# Bulletin No. 2024–16 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/agency%3Airs%3A434a6d29072ddc39 ## Record - **Collection:** Agency decision - **Document type:** Agency decision ## Text HIGHLIGHTS OF THIS ISSUE   Bulletin No. 2024–16 April 15, 2024 These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. ADMINISTRATIVE Announcement 2024-16, page 909. This Announcement is issued pursuant to § 521(b) of Pub. L. 106-170, the Ticket to Work and Work Incentives Improvement Act of 1999, which requires the Secretary of the Treasury to report annually to the public concerning advance pricing agreements (APAs) and the Advance Pricing and Mutual Agreement Program (APMA Program), formerly known as the Advance Pricing Agreement Program (APA Program). This twenty-fifth report describes the experience, structure, and activities of the APMA Program during calendar year 2023. REG-117542-22, page 942. This Notice of Proposed Rulemaking revises the regulations pertaining to the advance notice to be provided to taxpayers prior to IRS contact with third parties to conform to the new statutory language of section 7602(c) enacted as part of the Taxpayer First Act of 2019 (TFA), Public Law 116-25 (133 Stat. 981). The proposed regulations also provide, pursuant to the Secretary’s authority in section 7602(c)(1)(B), exceptions to the 45-day advance notice requirement where delaying contact with third parties for 45 days after providing notice to the taxpayer would impair tax administration. INCOME TAX Announcement 2024-17, page 932. REG-101552-24, 2024-13 I.R.B. 741 (March 25, 2024) contains errors in the second sentence of the second column on page 743 and in the first sentence of the third column on page 746. These sentences incorrectly describe the requirement that members in an unincorporated organization reserve the right separately to take in kind or dispose of their pro rata shares of electricity produced, extracted or used, or any associated renewable energy credits or similar credits. This requirement was intended to be conjunctive, applying to both elec- Finding Lists begin on page ii. tricity and associated credits. The sentence on page 743 is corrected to read, “Second, the unincorporated organization’s members must enter into a joint operating agreement with respect to the applicable credit property in which the members reserve the right separately to take in kind or dispose of their pro rata shares of the electricity produced, extracted, or used, and any associated renewable energy credits or similar credits.” The sentence on page 746 is corrected to read, “(B) The members of which enter into a joint operating agreement in which the members reserve the right separately to take in kind or dispose of their pro rata shares of the electricity produced, extracted, or used, and any associated renewable energy credits or similar credits”. Notice 2024-30, page 878. This notice modifies Notice 2023-29, 2023-29 I.R.B. 1 (July 17, 2023), clarified by Notice 2023-45, 2023-29 I.R.B. 317 (July 17, 2023), by expanding the Nameplate Capacity Attribution Rule under section 4.02(1)(b) of Notice 2023-29 to include additional attribution property and by adding two 2017 North American Industry Classification System (NAICS) industry codes to the table in section 3.03(2) of Notice 2023-29 for purposes of determining the Fossil Fuel Employment rate (as defined in section 3.03(2) of Notice 2023-29). Notice 2024-32, page 897. This notice provides guidance for qualified student loan bonds to clarify certain requirements for tax-exempt bond financing for loan programs of general application approved by a State under § 144(b)(1)(B) (State Supplemental Loan programs). Specifically, this notice addresses eligibility of borrowers of loans through State Supplemental Loan programs and the loan size limitation for State Supplemental Loans. This notice also provides guidance on whether an issue of State or local bonds the proceeds of which are used to finance or refinance qualified student loans or to finance qualified mortgage loans is a refunding issue. REG-108761-22, page 933. This Notice of Proposed Rulemaking (NPRM) would add a new regulation section promulgated under section 6011 of the Code to establish that Charitable Remainder Annuity Trust (CRAT) transactions described in the NPRM are listed transactions for purposes of Treasury Regulation § 1.6011-4 and sections 6111 and 6112. The transaction at issue is one in which taxpayers purport to eliminate recognition of ordinary income and/or capital gain on appreciated property contributed to a CRAT when the CRAT sells that property and purchases a single premium immediate annuity (SPIA). Taxpayers misapply the rules governing CRAT’s upon the sale of the appreciated property by the CRAT and also misapply the rules concerning the SPIA by treating the beneficiaries as the owners of the SPIA, rather than it being an asset of the CRAT funding the annuity payments from the trust. Rev. Proc. 2024-19, page 899. The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) are issuing this revenue procedure to provide the process under § 48(e) of the Inter- nal Revenue Code to apply for an allocation of environmental justice solar and wind capacity limitation (Capacity Limitation) as part of the low-income communities bonus credit program (Program) for the 2024 Program year. Additionally, this revenue procedure describes how the Capacity Limitation for the 2024 Program year will be divided across the facility categories described in §§ 48(e)(2)(A)(iii) and 1.48(e)-1(b)(2), the Category 1 sub-reservation described in § 1.48(e)-1(i) (1), and the additional selection criteria application options described in § 1.48(e)-1(h). Receipt of an allocation of Capacity Limitation increases the amount of an energy investment credit determined under § 48(a) for the taxable year in which certain solar and wind-powered electricity generation facilities are placed in service. Rev. Rul. 2024-8, page 877. Fringe benefits aircraft valuation formula. For purposes of section 1.61-21(g) of the Income Tax Regulations, relating to the rule for valuing non-commercial flights on employer-provided aircraft, the Standard Industry Fare Level (SIFL) cents-per-mile rates and terminal charge in effect for the first half of 2024 are set forth. The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly. It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legislation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbarment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. April 15, 2024  Bulletin No. 2024–16 Part I Section 61.—Gross Income Defined 26 CFR 1.61-21: Taxation of Fringe Benefit Rev. Rul. 2024-08 For purposes of the taxation of fringe benefits under section 61 of the Internal Revenue Code, section 1.61-21(g) of the Income Tax Regulations provides a rule for valuing noncommercial flights on employer-provided aircraft. Section 1.61-21(g)(5) provides an aircraft valuation formula to determine the value of such flights. The value of a flight is determined under the base aircraft valuation formula (also known as the Standard Industry Fare Level formula or SIFL) by multiplying the SIFL cents-per-mile rates applicable for the Period During Which Terminal Charge the Flight Is Taken 1/1/24 - 6/30/24 $55.05 DRAFTING INFORMATION The principal author of this revenue ruling is Kathleen Edmondson of the Office Bulletin No. 2024–16 of Associate Chief Counsel (Employee Benefits, Exempt Organizations and Employment Taxes). For further information regarding this revenue ruling, contact 877 period during which the flight was taken by the appropriate aircraft multiple provided in section 1.61-21(g)(7) and then adding the applicable terminal charge. The SIFL cents-per-mile rates in the formula and the terminal charge are calculated by the Department of Transportation (DOT) and are reviewed semi-annually. The following chart sets forth the terminal charge and SIFL mileage rates: SIFL Mileage Rates Up to 500 miles = $.3012 per mile 501-1500 miles = $.2296 per mile Over 1500 miles = $.2208 per mile Ms. Edmondson at (202) 317-6798 (not a toll-free number). April 15, 2024 Part III Energy Community Bonus Credit Amounts Under the Inflation Reduction Act of 2022 Notice 2024-30 SECTION 1. PURPOSE This notice modifies Notice 202329, 2023-29 I.R.B. 1 (July 17, 2023), clarified by Notice 2023-45, 2023-29 I.R.B. 317 (July 17, 2023), by expanding the Nameplate Capacity Attribution Rule under section 4.02(1)(b) of Notice 2023-29 to include additional attribution property and by adding two 2017 North American Industry Classification System (NAICS) industry codes to the table in section 3.03(2) of Notice 2023-29 for purposes of determining the Fossil Fuel Employment rate (as defined in section 3.03(2) of Notice 2023-29). These modifications are set forth in section 3 of this notice. SECTION 2. BACKGROUND .01 In General. Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA), amended §§ 45 and 48 of the Internal Revenue Code (Code)1 to provide increased credit amounts or rates if certain requirements pertaining to energy communities are satisfied, and added new §§ 45Y and 48E, which provide increased credit amounts or rates for certain qualified facilities, energy projects, or energy storage technologies that satisfy similar requirements and that are placed in service after December 31, 2024.2 Notice 2023-29 describes certain rules that the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) intend to include in forthcoming proposed regulations for determining what constitutes an energy community, as defined in § 45(b)(11)(B) and as adopted by §§ 45Y(g)(7), 48(a) (14), and 48E(a)(3)(A), and for determining whether a qualified facility, an energy project, or energy storage technology is located in an energy community. Notice 2023-29 also provides that the Treasury Department and the IRS intend to propose that the forthcoming proposed regulations will apply to taxable years ending after April 4, 2023. Taxpayers may rely on the rules described in sections 3 through 6 of Notice 2023-29 until the proposed regulations are published. Sections 45(b)(11), 48(a)(14), 45Y(g) (7), and 48E(a)(3)(A) provide the requirements that taxpayers must satisfy to qualify EC Projects (defined in section 2 of Notice 2023-29) for increased energy community bonus credit amounts or rates under those provisions of the Code. Section 2 of Notice 2023-29 provides that the term “EC Project” refers to: (1) a qualified facility eligible for a credit determined under § 45 or determined under § 45Y that is located in an energy community; (2) an energy project eligible for a credit determined under § 48, which may include qualified property for which a taxpayer has made a valid irrevocable election under § 48(a) (5) to treat such qualified property as energy property under § 48, that is placed in service within an energy community; or (3) a qualified investment with respect to a qualified facility or energy storage technology eligible for a credit determined under § 48E that is placed in service within an energy community. Section 45(b)(11)(B) identifies three location-based categories of energy communities for purposes of §§ 45, 45Y, 48, and 48E, described in Notice 2023-29 as the Brownfield Category, the Statistical Area Category, and the Coal Closure Category. The Statistical Area Category includes a metropolitan statistical area (MSA) or non-metropolitan statistical area (non-MSA) that (1) has (or had at any time after December 31, 2009) 0.17 percent or greater direct employment (Fossil Fuel Employment) or 25 percent or greater local tax revenues (Fossil Fuel Tax Revenue) related to the extraction, processing, transport, or storage of coal, oil, or natural gas (as determined by the Secretary of the Treasury or her delegate (Secretary)); and (2) has an unemployment rate at or above the national average unemployment rate for the previous year (as determined by the Secretary). Section 4 of Notice 2023-29 provides generally applicable rules for determining whether a qualified facility is located in an energy community under §§ 45 or 45Y, and under §§ 48 and 48E, whether an energy project, qualified facility, or energy storage technology, as applicable, is placed in service within an energy community. Section 4.02 of Notice 2023-29 provides that an EC Project is treated as located in or placed in service within an energy community if it satisfies either the Nameplate Capacity Test under section 4.02(1) of that notice or the Footprint Test under section 4.02(2) of that notice. .02 The Nameplate Capacity Attribution Rule. Under the Nameplate Capacity Test, an EC Project that has nameplate capacity is considered located in or placed in service within an energy community if 50 percent or more of the EC Project’s nameplate capacity is in an area that qualifies as an energy community. The Nameplate Capacity Test includes a Nameplate Capacity Attribution Rule (described in section 4.02(1)(b) of Notice 2023-29). The Nameplate Capacity Attribution Rule provides that if an EC Project with offshore energy generation units has nameplate capacity but none of the EC Project’s energy-generating units are in a census tract, MSA, or non-MSA, then the Nameplate Capacity Test for such EC Project is applied by attributing all the nameplate Unless otherwise specified, all “section” or “§” references are to sections of the Code. See § 13101(g) of the IRA for the energy community provisions under § 45(b)(11), § 13102(o) of the IRA for the energy community provisions under § 48(a)(14), § 13701(a) of the IRA for the energy community provisions under § 45Y(g)(7), and § 13702(a) of the IRA for the energy community provisions under § 48E(a)(3)(A). 