Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 20 - Division of County Operations
Rule 016.20.06-001 - Weatherization Assistance Program 2006 State Plan

1. PERSONNEL - Prime Applicant only (all other participant costs must be listed on 6. below and form DOE F 4600.4, Section B. Line 6.f. Contracts and Sub Grants.

2. FRINGE BENEFITS -

3. TRAVEL - Identify total Foreign and Domestic Travel as separate items.

4. EQUIPMENT- as defined in 10 CFR 600.202. Definitions can be found at http://www.access.qpo.gov/nara/cfr/waisidx_00/10cfr600_00.html.

5. MATERIALS AND SUPPLIES - as defined in 10 CFR 600.202. Definitions at http://www.access.qpo.gov/nara/cfr/waisidx_00/10cfr600_00.html.

6. CONTRACTS AND SUBGRANTS - All other participant costs including subcontractor, sub-grants, and consultants.

Provide the information below for new proposed sub recipients and subcontractors. For ongoing subcontractors and sub recipients, if this information is provided elsewhere in the application, it does not have to be restated here, but please indicate the document and page numbers where it can be found.

* For example-Competitive, Historical, Quote, Catalog

7. OTHER DIRECT COSTS - Include all direct costs not included in above categories.

8. INDIRECT COSTS -

1. An analysis of the existence and effectiveness of any weatherization project being carried out by a subgrantee.

The Arkansas Weatherization Office analyzes the effective-ness of the State's Weatherization projects through its ongoing monitoring activities.

The monitoring activities of the Arkansas Weatherization Office serve three principle purposes:

-To disclose areas of non-compliance with contract and programmatic regulations.

-To identify technical assistance needs among program personnel, provide training to correct deficiencies, identify and resolve questions about program operations.

-To assure quality workmanship on homes weatherized.

Monthly monitoring activities occur in OCS as staff reviews the monthly reports from the subgrantees. The monitoring lends itself to in-office or desktop review since the fiscal records are readily accessible and financial staff is usually available for consultation.

Before making a monitoring visit, the monitor reviews all reports and requests pertinent correspondence from the agency to be visited to get an idea of the agency's performance over a period of several months. The audit for the last contract period and the monitoring reports made previously are also reviewed. Year-to-date statistical data is compiled monthly.

The monitor also reviews the production schedule for each agency based on the Arkansas weatherization allocation formula and compares it to projections and expenditures.

Each subgrantee is monitored a minimum of one time annually, but may be required more often if requested by the agency or is deemed necessary by the State Weatherization Office.

Monitoring and evaluation activities include:

1. Fifteen subgrantees will be monitored at least once during the program year.

2. At least 10% of the units weatherized will be inspected during the program year.

3. At least 10% of the client files will be inspected for compliance with state and federal regulations.

4. Fiscal and production desk reviews will be conducted monthly.

LEVERAGING ACTIVITIES

Leveraging Activities - Other Sources

None.

DOE Funded Leveraging

The state will leverage utility funds and other non-federal funds where possible. However, DOE funds will not be expended in this process.

POLICY ADVISORY COUNCIL

The PAC met January 21, 2005 for the purpose of holding a public hearing on the 2005 State Weatherization Plan. Other items on the agenda were training, grants guidance, annual conference, skills training, weatherization day, and election of officers.

The PAC will meet on January 27, 2006 for the purpose of holding a public hearing on the 2006 State Weatherization Plan. Others items on the agenda will be election of officers, training, mold and mildew issues and National Weatherization Day activities.

The PAC members are involved in weatherization activities such as training and Weatherization day activities and leveraging funds. Entergy is represented on the PAC and funds some weatherization activities of subgrantees each year. The State Energy Office is represented on the PAC and provides client education material for weatherization clients. Rural Development is represented on the PAC and provides funding to some weatherization subgrantees for housing rehabilitation.

WEATHERIZATION ASSISTANCE PROGRAM POLICY ADVISORY COUNCIL MEMBERS

TERM OF SERVICE

ARKANSAS WEATHERIZATION POLICY ADVISORY COUNCIL BY-LAWS

Section 1 - Name

The name of the Council shall be the Arkansas Weatherization Policy Advisory Council (PAC).

Section 2 - Purpose

The purpose of the PAC shall be to promote the full development and utilization of the State's weatherization resources.

