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HomeMy WebLinkAboutReports - 2024.04.24 - 41146 AGENDA ITEM: Energy Efficiency and Conservation Block Grant (EECBG) Application with the United States Department of Energy DEPARTMENT: Office of Sustainability MEETING: Board of Commissioners DATE: Wednesday, April 24, 2024 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-20 Motion to approve the Energy Efficiency and Conservation Block Grant (EECBG) application with the United States Department of Energy in the amount of $434,190, for the period July 15, 2024, to July 14, 2026. ITEM CATEGORY SPONSORED BY Grant Yolanda Smith Charles INTRODUCTION AND BACKGROUND The purpose of this project is to conduct a comprehensive energy study of Oakland County owned and operated buildings and facilities. The County's Greenhouse Gas reduction goals are to achieve net-zero carbon emissions by 2050 with an interim benchmark of 50% carbon emission reduction by 2035, compared to a 2018 baseline. Outcomes of the project include knowledge to maximize the efficient and low carbon use of energy, water, and material resources within county facilities to the highest degree possible, while considering the design, facility operation and function, and maintenance requirements. The Oakland County campus is currently dependent on electrical utilities for reliable energy delivery from a third party electricity supplier. It is known that the county campus has limited power capacity and requires electrical upgrades to meet future building and facility needs. Staff and leadership view this energy study and its outputs as a strategic way to incorporate data-driven decisions for decarbonizing the county-owned buildings and facilities. There is also an additional component of the study which considers the outdated, inefficient steam plant that still supplies heat to about 15 of the campus buildings and its near term decommissioning needs. The energy study's primary focus will be the facilities and sites located within the main campus, which spans across areas of Pontiac, MI (which encompasses several Justice 40 tracts) and Waterford, MI, along with a few other facilities outside the main campus. Additionally, several Oakland County Parks and Recreation (OCPR) buildings will be included in the study. The study (Activity 1) will provide a detailed written report of the current electrical capacity for each specified building/site, a detailed plan and associated cost to fully electrify each specified building, as well as recommendations for AHSRAE energy audits. Based on the active request for proposals (RFP), the preferred and awarded vendor for this energy study will have experience and knowledge of energy efficiency, electrification and capacity needs for electrification, climate mitigation, and other sustainability attributes. Experience in designing renewable energy generation and storage integration is also desired. More specifically, the study may include the following components: • Current building and site operations and performance. • Identify the electrical load capacity requirements for current operations and performance. • Including power factor studies and recommendations for more energy efficient operations. • Potential greenhouse gas reductions based on energy efficiency recommendations. Immediate future building and site operations and performance: • Identify the electrical load capacity requirements for near term, future operations and performance. Immediate future operations to include, but not limited to the following: • Support ongoing infrastructure upgrades such as HVAC upgrades. • Support electric vehicle charging stations at various site and facility locations. (it's anticipated 20% of all parking spaces will be outfitted with EV charging stations). • All current building generators will be converted from natural gas or propane to fully electric. New electricity delivery points. • Existing steam plant decommissioning o 15 facilities are currently on the steam plant system, including the court facility: o Provide electrification options for the facilities currently connected to the steam plant heating system. This includes opportunities for electrification, geothermal, and solar photovoltaic and efficient natural gas. (Natural gas would be a less preferred option but considered as an intermediate option.) ASHRAE: Identify buildings that require a formal audit process to accomplish energy waste and electrification projects and determine which level is appropriate. Prioritize these buildings based on need of upgrades or a quick return on investment. • ASHRAE Level 2 energy audit. • ASHRAE level 3 energy audit. Building Electrification: • Identify electrical load upgrades required for future building electrification and building decarbonization. • Provide cost benefit analysis for building electrification. If full building electrification is not possible or feasible, identify and provide alternatives to meet county goals. Site Specific: • Identify onsite renewable generation opportunity locations and/or options. This comprehensive energy planning study will provide a step by step process and recommendations for county operations staff to address greenhouse gas emissions reductions by increasing energy efficiency, reducing energy use and utility costs, understanding relevant options for building decarbonization, and identifying priority locations for onsite renewable energy systems and electric vehicle infrastructure. It will also help staff identify future power needs for decarbonization, including decommissioning the county's campus steam plant. POLICY ANALYSIS The Oakland County Office of Sustainability and the Facilities and Operation department are requesting approval of a grant application for Energy Efficiency and Conservation Block Grant (EECBG) funds for the period July 15, 2024, to July 14, 2026. The grant program is administered by the United States Department of Energy. The DoE pre-determines funding levels for this grant by a formula. The total grant application request is $434,190 with no county match required. The purpose of this project is to conduct a comprehensive energy study of Oakland County owned and operated buildings and facilities. The funding will allow Facilities and the Office of Sustainability to partner and achieve the necessary upgrade needs of our facilities while following the sustainability goals of reducing overall emissions by 50% by 2035, and full net-zero carbon by 2050. The plan will include the evaluation of the overall campus electrical capacity, provide a plan to achieve optimal energy efficiency and decarbonization of Oakland County buildings and facilities, identify opportunities for renewable energy and electric vehicle infrastructure, and determine best practices for transitioning to full building electrification. Oakland County plans to use its EECBG formula funding, in its entirety, on contractual services. The estimated contractual line item breakdown is $334,190 for the campus-wide energy study and $100,000 for ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers) energy audits. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional information. CONTACT Erin Quetell, Environmental Sustainability Officer Julie Lyons-Bricker ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 4/24/2024 AGENDA DEADLINE: 04/24/2024 6:00 PM ATTACHMENTS 1. Grant Review Sign-Off_EECBG 2. Grant Application_EECBG 3. 2-Formula_Nontribal EECBG Statement of Work With PA No Ground Disturbance_Final_ signed EQ 4. CERTS-ASSURANCESS-F424 revised COMMITTEE TRACKING 2024-04-17 Economic Development & Infrastructure - Recommend to Board 2024-04-24 Full Board - Adopt Motioned by: Commissioner Angela Powell Seconded by: Commissioner Robert Hoffman Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor (15) No: None (0) Abstain: None (0) Absent: Ajay Raman, Michael Gingell, Yolanda Smith Charles, William Miller III (4) Passed GRANT REVIEW SIGN-OFF – Environmental Sustainability GRANT NAME: Energy Efficiency and Conservation Block Grant (EECBG) FUNDING AGENCY: United States Department of Energy DEPARTMENT CONTACT: Erin Quetell 248-600-9001 STATUS: Application (Greater than $50,000) DATE: 04/01/2024 Please be advised that the captioned grant materials have completed the internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant application package (which should include this sign- off and the grant application with related documentation) should be placed on the agenda(s) of the next appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved –Sheryl Johnson (04/01/2024) Human Resources: Approved – Hailey Matthews (03/29/2024) Risk Management: Approved. No County insurance requirements. – Robert Erlenbeck (04/01/2024) Corporation Counsel: Approved. After reviewing the proposed application, I see no legal issues that need to be resolved before the application is submitted. – Jody Hall (04/01/2024) Expiration Date: 11/30/2025 OMB Number: 4040-0004 APPLICATION FOR FEDERAL ASSISTANCE SF-424 Version 02 DE-SE0000530 3. Date Received 1.Type of Submission: Changed/Corrected Application Application 4. Applicant Identifier: 2.Type of Application: Revision X New 5a. Federal Entity Identifier:5b. Federal Award Identifier: 6. Date Received by State: Preapplication Continuation If Revision, select appropriate letter(s) Other (specify): State Use Only: 7. State Application Identifier: 8. APPLICANT INFORMATION: 1200 N. Telegraph Rd.Street 1: a. Legal Name:County of Oakland, a Michigan Constitutional Corporation b. Employer/Taxpayer Identification Number (EIN/TIN): 38-6004876 d. Address: Street 2: City: County: State: Province: Country: Zip / Postal Code: e. Organizational Unit: Department Name:Division Name: Exec. Administration Office - Sustainability Pontiac OAKLAND County MI 483411032 n/a Office of the Executive Office of Sustainability X U.S.A. Michigan c. UEI: HZ4EUKDD7AB4 f. Name and contact information of person to be contacted on matters involving this application: Oakland County, MI Prefix:First Name: Middle Name: Last Name: Suffix: Title: Organizational Affiliation: Telephone Number:Fax Number: Email: Ms Lyons Bricker Julie Sustainability Project Manager 2488815688 brickerj@oakgov.com Expiration Date: 11/30/2025 OMB Number: 4040-0004 APPLICATION FOR FEDERAL ASSISTANCE SF-424 Version 02 Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 9. Type of Applicant: 15. Descriptive Title of Applicant's Project: 14. Areas Affected by Project (Cities, Counties, States, etc.): 13. Competition Identification Number: 12. Funding Opportunity Number: 11. Catalog of Federal Domestic Assistance Number: 10. Name of Federal Agency: U. S. Department of Energy 81.128 City of Pontiac, MI (Justice40 community) Waterford Township, MI Oakland County Government Campus Power Study for Operational Energy Efficiency and Decarbonization OR Oakland County Power Study for Government Campus Energy Efficiency and Decarbonization 2022 EECBG Bipartisan Infrastructure Law DE-FOA-0002882 n/a n/a County GovernmentB CFDA Title: Title: Title: Expiration Date: 11/30/2025 OMB Number: 4040-0004 APPLICATION FOR FEDERAL ASSISTANCE SF-424 Version 02 16.Congressional District Of: Attach an additional list of Program/Project Congressional Districts if needed: 17. Proposed Project: 18. Estimated Funding ($): g. TOTAL f. Program Income e. Other d. Local c. State b. Applicant a. Federal 19. Is Application subject to Review By State Under Executive Order 12372 Process?: c. Program is not covered by E.O. 12372 b. Program is subject to E.O. 12372 but has not been selected by the State for review. a. This application was made available to the State under the Executive Order 12372 Process for review 20. Is the applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation) 21. By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency 0.00 0.00 0.00 0.00 0.00 434,190.00 MI-11b. Program/Project:Michigan Congressional District 11a. Applicant: 07/15/2024a. Start Date:07/14/2026b. End Date: X No X I AGREE 434,190.00 Authorized Representative: Date Signed: Telephone Number:Fax Number: Title: Suffix: Last Name: Middle Name: First Name:Prefix: Email: Signature of Authorized Representative : Ms Erin N. Quetell Chief Sustainability Officer 2486009001 Signed Electronically quetelle@oakgov.com Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102Authorized for Local Reproduction OMB Number: 4040-0006 Expiration Date: 02/28/2025 BUDGET INFORMATION - Non-Construction Programs 2. Program/Project Title1. Program/Project Identification No. Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 SE0000530 County of Oakland, a Michigan Constitutional Corporation3. Name and Address 4. Program/Project Start Date 5. Completion Date 07/15/2024 07/14/2026 1200 N. Telegraph Rd. Pontiac, MI 483411032 Total (g) Non-Federal (f) Federal (e) Non-Federal (d) New or Revised BudgetEstimated Unobligated Funds Federal (c) Federal Catalog No. (b) Grant Program Function or Activity (a) SECTION A - BUDGET SUMMARY 81.128 $ 0.00 $ 434,190.001. Federal $ 434,190.00 2. 3. 4. $ 0.00 $ 0.00 $ 434,190.00 $ 0.005. TOTAL $ 434,190.00 SECTION B - BUDGET CATEGORIES Grant Program, Function or Activity Total6. Object Class Categories (5)(4)(3)(2)(1)DOE a. Personnel $ 0.00 $ 0.00 b. Fringe Benefits $ 0.00 $ 0.00 c. Travel $ 0.00 $ 0.00 d. Equipment $ 0.00 $ 0.00 e. Supplies $ 0.00 $ 0.00 f. Contract $ 434,190.00 $ 434,190.00 g. Construction $ 0.00 $ 0.00 h. Other Direct Costs $ 0.00 $ 0.00 i. Total Direct Charges $ 434,190.00 $ 434,190.00 j. Indirect Costs $ 0.00 $ 0.00 k. Totals $ 434,190.00 $ 434,190.00 7. Program Income $ 0.00 $ 0.00 Standard Form 424A (Rev. 7-97) Prescribed by OMB Circular A-102 Previous Edition Usable Authorized for Local Reproduction Remarks  Oakland County plans to use its EECBG formula funding, in its entirety, on contractual services. The estimated contractual line item breakdown is $334,190.00 for  the campus­wide energy study and $100,000.00 for ASHRAE energy audits.  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) BUDGET INFORMATION REMARKS Grant Number: SE0000530,      State: MI Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 11:21:55 AM Standard Form 424A (Rev. 7-97) Prescribed by OMB Circular A-102 Page 1 / 1 SEO title : Activity 1­Oakland County Government Campus Energy Study for Efficiency & Decarbonization  Revision status: Active (pending add)  1. Activity  Strategy DevelopmentTechnical Consultant Services Building Energy Audits Financial Incentive Programs Energy Efficiency Retrofits Energy Efficiency and Conservation  Programs for Buildings and Facilities Development and Implementation of  Transportation Programs Building Codes and Inspections Energy Distribution Technologies for  Energy Efficiency Material Conservation Programs Reduction and Capture of Methane and Greenhouse  Gases Traffic Signals and Street Lighting Renewable Energy Technologies on  Government Buildings Programs for Financing, Purchasing, and Installing EE­ RE, and Zero­Emission Transportation Measures Administrative States Sub­grants to Formula­Ineligible  Communities (states only)    Blueprints  Energy Planning  1. Energy Planning  Efficient Buildings  2a. Energy Efficiency ­ Energy Audits and Building Upgrades  2b. Energy Savings Performance Contracts: Energy Efficiency and Electrification in Government Buildings  2c. Building Electrification Campaign  2d. Building Performance Standards & Stretch Codes  Renewables  3a. Solar & Storage ­ Power Purchase Agreements and Direct Ownership  3b. Community Solar  3c. Solarize Campaign  3d. Renewable Resource Planning for Rural and Tribal Communities  Electric Transportation  4a. Electric Vehicles and Fleet Electrification  4b. EV Charging Infrastructure for the Community  Finance  5. Unlocking Sustainable Financing Solutions for Energy Projects and Programs with Revolving Loan Funds  Workforce  6. Workforce Development     2. State: MI     3. Sectors  Agriculture / Agricultural Local GovernmentResidential Commercial Low / Limited Income State or Territory Government Higher Education Non­profits Transportation Industrial Not Applicable Tribal / Native American K­12 Schools    4. Technology and/or Topic Areas  Audits and Assessments (Energy, Water, and Process)Environmental Justice Benchmarking Financial Incentives U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) ACTIVITY FILE Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:09:19 AM Page 1 / 4 Energy Savings Performance Contracting Fuel Cell and Hydrogen Technologies Biofuels Geothermal Building Energy Codes & Inspection Services Hydropower / Hydrokinetic Power Capital Investments & Financing Not Applicable Biomass On­site Renewable Energy Clean Energy / Clean Energy Technologies Pedestrian & Bike Infrastructure Commuting Infrastructure Reduce Commuting Distributed Energy Resources Resiliency Education and Outreach Retrofits Electric Vehicles and InfrastructureSolar Energy Affordability Workforce Development Energy Management STEM Education Energy Audits Storage Energy Certification Programs Strategy Development Energy Conservation Technical Assistance Energy EfficiencyTraffic Signals & Street Lighting Energy Equity Waste to Energy / Solid Waste Minimization Assessments & Feasibility StudiesWeatherization ENERGY STAR Wind Energy Workforce Training    5. Estimated annual energy savings:  MBtus 0    6. Description (executive summary of goals and objectives)*  The purpose of this project is?to conduct a comprehensive energy study of Oakland County owned and operated buildings and facilities. The  County's Greenhouse Gas reduction goals are to achieve net zero carbon emissions by 2050 with an interim benchmark of 50% carbon emission  reduction by 2035, compared to a 2018 baseline. Outcomes of the project include?knowledge to maximize the?efficient and low­carbon use of  energy, water, and material resources within county facilities to the highest degree possible, while considering the design, facility operation and  function, and maintenance requirements.    The Oakland County campus is currently dependent on electrical utilities for reliable energy delivery from a third­party electricity supplier. It is  known that the county campus has limited power capacity and requires electrical upgrades to meet future building and facility needs. Staff and  leadership view?this energy study and its outputs as a strategic way to incorporate data driven decisions for decarbonizing the county owned  buildings and facilities. There is also an additional component of the study which considers the outdated, inefficient steam plant that still supplies  heat to about 15 of the campus buildings and its near­term decommissioning needs.?   The energy study's primary focus will be the facilities and sites located within the main campus, which spans across areas of Pontiac, MI (which  encompasses several Justice 40 tracts) and Waterford, MI along with a few other facilities outside of the main campus. Additionally, several  Oakland County Parks and Recreation (OCPR) buildings will be included in the study.    The study (Activity 1) will provide a detailed written report of the current electrical capacity for each specified building/site, detailed plan and  associated cost to fully electrify each specified building, as well as recommendations for AHSRAE energy audits. Based on the active request for  proposals (RFP), the preferred and awarded vendor for this energy study will?have experience and knowledge of energy efficiency, electrification  and capacity needs for electrification, climate mitigation, and other sustainability attributes.  Experience in designing renewable energy generation  and storage integration is also desired. ??   More specifically, the study may include the following components:   1.Current building and site operations and performance:?    l Identify the electrical load capacity requirements for current operations and performance.??   l Including power factor studies and recommendations for more energy efficient operations.   l Potential greenhouse gas reductions based on energy efficiency recommendations.   U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) ACTIVITY FILE Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:09:19 AM Page 2 / 4 2.Immediate future building and site operations and performance:   l Identify the electrical load capacity requirements for near­term?future operations and performance.?    Immediate future operations to include, but not limited to the following:   1.Support ongoing infrastructure upgrades such as HVAC upgrades.    2.Support electric vehicle charging stations at various site and facility locations. (it's anticipated 20% of all parking spaces will be  outfitted with EV charging stations).     3.All current building generators will be converted from natural gas or propane to fully electric.     l New electricity delivery points.    3.Existing steam plant decommissioning, 15 facilities are currently on the steam plant system, including the court facility:   l Provide electrification options for the facilities currently connected to the steam plant heating system.? This includes opportunities for  electrification, geothermal, and solar photovoltaic and efficient natural gas.?(Natural gas would be a less preferred option but considered as  an intermediate option.)    4.ASHRAE: Identify buildings that require a formal audit process to accomplish energy waste and electrification projects and determine which  level is appropriate. Prioritize these buildings based on need of upgrades or a quick return on investment.    l ASHRAE Level 2 energy audit.    l ASHRAE level 3 energy audit.   5.Building Electrification:   l Identify electrical load upgrades required for future building electrification and building decarbonization.   l Provide cost­benefit analysis for building electrification. If full building electrification is not possible or feasible, identify and provide  alternatives to meet county goals.   6.Site Specific:?    l Identify on­site renewable generation opportunity locations and/or options.   This comprehensive energy planning study will provide a step­by­step process and recommendations for county operations staff to address  greenhouse gas emissions reductions by increasing energy efficiency, reducing energy use and utility costs, understanding relevant options for  building decarbonization, and identifying priority locations for on­site renewable energy systems and electric vehicle infrastructure. It will also help  staff identify future power needs for decarbonization, including decommissioning the county's campus steam plant.       7. Activity milestones  Milestone Description Planned  Amount  Procurement: Energy study RFP developed and released to public (Feb 2024) 1  Select consultant (July 2024) 1  Start study (Aug­Sept 2024) 1  Final energy study delivered (Feb­April 2025) 1     8. Activity performance metrics  a. Specific metric activity (required)**    7. Energy Policy and Planning    9. Activity funds by source  a. EECBGBIL grant (all funds in the approved budget)   Fund Source Planned Amount  Federal  Fund Source Type: Federal $334,190.00 U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) ACTIVITY FILE Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:09:19 AM Page 3 / 4 b. Leveraged funds anticipated (outside approved budget)  Total $334,190.00  Fund Source Planned Amount  No records found  Total $0.00        *Please use additional pages if more space is needed.  **Mandatory requirement  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) ACTIVITY FILE Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:09:19 AM Page 4 / 4 SEO title : Activity 2­Energy audits based on Oakland County Government Campus Power Study  Revision status: Active (pending add)  1. Activity  Strategy Development Technical Consultant Services Building Energy Audits Financial Incentive Programs Energy Efficiency Retrofits Energy Efficiency and Conservation  Programs for Buildings and Facilities Development and Implementation of  Transportation Programs Building Codes and Inspections Energy Distribution Technologies for  Energy Efficiency Material Conservation Programs Reduction and Capture of Methane and Greenhouse  Gases Traffic Signals and Street Lighting Renewable Energy Technologies on  Government Buildings Programs for Financing, Purchasing, and Installing EE­ RE, and Zero­Emission Transportation Measures Administrative States Sub­grants to Formula­Ineligible  Communities (states only)    Blueprints  Energy Planning  1. Energy Planning  Efficient Buildings  2a. Energy Efficiency ­ Energy Audits and Building Upgrades  2b. Energy Savings Performance Contracts: Energy Efficiency and Electrification in Government Buildings  2c. Building Electrification Campaign  2d. Building Performance Standards & Stretch Codes  Renewables  3a. Solar & Storage ­ Power Purchase Agreements and Direct Ownership  3b. Community Solar  3c. Solarize Campaign  3d. Renewable Resource Planning for Rural and Tribal Communities  Electric Transportation  4a. Electric Vehicles and Fleet Electrification  4b. EV Charging Infrastructure for the Community  Finance  5. Unlocking Sustainable Financing Solutions for Energy Projects and Programs with Revolving Loan Funds  Workforce  6. Workforce Development     2. State: MI     3. Sectors  Agriculture / Agricultural Local GovernmentResidential Commercial Low / Limited Income State or Territory Government Higher Education Non­profits Transportation Industrial Not Applicable Tribal / Native American K­12 Schools    4. Technology and/or Topic Areas  Audits and Assessments (Energy, Water, and Process) Benchmarking U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) ACTIVITY FILE Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:16:43 AM Page 1 / 4 Energy Savings Performance Contracting Biofuels Building Energy Codes & Inspection Services Capital Investments & Financing Biomass Clean Energy / Clean Energy Technologies Commuting Infrastructure Distributed Energy Resources Education and Outreach Electric Vehicles and Infrastructure Energy Affordability Energy Management Energy Audits Energy Certification Programs Energy Conservation Energy Efficiency Energy Equity Assessments & Feasibility Studies ENERGY STAR Energy Workforce Training Environmental Justice Financial Incentives Fuel Cell and Hydrogen Technologies Geothermal Hydropower / Hydrokinetic Power Not Applicable On­site Renewable Energy Pedestrian & Bike Infrastructure Reduce Commuting Resiliency Retrofits Solar Workforce Development STEM Education Storage Strategy Development Technical Assistance Traffic Signals & Street Lighting Waste to Energy / Solid Waste Minimization Weatherization Wind    5. Estimated annual energy savings:  MBtus 0    6. Description (executive summary of goals and objectives)*  The purpose of this project is?to conduct a comprehensive energy study of Oakland County owned and operated buildings and facilities. The  County's Greenhouse Gas reduction goals are to achieve net zero carbon emissions by 2050 with an interim benchmark of 50% carbon emission  reduction by 2035, compared to a 2018 baseline. Outcomes of the project include?knowledge to maximize the?efficient and low­carbon use of  energy, water, and material resources within county facilities to the highest degree possible, while considering the design, facility operation and  function, and maintenance requirements.    U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) ACTIVITY FILE Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:16:43 AM Page 2 / 4 The Oakland County campus is currently dependent on electrical utilities for reliable energy delivery from a third­party electricity supplier. It is  known that the county campus has limited power capacity and requires electrical upgrades to meet future building and facility needs. Staff and  leadership view?this energy study and its outputs as a strategic way to incorporate data driven decisions for decarbonizing the county owned  buildings and facilities. There is also an additional component of the study which considers the outdated, inefficient steam plant that still supplies  heat to about 15 of the campus buildings and its near­term decommissioning needs.?   The energy study's primary focus will be the facilities and sites located within the main campus, which spans across areas of Pontiac, MI (which  encompasses several Justice 40 tracts) and Waterford, MI along with a few other facilities outside of the main campus. Additionally, several  Oakland County Parks and Recreation (OCPR) buildings will be included in the study.   The study (Activity 1) will provide a detailed written report of the current electrical capacity for each specified building/site, detailed plan and  associated cost to fully electrify each specified building, as well as recommendations for AHSRAE energy audits.  The audit recommendations will  identify buildings that may require a formal ASHRAE audit (either level 2 or 3) to accomplish energy waste and electrification upgrades. The  buildings will be prioritized based on the needed upgrades and/or a quick return on investment.   Based on Activity 1’s audit prioritization, Activity 2 ­ Energy Efficiency: Building Audits, will engage consultants to perform the recommended levels  of ASHRAE energy audits and facilitate any relevant utility rebates.   ASHRAE:    1.ASHRAE Level 2 energy audit.    2.ASHRAE level 3 energy audit.   Rebate Assistance:    1.Manage rebate process for potential funding for projects related to this study.   The energy audit component of the comprehensive energy planning project (Activity 1) will assist county operations staff in understanding next  steps for priority energy efficiency upgrades to reduce utility costs and energy use, understand relevant options for electrification for campus  buildings, and identify priority locations for on­site renewables. The county is currently applying for state funding to help offset the costs of  installing the energy upgrade measures determined by the ASHRAE energy audits.    Going forward, the audit results will also help staff in data driven decision making about future building decarbonization strategies, EV charging  infrastructure locations and installation, and specific upgrade needs for buildings currently connected to the steam plant, which will undergo  decommissioning in the near future. Finally, this activity directly addresses the county's greenhouse gas emission reduction strategies through  energy use reduction, on­site clean energy installations and storage, EV adoption, and decarbonization goals.     7. Activity milestones  Milestone Description Planned  Amount  Procurement: ASHRAE audits RFP (Q1 2025) 1  Select audit firm (May 2025) 1  Start audits (June­Sept 2025) 1  Audit report deliverables (Dec 2025) 12      8. Activity performance metrics  a. Specific metric activity (required)**    8. Energy Audits    9. Activity funds by source  a. EECBGBIL grant (all funds in the approved budget)   Fund Source Planned Amount  Federal  Fund Source Type: Federal $100,000.00 Total $100,000.00  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) ACTIVITY FILE Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:16:43 AM Page 3 / 4 b. Leveraged funds anticipated (outside approved budget)  Fund Source Planned Amount  No records found  Total $0.00        *Please use additional pages if more space is needed.  **Mandatory requirement  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) ACTIVITY FILE Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:16:43 AM Page 4 / 4 EECBG Program: Energy Efficiency and Conservation Strategy Template for Local Governments   Local governments must submit a proposed Energy Efficiency and Conservation Strategy (EECS) to the Department of Energy (DOE) to meet the statutory  requirements for the Energy Efficiency and Conservation Block Grant (EECBG) Program. The proposed EECS must include the information contained in Part A of this  template. Local governments may use this streamlined EECS Template to meet the requirement, but the template is not required. If a local government chooses to  submit an EECS using an alternative format, the information outlined in Part A must be included in the submission.   Local governments have the option of submitting their EECS at the time of application or no later than 1 year after the effective date of the award. If the  latter option is chosen, the EECS should be a comprehensive strategy that covers, at a minimum, all items detailed in this template. DOE will provide informational  resources and technical assistance to support the development of comprehensive strategies.   Local governments that do not submit an EECS with their application must submit an EECBG Program Activity File with their application and select  Activity 1 (Energy Efficiency and Conservation Strategy).     Part A  Grantee: County of Oakland, a Michigan Constitutional Corporation  Date: 3/26/2024  UEI Number: HZ4EUKDD7AB4  Program Contact Email: brickerj@oakgov.com  1) Local governments must include within their proposed strategy a description of their goals for increased energy efficiency and conservation in the jurisdiction. Does  your local government have existing energy efficiency and conservation or related goals?  a. Yes  i. What goals do you have? (check all that apply)  1. GHG reduction goal  a. Specific goal (e.g., 80% GHG reduced from 1990 levels):  Net zero emissions for County government operations by 2050 with an interim target of 50% emissions reduction by 2035. (from a 2018 baseline)  b. By what year? (e.g., 2050)  2050  2. Energy use reduction goal  a. Specific goal:  b. By what year?  3. Clean energy use goal  a. Specific goal:  Purchase carbon­free electricity through County utility provider by 2026 to off ­set 75% of our current grid­electrical demand. Identify and develop  on ­site solar resources to generate 25% of electricity demand by 2035.  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) STRATEGY Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:51:06 AM Page 1 / 8 b. By what year?  2035  4. EV adoption goal  a. Specific goal:  Begin transition to 100% ZEV new purchases for passenger/light­duty vehicles no later than 2035 and develop transition plan for all other vehicle  types. 100% ZEV fleet by 2050  b. By what year?  2050  5. Job creation goal  a. Specific goal:  b. By what year?  6. Job quality goal  a. Specific goal:  Oakland80­Education & Training public program for a more educated workforce. Goal of 80 percent of eligible Oakland County residents earning a  college degree or skills certificate by 2030. (Since the Oakland80 initiative launched in 2019, Oakland County has gone from having 61 percent of  residents who achieved this educational milestone to 69 percent, today. )  b. By what year?  2030  7. Other  a. Specific goal:  Begin transition to 100% all­electric (or other decarbonized option) replacements for fossil fuel equipment no later than 2030. Fully decommission the  aged central heating steam plant by 2045. 100% building and facility electrification by 2050  b. By what year?  2050  b. No, our local government does not have an existing goal, but we are selecting the following goal as part of our strategy. If you select option 5, you must also  select from options 1­4 or option 6 (may select more than one option).  i. Carbon neutrality by 2050 or sooner  ii. Reduce energy use by 50% by 2050 or sooner  iii. 100% carbon­free energy use by 2050 or sooner  iv. 80% EV adoption by 2050 or sooner  v. Pay prevailing wages for all construction and maintenance projects by 2025  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) STRATEGY Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:51:06 AM Page 2 / 8 vi. Other   2) Does your local government have an existing plan or strategy document (e.g., climate action plan, energy conservation plan, comprehensive energy plan, etc.) to  reduce energy use, increase energy efficiency, reduce emissions, or train workers for high­quality energy efficiency jobs?  a. Yes  i. Strategy document uploaded:   ii. Do you intend to update your plan in the next two years?  1. Yes  a. Are you planning to use any of your EECBG Program funds to update your plan?  i. Yes  ii. No  b. What updates do you intend to make to your plan?  b. No  i. Please briefly describe your strategy to achieve your goals listed in Question 1  3) Are you planning to use a blueprint (see Section 4.5 of the EECBG Program Formula Grant Application Instructions document for more details)?  a. Yes  i. Which one(s)?  Energy Planning   1. Energy Planning   Efficient Buildings   2a. Energy Efficiency ­ Energy Audits and Building Upgrades  2b. Energy Savings Performance Contracts: Energy Efficiency and Electrification in Government Buildings  2c. Building Electrification Campaign  2d. Building Performance Standards & Stretch Codes  Renewables  3a. Solar & Storage ­ Power Purchase Agreements and Direct Ownership  3b. Community Solar  3c. Solarize Campaign  3d. Renewable Resource Planning for Rural and Tribal Communities  Electric Transportation   4a. Electric Vehicles and Fleet Electrification   4b. EV Charging Infrastructure for the Community  Finance  5. Unlocking Sustainable Financing Solutions for Energy Projects and Programs with Revolving Loan Funds  Workforce  6. Workforce Development  ii. How does this blueprint help you meet your strategy/goals?  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) STRATEGY Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:51:06 AM Page 3 / 8 The Energy Planning and Energy Efficiency­Energy Audits blueprints are comprehensive energy planning processes and will assist county operations staff  increase energy efficiency upgrades to reduce utility costs and energy use, understand relevant options for electrification for campus buildings, and identify  priority locations for on­site renewables. It will also help staff identify future power needs for fuel switching, EV charging infrastructure installation, and the  effects of decommissioning the county's campus steam plant. The plan will give staff a way to engage in a step by step work process toward accomplishing the  county's greenhouse gas emission reduction goals.  b. No  i. What category of work do you plan to apply your EECBG Program funds to? (check all that apply)   1. Strategy development  a. Developing goals   b. Developing measures to track progress  c. Providing annual reporting on goals  2. Technical consultant services to assist in strategy development    3. Building energy audits   a. Residential  b. Commercial  c. Industrial  d. Municipal    4. Financial programs  a. Loan programs  b. Performance contracting programs  c. Rebates/grants  d. Incentives  e. Other   5. Energy efficiency retrofits   a. Residential  b. Commercial  c. Industrial  d. Municipal    6. Energy efficiency and conservation programs for buildings and facilities  a. Residential  b. Commercial  c. Industrial  d. Municipal    7. Transportation Programs   a. Electric vehicle planning  i. Municipal   ii. Communitywide  b. Purchasing of electric vehicles   c. Installation of electric vehicle chargers  i. Municipal   ii. Communitywide  d. Use of flex time by employers  e. Satellite work centers  f. Zoning guidelines or requirements that promote energy efficient development   g. Infrastructure, such as bike lanes and pathways and pedestrian walkways  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) STRATEGY Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:51:06 AM Page 4 / 8 h. Synchronization of traffic signals   i. Public transit system improvement investments  j. Other   8. Building codes and inspection  a. Updating building codes  b. Improving enforcement/compliance with building codes  c. Building performance standards  d. Other   9. Energy distribution technologies for energy efficiency  a. Distributed resources  b. District heating and cooling systems  d. Other   10. Material conservation programs  a. Source reduction  b. Recycling  c. Composting  d. Sustainable procurement  e. Other   11. Reduction and capture of methane and other greenhouse gases generated  a. Landfills  b. Wastewater treatment facilities  c. Other  12. Traffic signals and street lighting upgrades   13. Renewable energy on government buildings   a. Solar  b. Wind  c. Fuel cells  d. Biomass  14. Programs for financing, purchasing, and installing energy efficiency, renewable energy, and zero­emission transportation (and associated infrastructure)  15. Other (requires approval of Secretary)  ii. How will your use of funds help your unit of government meet its strategy/goals?  iii. Provide a brief description of your project(s)?  4) Local governments must coordinate and share information with the State in which the eligible local government is located regarding activities carried out using the  grant to maximize the energy efficiency and conservation benefits under the EECBG Program. Have you coordinated and shared your planned activities with your  State?  a. Yes  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) STRATEGY Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:51:06 AM Page 5 / 8 i. Please describe how you plan to coordinate with your State  Oakland County participates in the state sponsored Catalyst Leadership Circle(CLC). This cohort allows members to readily collaborate with the state and  each other, as local governments, to share energy and sustainability efforts, lessons learned, and any barriers. The cohort meets every other month to share  progress. For the EECBG formula funding specifically, we participated jointly in a spreadsheet survey, about our proposed EECBG projects, which is shared  with the state's energy division staff and all CLC members. The spreadsheet also acts as a way for us to know what local governments within our county are  doing with their formula funds.  5) Local governments must take into account any plans for the use of funds by adjacent eligible local governments that receive grants under the EECBG Program.  Have you taken into account how adjacent eligible units of local governments plan to use their funds?  a. Yes  Part B  1) Do you plan to collaborate with other eligible units of government?  a. Yes, we are going to form a team and apply through a joint application  i. List the names of the units of government  1. Which unit of government is serving as the lead applicant?  ii. Please describe what your team plans to work on together  b. Yes, we are going to informally collaborate  i. List the names of the units of government  City of Grand Rapids, City of Lansing, Royal Oak, Inkster, City of Bay City, City of Rochester Hills, Huron­Clinton Metroparks, West Bloomfield  Township, City of East Lansing, City of Detroit, Macomb Township, City of Farmington Hills, Pittsfield Charter Township, Genesee County, Livingston  County, Grand Blanc Township, City of Battle Creek, City of St. Clair Shores, and City of Southfield   ii. Please describe your planned collaboration  As mentioned above, Oakland County participates in the state sponsored Catalyst Leadership Circle (CLC). This cohort allows members to readily  collaborate with the state and each other, as local governments, to share energy and sustainability efforts, lessons learned, and any barriers. The cohort meets  every other month to share progress. For the EECBG formula funding specifically, we participated jointly in a spreadsheet survey, about our proposed  EECBG projects, which is shared with the state's energy division staff and all CLC members. The spreadsheet also acts as a way for us to know what local  governments within our county are doing with their formula funds.  c. We are not yet sure if we are going to collaborate with others  d. No  2) Are you planning to partner with other organizations including utilities, energy industry and financial companies, community ­based organizations, labor unions, and  other non­profit organizations for your project?  a. Yes  i. Please list your partners  Oakland County Parks and Recreation DTE ­ local electric company  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) STRATEGY Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:51:06 AM Page 6 / 8 b. No  3) Have you engaged local stakeholders (such as utilities, energy industry and financial companies, community­based organizations, labor unions, and other non­profit  organizations) in the development of your plan and/or how you intend to use your EECBG Program allocation?  a. Yes  b. No  4) Will this EECBG Program funding help you to access additional sources of funding?  a. Yes  i. What kind? (check all that apply)  1. Local government  2. State government  3. Federal government  4. Philanthropic   5. Private sector  6. Other  b. No  i. Would you like assistance in identifying other sources of funding?  a. Yes  b. No  5) Do you anticipate needing support for your project development/implementation?  a. Yes  i. What kind? (check all that apply)  1. Policy, planning and program design  2. Retrofits  3. Engineering and modeling  4. Stakeholder engagement  5. Program administration and implementation support  6. Outreach, education and advertising  7. Other  b. No  6) Do you anticipate the project(s) you use this funding for will continue after the EECBG Program funding period?  a. Yes  i. Describe how the projects(s) have been designed to ensure that it sustains benefits beyond the EECBG Program funding period  The energy audit component of the comprehensive energy planning project (Activity 1) will assist county operations staff in understanding next steps for  priority energy efficiency upgrades to reduce utility costs and energy use, understand relevant options for electrification for campus buildings, and identify  priority locations for on­site renewables. The county is currently applying for state funding to help offset the costs of installing the energy upgrade measures  determined by the ASHRAE energy audits. Going forward, the audit results will also help staff in data driven decision making about future building  decarbonization strategies, EV charging infrastructure locations and installation, and specific upgrade needs for buildings currently connected to the steam  plant, which will undergo decommissioning in the near future. Finally, this activity directly addresses the county's greenhouse gas emission reduction strategies  through energy use reduction, on­site clean energy installations and storage, EV adoption, and decarbonization goals.  b. No  i. What would help you to continue? (check all that apply)  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) STRATEGY Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:51:06 AM Page 7 / 8 1. Local sustainable financing  2. Public and local political support  3. Staff capacity  4. Other  7) How will your project(s) benefit disadvantaged communities? (check all that apply)  a. Benefits include (but are not limited to) measurable direct or indirect investments or positive project outcomes that achieve or contribute to the following in  disadvantaged communities:  i. A decrease in energy burden  ii. A decrease in environmental exposure and burdens  iii. An increase in access to low­cost capital  iv. An increase in job quality (including paying prevailing wages for construction and maintenance projects by 2025)  v. An increase in clean energy enterprise creation and contracting (e.g., minority­owned or disadvantaged business enterprises)  vi. An increase in clean energy jobs, job pipeline, and job training for individuals from disadvantaged communities  vii. An increase in parity in clean energy technology access and adoption  viii. An increase in energy democracy   ix. Other   1. Please explain  8) How will your strategy support the goal that 40% of the overall benefits of certain federal investments flow to disadvantaged communities, in line with the Justice40  initiative?  Several of the Oakland County owned buildings, which are part of this energy study and energy audit work, are located within the City of Pontiac's Justice40  census tracts.  U.S. Department of Energy Energy Efficiency and Conservation Block Grant Program – Bipartisan Infrastructure Law 2021 (EECBGBIL) STRATEGY Grant Number: SE0000530,      State: MI,      Program Year: 2023 Recipient: County of Oakland, a Michigan Constitutional Corporation PAGE, 03/26/2024 10:51:06 AM Page 8 / 8 Chair David T. Woodward, District 1 (248) 296-5033 | woodwardd@oakgov.com 1200 North Telegraph Road | Pontiac, MI 48341 | Fax (248) 858 -1572 | OakGov.com/BOC Department of Energy Reference: Energy Efficiency and Conservation Block Grant - DE- FOA-0002882 CDFA Number 81.128 To Whom It May Concern: Please consider this letter as my certification that Erin Quetell has been appointed to represent Oakland County and is the contact for the county, which is authorized to receive funds, and implement the Energy Efficiency and Conservation Block Grant Program for the above referenced grant. The contact information is below: Erin Quetell quetelle@OakGov.com (248) 600-9001 Sincerely, David T. Woodward, Chair District 1 Oakland County Board of Commissioners Chair David T. Woodward, District 1 (248) 296-5033 | woodwardd@oakgov.com 1200 North Telegraph Road | Pontiac, MI 48341 | Fax (248) 858 -1572 | OakGov.com/BOC RE: Davis-Bacon Assurance Letter U.S. Department of Energy Reference: Energy Efficiency and Conservation Block Grant – DE- FOA-0002882 – CFDA No. 81.128 To Whom It May Concern, Please consider this letter written assurance that all laborers and mechanics on projects funded directly by or assisted in whole or in part by and through funding appropriated by the Infrastructure, Investment, and Jobs Act will be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by Subchapter IV of Chapter 31 of Title 40, United States Code (Davis - Bacon Act). Sincerely, David T. Woodward, Chair District 1 Oakland County Board of Commissioners FACILITIES MANAGEMENT AND OFFICE OF SUSTAINABILITY Building 95 West One Public Works Drive Waterford, MI 48328 Energy Study and Electrical Engineering Professional Services Request For Proposal (RFP) Oakland County EVENT #000561 March 5, 2024 OAKLAND COUNTY PURCHASING REPRESENTATIVE: ANDY KRUMWIEDE, BUYER krumwiedea@oakgov.com 248-858-7678 Notice: Your response to this Request For Proposal is due back no later than 2:00 P.M. Tuesday, March 26, 2024. Responses received after that date and time will not be considered. 1. Overview and Requirements: The purpose of this request for proposal (RFP) is to select a company to conduct a comprehensive energy study of Oakland County owned and operated facilities. The mission is to achieve net zero carbon emissions by 2050 with an interim benchmark of 50% carbon emission reduction by 2035. Goals include maximizing efficient and low-carbon use of energy, water, and material resources within county facilities to the highest degree possible, while considering the design, facility operation and function, and maintenance requirements. The Oakland County campus is currently dependent on electrical utilities for reliable energy delivery from a third party electricity supplier. The primary focus will be the facilities and sites located within the main campus area, that spans across telegraph and include areas of Pontiac and Waterford, along with a few other facilities off the main campus. Identified facilities/sites are attached with details of the specific buildings and locations. A summary of the building groups are listed below. The attached also lists the buildings by group and the County department that oversees the operations and maintenance of those facilities per group. Please note that either Group A or Group C may be selected. Group C contains a subset of buildings contained within Group A, therefore both groups will not be required to be selected. Group A: All buildings managed by Facilities Management. See Appendix A for a complete list of Facilities Management buildings to be included in this study. Group B: All buildings managed by Oakland County Parks and Recreation. See Appendix B for a complete list of the Parks and Recreation buildings to be included in this study. Group C: All buildings managed by Facilities Management. See Appendix C for a complete list of Facilities Management buildings to be included in this study. Group C is a subset of buildings contained within Group A. For each group, the successful vendor shall provide a detailed written report indicating the building/location current electric capacity, a detailed plan and the cost to fully electrify the building as well as a projection of the timetable for that process. The vendor shall provide industry-backed and sustainable alternatives when full electrification is not feasible. Vendor should have knowledge of energy efficiency, electrification, climate mitigation, and other sustainability attributes while considering electric capacity. Renewable energy integration is also desired, including adequate battery storage capacity as a resiliency measure. This energy study could include the following scope of work: 1. Current building and site operations and performance: A. Identify the electrical load capacity requirements for current operations and performance. i. Including power factor studies and correction recommendations for more energy efficient operations. ii. Potential greenhouse gas reductions. 2. Immediate future building and site operations and performance: A. Identify the electrical load capacity requirements for immediate future operations and performance. Immediate future operations to include, but not limited to the following: i. Support ongoing infrastructure upgrades such as HVAC upgrades. ii. Support electric vehicle charging stations at various site and facility locations. Anticipated 20% of all parking spaces will be outfitted with EV charging stations. All current building generators will be converted from natural gas or propane to fully electric. B. New electricity delivery points. 3. Existing steam plant decommissioning, 15 facilities are currently on the steam plant system, including the court facility: A. Provide electrification options for the facilities currently connected to the steam plant heating system. This includes opportunities for electrification, geothermal, and solar photovoltaic and efficient natural gas. Natural gas would be a less preferred option, but considered as a intermediate option. 4. ASHRAE: A. ASHRAE Level 2 energy audit. B. ASHRAE level 3 energy audit. 5. Building Electrification: A. Identify electrical load upgrades required for future building electrification and building decarbonization. B. Provide cost-benefit analysis for building electrification. If full building electrification is not possible or feasible, identify and provide alternatives to meet county goals. 6. Site Specific: A. Identify on-site renewable generation opportunity locations and/or options. 7. Rebate Assistance: A. Manage rebate process for potential funding for projects related to this study. The chosen company will work directly with County representatives from Facilities Management and the Office of Sustainability under the County Executive. Below is an overview of the Departments and Offices that will be directly involved. Additional County departments may be called upon to support this study. Department of Facilities Management, Maintenance and Operations (FM&O) division is responsible for energy management, building maintenance, building alterations, facility security, operations, utilities, custodial services, and grounds maintenance. FM&O oversees 46 County facilities with 1.9 million square feet of space on 600 acres of grounds, 60 acres of parking lots, and over 30 miles of utility lines and heating service tunnels. Support services are provided to approximately 95 departments, divisions, and units operating in the County’s facilities, and contracted services are provided to Parks & Recreation, the Road Commission, the Airport, and other agencies. Department of Facilities Management, Planning & Engineering (FPE) division is responsible for the Project Management of major construction and renovation projects undertaken by the County. It oversees the cost estimating, planning, design, construction, inspections and testing of new County- owned facilities, roads, parking lots, and utilities. FPE is also responsible for design and construction management of interior renovation projects, design and coordination of furniture installation, and move management services for existing County buildings. In addition, it performs planning for exterior building maintenance projects such as roofing, caulking, waterproofing, masonry restoration, window replacement, parking lots and sidewalks. FPE prepares the five-year Capital Improvement Plan (CIP), forecasts future County space needs, and prepares the Facility Master Plan, along with maintaining space allocation, assignment data and more than 12,000 facility record drawings and campus utility infrastructure records. FPE also provides technical support to Facilities Management Administration and FM&O. The Office of Sustainability under the County Executive demonstrates leadership in social, environmental, and economic sustainability through modeling transparent, innovative, and achievable action. The office created the first sustainability plan for campus facilities and operations, and oversees the primary sustainability goals including achieving net zero carbon emissions by 2050 with an interim reduction of benchmark of 50% carbon emissions reduction by 2035. Additionally, the office has developed the “High Performance Buildings” goal to maximize efficient and low-carbon use of energy, water, and material resources within county facilities to the highest degree possible, while considering the design, facility operation and use, and maintenance requirements. To achieve these targets, the county is implementing various strategies. This includes investing in energy-efficient buildings, utilizing renewable energy sources, and promoting sustainable transportation options for employees and visitors. By reducing its carbon footprint, Oakland County is not only contributing to mitigating climate change but also setting an example for other communities and organizations to follow. 2. Selection Process The County uses a consensus selection process, which is divided into two phases. This is the first phase, the Request for Proposal (RFP), in which the request for services is announced. Interested companies will present a lump sum fee proposal to the County by the deadline of March 26, 2024. A selection committee made up of the County representatives will review and score all proposal statements and fee proposals submitted, and select the top candidates for further consideration. The second or Interview phase of the selection process is anticipated and involves the short- listed companies to make a verbal presentation of their qualifications and fee proposal to the same selection committee. The shortlisted companies will receive an agenda and questions prior to the interview to prepare for. The interview often will lead to additional discussion generated from the questions on the agenda. The committee will then select by consensus the bidder they will recommend to enter into contract negotiations. 2.1 Schedule of Events for the RFP Process: • Request for Proposal issued Tuesday, March 5, 2024 • Site visit (9:30am) Tuesday, March 12, 2024 • Inquiries, written questions due to County (2:00pm) Thursday, March 14, 2024 • County response to written questions issued Tuesday, March 19, 2024 • RFP response deadline due Tuesday, March 26, 2024 before 2:00 pm • Evaluation of qualifications and short-listed companies notified Friday, April 12, 2024 • Interviews Tuesday April 23, 2024 • Evaluations of interviews and notice of intent Tuesday May 7, 2024 • Contract Negotiations, May 2024 • Recommendations and Approvals, June and July 2024 • Notice of Contract Award July 2024 2.2 Addenda to this RFP: In the event it becomes necessary to revise any part of this RFP, addenda will be provided to all respondents who have received and downloaded this document. 2.3 Inquiries: Questions that arise as a result of this document may be submitted to Purchasing in writing via e-mail. If a question is judged to be substantive, an answer will be provided to all bidders who have requested copies of this document. All questions must be received per schedule of events. Questions will be answered and shared to all interested Bidders electronically per schedule of events. 2.4 Response Date: To be considered for this contract, your proposal must be uploaded to the Bidnet site at https://www.bidnetdirect.com/mitn before 2:00 PM., Eastern time, Tueday, March 26, 2024. Responses received after that date and time will not be considered. 2.5 Proposals: To be considered, bidders must submit a complete response to this RFP using the format provided in Section 5, through the proposal forms 000XXX ATT C and 000XXX ATT D. Each Bidder must upload 1 digital copy, with the format established for 8.5”x11” printing. The Bidder will make no other distribution of proposals. An official of the Bidder authorized to bind the Firm to its provisions must sign the proposal. For this RFP, the proposal must remain valid through August 31, 2024. 2.6 Presentation Information: A. Economy of Preparation: Submittals should be prepared simply and economically providing a straightforward, concise description of the Bidder ability to meet the requirements of the RFP. Elaborate presentation materials are not desired. Emphasis should be on completeness and clarity of content. B. Interview Presentation: Bidder’s who submit an appropriate submittal may be required to make one or more interview presentations of their submittal to the County’s representatives. These presentations provide an opportunity for the Bidder to clarify their submittal to ensure thorough mutual understanding and for the Selection Committee to ask questions of the Bidder. 2.7 Criteria for Selection: All submittals received will be subject to an evaluation by members of the Selection Committee for the purpose of selecting the company with whom a contract may be signed. The following factors will be considered in making the selection, more information can be found in Section 5 of the RFP. 1. Bidder’s Background and Business Organization 2. Professional Staff 3. Scope of Services and Timeframe 4. Work Plan 5. Fee Proposal 2.8 Site Visit: A voluntary site visit will be provided on March 12, 2024 at 9:30 AM. Meet at 1 Public Works Dr, Waterford, MI 48328 in the Public Works lunch room, building visits will be conducted from that point. The contact for this meeting is Brett Battishill at (248) 721-1205. 3. Contract information 3.1 Type of Contract: The County will issue a Professional Service contract for the services outlined, sample Boilerplate in Section 7, Attachments. 3.2 Implementation: Pending final project approval and funding, the selected Contractor will enter into a Professional Services contact with a scope of services which will include items listed per this RFP. The Contractor will work directly with Facilities Management and the Office of Sustainability, who will represent the County for this study. 3.3 Contractor Responsibilities: The selected Contractor will be required to assume responsibility for all services offered in the submittal whether or not the Contractor directly produces them. Further, the County will consider the selected Contractor to be sole point of contact regar ding contractual matters, including payment of any and all charges resulting from the contract. 3.4 Acceptance of Submittal Content: The contents of the successful Contractor’s submittal may become contractual obligations of a final contract. Failure of the successful Contractor to accept these obligations may result in cancellation of the award. 3.5 Insurance: The Contractor will be required to provide proof of adequate insurance coverage as required by the County. In addition, the proposal shall be required to identify any claims paid by the proposer or through the proposer’s insurance policy in the last five years. Information required will include the dates, circumstances, and amounts paid. 3.6 Requirements of the Selected Contractor: Below services are services the contractor will be asked to provide. Services 1. Complete ID Card and Building Access process, which includes background clearances, fingerprinting, and identification badging. This step to be completed prior to the start of services. 2. Lead a preliminary planning meeting with County representative(s). 3. Meet with County representative(s) to determine goals and the underlying guiding principles to adhere to during the study process. Determine specific scope with desired outcomes. 4. Prepare preliminary study schedule and study framework document to discuss with County representatives. 5. Finalize study schedule and study framework document to discuss with County representatives. 6. Reviewing and analyzing existing reports provided by Oakland County. 7. Information gathering & data analysis as required to meet requirements of this study. 8. Field visits to understand existing conditions, facility functions and operations. 9. Participatory department involvement through a series of meetings with County representatives. 10. Ongoing development of final findings, recommendations and options. a. Presentation of initial-study findings with informational content provided. b. Presentation of mid-study findings with recommendations, options and outcomes. Provide draft report at this time. c. Presentation of final-study findings with recommendation, options and outcomes. Provide final report at this time. d. Final presentation to the County leadership and other County representative. 11. Provide Meeting Minutes throughout the project process. Deliverables 1. Reports in hard-copy and digital, established for 8.5”x11” format printing. Include executive summary, summary of study content, with recommendation summary. Include detailed study content as a supplemental digital copy with the report. Only limited hard-copy reports will be required. Collate all meeting notes into 1-pdf document and include as a supplemental digital copy with the report. Other required report content is listed in the overview and requirements section of this RFP. 5. Submittals: To be considered, prospective vendors must submit a complete response online to the Bidnet/MITN system using the proposal form for technical qualifications (000561 ATT C) and the proposal for pricing (000561 ATT D). The Evaluation Committee will review and score on non-price criteria to determine technically qualified proposals. Price will not be opened until technically qualified proposals are short-listed. Proposals that are not advanced to the short list will not have their pricing opened. 6. Attachments Attachment A - Oakland County Building Names and Addresses Attachment B - Oakland County Parks & Recreation Building Names and Addresses Attachment C – Oakland County Building Names and Addresses Attachment D – Oakland County Campus Map (shows a portion of facilities included in Group A) August 2005 U.S. DEPARTMENT OF ENERGY FINANCIAL ASSISTANCE CERTIFICATIONS AND ASSURANCES FOR USE WITH SF 424 Applicant: Solicitation No.: DE- SE000530 The following certifications and assurances must be completed and submitted with each application for financial assistance. The name of the person responsible for making the certifications and assurances must be typed in the signature block on the forms. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements DOE F 1600.5, Assurance of Compliance Nondiscrimination in Federally Assisted Programs County of Oakland CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 10 CFR Part 601 "New Restrictions on Lobbying," 10 CFR Part 606 "Governmentwide Debarment and Suspension (Nonprocurement) and 10 CFR Part 607 “Governmentwide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Energy determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2.ADDITIONAL LOBBYING REPRESENTATION Applicant organizations which are described in section 501(c)(4) of the Internal Revenue Code of 1986 and engage in lobbying activities after December 31, 1995, are not eligible for the receipt of Federal funds constituting an award, grant, or loan. As set forth in section 3 of the Lobbying Disclosure Act of 1995 as amended, (2 U.S.C. 1602), lobbying activities are defined broadly to include, among other thins, contacts on behalf of an organization with specified employees of the Executive Branch and Congress with regard to Federal legislative, regulatory, and program administrative matters. Check the appropriate block: The applicant is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986? Yes No If you checked “Yes” above, check the appropriate block: The applicant represents that after December 31, 1995 it has has not engaged in any lobbying activities as defined in the Lobbying Disclosure Act of 1995, as amended. 3. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust x x statutes or commission of embezzlement, theft, forgery, bribery; falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 4.DRUG-FREE WORKPLACE This certification is required by the Drug-Free Workplace Act of 1988 (Pub.L. 100-690, Title V, Subtitle D) and is implemented through additions to the Debarment and Suspension regulations, published in the Federal Register on January 31, 1989, and May 25, 1990. ALTERNATE I (GRANTEES OTHER THAN INDIVIDUALS) (1) The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace not later than five calendar days after such conviction; (e) Notifying the agency, in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a),(b),(c),(d),(e), and (f). (2) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance: (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. ALTERNATE II (GRANTEES WHO ARE INDIVIDUALS) (1) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant. (2) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. 5. SIGNATURE As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Name of Applicant: Printed Name and Title of Authorized Representative: SIGNATURE DATE County of Oakland David Woodward, Chair DOE F 1600.5 U.S. Department of Energy OMB Control No. (06-94) All Other Editions are Obsolete Assurance of Compliance 1910-0400 Nondiscrimination in Federally Assisted Programs OMB Burden Disclosure Statement Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Office of Information Resources Management Policy, Plans, and Oversight, Records Management Division, HR- 422 - GTN, Paperwork Reduction Project (1900-0400), U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, DC 20585; and to the Office of Management and Budget (OMB), Paperwork Reduction Project (1900-0400), Washington, DC 20503. (Hereinafter called the “Applicant”) HEREBY AGREES to comply with Title VI of the Civil Rights Act of 1964 (Pub. L.88-352), Section 16 of the Federal Energy Administration Act of 1974 (Pub.L.93-275), Section 401 of the Energy Reorganization Act of 1974 (Pub.L.93-438), Title IX of the Education Amendments of 1972, as amended (Pub.L.92-318, Pub.L.93-568, and Pub.L.94-482), Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), the Age Discrimination Act of 1975 (Pub.L.94-135), Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), the Department of Energy Organization Act of 1977 (Pub.L.95-91), and the Energy Conservation and Production Act of 1976, as amended (Pub.L.94-385) and Title 10, Code of Federal Regulations, Part 1040. In accordance with the above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity in which the Applicant receives Federal assistance from the Department of Energy. Applicability and Period of Obligation In the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or improved with Federal assistance extended to the Applicant by the Department of Energy, this assurance obligates the Applicant for the period during which Federal assistance is extended. In the case of any transfer of such service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which Federal assistance is extended. If any personal property is so provided, this assurance obligates the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant for the period during which the Federal assistance is extended to the Applicant by the Department of Energy. Employment Practices Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the Department, the Applicant agrees not to discriminate on the ground of race, color, national origin, sex, age, or disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility programs; or other forms of compensation and use of facilities. Subrecipient Assurance The Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or subleases for the purpose of providing any service, financial aid, equipment, property, or structure to comply with laws cited above. To this end, the subrecipient shall be required to sign a written assurance form, however, the obligation or both recipient and subrecipient to ensure compliance is not relieved by the collection or submission of written assurance forms. Data Collection and Access to Records The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result of the Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but is not limited to, the following: (1) the manner in which services are or will be provided and related data necessary for determining whether any persons are or will be denied such services on the basis of prohibited discrimination; (2) the population eligible to be served by race, color, national origin, sex, age, and disability; (3) data regarding covered employment including use or planned use of bilingual public contact employees serving beneficiaries of the program where necessary to permit effective participation by beneficiaries unable to speak or understand English; (4) the location of existing or proposed facilities connected with the program and related information adequate for determining whether the location has or will have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, age, and disability, in any planning or advisory body which is an integral part of the program; and (6) any additional written data determined by the Department of Energy to be relevant to its obligation to assure compliance by recipients with laws cited in the first paragraph of this assurance. County of Oakland DOE F 1600.5 OMB Control No. (06-94) All Other Editions are Obsolete 1910-0400 The Applicant agrees to submit requested data to the Department of Energy regarding programs and activities developed by the Applicant from the use of Federal assistance funds extended by the Department of Energy, Facilities of the Applicant (including the physical plants, building, or other structures) and all records, books, accounts, and other sources of information pertinent to the Applicant's compliance with the civil rights laws shall be made available for inspection during normal business hours on request of an officer or employee of the Department of Energy specifically authorized to make such inspections. Instructions in this regard will be provided by the Director, Office of Civil Rights, U.S. Department of Energy. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts (excluding procurement contracts), property, discounts or other Federal assistance extended after the date hereto, to the Applicants by the Department of Energy, including installment payments on account after such data of application for Federal assistance which are approved before such date. The Applicant recognizes and agrees that such Federal assistance will be extended in reliance upon the representation and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, the successors, transferees, and assignees, as well as the person(s) whose signature appears below and who are authorized to sign this assurance on behalf of the Applicant. Applicant Certification The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with all applicable requirements of 10 C.F.R. § 1040.5 (a copy will be furnished to the Applicant upon written request to DOE). Designated Responsible Employee ( ) - Name and Title (Printed to Typed) Telephone Number Signature Date ( ) - Applicant’s Name Telephone Number Address: Date Authorized Official: President, Chief Executive Officer or Authorized Designee , ( ) - Name and Title (Printed to Typed) Telephone Number Signature Date Erin Quentell 248 600 9001 County of Oakland 1200 N. Telegraph Pontiac MI 48341 David Woodward, Chair 248 296 5033 3/28/2024 ADMINISTRATIVE AND LEGAL REQUIREMENTS DOCUMENT (ALRD) U.S. Department of Energy Office of the Under Secretary for Infrastructure Golden Field Office Energy Efficiency and Conservation Block Grant (EECBG) Program Infrastructure Investment and Jobs Act (IIJA) of 2021 Energy Efficiency and Conservation Block Grant (EECBG) Program Formula Awards (EECBG Program Formula) - IIJA ALRD CFDA Number: 81.128, Energy Efficiency and Conservation Block Grant Program PURPOSE The purpose of this Administrative and Legal Requirements Document (ALRD) is to provide guidance to States, Local Governments, and Indian Tribes for preparation of EECBG Program Formula Grant applications submitted in response to Section 40552 of the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL). Issue Date: January 18, 2023 Application Due Dates: • All Applicants: Pre-Award Information Sheet or registration on the voucher portal due ASAP. • For State and Territory Applicants Only: Application due by July 31, 2023, at 8:00 PM ET • Local Government Applicants Only: Application due by April 30, 2024, at 8:00 PM ET • Tribal Government Applicants Only: Application due by May 31, 2025, at 8:00 PM ET DOE will accept applications using five application periods. Applications meeting DOE priority criteria (see application instructions section 6.2 for more information) may apply in application Periods 1 and 2. All other applicants may apply in Periods 3, 4, and 5: Application Period Application Submittal Timeframe Applications Accepted 1 January 18, 2023 – April 28, 2023 State, Local Government and Tribal applications in one or more priority categories 2 June 1, 2023 – July 31, 2023 3 Sept 1, 2023 – Oct 31, 2023 All other Local Government and Tribal applications 4 December 1, 2023 – Jan 31, 2024 5 March 1, 2024 – April 30, 2024 6 May 1, 2024 – May 31, 2025 All other Tribal applications Note: Due to the volume of applications, DOE may not review your application immediately upon submittal. Once a complete application is received and reviewed by DOE, it typically takes up to 60 days to process an EECBG Program formula grant. Applications are not necessarily considered 1 complete upon submission. For additional information on application requirements, see Section 6.0 of the application instructions. 2 REGISTRATION/SUBMISSION REQUIREMENTS Registration Requirements (GRANT APPLICANTS ONLY): Allow at least 21 days to complete. If you have not already registered, there are several one-time actions grant applicants must complete: 1. Register with the System for Award Management (SAM) at https://www.sam.gov. Designating an Electronic Business Point of Contact (EBiz POC) and obtaining a special password called an MPIN are important steps in SAM registration. Please update your SAM registration annually. Upon registration, SAM will automatically assign a Unique Entity ID (UEI). Unique Entity ID and System for Award Management (SAM) — Each applicant (unless the applicant is excepted from those requirements under 2 CFR 25.110) is required to: (1) be registered in the SAM at https://www.sam.gov before submitting its application, (2) provide a valid UEI number in its application; and (3) continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. DOE may not make a federal award to an applicant until the applicant has complied with all applicable UEI and SAM requirements. If an applicant has not fully complied with the requirements by the time DOE is ready to make a federal award, the DOE will determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. NOTE: Due to the high demand of UEI requests and SAM registrations, entity legal business name and address validations are taking longer than expected to process. Entities should start the UEI and SAM registration process as soon as possible. If entities have technical difficulties with the UEI validation or SAM registration process, they should utilize the HELP feature on SAM.gov. SAM.gov will work on entity service tickets in the order in which they are received and asks that entities not create multiple service tickets for the same request or technical issue. Additional entity validation resources can be found here: GSAFSD Tier 0 Knowledge Base - Validating your Entity. 2. Register in FedConnect to receive and acknowledge your award at https://www.fedconnect.net/. See the Quick Start Guide at https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf For additional questions, email support@fedconnect.net or call 1-800-899-6665. 3. Have a login for the Performance and Accountability for Grants in Energy (PAGE) System at https://www.page.energy.gov/default.aspx in order to submit your application. For questions regarding PAGE, refer to the Help Menu in PAGE or contact the PAGE hotline at PAGE- Hotline@ee.doe.gov or 1-866-492-4546. Electronic Signatures: Acknowledgement of award documents by the Grantee’s authorized representative through electronic systems used by the Department of Energy, including FedConnect, constitutes the Grantee's acceptance of the terms and conditions of the award. Acknowledgement via FedConnect by the Grantee’s authorized representative constitutes the Grantee's electronic signature. IMPORTANT: The electronically signed Assistance Agreement with attached award documents distributed via FedConnect is the formal authorization and approval from the Contracting Officer. Grantees may not rely on PAGE as the formal authorization and approval. Award documents in the initial award and any modifications to the award must be reviewed and acknowledged by the Grantee in FedConnect. 3 All modifications to the ALRD are [HIGHLIGHTED] in the body of the ALRD. Mod. No. Date Description of Modification 1 5/1/2023 Deadline to submit Pre-Award Information Sheet extended to July 31, 2023. Original deadline was April 28, 2023. 2 10/31/2023 Deadline for local government and Tribal EECBG Program applications extended to April 30, 2024. Original deadline was January 31, 2024. Section V.D.4. updated to include July 28, 2023, DOE Build America, Buy America General Applicability Public Interest Waiver. Links to new EECBG Program resources that were not available at the original time of drafting were added, including the EECBG Program Formula Application Hub and voucher guidance materials. National Environmental Policy Act (NEPA) Statements of Work were added to the list of Reference Material in Part VII. The IIJA EECBG Program Application Instructions referenced in Part VII were updated in accordance with the October 31, 2023, ALRD modifications and to reflect recent developments in the EECBG Program. 3 2/27/2024 Deadline for Tribal EECBG Program applications extended to May 31, 2025. Previous deadline was April 30, 2024. In the previous IIJA EECBG Program Attachment 1C: DOE Formula Grant Funding Allocations to Indian Tribes for the Energy Efficiency and Conservation Block Grant (EECBG) Program Document, Oneida Nation's state abbreviation was listed incorrectly listed as NY. It has been corrected to WI. The IIJA EECBG Program Application Instructions referenced in Part VII were updated in accordance with the February 27, 2024, ALRD modifications. 4 TABLE OF CONTENTS PART I AUTHORITY ............................................................................................................................... 3 PART II AWARD INFORMATION ........................................................................................................ 3 A. TYPE OF AWARD INSTRUMENT .................................................................................................... 3 B. ESTIMATED FUNDING ..................................................................................................................... 3 C. PERIOD OF PERFORMANCE ........................................................................................................... 4 PART III ELIGIBILITY INFORMATION ............................................................................................. 4 A. ELIGIBLE APPLICANTS ................................................................................................................... 4 B. COST MATCHING .............................................................................................................................. 4 PART IV APPLICATION AND SUBMISSION INFORMATION ....................................................... 4 A. CONTENT AND FORM OF APPLICATION: GRANTS ................................................................... 4 PART V AWARD ADMINISTRATION INFORMATION ................................................................... 5 A. AWARD NOTICES.............................................................................................................................. 5 B. FUNDING RESTRICTIONS ............................................................................................................... 5 C. REPORTING ........................................................................................................................................ 5 D. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS .............................................. 6 PART VI OTHER INFORMATION ...................................................................................................... 13 A. INTERGOVERNMENTAL REVIEW ............................................................................................... 13 B. GOVERNMENT RIGHT TO REJECT OR NEGOTIATE ................................................................ 13 C. COMMITMENT OF PUBLIC FUNDS ............................................................................................. 13 D. LOBBYING RESTRICTIONS ........................................................................................................... 13 E. EXPENDITURE RESTRICTIONS .................................................................................................... 13 F. MODIFICATIONS ............................................................................................................................. 13 G. PROPRIETARY APPLICATION INFORMATION ......................................................................... 14 H. PROTECTED PERSONALLY IDENTIFIABLE INFORMATION ................................................. 14 PART VII REFERENCE MATERIAL .................................................................................................. 16 5 PART I AUTHORITY The EECBG Program is authorized by Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), as amended,1 and signed into Public Law (PL 110-140) on December 19, 2007. All awards made under this program shall comply with applicable laws and regulations including, but not limited to, 2 CFR Part 200 as amended by 2 CFR Part 910 and Section 40552 of the Infrastructure Investment and Jobs Act (IIJA) (PL 117-58). PART II AWARD INFORMATION A. TYPE OF AWARD INSTRUMENT DOE will award grants or vouchers. Entities eligible for formula EECBG Program allocations, including state, local, and Tribal governments can apply to DOE for an EECBG Program award. States are eligible to apply for a grant. Local and Tribal governments can apply for either a grant or a voucher. Vouchers may be used for technical assistance and/or equipment rebates. Local governments and Tribal entities must choose either a grant or voucher and must allocate 100% of their EECBG Program funding to either a voucher or a grant. States are not eligible to apply for a voucher. Local and Tribal governments are encouraged to indicate whether they are choosing a grant or a voucher as soon as possible by submitting the Pre-Award Information Sheet. See “EECBG Program Application Instructions” for additional details. B. ESTIMATED FUNDING Entities shall administer DOE funds received under the EECBG Program in accordance with Federal rules and regulations as well as applicable state, local or Tribal policies and procedures. The Grantee is to manage Federal Funds in a prudent, effective, and efficient manner to accomplish program objectives. The Infrastructure Investment and Jobs Act, Section 40552 provides $550 million for EECBG Program for fiscal year 2022, to remain available until expended. DOE will distribute $440 million in formula and competitive EECBG Program funding to eligible units of local government, states, and Indian Tribes. Of the amount appropriated by IIJA, DOE will allocate funds as prescribed in section 543 of EISA: • 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.2 IIJA allocations for EECBG Program direct formula awards from the DOE, as adjusted, are based on the following funding amounts: • $299,200,000 for formula awards to eligible units of local government o $149,600,000 to eligible units of local government-alternative 1 o $149,600,000 to eligible units of local government-alternative 2 • $123,200,000 for formula awards to states 1 42 U.S.C. 17151 et seq. 2 42 U.S.C. 17153(a). 