Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 20 - Division of County Operations › Rule 016.20.10-003 - American Recovery and Reinvestment Act (ARRA) Weatherization Assistance Program State Plan 2009-2012

Current through Register Vol. 49, No. 6, June, 2024
PART I
ANNUAL FILE OVERVIEW
A.
Background
Arkansas Department of Human Services, Division of County
				Operations, Office of Community Services (DHS) will administer the American
				Recovery and Reinvestment Act (ARRA) Low-Income Weatherization Assistance
				Program in compliance with
				public
				law 111-5. DHS will administer the American
				Recovery and Reinvestment Act, 2009-2012 Weatherization Program, in compliance
				with the applicable law, including regulations contained in 10 CFR Part 440
				(issued February 1, 2002), and other procedures applicable to this regulation
				as the United States Department of Energy may prescribe for the administration
				of financial assistance. The plan is for a three-year period, fiscal year 2009
				through fiscal year 2012.
DHS will monitor subgrantee performance in an effort to
				increase production of weatherized units. Quarterly production reports will be
				submitted to DOE on time.
All units weatherized using American Recovery and Reinvestment
				Act funds from DOE will comply with all requirements for a completed unit and
				will be reported to DOE.
The purpose of the Weatherization Assistance program is to
				increase energy efficiency of dwellings owned or occupied by low-income
				persons, reduce their total residential expenditures, and improve their health
				and safety.
The priority population for the Weatherization Assistance
				Program is persons who are particularly vulnerable such as the elderly, persons
				with disabilities, families with children, high residential energy users, and
				households with high energy burden. The ARRA weatherization program was enacted
				to preserve and create jobs and promote economic recovery. The only health and
				safety measures installed with ARRA funds will be
				&#8213;energy-related&#8214; health and safety measures. The state
				ensures that it will comply with the DOE prudent use&#8214; policy for
				health and safety funds.
B.
General Funding
The federally appropriated ARRA funds are included in the plan
				for DOE approval. The DOE allocation is $48,114,415.
C.
Adjusted Average
The adjusted average of $6,500 will be in use for the
				program.
D.
Funds
			 for Administrative Purposes
The state will use less than 5% for administration; the balance
				up to the 5% allowable will be passed to subgrantees. Subgrantees will receive
				5% for administration since all will be allocated more than $350,000 for the
				program period.
E.
Leveraged Resources
The local agencies will use DOE resources to leverage with the
				Arkansas Weatherization Program.
F.
Training and Technical
			 Assistance
The state will use the ARRA T/TA funds to provide training and
				technical assistance to subgrantees. As a part of its technical assistance plan
				the state will develop a certification program for subgrantees. As a part of
				this process, the state proposes to develop a model weatherization program by
				restructuring the program at Pine Bluff Jefferson County Economic Opportunity
				Commission, Inc. The new program model developed for PBJCEOC will innerface
				with the Weatherization Training Center as a pathway to certification of all
				subgrantee staff in the state.
G.
Application Package
*
The state will comply with Fed Connect and other
				requirements as prescribed by DOE.
*
The Master file has been eliminated from the
				plan. The state, however, will keep relevant information on file.
*
The state does not use funds for
				Low-Cost/No-Cost. The state will use the MHEA and NEAT energy audits. These
				plans are kept on file but are not included in this plan.
*
The plan is for a three-year period, fiscal year
				2009 through fiscal year 2012.
*
The source of labor is no longer required to be
				reported.
*
The Congressional Districts served by the
				various subgrantees are included in this plan. However, a breakdown of the
				percentage of funds going to the various districts is no longer
				required.
*
The production, as required by DOE, is included
				in this plan. There are no downsizing efforts this program period.
*
The potential energy savings are included in
				this plan.
*
The Training and Technical Assistance Plan and
				the Monitoring Plan are combined into one plan. A house may be re-weatherized
				if it was previously weatherized prior to September 30, 1994.
*
The annual application includes ARRA DOE funds.
				All laborers and mechanics employed by contractors and subcontractors on
				projects funded directly by or assisted in whole or in part by and through the
				Federal Government pursuant to the American Recovery and Reinvestment Act of
				2009, Public Law 111.5, will be paid, wages at rates not less than those
				prevailing on projects of a character similar in locality as determined by the
				Secretary of Labor in accordance with Subchapter IV of Chapter 31 title 40,
				United States Code.
*
Subgrantees use DOE funds for leveraging
				purposes with the Arkansas Weatherization Program. Electric base load measures
				are included in the NEAT/MHEA Audits.
*
A list of PAC members is included in this
				plan.
*
A transcript is included in this plan. The state
				requires subgrantees and contractors to maintain adequate liability insurance
				and pollution occurrence insurance.
