CBP Toolbox

Appropriations allocated through the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA) have enabled the Department of Energy and other federal agencies to release significant funding for the development of low-carbon energy projects. In alignment with the IRA and IIJA policies, applicants for funding under qualifying programs are required to submit detailed plans or plan proposals that describe the applicant’s strategy for engaging and partnering with local communities affected by the proposed project. If funding is awarded, applicants will be required to implement these plans (known as Community Benefits PLans or "CBPs"), assess the success of implementation under specific screening metrics and milestones, and report progress to DOE. CBP requirements vary in every funding opportunity announcement (FOA), but generally encompass plans or plan proposals in relation to: 

               1) Community and Labor Stakeholder Engagement; 
               2) The Justice40 Initiative; 
               3) Economic Revitalization and Job Creation; and 
               4) Diversity, Equity, Inclusion, and Accessibility (DEIA). 

Alternatively, some funding applications require a variation of CBPs called an ‘R&D CBP’. The requirements for these are similar but organized into three categories instead of four: 1) Diversity, Equity, Inclusion, and Accessibility (DEIA), 2) Energy Equity, and 3) Workforce. The resources listed for the Justice40 Initiative should be applicable to the Energy Equity section and the resources listed for Economic Revitalization and Job Creation should be applicable to the Workforce section.

Plan components are premised upon Biden Administration policies developed in response to perceived injustices in the energy industry, which may result in adverse health and socioeconomic impacts disproportionately affecting people of color, Tribes, low-income communities, and other historically marginalized demographics. Wyoming’s dispersed rural geography, historic reliance on energy industries, and overall demographics may not necessarily align with DOE’s proposed metrics for engagement, community support, or environmental justice, which may pose challenges for Wyoming applicants.

DOE will evaluate CBPs as part of the technical review process, with CBPs typically valued at 20% of the overall score. If a project is selected for funding, DOE will incorporate the CBP into the award. Recipients are expected to implement the CBP as proposed, with updates provided to DOE throughout the life of the award.  

Environmental justice and grassroots community development are key policy priorities of the Biden Administration. Since President Biden assumed office January 2021, he has issued numerous executive orders directing federal agencies to elevate environmental justice and equity within all organizational and fiscal planning and strategies. The Department of Energy and the Environmental Protection Agency define environmental justice as “the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” This definition traces back to a 1994 executive order issued by President Bill Clinton (E.O. 12898), which called on federal agencies to:          

1)  Identify and address the disproportionately high and adverse human health or environmental effects of their actions on minority and low-income populations, to the greatest extent practicable and permitted by law; 
2)  Develop a strategy for implementing environmental justice; and 
3)  Promote nondiscrimination in federal programs that affect human health and the environment, as well as provide minority and low-income communities access to public information and public participation.

Executive Order 12898 has withstood multiple administration changes and remains in place today. However, each successor administration has implemented E.O. 12898 in its own way, with actual policy varying by administration. President Biden’s “Justice40” Initiative, described in Executive Order 14008 (2021), sets forth additional distributive justice requirements relevant to the development of CBPs. The Justice40 Initiative requires 40% of “overall benefits” from certain federal investments flow to “disadvantaged communities.” (E.O. 14008). Applicants seeking funds from qualified programs are required to utilize GIS screening tools, including EPA’s “EJScreen” and CEQ’s “Climate and Environmental Justice Screening Tool” to evaluate demographic factors relevant to income, race, energy security, and/or exposure to existing environmental hazards.

This toolbox was developed by researchers at UWSER to provide general guidance and resources for the preparation of CBPs by Wyoming stakeholders within the energy industry. Each tab of this spreadsheet provides plan- or county-specific information and resources that may be relevant to CBP proposals and implementation. This toolbox may be used to identify key stakeholders, inform potential cross-agency and cross-organizational partnerships, and guide general strategies for effective CBP development. Throughout, we include resources that detail the origin and nature of DOE’s CBP requirements, which should be used to inform plan development. These resources do not necessarily reflect the views of UWSER. 

Please be advised that CBP requirements are unique to each FOA, which request variable levels and types of information based on the phase of plan development, the project team's area of interest (AOI), and the technical readiness of the technology involved. Specific language differs in each FOA. Accordingly, this toolbox is intended to be used for general guidance only.