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Presentation, discussion, and possible action on the 2024 Department of Energy Weatherization Assistance Program State Plan and Awards
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RECOMMENDED ACTION
recommendation
WHEREAS, the Texas Department of Housing and Community Affairs (the Department) develops and submits a State Plan to the U.S. Department of Energy (DOE) each year to administer the Weatherization Assistance Program (WAP);
WHEREAS, the draft 2024 DOE WAP State Plan (the Plan) was approved for release for public comment at the Board meeting of February 6, 2024;
WHEREAS, the public comment period was open from February 23, 2024, to March 13, 2024, and public comment was received and is summarized in Attachment B of this action;
WHEREAS, consistent with DOE requirements (10 CFR §440.17) and as permitted by Tex. Gov’t Code §2110.005 and 10 TAC §6.408, the Weatherization Assistance Program Policy Advisory Council met on March 14, 2024, and upon review and discussion, recommended in favor of the Plan;
WHEREAS, the Department has prepared the final Plan including a list of the subgrantees to be awarded funds and the proposed award amounts based on the formula contained in 10 TAC §6.404, Distribution of WAP Funds for submission to DOE;
WHEREAS, a Previous Participation Review for the subgrantee awards has yet to be performed and therefore the subgrantees are only recommended for an award subject to a positive recommendation or a recommendation with conditions which may include a completion date earlier than July 1, 2024, and which may be extended by the Executive Director or designee for up to 90 days for good cause; and
WHEREAS, DOE has yet to issue Program Year (PY) 2024 allocations to the States based on the budget authorized by Congress for WAP, therefore, as directed by DOE, the Plan contains PY 2023 budget numbers which will be adjusted by the Department to align with final PY 2024 DOE appropriations once received;
NOW, therefore, it is hereby
RESOLVED, that the Executive Director or his designee are hereby authorized, empowered, and directed, for and on behalf of this Board to submit the Plan to DOE and upon DOE approval of such Plan to contract for the awards represented in the Plan only upon completion of the Previous Participation Review and Approval Process (PPRAP), and subject to a positive recommendation and subject to any conditions which may include a completion date earlier than July 1, 2024, and which may be extended by the Executive Director or designee for up to 90 days for good cause, and in connection therewith to execute, deliver, and cause to be performed such amendments, documents, and other writings such as anticipated grant guidance on development of the Plan from DOE or to make such non-substantive technical corrections as they or any of them may deem necessary or advisable to effectuate the foregoing; and
FURTHER RESOLVED, that any subsequent 2024 DOE WAP funds received will be similarly awarded in accordance with the approved method and formula or as needed to accommodate full utilization of funds among only those providers with the ability to expend additional funds.
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BACKGROUND
DOE weatherization funding provides for the installation of weatherization measures to increase energy efficiency of a home including caulking, weather-stripping, adding ceiling, wall, and floor insulation, patching holes in the building envelope, duct work, and repair or replacement of energy inefficient heating and cooling systems. Additionally, the funds allow for subgrantees to complete financial audits, household energy audits, outreach and engagement activities, and program administration. Weatherization Readiness Funds are also provided which reduce the number of deferred homes that require other services which are outside the scope of weatherization, before weatherization measures can be installed. Further, DOE funding provides for state administration and state training and technical assistance activities.
A draft of the Plan was approved at the Board meeting of February 6, 2024, for release for public comment. The draft Plan and announcement of a public comment period and public hearing was made available on the Department’s website and by listserv email distribution, on February 7, 2024, in addition to being announced in the Texas Register issue dated February 23, 2024. The Department conducted a public hearing on March 6, 2024. The public comment period closed at 5:00 p.m. Central time on March 13, 2024. Public comment was received and is addressed in Attachment B.
DOE regulations also require a Weatherization Assistance Program Policy Advisory Council (WAP PAC) be designated in the Plan in order to provide guidance and comment on the Plan. The WAP PAC members are appointed by the Department and broadly represent organizations and agencies throughout the State that represent low-income persons. The WAP PAC meeting occurred on March 14, 2024, at the conclusion of the public comment period. The WAP PAC members reviewed and discussed the Plan and the comments with Department staff, and all present PAC members expressed support for the Plan.
The Previous Participation Rule (10 TAC, Chapter 1, Subchapter C, §1.302) requires a review of the DOE WAP awards prior to contract execution. At the time of Board Book posting, all awards in Attachment A are still in the Previous Participation Review process. To ensure contracts are executed as quickly as possible, staff is requesting authorization of awards contingent upon the PPRAP and a positive recommendation or a recommendation with conditions which may include a completion date earlier than July 1, 2024, and which may be extended by the Executive Director or designee for up to 90 days for good cause. If a subgrantee disagrees with a recommendation with conditions, it should follow the dispute process in 10 TAC §1.303. No contracts will be entered into without having gone through the PPRAP process first and a positive recommendation or recommendation with conditions. Conditions may have to be met before contracts may begin.