6 o Each state (except for those noted as exempt in Section 6.3.E of the application instructions) is required to pass not less than 60% of its allocation through to cities and counties within the state that are ineligible for direct formula grants from DOE. • $8,800,000 for formula awards to eligible Indian Tribes DOE also intends to allocate $8.8 million for competitive grants available to units of local government (including Indian Tribes) and consortia of units of local government that are not eligible to receive direct formula grants from DOE. Availability of competitive grants will be announced through a separate future Funding Opportunity Announcement (FOA). Prior to distributing funding to eligible entities, DOE intends to utilize $110 million to ensure delivery of an effective and efficient EECBG Program and to provide technical assistance to eligible entities throughout the lifetime of the EECBG Program. Funding Amount: Funding allocations to states, local governments, and Indian Tribes are included as attachments to this document. C. PERIOD OF PERFORMANCE Grants will consist of a 3-year Project and Budget Period for States, and a 2-year Project and Budget Period for Local Governments and Indian Tribes. Vouchers to Local Governments and Indian Tribes will be for a 2-year Project and Budget Period. Recipients may request a no-cost time extension (or a modification to shorten the period of performance) of their grant or voucher. PART III ELIGIBILITY INFORMATION A. ELIGIBLE APPLICANTS In accordance with Section 543 of EISA, eligible entities for EECBG Program formula allocations include States (including U.S. Territories, and the District of Columbia, hereinafter referred to as “states”), local governments, and Indian Tribes.3 Eligibility for this award is restricted to eligible states, local governments and Indian Tribes applying for formula grant financial assistance under the EECBG Program. No other entity types may be considered for this funding. B. COST MATCHING Cost match is not required for these awards. PART IV APPLICATION AND SUBMISSION INFORMATION A. CONTENT AND FORM OF APPLICATION: GRANTS The application must be submitted via the PAGE online system at https://www.page.energy.gov/default.aspx. DOE reserves the right to request additional or clarifying information for any reason deemed necessary. Applications will be reviewed for consistency with the EECBG Program objectives. 3 42 U.S.C. 17153(a). 7 The EECBG Program Grant Application consists of: • Standard Form 424 (Application form) • Standard Form 424A (Budget summary) • Budget Justification • Energy Efficiency and Conservation Strategy • EECBG Program Activity File • Required certifications • Electronic copy (or web link) to the applicant’s latest single or program-specific audit as required by 2 CFR 200 Subpart F • NEPA Statement of Work (SOW) • An environmental questionnaire (EQ-1) (if applicable) • Pre-Award Information Sheet Please see Section 6.3 in the Application Instructions for more detail. Note: applicants choosing a Voucher should not submit a grant application. Additional Guidance on the Voucher application process is available on the following website, https://www.energy.gov/scep/eecbg- program-formula-grant-application-hub. PART V AWARD ADMINISTRATION INFORMATION A. AWARD NOTICES An Assistance Agreement issued by the Contracting Officer is the authorizing award document for traditional grants (as opposed to vouchers). The Assistance Agreement normally includes, either as an attachment or by reference: (1) Special Terms and Conditions; (2) Application as approved by DOE; (3) DOE Financial Assistance regulations at 2 CFR Part 200 as amended by 2 CFR Part 910; (4) National Policy Assurances To Be Incorporated As Award Terms; (5) Budget Summary; (6) Intellectual Property Provisions; (7) Federal Assistance Reporting Checklist, which identifies the Reporting Requirements; and (8) National Environmental Policy Act (NEPA) Determination. These documents are sent to the Recipient via FedConnect. B. FUNDING RESTRICTIONS All expenditures must be allowable, allocable, and reasonable in accordance with the applicable Federal cost principles. Refer to the following Federal cost principles for more information: 2 CFR Part 200 as amended by 2 CFR Part 910. Under 2 CFR Part 200 as amended by 2 CFR Part 910 regulations, the cost principles are contained in Subpart E–Cost Principles within 2 CFR Part 200. C. REPORTING Reporting requirements are identified on the Federal Assistance Reporting Checklist (FARC), attached to the award agreement. Awards initiated since 10/1/2010 are subject to the requirement of Reporting Subawards and Executive Compensation to comply with the Federal Funding and Transparency Act of 2006 (FFATA). Additional 8 information about this requirement can be found in the Special Terms and Conditions of the recipient’s award, at https://www.fsrs.gov, and in 2 CFR Part 170. Additional information regarding reporting is available from the EECBG Program website, at: https://www.energy.gov/scep/eecbg-program-formula-grant-application-hub. D. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS 1. Administrative Requirements • The administrative requirements for DOE grants and cooperative agreements are contained in: • 2 CFR Part 200 as amended by 2 CFR Part 910 and 10 CFR Part 420 • 2 CFR Part 25 – Universal Identifier and Central Contractor Registration • 2 CFR Part 170 – Reporting Subaward and Executive Compensation The Electronic Code of Federal Regulations is found at www.ecfr.gov. 2. National Policy Requirements The National Policy Assurances to be incorporated as Award Terms are located at http://www.nsf.gov/awards/managing/rtc.jsp. Intellectual Property Provisions. The standard DOE financial assistance intellectual property provisions applicable to the various types of recipients are located at http://energy.gov/gc/standard-intellectual-property-ip-provisions-financial-assistance-awards 3. Environmental Review in Accordance with National Environmental Policy Act (NEPA) The Office of the Under Secretary for Infrastructure’s decision whether and how to distribute Federal funds is subject to the National Environmental Policy Act (42 U.S.C. 4321, et seq.). NEPA requires Federal agencies to integrate environmental values into their decision-making processes by considering the potential environmental impacts of their proposed actions. For further information on NEPA requirements, see section 6.3.G in the Application Instructions. 4. Build America, Buy America Requirements Federally assisted projects which involve infrastructure work, undertaken by applicable recipient types, require that: • All iron, steel, and manufactured products used in the infrastructure work are produced in the United States; and • All construction materials used in the infrastructure work are manufactured in the United States. Whether a given project must apply this requirement is project-specific and dependent on several factors, such as the recipient’s entity type, whether the work involves “infrastructure,” as that term is defined in Section 70914 of the BIL, and whether the infrastructure in question is publicly owned or serves a public function. Additionally, recipients with EECBG Program allocations less than $250,000 are exempt from Build America, Buy America requirements under a July 28, 2023, DOE General Applicability Public Interest Waiver.4 4 See: https://www.energy.gov/sites/default/files/2023-07/DOE-Final-%20Public%20Interest- %20Sm%20Grant%20De%20Minimis%20Minor%20Component%20- %20Final%20for%20posting%207.26.23_0.pdf 9 Applicants are strongly encouraged to consult the Build America, Buy America Guidance and Resources5 to determine whether their project may have to apply this requirement, both to make an early determination as to the need of a waiver, as well as to determine what impact, if any, this requirement may have on the proposed project’s budget. 5. Definitions a. For purposes of the Buy America requirements, the following definitions apply: • Construction materials includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives —that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. • Infrastructure includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. In addition to the above, the infrastructure in question must be publicly owned or must serve a public function; privately owned infrastructure that is solely utilized for private use is not considered “infrastructure” for purposes of Buy America applicability. The Agency, not the applicant, will have the final say as to whether a given project includes infrastructure, as defined herein. Accordingly, in cases where the “public” nature of the infrastructure is unclear, DOE strongly recommends that applicants complete their full application with the assumption that Buy America requirements will apply to the proposed project. • Project means the construction, alteration, maintenance, or repair of infrastructure in the United States. b. Buy America Requirements for Infrastructure Projects (“Buy America” Requirements) In accordance with Section 70914 of the BIL, none of the project funds (includes federal share and recipient cost share) may be used for a project for infrastructure unless: 5 See: https://www.madeinamerica.gov and https://www.whitehouse.gov/omb/management/made-in-america/build- america-buy-america-act-federal-financial-assistance/ 10 (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials 6 are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America requirements only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor do Buy America requirements apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. These requirements must flow down to all sub-awards, all contracts, subcontracts, and purchase orders for work performed under the proposed project. For additional information related to the application and implementation of these Buy America requirements, please see OMB Memorandum M-22-11, issued April 18, 2022: https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf. c. DOE Submission Requirements for Full Application Within the activity file, applicants must provide a short statement on whether the project will involve the construction, alteration, and/or repair of infrastructure in the United States. The ultimate determination about whether a project includes infrastructure remains with DOE. However, the applicant’s statement will assist project planning and integration of domestic preference requirements, which may impact the project’s proposed budget. Waivers In limited circumstances, DOE may waive the application of the Buy America requirements where DOE determines that: (1) applying the Buy America requirements would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or, (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. 6 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 11 On July 28, 2023, DOE issued a General Applicability Public Interest Waiver that, among other things, waives Build America, Buy America requirements for any financial assistance agreements that are less than $250,000. The waiver also waives Build America, Buy America Preference where covered products represent less than 5 percent of the total applicable project costs (up to a maximum of $1 million).7 Recipients with EECBG Program allocations under this threshold are covered by this waiver and therefore exempt from Build America, Buy America requirements. If an applicant is seeking a waiver of the Buy America requirements, it must include a written waiver request with the Full Application. A waiver request must include: • A detailed justification for the use of “non-domestic” iron, steel, manufactured products, or construction materials to include an explanation as to how the non-domestic item(s) is essential to the project • A certification that the applicant or recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers • Applicant /Recipient name and Unique Entity Identifier (UEI) • Total estimated project cost, DOE and cost-share amounts • Project description and location (to the extent known) • List and description of iron or steel item(s), manufactured goods, and construction material(s) the applicant or recipient seeks to waive from Domestic Content Procurement Preference requirement, including name, cost, country(ies) of origin (if known), and relevant PSC and NAICS code for each. • Waiver justification including due diligence performed (e.g., market research, industry outreach) by the applicant or recipient • Anticipated impact if no waiver is issued DOE may require additional information before considering the waiver request. DOE may require additional information before considering the waiver request. See DOE Buy America Requirement Waiver Requests | Department of Energy Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at https://www.madeinamerica.gov/waivers/. 5. Davis Bacon Prevailing Wage Requirements Projects awarded under this ALRD will be funded under Division D of the BIL. Accordingly, per section 41101 of that law, all laborers and mechanics employed by the applicant, subrecipients, contractors or subcontractors in the performance of construction, alteration, or repair work funded in whole or in part under this ALRD shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA). By accepting an award as a result of this ALRD, the Applicant is acknowledging the DBA requirements above, and confirming that the laborers and mechanics performing construction, alteration, or repair work on projects funded in whole or in part by awards made as a result of this ALRD are paid or will be paid 7 See: https://www.energy.gov/sites/default/files/2023-07/DOE-Final-%20Public%20Interest- %20Sm%20Grant%20De%20Minimis%20Minor%20Component%20- %20Final%20for%20posting%207.26.23_0.pdf 12 wages at rates not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act). Applicants acknowledge that they will comply with all of the Davis-Bacon Act requirements, including but not limited to: (1) Ensuring that the wage determination(s) and appropriate Davis-Bacon clauses and requirements are flowed down to and incorporated into any applicable subcontracts or subrecipient awards. (2) Ensuring that if wage determination(s) and appropriate Davis-Bacon clauses and requirements are improperly omitted from contracts and subrecipient awards, the applicable wage determination(s) and clauses are retroactively incorporated to the start of performance. (3) Being responsible for compliance by any subcontractor or subrecipient with the Davis-Bacon labor standards. (4) Receiving and reviewing certified weekly payrolls submitted by all subcontractors and subrecipients for accuracy and to identify potential compliance issues. (5) Maintaining original certified weekly payrolls for 3 years after the completion of the project and must make those payrolls available to the DOE or the Department of Labor upon request, as required by 29 CFR 5.6(a)(2). (6) Conducting payroll and job-site reviews for construction work, including interviews with employees, with such frequency as may be necessary to assure compliance by its subcontractors and subrecipients and as requested or directed by the DOE. (7) Cooperating with any authorized representative of the Department of Labor in their inspection of records, interviews with employees, and other actions undertaken as part of a Department of Labor investigation. (8) Posting in a prominent and accessible place the wage determination(s) and Department of Labor Publication: WH-1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects. (9) Notifying the Contracting Officer of all labor standards issues, including all complaints regarding incorrect payment of prevailing wages and/or fringe benefits, received from the recipient, subrecipient, contractor, or subcontractor employees; significant labor standards violations, as defined in 29 CFR 5.7; disputes concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in FAR 52.222-14; disputed labor standards determinations; Department of Labor investigations; or legal or judicial proceedings related to the labor standards under this Contract, a subcontract, or subrecipient award. (10) Preparing and submitting to the Contracting Officer, the Office of Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual Labor Compliance Report, by April 21 and October 21 of each year. Form submittal will be administered through the iBenefits system (https://doeibenefits2.energy.gov) or its successor system. Recipients of funding under this ALRD will also be required to undergo DBA compliance training and to maintain competency in DBA compliance. The Contracting Officer will notify the recipient of any DOE sponsored DBA compliance trainings. The U.S. Department of Labor (“DOL”) offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events. 13 For additional guidance on how to comply with the DBA provisions and clauses, see https://www.dol.gov/agencies/whd/government-contracts/construction and https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-construction. PART VI OTHER INFORMATION A. INTERGOVERNMENTAL REVIEW Program Subject to Executive Order 12372 This program is subject to Executive Order 12372 (Intergovernmental Review of Federal Programs) and the regulations at 10 CFR Part 1005. One of the objectives of the Executive Order is to foster an intergovernmental partnership and a strengthened federalism. The Executive Order relies on processes developed by state and local governments for coordination and review of proposed Federal financial assistance. Applicants should contact the appropriate State Single Point of Contact (SPOC) to find out about, and to comply with, the state's process under Executive Order 12372. The names and addresses of the SPOCs are listed on the Web site of the Office of Management and Budget at Intergovernmental Review (SPOC List) (whitehouse.gov) Intergovernmental Review (SPOC List) (whitehouse.gov). B. GOVERNMENT RIGHT TO REJECT OR NEGOTIATE DOE reserves the right, without qualification, to reject any or all applications received in response to this ALRD and to select any application, in whole or in part, as a basis for negotiation and/or award. C. COMMITMENT OF PUBLIC FUNDS The Contracting Officer is the only individual who can make awards or commit the Government to the expenditure of public funds. A commitment by other than the Contracting Officer, either explicit or implied, is invalid. D. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. E. EXPENDITURE RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to support or oppose union organizing. F. MODIFICATIONS Modifications to this ALRD will be processed and disseminated in the same manner as other EECBG Program Notices. 14 G. PROPRIETARY APPLICATION INFORMATION DOE will use data and other information contained in applications strictly for evaluation purposes. Applicants should not include confidential, proprietary, or privileged information in their applications unless such information is necessary to convey an understanding of the proposed project. Applications containing confidential, proprietary, or privileged information must be marked as described below. Failure to comply with these marking requirements may result in the disclosure of the unmarked information under the Freedom of Information Act or otherwise. The U.S. Government is not liable for the disclosure or use of unmarked information and may use or disclose such information for any purpose. The cover sheet of the application must be marked as follows and identify the specific pages containing confidential, proprietary, or privileged information: Please be aware that all information provided to DOE (including confidential proprietary or confidential commercial information) is subject to public release under the Freedom of Information Act (FOIA). (5 U.S.C. § 552(a) (3) (A) (2006), amended by OPEN Government Act of 2007, Pub. L. No. 110175, 121 Stat. 2524). When a FOIA request covers information submitted to DOE by an applicant, and the cognizant DOE FOIA Officer cannot make an independent determination regarding the public releasability of this information, the cognizant DOE FOIA Officer will contact the submitter and ask for comment regarding the redaction of information under one or more of the nine FOIA exemptions. However, the cognizant DOE FOIA Officer will make the final decision regarding FOIA redactions. Submitters are given a minimum of 7 days to provide redaction comments and if DOE disagrees with the submitter’s comment, DOE will notify the submitter of the intended public release no less than seven (7) days prior to the public disclosure of the information in question.” (10 CFR Part 1004.11). H. PROTECTED PERSONALLY IDENTIFIABLE INFORMATION In responding to this ALRD, Applicants must ensure that Protected Personally Identifiable Information (PII) is not included in the application documents. PII is defined by the Office of Management and Budget (OMB) and DOE as: Any information about an individual maintained by an agency, including but not limited to, education, financial transactions, medical history, and criminal or employment history and information that can be used to distinguish or trace an individual’s identity, such as their name, social security number, date and place of birth, mother’s maiden name, biometric records, etc., including any other personal information that is linked or linkable to an individual. This definition of PII can be further defined as: (1) Public PII and (2) Protected PII. Public PII: PII found in public sources such as telephone books, public websites, business cards, university listing, etc. Public PII includes first and last name, address, work telephone number, email address, home telephone number, and general education credentials. Protected PII: PII that requires enhanced protection. This information includes data that if compromised could cause harm to an individual such as identity theft. Listed below are examples of Protected PII that Applicants must not include in their application. • Social Security Numbers in any form • Place of birth associated with an individual • Date of birth associated with an individual 15 • Mother’s maiden name associated with an individual • Biometric record associated with an individual • Fingerprint • Iris scan • DNA • Medical history information associated with an individual • Medical conditions, including history of disease • Metric information, e.g., weight, height, blood pressure • Criminal history associated with an individual • Employment history and other employment information associated with an individual • Ratings • Disciplinary actions • Performance elements and standards (or work expectations) are PII when they are so intertwined with performance appraisals that their disclosure would reveal an individual’s performance appraisal • Financial information associated with an individual • Credit card numbers • Bank account numbers • Security clearance history or related information (not including actual clearances held) 16 PART VII REFERENCE MATERIAL IIJA EECBG Program Formula Allocations IIJA EECBG Program Application Instructions IIJA EECBG Program Formula Pre-Award Information Sheet IIJA EECBG Program Energy Efficiency and Conservation Strategy Templates IIJA EECBG Program NEPA Statements of Work 1 ECBG Program Notice 22-01 Effective Date: January 18, 2023 Modified Date: February 27, 2024 SUBJECT: INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021 ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM FORMULA GRANT APPLICATION INSTRUCTIONS TABLE OF CONTENTS 1.0 PURPOSE .............................................................................................................................................. 3 2.0 SCOPE ................................................................................................................................................... 3 2.1 ELIGIBLE APPLICANTS ........................................................................................................ 3 2.2 ALLOWABLE ACTIVITIES .................................................................................................... 6 2.3 EECBG PROGRAM FORMULA AWARDS: GRANTS AND VOUCHERS ......................... 8 2.4 TEAMING AND PARTNERSHIPS ....................................................................................... 10 3.0 LEGAL AUTHORITY ....................................................................................................................... 11 4.0 PROGRAM OVERVIEW & GOALS ............................................................................................... 11 4.1 DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY ........................................... 12 4.2 JUSTICE40 INITIATIVE ........................................................................................................ 13 4.3 JOB GROWTH AND QUALITY............................................................................................ 17 4.4 TECHNICAL ASSISTANCE .................................................................................................. 17 4.5 BLUEPRINTS ......................................................................................................................... 18 5.0 FUNDING ............................................................................................................................................ 19 5.1 IIJA FORMULA ALLOCATIONS ......................................................................................... 19 5.2 COST MATCH ........................................................................................................................ 20 5.3 PROGRAM INCOME ............................................................................................................. 20 6.0 APPLICATION INSTRUCTIONS FOR IIJA EECBG PROGRAM FORMULA GRANTS ..... 20 6.1 OVERVIEW ............................................................................................................................ 20 6.2 APPLICATION REVIEW PROCESS..................................................................................... 21 6.3 EECBG PROGRAM GRANT AWARD APPLICATION ...................................................... 21 6.3. A. STANDARD FORM 424 (APPLICATION) ..................................................................... 22 6.3. B. STANDARD FORM 424A (BUDGET) ............................................................................ 22 6.3. C. ENERGY EFFICIENCY AND CONSERVATION STRATEGY .................................... 24 6.3. D. EECBG PROGRAM ACTIVITIES FILE ......................................................................... 25 6.3. E. LIMITATIONS .................................................................................................................. 26 6.3. F. OTHER FORMS ................................................................................................................ 27 2 6.3. G. NATIONAL ENVIRONMENTAL POLICY ACT INFORMATION .............................. 27 7.0. APPLICATION FORMAT AND CHANGES (FORMULA GRANTS) ....................................... 29 7.1. A. CONTENT AND FORM OF APPLICATION .................................................................. 29 7.1. B. OTHER SUBMISSION AND REGISTRATION REQUIREMENTS .............................. 29 7.1. C. QUESTIONS/AGENCY CONTACTS .............................................................................. 30 8.0 REPORTING REQUIREMENTS ..................................................................................................... 30 9.0 VOUCHERS ........................................................................................................................................ 30 9.1 PURPOSE ................................................................................................................................ 30 9.2 A. TECHNICAL ASSISTANCE VOUCHERS ...................................................................... 30 9.2 B. VOUCHERS FOR EQUIPMENT REBATES .................................................................... 31 9.3 VOUCHER APPLICATION PROCESS ................................................................................ 31 10.0 CONCLUSION ................................................................................................................................. 32 APPENDIX 1: APPLICATION MATERIALS CHECKLIST ............................................................. 34 APPENDIX 2: BLUEPRINTS – TOPICS AND KEY ACTIVITIES WITH STREAMLINED REVIEWS .................................................................................................................................................. 35 3 1.0 PURPOSE The Department of Energy (DOE) is establishing Formula Grant Application Instructions and management information for the Infrastructure Investment and Jobs Act (IIJA) Energy Efficiency and Conservation Block Grant (EECBG) Program, including (1) Administrative and Legal Requirements Document (ALRD), (2) IIJA Formula Allocations to States, Local Governments and Indian Tribes, (3) IIJA Application Checklist, (4) IIJA EECBG Program Pre-Award Information Sheet, and (5), IIJA Energy Efficiency and Conservation Strategy Templates. The EECBG Program assists eligible states, units of local government, and Indian Tribes, as described below (herein called “entities” or “eligible entities”) in implementing strategies to: • Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximizes benefits for local and regional communities; • Reduce the total energy use of the eligible entities; and • Improve energy efficiency in the transportation sector, the building sector, and other appropriate sectors.1 • Build a clean and equitable energy economy that prioritizes disadvantaged communities and promotes equity and inclusion in workforce opportunities and deployment activities, consistent with the Justice40 Initiative. These stated purposes describe the overall intent of the EECBG Program. Entities may develop various initiatives and projects that address one or more of the purposes and each activity an entity undertakes is not required to meet all of the stated purposes. Entities may choose from a range of eligible activities, as defined in Section 544 of the Energy Independence and Security Act of 2007 2(EISA) as amended by Section 40552(a) of the IIJA (Public Law 117-58). Each entity receiving EECBG Program funds (including State sub-recipients) is required to use the funds in a cost-effective manner that is of maximum benefit to the population of that entity and in a manner that will yield sustained long-term impacts in terms of energy, emission reductions, and equitable workforce and community investment opportunities. To these ends, DOE encourages entities to develop new and innovative approaches within the framework of the legislation and Program Guidance. 