1 2 April 15, 2024 878 Bulletin No. 2024–16 capacity of such EC Project to the landbased power conditioning equipment that conditions energy generated by the EC Project for transmission, distribution, or use and that is closest to the point of interconnection. Section 3.01 of this notice expands the Nameplate Capacity Attribution Rule to include additional attribution property. .03 NAICS codes used for determining the Fossil Fuel Employment rate. Section 3.03(2) of Notice 2023-29 provides that for purposes of determining whether an MSA or non-MSA is in the Statistical Area Category based on Fossil Fuel Employment, the relevant direct employment is determined by the number of people employed in the industries identified by the 2017 NAICS industry codes listed in the table in section 3.03(2) of Notice 2023-29. The Fossil Fuel Employment rate is determined as the number of people employed in the industries identified by the 2017 NAICS codes specified in the table and as listed in the annual County Files of the County Business Patterns (CBP) published by the Census Bureau, divided by the total number of people employed in that area. The Fossil Fuel Employment and total employment for each county in an MSA or non-MSA is aggregated for each year to determine whether the MSA or non-MSA meets the Fossil Fuel Employment threshold of 0.17 percent. Section 3.02 of this notice modifies the Fossil Fuel Employment rate determination by adding two NAICS codes to the table provided in section 3.03(2) of Notice 2023-29. 2017 NAICS code 211 2121 213111 213112 213113 2212 23712 32411 4861 4862 Bulletin No. 2024–16 SECTION 3. MODIFICATION OF NOTICE 2023-29 .01 Modification of the Nameplate Capacity Attribution Rule. Section 4.02(1) (b) of Notice 2023-29 is modified to read as follows: (b) Nameplate Capacity Attribution Rule. If an EC Project with offshore energy generation units has nameplate capacity but none of the EC Project’s energy-generating units are in a census tract, MSA, or nonMSA, then the Nameplate Capacity Test for such EC Project is applied by attributing all the nameplate capacity of such EC Project to: (i) any landbased power conditioning equipment that conditions energy generated by the EC Project for transmission, distribution, or use before the energy is transmitted to the point of interconnection (or in the case of an EC Project with multiple points of interconnection, any land-based power conditioning equipment that conditions energy generated by the EC Project for transmission, distribution, or use before the energy is transmitted to one of the multiple points of interconnection); or (ii) any EC Project supervisory control and data acquisition (SCADA) equipment located in an EC Project Port. EC Project SCADA equipment is property owned by the taxpayer that owns the EC Project and is used to remotely monitor and control the EC Project’s operations. An EC Project Port is defined as a port used either full or part-time to facilitate maritime operations necessary for the installation or operation and maintenance of the EC Project, and with a significant long-term relationship with the EC Project at which staff employed by, or working as independent contractors for, the taxpayer that owns the EC Project are based and perform functions essential to the EC Project’s operations. A port will be considered to have a significant long-term relationship with the EC Project only if the taxpayer that owns the EC Project owns (in whole or in part) or leases (in whole or in part) under a lease agreement with a term of at least 10 years, the port in which the EC Project SCADA equipment is located. Staff employed by, or working as independent contractors for, the taxpayer that owns the EC Project will be considered based in an EC Project Port to perform functions essential to the EC Project’s operations only if the staff perform (collectively, if not individually) all of the following functions: management of marine operations, inventory and handling of spare parts and consumables, and berthing and dispatch of operation and maintenance vessels and associated crews and technicians. .02 Modification of the Fossil Fuel Employment rate determination by the addition of two NAICS codes. (1) The table in section 3.03(2) of Notice 2023-29 is modified to read as follows (new codes in bold): Description Oil and Gas Extraction Coal Mining Drilling Oil and Gas Wells Support Activities for Oil and Gas Operations Support Activities for Coal Mining Natural Gas Distribution Oil and Gas Pipeline and Related Structures Construction Petroleum Refineries Pipeline Transportation of Crude Oil Pipeline Transportation of Natural Gas 879 April 15, 2024 (2) Appendix B to Notice 2023-29 provided the list of MSAs and nonMSAs that meet the Fossil Fuel Employment threshold described in § 45(b)(11) (B)(ii)(I) and section 3.03(2) of Notice 2023-29. Appendix 1 to this notice is a list of additional MSAs and non-MSAs that meet the Fossil Fuel Employment threshold described in Notice 2023-29 after including the two additional NAICS codes. Appendix 1 to this notice, Appendix B to Notice 2023-29, and Appendix 1 to Notice 2023-47 together provide the full list of MSAs and non-MSAs that meet the Fossil Fuel Employment threshold applicable to the period beginning on January 1, 2023. (3) Appendix 2 to Notice 2023-47 is a list of MSAs and non-MSAs that qualify as energy communities because they meet the Fossil Fuel Employment threshold and have an unemployment rate at or above the national average unemployment rate for calendar year 2022 as described in § 45(b)(11)(B)(ii)(II) April 15, 2024 and section 3.03(3) of Notice 2023-29. Appendix 2 to this notice is a list of additional MSAs and non-MSAs that qualify as energy communities after including the two additional NAICS codes. Appendix 2 to this notice and Appendix 2 of Notice 2023-47 together provide the full list of energy communities in the Statistical Area Category for the period beginning on January 1, 2023. As provided in section 3.03(3) of Notice 2023-29, the energy community status for the MSAs and non-MSAs listed in Appendix 2 of Notice 2023-47 and Appendix 2 of this notice is effective as of January 1, 2023, and that status will continue until the list is updated based on unemployment rates for calendar year 2023. SECTION 4. APPLICABILITY DATE Until the proposed regulations are published, taxpayers may rely on the rules described in sections 3 through 6 of Notice 2023-29, as previously clarified by 880 Notice 2023-45 and modified by section 3 this notice, for taxable years ending after April 4, 2023. SECTION 5. EFFECT ON OTHER DOCUMENTS Notice 2023-29 is modified as provided in section 3 of this notice. Except as provided in section 3 of this notice, this notice does not otherwise affect the guidance provided in Notice 2023-29. SECTION 6. DRAFTING INFORMATION The principal author of this notice is the Office of Associate Chief Counsel (Passthroughs & Special Industries). However, other personnel from the Treasury Department and the IRS participated in its development. For further information regarding this notice, call the energy security guidance contact number at (202) 317-5254 (not a toll-free number). Bulletin No. 2024–16 Appendix 1: Additional MSAs and non-MSAs that meet the Fossil Fuel Employment threshold that were not included in Appendix B to Notice 2023-29 State FIPS Code County FIPS Code State Name MSA or non-MSA Code 11500 100002 100002 100002 100002 100002 100002 100002 100002 100002 100002 100002 43420 22380 46060 39140 22220 38220 26300 38220 MSA or non-MSA Name Alabama Alabama Alabama Alabama Alabama Alabama Alabama Alabama Alabama Alabama Alabama Alabama Arizona Arizona Arizona Arizona Arkansas Arkansas Arkansas Arkansas County or County-Equivalent Entity Name Calhoun County Chambers County Cherokee County Clay County Cleburne County Coosa County DeKalb County Jackson County Marshall County Randolph County Talladega County Tallapoosa County Cochise County Coconino County Pima County Yavapai County Benton County Cleveland County Garland County Jefferson County 01 01 01 01 01 01 01 01 01 01 01 01 04 04 04 04 05 05 05 05 05 015 017 019 027 029 037 049 071 095 111 121 123 003 005 019 025 007 025 051 069 05 05 05 05 06 079 081 087 091 143 003 Arkansas Arkansas Arkansas Arkansas Arkansas California Lincoln County Little River County Madison County Miller County Washington County Alpine County 38220 45500 22220 45500 22220 600006 06 005 California Amador County 600006 06 009 California Calaveras County 600006 06 011 California Colusa County 600007 06 021 California Glenn County 600007 06 027 California Inyo County 600006 06 035 California Lassen County 600007 06 043 California Mariposa County 600006 Pine Bluff, AR Texarkana, TX-AR Fayetteville-Springdale-Rogers, AR-MO Texarkana, TX-AR Fayetteville-Springdale-Rogers, AR-MO Eastern Sierra-Mother Lode Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area Bulletin No. 2024–16 881 Anniston-Oxford-Jacksonville, AL Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Northeast Alabama nonmetropolitan area Sierra Vista-Douglas, AZ Flagstaff, AZ Tucson, AZ Prescott, AZ Fayetteville-Springdale-Rogers, AR-MO Pine Bluff, AR Hot Springs, AR Pine Bluff, AR April 15, 2024 State FIPS Code County FIPS Code State Name 06 049 California 06 051 California 06 06 055 057 California California 06 063 California 06 06 06 06 065 071 073 091 California California California California 06 093 California 06 103 California 06 105 California 06 06 107 109 California California 08 09 09 10 013 009 015 003 Colorado Connecticut Connecticut Delaware 12 12 12 12 12 12 12 12 12 12 12 12 12 12 13 13 13 001 027 033 039 041 043 049 051 065 073 087 093 113 129 013 015 035 Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Georgia Georgia Georgia April 15, 2024 County or County-Equivalent Entity Name Modoc County MSA or MSA or non-MSA Name non-MSA Code 600007 North Valley-Northern Mountains Region of California nonmetropolitan area Mono County 600006 Eastern Sierra-Mother Lode Region of California nonmetropolitan area Napa County 34900 Napa, CA Nevada County 600007 North Valley-Northern Mountains Region of California nonmetropolitan area Plumas County 600007 North Valley-Northern Mountains Region of California nonmetropolitan area Riverside County 40140 Riverside-San Bernardino-Ontario, CA San Bernardino County 40140 Riverside-San Bernardino-Ontario, CA San Diego County 41740 San Diego-Carlsbad, CA Sierra County 600007 North Valley-Northern Mountains Region of California nonmetropolitan area Siskiyou County 600007 North Valley-Northern Mountains Region of California nonmetropolitan area Tehama County 600007 North Valley-Northern Mountains Region of California nonmetropolitan area Trinity County 600007 North Valley-Northern Mountains Region of California nonmetropolitan area Tulare County 47300 Visalia-Porterville, CA Tuolumne County 600006 Eastern Sierra-Mother Lode Region of California nonmetropolitan area Boulder County 14500 Boulder, CO New Haven County 35300 New Haven-Milford, CT Windham County 49340 Worcester, MA-CT New Castle County 37980 Philadelphia-Camden-Wilmington, PA-NJDE-MD Alachua County 23540 Gainesville, FL DeSoto County 1200003 South Florida nonmetropolitan area Escambia County 37860 Pensacola-Ferry Pass-Brent, FL Gadsden County 45220 Tallahassee, FL Gilchrist County 23540 Gainesville, FL Glades County 1200003 South Florida nonmetropolitan area Hardee County 1200003 South Florida nonmetropolitan area Hendry County 1200003 South Florida nonmetropolitan area Jefferson County 45220 Tallahassee, FL Leon County 45220 Tallahassee, FL Monroe County 1200003 South Florida nonmetropolitan area Okeechobee County 1200003 South Florida nonmetropolitan area Santa Rosa County 37860 Pensacola-Ferry Pass-Brent, FL Wakulla County 45220 Tallahassee, FL Barrow County 12060 Atlanta-Sandy Springs-Roswell, GA Bartow County 12060 Atlanta-Sandy Springs-Roswell, GA Butts County 12060 Atlanta-Sandy Springs-Roswell, GA 882 Bulletin No. 2024–16 State FIPS Code County FIPS Code State Name 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 045 057 059 063 067 077 085 089 097 113 115 117 121 135 143 149 151 159 171 195 Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia 199 211 217 219 221 223 227 231 247 255 297 001 015 027 045 073 005 011 013 015 027 031 037 Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Georgia Idaho Idaho Idaho Idaho Idaho Illinois Illinois Illinois Illinois Illinois Illinois Illinois 13 13 13 13 13 13 13 13 13 13 16 16 16 16 16 17 17 17 17 17 17 17 Bulletin No. 2024–16 County or County-Equivalent Entity Name Carroll County Cherokee County Clarke County Clayton County Cobb County Coweta County Dawson County DeKalb County Douglas County Fayette County Floyd County Forsyth County Fulton County Gwinnett County Haralson County Heard County Henry County Jasper County Lamar County Madison County MSA or non-MSA Code 12060 12060 12020 12060 12060 12060 12060 12060 12060 12060 40660 12060 12060 12060 12060 12060 12060 12060 12060 12020 MSA or non-MSA Name Meriwether County Morgan County Newton County Oconee County Oglethorpe County Paulding County Pickens County Pike County Rockdale County Spalding County Walton County Ada County Boise County Canyon County Gem County