H. Public Hearing
The state conducted a public hearing January 29, 2010 in
				compliance with ARRA DOE requirements. During the Public Hearing, information
				pertaining to the operation of the WAP was shared including that subgrantees
				are selected in compliance with
				10 CFR
				440.14 and 10 CFR 440.15. Additionally,
				information was shared as to the what action the state would take if production
				falls substantially below the projection rate for a subgrantee, as prescribed
				by the Office of Community Services, the Office of Community Services reserved
				the right to transfer all or a part of the responsibility for administration of
				the program from one subgrantee to another. The Pine Bluff Economic Opportunity
				Commission, Inc. (PBJCEOC) encountered problems during the ramp up phase of the
				ARRA program and subsequently suffered the loss of its Executive Director and
				Weatherization Director. Interim leadership attempted to operate the program;
				however, it became obvious that a total restructuring of the program would be
				necessary. In order to meet the production goals established by DOE for ARRA,
				the state made the decision to transfer both the regular DOE and ARRA program
				to the Central Arkansas
Development Council (CADC). Simultaneously the state will
				restructure the program at PBJCEOC with the goal of transferring the regular
				DOE program back March 31, 2011. Due to the limited time remaining under the
				ARRA program the state decided that CADC will retain the ARRA program through
				completion March 31, 2012.
The low Income Weatherization Assistance Program staff of the
				Arkansas Department of Human Services/Office of Community Services conducted a
				Public Hearing on July 30, 2010 at the Willie Hinton Neighborhood Resource
				Center in Little Rock, Arkansas. The Public Hearing provided the public with an
				opportunity to comment on the proposed use and distribution of Weatherization
				Assistance Program funds for FY 2010-2011.
July 30, 2010 - Little Rock,
				Arkansas
Public Hearing was conducted by Mark Whitmer, Chairperson of
				the Arkansas Weatherization Policy Advisory Council.
There were (34) thirty-four people in attendance at the Public
				Hearing. Each person was provided with a copy of the State Plan Summary of
				Changes. Upon completion of the oral presentation by Doris Wright, Program
				Manager, from the Office of Community Services, those attending were invited to
				ask questions and make comments.
There were two comments from the floor regarding the summary of
				changes, the first being the wording of the transfer of Pine Bluff Jefferson
				County Economic Opportunity Commission, Inc. (PBJCEOC) program to Central
				Arkansas Development Council, Inc. (CADC).
The second comment pertained to the Implementation of the
				Weatherization Assistance Program Subgrantee Operations Manual. The question
				raised pertained to the rating scale of the revised ARRA Monitoring Plan had
				been worked out and if the implementation of the Operations Manual was in
				progress and not in final revision.
The public hearing notice was published in the Arkansas
				Democrat-Gazette for three consecutive days, beginning July 23, 2010. The State
				Plan was also made available for public inspection and comment from July 31,
				2010 - August 31, 2010. Those who wished to comment could submit written
				comments through their local weatherization provider, or submit comments
				directly to the Office of Community Services.
I.
Training and Technical Assistance
			 Plan
DHS has developed two training centers to address the training
				needs of the WAP network. All subgrantee staff engaged in weatherization work
				will be required to obtain certification through one of the state training
				centers by March 31, 2012 in order to continue working in the Weatherization
				Assistance Program. Subgrantees using contractors will be required to use only
				WAP Certified contractors. No staff will be grandfathered&#8214; into
				certification. Once all program staff is certified, additional training needs
				will be assessed through a review of monitoring reports and agency requests for
				training. The state has a full time Weatherization Training Coordinator who
				assesses training needs and will coordinate training on a continuous basis. The
				training centers will have a curriculum based upon the Weatherization Core
				Competencies. Additionally, training will be designed for each staff role,
				energy auditor, inspector, crew chief, weatherization technician.
In addition to training at state training centers, the
				Weatherization Directors will be required to attend the state annual training
				conference and fall skills training. No certification is required prior to hire
				date; however, new hires must obtain certification within six months from the
				date of hire.
J.
Client Education
The state provides client information and material at the time
				of weatherization.
K.
Program Evaluation
DOE published a national evaluation of weatherization in 1993.
				Implementation of the new national evaluation has been suspended by the Office
				of Energy Efficiency and Renewable Energy (EERE). EERE has commissioned a
				strategic evaluation of the program to access a variety of program structures
				and options for program development.
L.
Grantee Program Oversight
The state will monitor each subgrantee at least two times
				annually and monitor at least 10% of the units and files.
M.
Energy Audit Criteria
The state will use the MHEA and the NEAT energy audits.
N.
Health and Safety
The Health and Safety Plan is included in the Master File and
				is not included in this Annual File. The plan has been amended to include DOE
				requirements regarding mold and mildew.