2.0 SCOPE The provisions of this Program Notice apply to eligible entities applying for formula grant financial assistance under DOE’s EECBG Program with appropriations provided by the IIJA under Section 40552(b). The information in this Program Notice incorporates relevant provisions from the Code of Federal Regulations (CFR) applicable to financial assistance awards under the EECBG Program, including 2 CFR Part 200 as amended by 2 CFR Part 910 (the DOE Financial Assistance Rules) and the EECBG Statute, located at 42 U.S.C. Chapter 152, Subchapter IV, Part C. These regulations are the official sources for program requirements. 2.1 ELIGIBLE APPLICANTS In accordance with Section 543 of EISA, eligible entities for EECBG Program formula allocations include States, local governments, and Indian Tribes.3 Eligibility is restricted to eligible state, local, and Tribal governments applying for funding under the EECBG Program. The list of eligible entities and 1 42 U.S.C. 17152(b). 2 42 U.S.C. 17154. 3 42 U.S.C. 17153(a). 4 funding allocations are attached to the ALRD and available on the EECBG Program website at: https://www.energy.gov/clean-energy-infrastructure/energy-efficiency-and-conservation-block-grant- program. State Government Eligibility For the purposes of the EECBG Program, there are 56 entities eligible for state formula grants. These are the 50 states, the District of Columbia, and the following five U.S. Territories: the Commonwealth of Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. Local Government Eligibility Section 541(2) of EISA divides eligible units of local government into two categories, defined as “eligible unit of local government-alternative 1” (“local government-alternative 1”) and “eligible unit of local government-alternative 2” (“local government-alternative 2”).4 DOE determined that 1,878 local governments are eligible for EECBG Program formula grants. Local Government-Alternative 1 There are 1,878 local governments eligible under the definition of Local Government-Alternative 1 and meet the following criteria outlined in section 541(3)(A) of EISA: • cities that are one of the top 10 most populous cities within their state or that have a population of at least 35,000; and • counties that are one of the 10 most populous counties within their state or that have a population of more than 200,000.5 Local Government-Alternative 2 There are 1,032 local governments eligible under the definition of the Local Government-Alternative 2 and meet the following criteria outlined in section 541(3)(B) of EISA: • cities with populations of at least 50,000; or • counties with populations of at least 200,000.6 Local governments eligible for Local Government-Alternative 2 funding are also eligible for Local Government-Alternative 1 funding. DOE used the U.S. Census Bureau’s 2020 Decennial Census Redistricting Data to determine the population of local governments. City and county governments that do not meet the eligibility requirements for direct formula grants from DOE are eligible for EECBG Program funds through the state in which they are located and can also apply for EECBG Program competitive grants from DOE. While EISA directs DOE to provide grants to cities and counties that qualify as eligible units of local government, EISA does not define “city” or “county.” DOE established the definitions of “city” and “county” in alignment with the eligibility criteria DOE used for the EECBG Program under the American Recovery and Reinvestment Act (ARRA), to the extent practicable.7 4 42 U.S.C. 17151(2). 5 42 U.S.C. 17151(3)(A). 6 42 U.S.C. 17151(3)(B). 7 71 FR 17461, 17462 (Apr. 15, 2009). 5 Definition of “City” For the purposes of the EECBG Program, DOE is defining “city” to include certain city-equivalent units of local government. Specifically, a city-equivalent unit of local government such as a town, village, or other municipality will be considered eligible if it is listed in the 2021 Census of Governments Survey as a currently incorporated entity, has a governance structure consisting of an elected official and governing body, is capable of carrying out the activities outlined in EISA, and meets the required population thresholds outlined in EISA. DOE used the 2022 Boundary and Annexation Survey Code Lists to identify eligible local governments within the Commonwealth of Puerto Rico. Additionally, a consolidated or unified city-county government in which a city and a county overlap geographically and govern as one consolidated government is considered a city by DOE. DOE includes the following clarifications to the records used to calculate the universe of cities that are eligible for the EECBG Program: • In the Commonwealth of Puerto Rico, Municipios are treated as cities. Though designated as counties by the 2020 Census: Redistricting File (Public Law 94-171) Dataset, governments of Municipios have the functionality of city governments. • Towns, townships, and boroughs that are incorporated places are treated as cities. The governments of these places have the functionality of city governments. • In the states of Connecticut, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Wisconsin, minor civil divisions are treated as cities.8 • There are no eligible entities in the District of Columbia, U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. Definition of “County” For the purposes of the EECBG Program, a county will be considered eligible for direct formula grants if it is listed in the 2021 Census of Governments Survey as a currently incorporated county, has a governance structure with an elected official and governing body, is capable of carrying out the activities outlined in EISA, and meets the required population thresholds outlined in EISA. For counties, all population figures are adjusted to reflect only the balance of their population, excluding the populations of any eligible cities therein. This population is referred to as the “county balance population.” 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 that contain only a part of an eligible city, DOE subtracted the portion of the eligible city’s population living within that county. DOE includes the following clarifications to the records used to calculate the universe of counties that are eligible for the EECBG Program: • Counties that are not a part of the 2021 Census of Governments Survey and are without governmental authority are not a part of the database and are thus not eligible for direct EECBG Program formula grants. This pertains to some counties in Alaska and Massachusetts, as well as all counties in Connecticut and Rhode Island. 8 United States Census Bureau Terms and Definitions – Minor Civil Divisions. 6 • If one or more of the 10 most populated counties is ineligible or considered a city (i.e., a city- county consolidated government), the next largest county by population will be moved into the list of the 10 most populated counties for that state. • Census areas in Alaska were not considered eligible counties because they have limited government functions.9 • There are no counties in the District of Columbia. Indian Tribe Eligibility As defined by section 541(4) of EISA, the term “‘Indian Tribe’ has the meaning given the term” in section 4 of the Indian Self-Determination and Education Assistance Act.’”10 The Indian Self- Determination and Education Assistance Act states that the term “Indian Tribe” 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 (ANSCA),11 which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. There are 774 Indian Tribes eligible for a formula grant through the EECBG Program including: 574 federally recognized Indian Tribes listed by the Bureau of Indian Affairs (BIA) in the 2022 Federal Register Notice;12 six additional Indian Tribes because eight bands of Indian Tribes comprise two of the federally recognized Indian Tribes, 12 Alaska Native Regional Corporations established under the ANSCA;13 and 182 currently active Alaska Native Village Corporations, group corporations, and urban corporations. ANCSA defines “group corporation” and “urban corporation,” which are similar to village corporations except that they apply to established Native groups and urban communities of Alaska Native people. As such, “group corporations” and “urban corporations” are included in the definition of Indian Tribes defined by DOE for the EECBG Program. DOE includes the following clarifications to the records used to identify the Indian Tribes that are eligible for the EECBG Program, in line with the BIA’s 2022 Federal Register Notice: • Minnesota Chippewa is comprised of six separate bands of Indian Tribes each eligible for a direct formula grant: Boise Forte Band, Fond Du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band. • Capitan Grande Band of Diegueno Mission Indians of California is comprised of two separate bands of Indian Tribes both eligible for a direct formula grant: Barona Group of Capitan Grande Band of Mission Indians of the Barona Reservation and Viejas (Baron Long) Group of Capitan Grande Band of Mission Indians of the Viejas Reservation. • The Passmaquoddy Tribe is made up of Pleasant Point and Indian Township. There will be one formula allocation made to the Passamaquoddy Tribe that will be split proportionally between the two parts upon the grant being awarded. 2.2 ALLOWABLE ACTIVITIES Under the EECBG Program, entities will develop various initiatives and projects that address one or more of the program purposes. Entities are encouraged to use their EECBG Program funds in a manner that is of maximum benefit to their population, in a manner that will leverage other sources of financing or 9 Guide to the State and Local Census Geography – Alaska. 10 42 U.S.C. 17151(4), referencing 25 U.S.C. 5304(e). 11 Public Law 92-203, Dec. 18, 1971, 85 Stat. 688. 12 87 FR 4636 (Jan. 28, 2022). 13 33 U.S.C. 1602 et seq. 7 funding, and will yield maximum benefits over time in terms of energy and emission reductions. DOE also encourages entities to consider investing the funding in ways that lead to equitable and just outcomes. To these ends, DOE encourages entities to develop new and innovative approaches within the framework of the legislation and the guidance. Eligible activities are listed below, and full details are described in section 544 of the EISA.14 An eligible entity may use its EECBG Program 2022 formula award to carry out activities to achieve the purposes of the program, including— (1) Development and implementation of an Energy Efficiency and Conservation Strategy; (2) Retaining technical consultant services to assist the eligible entity in the development of such a strategy, including— (A) formulation of energy efficiency, energy conservation, and energy usage goals; (B) identification of strategies to achieve those goals— (i) through efforts to increase energy efficiency and reduce energy consumption; and (ii) by encouraging behavioral changes among the population served by the eligible entity; (C) development of methods to measure progress in achieving the goals; (D) development and publication of annual reports to the population served by the eligible entity describing— (i) the strategies and goals; and (ii) the progress made in achieving the strategies and goals during the preceding calendar year; and (E) other services to assist in the implementation of the energy efficiency and conservation strategy; (3) Conducting residential and commercial building energy audits; (4) Establishment of financial incentive programs for energy efficiency improvements; (5) The provision of grants to nonprofit organizations and governmental agencies for the purpose of performing energy efficiency retrofits; (6) Development and implementation of energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the eligible entity, including— (A) design and operation of the programs; (B) identifying the most effective methods for achieving maximum participation and efficiency rates; (C) public education; (D) measurement and verification protocols; and (E) identification of energy efficient technologies; (7) Development and implementation of programs to conserve energy used in transportation, including— (A) use of flex time by employers; (B) satellite work centers; (C) development and promotion of zoning guidelines or requirements that promote energy efficient development; (D) development of infrastructure, such as bike lanes and pathways and pedestrian walkways; (E) synchronization of traffic signals; and 14 42 U.S.C. 17154. 8 (F) other measures that increase energy efficiency and decrease energy consumption; (8) Development and implementation of building codes and inspection services to promote building energy efficiency; (9) Application and implementation of energy distribution technologies that significantly increase energy efficiency, including— (A) distributed resources; and (B) district heating and cooling systems; (10) Activities to increase participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency; (11) The purchase and implementation of technologies to reduce, capture, and, to the maximum extent practicable, use methane and other greenhouse gases generated by landfills or similar sources; (12) Replacement of traffic signals and street lighting with energy efficient lighting technologies, including— (A) light emitting diodes; and (B) any other technology of equal or greater energy efficiency; (13) Development, implementation, and installation on or in any government building of the eligible entity of onsite renewable energy technology that generates electricity from renewable resources, including— (A) solar energy; (B) wind energy; (C) fuel cells; and (D) biomass; and (14) Programs for financing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure), capital investments, projects, and programs, which may include loan programs and performance contracting programs, for leveraging of additional public and private sector funds, and programs that allow rebates, grants, or other incentives for the purchase and installation of energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) measures; and 15) Any other appropriate activity, as determined by the Secretary, in consultation with— (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Transportation; and (C) the Secretary of Housing and Urban Development.15 For additional information on allowable activities, please see the EECBG Eligible Activities and Program Guidance document. 2.3 EECBG PROGRAM FORMULA AWARDS: GRANTS AND VOUCHERS To streamline the award process, DOE is providing local and Tribal governments applying for an EECBG Formula Program award with the option to select a grant or voucher. In addition, DOE is providing project blueprints, which are designed to help further streamline the award process. Blueprints may be used with either grants or vouchers. Entities selecting a grant should follow the application instructions 15 42 U.S.C. 17154. 9 shown in Section 7.0. Additional guidance on the application process for Vouchers is available in the EECBG Program Voucher Handbook and application templates available on the following website, https://www.energy.gov/scep/eecbg-program-formula-grant-application-hub. The expected award period for vouchers is up to two years. IIJA grant awards will consist of a Project and Budget Period up to two years for local governments and Tribes, and up to three years for states, with options for extensions upon approval by the DOE Contracting Officer. To assist applicants with planning, DOE is providing estimated award processing timeframes for each award type below. Note that these timeframes are estimates and are subject to change based on total volume of applications received, completeness of submitted applications, and award negotiation requirements. Applications may be subject to additional review prior to award or release of funds, including financial, legal, programmatic, or NEPA review. Type of Award Vouchers Grants following Blueprints Grants not following Blueprints Typical award processing timeframe* 30-60 days Up to 60 days Minimum of 90 days Additional application requirements or award conditions Comply with Voucher Terms and Conditions May be subject to additional review (e.g., indirect cost rates, sub-grants, accounting system and financial controls) May be subject to additional review and award conditions (e.g., NEPA)** Application method Submit voucher application by April 30, 2024 (local governments) and May 31, 2025 (Tribes)*** Submit grant application by July 31, 2023 (states and territories),April 30, 2024 (local governments), and May 31, 2025 (Tribes) Table notes: *Award processing times shown are estimates, based on submission of a complete application that is responsive to all required application materials and system registration requirements. Award processing times may vary depending on multiple factors, including the number of applications submitted, complexity of award applications, and additional review required to process applications (such as NEPA review and approval of proposed projects). The above timeframes do not include the time required for applicants to prepare and submit an application to DOE. **Awards requiring individual NEPA review will require extended time to review applications, including completion of a categorical exclusion review, environmental assessment, or an Environmental Impact Statement, depending on the scope of the proposed activity. Awards may be partially or fully conditioned (funds restricted from expenditure) until completion of required NEPA reviews. ***Additional information on the Voucher application process is available in the EECBG Program Voucher Handbook and application templates available on the following website, https://www.energy.gov/scep/eecbg- program-formula-grant-application-hub. Local and Tribal entities will have the choice between a grant OR a voucher. The financial value of the voucher is expected to be equivalent to the formula award allocated to the eligible entity.16 Vouchers are 16Administrative costs directly associated with the voucher, including contracting, reporting, site inspections and regulatory compliance are included as part of the total financial amount of the voucher. Recipients will be responsible for ongoing costs of installed equipment, such as operations and maintenance. 10 subject to the same legislation and guidance that applies to EECBG Program formula grants, including Voucher Terms and Conditions. Vouchers will be available to formula-eligible local governments and Indian Tribes for two purposes: • technical assistance (TA) and • equipment rebates. A separate application process will be utilized for entities interested in applying for a voucher in lieu of a grant. The scope of activities eligible for vouchers and application procedures, and comparison of grant and voucher application requirements is provided in Section 9 to assist applicants in selecting whether to choose a grant or voucher for their formula award under the EECBG Program. 2.4 TEAMING AND PARTNERSHIPS All EECBG Program formula-eligible entities are encouraged to team up with neighboring or peer entities that are also eligible for EECBG Program formula awards, to align EECBG Program 2022 plans and efforts. Pooling funds could allow jurisdictions to share the costs of analyses or programs in an efficient and mutually beneficial way. Opportunities for collaboration are vast, and could foster peer learning, reduced administrative burden, more effective use of limited grant dollars, and more impactful outcomes. Teams could collaborate on regional activities, create programs to serve multiple jurisdictions regardless of geography, or simply team up to work in parallel on similar proposals. Below are illustrations of teaming opportunities: • Create a regional clean energy infrastructure strategy and hire consultants to develop regional economic development analyses • Stand up an energy efficiency workforce training program17 to serve several neighboring communities, and pool EECBG Program funds to hire a part-time program administrator • Create a low-interest financing program for income-qualified residential energy retrofits and rooftop solar to serve community members across a state • Design and establish a revolving loan fund18 to deploy virtual power plants (e.g., grid-interactive efficient buildings, battery storage systems) and building and transportation electrification projects across a utility territory • Coordinate with peer municipalities to design and execute innovative programs to lower energy burdens in rural or urban settings • Pursue energy audits and retrofits of municipal buildings across several communities and hire a shared energy manager to support projects across the state • Develop a regional stretch energy code for new construction and a building performance standard for existing buildings and provide technical support and training for local code adoption and compliance Each team will opt for either vouchers or grants. Each entity within a team will receive its own EECBG Program grant or voucher, and entities on a team may choose to jointly fund EECBG Program activities. However, each entity will be ultimately responsible for accounting and tracking the use of their own 17 For more information on related BIL workforce development funding opportunities, see the Career Skills Training Program and the Energy Auditor Training Grant Program. 18 For more information on related state Revolving Loan Fund formula allocations, see the EE RLF Infrastructure Investment and Jobs Act Administrative and Legal Requirements Document (ALRD). 11 funds and for reporting outcomes of their own efforts. Teams may consist of any number of eligible entities, with two as the minimum. Teams pursuing a grant award will submit a single joint application to DOE, with one eligible EECBG Program entity as the Prime Applicant. Team applications will describe the plan for the use of each entity’s EECBG Program funds and list the primary point of contact for the team, as well as points of contact for all entities on the team. Each entity must submit and receive approval of its own EECS, as part of the team application. Teaming partners should indicate their permission allowing the prime applicant to submit the application on their behalf. Teams may consider developing a separate partnership agreement, such as a Memorandum of Understanding, in which all parties agree in writing to how the funds will be spent, roles and responsibilities, and any other terms and conditions to ensure clear expectations and a mutually beneficial approach. Partnerships In addition to eligible entities teaming with other eligible entities to co-invest their awards, EECBG Program grantees may partner with other stakeholders that can help drive the progress and success of their programs and projects, including utilities, energy industry and financial companies, community-based organizations, labor unions, and other non-profit organizations. 3.0 LEGAL AUTHORITY The EECBG Program is authorized under Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), as amended,19 and signed into Public Law (PL 110-140) on December 19, 2007. All awards made under this program shall comply with applicable laws and regulations including, but not limited to, the DOE financial assistance regulations at 2 CFR Part 200 as amended by 2 CFR Part 910 and Section 40552 of the Infrastructure Investment and Jobs Act. 4.0 PROGRAM OVERVIEW & GOALS Projects awarded under this ALRD will be funded, in whole or in part, with funds appropriated by IIJA,20 also known as the Bipartisan Infrastructure Law (BIL). The BIL is a once-in-a-generation investment in infrastructure, designed to modernize and upgrade American infrastructure to enhance United States competitiveness, drive the creation of good-paying union jobs, tackle the climate crisis, and ensure stronger access to economic, environmental, and other benefits for disadvantaged communities21. The BIL appropriates more than $62 billion to the Department of Energy (DOE)22 to invest in American manufacturing and workers; expand access to energy efficiency 19 42 U.S.C. 17151 et seq. 20 Infrastructure Investment and Jobs Act, Public Law 117-58 (November 15, 2021). https://www.congress.gov/bill/117th-congress/house-bill/3684 21 Pursuant to Executive Order (EO) 14008, “Tackling the Climate Crisis at Home and Abroad,” January 27, 2021, and the Office of Management and Budget’s Interim Justice40 Implementation Guidance M-21-28, DOE has developed a definition and tools to locate and identify disadvantaged communities. These resources can be located at https://energyjustice.egs.anl.gov/. DOE will also recognize disadvantaged communities as defined and identified by the White House Council of Environmental Quality’s Climate and Economic Justice Screening Tool (CEJST), which can be located at https://screeningtool.geoplatform.gov/. 22 U.S. Department of Energy. November 2021. “DOE Fact Sheet: The Bipartisan Infrastructure Deal Will Deliver For American Workers, Families and Usher in the Clean Energy Future.” https://www.energy.gov/articles/doe-fact- sheet-bipartisan-infrastructure-deal-will-deliver-american-workers-families-and-0 12 and clean energy; deliver reliable, clean, and affordable power to more Americans; and demonstrate and deploy the technologies of tomorrow through clean energy demonstrations. As part of and in addition to upgrading and modernizing infrastructure, DOE’s BIL investments will support efforts to build a clean and equitable energy economy that achieves a zero-carbon electricity system by 2035, and to put the United States on a path to achieve net-zero emissions economy-wide by no later than 2050 to benefit all Americans.23 Through this funding action, the BIL will invest appropriations of $550,000,000 for fiscal year 2022, to remain available until expended to 2,708 eligible entities, in accordance with the EECBG Program allocation formulas issued on June 29, 2022. EECBG Program recipients may use funds for a diverse range of eligible activities that support investments in programs, policies, and projects, including actions that: 1) reduce energy use and carbon emissions; 2) achieve ongoing energy and operational cost-savings for local governments and taxpayers; and 3) increase community investment/workforce development opportunities. DOE seeks to deliver an efficient and effective EECBG Program designed to achieve sustained impacts that put communities on a pathway to reducing fossil fuel use and total energy use and improving energy efficiency while fulfilling Justice40 Initiative goals (see Section 4.2). As part of the whole-of-government approach to advance equity and encourage worker organizing and collective bargaining,24,25,26 this funding action and any related activities will seek to encourage meaningful engagement and participation of workforce organizations, including labor unions, as well as underserved communities and underrepresented groups, including consultation with Tribal Nations.27,28 Consistent with EO 14008,29 this funding action is designed to help meet the goal that 40% of the overall benefits of certain investments in clean energy and climate solutions flow to disadvantaged communities (underserved, overburdened, and frontline communities) as defined by the Department pursuant to the EO and to drive the creation of good-paying jobs with the free and fair chance for workers to join a union.30 4.1 DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY It is the policy of the Administration that: “[T]he Federal Government should pursue a comprehensive approach to advancing equity 31 for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. Affirmatively advancing equity, civil rights, racial justice, and equal opportunity is the 23 EO14008. 24 EO 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” January 20, 2021. 25 EO 14025, “Worker Organizing and Empowerment,” April 26, 2021. 26 EO 14052, “Implementation of the Infrastructure Investment and Jobs Act,” November 18, 2021. 27 EO 13175, “Consultation and Coordination with Indian Tribal Governments,” November 6, 2000, charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of federal policies that have Tribal implications. 28 Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships | The White House 29 EO 14008, “Tackling the Climate Crisis at Home and Abroad,” January 27, 2021. 30 EXEC-2022-004682 - FINAL S1 J40 Letter 7-25-2022.pdf (energy.gov) 31 The term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. EO 13985. 13 responsibility of the whole of our government. Because advancing equity requires a systematic approach to embedding fairness in decision-making processes, executive departments and agencies must recognize and work to redress inequities in their policies and programs that serve as barriers to equal opportunity. By advancing equity across the Federal Government, we can create opportunities for the improvement of communities that have been historically underserved, which benefits everyone.”32 As part of this whole-of-government approach, this funding action seeks to encourage eligible entities to include the participation of underserved communities 33 and underrepresented groups in the activities they undertake with these funds. EECBG Program eligible entities are highly encouraged to include contractors and sub-contractors from groups historically underrepresented34,35 in their project scoping. Further, Minority Serving Institutions36, Minority Business Enterprises, Minority Owned Businesses, Woman Owned Businesses, Veteran Owned Businesses, or entities located in an underserved community that meet the eligibility requirements (See Section III) are encouraged to be considered as sub-recipients for proposed EECBG Program-funded projects. 4.2 JUSTICE40 INITIATIVE EECBG Program is a Justice40-covered program 37 and as such contributes to the President’s goal that 40% of the overall benefits of Federal investments in clean energy and climate solutions flow to Disadvantaged Communities that for too long have faced disinvestment and underinvestment. DOE strongly encourages eligible entities to maximize project benefits and describe how these benefits will flow to Disadvantaged Communities to the greatest extent practicable. DOE has released General Guidance on Justice40 Implementation designed to help eligible entities and other interested parties incorporate Justice40 Initiative goals into DOE-funded projects. Information from the General Guidance on Justice40 Implementation is provided below. 