Owyhee County Bond County Bureau County Calhoun County Carroll County Clinton County Cook County 12060 12060 12060 12020 12020 12060 12060 12060 12060 12060 12060 14260 14260 14260 14260 14260 41180 1700001 41180 1700001 41180 16980 Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Athens-Clarke County, GA Athens-Clarke County, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Boise City, ID Boise City, ID Boise City, ID Boise City, ID Boise City, ID St. Louis, MO-IL Northwest Illinois nonmetropolitan area St. Louis, MO-IL Northwest Illinois nonmetropolitan area St. Louis, MO-IL Chicago-Naperville-Elgin, IL-IN-WI DeKalb County 16980 Chicago-Naperville-Elgin, IL-IN-WI 883 Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Athens-Clarke County, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Rome, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Atlanta-Sandy Springs-Roswell, GA Athens-Clarke County, GA April 15, 2024 State FIPS Code County FIPS Code State Name 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 043 063 083 085 089 091 093 097 099 103 111 115 117 119 133 141 155 163 177 195 Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois 197 009 023 031 041 045 047 053 065 073 075 089 107 111 121 127 135 139 159 171 177 061 045 Illinois Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Indiana Iowa Kansas 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 19 20 April 15, 2024 County or County-Equivalent Entity Name DuPage County Grundy County Jersey County Jo Daviess County Kane County Kankakee County Kendall County Lake County LaSalle County Lee County McHenry County Macon County Macoupin County Madison County Monroe County Ogle County Putnam County St. Clair County Stephenson County Whiteside County MSA or non-MSA Code 16980 16980 41180 1700001 16980 28100 16980 16980 1700001 1700001 16980 19500 41180 41180 41180 1700001 1700001 41180 1700001 1700001 MSA or non-MSA Name Will County Blackford County Clinton County Decatur County Fayette County Fountain County Franklin County Grant County Henry County Jasper County Jay County Lake County Montgomery County Newton County Parke County Porter County Randolph County Rush County Tipton County Warren County Wayne County Dubuque County 16980 1800002 1800002 1800002 1800002 1800002 1800002 1800002 1800002 16980 1800002 16980 1800002 16980 1800002 16980 1800002 1800002 1800002 1800002 1800002 20220 Chicago-Naperville-Elgin, IL-IN-WI Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Chicago-Naperville-Elgin, IL-IN-WI Central Indiana nonmetropolitan area Chicago-Naperville-Elgin, IL-IN-WI Central Indiana nonmetropolitan area Chicago-Naperville-Elgin, IL-IN-WI Central Indiana nonmetropolitan area Chicago-Naperville-Elgin, IL-IN-WI Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Central Indiana nonmetropolitan area Dubuque, IA Douglas County 29940 Lawrence, KS 884 Chicago-Naperville-Elgin, IL-IN-WI Chicago-Naperville-Elgin, IL-IN-WI St. Louis, MO-IL Northwest Illinois nonmetropolitan area Chicago-Naperville-Elgin, IL-IN-WI Kankakee, IL Chicago-Naperville-Elgin, IL-IN-WI Chicago-Naperville-Elgin, IL-IN-WI Northwest Illinois nonmetropolitan area Northwest Illinois nonmetropolitan area Chicago-Naperville-Elgin, IL-IN-WI Decatur, IL St. Louis, MO-IL St. Louis, MO-IL St. Louis, MO-IL Northwest Illinois nonmetropolitan area Northwest Illinois nonmetropolitan area St. Louis, MO-IL Northwest Illinois nonmetropolitan area Northwest Illinois nonmetropolitan area Bulletin No. 2024–16 State FIPS Code County FIPS Code State Name Kansas Kansas Kansas Kansas Kansas Kentucky Kentucky Kentucky Maine Maryland County or County-Equivalent Entity Name Johnson County Leavenworth County Linn County Miami County Wyandotte County Hardin County Larue County Meade County Androscoggin County Cecil County MSA or non-MSA Code 28140 28140 28140 28140 28140 21060 21060 21060 30340 37980 20 20 20 20 20 21 21 21 23 24 091 103 107 121 209 093 123 163 001 015 25 25 25 25 25 25 26 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 001 003 007 011 019 027 087 093 099 115 Massachusetts Massachusetts Massachusetts Massachusetts Massachusetts Massachusetts Michigan Michigan Michigan Michigan Barnstable County Berkshire County Dukes County Franklin County Nantucket County Worcester County Lapeer County Livingston County Macomb County Monroe County 12700 38340 2500006 2500006 2500006 49340 19820 19820 19820 33780 Kansas City, MO-KS Kansas City, MO-KS Kansas City, MO-KS Kansas City, MO-KS Kansas City, MO-KS Elizabethtown-Fort Knox, KY Elizabethtown-Fort Knox, KY Elizabethtown-Fort Knox, KY Lewiston-Auburn, ME Philadelphia-Camden-Wilmington, PA-NJDE-MD Barnstable Town, MA Pittsfield, MA Massachusetts nonmetropolitan area Massachusetts nonmetropolitan area Massachusetts nonmetropolitan area Worcester, MA-CT Detroit-Warren-Dearborn, MI Detroit-Warren-Dearborn, MI Detroit-Warren-Dearborn, MI Monroe, MI 125 147 161 163 003 005 007 011 019 021 023 025 029 033 035 037 041 051 053 057 059 063 Michigan Michigan Michigan Michigan Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Oakland County St. Clair County Washtenaw County Wayne County Anoka County Becker County Beltrami County Big Stone County Carver County Cass County Chippewa County Chisago County Clearwater County Cottonwood County Crow Wing County Dakota County Douglas County Grant County Hennepin County Hubbard County Isanti County Jackson County 19820 19820 11460 19820 33460 2700001 2700001 2700003 33460 2700001 2700003 33460 2700001 2700003 2700001 33460 2700001 2700001 33460 2700001 33460 2700003 Detroit-Warren-Dearborn, MI Detroit-Warren-Dearborn, MI Ann Arbor, MI Detroit-Warren-Dearborn, MI Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Southwest Minnesota nonmetropolitan area Bulletin No. 2024–16 885 MSA or non-MSA Name April 15, 2024 State FIPS Code County FIPS Code State Name 27 27 27 27 067 069 073 077 Minnesota Minnesota Minnesota Minnesota 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 079 081 083 085 087 089 093 095 097 101 105 107 111 113 117 121 Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 123 125 127 129 133 135 139 141 143 149 151 153 155 159 163 167 171 173 Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota Minnesota 29 29 29 001 005 007 Missouri Missouri Missouri April 15, 2024 County or County-Equivalent Entity Name Kandiyohi County Kittson County Lac qui Parle County Lake of the Woods County Le Sueur County Lincoln County Lyon County McLeod County Mahnomen County Marshall County Meeker County Mille Lacs County Morrison County Murray County Nobles County Norman County Otter Tail County Pennington County Pipestone County Pope County MSA or non-MSA Code 2700003 2700001 2700003 2700001 MSA or non-MSA Name 33460 2700003 2700003 2700003 2700001 2700001 2700003 33460 2700001 2700003 2700003 2700001 2700001 2700001 2700003 2700001 Minneapolis-St. Paul-Bloomington, MN-WI Southwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Ramsey County Red Lake County Redwood County Renville County Rock County Roseau County Scott County Sherburne County Sibley County Stevens County Swift County Todd County Traverse County Wadena County Washington County Wilkin County Wright County Yellow Medicine County Adair County Atchison County Audrain County 33460 2700001 2700003 2700003 2700003 2700001 33460 33460 33460 2700001 2700003 2700001 2700001 2700001 33460 2700001 33460 2700003 Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Minneapolis-St. Paul-Bloomington, MN-WI Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Northwest Minnesota nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Southwest Minnesota nonmetropolitan area 2900002 2900002 2900002 North Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area 886 Southwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Southwest Minnesota nonmetropolitan area Northwest Minnesota nonmetropolitan area Bulletin No. 2024–16 State FIPS Code County FIPS Code State Name 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 009 011 013 025 033 037 039 041 045 047 049 057 061 071 075 079 081 087 095 097 Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri 099 103 107 109 111 113 115 117 119 121 127 129 137 139 145 147 163 165 171 173 175 177 183 Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 29 Bulletin No. 2024–16 County or County-Equivalent Entity Name Barry County Barton County Bates County Caldwell County Carroll County Cass County Cedar County Chariton County Clark County Clay County Clinton County Dade County Daviess County Franklin County Gentry County Grundy County Harrison County Holt County Jackson County Jasper County MSA or non-MSA Code 2900004 2900004 28140 28140 2900002 28140 2900004 2900002 2900002 28140 28140 2900004 2900002 41180 2900002 2900002 2900002 2900002 28140 27900 MSA or non-MSA Name Jefferson County Knox County Lafayette County Lawrence County Lewis County Lincoln County Linn County Livingston County McDonald County Macon County Marion County Mercer County Monroe County Montgomery County Newton County Nodaway County Pike County Platte County Putnam County Ralls County Randolph County Ray County 41180 2900002 28140 2900004 2900002 41180 2900002 2900002 22220 2900002 2900002 2900002 2900002 2900002 27900 2900002 2900002 28140 2900002 2900002 2900002 28140 St. Louis, MO-IL North Missouri nonmetropolitan area Kansas City, MO-KS Southwest Missouri nonmetropolitan area North Missouri nonmetropolitan area St. Louis, MO-IL North Missouri nonmetropolitan area North Missouri nonmetropolitan area Fayetteville-Springdale-Rogers, AR-MO North Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area Joplin, MO North Missouri nonmetropolitan area North Missouri nonmetropolitan area Kansas City, MO-KS North Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area Kansas City, MO-KS St. Charles County 41180 St. Louis, MO-IL 887 Southwest Missouri nonmetropolitan area Southwest Missouri nonmetropolitan area Kansas City, MO-KS Kansas City, MO-KS North Missouri nonmetropolitan area Kansas City, MO-KS Southwest Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area Kansas City, MO-KS Kansas City, MO-KS Southwest Missouri nonmetropolitan area North Missouri nonmetropolitan area St. Louis, MO-IL North Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area Kansas City, MO-KS Joplin, MO April 15, 2024 State FIPS Code County FIPS Code State Name MSA or non-MSA Code 41180 2900002 2900002 2900002 2900004 2900002 2900004 2900004 41180 2900002 41180 3000003 3000003 3000003 3000003 3000003 3000003 3000003 MSA or non-MSA Name Montana Montana County or County-Equivalent Entity Name St. Louis County Schuyler County Scotland County Shelby County Stone County Sullivan County Taney County Vernon County Warren County Worth County St. Louis city Beaverhead County Broadwater County Deer Lodge County Gallatin County Granite County Jefferson County Lewis and Clark County Madison County Meagher County 29 29 29 29 29 29 29 29 29 29 29 30 30 30 30 30 30 30 189 197 199 205 209 211 213 217 219 227 510 001 007 023 031 039 043 049 Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Missouri Montana Montana Montana Montana Montana Montana Montana 30 30 057 059 3000003 3000003 Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area 30 30 30 30 31 31 31 31 32 32 34 34 067 077 093 097 079 081 093 121 003 510 001 005 Montana Montana Montana Montana Nebraska Nebraska Nebraska Nebraska Nevada Nevada New Jersey New Jersey Park County Powell County Silver Bow County Sweet Grass County Hall County Hamilton County Howard County Merrick County Clark County Carson City Atlantic County Burlington County 3000003 3000003 3000003 3000003 24260 24260 24260 24260 29820 16180 12100 37980 34 007 New Jersey Camden County 37980 34 015 New Jersey Gloucester County 37980 34 033 New Jersey Salem County 37980 35 35 35 35 001 043 057 061 New Mexico New Mexico New Mexico New Mexico Bernalillo County Sandoval County Torrance County Valencia County 10740 10740 10740 10740 Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Grand Island, NE Grand Island, NE Grand Island, NE Grand Island, NE Las Vegas-Henderson-Paradise, NV Carson City, NV Atlantic City-Hammonton, NJ Philadelphia-Camden-Wilmington, PA-NJDE-MD Philadelphia-Camden-Wilmington, PA-NJDE-MD Philadelphia-Camden-Wilmington, PA-NJDE-MD Philadelphia-Camden-Wilmington, PA-NJDE-MD Albuquerque, NM Albuquerque, NM Albuquerque, NM Albuquerque, NM April 15, 2024 888 St. Louis, MO-IL North Missouri nonmetropolitan area North Missouri nonmetropolitan area North Missouri nonmetropolitan area Southwest Missouri nonmetropolitan area North Missouri nonmetropolitan area Southwest Missouri nonmetropolitan area Southwest Missouri nonmetropolitan area St. Louis, MO-IL North Missouri nonmetropolitan area St. Louis, MO-IL Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Southwest Montana nonmetropolitan area Bulletin No. 2024–16 State FIPS Code County FIPS Code State Name 36 36 36 36 37 37 37 37 37 37 37 37 38 38 38 38 38 38 38 38 38 007 029 063 107 049 065 081 103 127 137 151 157 003 005 019 021 027 031 039 045 New York New York New York New York North Carolina North Carolina North Carolina North Carolina North Carolina North Carolina North Carolina North Carolina North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota 047 051 063 067 071 073 077 079 081 091 093 095 097 099 103 041 045 049 073 089 097 117 127 North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota North Dakota Ohio Ohio Ohio Ohio Ohio Ohio Ohio Ohio 38 38 38 38 38 38 38 38 38 38 38 