O.
Vehicle Purchases
The state will allow vehicle purchases with an acquisition
				price of $5,000 or more to be spread over the entire life of the vehicle and
				the number of homes served during that period.
P.
Policy Advisory Council
The state will maintain the Policy Advisory Council instead of
				using a State Council.
Q.
Reporting Requirements
The state will comply with the financial and program reporting
				requirements of ARRA DOE.
R.
Reporting DOE Completed Units
The state will report all units that contain ARRA DOE funds.
				All units weatherized with DOE funds will comply with the DOE definition of a
				completed unit.
S.
Financial Audits
Subgrantees may budget financial audit cost as a separate
				budget category.
T.
Newly Legalized Aliens
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 nonqualified aliens.
				However, local government agencies must conduct status verification when
				serving nonqualified aliens.
U.
Multi-Family Eligibility
A multifamily building may be weatherized if two-thirds of the
				units are eligible. Certain multifamily buildings with significant energy
				efficiency improvements or leverage 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 nonqualified alien could
				be the recipient of weatherization services as part of the two-thirds or
				one-half rule.
V.
Recovered Materials
Each subgrantee has a policy and procedure for using insulation
				composed of the highest percentage of recovered materials practical.
W.
Rental
			 Requirements
There are no changes in rental procedures.
X.
Income Eligibility
The state will use 200 percent of poverty as the income
				eligibility level.
Y.
Fuel Switching
DOE does not permit the general practice of fuel switching when
				replacing furnaces and appliances.
Z.
Protection of Whistleblowers
Any employee of any non-Federal employer receiving covered
				funds under the Recovery Act may not be discharged, demoted, or otherwise
				discriminated against as a reprisal for disclosing information the employee
				believes is evidence of: gross management of an agency contract or grant
				relating to covered funds; a gross waste of covered funds, a substantial and
				specific danger to public health or safety related to the implementation or use
				of covered funds; an abuse of authority related to the implementation or use of
				covered funds; or a violation of law, rule, or regulation related to an agency
				contract (including the competition for or negotiation of a contract) or grant,
				awarded or issued relating to recovered funds.
AA.
False Claims Act
The state and subgrantees will promptly refer to the DOE or
				other appropriate Inspector General any credible evidence that a principle,
				employee, agency, contractor, subcontractor or other person has submitted a
				false claim under the False Claims Act or has committed a criminal or civil
				violation of laws pertaining to fraud, conflict of interest, bribery, gratuity
				or similar misconduct involving those funds.
BB.
Information in Support of Recovery
			 Act Reporting
The state or subgrantees may be required to submit backup
				documentation for expenditures of funds under the Recovery Act including such
				items as timecards and invoices. The state or subgrantees shall provide copies
				of backup documentation at the request of the Contracting Officer or
				designee.
CC.
Access
			 to Records
Any representative of an appropriate inspector general
				appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C.
				App.) or of the Comptroller General is authorized to (1) examine any records of
				the state, any of its contractors or subgrantees, or any State or local agency
				administering such contract that pertain to, and involve transactions in
				relation to, the subcontract, grant, or subgrant; and (2) interview any officer
				or employee of the contractor, grantee, or subgrantee, or agency regarding such
				transactions.
GRANT APPLICATION STANDARD FORM 424
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BUDGET
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2009-2012 DOE ARRA ALLOCATIONS
AGENCY
UNITS
PS & M
ADMINISTRATION
TOTAL
BRAD
178
$ 1,155,521
$ 76,780
$ 1,232,301
CADC
1,053
6,843,553
454,727
7,298,280
CAPCA
263
1,706,580
113,396
1,819,976
CRDC
654
4,247,206
282,210
4,529,416
C-SCDC
233
1,511,754
100,451
1,612,205
CSO
121
785,240
52,177
837,417
MCAEOC
119
769,962
51,161
821,123
M-DCS
257
1,667,245
110,759
1,778,004
NADC
289
1,873,794
124,483
1,998,277
OHC
455
2,951,421
196,111
3,147,532
OOI
354
2,299,565
152,797
2,452,362
PB-JCEOC
350
2,270,817
150,887
2,421,704
SEACAC
301
1,950,863
129,628
2,080,491
SWADC
407
2,642,547
175,587
2,818,134
UHDC
544
3,530,178
234,567
3,764,745
TOTAL
5,578
36,206,246
2,405,721
38,611,967
Client Education $100,000
*This formula incorporates $6,500 maximum average.