32 EO 13985. 33 The Office of Management and Budget Interim Implementation Guidance for Justice40 defines a disadvantaged community as either: (1) a group of individuals living in geographic proximity (such as census tract), or (2) a geographically dispersed set of individuals (such as migrant workers or Native Americans), where either type of group experiences common conditions. 34 According to the National Science Foundation’s 2019 report titled, “Women, Minorities and Persons with Disabilities in Science and Engineering”, women, persons with disabilities, and underrepresented minority groups— blacks or African Americans, Hispanics or Latinos, and American Indians or Alaska Natives—are vastly underrepresented in the STEM (science, technology, engineering and math) fields that drive the energy sector. For example, in the U.S., Hispanics, African Americans and American Indians or Alaska Natives make up 24 percent of the overall workforce, yet only account for 9 percent of the country’s science and engineering workforce. DOE seeks to inspire underrepresented Americans to pursue careers in energy and support their advancement into leadership positions. https://www.energy.gov/articles/introducing-minorities-energy-initiative 35 Note that Congress recognized in section 305 of the American Innovation and Competitiveness Act of 2017, Public Law 114-329: “[I]t is critical to our Nation’s economic leadership and global competitiveness that the United States educate, train, and retain more scientists, engineers, and computer scientists; (2) there is currently a disconnect between the availability of and growing demand for STEM-skilled workers; (3) historically, underrepresented populations are the largest untapped STEM talent pools in the United States; and (4) given the shifting demographic landscape, the United States should encourage full participation of individuals from underrepresented populations in STEM fields.” 36 Minority Serving Institutions (MSIs), including Historically Black Colleges and Universities/Other Minority Institutions as educational entities recognized by the Office of Civil Rights (OCR), U.S. Department of Education, and identified on the OCR's Department of Education U.S. accredited postsecondary minorities’ institution list. 37 Justice40 Initiative | Department of Energy 14 15 Identifying Benefits Benefits include (but are not limited to) measurable direct or indirect investments or positive project outcomes that achieve or contribute to the following in Disadvantaged Communities: (1) a decrease in energy burden; (2) a decrease in environmental exposure and burdens; (3) an increase in access to low-cost capital; (4) an increase in job creation, the clean energy job pipeline, and job training for individuals; (5) increases in clean energy enterprise creation and contracting (e.g., minority-owned or disadvantaged business enterprises); (6) increases in energy democracy, including community ownership; (7) increased parity in clean energy technology access and adoption; and (8) an increase in energy resilience. Not all eight policy priorities will be applicable to all DOE programs or funding opportunities. The matrix below provides examples of measurable benefits and how they map to the different DOE policy priorities mentioned above. Policy Priorities Benefit Metric and Units 1. N/A Dollars spent [$] by DOE Covered Programs [$] in Disadvantaged Communities 2. Decrease energy burden in Disadvantaged Communities Dollars saved [$] in energy expenditures due to technology adoption in Disadvantaged Communities Energy saved [MMBTU or MWh] or reduction in fuel [GGe] by Disadvantaged Communities 3. Decrease environmental exposure and burdens for Disadvantaged Communities Avoided air pollutants (CO2 equivalents, NOx, SO2, and/or PM2.5) in Disadvantaged Communities Remediation impacts on surface water, groundwater, and soil in Disadvantaged Communities Reduction of legacy contaminated waste in Disadvantaged Communities 4. Increase clean energy jobs, job pipeline, and job training for individuals from Disadvantaged Communities Dollars spent [$] and/or number of participants from Disadvantaged Communities in job training programs, apprenticeship programs, STEM education, tuition, scholarships, and recruitment. Number of hires from Disadvantaged Communities resulting from DOE job trainings Number of jobs created for Disadvantaged Communities because of DOE program Number of and/or dollar value [$] of partnerships, contracts, or training with minority serving institutions (MSIs) 5. Increase clean energy enterprise creation and contracting for minority or disadvantaged businesses in Disadvantaged Communities Number of contracts and/or dollar value [$] awarded to businesses that are principally owned by women, minorities, disabled veterans, and/or LGBT persons 6. Increase energy democracy in Disadvantaged Communities Number of stakeholder events, participants, and/or dollars spent to engage with organizations and residents of Disadvantaged Communities, including participation and notification of how input was used 16 Number of tools, trainings for datasets/tools, people trained and/or hours dedicated to dataset/tool and technical assistance and knowledge transfer efforts to Disadvantaged Communities Dollars spent [$] or number of hours spent on technical assistance for Disadvantaged Communities Dollar value [$] and number of clean energy assets owned by Disadvantaged Communities members 7. Increase access to low-cost capital in Disadvantaged Communities Dollars spent [$] by source and purpose and location Leverage ratio of private to public dollars [%] Loan performance impact through dollar value [$] of current loans and of delinquent loans (30-day or 90-day) and/or number of loans (30-day delinquent or 90-day default) 8. Increase parity in clean energy technology access and adoption in Disadvantaged Communities Clean energy resource [MWh] adopted in Disadvantaged Communities 9. Increase reliability, resilience, and infrastructure to support reliability and resilience in Disadvantaged Communities Increase in community resilience hubs in Disadvantaged Communities Number and size (MWh) of community resilience infrastructure deployed in Disadvantaged Communities (e.g., Distributed solar plus storage, utility scale, Distributed Energy Resources, microgrids) Identifying Disadvantaged Communities Justice40 directs that 40% of the overall benefits realized from Covered Programs flow to “disadvantaged communities.” OMB’s Interim Implementation Guidance defines a community as either: (1) a group of individuals living in geographic proximity (such as census tract), or (2) a geographically dispersed set of individuals (such as migrant workers or Native Americans), where either type of group experiences common conditions. M-21-28 (whitehouse.gov). Pursuant to the Interim Implementation Guidance, DOE has developed DOE’s working definition and tool to identify applicable Disadvantaged Communities at Energy Justice Dashboard (anl.gov). DOE will also recognize Disadvantaged Communities as defined and identified by the White House Council of Environmental Quality’s Climate and Economic Justice Screening Tool (CEJST), which can be located at https://screeningtool.geoplatform.gov/. DOE’s working definition of disadvantaged is based on cumulative burden and includes data for thirty-six (36) indicators collected at the census tract level. To be considered a Disadvantaged Communities under the DOE definition, a census tract must rank in or above the 80th percentile of the cumulative sum of the 36 burden indicators for its state and have at least 30% of households classified as low-income. Nationwide, 13,581 census tracts were identified as disadvantaged (18.6% of 73,056 total U.S. census tracts). Additionally, federally recognized Tribal lands and U.S. territories, in their entirety, are categorized as Disadvantaged Communities in accordance with OMB’s Interim Implementation Guidance “common conditions” definition of community Please see General Guidance on Justice40 Implementation for more information regarding identifying Disadvantaged Communities with available tools. Justice40 Implementation: 17 As a best practice, DOE recommends that recipients develop and sustain procedures and systems that can easily track what benefits are flowing to specific communities or locations (e.g., connecting benefits accrued with zip codes, and/or census tracts). Tracking benefits will allow funding recipients to measure progress and ensure programs are meeting intended goals. Further analysis of this data can also be used to empower program designers and lawmakers with information that is often needed to update or create new programs that better assist communities most in need. To understand state, local, and Tribal government needs around equity and the Justice40 Initiative, DOE hosted listening sessions for state and local governments that discussed the Justice40 Initiative. The feedback received in those sessions informed this document and the IIJA application materials for the EECBG Program. DOE may provide eligible entities with support and training on tools and resources for implementing the Justice40 initiatives (e.g., Justice40 dashboard, EJ Screen, LEAD tool, etc.), along with other training opportunities, such as webinars and workshops. 4.3 JOB GROWTH AND QUALITY As an agency whose mission is to help strengthen our country’s energy prosperity, DOE strongly supports efforts to invest in the American workforce. This includes investments that expand quality jobs by adopting labor standards; ensure workers have a free and fair chance to join a union; engage responsible employers; reduce systemic barriers to accessibility of quality jobs; foster safe, healthy, and inclusive workplaces and communities; and develop a diverse workforce well-qualified to build and maintain the country’s energy infrastructure and to grow domestic manufacturing. Through the EECBG Program, DOE intends to support eligible entities in their efforts to support good- paying jobs with the free and fair choice to join a union and support labor-management training partnerships, such as registered apprenticeships. In their project planning, eligible entities are highly encouraged to engage with an inclusive collection of local stakeholders including labor unions and community-based organizations that support or work with Disadvantaged Communities. The DOE Justice40 Guidance provides a helpful template strategy for undertaking strategic stakeholder engagement. Stakeholder engagement is a relatively small cost that delivers high value. Proactive and meaningful engagement with stakeholders ensures stakeholders’ perspectives can be incorporated into the project plan, allows for transparency, and helps reduce or eliminate certain risks associated with the project. Eligible entities are encouraged to include information in their EECBG Program application about how they have engaged labor and community stakeholders in ways that foster the negotiation of new community and workforce agreements. DOE will provide future guidance and resources to assist eligible entities in incorporating workforce and community agreements and other tools into their EECBG Program-funded programs and activities, including blueprints and technical assistance resources focused on workforce and economic development. 4.4 TECHNICAL ASSISTANCE Local governments and Indian Tribes have the option to select a voucher for technical assistance and/or an equipment rebate in lieu of applying for and administering an EECBG Program formula grant. The intent in offering this option is to 1) reduce the administrative burden associated with applying for and managing a federal grant and 2) provide additional resources and assistance needed to accomplish eligible entities’ goals. Additional information on vouchers is provided in Section 9.0. 18 In addition to the technical assistance vouchers described above, DOE plans to provide technical assistance support to all entities, to help accelerate their efforts and preparations to leverage other IIJA funding. This assistance may include tools, online resources, access to experts, webinars, peer learning opportunities, and local and regional workshops. The technical resources will span a wide range of topic areas, with an emphasis on the blueprint topics described below. Please see the EECBG Program Technical Assistance webpage for more information on technical assistance offerings. 4.5 BLUEPRINTS Blueprints are step-by-step roadmaps of energy project and programs that guide EECBG Program entities to success. By no means an exclusive list, the blueprints are a select list of high-impact projects and programs based on proven practices that entities can choose to follow. While entities may use their EECBG Program funds for a wide array of energy-related activities, those that choose to spend their EECBG Program funds exclusively on “key activities” listed in the blueprints should expect a streamlined and expedited application review. Blueprints listed within DOE-prepared NEPA Statements of Work (See Section 6.3 G) may receive a streamlined NEPA review. DOE will provide resources such as webinars, trainings, tools, and additional support along these topic areas. The blueprints are designed to achieve several goals: 1) guide grantees towards high-impact and effective projects and programs; 2) focus DOE’s technical assistance and support in key areas; 3) support grantees as they leverage other BIL and Inflation Reduction Act (IRA) investments; and 4) streamline the application review and approval process for eligible entities. The blueprints span a wide variety of topic areas: energy planning, energy efficiency, renewable energy, transportation infrastructure, workforce and economic development, and financing. Blueprint Topics:38 1. Energy Planning 2. Energy Efficiency A. Energy Efficiency: Energy Audits and Building Upgrades B. Energy Savings Performance Contracts: Energy Efficiency and Electrification in Government Buildings C. Building Electrification Campaign D. Building Performance Standards & Stretch Codes 3. Renewables A. Solar & Storage – Power Purchase Agreements and Direct Ownership B. Community Solar C. Solarize Campaign D. Renewable Resource Planning for Rural and Tribal Communities 4. Transportation A. Electric Vehicles and Fleet Electrification B. EV Charging Infrastructure for the Community 5. Unlocking Sustainable Financing Solutions for Energy Projects and Programs with Revolving Loan Funds 6. Workforce Development Key activities: Under each blueprint, DOE has identified key activities that are critical to successful program or project implementation. These activities have been reviewed and vetted as eligible uses of EECBG Program formula award funds. Activities listed within the NEPA Statements of Work (SOW) may not require additional NEPA review for initial approval, provided that the scope of proposed activities adheres to the NEPA determination, including DOE’s Historic Preservation Programmatic 38 This list shows current Blueprints by topic area. Blueprint topic areas may be added or revised, based on grantee and stakeholder interests, and effectiveness in achieving program goals. 19 Agreements (see Section 6.3.G). Projects involving public works or infrastructure may be subject to Build America, Buy America and Davis Bacon Act requirements. Entities may choose to follow one or more blueprints and spend their EECBG Program funds on the recommended activities, which are pre- determined as eligible uses of EECBG Program funding. Doing so may lead to an expedited process for reviewing applications. See “Appendix 2” for a chart that outlines blueprint topic areas and the key activities for a streamlined approval process. Streamlined approval means DOE has determined that these activities fall within categories of eligible EECBG Program activities. Activities listed within DOE-prepared Statements of Work would receive a streamlined NEPA review. Applicants must read their NEPA determination included in their award documents, which is DOE’s form that records DOE’s NEPA review of a project or activities. Applicants may be required to complete additional NEPA documentation. For more information, please see the EECBG Program Blueprints webpage. 5.0 FUNDING Funding for all awards and future budget periods is contingent upon the availability of funds appropriated by Congress for the purpose of this program. 5.1 IIJA FORMULA ALLOCATIONS The Infrastructure Investment and Jobs Act, Section 40552 provides $550 million for EECBG Program for fiscal year 2022, to remain available until expended. DOE will distribute $440 million in formula and competitive EECBG Program funding to eligible units of local government, states, and Indian Tribes. Of the amount appropriated by IIJA, DOE will allocate funds as prescribed in section 543 of EISA: • 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.39 IIJA allocations for EECBG Program direct formula awards from the DOE, as adjusted, are based on the following funding amounts: • $299,200,000 for formula awards to eligible units of local government o $149,600,000 to eligible units of local government-alternative 1 o $149,600,000 to eligible units of local government-alternative 2 • $123,200,000 for formula awards to states o Each state (except for those noted as exempt in section 6.3 E) is required to pass not less than 60% of its allocation through to cities and counties within the state that are ineligible for direct formula grants from DOE • $8,800,000 for formula grants to eligible Indian Tribes Individual state, local and Tribal EECBG Program allocations are included as an attachment to this document. See the Federal Register Notice 87 FR13859 issued on June 29, 2022, for the allocation formulas. 39 42 U.S.C. 17153(a). 20 5.2 COST MATCH Cost match is not required for the EECBG Program. DOE encourages eligible entities to consider how they may leverage philanthropic and private sector funding to advance their goals and amplify the impact of the IIJA funding and include strategies to facilitate it to the extent practicable in the plans they are submitting for IIJA Section 40552 funding. DOE may provide ideas and assistance toward eligible entities’ efforts during the application phase and implementation of the IIJA EECBG funds. 5.3 PROGRAM INCOME DOE allows eligible entities to earn income in connection with EECBG Program activities to defray program costs. If the Local strategy or program activities (e.g., loan funds) includes such activities, entities should include an estimated amount of earned income in the budget portion of their application for financial assistance. Program income is defined in federal regulations as gross income earned by the recipient that is directly generated by a supported activity or earned because of the award. Program income includes but is not limited to: • Income from fees for services performed. • The use or rental of real or personal property acquired with grant funds. • The sale of commodities or items fabricated under a grant agreement. • License fees and royalties on patents and copyrights. • Payments of principal and interest on loans made with grant funds. Program income does not include interest on grant funds except as otherwise provided in this subpart, program regulations, or the terms and conditions of the award. Nor does it include rebates, credits, discounts, refunds, etc., or interest earned on any of them. (See 2 CFR Part 200.80 and 2 CFR Part 200.307 for further information.) 6.0 APPLICATION INSTRUCTIONS FOR IIJA EECBG PROGRAM FORMULA GRANTS 6.1 OVERVIEW The application package for EECBG Program grants consists of the materials shown in Section 6.3, and includes the application for financial assistance, the budget, proposed energy efficiency and conservation strategy (if submitted at time of application) and required supporting documents. Applications must be submitted in accordance with the IIJA EECBG PROGRAM ALRD. Application due dates are identified on the cover page of the ALRD. As a reminder, application documents, forms, and data submitted to the EECBG Program may be made available to the public at DOE’s discretion, following all applicable laws and regulations that protect confidential or proprietary information. 21 6.2 APPLICATION REVIEW PROCESS DOE will process EECBG Program applications for grants and vouchers on a rolling basis beginning January 18, 2023. Grant Award Application Reviews Prioritization and Phasing To assist in planning and phasing the processing of award applications, DOE is establishing four application periods for submission of grant applications. Applicants that meet one or more of the priority categories (see below), including Indian Tribes, may apply in Periods 1 or 2. All States must apply in Period 1 or 2. All other Applicants may apply in Periods 3, 4, or 5. Application Period Application Submittal Timeframe Applications Accepted 1 January 18, 2023 – April 28, 2023 State, Local Government and Tribal applications in one or more priority categories (see below) 2 June 1, 2023 – July 31, 2023 3 Sept 1, 2023 – Oct 31, 2023 All other Local Government and Tribal applications 4 December 1, 2023 – Jan 31, 2024 5 March 1, 2024 – April 30, 2024 6 May 1, 2024 – May 31, 2025 All other Tribal applications Grant Applications will be accepted on a rolling basis, and DOE will prioritize its review of applications based on the order in which complete applications are received and as follows: 1. States 40 2. Entities following blueprints 3. Teams 4. Entities with activities benefitting disadvantaged communities 5. Entities with activities limited to Energy Efficiency and Conservation Strategy Development, Technical Consultant Services (or other activities strictly limited to planning, analysis, and stakeholder engagement). 6. All other Applicants are strongly encouraged to review the application instructions and submit complete applications. Submission of incomplete applications may result in a significant delay in processing individual grant awards. Note: Due to the volume of applications, DOE may not review an application immediately upon submittal. Once a complete application is received and reviewed by DOE, it typically takes up to 60 days to process a formula grant. Applications are not necessarily considered complete upon submission. For additional information on application requirements, see the application instructions, which includes a pre-award checklist. 6.3 EECBG PROGRAM GRANT AWARD APPLICATION The EECBG Program Formula Application (for grant awards only) consists of: • Standard Form 424 (Application form) • Standard Form 424A (Budget summary) • Budget Justification 40 Expedited review of State applications will enable speedier subgrants to other local governments 22 • Energy Efficiency and Conservation Strategy 41 • EECBG Program Activity File • Application attachments:42 o Certifications regarding lobbying o Authorized Applicant Assurance Letter o Davis-Bacon Act Assurance Letter o National Environmental Policy Act (NEPA) Statement of Work o Electronic copy (or web link) to the applicant’s latest single or program-specific audit as required by 2 CFR 200 Subpart F43 o An environmental questionnaire (if applicable) o Pre-Award Information Sheet Note: applicants choosing a Voucher will use a streamlined application submitted through an application portal that DOE anticipates will open in late 2023. Additional information on the Voucher application process and contents can be found in the EECBG Program Voucher Handbook and application templates available on the following website, https://www.energy.gov/scep/eecbg- program-formula-grant-application-hub. DOE financial assistance regulations govern all funds budgeted in the EECBG Program Application, whatever their source. All funds must be spent on the activities described in the Application and addressed in the financial and performance reports required under the grant. 6.3. A. STANDARD FORM 424 (APPLICATION) A completed and signed Standard Form 424 (SF424) containing current information must be submitted. Please ensure all sections have been updated to reflect any changes, including changes to the person to be contacted on matters involving the application and the authorized representative. Applicants should select “New” in section 2.c. The list of certifications and assurances referenced in Field 21 may be found here. Please verify compliance with Intergovernmental Review (SPOC List). Once the SF424 is completed, add an attachment to the document with the name, title, phone number and email address for both the Principal Investigator and the Business Officer. 6.3. B. STANDARD FORM 424A (BUDGET) The budget includes Standard Form 424A Summary which includes a Budget Justification. Each of these forms should be completed following the guidelines set out below. 41 Local and Tribal governments have the option to submit an Energy Efficiency and Conservation Strategy with their application or within one year of their award date. Entities that choose the latter option should include an Activity File describing their intention to develop a Strategy within this timeframe in their application. 42 See Appendix 1 for a complete checklist of application materials, including attachments. DOE has prepared templates for several of these attachments, which are available under “Direct Grant Application Templates” on the EECBG Program Formula Grant Application Hub. 43 For additional information, see CFR § 200.501, Audit requirements. "A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of this part." 23 Standard Form 424A: Applications must include a budget for all funds. It should be completed as follows: • Section A: Budget Summary Lines 1-4, Columns (a) through (g). On line 1, enter new DOE funds. Section B: Budget Categories. Separate column headings (with the same name as the rows in Section A) should be utilized for each funding source. The total in Column G, Section A, must equal the total of all columns in Section B. Budget Justification: The Budget Justification consists of a detailed explanation of the object class categories listed in line 6, Section B, of Standard Form 424A. In preparing the Budget Justification, states should address the following as requested for each budget category. Personnel: Identify all positions to be supported by title and the amounts of time (e.g., % of time) to be expended on EECBG Program activities, the base pay rate, and the total direct personnel compensation. Personnel must be direct costs to the project and not duplicative of personnel costs included in the indirect pool that is the basis of any indirect rate applied for this project. Fringe Benefits: If fringe cost rates are approved by a federal agency, identify the agency and date of latest rate agreement and include a copy of the rate agreement with the application. If fringe cost rates are not approved by a federal agency, explain how total fringe benefit costs were calculated. Your calculations should identify all rates used along with the base they were applied to (and how the base was derived), and a total for each (along with the grand total). established computation methodology approved for your jurisdiction, provide a copy with the SF424 Application. Travel: Provide the purpose of travel, such as professional conference(s), DOE sponsored meeting(s), project monitoring, etc. Identify the number of trips, and the destination/location if known. Provide the basis for the travel estimate such as past trips, current quotations, federal or state travel regulations, etc. All listed travel must be necessary or beneficial to the performance of the EECBG Program. All foreign travel must be identified and requires pre-approval. Equipment: Equipment is defined as an item with an acquisition cost greater than $5,000 and a useful life expectancy of more than one year. List all proposed equipment and briefly justify its need as it applies to the objectives of this award. Provide a basis of cost such as vendor quotes, catalog prices, prior invoices, etc. If the equipment is being proposed as cost match and was previously acquired, provide the value of its contribution to the project and a rationale for the estimated value shown. If it is new equipment that will retain a useful life upon completion of the project, provide a rationale for the estimated value shown. Also, indicate whether the equipment is being used for other projects or is 100% dedicated to this project. Supplies: Supplies are defined as items with an acquisition cost of $5,000 or less or a useful life expectancy of less than one year. Supplies are generally consumed during the project performance. List all proposed supplies and the estimated cost and briefly justify the need for the supplies as they apply to the objectives of this award. Supply items must be direct costs to the project and not duplicative of supply costs included in the indirect pool that is the basis of any indirect rate applied for this project. Provide a basis of cost for each item listed. Examples include vendor quotes, prior purchases of similar or like items, published price list, etc. Contractual: All sub-recipients, vendors, contractors and consultants and their estimated costs should be identified. Use TBD if the entity is unknown. Provide a brief description of the work to be performed or the service to be provided and reference the individual activity the work or service falls under. Include the basis of cost for each item listed (competitive, historical, quote, catalog, etc.). 24 Other Direct Costs: Other direct costs are direct cost items required for the project that do not fit clearly into other categories. These direct costs must not be included in the indirect costs (if indirect costs are proposed for this project). Examples are conference fees, meetings within the scope of work, subscription costs, printing costs, etc. that can be directly charged to the project and are not duplicated in indirect (overhead) costs. Provide a general description, cost, and justification of need for each direct cost item. Provide a basis of cost for each item. Examples include vendor quotes, prior purchases of similar or like items, published price list, etc. Indirect Costs: If the indirect cost rate has been approved by a federal agency, identify the agency and the date of the latest rate agreement and submit a copy of the agreement with the application. If the indirect cost rate has not been approved by a federal agency, provide the basis for computation of rates including the types of benefits to be provided, the rate(s) used and the cost basis for each rate. 6.3. C. ENERGY EFFICIENCY AND CONSERVATION STRATEGY Per section 545 of EISA, each eligible unit of government that receives funding under this program must submit an Energy Efficiency and Conservation Strategy for approval by DOE that meets the guidelines outlined below.44 Eligible Units of Local Governments and Indian Tribes: Proposed Energy Efficiency and Conservation Strategy (EECS) Units of local government and Indian Tribes must submit to the DOE a proposed EECS. The proposed strategy shall include: • a description of the goals of the eligible unit of local government or Indian Tribe for increased energy efficiency and conservation in the relevant jurisdiction; and • a plan for the use of the grant to assist the eligible unit of local government or Indian Tribe in achieving those goals in accordance with the eligible use of funds outlined in section 544 of EISA.45 The EECS can be submitted through one of two methods: a) submit the EECS with the application through the PAGE application system; or b) submit the EECS not later than 1 year after the effective date of the award. If an entity chooses option B, the entity must submit an EECBG Program Activity File with their application and select Activity 1 (Energy Efficiency and Conservation Strategy). The EECS should be a comprehensive strategy that covers, at a minimum, all items detailed in the EECS Template provided by DOE. DOE will provide informational resources and technical assistance to support the development of comprehensive strategies. Eligible Units of Local Government: Additional EECS Requirements In developing the strategy, section 544 of EISA directs that an eligible unit of local government shall: • take into account any plans for the use of funds by adjacent eligible units of local governments that receive grants under the EECBG Program; and 44 42 U.S.C. 17155(b). 45 42 U.S.C. 17155(b)(1)(B). 25 • coordinate and share information with the State in which the eligible unit of local government is located to maximize the energy efficiency and conservation benefits.46 DOE has provided a streamlined EECS Template that local governments and Indian Tribes may use when submitting their EECS, but the template is not required. If an entity chooses to submit an EECS using an alternative format, the information outlined in Part A of the EECS Template must be included in the submission. DOE has a maximum of 120 days after receiving a complete proposed strategy to approve or disapprove it. If DOE disapproves a proposed strategy, DOE shall provide to the grantee the reasons for the disapproval, and the grantee may revise and resubmit the proposed strategy as many times as necessary until DOE approves a proposed strategy. States and Territories: Revision of the State Energy Conservation Plan DOE has determined that states are already meeting the requirement outlined in 42 U.S.C. 17155(c)(2)(A) through their annual reporting for the State Energy Program. States and Territories: EECS Requirements States and Territories must submit to DOE a proposed EECS that: 1) establishes a process for providing subgrants to units of local government that are not eligible for direct formula grants from DOE; and 2) includes a plan of the state for the use of funds received under the EECBG Program to assist the state in achieving the goals established in EISA, in accordance with EISA section 545(c)(2)(B). 47 DOE has provided a streamlined EECS Template that states and territories may use when submitting their EECS, but the template is not required. If an entity chooses to submit an EECS using an alternative format, the information outlined in Part A of the EECS Template must be included in the submission. DOE has a maximum of 120 days after receiving a complete proposed strategy to approve or disapprove it. If DOE disapproves a proposed strategy, DOE shall provide to the state the reasons for the disapproval, and the state may revise and resubmit the proposed strategy as many times as necessary until DOE approves a proposed strategy. 6.3. D. EECBG PROGRAM ACTIVITY FILE As program-wide performance indicators are valuable to all EECBG Program stakeholders, metrics are an important element of formula grant reporting. For additional information, see the EECBG Program website for reporting guidance. “Unpaired” metrics should be avoided. For example, if an eligible entity reports the number of buildings retrofitted, the square footage retrofitted must be included as well. DOE is working to identify metrics for future reporting on how EECBG Program-funded investments by recipients of DOE financial assistance impact additional topics including energy equity and environmental justice and how they relate to disadvantaged communities. DOE will provide guidance and technical assistance to assist eligible entities in addressing these metrics. EECBG Program applicants are encouraged to consult with the EECBG Program to identify metrics that best capture the work they will be performing. EECBG Program activities that do not fit well into the metrics section should be reported in the Milestones section. Entities should list planned milestones in the Activity Milestones section in their applications. If entities are proposing use of EECBG Program funds 46 42 U.S.C. 17155(b)(1)(C). 47 42 U.S.C. 17155(c)(2)(B). 26 to develop their EECS, the EECS should be listed as a separate activity with all subsequent project activities following the EECS completion milestone. Approval of the EECS by DOE is required prior to initiating any EECBG Program project activities. For each Activity, applicants should identify the dollar amounts allocated. The sum of the budgets of each Activity must equal the totals in Section A of the SF424A. 6.3. E. LIMITATIONS Administrative Expenses Grantees should use their established definitions of “administrative expenses”. States may not use more than 10 percent of amounts provided under the program for administrative expenses48). Units of local government and Indian Tribes may not use more than 10 percent or $75,000, whichever is greater, for administrative expenses.49 EECBG Program funds may be used for compensation of employees or contractors. Whether or not the administrative cost cap applies depends on the nature of the responsibilities of the staff hired. Administrative activities are those that cannot be identified with any single program but are necessary to the general conduct of the activities of the entity organization; this could include such items as the overall direction of the organization, record keeping, budgeting, and business management. States and Territories: Distribution of Subgrants Each state that receives a grant under the program shall use not less than 60% of the amount received to provide subgrants to units of local government in the state that are not eligible for direct formula grants. The state shall provide the subgrants no later than 180 days after the date on which DOE approves the proposed energy efficiency and conservation strategy.50 States are required to develop a subgranting process that expeditiously allocates funding, prevents fraudulent spending, generates robust reporting, and promotes the EECBG Program principles outlined in law. The District of Columbia is explicitly included in the definition of a state, according to section 541(6)(B) of EISA.51 Because the District of Columbia is a consolidated city-state government, it is not subject to the requirement applicable to states that not less than 60% of state funding must be subgranted to local units of government. American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Hawaii, and the U.S. Virgin Islands have no eligible entities; these entities are exempt from having to provide subgrants. 48 42 U.S.C. 17155(c)(4). 49 42 U.S.C. 17155(b)(3)(A). 50 42 U.S.C. 17155(c)(1). 51 42 U.S.C. 17151(6)(B). 27 Summary of Limitations on Use of Funds State Formula-eligible unit of local government and Formula- eligible Indian Tribe Formula-ineligible unit of local government and Formula-ineligible Indian Tribe Limit on administrative expenses including the cost of the reporting requirements Not more than 10% of the amounts provided to the State Not more than the greater of a. 10% of the amount provided to the eligible unit of local gov’t (or eligible Tribe); or b. $75,000 None Amount required to be provided as subgrants to formula-ineligible units of local government Not less than 60% of the amount provided to the State (subgrantees must be within the jurisdiction of the State) None None 6.3. F. OTHER FORMS The following files should be submitted as attachments with your application if applicable:52 1. Indirect Rate Agreement or Rate Proposal 2. Certifications regarding Lobbying (SF-LLL Disclosure Form to report lobbying) 3. A document providing the name, phone number and email address of the Program Manager and Business Officer 4. Pre-Award Information Sheet 5. Authorized Applicant Assurance Letter 6. Davis-Bacon Act Assurance Letter 7. National Environmental Policy Act (NEPA) Statement of Work 6.3. G. NATIONAL ENVIRONMENTAL POLICY ACT INFORMATION DOE must comply with NEPA prior to authorizing the use of Federal funds. DOE must also consider the effects on historic properties, pursuant to Section 106 of the National Historic Preservation Act (NHPA) and effects on threatened and endangered species, pursuant the Endangered Species Act (ESA). Additionally, DOE must consider the impacts to floodplains and wetlands, pursuant to 10 CFR Part 1022—Compliance with Floodplain and Wetland Environmental Review Requirements. To streamline these required reviews, DOE carries out each of these reviews under the umbrella of its NEPA review. Entities should review and follow the NEPA determination in their award documents for restrictions and requirements. DOE has developed a NEPA and Historic Preservation training website with PowerPoint presentations, sample template documents (including a NEPA log, project scope of work, and a project layout), forms (EECBG NEPA logs and Historic Preservation Worksheet), a Word document of an Environmental Questionnaire-1 (EQ1) and an EQ1 submission guide. Applicants are responsible for completing mandatory online NEPA training and reviewing the sample documents provided at 52 DOE has prepared templates for several of these attachments, which are available under “Direct Grant Application Templates” on the EECBG Program Formula Grant Application Hub. 28 www.energy.gov/node/4816816 prior to initiating projects. Recipients may contact the NEPA team with any questions at EECBG.NEPA@ee.doe.gov. NEPA applies to subgrantees and 3rd party loan administrators, these entities should also review the NEPA training website prior to initiating projects. All states and most territories have a DOE executed Historic Preservation Programmatic Agreement (PA) to assist DOE with historic preservation compliance. The territory of Guam and Indian Tribes do not have a PA. EECBG Program applicants that do NOT have a PA must follow the added restrictions in the NEPA determination to ensure compliance with the National Historic Preservation Act. All PAs and amendments can be found at https://www.energy.gov/node/812599. For most applicants there are two paths to complete a NEPA review for EECBG Program activities: 1) entities determine and document that a project falls within one of the Additional Activities or Blueprints listed within one of the EECBG NEPA Statements of Work (SOW), or2) entities determine a project does not fit within an EECBG NEPA SOW and submit an Environmental Questionnaire (EQ-1) in the Project Management Center for DOE to complete an individual NEPA review. EECBG Program recipients will receive approval from a DOE Contracting Officer with a NEPA determination for their records. All paths require a documented NEPA review. DOE has prepared four SOWs, which are described below. In order to utilize an SOW instead of an individual NEPA review, an applicant’s proposed activities must adhere to all conditions and parameters listed within their State or Territory’s PA and the SOW they select. DOE has prepared eight Statements of Work (SOWs) which correspond to eight NEPA determinations covering a variety of EECBG Program activities and applicant scenarios. A recipient’s NEPA determination will be based on their SOW selection. If an Applicant is proposing activities not listed within one of the SOWs, an EQ-1 submittal is required to initiate an individual NEPA review. The following list of SOWs is applicable to applicants applying for a Formula Grant. The contents of these SOWs may be slightly different than the NEPA Determination. The NEPA Determination included in each recipient’s award documents must be followed: 1. Non-Tribal Statement of Work WITH Historic Preservation Programmatic Agreement and WITH Ground-Disturbing Activities 2. Non-Tribal Statement of Work WITH Historic Preservation Programmatic Agreement and NO Ground-Disturbing Activities 3. Non-Tribal Statement of Work WITHOUT Historic Preservation Programmatic Agreement and WITH Ground Disturbance 4. Tribal Statement and non-Tribal Statement of Work WITHOUT Historic Preservation Programmatic Agreement and NO Ground Disturbance The following list of SOWs is applicable to applicants applying for an equipment rebate voucher. The contents of these SOWs may be slightly different than the NEPA Determination. The NEPA Determination included in each recipient’s award file must be followed: 1. Equipment Rebate Non-Tribal Statement of Work WITH Historic Preservation Programmatic Agreement and WITH Ground-Disturbing Activities 2. Equipment Rebate Non-Tribal Statement of Work WITH Historic Preservation Programmatic Agreement and NO Ground-Disturbing Activities 3. Equipment Rebate Non-Tribal Statement of Work WITHOUT Historic Preservation Programmatic Agreement and WITH Ground Disturbance 4. Equipment Rebate Tribal and Non-Tribal Statement of Work WITHOUT Historic Preservation Programmatic Agreement and NO Ground-Disturbing Activities 29 Applicants applying for a technical assistance voucher will be issued a standard NEPA determination in their award file and do not need to include a NEPA Statement of Work with their application. Recipients proposing ground disturbing projects (operating under SOW 1 or SOW 3) must document all activities (via a NEPA log) to ensure compliance with the requirements of their NEPA Determination. Templates for EECBG Program NEPA logs can be found at http://www.energy.gov/node/4816816 . mailto:NEPAlogs@ee.doe.govWhile completing NEPA log entries, recipients are responsible for identifying and promptly notifying DOE of extraordinary circumstances, cumulative impacts, or connected actions that may lead to significant impacts on the environment, or any inconsistency with the “integral elements” (as contained in 10 C.F.R. Part 1021, Appendix B) as they relate to a particular Project; compliance with Section 106 of the NHPA and 10 CFR Part 1022.4—Compliance with Floodplain and Wetland Environmental Review Requirements, as applicable. The NEPA logs must be available for DOE review upon request and must be submitted quarterly to EECBG.NEPA@ee.doe.gov and your DOE Project Officer. NEPA reviews must be completed prior to initiating project activities; this includes DOE NEPA reviews and recipient reviews documented in their NEPA log. Project expenses incurred without a DOE NEPA review may be deemed unallowable and recipients may be required to repay any unallowable funds to DOE. All recipients must adhere to the requirements included in the “Historic Preservation” term included in the Special Terms and Conditions of the financial assistance agreement. This includes compliance with the DOE Historic Preservation Programmatic Agreements (PA) applicable to their State or Territory. All recipients, regardless of having a PA, are required to submit an annual Historic Preservation Report. Grant recipients will submit annual Historic Preservation Reports through PAGE. Voucher recipients will submit annual Historic Preservation Reports through a form provided by DOE. 7.0. APPLICATION FORMAT AND CHANGES (FORMULA GRANTS) Note: See section 9.0 below for information related to vouchers. Equipment rebate and technical assistance voucher applicants will submit streamlined applications through an application portal that DOE anticipates will open in late 2023. 7.1. A. CONTENT AND FORM OF APPLICATION EECBG Program grant applications must be submitted via the PAGE online system here. All grant applicants must first establish an account in PAGE to submit an application. Instructions will be submitted to the authorized contact, as designated in the applicant’s pre-application information sheet. The PAGE Help System has detailed instructions for creating and submitting an EECBG Program application. The Help instructions can be found in PAGE by selecting ‘help’ from the blue horizontal menu bar, and under the Contents in the left panel selecting ‘EECBG’ and the subtopic for ‘New Grant Application’. From the Home PAGE, select ‘Create New Application.’ Then, select the ‘Add New Application Package’. Once the application has been completed, be sure to validate and submit the application. 7.1. B. OTHER SUBMISSION AND REGISTRATION REQUIREMENTS Submission of application documents and award documents, including modifications, through electronic systems used by the DOE, including PAGE, FedConnect, constitutes the authorized representative’s approval and acceptance of the terms and conditions of the award. Award acknowledgement via FedConnect constitutes the authorized representative’s electronic signature. 30 7.1. C. QUESTIONS/AGENCY CONTACTS Questions relating to the registration process, system requirements, how an application form works, or the submittal process must be directed to the PAGE hotline at 866-492-4546, or page-hotline@ee.doe.gov. Entities should contact the EECBG Program with specific questions at the contacts provided below. EECBG Program email: eecbg@hq.doe.gov EECBG NEPA email: EECBG.NEPA@ee.doe.gov For general information regarding the EECBG Program, please visit the EECBG Program website. 8.0 REPORTING REQUIREMENTS Reporting requirements for each eligible entity are identified on the Financial Assistance Reporting Checklist (FARC), DOE EERE 355, attached to the award agreement. Additional information and guidance that addresses the scope and purpose of reporting for EECBG Program formula grants and vouchers is available on the EECBG program website. Awards initiated since 10/1/2010 are subject to the requirement of Reporting Subawards and Executive Compensation at https://www.fsrs.gov. Please see Part V.C. of the Administrative and Legal Requirements Document (ALRD) for additional information. 9.0 VOUCHERS 9.1 PURPOSE DOE has sought to simplify and streamline the process for entities that choose a voucher in lieu of a grant. Entities that opt into a voucher are not required to apply for and administer a direct federal grant. Entities choosing vouchers will submit a separate application using a streamlined process with reduced documentation, monitoring and reporting requirements compared to applying for and administering a federal grant. DOE anticipates the voucher application portal will open in late 2023. For example, if an entity opts in for a voucher, entities that have never managed a federal grant before will not be required to establish the necessary financial management systems, including accounting for federal funds, invoicing, and internal audits typically needed to comply with federal grant management requirements as described in the following regulations: • 2 CFR §200.302 Financial management • 2 CFR §200.303 Internal controls • 2 CFR § 200,305 Federal payment • 2 CFR §200.232 Requirements for pass-through entities2 CFR §200.344 Closeout • 2 CFR §200.345 Post-closeout adjustments and continuing responsibilities. • 2 CFR § 200 Subpart F – Audit Requirements. 9.2 A. TECHNICAL ASSISTANCE VOUCHERS Vouchers for technical assistance will be used to access support from experts, across a wide array of high- value opportunities in energy efficiency, renewable energy, transportation, and related areas. Activities will fit into the following broad categories: • Policy, Planning & Program Design • Building Retrofits Planning and Design • Engineering and Modeling 31 • Community and Stakeholder Engagement • Program Administration and Implementation Support 9.2 B. VOUCHERS FOR EQUIPMENT REBATES Vouchers for equipment purchase and installation rebates will also be available to reimburse entities for the purchase of energy-related equipment used to meet the program goals. Equipment eligible for rebates will span a wide range of technologies that are deployed to lower fossil fuel use or increase energy efficiency. Examples include: • Efficient materials and technologies used to retrofit buildings such as HVAC equipment, air source heat pumps, heat pump water heaters, windows, doors, insulation, and other weatherization materials; • Electric vehicles and electric vehicle charging stations and equipment; • Equipment for renewable energy installations, including wind, solar, and storage; • Metering equipment; and • Ancillary equipment such as electric system upgrades to accommodate technology installations. Voucher applications must be reviewed and approved, including a NEPA review and approval. If activities are not listed within one of the Voucher NEPA SOWs , and Environmental Questionnaire (EQ- 1) must be submitted through the PMC for an individual NEPA review. A NEPA determination (i.e., the DOE form that documents DOE’s NEPA review of a project or activities) must be received prior to the purchase or installation of equipment to be eligible for reimbursement. 9.3 VOUCHER APPLICATION PROCESS A complete description of the voucher application process and contents can be found in the EECBG Program Voucher Handbook and application templates available are on the website. Voucher applications will be accepted on a rolling basis, and review of applications will be prioritized as follows: • Teams opting into vouchers • Voucher applicants following one or more EECBG Program Blueprints • Entities opting for vouchers with >40% of their program benefits going to disadvantaged communities • All other Local or Tribal entities choosing a voucher In addition, applications that propose and prioritize activities that will benefit disadvantaged communities may be considered higher priority and may be reviewed before other applications. Applicants are strongly encouraged to review the application and submit complete applications. Submission of incomplete applications may result in a significant delay in processing individual grant awards. A comparison of the necessary application documents and some administrative steps needed for a grant vs. a voucher is shown in Appendix 1. While entities choosing a voucher must still submit and receive approval for their Energy Efficiency and Conservation Strategy as described below, they will follow a simplified application process to receive a voucher, which briefly describes their voucher selection, its intended use, and expected outcomes, such as energy savings, job creation, leveraged funds and benefits to disadvantaged communities. DOE strongly encourages the following local and Tribal entities to consider the voucher option for their formula award: 32 1. Entities with limited or no experience managing federal grant awards 2. Entities with limited internal staff or local capacity to manage an EECBG Program formula grant over multiple years 3. Entities receiving EECBG Program award allocations of $250,000 or less 10.0 CONCLUSION The EECBG Program seeks to support communities on their path to clean energy and decarbonization. The EECBG Program will assist States, local governments, and Indian Tribes as they advance efficient and effective programs to develop and deploy equitable and inclusive community energy savings strategies, clean energy infrastructure investments and projects. Through the EECBG Program, DOE will provide direct funding, technical assistance, and local, regional, and national coordination support to States, Local Governments and Indian Tribes and their stakeholders to build a clean and equitable energy economy that enhance United States competitiveness, drive the creation of good-paying union jobs, tackle the climate crisis, and ensure stronger access to economic, environmental, and other benefits for disadvantaged communities and promotes equity and inclusion in workforce opportunities and deployment activities, as identified in the Biden Administration’s Justice40, job growth and quality, and DEIA goals. DOE looks forward to continuing to work with its State, Local and Tribal partners to implement new and innovative approaches that achieve sustained progress toward energy savings, carbon emissions reductions, and building more equitable and inclusive communities. Henry McKoy, Director Office of State and Community Energy Programs Office of the Under Secretary for Infrastructure U.S. Department of Energy 33 REFERENCE MATERIAL IIJA EECBG Administrative and Legal Requirements Document IIJA EECBG Program Formula Allocations IIJA EECBG Program Pre-Award Information Sheet IIJA EECBG Program Energy Efficiency and Conservation Strategy Templates IIJA EECBG Program NEPA Statements of Work 34 APPENDIX 1: APPLICATION MATERIALS CHECKLIST Grant 53 Voucher54 Register in SAM (allow several weeks) Obtain DUNS number for all prime and sub awardees Obtain EIN and UEI number Register in FedConnect Register in PAGE Contact information for Principal Investigator and Business Officer Contact information for Principal Investigator and Business Officer Teaming partners (if applicable) Teaming partners (if applicable) Energy Efficiency and Conservation Strategy Energy Efficiency and Conservation Strategy EECBG Program Activity file For TA voucher: Summary description of the technical assistance request, including a proposed scope of work and budget. For Rebate: Summary description of the requested equipment, proposed location and facility type (i.e., municipal building, school, commercial or residential building, or site) and estimated cost Verify compliance with Intergovernmental Review SPOC list EECBG Program Pre-Award Information Sheet EECBG Program Pre-Award Information Sheet (Voucher sections only) Standard Form 424 (Application form) EECBG Formula Program Voucher Application Standard Form 424A (Budget summary) Budget Justification: - Personnel, fringe benefits, travel, equipment, supplies, contractual, other direct costs, indirect costs Authorized Applicant: (Assurance Letter or Tribal Resolution) Assurance Letter: Davis Bacon Act A link to the applicant’s latest single audit as required by 2 CFR 200 Subpart F NEPA Statement of Work (for expedited reviews) NEPA Environmental Questionnaire (EQ-1), if directed to submit NEPA environmental questionnaire (EQ-1), If directed to submit. 