FOA* ISSUED? WHO IS ELIGIBLE TO APPLY. Grant DOE $3.1 billion Yes -- 3/12 States, territories, and DC

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State Energy For states to administer renewable energy and energy efficiency programs DOE $3.1 billion Yes -- 3/12 States, territories, and DC (1) Governor (mayor) must provide assurances re: policies aligning utility incentives/customer energy efficiency/building codes prior to receiving funds (2) Initial application due 3/23/09 to include preliminary list of planned activities* (3) Comprehensive application due 5/12/09 requires significantly more detailed information, including project site information, state plan, budget info and justification, governor s assurance file w/report on progress meeting assurances, etc. Among eligible projects provided with FOA (not exhaustive): Building codes and standards; building retrofits; clean energy policy development; building energy audits; energy efficiency rating and labeling; industrial retrofit support; provision of loans, grants and incentives; renewable energy market development (installation of renewable energy systems, etc.); tax credits; technical assistance; transportation; (alternative fuels, carpool programs, energy efficient traffic signals, etc.); workshops, training and education Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 1

Energy Efficiency To assist eligible DOE $3.2 billion Yes 3/26 States, (1) applicant must Among eligible projects and Conservation entities reduce territories, DC, provide an energy provided with FOA (not Block fossil fuel units of certain efficiency and exhaustive): emissions; reduce large local conservation Energy energy use; governments strategy (grant efficiency/conservati improve energy (cities/counties), funding may be on strategy efficiency in Indian tribes. used for the development; appropriate development of technical consultant sectors including such a strategy) services to help transportation, (2) states/territories develop strategy; building. must revise their residential and energy commercial building efficiency/conservat energy audits; ion plan under 42 financial incentive U.S.C. 6322 to program for energy establish additional efficiency goals for increased improvements; energy efficiency energy efficient and conservation in retrofits; energy the state (to be efficiency/conservati accomplished when on program State Energy development for plan for buildings/facilities; 2009 is submitted) development/implem (3) no initial entation of programs application to reduce energy necessary used in (4) application deadline transportation; for states: 5/26/09 building codes and Applications inspections; to include implementation of project site distributed energy locations, resource technologies detailed to increase energy Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 2

description files about activities, budget info and justification, energy efficiency and conservation strategy, etc. (5) application deadline for local governments/indian tribes: 6/25/09 efficiency; material conservation programs (recycling, etc.); reduction/capture of methane and other greenhouse gases; traffic signals/street lighting; installation of renewable energy technologies on government buildings; any other appropriate activity. Transmission Modernization/Smart Grid Deliverability and reliability activities to modernize the grid, implement DOE s preexisting smart grid program Investment : (per NOI) to gain the improvements in cost and performance that will come from (50% matching funds in case of Investment ) DOE $4.5 billion (including $3.375 billion for Investment ; $615 million for Demonstration ; $1.25 million for creation of Information Clearinghouse; FOA issued for Clearinghouse grant on 3/12 Notice of Intent to Issue FOA for Investment issued on 4/16 Draft FOA for Demonstration Investment : utilities and other entities Demonstration : all types of entities (including state agencies, local gov t agencies, higher education institutions, non Investment : comments/questions on Notice of Intent due 5/6. FOA expected to be released on 6/17. Application deadlines expected to be 7/29/09, 12/2/09, 3/31/10. Demonstration : comments/questions on draft FOA due 5/6. FOA expected to contain application deadlines. Statute lists demand responsive equipment; enhancement of security and reliability of energy infrastructure; energy storage research, development, demonstration and deployment; and facilitation of recovery from disruptions to energy supply as the types of activities for which this money is appropriate. Final FOAs Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 3

deployment of smart grid technology, enable integration of renewable/energy efficient technologies & demand management practices. Demonstration : (per draft FOA) to demonstrate technologies in regions across the country that embody salient/essential characteristics of region and present use cases for national implementation and replication. $10 million for interoperability standards work; $80 million for regional transmission planning; $100 million for related green jobs/worker training; balance to be spent at DOE s discretion details to be in FOAs as released) issued on 4/16 profits, etc.) EXCEPT other federal agencies, FFRDC contractors and certain nonprofits that lobbied after 1995 Information Clearinghouse: all types of entities with same exceptions as Demonstration ) Information Clearinghouse grant application due 4/6. will demonstrate what DOE actually chooses to use money for. NOI for Investment proposes that grant projects under that program promote the goal of smart grid deployment, including development of component technologies. Projects should advance at least one of 8 smart grid functions delineated in NOI. NOI also provides list of 8 types of qualifying investments and 8 types of investments that are ineligible. Draft FOA for Demonstration proposes that there be three project focuses under that program: (1) regional demonstration initiatives to verify smart grid technology viability, quantify smart grid costs and benefits, and validate new smart grid business models at a scale that can be readily adapted & replicated around the country (2) regionally Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 4

