#### § 440.10 Allocation of funds.

(a) DOE shall allocate financial assistance for each State from sums appropriated for any fiscal year, upon annual application.

(b) Based on total program allocations at or above the amount of $209,724,761, DOE shall determine the program allocation for each State from available funds as follows:

(1) Allocate to each State a “Base Allocation” as listed in Table 1.

Base Allocation Table

| State | Base allocation |
| --- | --- |
| Alabama | $1,636,000 |
| Alaska | 1,425,000 |
| Arizona | 760,000 |
| Arkansas | 1,417,000 |
| California | 4,404,000 |
| Colorado | 4,574,000 |
| Connecticut | 1,887,000 |
| Delaware | 409,000 |
| District of Columbia | 487,000 |
| Florida | 761,000 |
| Georgia | 1,844,000 |
| Hawaii | 120,000 |
| Idaho | 1,618,000 |
| Illinois | 10,717,000 |
| Indiana | 5,156,000 |
| Iowa | 4,032,000 |
| Kansas | 1,925,000 |
| Kentucky | 3,615,000 |
| Louisiana | 912,000 |
| Maine | 2,493,000 |
| Maryland | 1,963,000 |
| Massachusetts | 5,111,000 |
| Michigan | 12,346,000 |
| Minnesota | 8,342,000 |
| Mississippi | 1,094,000 |
| Missouri | 4,615,000 |
| Montana | 2,123,000 |
| Nebraska | 2,013,000 |
| Nevada | 586,000 |
| New Hampshire | 1,193,000 |
| New Jersey | 3,775,000 |
| New Mexico | 1,519,000 |
| New York | 15,302,000 |
| North Carolina | 2,853,000 |
| North Dakota | 2,105,000 |
| Ohio | 10,665,000 |
| Oklahoma | 1,846,000 |
| Oregon | 2,320,000 |
| Pennsylvania | 11,457,000 |
| Rhode Island | 878,000 |
| South Carolina | 1,130,000 |
| South Dakota | 1,561,000 |
| Tennessee | 3,218,000 |
| Texas | 2,999,000 |
| Utah | 1,692,000 |
| Vermont | 1,014,000 |
| Virginia | 2,970,000 |
| Washington | 3,775,000 |
| West Virginia | 2,573,000 |
| Wisconsin | 7,061,000 |
| Wyoming | 967,000 |
| American Samoa | 120,000 |
| Guam | 120,000 |
| Puerto Rico | 120,000 |
| Northern Mariana Islands | 120,000 |
| Virgin Islands | 120,000 |
| Total | 171,858,000 |

(2) Subtract 171,258,000 from total program allocations.

(3) Calculate each State's formula share as follows:

(i) Divide the number of “Low Income” households in each State by the number of “Low Income” households in the United States and multiply by 100.

(ii) Divide the number of “Heating Degree Days” for each State by the median “Heating Degree Days” for all States.

(iii) Divide the number of “Cooling Degree Days” for each State by the median “Cooling Degree Days” for all States, then multiply by 0.1.

(iv) Calculate the sum of the two numbers from [paragraph (b)(3)(ii)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(ii)) and [(iii)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(iii)) of this section.

(v) Divide the residential energy expenditures for each State by the number of households in the State.

(vi) Divide the sum of the residential energy expenditures for the States in each Census division by the sum of the households for the States in that division.

(vii) Divide the quotient from [paragraph (b)(3)(v)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(v)) of this section by the quotient from [paragraph (b)(3)(vi)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(vi)) of this section.

(viii) Multiply the quotient from [paragraph (b)(3)(vii)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(vii)) of this section for each State by the residential energy expenditures per low-income household for its respective Census division.

(ix) Divide the product from [paragraph (b)(3)(viii)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(viii)) of this section for each State by the median of the products of all States.

(x) Multiply the results for [paragraph (b)(3)(i)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(i)), [(iv)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(iv)) and [(ix)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(ix)) of this section for each State.

(xi) Divide the product in [paragraph (b)(3)(x)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(x)) of this section for each State by the sum of the products in [paragraph (b)(3)(x)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(x)) of this section for all States.

(4) Calculate each State's program allocation as follows:

(i) Multiply the remaining funds calculated in [paragraph (b)(2)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(2)) of this section by the formula share calculated in [paragraph (b)(3)(xi)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(3)(xi)) of this section,

(ii) Add the base allocation from [paragraph (b)(1)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(1)) of this section to the product of [paragraph (b)(4)(i)](/on/2024-09-17/title-10/section-440.10#p-440.10(b)(4)(i)) of this section.

(c) Should total program allocations for any fiscal year fall below $209,724,761, then each State's program allocation shall be reduced from its allocated amount under a total program allocation of $209,724,761 by the same percentage as total program allocations for the fiscal year fall below $209,724,761.

(d) All data sources used in the development of the formula are publicly available. The relevant data is available from the Bureau of the Census, the Department of Energy's Energy Information Administration and the National Oceanic and Atmospheric Administration.

(e) Should updates to the data used in the formula become available in any fiscal year, these changes would be implemented in the formula in the following program year.

(f) DOE may reduce the program allocation for a State by the amount DOE determines cannot be reasonably expended by a grantee to weatherize dwelling units during the budget period for which financial assistance is to be awarded. In reaching this determination, DOE will consider the amount of unexpended financial assistance currently available to a grantee under this part and the number of dwelling units which remains to be weatherized with the unexpended financial assistance.

(g) DOE may increase the program allocation of a State by the amount DOE determines the grantee can expend to weatherize additional dwelling units during the budget period for which financial assistance is to be awarded.

(h) The Support Office Director shall notify each State of the program allocation for which that State is eligible to apply.

[[60 FR 29480](https://www.federalregister.gov/citation/60-FR-29480), June 5, 1995, as amended at [74 FR 12539](https://www.federalregister.gov/citation/74-FR-12539), Mar. 25, 2009]