38 38 38 39 39 39 39 39 39 39 39 Bulletin No. 2024–16 County or County-Equivalent Entity Name Broome County Erie County Niagara County Tioga County Craven County Edgecombe County Guilford County Jones County Nash County Pamlico County Randolph County Rockingham County Barnes County Benson County Cavalier County Dickey County Eddy County Foster County Griggs County LaMoure County MSA or non-MSA Code 13780 15380 15380 13780 35100 40580 24660 35100 40580 35100 24660 24660 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 MSA or non-MSA Name Logan County McIntosh County Nelson County Pembina County Ramsey County Ransom County Richland County Rolette County Sargent County Steele County Stutsman County Towner County Traill County Walsh County Wells County Delaware County Fairfield County Franklin County Hocking County Licking County Madison County Morrow County 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 3800007 18140 18140 18140 18140 18140 18140 18140 East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area Columbus, OH Columbus, OH Columbus, OH Columbus, OH Columbus, OH Columbus, OH Columbus, OH Perry County 18140 Columbus, OH 889 Binghamton, NY Buffalo-Cheektowaga-Niagara Falls, NY Buffalo-Cheektowaga-Niagara Falls, NY Binghamton, NY New Bern, NC Rocky Mount, NC Greensboro-High Point, NC New Bern, NC Rocky Mount, NC New Bern, NC Greensboro-High Point, NC Greensboro-High Point, NC East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area East North Dakota nonmetropolitan area April 15, 2024 State FIPS Code County FIPS Code State Name Ohio Ohio Ohio Ohio Oklahoma Oklahoma Oregon Oregon Oregon Oregon Oregon Oregon Pennsylvania Pennsylvania County or County-Equivalent Entity Name Pickaway County Portage County Summit County Union County Comanche County Cotton County Clackamas County Columbia County Jackson County Multnomah County Washington County Yamhill County Berks County Bucks County MSA or non-MSA Code 18140 10420 10420 18140 30020 30020 38900 38900 32780 38900 38900 38900 39740 37980 39 39 39 39 40 40 41 41 41 41 41 41 42 42 129 133 153 159 031 033 005 009 029 051 067 071 011 017 42 029 Pennsylvania Chester County 37980 42 42 42 42 037 041 043 045 Pennsylvania Pennsylvania Pennsylvania Pennsylvania Columbia County Cumberland County Dauphin County Delaware County 14100 25420 25420 37980 42 049 Pennsylvania Erie County 42 091 Pennsylvania Montgomery County 21500 37980 42 42 42 093 099 101 Pennsylvania Pennsylvania Pennsylvania Montour County Perry County Philadelphia County 14100 25420 37980 42 45 45 45 45 45 45 48 48 48 51 51 51 51 51 133 017 039 055 063 079 081 037 145 309 007 015 033 036 041 Pennsylvania South Carolina South Carolina South Carolina South Carolina South Carolina South Carolina Texas Texas Texas Virginia Virginia Virginia Virginia Virginia York County Calhoun County Fairfield County Kershaw County Lexington County Richland County Saluda County Bowie County Falls County McLennan County Amelia County Augusta County Caroline County Charles City County Chesterfield County 49620 17900 17900 17900 17900 17900 17900 45500 47380 47380 40060 44420 40060 40060 40060 April 15, 2024 890 MSA or non-MSA Name Columbus, OH Akron, OH Akron, OH Columbus, OH Lawton, OK Lawton, OK Portland-Vancouver-Hillsboro, OR-WA Portland-Vancouver-Hillsboro, OR-WA Medford, OR Portland-Vancouver-Hillsboro, OR-WA Portland-Vancouver-Hillsboro, OR-WA Portland-Vancouver-Hillsboro, OR-WA Reading, PA Philadelphia-Camden-Wilmington, PA-NJDE-MD Philadelphia-Camden-Wilmington, PA-NJDE-MD Bloomsburg-Berwick, PA Harrisburg-Carlisle, PA Harrisburg-Carlisle, PA Philadelphia-Camden-Wilmington, PA-NJDE-MD Erie, PA Philadelphia-Camden-Wilmington, PA-NJDE-MD Bloomsburg-Berwick, PA Harrisburg-Carlisle, PA Philadelphia-Camden-Wilmington, PA-NJDE-MD York-Hanover, PA Columbia, SC Columbia, SC Columbia, SC Columbia, SC Columbia, SC Columbia, SC Texarkana, TX-AR Waco, TX Waco, TX Richmond, VA Staunton-Waynesboro, VA Richmond, VA Richmond, VA Richmond, VA Bulletin No. 2024–16 State FIPS Code County FIPS Code State Name MSA or non-MSA Code 40060 40060 40060 40060 40060 40060 40060 40060 40060 40060 40060 40060 40060 44420 44420 28420 38900 31020 28420 38900 MSA or non-MSA Name Virginia Virginia Virginia Virginia Virginia Virginia Virginia Virginia Virginia Virginia Virginia Virginia Virginia Virginia Virginia Washington Washington Washington Washington Washington County or County-Equivalent Entity Name Dinwiddie County Goochland County Hanover County Henrico County King William County New Kent County Powhatan County Prince George County Sussex County Colonial Heights city Hopewell city Petersburg city Richmond city Staunton city Waynesboro city Benton County Clark County Cowlitz County Franklin County Skamania County 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 53 53 53 53 53 55 053 075 085 087 101 127 145 149 183 570 670 730 760 790 820 005 011 015 021 059 55 55 009 017 027 Wisconsin Wisconsin Wisconsin Brown County Chippewa County Dodge County 24580 20740 5500003 55 55 035 043 Wisconsin Wisconsin Eau Claire County Grant County 20740 5500003 55 047 Wisconsin Green Lake County 5500003 55 055 Wisconsin Jefferson County 5500003 55 55 55 059 061 065 Wisconsin Wisconsin Wisconsin Kenosha County Kewaunee County Lafayette County 16980 24580 5500003 55 077 Wisconsin Marquette County 5500003 55 55 55 55 55 079 083 089 093 103 Wisconsin Wisconsin Wisconsin Wisconsin Wisconsin Milwaukee County Oconto County Ozaukee County Pierce County Richland County 33340 24580 33340 33460 5500003 55 109 Wisconsin St. Croix County 33460 Green Bay, WI Eau Claire, WI South Central Wisconsin nonmetropolitan area Eau Claire, WI South Central Wisconsin nonmetropolitan area South Central Wisconsin nonmetropolitan area South Central Wisconsin nonmetropolitan area Chicago-Naperville-Elgin, IL-IN-WI Green Bay, WI South Central Wisconsin nonmetropolitan area South Central Wisconsin nonmetropolitan area Milwaukee-Waukesha-West Allis, WI Green Bay, WI Milwaukee-Waukesha-West Allis, WI Minneapolis-St. Paul-Bloomington, MN-WI South Central Wisconsin nonmetropolitan area Minneapolis-St. Paul-Bloomington, MN-WI Bulletin No. 2024–16 891 Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Richmond, VA Staunton-Waynesboro, VA Staunton-Waynesboro, VA Kennewick-Richland, WA Portland-Vancouver-Hillsboro, OR-WA Longview, WA Kennewick-Richland, WA Portland-Vancouver-Hillsboro, OR-WA April 15, 2024 State FIPS Code County FIPS Code State Name 55 111 Wisconsin County or County-Equivalent Entity Name Sauk County 55 127 Wisconsin Walworth County 55 55 55 131 133 135 Wisconsin Wisconsin Wisconsin Washington County Waukesha County Waupaca County 55 137 Wisconsin Waushara County April 15, 2024 892 MSA or MSA or non-MSA Name non-MSA Code 5500003 South Central Wisconsin nonmetropolitan area 5500003 South Central Wisconsin nonmetropolitan area 33340 Milwaukee-Waukesha-West Allis, WI 33340 Milwaukee-Waukesha-West Allis, WI 5500003 South Central Wisconsin nonmetropolitan area 5500003 South Central Wisconsin nonmetropolitan area Bulletin No. 2024–16 Appendix 2: Additional MSAs and non-MSAs that qualify as energy communities in 2023 by meeting the Fossil Fuel Employment threshold and the unemployment rate requirement for calendar year 2022 that were not included in Appendix 2 to Notice 2023-47 State FIPS Code County FIPS Code State Name Arizona Arizona Arizona Arkansas Arkansas Arkansas Arkansas Arkansas Arkansas California County or County-Equivalent Entity Name Cochise County Coconino County Pima County Cleveland County Garland County Jefferson County Lincoln County Little River County Miller County Alpine County MSA or non- MSA Code 43420 22380 46060 38220 26300 38220 38220 45500 45500 600006 04 04 04 05 05 05 05 05 05 06 003 005 019 025 051 069 079 081 091 003 06 005 California Amador County 600006 06 009 California Calaveras County 600006 06 011 California Colusa County 600007 06 021 California Glenn County 600007 06 027 California Inyo County 600006 06 035 California Lassen County 600007 06 043 California Mariposa County 600006 06 049 California Modoc County 600007 06 051 California Mono County 600006 06 057 California Nevada County 600007 06 063 California Plumas County 600007 06 06 065 071 California California 40140 40140 06 091 California Riverside County San Bernardino County Sierra County 600007 06 093 California Siskiyou County 600007 06 103 California Tehama County 600007 Bulletin No. 2024–16 893 MSA or non-MSA Name Sierra Vista-Douglas, AZ Flagstaff, AZ Tucson, AZ Pine Bluff, AR Hot Springs, AR Pine Bluff, AR Pine Bluff, AR Texarkana, TX-AR Texarkana, TX-AR Eastern Sierra-Mother Lode Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area Eastern Sierra-Mother Lode Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area Riverside-San Bernardino-Ontario, CA Riverside-San Bernardino-Ontario, CA North Valley-Northern Mountains Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area North Valley-Northern Mountains Region of California nonmetropolitan area April 15, 2024 State FIPS Code County FIPS Code State Name 06 105 California County or County-Equivalent Entity Name Trinity County 06 06 107 109 California California Tulare County Tuolumne County 09 09 10 009 015 003 Connecticut Connecticut Delaware New Haven County Windham County New Castle County 17 17 17 17 17 17 17 17 17 17 17 17 17 17 011 015 031 037 043 063 085 089 091 093 097 099 103 111 Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Illinois Bureau County Carroll County Cook County DeKalb County DuPage County Grundy County Jo Daviess County Kane County Kankakee County Kendall County Lake County LaSalle County Lee County MSA or MSA or non-MSA Name non- MSA Code 600007 North Valley-Northern Mountains Region of California nonmetropolitan area 47300 Visalia-Porterville, CA 600006 Eastern Sierra-Mother Lode Region of California nonmetropolitan area 35300 New Haven-Milford, CT 49340 Worcester, MA-CT 37980 Philadelphia-Camden-Wilmington, PA-NJ-DE-MD 1700001 Northwest Illinois nonmetropolitan area 1700001 Northwest Illinois nonmetropolitan area 16980 Chicago-Naperville-Elgin, IL-IN-WI 16980 Chicago-Naperville-Elgin, IL-IN-WI 16980 Chicago-Naperville-Elgin, IL-IN-WI 16980 Chicago-Naperville-Elgin, IL-IN-WI 1700001 Northwest Illinois nonmetropolitan area 16980 Chicago-Naperville-Elgin, IL-IN-WI 28100 Kankakee, IL 16980 Chicago-Naperville-Elgin, IL-IN-WI 16980 Chicago-Naperville-Elgin, IL-IN-WI 1700001 Northwest Illinois nonmetropolitan area 1700001 Northwest Illinois nonmetropolitan area 17 17 17 17 17 17 18 18 18 18 21 21 21 24 115 141 155 177 195 197 073 089 111 127 093 123 163 015 Illinois Illinois Illinois Illinois Illinois Illinois Indiana Indiana Indiana Indiana Kentucky Kentucky Kentucky Maryland McHenry County Macon County Ogle County Putnam County Stephenson County Whiteside County Will County Jasper County Lake County Newton County Porter County Hardin County Larue County Meade County Cecil County 16980 19500 1700001 1700001 1700001 1700001 16980 16980 16980 16980 16980 21060 21060 21060 37980 25 25 25 25 25 001 003 007 011 019 Massachusetts Massachusetts Massachusetts Massachusetts Massachusetts Barnstable County Berkshire County Dukes County Franklin County Nantucket County 12700 38340 2500006 2500006 2500006 April 15, 2024 894 Chicago-Naperville-Elgin, IL-IN-WI Decatur, IL Northwest Illinois nonmetropolitan area Northwest Illinois nonmetropolitan area Northwest Illinois nonmetropolitan area Northwest Illinois nonmetropolitan area Chicago-Naperville-Elgin, IL-IN-WI Chicago-Naperville-Elgin, IL-IN-WI Chicago-Naperville-Elgin, IL-IN-WI Chicago-Naperville-Elgin, IL-IN-WI Chicago-Naperville-Elgin, IL-IN-WI Elizabethtown-Fort Knox, KY Elizabethtown-Fort Knox, KY Elizabethtown-Fort Knox, KY Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Barnstable Town, MA Pittsfield, MA Massachusetts nonmetropolitan area Massachusetts nonmetropolitan area Massachusetts nonmetropolitan area Bulletin No. 2024–16 State FIPS Code County FIPS Code State Name Massachusetts Michigan Michigan Michigan Michigan Michigan Michigan Michigan Nevada Nevada New Jersey New Jersey County or County-Equivalent Entity Name Worcester County Lapeer County Livingston County Macomb County Monroe County Oakland County St. Clair County Wayne County Clark County Carson City Atlantic County Burlington County MSA or non- MSA Code 49340 19820 19820 19820 33780 19820 19820 19820 29820 16180 12100 37980 25 26 26 26 26 26 26 26 32 32 34 34 027 087 093 099 115 125 147 163 003 510 001 005 34 007 New Jersey Camden County 37980 34 015 New Jersey Gloucester County 37980 34 033 New Jersey Salem County 37980 35 35 35 35 36 001 043 057 061 007 New Mexico New Mexico New Mexico New Mexico Bernalillo County Sandoval County Torrance County Valencia County 10740 10740 10740 10740 36 37 37 37 37 37 37 37 37 39 39 41 41 41 41 41 41 42 42 107 049 065 081 103 127 137 151 157 133 153 005 009 029 051 067 071 011 017 New York New York North Carolina North Carolina North Carolina North Carolina North Carolina North Carolina North Carolina North Carolina Ohio Ohio Oregon Oregon Oregon Oregon Oregon Oregon Pennsylvania Pennsylvania Broome County Tioga County Craven County Edgecombe County Guilford County Jones County Nash County Pamlico County Randolph County Rockingham County Portage County Summit County Clackamas County Columbia County Jackson County Multnomah County Washington County Yamhill County Berks County Bucks County 13780 13780 35100 40580 24660 35100 40580 35100 24660 24660 10420 10420 38900 38900 32780 38900 38900 38900 39740 37980 Bulletin No. 2024–16 895 MSA or non-MSA Name Worcester, MA-CT Detroit-Warren-Dearborn, MI Detroit-Warren-Dearborn, MI Detroit-Warren-Dearborn, MI Monroe, MI Detroit-Warren-Dearborn, MI Detroit-Warren-Dearborn, MI Detroit-Warren-Dearborn, MI Las Vegas-Henderson-Paradise, NV Carson City, NV Atlantic City-Hammonton, NJ Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Albuquerque, NM Albuquerque, NM Albuquerque, NM Albuquerque, NM Binghamton, NY Binghamton, NY New Bern, NC Rocky Mount, NC Greensboro-High Point, NC New Bern, NC Rocky Mount, NC New Bern, NC Greensboro-High Point, NC Greensboro-High Point, NC Akron, OH Akron, OH Portland-Vancouver-Hillsboro, OR-WA Portland-Vancouver-Hillsboro, OR-WA Medford, OR Portland-Vancouver-Hillsboro, OR-WA Portland-Vancouver-Hillsboro, OR-WA Portland-Vancouver-Hillsboro, OR-WA Reading, PA Philadelphia-Camden-Wilmington, PA-NJ-DE-MD April 15, 2024 State FIPS Code County FIPS Code State Name 42 029 Pennsylvania County or County-Equivalent Entity Name Chester County 42 42 42 42 037 041 043 045 Pennsylvania Pennsylvania Pennsylvania Pennsylvania Columbia County Cumberland County Dauphin County Delaware County 42 42 049 091 Pennsylvania Pennsylvania Erie County Montgomery County 42 42 42 093 099 101 Pennsylvania Pennsylvania Pennsylvania Montour County Perry County Philadelphia County 42 48 53 53 53 53 53 55 133 037 005 011 015 021 059 059 Pennsylvania Texas Washington Washington Washington Washington Washington Wisconsin York County Bowie County Benton County Clark County Cowlitz County Franklin County Skamania County Kenosha County April 15, 2024 896 MSA or MSA or non-MSA Name non- MSA Code 37980 Philadelphia-Camden-Wilmington, PA-NJ-DE-MD 14100 Bloomsburg-Berwick, PA 25420 Harrisburg-Carlisle, PA 25420 Harrisburg-Carlisle, PA 37980 Philadelphia-Camden-Wilmington, PA-NJ-DE-MD 21500 Erie, PA 37980 Philadelphia-Camden-Wilmington, PA-NJ-DE-MD 14100 Bloomsburg-Berwick, PA 25420 Harrisburg-Carlisle, PA 37980 Philadelphia-Camden-Wilmington, PA-NJ-DE-MD 49620 York-Hanover, PA 45500 Texarkana, TX-AR 28420 Kennewick-Richland, WA 38900 Portland-Vancouver-Hillsboro, OR-WA 31020 Longview, WA 28420 Kennewick-Richland, WA 38900 Portland-Vancouver-Hillsboro, OR-WA 16980 Chicago-Naperville-Elgin, IL-IN-WI Bulletin No. 2024–16 Qualified Student Loan and Qualified Mortgage Bonds Notice 2024-32 SECTION 1. PURPOSE This notice provides guidance regarding qualified student loan bonds under § 144(b) of the Internal Revenue Code (Code)1 to clarify certain requirements for tax-exempt bond financing for loan programs of general application approved by a State under § 144(b)(1)(B) (State Supplemental Loan programs). Specifically, this notice addresses eligibility of borrowers of loans through State Supplemental Loan programs and the loan size limitation for State Supplemental Loans. This notice also provides guidance regarding whether an issue of State or local bonds the proceeds of which are used to finance or refinance qualified student loans (as defined in § 1.150-1(b)) or to finance qualified mortgage loans (as defined in § 1.150-1(b)) is a refunding issue. SECTION 2. BACKGROUND Section 144(b)(1) defines a “qualified student loan bond” for which tax-exempt private activity bonds may be issued to mean any bond issued as part of an issue the applicable percentage or more of the net proceeds of which are to be used directly or indirectly to make or finance student loans (that is, loans to pay the costs of postsecondary education) under two types of loan programs. The first type of loan program, described in § 144(b)(1)(A), is the Federal Family Education Loan Program (FFELP) under the Higher Education Act of 1965, Pub. L. No. 89-329, 79 Stat. 1219 (Higher Education Act), under which education loans are indirectly Federally guaranteed. The FFELP loans that are eligible for tax-exempt bond financing under § 144(b)(1)(A) include, among other types of loans, loans made to parents of undergraduate students under the program known as the “PLUS” loan program. H.R. 1 Conf. Rep. No. 99-841, at II-712 (1986); Sen. Rep. No. 99-313, at 842 (1986). The FFELP guarantee authority extends only to loans originated before July 1, 2010, and was discontinued for loans originated on or after that date. Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, § 2201, 124 Stat. 1029, 1074 (2010). The second type of loan program, described in § 144(b)(1)(B), is for State Supplemental Loans. Section 144(b)(1) (B) describes a State Supplemental Loan program as a program of general application approved by the State if no loan under such program exceeds the difference between (1) the total cost of attendance and (2) subject to certain stated exceptions, the other forms of student assistance for which the student borrower may be eligible. A program is not treated as described in § 144(b)(1)(B) if such program is described in § 144(b)(1)(A). .01 Eligible borrower. Notice 2015-78, 2015-48 I.R.B. 690, provides guidance regarding qualified student loan bonds, including the use of the proceeds of these bonds to make loans that refinance qualified student loans (refinancing loans). Section 3.1 of Notice 2015-78 provides that an eligible borrower of an original loan under a State Supplemental Loan program is a student (with or without a co-obligor or guarantor) or a parent (with or without a co-obligor or guarantor) borrowing on behalf of a child who is a student. Section 3.1 of Notice 2015-78 further provides that an eligible borrower of a refinancing loan under a State Supplemental Loan program is the student or parent borrower of the original loan. The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) are aware of questions that have arisen as to whether, if the student was the original borrower, the parent of that student is an eligible borrower of a refinancing loan, and similarly, if the parent was the original borrower, whether the student on whose behalf the original loan was made is an eligible borrower of a refinancing loan. Section 4.01 of this notice clarifies that an eligible borrower of a refinancing loan includes either of these parties, regardless of which was the original borrower. .02 Loan size limitation. Notice 2015-78 also addresses the loan size limitation for a State Supplemental Loan. The amount of an original State Supplemental Loan must not exceed the difference between the total cost of attendance and other forms of student assistance for which the student may be eligible. Section 3.3 of Notice 2015-78 provides, for an original loan, that an issuer may rely on a certification of these amounts by the higher education institution at which the student is enrolled. For a refinancing loan, section 3.3 of Notice 2015-78 provides that (1) the original loan must have met the loan size limitation under § 144(b)(1)(B) and (2) the stated principal amount of the refinancing loan may not exceed the sum of the refinanced loan’s outstanding stated principal amount and any accrued but unpaid stated interest as of the date of the refinancing. The Treasury Department and IRS are aware of issuers’ questions about how to establish, for purposes of a refinancing loan, that the original loan met the loan size limitation under § 144(b)(1)(B) and issuers’ concerns regarding the attendant administrative burden. Refinancing loans generally are sought after the students have finished their educations, and several years may have passed since the higher education institutions provided the information needed to determine the original loan amounts. Often, however, the original loans were made under the FFELP, another loan program under Title IV of the Higher Education Act, a State Supplemental Loan program, or other student loan program subject to the same loan size limitation as in § 144(b)(1)(B) or a stricter one. Section 4.02 of this notice provides that original loans made under these programs will be treated as meeting the loan size limitation under § 144(b)(1)(B). Section 4.02 of this notice also provides issuers with sources that can be used to ascertain the amounts of (1) the original loan, (2) the student’s total cost of attendance, Unless otherwise specified, all “section” or “§” references are to sections of the Code or the Income Tax Regulations (26 CFR part 1). Bulletin No. 2024–16 897 April 15, 2024 and (3) other forms of student assistance for this purpose. .03 Refunding bonds. Section 1.150-1 provides definitions for all purposes of §§ 103 and 141 through 150, which are applicable to tax-exempt bonds. Section 1.150-1(d) (1) defines a “refunding issue” generally to mean an issue of obligations the proceeds of which are used to pay principal, interest, or redemption price on another issue, provided the obligor on both issues is the same person or a related party (as defined in § 1.150-1(b)). For this purpose, if proceeds are used to finance a purpose investment (as defined in § 1.148-1(b)), the obligor means the conduit borrower of the purpose investment rather than the actual issuer of the bonds, except that, for qualified mortgage loans, qualified student loans, and similar program investments (as defined in § 1.148-1(b)), the obligor does not include the ultimate recipients of the loans (for example, the homeowner or the student). Section 1.150-1(d)(2)(iii) provides, with one exception, that the actual issuer’s use of the proceeds of an issue that refunds a purpose investment determines whether that issue is also a refunding of the issue that originally financed the purpose investment. Section 1.150-1 does not provide a definition of “proceeds” for this purpose. Questions have arisen regarding the determination of whether an issue that is used to refinance qualified student loans is a refunding issue. Issuers are concerned that if the borrowers of the refinancing loans repay their original loans and the issuer then uses the funds to redeem the bonds that financed the original loans, the bonds might be treated as refunding bonds and, given that this redemption would frequently occur more than 90 days after the issuance of the bonds financing the refinancing loans, potentially treated as taxable advance refunding bonds. If this were the case, issuers would be prevented from issuing tax-exempt bonds to refinance the qualified student loans of their existing borrowers. Another question concerns whether the use of investment proceeds from the repayments of qualified student loans or qualified mortgage loans allocated to one issue to redeem bonds of another issue, a practice sometimes referred to as “cross-calling,” results in April 15, 2024 bonds of the former issue being treated as taxable advance refunding bonds. An issuer engaged in cross-calling first uses proceeds of the issue to make qualified student loans or qualified mortgage loans and then uses the repayments of the loans to redeem bonds, generally selecting bonds with the highest interest rates. Section 4.03 of this notice addresses these questions. SECTION 3. SCOPE Sections 4.01 and 4.02 of this notice apply for purposes of the requirements applicable to State Supplemental Loan programs financed with qualified student loan bonds under § 144(b). Section 4.03 of this notice applies to qualified student loan bonds under § 144(b) and qualified mortgage bonds under § 143. SECTION 4. APPLICATION .01 Eligible borrower. An eligible borrower of a refinancing loan under a State Supplemental Loan program includes the student or parent borrower of the original loan. An eligible borrower of a refinancing loan under a State Supplemental Loan program also includes a parent of the student borrower of an original loan (or a refinancing loan) and a child of a parent who borrowed an original loan (or a refinancing loan) on the child’s behalf. .02 Loan size limitation. (1) For purposes of establishing that the original loan to be refinanced met the loan size limitation under § 144(b)(1)(B), the original loan will be treated as having met the loan size limitation under § 144(b) (1)(B) if– (a) The original loan was made under a student loan program that applied the same loan size limitation as in § 144(b) (1)(B) or a stricter one during the period when the original loan was made; for example, the FFELP and other loan programs under Title IV of the Higher Education Act and State Supplemental Loan programs (as described in § 144(b) (1)(B)), whether or not financed with tax-exempt bonds; or (b) The previous lender, other holder, or loan servicer of the original loan certifies that the original loan amount did not 898 exceed the difference between the total cost of attendance and other forms of student assistance as reported on the original loan application. (2) In addition, to establish that the original loan to be refinanced met the loan size limitation under § 144(b)(1)(B), an issuer may rely on— (a) The amount of the original loan as stated on the promissory note for the original loan or as otherwise provided by the previous lender, other holder, or loan servicer of the original loan; and (b) The amounts of the student’s total cost of attendance and other forms of student assistance for the academic period for which the original loan was made— (i) As reported on the original loan application and provided by either (A) the previous lender, other holder, or loan servicer of the original loan; or (B) the educational institution the student attended for the academic period of the original loan, or (ii) As stated in the student’s financial aid award letter that is from the educational institution the student attended for the academic period and includes the amount of the original loan. .03 Refunding bonds. An issue is not a refunding issue to the extent that the actual issuer reasonably expects as of the issue date of the issue to use net proceeds of the issue within two years of the issue date to refinance one or more obligations that are qualified student loans. For purposes of determining whether an issue is a refunding issue, proceeds means any sales proceeds, investments proceeds, or transferred proceeds (all as defined in § 1.148-1(b)), except that proceeds does not include investment proceeds (or transferred proceeds allocable to investment proceeds) received from investing in a qualified student loan or a qualified mortgage loan. SECTION 5. EFFECT ON OTHER DOCUMENTS Sections 4.01 and 4.02 of this notice amplify Notice 2015-78. SECTION 6. EFFECTIVE DATE This notice applies to bonds sold on or after April 15, 2024. An issuer may apply Bulletin No. 2024–16 this notice to bonds sold before April 15, 2024. SECTION 7. DRAFTING INFORMATION The principal author of this notice is Johanna Som de Cerff of the Office of Associate Chief Counsel (Financial Institutions & Products). For further information regarding this notice contact Jason Deirmenjian or Johanna Som de Cerff at (202) 317-6980 (not a tollfree number). 26 CFR 601.201: Rulings and determination letters. Rev. Proc. 2024-19 SECTION 1. PURPOSE This revenue procedure provides the process under § 48(e) of the Internal Revenue Code (Code)1 to apply for an allocation of environmental justice solar and wind capacity limitation (Capacity Limitation) as part of the low-income communities bonus credit program (Program) for 2024 (2024 Program year). Solely with respect to the 2024 Program year, this revenue procedure supersedes Rev. Proc. 202327, 2023-35 I.R.B. 655, and provides important clarifying changes to the application, documentation, and lottery procedures that apply to the 2024 Program year. In addition, this revenue procedure describes how the Capacity Limitation for the 2024 Program year will be divided across the facility categories described in §§ 48(e)(2) (A)(iii) and 1.48(e)-1(b)(2), the Category 1 sub-reservations described in § 1.48(e)-1(i)(1), and the additional selection criteria application options described in § 1.48(e)-1(h). Receipt of an allocation increases the amount of an energy investment credit determined under § 48(a) (§ 48 credit) for the taxable year in which certain solar and wind-powered electricity generation facilities are placed in service. 1 SECTION 2. BACKGROUND .01 Section 13103 of Public Law 117–169, 136 Stat. 1818, 1921 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA), added new § 48(e) to the Code. Section 48(e) increases the amount of the § 48 credit with respect to eligible property that is part of a qualified solar or wind facility that is awarded an allocation of Capacity Limitation as part of the Program. The § 48 credit for a taxable year is generally calculated by multiplying the basis of each energy property placed in service during that taxable year by the energy percentage (as defined in § 48(a)(2)). Section 48(e) increases the § 48 credit by increasing the energy percentage used to calculate the amount of the § 48 credit (§ 48(e) Increase) in the case of qualified solar and wind facilities that receive an allocation of Capacity Limitation. .02 Section 48(e)(4) directs the Secretary of the Treasury or her delegate to establish a program, within 180 days of enactment of the IRA, to allocate amounts of Capacity Limitation to qualified solar and wind facilities. Notice 2023–17, 2023–10 I.R.B. 505, established the Program and provided definitions and other guidance related to the Program. On June 1, 2023, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) published in the Federal Register (88 FR 35791) a notice of proposed rulemaking (REG-11041223, 2023-26 I.R.B. 1098) under § 48(e) (Proposed Rules) relating to the Program. On August 15, 2023, Treasury Decision 9979 was published in the Federal Register (88 FR 55506) to adopt the Proposed Rules with modifications as final regulations codified at § 1.48(e)-1 (Final Regulations). .03 On August 28, 2023, the Treasury Department and the IRS published Rev. Proc. 2023-27, which provided guidance necessary to implement the Program for 2023 (2023 Program year), including the information an applicant must submit to apply for a Capacity Limitation allocation, the application review process, the manner of obtaining a Capacity Limitation allocation from the IRS, and the procedures and documentation requirements for reporting that a facility was placed in service. This revenue procedure supersedes Rev. Proc. 2023-27 solely with respect to the 2024 Program year and provides guidance necessary to implement the Program for the 2024 Program year. The procedures for the 2024 Program year provided in this revenue procedure generally follow those provided in Rev. Proc. 2023-27 with certain clarifying changes to the application and documentation requirements described in more detail in sections 3 through 13 of this revenue procedure. SECTION 3. CAPACITY LIMITATION AVAILABLE FOR ALLOCATION .01 The amount of Capacity Limitation for the 2024 Program year available for allocation through the application process provided in this revenue procedure is limited to the annual Capacity Limitation of 1.8 gigawatts of direct current capacity plus any unallocated Capacity Limitation carried over from the 2023 Program year. If any such Capacity Limitation from the 2023 Program year is carried over to the 2024 Program year, the Treasury Department and the IRS will announce the distribution of that Capacity Limitation. .02 As provided in § 1.48(e)-1(g), the annual Capacity Limitation available for allocation is divided across the four facility categories described in §§ 48(e) (2)(A)(iii) and 1.48(e)-1(b)(2). For the 2024 Program year, the Treasury Department and the IRS plan to distribute the annual Capacity Limitation of 1.8 gigawatts of direct current capacity as shown in Table 1. As described in § 1.48(e)-1(g), the Treasury Department and the IRS may later reallocate Capacity Limitation across facility categories in the event any category is oversubscribed or has excess capacity. Unless otherwise specified, all “section” or “§” references are to sections of the Code or the Income Tax Regulations (26 CFR part 1). Bulletin No. 2024–16 899 April 15, 2024 Table 1 Category 1: Located in a Low-Income Community Category 2: Located on Indian Land Category 3: Qualified Low-Income Residential Building Project Category 4: Qualified Low-Income Economic Benefit Project SECTION 4. CATEGORY 1 SUB-RESERVATIONS As provided in § 1.48(e)-1(i)(1), Category 1 Capacity Limitation is subdivided for each Program year, with a specific sub-reservation for eligible residential behind the meter (BTM) facilities. Accordingly, the 600 megawatts of Capacity Limitation for Category 1 facilities will be subdivided for facilities seeking a Category 1 allocation with 400 megawatts of Capacity Limitation reserved specifically for eligible residential BTM facilities described in § 1.48(e)-1(i)(2) (ii), including rooftop solar. The remaining 200 megawatts of Capacity Limitation distributed to Category 1 is available for applicants with front of the meter (FTM) facilities described in § 1.48(e)-1(i)(2) (iii) as well as non-residential BTM facilities that meet the requirements of § 1.48(e)-1(i)(2)(i). SECTION 5. APPLICATION .01 In general. An applicant (described in section 6 of this revenue procedure) must apply for an allocation of Capacity Limitation through Department of Energy’s (DOE) online Program portal system (Portal), available at https://eco.energy. gov/ejbonus/s/. The application must contain all information, documentation, and attestations specified in section 7 of this revenue procedure and any additional information required by DOE’s publicly available written procedures. .02 Selection of the appropriate category or sub-reservation. Applicants must submit applications for a particular facility category described in § 1.48(e)-1(b)(2) (that is, Category 1 Facility, Category 2 Facility, Category 3 Facility, or Category 4 Facility). If the applicant is applying in Category 1, the applicant must also select the appropriate Category 1 sub-reservation described in § 1.48(e)-1(i) (that is, eligible residential BTM or other facilities April 15, 2024 located in low-income communities). In addition, applicants must select the appropriate application option (for example, additional selection criteria, if applicable) within the facility category or Category 1 sub-reservation to which they are applying. DOE will not move applications to a different facility category or Category 1 sub-reservation. .03 One application for the 2024 Program year. Applicants may only submit one application per facility for the 2024 Program year. If, after submitting an application for a facility, the applicant decides that it would rather have the facility considered for an allocation under a different facility category or Category 1 sub-reservation, the applicant must withdraw the first application and submit a second application under the other facility category or Category 1 sub-reservation. If DOE identifies that an applicant has submitted more than one application for a facility (and the applicant has not withdrawn a previously submitted application(s)), any application submitted after the first submitted application will be considered a duplicate application and will be treated as withdrawn. .04 Opening and closing dates of 2024 Program year application period. The Treasury Department and the IRS will publicly announce the opening and closing dates for the 2024 Program year application period on DOE’s landing page for the Program (Program Homepage), available at https:// www.energy.gov/justice/low-incomecommunities-bonus-credit-program. DOE will not accept new application submissions for the 2024 Program year after 11:59 PM ET on the date the application period closes. SECTION 6. APPLICANT .01 In general. The owner of the solar or wind facility is the person who must apply for an allocation of Capacity Limitation. If the facility is determined to 900 600 megawatts 200 megawatts 200 megawatts 800 megawatts be eligible for an allocation, and there is Capacity Limitation available to allocate, the owner of the facility is the recipient of the allocation of Capacity Limitation. .02 Disregarded entities. If a qualified solar or wind facility is owned by an entity that is disregarded as separate from its owner for federal income tax purposes, the owner of the disregarded entity is the owner of the facility and is the applicant. .03 Partnerships and S corporations. If a qualified solar or wind facility is owned by a partnership or S corporation, then the partnership or S corporation, and not its partners or shareholders, is the owner of the facility and is the applicant. For unincorporated organizations that have made or will make an election under § 761(a) to be excluded from the application of subchapter K of chapter 1 of the Code (subchapter K), the organization, and not its members, is the applicant. SECTION 7. APPLICATION PROCESS .01 Registration in general. Applicants must register in the Portal before they can begin the application process. Potential applicants should follow DOE’s publicly available procedures to register in the Portal and to submit applications. To register, applicants must first create a login.gov account before accessing the Portal. After a login.gov account has been created, the user can register as the applicant in the Portal. See the Applicant User Guide, which can be found on the Program Homepage, for more information. Applications may be submitted only through the Portal. .02 Application Submission. The applicant must submit their application, including any required information, documentation, and attestations required by section 7 of this revenue procedure, under penalties of perjury. The person completing and submitting the application must have personal knowledge of the facts related to the application and be a per- Bulletin No. 2024–16 son who is legally authorized to (1) bind the applicant entity for federal income tax purposes, including providing, under penalties of perjury, the attestations under sections 7.06, 7.07, 7.08 and 10.02 of this revenue procedure; (2) communicate with DOE about the application prior to and after submission of the application; and (3) receive notifications, letters, and other communications from DOE and the IRS about the Program. For example, an application may be authorized by an officer of a corporation, a general partner of a state law partnership, a member-manager on behalf of a limited liability company, a trustee on behalf of a trust, or the proprietor in the case of a sole proprietorship. The person submitting the application must attest through the Portal that they have the requisite authority to legally bind the applicant with respect to federal income tax matters. .03 Applicant Information. The application must include the following identifying information of the applicant: (1) The name of the applicant; (2) The unique federal taxpayer identification number for the applicant. Unless a transfer request is reviewed and approved by the IRS or the unincorporated organization has made a § 761(a) election to be excluded from the