Section 3 - Membership

The PAC shall be appointed by the Office of Community Services' Assistant Director in consultation with the State Weatherization Director and PAC, consistent with federal regulations. Membership shall consist of no more than fifteen members representing the following group or organization:

Section 4 - Authority

The PAC shall serve in an advisory capacity and will function as follows:

Section 1 - Officers

The officers of the PAC shall be the Chairperson and Vice Chairperson.

Section 2 - Nomination of Officers

The Nominating Committee shall present a slate of officers in advance of the voting meeting. Additional nominations may be made from the floor. From this slate, the nominee receiving the majority vote shall be the officer.

Section 3 - Election and Term of Office

Section 4 - Duties

Chairperson: The Chairperson shall preside at all meetings of the PAC and perform all such services as are usually performed by the Chairperson of an organization and shall perform such duties as may be requested by the PAC and shall be ex-officio member of all committees except the Nominating Committee.

Vice Chairperson: The Vice Chairperson shall discharge the duties of the Chairperson in the absence of the Chairperson or in the event of his inability to act.

Section 1 - Regular Meetings

The PAC shall meet on the fourth Tuesday of the third month of each quarter or at other times as specified by the Chairperson.

Section 2 - Special or Called Meeting

The Chairperson may call special meetings of the PAC as required. Upon receipt of written request from a majority of members of the PAC, the Chairperson shall call a special meeting of the PAC to convene within ten days.

Section 3 - Quorum

Five members of the PAC shall constitute a quorum for the transaction of business.

Section 4 - Voting

All actions of the PAC shall be determined by a majority vote of the members present and voting, except the adoption and amendment of the By-laws which shall be by a two-thirds vote of the members present. Proxy voting shall be allowed by persons authorized to attend and represent a member of the PAC.

Section 5 - Order of Business

The Chairperson and the Assistant Director of the Office of Community Services or designee shall be responsible for ordering the business of the PAC.

Section 6 - Rules

Robert Rules of Order shall govern the procedures of the PAC.

Section 1 - Committees may be established by the PAC as requested, to deal with specific issues. Members shall be designated by the Chairperson.

Section 1 - By-Laws Amendment Procedures

The By-laws may be amended at any regular meeting of the PAC by a two-thirds vote of the members present, provided that the proposed amendment has been submitted in writing and made available to all members at least two weeks prior to the meeting at which a vote is taken.

HEARINGS AND TRANSCRIPTS

STATE: Arkansas_________ REGULATION REFERENCE: 440.14

DATE ADOPTED: 04/01/96

REVISED DATE:____________

POLICY/PROCEDURES DOCUMENTATION

SUMMARY OF REQUIREMENT: Conduct Public Hearings throughout the state.

POLICY/PROCEDURE:

A draft of the State Plan and Installation Procedures are published prior to the hearing and held open for comment after the hearing. A Notice of Public Hearing is published in the statewide newspaper at least two weeks prior to the hearing.

The State Plan and Installation Procedures are, also, promulgated through the Arkansas Administrative Procedures Act which requires that rules be published for review at least 30 days, filed with the Secretary of State, filed with the State Library, and the Arkansas Legislative Council to hold a public hearing on the rule. In addition, the State Plan and Installation Standards are filed with the State Clearinghouse.

The State plan implemented the new field guide as of 4/1/03.

OFFICE OF COMMUNITY SERVICES PUBLIC HEARING JANUARY 27, 2006

HELD AT THE IMAX, 3301 E. ROOSEVELT ROAD

LITTLE ROCK, ARKANSAS

BOARD MEMBERS: MR. TROY BRANSCUM

MR. MARK WHITMER

MR. AL WEST

MS. JAMIE STRINGFELLOW

MS. PAT ATKINSON

MS. FREDA PAUL

TAKEN BEFORE Dennis L. Pierce, CSR, Certificate No. 638, Bushman Court Reporting, 620 W. Third Street, Suite 302, Little Rock, Arkansas.

ATTENDEES: JOY HAYES

BEVERLY PALMER GREG WOODARD SUE GATCHEL JIM GATCHEL CANDY ROMAN GREG IRWIN JOHN BATES LOYD COLLINS BETTY FORREST STEVE WHITTAKER ASHLEY BOWIE LAWRENCE McCULLOUGH KENNY GUNN SUSAN RECKEN WILLIAM TAFT WILSON SAM SCRUGGS LLOYD PRICE

weatherization funds being spent by the end of the program year. There was a one percent rescission of funds after the budget was approved. We may receive a little more Home Energy Assistance Program funding than I have budgeted.

