USDA signals intent to issue rulemaking on HBIIP

December 12, 2023

BY Erin Voegele

The USDA’s Rural Business-Cooperative Service in mid-2024 is expected propose a rule to codify the policies and procedures for the Higher Blends Infrastructure Incentive Program, according to information released by the White House Office of Management and Budget. 

The OMB on Dec. 6 published its Fall 2023 United Agenda of Regulatory and Deregulatory Actions. Within that agenda, the USDA RBCS has signaled its intent to propose a rule to codify the policies and procedures for the HBIIP in the Code of Federal Regulations, noting that the HBIIP has a significant impact on climate change, which is an administration priority. According to the agency, the proposed rule is intended to seek comment on codification of existing authorities provided through statutory language on eligibility requirements, types and terms of funding, program requirements and processing procedures. 

As part of the rulemaking, RBCS said it intends to conduct public engagement to hear from stakeholders and potential applicants about what they would like to see in the regulation as well as what has worked and what has not worked in the past. The agency noted the HBIIP has been implanted for several years, so the public should have some input on what has worked and what has not worked in the past. The public engagement efforts will seek input from both those who have applied to HBIIP in the past and those that did not. The agency aims to gather information on why those parties opted not to apply to the program and determine if it can do anything to encourage new applicants. 

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The USDA currently expects to issue a proposed rule in June 2024. Additional information is available on the OBM website.

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