application of subchap- Bulletin No. 2024–16 ter K (see section 13 of this revenue procedure), the taxpayer identification number of the applicant must match the taxpayer identification number of the taxpayer that will claim the energy percentage increase under § 48(e), or, in the case of a partnership or S corporation, the partnership or S corporation that owns the facility when it is placed in service; (3) The applicant’s address; (4) If the applicant is a subsidiary corporation of a consolidated group filing a consolidated federal income tax return, the legal name and federal taxpayer identification number of the parent corporation of the consolidated group; and (5) Any other information required by DOE’s publicly available written procedures. .04 Facility Information. (1) In general. The application requires the applicant to provide the information about the facility described in section 7.04(2) and 7.04(3) of this revenue procedure. (2) Facility maximum net output and nameplate capacity. (a) Wind facility. Applicants seeking an allocation for a wind facility must report the expected maximum net output of the facility defined as the nameplate capacity of the facility in alternating current. Wind 901 facilities selected for an allocation will be awarded an amount of Capacity Limitation in direct current that is equal to the facility’s reported nameplate capacity in alternating current. (b) Solar facility. Applicants seeking an allocation for a solar facility must report the expected maximum net output of the facility as measured in alternating current and the nameplate capacity of the facility in direct current. Solar facilities selected for an allocation will be awarded an amount of Capacity Limitation in direct current that is equal to the facility’s reported nameplate capacity in direct current. (3) Facility location. Applicants are required to report the location of the facility, including street address (if applicable) and coordinates (latitude and longitude). .05 Documentation. (1) In general. Applicants must submit the documentation specified in sections 7.05(2) and 7.05(3) of this revenue procedure with an application for an allocation of Capacity Limitation. An application is not complete and may be rejected if any required documentation is not included. (2) Facility documentation. As specified in Table 2, the following documents are required for each facility for which an application is submitted: April 15, 2024 Table 2 Document Requirement FTM2 One of the following documents, in its entirety, inclusive of any amendments, appendices, consumer disclosures, and schedules thereto, executed by each party4 on or before the date of application submission: 1) If the applicant will not execute a lease or a power purchase agreement (PPA) with respect to the facility, an executed contract for the installation of the facility owned by the applicant (for example, an engineering, procurement, and construction contract). For purposes of meeting this requirement, if the applicant will self-install the facility, the applicant must submit a contract to purchase the solar generation or wind generation equipment; 2) If the applicant will execute a lease with respect to the facility, an executed contract to lease the facility between the applicant (as the lessor) and the lessee; or 3) If the applicant will execute a PPA with respect to the facility, an executed power purchase agreement for the generation by the facility between the applicant and the offtaker of the electricity generated. A copy of the final, executed interconnection agreement, if applicable (see below). If the facility is located in a market where the interconnection agreement cannot be countersigned by the interconnecting utility prior to completion of construction or interconnection of the facility, the applicant must provide: 1) a copy of the interconnection agreement or offer signed by the applicant (or its agent), 2) a copy of the final completed interconnection screen/study, and 3) either a conditional approval letter from the interconnecting utility or an affidavit5 stating that, based on the interconnecting utility’s guidance, the facility’s interconnection agreement cannot be countersigned by the interconnecting utility and executed until after construction of the facility. If an interconnection agreement is not applicable to the facility (for example, due to utility ownership), the interconnection agreement requirement is satisfied by a final written decision from a Public Utility Commission, cooperative board, or other governing body with sufficient authority that financially authorizes the facility. (3) Facility category specific document. The application must include the No BTM3 <= 1 MW AC Yes BTM > 1 MW AC Yes Yes No Yes following documents for the applicable facility category: Table 3 Document Requirement Documentation demonstrating property will be installed on an eligible residential building. Draft Benefits Sharing Statement. Category 1 Category 2 Category 3 Category 4 No No Yes No No No Yes No As defined in § 1.48(e)-1(i)(2)(iii), for the purposes of the Program, a qualified solar or wind facility is front of the meter (FTM) if it is directly connected to a grid and its primary purpose is to provide electricity to one or more offsite locations via such grid or utility meters with which it does not have an electrical connection; alternatively, FTM is defined as a facility that is not BTM. For the purposes of Category 4, a qualified solar or wind facility is also FTM if 50 percent or more of its electricity generation on an annual basis is physically exported to the broader electricity grid. 3 As defined in § 1.48(e)-1(i)(2)(i), a qualified wind or solar facility is behind the meter (BTM) if (1) it is connected with an electrical connection between the facility and the panelboard or sub-panelboard of the site where the facility is located, (2) it is to be connected on the customer side of a utility service meter before it connects to a distribution or transmission system (that is, before it connects to the electricity grid), and its primary purpose is to provide electricity to the utility customer of the site where the facility is located. This also includes systems not connected to a grid and that may not have a utility service meter, and whose primary purpose is to serve the electricity demand of the owner of the site where the system is located. 4 If the applicant is not a party named in the contract, the applicant must provide with the applicable contract a statement explaining why the applicant is not named in the contract and the relationship between the appropriate entity named in the contract and the applicant—the latter of which must be the owner of the facility to be eligible to apply for an allocation of Capacity Limitation. 5 If an affidavit is provided, it must be signed by an individual with authority to bind the applicant. 2 April 15, 2024 902 Bulletin No. 2024–16 .06 Attestations. (1) In general. Each applicant must make the required attestations as specified in sections 7.06(2) and 7.06(3) of this revenue procedure. The attestations in sections 7.06(2) and 7.06(3) are included as part of the application in the Portal. An applicant will be unable to submit their application if any required attestations are not completed. (2) For all facilities. As specified below in Table 4, the following attestations are required for each facility for which an application is submitted: Table 4 Attestation Requirement FTM Yes BTM <= 1 MW AC No BTM > 1 MW AC No I attest that the qualifying facility has site control of the real property on which the facility will be installed and placed in service through ownership of the real property, an executed lease for the real property, or a site access agreement or similar agreement between the real property owner and the applicant. For a facility on lands under 25 U.S.C. 3501(2)(A)-(C) (Indian Land), I attest that I have obtained the applicable approval of the Tribal government or Alaska Native Corporation landowner. For a facility not on Indian Land, complete this attestation to attest that the facility is not on Indian Land. I attest that the qualifying facility has obtained all applicable federal, state, tribal, and local non-ministerial permits for the facility, or that the facility is not required to obtain such permits.5 I attest that when performing the activities that support this application, I was, or will be, in compliance with all relevant federal, state, and local laws, including consumer protection provisions, and safety obligations, and that the applicant did not and will not engage in any unfair or deceptive acts or practices. I attest that the qualified facility is sized, or that customer/offtaker subscriptions will be sized, to meet the customer’s energy needs, considering historical customer load and/or reasonable future load projections, and is in accordance with applicable state and local requirements. I attest that the proposed location of the facility has been determined suitable for installation. I attest that I reasonably believe the qualifying facility meets the statutory definition of a single “qualified solar and wind facility” (§ 48(e)(2)(A) and, if applicable, multiple solar or wind energy properties or facilities that are operated as part of a single project (consistent with the single-project factors provided in section 7.01(2)(a) of Notice 2018–59, 2018–28 I.R.B. 196 or section 4.04(2) of Notice 2013–29, 2013–20 I.R.B. 1085) are aggregated and treated as a single facility. I attest that the qualifying facility has not been placed in service at the time of this submission and will not be placed in service prior to being awarded an allocation of Capacity Limitation. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Non-ministerial permits are permits in which one or more officials or agencies consider various factors and exercise some discretion in deciding whether to issue or deny permits. This does not include ministerial permits based upon a determination that the request complies with established standards such as electrical or building permits. Non-ministerial permits typically come with conditions and usually require public notice or hearings. Examples of non-ministerial permits include local planning board authorization, conditional use permits, variances, and special orders. 6 Bulletin No. 2024–16 903 April 15, 2024 (3) Facility and category specific attestations. The application must include the following attestations for the applicable facility category: Table 5 Attestation Requirement Facility location is eligible.6 I attest that any end-use customer(s)/offtaker(s) of the qualifying facility have and/or will receive consumer disclosures informing them of their legal rights and protections prior to executing a contract to subscribe or purchase power from the facility or lease a facility. I attest that at least 50% of the qualifying facility’s total kW output will be assigned to qualified low-income households (defined under § 48(e)(2) (C)(i) or (ii)) at a minimum 20% bill credit discount rate, defined as the difference between the financial benefit provided to a Qualifying Household (including utility bill credits, reductions in a Qualifying Household’s electricity rate, or other monetary benefits accrued by the Qualifying Household on their utility bill) and the cost of participating in the program (including subscription payments for renewable energy and any other fees or charges), expressed as a percentage of the financial benefit provided to the low-income household. .07 Ownership Criteria documentation and attestation. In addition to the information, documentation, and attestations required above, any applicant purporting to meet the Additional Selection Criteria for Ownership Criteria, as described under § 1.48(e)-1(h)(2), must submit with their application the documentation specified below to demonstrate that they meet the Ownership Criteria. (1) Tribal Enterprise. An applicant claiming to be a Tribal Enterprise must provide proof of inclusion of its Indian Tribal government (Tribal government) owner on the current list of Tribal entities recognized and eligible for funding and services by the Bureau of Indian Affairs (BIA). (2) Alaska Native Corporation. An applicant claiming to be an Alaska Native Corporation (ANC) must provide a copy of the relevant portions of the ANC’s articles of incorporation and bylaws (and any relevant amendments), including the first page with the title of the document and, if applicable, the signature pages. (3) Renewable Energy Cooperative. An applicant that claims to be a Renew- Category 1 Yes Category 2 Yes Category 3 No Category 4 No Yes Yes Yes Yes No No No Yes able Energy Cooperative, as described under § 1.48(e)-1(h)(2)(v), must provide a copy of its articles of incorporation and bylaws. The applicant must highlight the relevant language in these documents that demonstrates the entity meets either the consumer/purchasing cooperative requirements under § 1.48(e)-1(h)(2)(v) (A) or is a worker cooperative controlled by its worker-members with each member having an equal voting right as described under § 1.48(e)-1(h)(2)(v)(B). (4) Qualified Renewable Energy Company. Applicants claiming to be a qualified renewable energy company (QREC), as described in § 1.48(e)-1(h)(2)(vi), must provide documentation to support each of the below requirements in a single package upload. (a) Statement of business purpose attestation. The applicant must submit the following attestation: “I declare that the business purpose of this organization is to serve low-income communities and provide pathways for the adoption of clean energy by low-income households, as required under § 1.48(e)-1(h)(2)(vi).” This attestation must be signed by the applicant and uploaded as an Additional Selection Criteria Ownership Criteria document in the Portal. (b) At least 51 percent ownership requirement. The applicant must provide documentation which demonstrates that the applicant entity meets the at least 51 percent ownership requirements under § 1.48(e)-1(h)(2)(vi)(A)-(F). (i) For applicants whose equity interests are at least 51 percent owned and controlled by one or more individuals, the applicant must provide a list of all individuals with an equity interest in the entity and specify for each individual the percentage of their ownership interest in the applicant entity. (ii) For applicants whose equity interests are at least 51 percent owned and controlled by a Community Development Corporation (CDC), the applicant must submit (1) a copy of the award letter, or other communication, from the Department of Housing and Urban Development (HUD) demonstrating that the CDC which owns and controls the applicant has received financial assistance under HUD’s Urban and Rural Special Impact Programs For Category 1, the applicant must attest that the facility will be located in a low-income community, as defined in the Final Regulations for the Program, specifically § 1.48(e)-1. A map that captures applicable census tracts will be available in DOE’s publicly available written procedures to assist applicants. For Category 2, the applicant must attest that the facility will be located on Indian Land as defined in § 2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)). 7 April 15, 2024 904 Bulletin No. 2024–16 (42 U.S.C. 9806); and (2) documentation showing the CDC owns and controls the applicant entity. (iii) For applicants whose equity interests are at least 51 percent owned and controlled by an agricultural or horticultural cooperative, documentation demonstrating that the applicant entity is at last 51 percent owned and controlled by an agricultural or horticultural cooperative, (iv) For applicants whose equity interests are at least 51 percent owned and controlled by a Tribal government, the applicant entity must provide (1) documentation that its Tribal government owner is on the current list of Tribal entities recognized and eligible for funding and services by the BIA; and (2) documentation showing the Tribal government owns and controls the applicant entity. (v) For applicants whose equity interests are at least 51 percent owned and controlled by an ANC, the applicant must provide (1) a copy of the ANC’s Articles of Incorporation and bylaws (including any amendments); and (2) documentation showing the ANC owns and controls the applicant entity. (vi) For applicants whose equity interests are at least 51 percent owned and controlled by a Native Hawaiian organization (NHO), the applicant must provide (1) documentation which demonstrates the legal status of the NHO; and (2) documentation showing the NHO owns and controls the applicant entity. (c) Employment and gross receipts. The applicant entity must provide documentation that demonstrates it meets the employment and gross receipts requirements under § 1.48(e)-1(h)(2)(vi)(G). To demonstrate this, the applicant entity must provide the following documentation: (i) A list of all current employees of the applicant, indicating the number of fulltime and full-time equivalent employees, as provided in § 1.48(e)-1(h)(2)(vi)(G). (ii) A copy of a federal tax filing for the previous tax year listing the applicant entity’s gross receipts. (iii) Either a statement providing that the applicant does not have any affiliates or, if the applicant has affiliates, a summary list of each affiliate entity of the 8 applicant and a list of all current employees of affiliates, indicating the number of full-time and full-time equivalent employees, as provided in § 1.48(e)-1(h)(2)(vi) (G), and a list of affiliate entity gross receipts from the previous taxable year, broken down by each affiliate entity. (d) Installation, operation, or services requirement. The applicant entity must provide documentation to demonstrate the applicant meets the requirements of § 1.48(e)-1(h)(2)(vi)(H) or (I). (i) To demonstrate that the applicant meets the requirements of § 1.48(e)-1(h) (2)(vi)(H), the applicant must provide (1) documentation indicating the QREC has been in existence and operating for at least two years; and (2) an executed (by each party) contract, in its entirety (including any amendments, appendices, consumer disclosures, and schedules, and dated at least two years prior to the date of application to this Program), to install and/or operate a qualified facility as defined in § 48(e)(2)(A). (ii) To demonstrate that the applicant meets the requirements of § 1.48(e)-1(h) (2)(vi)(I), the applicant must provide a list of all qualified solar or wind facilities, as defined in § 48(e)(2)(A), to which the applicant has provided services in eligible low-income communities, the geographic coordinates of each facility, and the nameplate capacity of each facility. For any selection of the facilities in the list which cumulatively amount to at least 100 kW in nameplate capacity, the applicant must provide executed contracts (in their entirety, inclusive of any amendments, appendices, consumer disclosures, and schedules) to install and/or operate the facility. (5) Qualified tax-exempt entity. An applicant claiming to be a qualified tax-exempt entity described in § 1.48(e)-1(h)(2) (vii) must provide documentation supporting its claim as described below. (a) An applicant claiming to be described in § 501(c)(3), § 501(c)(12), or § 501(d) must provide the following: (i) If its exempt status is currently recognized by the IRS, proof of listing in IRS Pub. 78, Cumulative List of Organizations Described in § 170(c) (see the “Tax Exempt Organization Search” page on the IRS website), or in the Exempt Organizations Business Master File Extract (also available on the IRS website), such as a screenshot within the last 30 days, or, if issued within the last 12 months, a copy of its IRS determination letter or a letter from the IRS affirming its exempt status. See Pub. 4573, Group Exemptions, for information on group exemptions and returns. (ii) If its exempt status has never been recognized by the IRS, a copy of its annual information return or notice under § 6033 filed within the last two years (if it has so filed). Section 501(c)(3) and 501(c) (12) organizations file a Form 990-series return or notice such as Form 990, Return of Organization Exempt from Tax. Section 501(d) organizations file Form 1065, U.S. Return of Partnership Income. (iii) If an applicant’s exempt status has never been recognized by the IRS and it has not filed an annual information return or notice within the last two years, the applicant must provide other documentation demonstrating that it is described in § 501(c)(3), § 501(c)(12), or § 501(d) (such as its governing documents) and demonstrating that it is currently excepted from, or otherwise in compliance with, its exemption application requirements and information return filing requirements, unless it is a church or a convention or association of churches described in § 170(b)(1)(A)(i), in which case it may submit the following attestation, uploaded by the applicant in the Portal, signed by a person authorized to bind the entity: “Solely for purposes of the § 48(e) credit, I certify that Entity is a church or a convention or association of churches described in § 170(b)(1)(A)(i). I further certify that I am an officer of the Entity and that I am duly authorized to sign this statement on behalf of the Entity.” (iv) An applicant described in § 501(c) (12) must also demonstrate that it is a corporation that operates on a cooperative basis and explain, in a statement uploaded by the applicant in the Portal, the extent to which it is engaged in furnishing electric energy to persons in rural areas. (b) An applicant claiming to be a State, the District of Columbia, a Tribal government (as defined in § 30D(g)(9)8), a politi- For a general discussion of Tribal governments and their subdivisions, see Section 5.12 of Rev. Proc. 2024-1, 2024-1 IRB 1, and § 7871. Bulletin No. 2024–16 905 April 15, 2024 cal subdivision of any of the foregoing,9 or an agency or instrumentality of any of the foregoing,10 must provide the following: (i) A private letter ruling issued by the IRS ruling on its status, if any, or (ii) An attestation signed under penalties of perjury, by a person authorized to bind the applicant, certifying that, to the best of the person’s knowledge and belief, that the entity is a State, the District of Columbia, a Tribal government, a political subdivision of any of the foregoing, or an agency or instrumentality of any of the foregoing, and acknowledging that this representation is not for the purpose of examination or inspection within the meaning of IRC § 7605(b). The attestation must be uploaded as part of the application in the Portal by the applicant. In addition to the acknowledgment described above, the attestation must include the following statement: “Solely for purposes of the § 48(e) credit, the applicant qualifies as a [insert the entity type as described above in this section].” (iii) In the case of an applicant claiming to be a Tribal government, a subdivision of a Tribal government, or an agency or instrumentality of any of the foregoing, proof that the Tribe is on the current list of Tribal entities recognized and eligible for funding and services published by the BIA, available on the BIA website. (6) Qualifying entity in a partnership. If an applicant does not itself meet the Ownership Criteria described in § 1.48(e)-1(h) (2), but the applicant is an entity treated as a partnership for federal income tax purposes, and an entity described in § 1.48(e)-1(h)(2) and section 7.07 of this revenue procedure (that is, an entity that meets the Ownership Criteria) owns at least a one percent interest (either directly or indirectly) in each material item of partnership income, gain, loss, deduction, and credit and is a managing member or general partner (or similar title) under State law of the partnership (or directly owns 100 percent of the equity interests in the managing member or general partner) at all times during the existence of the partnership, the qualified solar or wind facility owned by the applicant will be deemed to meet the Ownership Criteria. In addition to providing the documentation described in section 7.07 of this revenue procedure with respect to the relevant partner meeting the requirements of § 1.48(e)-1(h)(2) (that is, the partner which the applicant is claiming meets the Ownership Criteria), the applicant must also submit documentation to demonstrate that the requirements described in § 1.48(e)-1(h)(2)(ii) (B) are satisfied if the applicant is claiming to meet the Ownership Criteria based on this provision. .08 Geographic Criteria attestation. If the applicant claims that it meets the Additional Selection Criteria for Geographic Criteria described in § 1.48(e)-1(h)(3) with respect to Categories 1, 3, or 4, it must provide an attestation that the qualifying facility will be located in a Persistent Poverty County (PPC) or in a census tract that is designated as disadvantaged in the Climate and Economic Justice Screening Tool (CEJST) as defined in § 1.48(e)-1(h) (3).11 SECTION 8. REVIEW AND SELECTION PROCESS .01 In general. DOE will review applications for the Program and provide a recommendation to the IRS regarding whether to award an applicant an amount of Capacity Limitation with respect to a facility. Based on DOE’s recommendation, the IRS will award the applicant a Capacity Limitation allocation or reject the application. .02 Order of application review and recommendation for allocation. (1) First 30 days. When the application period opens for the 2024 Program year, there will be a 30-day period during which applications will initially be accepted for each facility category. All applications submitted within the first 30-days will be treated as submitted on the same date and at the same time. DOE will publicly announce on the Program Homepage the opening and closing dates of the 30-day period. All applications submitted by 11:59 PM ET on the closing date will be considered submitted during the initial 30-day period. Refer to section 8.02(3) of this revenue procedure for information regarding the lottery for applications submitted during the first 30 days in oversubscribed facility categories or Category 1 sub-reservations. (2) Applications submitted after the 30-day period. Following the 30-day period, DOE will continue to accept applications until the close of the 2024 Program year application period. Provided there is remaining Capacity Limitation in a facility category or Category 1 sub-reservation, DOE will review applications submitted in those facility categories or Category 1 sub-reservation after the 30-day period. Within each facility category or Category 1 sub-reservation, DOE will make recommendations for an allocation of Capacity Limitation with respect to applications submitted after the close of the 30-day perio [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Airs%3A434a6d29072ddc39. Public record. Not legal advice.