tailored projects to demonstrate innovative network based applications of synchrophasors and (3) major, utility-scale energy storage installations. Information Clearinghouse grant available to establish a public, centralized, webbased repository of smart grid data, information about demonstrations, etc. Weatherization Assistance Energy Star Appliance Rebate To increase the energy efficiency of dwellings owned or occupied by lowincome persons, reduce their residential expenditures, and improve their health and safety For rebates to encourage the use DOE $5 billion Yes 3/12 States, territories, DC (50% cost (1) Initial application, due 3/23/09, to include preliminary list of number of additional units to be weatherized using WAP ARRA funds (2) Comprehensive application, due 5/12/09, to include project site locations, state plan, budget info/justification, etc. DOE $300 million No Weatherization of low income homes Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 5

Greening of Federal/Public Buildings of Energy Star appliances (not clear if applications will be necessary) sharing required) Public Housing Capital Fund Assisted Housing Stability and Energy and Green Retrofit Investments For priority investments in capital and management activities for public housing agencies, including investments that leverage private sector financing/funding for renovations and energy conservation retrofit investments. For assistance to owners of property receiving assistance under various housing statutes, for a program to upgrade HUDsponsored low- HUD $1 billion, but to be allocated via competition HUD $250 million, but presumably owners of property receiving assistance under housing statutes Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 6

income housing to increase energy efficiency Clean Cities Transportation Electrification For competitive grants to be issued under an alternative fuel and advanced technology vehicles pilot program To establish development, demonstration, evaluation and education projects to accelerate the market introduction & penetration of advanced electric drive vehicles. (50% cost share required) (cost sharing 50% minimum for some areas, 20% minimum for other areas) DOE $300 million Yes 2/23 State or local governments or metropolitan transportation authorities (or combinations of the above) DOE $400 million Yes 3/19 All types of applicants are eligible (including state agencies, local gov t agencies, higher education institutions, non profits, etc.) EXCEPT other federal agencies, FFRDC contractors and certain nonprofits that lobbied after 1995 Round 1 closing date: 5/19/09 Round 2 closing date: 9/30/09 (1) no initial application (2) FOA states application due 3/13 (but this looks like a typo, as this is before the issue date of the FOA. Looks as though actual deadline is 5/13) 30 geographically dispersed projects will be funded under the pilot program. Prospective applicants must partner with an active designated Clean Cities Coalition (or coalitions) electric drive vehicle demonstration and evaluation projects; transportation electrification; advanced drive vehicle education program Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 7

Electrical Drive Vehicle Battery and Component Manufacturing Initiative Federal fleet Innovative technology loan guarantee program Energy Efficiency and Renewable Energy Research and To support construction of U.S.-based manufacturing plants to produce batteries and electric drive components To procure energy efficient motor vehicles for use in federal agency fleets Rapid deployment of renewable energy and electric power transmission Research, development, demonstration (50% minimum cost share; lower than 50% cost share can be requested specially) DOE $2 billion Yes 3/19 All types of applicants are eligible (including state agencies, local gov t agencies, higher education institutions, non profits, etc.) except other federal agencies, FFRDC contractors and certain nonprofits that lobbied after 1995 GSA $300 million No Presumably just GSA, if application is necessary Loan guarantee DOE $6 billion No All entities eligible (1) no initial application (2) application due 5/19 Construction of following plants: Cell and battery manufacturing facilities; advanced battery supplier manufacturing facilities; advanced lithium ion battery recycling facilities; electric drive component manufacturing facilities; electric drive subcomponent manufacturing facilities DOE $2.5 billion No (but $800 million allocated for biomass projects; 400 Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 8

Development and deployment programs million allocated for geothermal projects) Research and Development Research and Development Green jobs initiative for energy efficiency and renewable energy Fossil energy research and development programs For energy projects relating to novel energy technologies which reduce reliance on foreign energy, improve efficiency, or reduce greenhouse gas emissions To create national and state energy training partnerships in areas of DOE $3.4 billion No (but to include clean coal power, carbon capture and energy efficiency improvement projects and innovative carbon reuse projects) Advanced $400 million No Research Projects Agency DOL No Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 9

renewable energy and energy efficiency *FOA = Funding Opportunity Announcement (this document is issued by the agency administering the grant, and provides information about application procedures and requirements, eligibility criteria, etc.) *Note that the FOA was released by the DOE on 3/12, only 11 days before this deadline. Not clear what any of the states were able to pull together in the short time provided. Note: Spiegel & McDiarmid LLP believes, but does not guarantee, the contenet of this chart to be accurate. 10