = $10,000 (minimum funding each Indian tribe must receive)
F = Total amount of EECBG Program funding allocated to grants
t = 0.02 (percentage of total funding available to eligible Indian
tribes)
n = number of Indian tribes
Ei = Tribal population based on a combination of U.S.
Census Bureau, Decennial Census Redistricting Data (Pub. L. 94-171),
2020 and American Community Survey 5-year Estimates, 2020 and/or
self-reported Tribal enrollment data
Signing Authority
This document of the Department of Energy was signed on June 19,
2022, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on June 24, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-13859 Filed 6-28-22; 8:45 am]
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