The guidelines require the state to submit an application consisting of an annual file and a master file. The master file is to be updated as appropriate. There may be some changes in reporting requirements due to changes in the reports required by the U.S. Department of Energy.

Training and technical assistance will be provided in the following areas on an as needed basis: Management and administration. Basic skills. Contract training. Consumer education. Leveraging. Rules and regulations. National Energy Audit. Mobile Home Energy Audit. And Management Information System.

The following training has been tentatively scheduled: Grant guidance is scheduled for March 31st, 2006. The Annual Weatherization Conference is scheduled for July 20th and 21st, 2006. Skills training is scheduled for October 5th and 6th, 2006.

The training needs are determined by monitoring visits, and monthly reports. Attendance of appropriate subgrantee personnel are encouraged at all training.

Certification of subgrantee staff is not required. The state compares productivity between subgrantees by use of monthly reports. These reports are compiled and shared with subgrantees annually. It is estimated that 66 percent of the training and technical assistance funds will be used for monitoring activities. State funds, administration funds and Home Energy Assistance Program funds will, also, be used for monitoring activities. The effectiveness of the training will be evaluated annually.

The Immigration and Nationality Act made certain aliens, legalized under the Immigration and Control Act of 1986, temporarily ineligible for weatherization assistance. The provisions of this law have expired. The only potential implications are those cases that were open while this law was in effect. Local agencies that are charitable and nonprofit are exempt from implementing new status verification requirements for non-qualified aliens. However, local government agencies must conduct status verification when serving non-qualified aliens. A multi-family building may be weatherized if two thirds of the units are eligible. Certain multi-family buildings with significant energy efficiency improvements or leveraged resources require only one half of the units to be eligible. A building containing two or four units may be weatherized if one half of the units are eligible. A non-qualified alien could be the recipient of weatherization services as part of the two thirds or one half rule.

Weatherization services will be provided in all 75 counties in Arkansas.

Funds for Indian tribes come out of state allocations. However, Arkansas has no Indian tribes at this time.

Approximately 604 units will be weatherized with Department of Energy funds and approximately 441 units will be weatherized with Home Energy Assistance Program funds.

The state is requiring a minimum of 30 percent average to be used for materials.

The state is requiring the use on the blower door o all units. Subgrantees receiving less than $350,000.00 of United States Department of Energy funds will receive ten percent of the United States Department of Energy funds for administration. Home Energy Assistance Progra: funds are limited to five percent for administration. The state is budgeting $60,000.00 for leveraging from Horn Energy Assistance Program funds. The state is budgeting $10,000.00 for crisis relief from Home Energy Assistance Program funds. The state is budgeting $40,000.00 for pollution control insurance from Home Energy Assistance Program funds. These funds will be used to weatherize houses if not expended for leveraging, crisis relief and pollution control insurance.

Children are included in the priority system. Children are to defined to be dependents under the age of 18 who are full-time students in a secondary school or equivalent technical or vocational training who may be reasonably expected to complete the program before reaching the age of 19.

The financial budget, liability insurance and health and safety will continue to be separate budget categories.

Program income is defined as any funds earned from non-federal sources during the course of performing weatherization work. The income generated must be used to complete additional houses in accordance with program rules.

Each subgrantee is required to have a policy on procurement of building insulation products and materials containing recovered materials in compliance with federal and state requirements.

All low income Weatherization Assistance Program activities doing renovation work in pre-1978 housing are subject to the provisions of a federal regulation that requires them to give a notification to the occupants of the housing about the potential hazards of lead paint and lead paint dust. This notification applies to all entities who do renovation work and is required when more than two square feet of lead paint surfaces will be disturbed on the inside of the house and more than 20 square feet of lead surfaces will be disturbed on the outside of the house during weatherization work. The renovators are required to give occupants a copy of the Environmental Protection Agency booklet Protect Your Family from Lead in Your Home at least seven days prior to the start of work. This requirement applies only to those homes covered by the Environmental Protection Agency rule.

A house may be weatherized if it was previously weatherized prior to September 30th, 1993.

The state will continue to have a policy advisory council as opposed to having a commission as is authorized.

The Department of Energy has authorized replacement of refrigerators and electric water heaters under certain conditions.

