Title 42, The Public Health and WelfareRelease 119-73not60

§17153 Allocation of Funds

Title 42 › Chapter 152— ENERGY INDEPENDENCE AND SECURITY › Subchapter IV— ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS › Part C— Energy Efficiency and Conservation Block Grants › § 17153

Last updated Apr 5, 2026|Official source

Summary

The Secretary must split the grant money each year this way: 34 percent to eligible local governments under alternative 1, 34 percent to eligible local governments under alternative 2, 28 percent to States, 2 percent to Indian tribes, and 2 percent for competitive grants under the program’s competitive-grant rules. Grants to local governments must use a formula that counts the population from the most recent 10-year census and daytime population plus things like commercial or industrial square footage. Each State must get at least 1.25 percent, and the rest is shared by a formula that uses State population and any other factors the Secretary picks. The Secretary must set a formula for tribes too. The Secretary must publish these formulas in the Federal Register at least 90 days before the fiscal year starts and must create a State and local advisory committee to advise on running and evaluating the program.

Full Legal Text

Title 42, §17153

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Of amounts made available to provide grants under this part for each fiscal year, the Secretary shall allocate—
(1)34 percent to eligible units of local government—alternative 1, in accordance with subsection (b);
(2)34 percent to eligible units of local government—alternative 2, in accordance with subsection (b);
(3)28 percent to States in accordance with subsection (c);
(4)2 percent to Indian tribes in accordance with subsection (d); and
(5)2 percent for competitive grants under section 17156 of this title.
(b)Of amounts available for distribution to eligible units of local government under subsection (a)(1) or (2), the Secretary shall provide grants to eligible units of local government under this section based on a formula established by the Secretary according to—
(1)the populations served by the eligible units of local government, according to the latest available decennial census; and
(2)the daytime populations of the eligible units of local government and other similar factors (such as square footage of commercial, office, and industrial space), as determined by the Secretary.
(c)Of amounts available for distribution to States under subsection (a)(2), the Secretary shall provide—
(1)not less than 1.25 percent to each State; and
(2)the remainder among the States, based on a formula to be established by the Secretary that takes into account—
(A)the population of each State; and
(B)any other criteria that the Secretary determines to be appropriate.
(d)Of amounts available for distribution to Indian tribes under subsection (a)(3), the Secretary shall establish a formula for allocation of the amounts to Indian tribes, taking into account any factors that the Secretary determines to be appropriate.
(e)Not later than 90 days before the beginning of each fiscal year for which grants are provided under this part, the Secretary shall publish in the Federal Register the formulas for allocation established under this section.
(f)The Secretary shall establish a State and local advisory committee to advise the Secretary regarding administration, implementation, and evaluation of the program.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (a)(1). Pub. L. 111–5, § 404(a)(2), added par. (1) and struck out former par. (1) which read as follows: “68 percent to eligible units of local government in accordance with subsection (b);”. Subsec. (a)(2) to (5). Pub. L. 111–5, § 404(a), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Subsec. (b). Pub. L. 111–5, § 404(b), substituted “subsection (a)(1) or (2)” for “subsection (a)(1)” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

Reference

Citations & Metadata

Citation

42 U.S.C. § 17153

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60