2009-2012 ARRA T&TA ALLOCATIONS
AGENCY
TOTAL FUNDING
BRAD
$21,022
CADC
124,502
CAPCA
31,048
CRDC
77,268
CSCDC
27,503
CSO
14,286
MCAEOC
14,008
MDCS
30,332
NADC
34,083
OHC
53,694
001
41,835
PBJCEOC
41,312
SEACAC
35,492
SWADC
48,075
UHDC
64,223
TOTAL
$658,683
ALLOCATION FORMULA
AGENCY
HDD+CDD
PERCENT HDD+CDD
POVERTY%
AVERAGE
HDD+CDD
AND POVERTY
BRAD
16168
4.2122
2.1709
3.1915
CADC
59459
15.4906
22.3127
18.9016
CAPCA
15365
4.003
5.4241
4.7135
CRDC
41971
10.9345
12.5268
11.7306
CSCDC
10699
2.7873
5.5636
4.1754
CSO
4934
1.2849
3.0514
2.1688
MCAEOC
5368
1.3997
2.854
2.1266
MDCS
20438
5.3246
3.885
4.6048
NADC
27098
7.0597
3.291
5.1753
OHC
21753
5.6672
10.6363
8.1517
001
32274
8.4082
4.2944
6.3513
PBJCEOC
24872
6.4798
6.064
6.2719
SEACAC
23727
6.1815
4.5949
5.3882
SWADC
33904
8.8329
5.7643
7.2986
UHDC
45807
11.9339
7.5666
9.7502
TOTAL
383837
100
100
100
U.S. DEPARTMENT OF ENERGY
(10/01)
BUDGET EXPLANATION FOR FORMULA GRANTS
Provide detailed information to support each Cost Category
				using this form. Cost breakdown estimates may be entered on this form or attach
				a breakdown of costs using your own format as Attachment A.
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.
a. Identify, by title, each position to be
			 supported under the proposed award. Grants Analyst (two positions)
b. Briefly specify the duties of
			 professionals to be compensated under this project.
Position
__________________________
Description of Duties of
						  Professionals
____________________________________________________
WAP Program Manager
Performs DOE management functions, supervises WAP
						  program staff, formulates program policy, develops and tracks budgets, develops
						  program policy, provides policy guidance and provides oversight of WAP
						  program.
Administrative Specialist I
Provides administrative support for the WAP unit and
						  all related functions; and conducts review of Davis-Bacon Act submissions by
						  subgrantees.
Administrative Specialist II
Prepares purchase orders, process invoices, monitors
						  contract expenditures.
Training Coordinator
Provides training and technical assistance oversees IT
						  applications for subgrantees; provides oversight for all training and technical
						  assistance activities.
Program Monitor
Provides training and technical assistance monitors all
						  aspects of subgrantee operations. Each will handle a caseload of 4 agencies per
						  year; monitor 25% of completed units and conduct diagnostic testing on at least
						  10% of the units monitored. Conducts financial management reviews in
						  conjunction with onsite visits.
Program Monitor
Provides training and technical assistance and monitors
						  all aspects of subgrantee operations. Each will handle a caseload of 4 agencies
						  per year; monitor 25% of completed units and conduct diagnostic testing on at
						  least 10% of the
units monitored. Conducts financial management reviews
						  in conjunction with onsite visits.
Program Monitor
Provides training and technical assistance and monitors
						  all aspects of subgrantee operations. Each will handle a caseload of 4 agencies
						  per year; monitor 25% of completed units and conduct diagnostic testing on at
						  least 10% of the units monitored. Conducts financial management reviews in
						  conjunction with onsite visits.
Program Monitor
Provides training and technical assistance and monitors
						  all aspects of subgrantee operations. Each will handle a caseload of 4 agencies
						  per year; monitor 25% of completed units and conduct diagnostic testing on at
						  least 10% of the units monitored. Conducts financial management reviews in
						  conjunction with onsite visits.
Grants Analyst
Provides training and technical assistance; conducts
						  research and analysis; develops grant applications; conducts procurement
						  training; monitors contract expenditures, process invoices; prepares and
						  submits production reports.
Grants Analyst
Provides training and technical assistance; prepares
						  and submits reports to DOE in PAGE System; coordinates Davis-Bacon Act
						  compliance; process invoices, monitor contract expenditures.
Direct Personnel Compensation:
Position
Salary/Rate __________________
Time ____________
Direct Pay ________________
WAP Program Manager
$153,556
50%
$76,778
Administrative Specialist I
$44,200
100%
$44,200
Administrative Specialist II
$21,827
100%
$21,827
Training Coordinator
$195,544
50%
$97,772
Program Monitor
$57,241
100%
$57,241
Program Monitor
$57,241
100%
$57,241
Program Monitor
$57,241
100%
$57,241
Program Monitor
$57,241
100%
$57,241
Grants Analyst
$57,241
100%
$57,241
Grants Analyst
$57,241
100%
$57,241
Direct Pay Total
$447,712