Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 20 - Division of County Operations
Rule 016.20.07-001 - 2007 Weatherization Assistance Program State Plan

a. Identify, by title, each position to be supported under the proposed award.

b. Briefly specify the duties of professionals to be compensated under this project.

a. Are the fringe cost rates approved by a Federal Agency? If so, identify the agency and date of latest rate agreement or audit below, and include a copy of the rate agreement. No

b. If above does not apply, indicate the basis for computation of rates, including the types of benefits to be provided, the rate(s) used, and the cost base for each rate. You may provide the information below or provide the calculations as an attachment.

a. Indicate the purpose(s) of proposed travel.

b. Specify the basis for computation of travel expenses (e.g., current airline ticket quotes, past trips of a similar nature, federal government or organization travel policy, etc.).

a. Provide the basis for the equipment cost estimates (e.g., vendor quotes, prior purchases of similar or like items, etc.).

Prior purchases $1,223 x 2 = $2,446

b. Briefly justify the need for items of equipment to be purchased.

Weatherization staff needs new computers.

a. Provide the basis for the materials and supplies cost estimates (e.g., vendor quotes, prior purchases of similar or like items, etc.).

Prior purchases of similar or like items.

b. Briefly justify the need for items of material to be purchased.

T & TA - $7,750 for office purchases for stationary and other office supplies

Admin - $4,200 for office purchases for stationary and other office supplies

a. Provide the basis for the cost estimates (e.g., vendor quotes, prior purchases of similar or like items, etc.).

Admin - Costs are for telephone service charge, credit card purchases and subscriptions, publications and books and for audit costs - $2,000.

T/TA - Costs are for freight expenses, printing, advertisements, equipment maintenance, rent of copier, office space rent, telephone, credit card purchases, and subscriptions - $3,300.

b. Briefly justify the need for items to be purchased. These expenses are based on prior year experience.

a. Are the indirect cost rates approved by a Federal Agency? If so, identify the agency and date of latest rate agreement or audit below, and include a copy of the rate agreement.

Yes, 7/1/95 Health and Human Services Contact: Terry Hill, phone (214) 767-3263

Community Services Administration 450-03-01 -00-G1

b. If a above does not apply, indicate the basis for computation of rates, including the types of benefits to be provided, the rate(s) used, and the cost base for each rate. You may provide the information below or provide the calculations as an attachment.

a. Review of the office procedures to determine if all systems are functioning according to written procedures,

b. Review the client intake procedures, i.e., income guidelines and point system,

c. Review the client files for accuracy and completeness,

d. Review staffing levels and identify labor problems,

e. Review material management controls, check warehouse inventory/tools and equipment,

f. Review Financial Management System,

g. Review safety issues,

h. Make at least one home inspection of completions and/or units in progress per crew, and i. Hold an exit interview with the Program Director and Executive Director, and plan follow-up visits. Following the visit, the monitor files a written report with the Arkansas Weatherization Director and summarizes the findings along with suggested corrective action and comments.

MONITORING

Milestones

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 Directors and PAC, consistent with federal regulations. Membership shall consist of no more than fifteen members representing the following groups or organizations:

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.

H E A R I N G S A N D T R A N S C R I P T S

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.

BEFORE THE ARKANSAS WEATHERIZATION POLICY ADVISORY COUNCIL

IMAX THEATER CONFERENCE ROOM

3301 ROOSEVELT ROAD

LITTLE ROCK, AR 72206

JANUARY 26, 2007

10:00-10:15 A.M.

IN THE MATTER OF:

WEATHERIZATION ASSISTANCE PROGRAM PUBLIC HEARING

APPEARANCES:

PUBLIC ATTENDEES:

P R O C E E D I N G S

CHAIRMAN WHITMER: Let's call the meeting to order. I want to welcome everyone to the 2007/2008 Public Hearing on the Arkansas Weatherization Assistance Program. As we always do, we have a public hearing up-front, a short break, and then go into the PAC meeting. I would like to ask everyone if you would put your cell phones and pagers on vibrate or turn them off. And if you have any questions during the public hearing portion, just stand up, state your name, give your address or the agency you represent. That way the Reporter can have it for a public record. With that, I'm going to turn it over to Mae Bishop.