The maximum average per unit for 2006 will be $2,826.00.

The Health and Safety plan has been revised to include mold and mildew. This includes a training plan, client certification form, revised walk away policy and checklist.

The Arkansas Department of Human Services is in compliance with Titles VI and VII of the Civil Rights Act and operates, manages and delivers services without regard to age, religion, disability, political affiliation, veteran status, sex, race, color, or national origin. If you need this material in a different format, such as large print, contact our Americans with Disabilities Act coordinator at (501) 682-8920, voice, or (501) 682-8933, TDD.

Please submit comments in writing by 4:30 p.m., March 14th, 2006, to Office of Community Services, Weatherization Assistance Program, Post Office Box 1437, Slot S330, Little Rock, Arkansas, zip code 72203-1437.

Anyone who has a question or comment, please state your name and agency and then state your question or comment.

MR. WHITMER: Anybody have any questions or comments?

(No response)

MR. WHITMER: I will remind everybody, make sure you're signed in. And with that we'll close the public hearing.

And let's meet back here about 10:30. (Concluded at 10:15 a.m.)

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ADJUSTMENTS T O ON-LINE INFORMATION

The maximum average for FY2006 is $2,826 per unit.

The state will use 125% of the poverty guidelines as the eligibility criteria. The Department of Energy definition of income will be used.

MISCELLANEOUS

Miscellaneous

Energy Audit: Arkansas uses NEAT and will use the mobile home energy audit developed by DOE contract.

Success Stories: Arkansas will report success stories using the DOE prescribed format.

Financial Audits: The State office and each subgrantee has a Single Agency Audit in compliance with Circular A-133.

Reporting: Arkansas will comply with all of DOE's reporting requirements.

ASSURANCES

AND

CERTIFICATIONS

DOE F 1600. 5 OMB Control No. 1910-0400

(08-94) All Other Editions Are Obsolete

U.S. Department of Energy

Assurance of Compliance

Nondiscrimination in Federally Assisted Programs

OMB Burden Disclosure Statement

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Office of Information Resources Management Policy, Plans, and Oversight, Records Management Division, HR-422 - GTN, Paperwork Reduction Project (1910-0400), U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, DC 20585; and to the Office of Management and Budget (OMB), Paperwork Reduction Project (1910-0400), Washington, DC 20585.

Arkansas Department of Human Services(Hereinafter called "the Applicant") HEREBY AGREES to comply with Title VI of the Civil

Rights Act of 1 964 ( Pub. L. 88-352), Section 1 6 of the Federal Energy Administration Act of 1 974 ( Pub. L. 93-275), Section 401 of the Energy Reorganization Act of 1 974 ( Pub. L. 93-438), Title IX of the Education Amendments of 1 972, as amended, ( Pub. L. 92-31 8, Pub. L. 93-568, and Pub. L. 94-482), Section 504 of the Rehabilitation Act of 1973 ( Pub. L. 93-11 2), the Age Discrimination Act of 1 977 ( Pub. L. 94-1 35), Title VIII of the Civil Rights Act of 1 968 ( Pub. L. 90-284), the Department of Energy Organization Act of 1 977 ( Pub. L. 95-9 1), the Energy Conservation and Production Act of 1 976, as amended, ( Pub. L. 94-385) and Title 1 0, Code of Federal Regulations, Part 1 040 . In accordance with the above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected do discrimination under any program or activity in which the Applicant receives Federal assistance from the Department of Energy.

Applicability and Period of Obligation

In the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or improved with Federal assistance extended to the Applicant by the Department of Energy, this assurance obligates the Applicant for the period during which Federal assistance is extended. In the case of any transfer of such service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which Federal assistance is extended. If any personal property is so provided, this assurance obligates the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant for the period during which the Federal assistance is extended to the Applicant by the Department of Energy.

Employment Practices

Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the Department, the Applicant agrees not to - discriminate on the ground of race, color, national origin, sex, age, or disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment, advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility programs; or other forms of compensation and use of facilities.

Subrecipient Assurance

The Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or subleases for the purpose of providing any service, financial aid, equipment, property, or structure to comply with laws and regulations cited above. To this end, the subrecipient shall be required to sign a written assurance form; however, the obligation of both recipient and subrecipient to ensure compliance is not relieved by the collection or submission of written assurance forms.

Data Collection and Access to Records

The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result of the Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but is not limited to the following: