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2010 Orientation for State WAP Directors and Staff
Jean Diggs, Eric Bell, Greg Reamy, Michael Peterson, and Holly Ravesloot
Review of WAP Regulations and Program Guidance Documents
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Agenda DOE Legislation, Regulations, Grant Guidance, Weatherization
Program Notices (WPN)
Weatherization Assistance Program Administrative Requirements Weatherization Assistance Program Technical Requirements
Flexibility
Bottom Line
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Weatherization is a categorical formula grant program administered by DOE under a regulatory framework laid out in 10 CFR Part 440.
Authority for the Program resides in Title 42 Public Health and Welfare U.S.C. 6861 and 7101.
Program was reauthorized under Title 1, Section 122 of the Energy Policy Act of 2005.
Energy Independence and Security Act of 2007 reauthorized the Program and expanded the definition of “State” to include U.S. Territories and also established the Sustainable Energy Resources for Consumer Grants.
American Reinvestment and Recovery Act of 2009, signed February 17, 2009, made significant changes to the Program.
Weatherization Program Legislation
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Appropriates $5.0 billion to Weatherization and will make a significant deposit on President Obama’s intent to weatherize 1 million homes. The Law also provides the following significant changes to the Program:– Increases Training and Technical Allowance to 20% of
appropriation (up from 10%)– Increases income eligibility from 150% to 200% of poverty– Raises per unit expenditure from $2500 (indexed) to $6500
American Reinvestment and Recovery Act of 2009
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Department of EnergyHeadquarters and
Project Management Center
50 State Energy Offices, The District of Columbia,
Native American Tribal Organizations, and U.S. Territories
Low-income Americans
Over 900 Local Agencies
The Team Approach
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DOE provides core program funding and infrastructure for low-income energy efficiency making it the largest residential energy efficiency program in the nation.
Grantees contract with local agencies to deliver services to single-family, multi-family, and mobile homes
Grantees can also leverage funds from utilities and other sources.
Program Funding
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Administrative Requirements
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10 CFR 440.14 Developed by State Public Hearing required – 10 day notice Annual File On-File Information
State Plans
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Limited to 10% (440.18(d))*
No more than 5% for the State*
At least 5% to subgrantees*
Local agencies with grants at or below $350K may receive up to an additional 5%
Additional flexibility offered by previous memorandum issued by DOE
Administrative Costs
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10 CFR 440.17 Responsible for advising the Grantee on Weatherization
Program Composition of the PAC – Broadly Representative
• Low-income• Elderly• Disabled• Native Americans• Geographical Areas
PAC’s have “preference” over state councils or commissions Grantees may use “council or commission”
Policy Advisory Council
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10 CFR 440.22 (a)
American Recovery and Reinvestment Act – revised DOE’s income eligibility guideline to up to 200% of poverty
May also use LIHEAP guideline
Recipient of cash assistance payment under Title IV or XVI of the Social Security Act is an automatic qualifier
State selected criteria must be used state-wide
Multi-Family HUD Eligibility
Determining Eligibility and Defining Income
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10 CFR 440.16(b) (1-5)
Elderly
Persons with disabilities
Families with children
High energy burden
High residential energy use
Determining Priority Service
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10 CFR 440.18(e)(2)(i-iii)
Date moved from September 30, 1985 to September 30, 1994 – Change Made in the American Recovery and Reinvestment Act
Homes weatherized prior to 1994 did not use advanced audits
Reweatherization
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10 CFR 440.22 (b) (2) (i-ii)
66% of units must be income eligible
50% of units must be income eligible for duplex, 4-unit, and certain large multi-family buildings. – Certain Large Multifamily criteria should take into
consideration size, leveraged resources, significant energy efficiency improvements
HUD/DOE Final Rule
Multi-family Eligibility
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10 CFR 440.22 (b) (3) – Benefits accrue to low-income tenants– Rent will not be increased as a result of WX– Complaint procedures in place – No undue excessive enhancement to property
DOE encourages discussion of the rental plan as a part of public hearing
Rental Requirements
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Immigration and Nationalization Act (INA) as amended made certain legalized aliens temporarily ineligible for WAP.
No final rule issued and provisions of law have expired.
DOE to follow HHS on definitions.
DOE providers are not required to verify citizenship.
HHS memorandum LIHEAP IM 98-25 & 99-10
WPN 10-1 Section 5.1 (web-link)
Legalized Aliens
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10 CFR 440.18(b)(6)
Still part of Average Cost Per Home (ACPH)
Includes equipment purchase over $5,000
PMC Project Manager approves
State & local agencies may amortize cost over the life of the vehicle
For additional details refer to WPN 09-1B section 5.15 in the ARRA Grant Guidance
Vehicle & Equipment Purchase
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Davis-Bacon Act
http://apps1.eere.energy.gov/weatherization/recovery_act.cfm
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Technical Requirements
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Section 10 CFR 440.21 provides criteria for minimum energy audit standards
All energy audits & priority lists must be revalidated every 5 years
Energy Audit requirements are defined in WPN 01-4 Revised Weatherization Program Energy Audit Approval Procedures
Energy Audit Criteria
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NEAT (RI)HomeCheck
(CT)
AKWarm(AK)
NEAT, TREAT(WA)
REM/Rate(OR)
NEAT(CA)
REM/Rate(NV)
REM/Rate(AZ)
HI
NEAT(NM)
NEAT, TAP(CO)
NEAT(UT)
NEAT(WY)
EA-3(ID)
MontanaComputerizedEnergy Audit
(MT)
WXEOR(ND)
NEAT(SD)
NEAT(NE)
REM/Rate (KS)
NEAT(OK)
EASY(TX)
(LA)
NEAT(AR)
NEAT(MN) NEAT
(WI)
WHEA(IL)
NEAT(MS)
NEAT(IA)
NEAT(MO)
NEAT(MI)
NEAT(IN)
NEAT (KY)
NEAT (TN)
NEAT(AL)
NEAT(OH)
NEAT(GA)
NEAT(FL)
NEAT(NC)
NEAT(PA)
TIPS, TREAT (NY)
NEAT(SC)
NEAT(VA)
Meadow 96(ME)
NEAT(VT)
NEAT(NH)
NEAT(MA)
EA-QUIP(NJ)
NEAT (DC)
NEAT(MD)
NEAT(WV)
NEAT (DE)
Does not use audit
NEAT
Single-Family Energy Audit ToolsUsed by the Weatherization Network
Updated 2/1/2010
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AK
WA
OR
CANV
AZ NM
COUT
WYID
MT ND
SD
NE
KS
OK
TX LA
AR
MNWI
MI
IL INOH
KYTN
MS AL GA
FL
NC
PANY
MEVTNH
MARICT
NJDE
DC
HI
IA
MO
SC
VAWV MD
States That Use A Priority List*As Part of Their Energy Audit Procedures
For Single-Family Homes
• A priority list is a list of weatherization measures that analysis has shown to be cost-effective for typical housing stock.
Priority list used to select measures on typical housing stock
Computerized energy audit used on every house weatherized
Updated 02/01/10
Priority List:American SamoaGuamNorthern Mariana IslandsPuerto RicoU.S. Virgin Islands
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Introduced new term to regulations (10 CFR 440.3, Definitions and Appendix A)
Compact Fluorescent Lights (CFL)
Included replacement refrigerators refer to the toolkit located at www.waptac.org
Fuel switching for water heaters and furnaces is reviewed on a case by case basis
Reference Annual Guidance section 5.18
Electric Baseload Measures (EBL)
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10 CFR 440.21 (c) Primary goal of Program remains “energy efficiency” Energy-related health & safety measures are allowable – as
part of H&S Plan WPN 02-5 Plan includes at a minimum 5 sections:
Grantee Health and Safety Crew/Contractor Health and Safety Client Health and Safety Potential Hazard Considerations Deferral Standards
Strengthened H&S Plan WPN 08-6 Separate line item and not part of the average cost per home
limitation
Health & Safety
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DOE WAP’s legislative purpose is to install energy efficiency measures
DOE funds may be used to mitigate DOE WAP funds may NOT be used for abatement, stabilization,
or control of lead-based paint hazard Weatherization activities in a safe manner – Lead-Safe
Weatherization (LSW) On April 22, 2008 Weatherization was identified as an activity
under EPA’s Lead Renovation, Repair, and Painting Program (LRRPP) – LRRPP becomes effective April 22, 2010.
Lead Paint
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Pollution Occurrence Insurance (POI) generally not included in regular liability insurance coverage – POI is not required, but is strongly encouraged
WX is NOT a renovation, remodeling, or rehabilitation program – may be subject to other agencies’ rules
WPN 02-6, WPN 08-6, WPN 09-6 – other federal agencies regulations
Lead Paint (Continued)
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Mold Awareness
Good weatherization practices can alleviate most conditions
DOE funds should NOT be used to test or remediate mold
Referral or walk-away policy
Health & Safety Plans must include:– Mold protocol/checklist– Mold training plan on awareness of hazards– Notification/disclaimer to the client or landlord about the
presence of mold
Mold and Moisture
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Legislative and regulatory change
Section 206 of EPACT 2005 Adds renewable energy system definitions Defining and evaluating acceptable technologies and
systems for use in weatherization: www.wapsirtt.org
Direct Final Rule in Federal Register
Annual Guidance section 5.6
Renewable and Bio-based Measures
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Flexibility
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Grantees MAY use up to 15% of their DOE grant to leverage non-federal additional resources
In the Annual State Plan Grantees must describe leveraging activities in detail and indicate how additional units leveraged will be reported
Aim is a minimum dollar for dollar return
Leveraging is not considered program income; however, program income is a form of leveraging
Leveraging
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10 CFR 440.14(c)(xiv): The State Plan must describe “The amount of Federal funds and how they will be used to increase the amount of weatherization assistance that the State obtains from non-federal sources, including private sources, and the expected leveraging effect to be accomplished.”
Leveraging is….any non-Federal resources (other than funds earned under program income) which are used to supplement the program or are used to run a parallel program (regardless of who initiates the action) and expands energy efficiency services and/or increases the number of dwelling units completed for Weatherization eligible clients.
Leveraging (continued)
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State & Local Governments-10 CFR 600.225
Non-Profit Organizations-10 CFR 600.124
Program Income is…gross income generated by a grant-supported activity; it is earned only as a result of the grant agreement during the grant period
Vehicles and Equipment used for non-DOE Weatherization purposes must be appropriately reimbursed back to the program
This does not include landlord contributions
Program Income
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DOE Weatherization can be a play a limited role
Declared by a Presidential or Gubernatorial order
State lead agency on disaster relief should develop plan
PMC approves plans
Reference WPN 08-5
Disaster Relief
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Energy crisis is determined by:– Release of LIHEAP Emergency Funds – Sharp increases in energy prices– Energy shortages– Disruptions to fuel supplies
Crisis generally will involve three components:– Crisis itself– Short term– Long term
Reference WPN 01-7
Energy Crisis Relief
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A dwelling unit on which a DOE-approved energy audit or priority list has been applied and weatherization work has been completed. As funds allow, the appropriate measures installed on this unit have an SIR of 1.0 or greater, but also may include any necessary energy-related health and safety measures. The use of DOE funds on this unit may include but are not limited to auditing, testing, measure installation, inspection and/or administration.
A DOE Weatherized Unit is:
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Reporting a DOE Completed Unit
A dwelling unit that meets the definition of a DOE weatherized unit must be counted as a DOE completed unit.
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“Before any work was done, my electric bill for the previous month was $200.33...(After Weatherization) my current bill is only $105.68...I
am a mother of three children, one of which is enrolled in your HomeBase Head Start Program. One hundred dollars may not
seem like a lot to most, but for me and my family, that is an extra $100 we can use in other areas.”
– Recipient of Weatherization services in Oklahoma
Bottom Line …
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Contact your PMC Project Manager or Refer to the follow Websites:– Weatherization Assistance Program Website
• https://www.eere.energy.gov/weatherization/– PMC Website
• https://www.eere-pmc.energy.gov/– WAPTAC Website
• http://www.waptac.org– Weatherization Plus Website
• http://www.weatherizationplus.org– Oak Ridge National Lab Website
• http://weatherization.ornl.gov
More HELP and RESOURCES