2010 Orientation for State WAP Directors and Staff

1 | Weatherization Assistance Program eere.energy.gov

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


Agenda DOE Legislation, Regulations, Grant Guidance, Weatherization

Program Notices (WPN)

Weatherization Assistance Program Administrative Requirements Weatherization Assistance Program Technical Requirements

Flexibility

Bottom Line


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


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


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


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


Administrative Requirements


10 CFR 440.14 Developed by State Public Hearing required – 10 day notice Annual File On-File Information

State Plans


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


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


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


10 CFR 440.16(b) (1-5)

Elderly

Persons with disabilities

Families with children

High energy burden

High residential energy use

Determining Priority Service


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


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


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


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


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


Davis-Bacon Act

http://apps1.eere.energy.gov/weatherization/recovery_act.cfm


Technical Requirements


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


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


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


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)


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


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


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)


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


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


Flexibility


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


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)


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


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


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


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:


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.


“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 …


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

2010 Orientation for State WAP Directors and Staff

Documents

weatherization activities

program evaluations

weatherization network

energy star

energy independence

program guidance documents

energy policy act

sustainable energy resources