reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.302 - Purpose and Goals

Current through Reg. 49, No. 28; July 12, 2024
The purpose of CEAP is to assist low-income Households,
					 particularly those with the lowest incomes, and High Energy Consumption
					 Households to meet their immediate home energy needs. The LIHEAP Statute
					 requires priority be given to those with the highest home energy needs, meaning
					 Low Income Households with High Energy Consumption, a High Energy Burden and/or
					 the presence of Vulnerable Population in the Household. CEAP services include:
					 energy education, utility payment assistance, repair of existing heating and
					 cooling units, and crisis-related purchase of portable heating and cooling
					 units.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.303 - Distribution of CEAP Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Department distributes funds to Subrecipients by an allocation
				  formula.
(b) The formula allocates
				  funds based on the number of low income Households in a Service Area and takes
				  into account the special needs of individual Service Areas. The need for energy
				  assistance in an area is addressed through a weather factor (based on heating
				  and cooling degree days). The extra expense in delivering services in sparsely
				  populated areas is addressed by an inverse population density factor. The lack
				  of additional services available in very poor counties is addressed by a county
				  median income factor. Finally, the Elderly are given priority by giving greater
				  weight to this population. The five factors used in the formula are calculated
				  as:
(1) County Non-Elderly Poverty Household
				  Factor (weight of 40%)--Defined by the Department as the number of Non-Elderly
				  Poverty Households in the county divided by the number of Non-Elderly Poverty
				  Households in the State;
(2) County
				  Elderly Poverty Household Factor (weight of 40%)--Defined by the Department as
				  the number of Elderly Poverty Households in the county divided by the number of
				  Elderly Poverty Households in the State;
(3) County Inverse Household Population
				  Density Factor (weight of 5%)--Defined by the Department as:
(A) The number of square miles of the county
				  divided by the number of Poverty Households of the county (equals the Inverse
				  Poverty Household Population Density of the county); and
(B) Inverse Poverty Household Population
				  Density of the county divided by the sum of Inverse Household
				  Densities;
(4) County
				  Median Income Variance Factor (weight of 5%)--Defined by the Department as:
(A) State Median Income minus the County
				  Median Income (equals county variance); and
(B) County Variance divided by sum of the
				  State County Variances; and
(5) County Weather Factor (weight of
				  10%)--Defined by the Department as:
(A) County
				  heating degree days plus the county cooling degree days, multiplied by the
				  poverty Households, divided by the sum of county heating degree days and county
				  cooling degree days of counties (equals County Weather); and
(B) County Weather divided by the total sum
				  of the State County Weather.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.304 - Deobligation and Reobligation of CEAP Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) A written
				  "Notification of Possible Deobligation" will be sent to the Executive Director
				  and the Board of Directors or other governing body of the Subrecipient by the
				  Department in a timely manner when the Department identifies that a criterion
				  listed in subsection (b) or (c) of this section is at risk of not being
				  met.
(b) The Department may
				  Deobligate funds from all budget categories from Subrecipients whose combined
				  Direct Services Expenditures and Customer Obligations are less than 30% as of
				  the April 15 Monthly Performance and Expenditure Report. Subrecipient may avoid
				  Deobligation at this point if one of the following has occurred:
(1) On or before the first business day in
				  April, the Subrecipient has submitted a written request for an exception due to
				  extenuating circumstances with a plan to improve Direct Services Expenditures
				  and Customer Obligations. The request and plan must be approved by the
				  Department in writing; or
(2) On or
				  before the first business day in April, the Subrecipient has submitted a
				  written request for training and/or technical assistance. Once such assistance
				  has been delivered, as determined by the Department, the Subrecipient must
				  submit a clear specific plan, as outlined by the Department, for improving
				  Direct Services Expenditures and Customer Obligations, and that plan must be
				  approved by the Department in writing.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.305 - Subrecipient Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  administers the program through the existing Subrecipients that have
				  demonstrated that they are operating the program in accordance with their
				  Contract, the Economic Opportunity Act of 1964, the Low-Income Home Energy
				  Assistance Act of 1981, as amended (42 U.S.C. §§
											8621, et seq.), and the Department rules. If
				  a Subrecipient is successfully administering the program, the Department may
				  offer to renew the Contract.
(b) If
				  the Department determines that a Subrecipient is not administering the program
				  satisfactorily, the Subrecipient will be notified of such a Finding as provided
				  for in § 6.11 of this chapter (relating to Compliance Monitoring) or
				  otherwise notify the Subrecipient in accordance with §
										RSA
				  1.411 of this title (relating to
				  Administration of Block Grants under 2105 of the Texas Government Code), and
				  the Subrecipient may be required to take corrective actions to remedy the
				  problem. If Subrecipient fails to correct the Finding, or take other corrective
				  actions, in order to ensure continuity of services, the Department may reassign
				  up to 24.99% of the funds for the Service Area to one or more other existing
				  Subrecipients.
(c) If the
				  Subrecipient does not complete the corrective action within the required
				  timeframe, the Department may conduct a solicitation for selection of an
				  interim Subrecipient. The affected Subrecipient may request a hearing in
				  accordance with the Tex. Gov't Code, §
										RSA
				  2105.204.
(d) If it is necessary to designate a new
				  Subrecipient to administer CEAP, the Department shall give special
				  consideration to Subrecipients receiving funds under LIHEAP or DOE WAP, in
				  accordance with Assurance 6 of the Low Income Home Energy Assistance Act of
				  1981.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.306 - Service Delivery Plan

Current through Reg. 49, No. 28; July 12, 2024
Prior to any Expenditure of funds, Subrecipient is required
					 to submit on an annual basis a Service Delivery Plan (SDP), which includes
					 information on how they plan to implement CEAP in their Service Area. The SDP
					 must: establish a Subrecipient's priority rating sheet and priority Households;
					 the alternate billing method; how customer education is being addressed; how
					 the Subrecipient is determining the number of payments to be made and which
					 types of Households are qualified for a given number of payments; the local
					 standard to be used for Extreme Weather Conditions; and any other requirements
					 imposed by federal or state law. The SDP must be submitted on or before a date
					 specified by the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.307 - Subrecipient Requirements for Customer Eligibility Criteria, Provision of Services, and Establishing Priority for Eligible Households

Current through Reg. 49, No. 28; July 12, 2024
(a) The customer
				  income eligibility level is at or below 150% of the federal poverty level in
				  effect at the time the customer makes an application for services.
(b) Categorical Eligibility for CEAP benefits
				  exists when at least one person in the Household receives assistance from:
(1) SSI payments from the Social Security
				  Administration;
(2) Means Tested
				  Veterans Program payments. See paragraph (38) of §
											6.2 of this chapter (relating to
				  Definitions);
(3) Supplemental
				  Nutrition Assistance Program (SNAP); or
(4) Temporary Assistance for Needy Families
				  (TANF).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.308 - Allowable Subrecipient Administrative and Program Services Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) Funds available
				  for Subrecipient administrative activities will be calculated by the Department
				  as a percentage of direct services Expenditures. Administrative costs shall not
				  exceed the maximum percentage of total direct services Expenditures, as
				  indicated in the Contract. All other administrative costs, exclusive of
				  administrative costs for program services, must be paid with nonfederal funds.
				  Allowable administrative costs for administrative activities includes costs for
				  general administration and coordination of CEAP, and all indirect (or overhead)
				  costs, and activities as described in paragraphs (1) - (7) of this subsection:
(1) Salaries;
(2) Fringe benefits;
(3) Non-training travel;
(4) Equipment;
(5) Supplies;
(6) Audit (limited to percentage of the
				  contract expenditures, excluding training/travel costs as indicated in the
				  Contract); and
(7) Office space
				  (limited to percentage of the contract expenditures, excluding training/travel
				  costs as indicated in the Contract).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.309 - Types of Assistance and Benefit Levels

Current through Reg. 49, No. 28; July 12, 2024
(a) Allowable CEAP
				  Expenditures include customer education, utility payment assistance, repair of
				  existing heating and cooling units, purchase of heating and cooling units when
				  none exist, and crisis-related purchase of portable heating and cooling
				  units.
(b) Total maximum possible
				  annual Household benefit (all allowable benefits combined) shall not exceed
				  $12,300 during a Program Year, not including arrears.
(c) Benefit determinations are based on the
				  Household's income (even if the Household is Categorically Eligible), the
				  Household size, Vulnerable Populations in the Household, plus other priority
				  status, whether a Household has one or more Unqualified Aliens for which
				  calculation adjustments must be made as described in paragraphs (1) and (2) of
				  this subsection, and the availability of funds.
(1) Count income for all Household members 18
				  years of age and older, including Unqualified Aliens; and
(2) Adjust the Household size for determining
				  eligibility and benefit assistance level to exclude all Unqualified
				  Aliens.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.310 - Crisis Assistance Component

Current through Reg. 49, No. 28; July 12, 2024
(a) Crisis
				  Assistance can be provided to persons who have already lost service or are in
				  immediate danger of losing service only under one of the conditions listed in
				  paragraphs (1) - (3) of this subsection, and shall not exceed the caps as
				  defined in §
										6.309 of this subchapter (relating
				  to Types of Assistance and Benefit Levels):
(1) Extreme Weather Conditions, as defined in
				  §
											6.301 of this subchapter (relating
				  to Background and Definitions), with assistance provided within 48
				  hours;
(2) Disaster, as defined in
				  §
											6.301 of this subchapter, with
				  assistance provided within 48 hours; or
(3) Life Threatening Crisis, as defined in
				  §
											6.301 of this subchapter, with
				  assistance provided within 18 hours.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.311 - Utility Assistance Component

Current through Reg. 49, No. 28; July 12, 2024
(a) A Subrecipient
				  may use home energy payments to assist Low Income Households to reduce their
				  home energy costs. Subrecipient shall combine home energy payments with energy
				  conservation tips, participation by utilities, and coordination with other
				  services in order to assist low income Households to reduce their home energy
				  needs.
(b) Subrecipient must make
				  payments directly to vendors and/or landlords on behalf of eligible
				  Households.
(c) For Vulnerable
				  Population Households, service and repair of existing heating and cooling units
				  is allowed when the Household has an inoperable heating or cooling system or
				  the system is not functioning according to its intended purpose. If a
				  component(s) of the heating or cooling system cannot be repaired using parts,
				  the Subrecipient can replace the component(s) in order to repair the heating or
				  cooling system. If a heating or cooling system is nonexistent, purchase of
				  heating or cooling, or heating and cooling units for up to $7,500 is allowed.
				  The cost shall not exceed $7,500 and will not be counted towards the total
				  maximum benefit level per Household under the Utility Assistance Component.
				  Subrecipients may leverage this type of assistance with LIHEAP and/or DOE
				  Weatherization.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.312 - Payments to Subcontractors and Vendors

Current through Reg. 49, No. 28; July 12, 2024
(a) A bi-annual
				  Vendor Agreement is required to be implemented by the Subrecipient and shall
				  contain assurances as to fair billing practices, delivery procedures, and
				  pricing procedures for business transactions involving CEAP beneficiaries. The
				  Subrecipient must use the Department's current Vendor Agreement template. These
				  agreements are subject to monitoring procedures performed by the Department
				  staff.
(b) Subrecipient shall
				  maintain proof of payment to Subcontractors and vendors as required by Chapter
				  1, Subchapter D of this title (relating to Uniform Guidance for Recipients of
				  Federal and State Funds).
(c)
				  Subrecipient shall notify each participating Household of the amount of
				  assistance to be paid on its behalf. Subrecipient shall document this
				  notification.
(d) Subrecipients
				  shall use the Vendor Payment method for CEAP components. Subrecipient shall not
				  make cash payments directly to eligible Household for any of the CEAP
				  components.
(e) Payments to vendors
				  for which a valid Vendor Agreement is not in place may be subject to disallowed
				  costs unless prior written approval is obtained from the Department.
(f) A Vendor Refund is program income and
				  must be reimbursed to the Subrecipient, and not the customer. When a Vendor
				  Refund is issued, Subrecipient shall determine which TDHCA Contract the
				  payment(s) was charged to, the Household associated to the payment, and if the
				  Contract remains open.
(1) If the Contract
				  remains open, Subrecipient must enter the amount into the Contract System in
				  the appropriate budget line item into the adjustment column in the next monthly
				  report, and make the appropriate note in the system. This will credit back the
				  Vendor Refund for the Subrecipient to expend on eligible expenses.
(2) If the Contract is closed, Subrecipient
				  must return the Vendor Refund to the Department within ten calendar days of
				  receipt. The payment must contain the Contract number and appropriate budget
				  line item associated with the refund.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter C - COMPREHENSIVE ENERGY ASSISTANCE PROGRAM › Section 6.313 - Outreach, Accessibility, and Coordination

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department may continue to develop
				  interagency collaborations with other low-income program offices and energy
				  providers to perform outreach to targeted groups.
(b) Subrecipient shall conduct outreach
				  activities. Outreach activities may include:
(1) Providing information through home
				  visits, site visits, group meetings, or by telephone for disabled low-income
				  persons;
(2) Distributing
				  posters/flyers and other informational materials via websites and social media
				  and at local and county social service agencies, offices of aging, Social
				  Security offices, etc.;
(3)
				  Providing information on the program and eligibility criteria in articles in
				  local newspapers or broadcast media announcements;
(4) Coordinating with other low-income
				  services to provide CEAP information in conjunction with other
				  programs;
(5) Providing information
				  on one-to-one basis for applicants in need of translation or interpretation
				  assistance;
(6) Providing CEAP
				  applications, forms, and energy education materials in English and Spanish (and
				  other appropriate language(s));
(7)
				  Working with energy vendors in identifying potential applicants;
(8) Assisting applicants to gather needed
				  documentation; and
(9) Mailing
				  information and applications.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.401 - Background

Current through Reg. 49, No. 28; July 12, 2024
The Weatherization Assistance Program was established by
					 the Energy Conservation in Existing Buildings Act of 1976, as amended
					 42 U.S.C. §§
											6851, et seq. The Department funds the
					 Weatherization Programs through the Department of Energy Weatherization
					 Assistance Program (DOE-WAP) which is funded through the U.S. Department of
					 Energy Weatherization Assistance Program for Low Income Persons grant and the
					 Low Income Home Energy Assistance Program Weatherization Assistance Program
					 (LIHEAP-WAP) which is funded through the U.S. Department of Health and Human
					 Services' Low-Income Home Energy Assistance Program (LIHEAP)
					 grant.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.402 - Purpose and Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) DOE-WAP and
				  LIHEAP-WAP offers awards to Private Nonprofit Organizations, and Public
				  Organizations with targeted beneficiaries being Households with low incomes,
				  with priority given to Vulnerable Populations, High Energy Burden, and
				  Households with High Energy Consumption. In addition to meeting the
				  income-eligibility criteria, the weatherization measures to be installed must
				  meet specific energy-savings goals. Neither of these programs are entitlement
				  programs and there are not sufficient funds to serve all customers that may be
				  eligible.
(b) The programs fund the
				  installation of weatherization materials and provide energy conservation
				  education. The programs help control energy costs to ensure a healthy and safe
				  living environment.
(c)
				  Organizations administering a Department-funded weatherization program must
				  administer both the DOE-WAP and the LIHEAP-WAP. Organizations that have one
				  Weatherization program removed will have both program removed. If it is
				  necessary to designate a new Subrecipient to administer WAP, the Department
				  shall give special consideration to Subrecipients receiving funds under LIHEAP
				  or DOE WAP, in accordance with Assurance 6 of the Low Income Home Energy
				  Assistance Act of 1981, as amended.
(d) The Department shall administer and
				  implement the DOE-WAP program in accordance with DOE rules ( 10 CFR Part 440
				  and active DOE WAP Program Notices/Memorandums and the current DOE State Plan).
				  The Department shall administer and implement the LIHEAP-WAP program in
				  accordance with a combination of LIHEAP statute (42 U.S.C. §§
											6861, et seq.) and DOE rules. LIHEAP
				  Weatherization measures may be leveraged with DOE Weatherization measures in
				  which case all DOE rules and requirements as described in this title and in the
				  Contract will apply.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.403 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Department of
				  Housing and Urban Development (HUD)--Federal department that provides funding
				  for certain housing and community development activities.
(b) Electric Base-Load Measure
				  (EBL)--Weatherization measures which address the energy efficiency and energy
				  usage of lighting and appliances.
(c) Energy Audit--The energy audit software
				  and procedures used to determine the cost effectiveness of Weatherization
				  measures to be installed in a Dwelling Unit.
(d) Energy Repairs--Weatherization-related
				  repairs necessary to protect or complete regular Weatherization energy
				  efficiency measures.
(e)
				  Multifamily Dwelling Unit--A structure containing more than one Dwelling
				  Unit.
(f) Priority List--For
				  LIHEAP-WAP only, a list developed by the Department, as may be updated from
				  time to time, which provides the prescribed method to be used by Subrecipients
				  when addressing weatherization measures. For DOE-WAP only, a list currently
				  approved by DOE, which provides the prescribed method to be used by
				  Subrecipients when addressing weatherization measures.
(g) Rental Unit--A Dwelling Unit occupied by
				  a person who pays rent for the use of the Dwelling Unit.
(h) Renter--A person who pays rent for the
				  use of the Dwelling Unit.
(i)
				  Reweatherization--If a Dwelling Unit has been damaged by fire, flood, or act of
				  God and repair of the damage to Weatherization materials is not paid for by
				  insurance; or if a Dwelling Unit was partially weatherized in the previous 15
				  years, the Dwelling Unit may be reweatherized to receive further weatherization
				  assistance.
(j) Shelter--A Dwelling
				  Unit or Units whose principal purpose is to house on a temporary basis
				  individuals who may or may not be related to one another and who are not living
				  in nursing homes, prisons, or similar institutional care facilities.
(k) Significant Energy Savings--A Savings to
				  Investment Ratio (SIR) of 1.0 or greater.
(l) Single Family Dwelling Unit--A structure
				  containing no more than one Dwelling Unit.
(m) Weatherization Assistance Program Policy
				  Advisory Council (WAP PAC)--The WAP PAC was established by the Department in
				  accordance with 10 CFR
				  §
											440.17 to provide advisory services in
				  regards to the DOE WAP program.
(n)
				  Weatherization Material--The material listed in Appendix A of 10 CFR Part
				  440.
(o) Weatherization--A program
				  conducted to reduce heating and cooling demand of Dwelling Units that are
				  energy inefficient.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.404 - Distribution of WAP Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for the
				  Reobligation of Deobligated funds, the Department distributes funds to
				  Subrecipients by an allocation formula.
(b) The allocation formula allocates funds
				  based on the number of Low Income Households in a Service Area and takes into
				  account certain special needs of individual Service Areas, as set forth in this
				  subsection. The need for energy assistance in an area is addressed through a
				  weather factor (based on heating and cooling degree days). The extra expense in
				  delivering services in sparsely populated areas is addressed by an inverse
				  Population Density factor. The lack of additional services available in very
				  poor counties is addressed by a county median income factor. Finally, the
				  Elderly are given priority by giving greater weight to this population. The
				  five factors used in the formula are calculated as follows:
(1) County Non-Elderly Poverty Household
				  Factor--The number of Non-Elderly Poverty Households in the County divided by
				  the number of Non-Elderly Poverty Households in the State;
(2) County Elderly Poverty Household
				  Factor--The number of Elderly Poverty Households in the county divided by the
				  number of Elderly Poverty Households in the State;
(3) County Inverse Household Population
				  Density Factor--
(A) The number of square
				  miles of the county divided by the number of Households of the county (equals
				  the inverse Household population density of the county); and
(B) Inverse Household Population density of
				  the county divided by the sum of inverse Household densities;
(4) County Median Income Variance
				  Factor--
(A) State median income minus the
				  county median income (equals county variance); and
(B) County variance divided by sum of the
				  State county variances; and
(5) County Weather Factor--
(A) County heating degree days plus the
				  county cooling degree days, multiplied by the poverty Households, divided by
				  the sum of county heating and cooling degree days of counties (equals County
				  Weather); and
(B) County Weather
				  divided by the total sum of the State County Weather.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.406 - Subrecipient Requirements for Establishing Household Eligibility and Priority Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The structure's
				  design must allow for energy conservation retrofits and meet the definition of
				  a Dwelling Unit per §
										6.2 of this chapter (relating to
				  Definitions).
(b) A Dwelling Unit
				  cannot be served if a single meter is utilized by another Dwelling Unit that is
				  not a part of the application for assistance. In instances where separate
				  structures share a meter and the applicant is otherwise eligible for
				  assistance, Subrecipient must provide services if:
(1) The members of the separate structures
				  that share a meter submit a separate Household application to include all
				  persons and applicable income for each Dwelling Unit attached to the meter;
				  and
(2) All Household Dwelling
				  Units served by the meter are determined eligible to receive weatherization
				  benefits.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.407 - Program Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Dwelling
				  Unit weatherized requires completion of a written whole house assessment.
				  Subrecipient must perform the whole house assessment then let that assessment
				  guide whether the Dwelling Unit is best served through DOE and/or LIHEAP-WAP
				  funds utilizing the Energy Audit or Priority List(s) as applicable.
(b) Any Dwelling Unit that is weatherized
				  using DOE funds must either use the State of Texas approved Energy Audit or DOE
				  approved Priority List as a guide for installed measures. A Subrecipient
				  combining DOE funds with LIHEAP-WAP funds on an individual Dwelling Unit or
				  building may use the Energy Audit to justify all measures installed or utilize
				  the DOE and LIHEAP Priority Lists together to address all measures
				  allowed.
(c) Any Dwelling Unit that
				  is weatherized using LIHEAP only must be completed using the LIHEAP Priority
				  List as a guide for installed measures.
(d) If a Subrecipient's Weatherization work
				  does not consistently meet DOE Standard Work Specifications Weatherization
				  standards, the Department may proceed with the removal of the programs from the
				  Subrecipient.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.409 - LIHEAP Weatherization Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Allowable Expenditure per Dwelling Unit.
				  Expenditures of financial assistance provided under LIHEAP-WAP funding for the
				  weatherization services for labor, Weatherization materials, and program
				  support shall not exceed the allowable figure as set forth in the current
				  Contract, without prior written approval from the Department. The cumulative
				  cost per unit (materials, labor and program support), shall not exceed the
				  maximum allowable by the end of the Contract Term.
(b) Allowable Activities. Subrecipient is
				  limited to Weatherization measures as detailed in the Priority List Exhibit to
				  the Weatherization Contract. Measures must be addressed according to the
				  instructions in the Exhibit.
(c)
				  Outreach and Accessibility. Subrecipient shall conduct outreach activities,
				  which may include but are not limited to:
(1)
				  Providing information through home visits, site visits, group meetings, or by
				  telephone for disabled low-income persons;
(2) Distributing posters/flyers and other
				  informational materials at local and county social service agencies, offices of
				  aging, social security offices, etc.;
(3) Providing information on the program and
				  eligibility criteria in articles in local newspapers or broadcast media
				  announcements;
(4) Coordinating
				  with other low-income services to provide LIHEAP information in conjunction
				  with other programs;
(5) Providing
				  information on one-to-one basis for applicants in need of translation or
				  interpretation assistance;
(6)
				  Providing LIHEAP applications, forms, and energy education materials in English
				  and Spanish (and other appropriate language);
(7) Working with energy vendors in
				  identifying potential applicants;
(8) Assisting applicants to gather needed
				  documentation; and
(9) Mailing
				  information and applications.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.410 - Liability Insurance and Warranty Requirement

Current through Reg. 49, No. 28; July 12, 2024
Subrecipient Weatherization work shall be covered by
					 general liability insurance for an amount not less than combined total of
					 materials, labor, support and health and safety. The Department strongly
					 recommends Pollution Occurrence Insurance to be part of or an addendum to
					 Subrecipient's general liability insurance coverage. Subrecipient must ensure
					 that each Subcontractor performing Weatherization activities maintain adequate
					 insurance coverage for all units to be weatherized. Weatherization contractors
					 must provide a one-year warranty on their work for parts and labor; the period
					 for the warranty coverage shall begin at the completion of installation. If
					 Subrecipient relinquishes its Weatherization program, Weatherization work
					 completed within 12 months of the date of surrender of the program, must be
					 covered by general liability insurance or contractor warranty. Public
					 Organizations that have self insurance complying with Tex. Gov't Code Chapter
					 2259 covering weatherization work, may, but are not required to, purchase
					 additional coverage.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.411 - Customer Education

Current through Reg. 49, No. 28; July 12, 2024
Subrecipient shall provide customer education to each WAP
					 customer on energy conservation practices. Subrecipient shall provide education
					 to identify energy waste, manage Household energy use, and strategies to
					 promote energy savings. Subrecipient is encouraged to use oral, written, and
					 visual educational materials.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.412 - Mold-Like Substances

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  Subrecipient's energy auditor discovers the presence of mold-like substances
				  that the Weatherization Subcontractor cannot adequately address, then the
				  Dwelling Unit shall be referred to the Texas Department of Licensing and
				  Regulation or its successor agency.
(b) The Subrecipient shall provide the
				  applicant written notification that their home cannot, at this time, be
				  weatherized and why. Subrecipient shall also inform the applicant in writing
				  that they should contact the Texas Department of Licensing and Regulation, or
				  successor agency, to report the presence of mold-like substances. The applicant
				  should be advised that when the issue is resolved they may reapply for
				  Weatherization. Should the applicant reapply for Weatherization, the
				  Subrecipient must obtain written documentation of resolution of the issue from
				  the applicant prior to proceeding with any Weatherization work.
(c) If the energy auditor determines that the
				  mold-like substance is treatable and covers less than the 25 contiguous square
				  feet limit allowed to be addressed by the Texas Department of Licensing and
				  Regulation's, or successor agency's guidelines, the Subrecipient shall notify
				  the applicant of the existence of the mold-like substance and potential health
				  hazards, the proposed action to eliminate the mold-like substance, that no
				  guarantee is offered that the mold-like substance will be eliminated, and that
				  the mold-like substance may return. The energy auditor must obtain written
				  approval from the applicant to proceed with the Weatherization work, and
				  maintain the documentation in the customer file.
(d) Subrecipient shall be responsible for
				  providing mold training to their employees and Weatherization
				  Subcontractors.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.413 - Lead Safe Practices

Current through Reg. 49, No. 28; July 12, 2024
Subrecipient are required to document that its
					 Weatherization staff as well as all Subcontractors follow the Environmental
					 Protection Agency's Renovation, Repair and Painting Program (RRP) Final Rule,
					 40 CFR Part 745 and HUD's Lead Based Housing Rule, 24 CFR Part 35 , as
					 applicable.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.415 - Health and Safety and Unit Deferral

Current through Reg. 49, No. 28; July 12, 2024
(a) Health and Safety expenditures at the end
				  of the Contract Term for DOE WAP and LIHEAP WAP may not exceed the amount equal
				  to the Health and Safety budget, divided by the sum of Materials/Program
				  Support/Labor budget and the Health and Safety budget. The budget line items
				  are identified in the Budget and Performance Statement of the DOE WAP and
				  LIHEAP WAP Contracts.
(b)
				  Subrecipient shall provide Weatherization services with the primary goal of
				  energy efficiency. The Department considers establishing a healthy and safe
				  home environment to be important to ensuring that energy savings result from
				  Weatherization work.
(c)
				  Subrecipient must test for high carbon monoxide (CO) levels and bring CO levels
				  to acceptable levels before Weatherization work can start. The Department has
				  defined maximum acceptable CO readings in its Standard Work
				  Specifications.
(d) A Dwelling Unit
				  shall not be weatherized when there is a potentially harmful situation that may
				  adversely affect the occupants or the Subrecipient's Weatherization crew and
				  staff, or when a Dwelling Unit is found to have structural concerns that render
				  the Dwelling Unit unable to benefit from Weatherization. The Subrecipient must
				  declare their intent to defer Weatherization on an eligible unit on the
				  assessment form. The assessment form should include the customer's name and
				  address, dates of the assessment, and the date on which the customer was
				  informed of the issue in writing. The written notice to the customer must
				  include a clear description of the problem, conditions under which
				  Weatherization could continue, the responsibility of all parties involved, and
				  any rights or options the customer has. A copy of the notice must be given to
				  the customer, and a signed copy placed in the customer application file. Only
				  after the issue has been corrected to the satisfaction of the Subrecipient
				  shall Weatherization work begin.
(e) If structural concerns or health and
				  safety issues identified (which would be exacerbated by any Weatherization work
				  performed) on an individual Dwelling Unit cannot be abated within program rules
				  or within the allowable WAP limits, the Dwelling Unit exceeds the scope of this
				  program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.416 - Whole House Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Subrecipient
				  must conduct a whole house assessment on all eligible Dwelling Units. Whole
				  house assessments must be used to determine whether the Priority List or an
				  Energy Audit is most appropriate for the unit. Whole house assessments must
				  collect all required Energy Audit information to include all the items
				  described in paragraphs (1) - (15) of this subsection:
(1) Wall--Condition, type, orientation, and
				  existing R-values;
(2)
				  Windows--Condition, type material, glazing type, leakiness, and solar
				  screens;
(3) Doors--Condition,
				  type;
(4) Attic--Type, condition,
				  existing R-values, and ventilation;
(5) Foundation--Condition, existing R-values,
				  and floor height above ground level;
(6) Heating System--For all systems: unit
				  type, fuel source (primary or secondary), thermostat, and output; for
				  combustion systems only: vented or unvented efficiency, CO-levels, complete
				  fuel gas analysis, gas leaks, and combustion venting;
(7) Cooling System--Unit type, condition,
				  area cooled, size in BTU rating, Seasonal Energy Efficiency Rating (SEER) or
				  Energy Efficiency Rating (EER), manufacture date, and thermostat;
(8) Duct System--Condition, existing
				  insulation level, evaluation of registers, duct infiltration, return air
				  register size, and condition of plenum joints;
(9) Water Heater--For all water heaters:
				  condition, fuel type, energy factor, recovery efficiency, input and output
				  ratings, size, existing insulation levels, existing pipe insulation; for
				  combustion water heaters only: carbon monoxide levels, draft test, complete
				  fuel gas analysis;
(10)
				  Refrigerator--Condition, manufacturer, manufacture date and make, model, and
				  consumption reading (minutes and meter reading); customer refusal must be
				  documented;
(11) Lighting
				  System--Quantity, watts, and estimated hours used per day;
(12) Water Savers--Number of showerheads,
				  estimated gallons per minute and estimated minutes used per day;
(13) Health and Safety--For all units: smoke
				  detectors, wiring, minimum air exchange, moisture problems, lead paint present,
				  asbestos siding present, condition of chimney, plumbing problems, mold; for
				  units with combustion appliances: unvented space heaters, carbon monoxide
				  levels on all combustion appliances, carbon monoxide detectors;
(14) Air Infiltration--To be determined from
				  Blower Door testing; areas requiring air sealing will be noted; and
(15) Repairs--Measures needed to preserve or
				  protect installed Weatherization measures may include lumber, shingles,
				  flashing, siding, masonry supplies, minor window repair, gutters, downspouts,
				  paint, stains, sealants, and underpinning.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.417 - Blower Door Standards

Current through Reg. 49, No. 28; July 12, 2024
Subrecipient is required to use the most current Blower
					 Door and Duct Blaster Data Sheet form adopted by the Department and available
					 on the Department's website.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter E - LOW INCOME HOUSEHOLD WATER ASSISTANCE › Section 6.501 - Background

Current through Reg. 49, No. 28; July 12, 2024
The Low Income Household Water Assistance Program (LIHWAP)
					 is funded through the Consolidated Appropriations Act, 2021 (
					 Public Law
					 116-260 ) signed on December 27, 2020, and the
					 American Rescue Plan Act of 2021 signed on March 11, 2021. LIHWAP is a
					 federally funded temporary program that is implemented to serve Low Income
					 Households who seek assistance for their water and wastewater bills. LIHWAP is
					 not an entitlement program, and there are not sufficient funds to serve all
					 eligible customers.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter E - LOW INCOME HOUSEHOLD WATER ASSISTANCE › Section 6.502 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
Due to LIHWAP's temporary nature, LIHWAP requirements are
					 described in the LIHWAP State Plan and Subrecipient Contracts. The LIHWAP Plan
					 can be found on the Department's website.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter E - LOW INCOME HOUSEHOLD WATER ASSISTANCE › Section 6.503 - Deobligation and Reobligation of LIHWAP Funds

Current through Reg. 49, No. 28; July 12, 2024
The Department may Deobligate funds from Subrecipients who
					 do not meet contract or expenditure benchmarks as described in the Contract,
					 and Reobligate those funds to other entities in the Service Area, in the State,
					 or keep the funding for other eligible purposes in its sole
					 discretion.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 7.1 - Purpose and Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules
				  established in this Chapter relate to Homeless Programs, for which the General
				  Provisions provided in this subchapter apply to all of the Homeless Programs,
				  unless otherwise noted. Additional program specific requirements are contained
				  within each program subchapter.
(b)
				  The Homeless Programs administered by the Texas Department of Housing and
				  Community Affairs (the "Department") support the Department's statutorily
				  assigned mission to address homelessness among Texans.
(c) The Department accomplishes this mission
				  by acting as a conduit for state and federal funds directed for homelessness
				  programs. Ensuring program compliance with the state and federal laws that
				  govern these programs is another important part of the Department's mission.
				  Oversight and program mandates ensure state and federal resources are expended
				  in an efficient and effective manner.
(d) Unless otherwise noted herein or required
				  by federal law or regulation, or state statute, all provisions of this chapter
				  apply to any Application received for federal funds and any Contract of state
				  funds on or after the effective date of this rule.