Department of Energy
Weatherization Assistance Program
Regulations and Grant Guidance
– DOE Staff –
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 Mission
To reduce energy costs for low-income families, particularly for
the elderly, people with disabilities, and children, through
installation of energy efficiency measures, while ensuring
their health and safety.
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Weatherization Program Legislation
• 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.
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American Reinvestment and Recovery Act of 2009
• 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
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Program Structure and Funding
How the Pieces Work
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2
The Team Approach
Department of Energy
Headquarters and
Project Management Center
50 State Energy Offices,
The District of Columbia,
Native American
Tribal Organizations,
and U.S. Territories
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Over 900 Local
Agencies
Low-income
Americans
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Program Funding
• 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 singlefamily, multi-family, and mobile homes
• Grantees can also leverage funds from utilities and other sources.
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Administrative Requirements
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State Plans
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10 CFR 440.14
Developed by State
Public Hearing required – 10 day notice
Annual File
On-File Information
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Administrative Costs
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
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*Explanation during provided during presentation
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Policy Advisory Council
• 10 CFR 440.17
• Responsible for advising the Grantee on Weatherization
Program Composition of the PAC
• Broadly Representative
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•
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Low-income
Elderly
Disabled
Native Americans
Geographical Areas
• PAC’s have “preference” over state councils or commissions
• Grantees may use “council or commission”
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Determining Eligibility and Defining Income
• 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*
* Additional details after HUD/DOE issue Final Rule
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Determining Priority Service
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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
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Reweatherization
• 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
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Multi-family Eligibility
• 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
• Stay tuned for HUD/DOE Final Rule
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Rental Requirements
• 10 CFR 440.22 (b) (3)
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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
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Legalized Aliens
• 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
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Davis-Bacon Act
• American Recovery and Reinvestment Act (ARRA) of 2009
requires that Davis Bacon and Related acts are applicable to
DOE ARRA Weatherization Funds
• Davis-Bacon requires contractors and subcontractors be paid
prevailing wages
• Davis-Bacon requires that Grantees and Local Weatherization
providers keep track of all payroll in order to document compliance
with wage rules
• For additional information on Davis Bacon please attend the various
workshops offered throughout the conference
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Vehicle & Equipment Purchase
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
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Technical Requirements
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Energy Audit Criteria
• 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
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Single-Family Energy Audit Tools
Used by the Weatherization Network
AKWarm
(AK)
TREAT
(WA)
REM/Rate
EA-3
(OR)
(ID)
Montana
Computerized
Energy Audit
(MT)
NEAT
(WY)
NEAT
(SD)
NEAT
(NE)
REM/Rate
NEAT
(NV)
(UT)
NEAT
(CA)
REM/Rate
(AZ)
WXEOR
(ND)
NEAT
(CO)
NEAT
(NH)
NEAT
(VT)
NEAT
(MN)
NEAT
(IA)
NEAT, REM/
Rate (KS)
EASY
(TX)
HI
NEAT
(MI)
DOE Review Required Every 5 Years
TIPS (NY)
NEAT
(PA)
NEAT
NEAT
WHEA
(OH)NEAT
(IN)
(WV) NEAT
(IL)
(VA)
NEAT (KY)
NEAT
(NC)
NEAT (TN)
NEAT
NEAT
(SC)
(AR)
NEAT NEAT
NEAT (AL)
(GA)
NEAT (MS)
(LA)
NEAT
(FL)
NEAT
(MO)
NEAT
(OK)
NEAT
(NM)
NEAT
(WI)
Meadow 96
(ME)
NEAT
(MA)
NEAT (RI)
HomeCheck
EA-QUIP (CT)
(NJ)
NEAT (DE)
NEAT
(MD)
NEAT (DC)
DOE Review in Process
Due for DOE Renewal
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All DOE-approved audits are assigned a color to illustrate its level of adoption
Updated 7/16/09
States That Use A Priority List*
As Part of Their Energy Audit Procedures
For Single-Family Homes
AK
WA
MT
OR
ID
WY
NV
CA
UT
AZ
CO
NM
HI
NH
VT ME
MA
WI
NY
RI
SD
MI
CT
PA
IA
NJ
NE
OH
DE
IL IN
WV VA
MD
KS
MO
KY
DC
NC
TN
OK AR
SC
MS AL GA
* A priority list is a list
of weatherization
TX
LA
measures that analysis
FL
has shown to be be
ND
MN
Priority list used to select measures
on typical housing stock
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Computerized energy audit used
on every house weatherized
cost-effective for
typical housing stock.
Updated 7/16/09
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Electric Baseload Measures (EBL)
• 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
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Health & Safety
• 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:
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•
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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
Lead Paint
• 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)
• 400 Certified Renovators are being trained this week!
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Lead Paint (Continued)
• 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
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Mold and Moisture
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Mold Awareness
Good WX 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
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Renewable and Bio-based Measures
• Legislative and regulatory change
• Section 206 of EPACT 2005
9 Adds renewable energy system definitions
9 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
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DOE Flexibility
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Leveraging
• Grantees MAY use up to 15% of their DOE grant to leverage nonfederal 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
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Leveraging (continued)
• 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.”
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Leveraging (continued)
• 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.
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Program Income
• State & Local Governments-10 CFR 600.225
• Non-Profit Organizations-10 CFR 600.124
• Program Income is…gross income generated by a grantsupported 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
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Disaster Relief
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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
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Energy Crisis Relief
• Energy crisis is determined by:
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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
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Bottom Line …
• “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
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A DOE Weatherized Unit is:
• 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.
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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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More HELP and RESOURCES
• 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
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