53 Templates for many of the required grant application materials are available on the website, https://www.energy.gov/scep/eecbg-program-formula-grant-application-hub. 54 A complete description of the voucher application process and contents can be found in the EECBG Program Voucher Handbook and application templates available on the website, https://www.energy.gov/scep/eecbg- program-formula-grant-application-hub. 35 Indirect Rate Agreement or Rate Proposal (if applicable) Certifications regarding Lobbying (SF-LLL Disclosure Form to report lobbying) APPENDIX 2: BLUEPRINTS – TOPICS AND KEY ACTIVITIES WITH STREAMLINED REVIEWS 55 Blueprint Topic Key Activities with Streamlined Reviews 1. Energy Planning Energy data collection to assist in reducing fossil fuel emissions, reducing total energy use, or improving energy efficiency Develop energy vision, goals, and strategies Stakeholder engagement, education, and outreach Write, adopt, and publicize energy plan 2.A. Energy Efficiency: Energy Audits and Building Upgrades Building energy assessments Energy audits Building upgrades, including energy efficiency, grid-interactivity, and electrification upgrades (as defined below) 2.B. Energy Savings Performance Contracts: Energy Efficiency and Electrification in Government Buildings Explore potential future financing options Procurement of energy savings performance contractor and legal support/technical assistance 2.C. Building Electrification Campaign Develop energy retrofit goal and strategies, e.g., how to reach disadvantaged or low-income residents or small businesses Bulk procurement of building energy efficiency and electrification equipment (as described below) to be installed by for-profit and non-profit installers and contractors Procurement, legal and technical support and assistance Communications and website development Program education, outreach, and advertising 2.D. Building Performance Standards & Stretch Codes Stakeholder engagement, education, and outreach Data collection & benchmarking Metric selection and target setting Determine compliance and enforcement approach 3.A. Solar & Storage: Power Purchase Site assessment Project savings assessment 55 For more information, please see the EECBG Program Blueprints webpage 36 Agreements and Direct Ownership Procurement & legal support Installation of solar systems & battery storage (Limited to solar projects ≤60kW and 1,000kWh battery storage, with further restrictions defined below) 3.B Community Solar Site assessment Stakeholder engagement, education, and outreach Procurement of developer, legal and technical support Communications, program education and promotion, including advertising and program website development Installation of solar panels (Limited to projects ≤60kW with further restrictions defined below) 3.C. Solarize Campaign Design program details, including financing options for customers and how to support low-income customers and EJ communities Stakeholder engagement through education and outreach Procurement of developer & legal, technical support Program education, outreach, and advertising 3.D. Renewable Resource Planning for Rural and Tribal Communities Stakeholder engagement through education and outreach Plan development & publication Preliminary resource planning and siting assessments 4.A. Electric Vehicles and Fleet Electrification Develop fleet replacement plan, including stakeholder engagement and input Siting planning and preliminary assessments Develop utility data sharing agreement Develop charging plan including cost assessment of electric bill Procurement, legal, and technical support to purchase EVs and EVSE Installation of electric vehicle supply equipment (further restrictions listed below) 4.B. EV Charging Infrastructure for the Community Procurement, legal and technical support to purchase EVSE Siting plan and site assessments Stakeholder engagement through education and outreach Installation of electric vehicle supply equipment (EVSE) (further restrictions listed below) Communications and program promotion 5. Unlocking Sustainable Financing Solutions for Energy Projects and Programs with Revolving Loan Funds Market analysis; programmatic research and design Stakeholder engagement through outreach and education Legal and technical support Program evaluation Program design, and curriculum development 37 6. Workforce Development Stakeholder engagement through education, outreach, and program advertising Paying trainers and trainees including supplemental services Page 1 | 10 2-Statement of Work for Non-tribal Energy Efficiency and Conservation Block Grant (EECBG) Applicants with a Historic Preservation Programmatic Agreement 1 (PA) Requesting Expedited Reviews for Projects with No Ground Disturbing Activities Check applicable boxes. Note-All boxes must be checked to use this statement of work. ☐ I represent a non-tribal organization. ☐ If my organization funds any activities on tribal lands or tribal properties, I understand those activities would be restricted to homes/buildings less than forty-five (45) years old and without ground disturbance. My organization would contact the DOE Project Officer for a Historic Preservation Worksheet to request a review of activities that are listed below on tribal homes/buildings forty-five (45) years and older and/or ground disturbing activities. I understand the DOE NEPA team must review the Historic Preservation Worksheet and notify my DOE Project Officer before I may begin initiating activities reviewed on the Historic Preservation Worksheet. ☐ My organization is proposing no ground disturbing activities. ☐ My organization and proposed activities are located in AL, AK, AS, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MP, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, or VI. ☐ I understand I am required to review the NEPA and Historic Preservation training website: www.energy.gov/node/4816816 and contact my DOE Project Officer with any questions before initiating project activities. ☐ I understand I am required to review my NEPA determination (the DOE form that documents DOE’s environmental review of project activities) once I have an approved award from the DOE Contracting Officer. I will contact my DOE Project Officer with questions on my award documents. ☐ I understand I am required to review and comply with the requirements and restrictions of my Historic Preservation Programmatic Agreement found at: https://www.energy.gov/node/812599 once I have an approved award from the DOE Contracting Officer. I will contact my DOE Project Officer with questions on my award documents. ☐ I understand I am required to submit an annual Historic Preservation Report in the Performance and Accountability for Grants in Energy system (PAGE). ☐ I understand if I propose activities not listed below, I must contact my DOE Project Officer who will review the proposal for program eligibility. Additional NEPA review will be required including the possible submission of an Environmental Questionnaire 1 form (EQ1). I will not initiate any activities without approval from the DOE Contracting Officer. 1 Determine if your project is located in a jurisdiction with a Historic Preservation Programmatic Agreement by checking this website: https://www.energy.gov/node/812599 . Page 2 | 10 By signing below, ______________________________________ (enter Applicant organization) provides assurance that it shall only fund projects (including subgrants) that fall within the Blueprints and Additional Activities listed below and will follow all restrictions defined below. Blueprints and Additional Activities: All proposed project activities and equipment funded from Administrative and Legal Requirements Documents (ALRD), and all proposed project activities and equipment funded under Financial Incentive Programs, must be listed below. Activities and equipment not listed below would require submission of an Environmental Questionnaire 1 form (EQ1). This Statement of Work is organized around EECBG Program Blueprints. Applicants that plan to use a Blueprint should identify their selected Blueprint number and ensure that their proposed activities align with this Statement of Work. Applicants that do not plan to use a Blueprint may find that their proposed activities are covered under of one of the Blueprint headers or the “Additional Activities” section. Please review each item carefully to determine if proposed activities are included in this Statement of Work. Blueprints: 1. Blueprint #1: Energy Planning, activities limited to: a. Stakeholder engagement, education, and outreach. b. Energy data collection to assist in reducing fossil fuel emissions, reducing total energy use, or improving energy efficiency, including to establish a baseline. c. Development of an energy vision, goals, and strategies. d. Writing, adopting, and/or publicizing an energy plan. e. Development of energy efficiency and conservation strategies, project-specific plans that may require feasibility studies, preparation of preliminary project design, outreach, and technical support to state agencies, local governments, and affected stakeholders. f. Development and implementation of programs and strategies to encourage energy efficiency and renewable energy such as policy development and stakeholder engagement. 2. Blueprint #2A: Funding commercially available, energy efficient, grid-interactivity, electrification and renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to: a. Building energy assessments. b. Energy audits. c. Installation of insulation. d. Installation of energy efficient lighting and light poles (may be installed within a maintained utility easement if no trees are removed and no ground disturbed). e. HVAC upgrades to existing systems. f. Weather sealing and duct sealing. Page 3 | 10 g. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software). h. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility. i. Retrofit and replacement of windows and doors. j. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves. k. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers. l. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers. 3. Blueprint #2B: Energy Savings Performance Contracts for Efficiency and Electrification in Buildings, activities limited to: a. Exploring potential future financing options. b. Procurement of energy savings performance contractor and legal support/technical assistance. c. Building energy efficiency project implementation and acceptance. Funding commercially available energy efficiency or renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to: i. Installation of insulation. ii. Installation of energy efficient lighting and light poles (may be installed within a maintained utility easement if no trees are removed and no ground disturbed). iii. HVAC upgrades (to existing systems). iv. Weather sealing and duct sealing. v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software). vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility. vii. Retrofit and replacement of windows and doors. viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves. ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers. Page 4 | 10 x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers. d. Post-implementation measurement & verification limited to data analysis (e.g.: metering/usage/temperature), which may include monitoring devices installed on equipment, but not on buildings. 4. Blueprint #2C: Building Efficiency & Electrification Campaign, activities limited to: a. Design of an electrification campaign, including assessing the market, defining campaign goals, and engaging stakeholders. b. Design and execution of financial incentives, including rebates, grants, or financing mechanisms, to support building energy efficiency and electrification upgrades. All project activities funded under a financial incentive program must be listed within this statement of work. c. Research and procurement of campaign partner, including necessary legal and technical support and assistance. d. Development and implementation of communications plan and materials, including website development. e. Program education, outreach, and advertising. f. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to: i. Installation of insulation. ii. Installation of energy efficient lighting and light poles (may be installed within a maintained utility easement if no trees are removed and no ground disturbed). iii. HVAC upgrades to existing systems. iv. Weather sealing and duct sealing. v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software). vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility. vii. Retrofit and replacement of windows and doors. viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves. ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers. x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers. Page 5 | 10 5. Blueprint #2D: Building Performance Standards and Stretch Codes, activities limited to: a. Stakeholder Engagement, education, and outreach. b. Data collection and benchmarking. c. Metric selection and target setting. d. Determination of compliance and enforcement approach. e. Development and implementation of building codes, including inspection services, and associated activities to support code compliance and promote building energy efficiency. 6. Blueprint #3A: Solar and Battery Storage - Power Purchase Agreements and Direct Ownership, activities limited to: a. Site assessment. b. Project savings assessment. c. Procurement & legal support. d. Development, implementation, and installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC. e. Development and installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh. 7. Blueprint #3B: Community Solar, activities limited to: a. Communications, program education, and promotion b. Development, implementation, and installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC. c. Development and installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh. d. Implementation of financial incentive programs including rebates; energy savings performance contracts, renewable energy sharing, or energy savings agreements for existing facilities; community solar credit sharing arrangements; grants and loans to support energy efficiency, renewable energy and energy saving projects. All project activities funded under a financial incentive program must be listed within this statement of work. Page 6 | 10 8. Blueprint #3C: Solarize Campaign, activities limited to: a. Design of Solarize Campaign program details. b. Stakeholder engagement through education and outreach. c. Procurement of solar installer/developer, legal, and technical support. d. Solarize program education, outreach, and advertising. e. Development, implementation, and installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC. f. Development and installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh. g. Implementation of financial incentive programs including rebates; energy savings performance contracts, renewable energy sharing, or energy savings agreements for existing facilities; community solar credit sharing arrangements; grants and loans to support energy efficiency, renewable energy and energy saving projects. All project activities funded under a financial incentive program must be listed within this statement of work. 9. Blueprint #3D: Renewable Resource Planning, activities limited to: a. Market assessment. b. Stakeholder engagement. c. Action Plan development and implementation, which may include resource planning and preliminary siting assessments, identification of financial options, and streamlining of permitting processes. d. Development, implementation, and installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC. e. Development and installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh. f. Implementation of financial incentive programs including rebates; energy savings performance contracts, renewable energy sharing, or energy savings agreements for existing facilities; community solar credit sharing arrangements; grants and loans to support energy efficiency, renewable energy and energy saving projects. All project activities funded under a financial incentive program must be listed within this statement of work. Page 7 | 10 10. Blueprint #4A: Electric Vehicles for Fleets and Fleet Electrification, activities limited to: a. Development of fleet replacement plan, including stakeholder engagement and input. b. Siting planning and preliminary assessments. c. Development of utility data sharing agreement. d. Development of charging plan including cost assessment of electric bill. e. Procurement, legal, and technical support to purchase and install EVs and EVSE. f. Purchase of alternative fuel vehicles, including electric vehicles and plug-in hybrid vehicles. g. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building, structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and municipal fleets. 11. Blueprint #4B: Electric Vehicle Charging Infrastructure, activities limited to: a. Procurement, legal, and technical support to purchase and install EVs and EVSE. b. Stakeholder engagement. c. Siting planning, assessments, and site selection. d. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building, structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and municipal fleets. 12. Blueprint #5: Unlocking Sustainable Financing Solutions for Energy Projects and Programs including Revolving Loan Funds, activities limited to: a. Market analysis, programmatic research, and design. b. Stakeholder engagement, education, and outreach. c. Legal and technical support. d. Communications, program education, and promotion. e. Program evaluation. f. Implementation of financial incentive programs, including rebates and energy savings performance contracts for existing facilities; grants and loans to support energy efficiency, renewable energy, and sustainable transportation projects; loan loss reserves; interest-rate buy down programs; PACE programs; and loan guarantees. All project Page 8 | 10 activities funded under a financial incentive program must be listed within this statement of work. 13. Blueprint #6: Workforce Development, activities limited to: a. Workforce assessment and market analysis. b. Program design and curriculum development. c. Stakeholder engagement, including program promotion and outreach. d. Implementation of classroom or virtual training programs. e. Paying trainers and trainees, including supplemental services. Additional Activities: 14. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized, and are limited to: a. Installation of insulation. b. Installation of energy efficient lighting and light poles (may be installed within a maintained utility easement if no trees are removed and no ground disturbed). c. HVAC upgrades to existing systems. d. Weather sealing and duct sealing. e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software). f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility. g. Retrofit and replacement of windows and doors. h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves. i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers. j. Electrical system upgrades required to enable energy efficient/clean energy. Measures limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers. 15. Development, implementation, and installation of renewable energy technology, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized, and are limited to: a. Solar Electricity/Photovoltaic—appropriately sized systems not to exceed 60kW (including community solar projects) b. Wind Turbines 20 kW or smaller Page 9 | 10 c. Solar thermal systems (including solar thermal hot water) limited to 200,000 BTU per hour or smaller. 16. Biomass thermal systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in existing buildings, do not require structural reinforcement, do not require ground disturbance, are appropriately sized, and limited to 3 MMBTUs per hour or smaller, with appropriate regulatory permits obtained and Best Available Control Technologies (BACT) installed and operated. 17. Purchase of alternative fuel vehicles, hybrids, and electric vehicles. 18. Installation of fueling pumps and systems for fuels such as compressed natural gas, hydrogen, ethanol, and other commercially available biofuels, (but not storage tanks) provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed on a current fueling station site, do not require ground disturbance, tree removal or tree trimming, are appropriately sized, and obtain the appropriate permits, and comply with regulatory requirements. 19. Implementation of financial incentive programs including rebates and energy savings performance contracts for existing facilities; grants, loans, and revolving loans to support energy efficiency, renewable energy and energy saving projects. All project activities funded under a financial incentive program must be listed within this NEPA statement of work. 20. Development and installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized not to exceed 1,000 kWh, obtain the appropriate permits, and comply with regulatory requirements. The Applicant is responsible for informing DOE of any extraordinary circumstances, cumulative impacts, or connected actions that may lead to significant impacts on the environment or any inconsistency with the “integral elements” from a particular project. See 10 C.F.R. Part 1021 Appendix B, and the DOE’s online NEPA and historic preservation training at www.energy.gov/node/4816816 to reviews these concepts. Expedited NEPA review based on this NEPA Statement of Work and supporting documents does not preclude DOE from conducting stewardship activities, including audits, and site visits, or from exercising any other rights under the EECBG program. By signing below, the Applicant, agrees to follow all the statements and restrictions in this document; review and comply with the NEPA Determination (included in their Applicant award documents); review the DOE’s NEPA and Historic Preservation training website. DOE has developed a NEPA and Historic Preservation training website which contains PowerPoint presentations, sample template documents (including a project scope of work and a project layout), a Word template of the Environmental Questionnaire1 (EQ1), and an EQ1 Submission Guide at www.energy.gov/node/4816816. Applicants are Page 10 | 10 responsible for reviewing these trainings and reviewing the sample documents prior to initiating projects. Recipients must contact their DOE Project Officer with any questions. Subgrantees should also review the NEPA and Historic Preservation training website prior to initiating projects. ________________________________________________________________ Authorized Signature Date Name (Printed or typed):___________________________________________ Title (Printed or typed):_____________________________________________ Organization (Printed or typed):______________________________________ August 2005 U.S. DEPARTMENT OF ENERGY FINANCIAL ASSISTANCE CERTIFICATIONS AND ASSURANCES FOR USE WITH SF 424 Applicant: Solicitation No.: DE- SE000530 The following certifications and assurances must be completed and submitted with each application for financial assistance. The name of the person responsible for making the certifications and assurances must be typed in the signature block on the forms. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements DOE F 1600.5, Assurance of Compliance Nondiscrimination in Federally Assisted Programs County of Oakland CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 10 CFR Part 601 "New Restrictions on Lobbying," 10 CFR Part 606 "Governmentwide Debarment and Suspension (Nonprocurement) and 10 CFR Part 607 “Governmentwide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Energy determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2.ADDITIONAL LOBBYING REPRESENTATION Applicant organizations which are described in section 501(c)(4) of the Internal Revenue Code of 1986 and engage in lobbying activities after December 31, 1995, are not eligible for the receipt of Federal funds constituting an award, grant, or loan. As set forth in section 3 of the Lobbying Disclosure Act of 1995 as amended, (2 U.S.C. 1602), lobbying activities are defined broadly to include, among other thins, contacts on behalf of an organization with specified employees of the Executive Branch and Congress with regard to Federal legislative, regulatory, and program administrative matters. Check the appropriate block: The applicant is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986? Yes No If you checked “Yes” above, check the appropriate block: The applicant represents that after December 31, 1995 it has has not engaged in any lobbying activities as defined in the Lobbying Disclosure Act of 1995, as amended. 3. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust x x statutes or commission of embezzlement, theft, forgery, bribery; falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 4.DRUG-FREE WORKPLACE This certification is required by the Drug-Free Workplace Act of 1988 (Pub.L. 100-690, Title V, Subtitle D) and is implemented through additions to the Debarment and Suspension regulations, published in the Federal Register on January 31, 1989, and May 25, 1990. ALTERNATE I (GRANTEES OTHER THAN INDIVIDUALS) (1) The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace not later than five calendar days after such conviction; (e) Notifying the agency, in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a),(b),(c),(d),(e), and (f). (2) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance: (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. ALTERNATE II (GRANTEES WHO ARE INDIVIDUALS) (1) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant. (2) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. 5. SIGNATURE As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Name of Applicant: Printed Name and Title of Authorized Representative: SIGNATURE DATE County of Oakland David Woodward, Chair DOE F 1600.5 U.S. Department of Energy OMB Control No. (06-94) All Other Editions are Obsolete Assurance of Compliance 1910-0400 Nondiscrimination in Federally Assisted Programs OMB Burden Disclosure Statement Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Office of Information Resources Management Policy, Plans, and Oversight, Records Management Division, HR- 422 - GTN, Paperwork Reduction Project (1900-0400), U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, DC 20585; and to the Office of Management and Budget (OMB), Paperwork Reduction Project (1900-0400), Washington, DC 20503. (Hereinafter called the “Applicant”) HEREBY AGREES to comply with Title VI of the Civil Rights Act of 1964 (Pub. L.88-352), Section 16 of the Federal Energy Administration Act of 1974 (Pub.L.93-275), Section 401 of the Energy Reorganization Act of 1974 (Pub.L.93-438), Title IX of the Education Amendments of 1972, as amended (Pub.L.92-318, Pub.L.93-568, and Pub.L.94-482), Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), the Age Discrimination Act of 1975 (Pub.L.94-135), Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), the Department of Energy Organization Act of 1977 (Pub.L.95-91), and the Energy Conservation and Production Act of 1976, as amended (Pub.L.94-385) and Title 10, Code of Federal Regulations, Part 1040. In accordance with the above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity in which the Applicant receives Federal assistance from the Department of Energy. Applicability and Period of Obligation In the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or improved with Federal assistance extended to the Applicant by the Department of Energy, this assurance obligates the Applicant for the period during which Federal assistance is extended. In the case of any transfer of such service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which Federal assistance is extended. If any personal property is so provided, this assurance obligates the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant for the period during which the Federal assistance is extended to the Applicant by the Department of Energy. Employment Practices Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the Department, the Applicant agrees not to discriminate on the ground of race, color, national origin, sex, age, or disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility programs; or other forms of compensation and use of facilities. Subrecipient Assurance The Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or subleases for the purpose of providing any service, financial aid, equipment, property, or structure to comply with laws cited above. To this end, the subrecipient shall be required to sign a written assurance form, however, the obligation or both recipient and subrecipient to ensure compliance is not relieved by the collection or submission of written assurance forms. Data Collection and Access to Records The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result of the Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but is not limited to, the following: (1) the manner in which services are or will be provided and related data necessary for determining whether any persons are or will be denied such services on the basis of prohibited discrimination; (2) the population eligible to be served by race, color, national origin, sex, age, and disability; (3) data regarding covered employment including use or planned use of bilingual public contact employees serving beneficiaries of the program where necessary to permit effective participation by beneficiaries unable to speak or understand English; (4) the location of existing or proposed facilities connected with the program and related information adequate for determining whether the location has or will have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, age, and disability, in any planning or advisory body which is an integral part of the program; and (6) any additional written data determined by the Department of Energy to be relevant to its obligation to assure compliance by recipients with laws cited in the first paragraph of this assurance. County of Oakland DOE F 1600.5 OMB Control No. (06-94) All Other Editions are Obsolete 1910-0400 The Applicant agrees to submit requested data to the Department of Energy regarding programs and activities developed by the Applicant from the use of Federal assistance funds extended by the Department of Energy, Facilities of the Applicant (including the physical plants, building, or other structures) and all records, books, accounts, and other sources of information pertinent to the Applicant's compliance with the civil rights laws shall be made available for inspection during normal business hours on request of an officer or employee of the Department of Energy specifically authorized to make such inspections. Instructions in this regard will be provided by the Director, Office of Civil Rights, U.S. Department of Energy. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts (excluding procurement contracts), property, discounts or other Federal assistance extended after the date hereto, to the Applicants by the Department of Energy, including installment payments on account after such data of application for Federal assistance which are approved before such date. The Applicant recognizes and agrees that such Federal assistance will be extended in reliance upon the representation and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, the successors, transferees, and assignees, as well as the person(s) whose signature appears below and who are authorized to sign this assurance on behalf of the Applicant. Applicant Certification The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with all applicable requirements of 10 C.F.R. § 1040.5 (a copy will be furnished to the Applicant upon written request to DOE). Designated Responsible Employee ( ) - Name and Title (Printed to Typed) Telephone Number Signature Date ( ) - Applicant’s Name Telephone Number Address: Date Authorized Official: President, Chief Executive Officer or Authorized Designee , ( ) - Name and Title (Printed to Typed) Telephone Number Signature Date Erin Quentell 248 600 9001 County of Oakland 1200 N. Telegraph Pontiac MI 48341 David Woodward, Chair 248 296 5033 3/28/2024