Rules and Regulations for the Energy Efficiency and Conservation Block Grant Program

Regulation Authority:

RIGL section 42-140-9

Purpose and Reason:

The purpose of this emergency regulation is to set forth the application and review process by the Office of Energy Resources for the funding of energy efficiency and conservation projects by Rhode Island municipalities.

Brief statement of Reason for Finding Imminent Peril:

The State of Rhode Island was awarded a grant of $9,593,500 from the United States Department of Energy under the American Recovery and Reinvestment Act of 2009-Energy Efficiency and Conservation Block Grant Program (“ARRA-EECBG”) to support the reduction of energy consumption and develop diverse renewable resources by municipalities in Rhode Island. Pursuant to the ARRA-EECBG, the use and disbursement of said funds by the State are subject to strict time constraints. On or before January 22, 2010, the Rhode Island municipalities must submit letters of intent to apply for EECBG funds. Applications for funds to prepare strategic plans under this program must be submitted to the Office of Energy Resources (“OER”) on or before January 30, 2010. Municipalities must submit applications for performance contract funds on or before April 2, 2010. Prior to disbursing any EECBG funds, the OER must promulgate these rules and regulations regarding the administration and utilization of the ARRA-EECBG funds. After the regulations are in effect, the OER must solicit applications for projects and review each submittal. The OER will then issue the awards and enter into contracts with each applicant. If the OER were to provide the notice and comment for these regulations as required by the Rhode Island Administrative Procedures Act, it would be impossible for the OER to disburse the funds by the ARRA-EECBG deadlines. Therefore, the immediate filing of these regulations is necessary to meet the ARRA deadlines.