MS. BISHOP: Good morning. As stated, my name is Mae Bishop. I am the Weatherization Program Manager at the Arkansas Office of Community Service at the Department of Health and Human Services. My purpose here today is to conduct a public hearing on the 2007 Weatherization Assistance Program State Plan.

The Department has proposed an allocation of $2,202,800 from the United State Department of Energy and $400,000 from the Home Energy Assistance Program. No carryover is estimated this program year.

Grantees are expected to achieve a rate of production and expenditures that will result in all weatherization funds being spent by the end of the year. The guidelines require the State to submit an application consisting of an annual file and a master file. The master file is updated as appropriate. There possibly may be some changes in reporting requirements if there are changes required by the Department of Energy.

Training and technical assistance will be provided in the following areas as needed: 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 trainings have tentatively been scheduled: Grant Guidance, March 23, 2007; Annual Training Conference, July 19-20, 2007; Skills Training, October 4-5, 2007.

Training needs are determined as a result of monitoring visits and monthly reports. Attendance of appropriate subgrantee personnel is encouraged at all trainings. The effectiveness of training will be evaluated annually.

The State compares productivity by use of monthly reports. These reports are compiled and shared with subgrantees annually. It is estimated that 66 percent of training and technical assistance funds will be used for monitoring activities. Other funds will also be used for monitoring activities.

Weatherization services will be provided in all 75 counties in Arkansas by 15 subgrantees.

Funds for Indian tribes are taken from State allocations. However, Arkansas has no Indian tribes at this time.

Approximately 578 units will be weatherized with Department of Energy funds, and approximately 126 units will be weatherized with Home Energy Assistance Program funds. The State is requiring a minimum of a 30 percent average to be used for materials.

The State is requiring use of the blower door on all units weatherized. Subgrantees receiving less than $350,000 will receive 10 percent of United States Department of Energy funds for administration. Home Energy Assistance Program funds are limited to five percent for administration.

The State proposes using up to $63,000 for leveraging; up to $10,000 for crisis relief; and up to $40,000 for Pollution Control Insurance from the Home Energy Assistance Program. 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 defined as dependants 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 subgrantees completing renovation work on 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 surfaces will be disturbed on the outside of the house during weatherization work. The renovators are required to give occupants a copy of the Environment 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 reweatherized if it was previously weatherized prior to September 30, 1993.

The State will continue to have a Policy Advisory Council as opposed to having a commission as authorized.

The Department of Energy has authorized replacement of refrigerators and electric water heaters under certain conditions. The maximum average per unit for 2007 will be $2,885. The Health and Safety plan includes mold and mildew. This includes a training plan, client certification, walk-away policy, and checklist.

The Arkansas Department of Health and 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 your state plan material in a different format, such as large print, contact our Americans with Disabilities Act coordinator at (501) 682-8922 or

(501) 682-8933 TDD.

Written comments may be submitted by 4:30 p.m. on March 15 to: Thomas E. Green, Assistant Director, Office of Community Services, P.O. Box 1437, Slot S330, Little Rock, Arkansas 72203-1347.

This ends the public hearing. Are there any public comments regarding?

CHAIRMAN WHITMER: Do we have any comments? I've got one comment to make. I'm Mark Whitmer, CSCDC. If you could go back and look where you were talking about the lead paint, I really thought you said a "two square foot house" size. I could be wrong.

MS. BISHOP: Okay. I did say "two."

MS. WRIGHT: Ms. Mae, I believe you said 1337 is our P.O. It's 14.

MS. BISHOP: Our address is P.O. Box 1437, Slot S330. Right. And it's 20 square feet.

MS. WRIGHT: Right.

MS. BISHOP: Thank you. Are there any more comments?

CHAIRMAN WHITMER: If there's no more comments, we're going to close the public hearing. Let's take about a 15-minute break and reconvene at 10:30 and we'll go into the PAC meeting at that time.

(THE PUBLIC HEARING WAS CONCLUDED AT 10:15 A.M.)

A D J U S T M E N T S T O O N - L I N E I N F O R M A T I O N

The maximum average for FY 2007 is $2,885 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.

M I S C E L L A N E O U S

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.

A S S U R A N C E S

A N D

C E R T I F I C A T I O N S

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 Health and 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: