(1) Disclosure of information concerning applicants for or recipients of weatherization assistance for low income persons is restricted to purposes directly connected with the administration of such aid. Such purposes include establishing eligibility, determining amount of assistance, and providing benefits to or on behalf of applicants and recipients.

(a) When information is released, such information will be accompanied with a notification of the confidentiality of the information and the penalty for misuse of such information. Whenever possible, the department will attempt to obtain prior consent from the applicant or recipient, except in emergency situations where notification will be given after the release of information and in cases where the information is released for legal and investigative actions concerning fraud, collection of support and third party medical recovery.

(1) The department will contract with appropriate community-based organizations in the state to provide outreach, receive and process applications, and provide weatherization services for the low income weatherization assistance program. A local contractor may provide one or all of these functions as designated by the department.

(a) In providing outreach, the local contractor performs activities designed to inform potentially-eligible households of the existence of and the benefits available under the low income weatherization assistance program.

(b) In receiving and processing applications, the designated local contractor determines household eligibility under the rules contained in this chapter.

(c) The designated local contractor shall see that priority is given to identifying and providing weatherization assistance to the elderly, persons with a disability, and children using a computerized listing of households prioritized for service provided by the department and described in ARM 37.71.601. The computerized listing may be amended by the designated local contractor using the procedure described in ARM 37.71.601.

(2) The designated local contractor provides weatherization service for eligible low income persons according to the rules and regulations of the United States department of energy (DOE) as found in 10 CFR 440 and the provisions of the contract for weatherization for low income persons. The department hereby adopts and incorporates by reference 10 CFR 440 which sets forth the specifications, weatherization techniques and material standards for weatherizing low income dwellings. A copy of 10 CFR 440 may be obtained from the Department of Public Health and Human Services, P.O. Box 4210, 111 Sanders, Helena, Montana 59604.

(2) It is the responsibility of the department through the designated local contractor to inform every applicant/ recipient in writing at the time of application and at the time any action affects his benefits of the right to request a fair hearing.

(1) The Office of Inspector General, Program Compliance Bureau (PCB) will have the power and duty to conduct an investigation to determine, based on the evidence gathered, whether a person or household has committed a program violation as defined in ARM 37.71.110.

(2) Requests to investigate suspected program violations must be sent to the department's Intergovernmental Human Services Bureau (IHSB), 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956. IHSB will review cases prior to referral to the PCB.

(1) A person is guilty of a program violation if the person purposely or knowingly obtains weatherization assistance provided under Title 53, chapter 2, part 2, MCA, that the person is not entitled to receive, by means of:

(a) a knowingly false statement, representation, or impersonation; or

(b) a fraudulent scheme or device.

(2) If a person appears to have committed a program violation, the local contractor must report all facts of the matter to the Intergovernmental Human Services Bureau (IHSB) to determine if the case should be referred to the Office of Inspector General, Program Compliance Bureau (PCB). The PCB may refer the matter to the Department of Justice or the county attorney of the county in which the person resides for further action.

(1) An individual who makes application for low income weatherization assistance will receive written notice of eligibility including priority for service. If the applicant is determined ineligible, notification shall include the reasons for nonapproval. 

(2) Households determined eligible but not prioritized high enough to receive service must be redetermined for eligibility after one year from initial application except that redetermination may be made within a year if a reasonable suspicion of change of status occurs.

(3) Notification of eligibility shall contain the following language: "Because of limited funds, homes are weatherized on a priority basis with special consideration given to the elderly, persons with a disability, and children. Households will be notified when funds become available to weatherize the applicant's home. If not notified within one year, the applicant must reapply to be reassigned priority for service."

(1) "Act of God" means an event caused solely by forces of nature without human involvement.

(2) "Child" means a person who is under age 18.

(3) "Disability" means the same as when the term is used in Social Security law purposes and is determined by the Federal Social Security Administration (SSA) under Title II or Title XVI of the Social Security Act. Verification of disability will be demonstrated by persons showing a supplemental security income disability card, Social Security disability check, or award letter.

(4) "Elderly" means a person who is 60 years of age or older.

(5) "Energy burden" means the percentage of a household's income which is allocated to energy costs for the household's dwelling. The energy burden is calculated by dividing the household's actual or estimated annual heating costs by the household's annual income.

(6) "Energy usage" means the amount of energy used over a given period. The annual energy usage is determined by using actual or estimated heating cost over a twelve-month period.

(7) "Weatherization related imminent threat to the health or safety of a household" means any adverse condition in a dwelling that:

(a) relates to a structure, appliance, system, or equipment that directly and significantly impacts the dwelling's energy usage or energy conservation, including but not limited to the dwelling's primary water heating and/or space heating systems; and

(b) creates a serious and immediate risk to the physical health or safety of residents of the dwelling.

(8) "Weatherization services" means improvements, repairs, or other modifications made to a dwelling for the purpose of reducing a household's energy usage.

(1) A household is eligible for the Low Income Weatherization Assistance Program (LIWAP) if:

(a) the household satisfies the financial requirements of (2)(a) or (b) of this rule; and

(b) the household's dwelling satisfies the nonfinancial requirements of ARM 37.71.601.

(2) A household is financially eligible for LIWAP if:

(a) the household is eligible for Low Income Home Energy Assistance Program (LIHEAP) for the current heating season; or

(b) the household is not eligible for LIHEAP for the current heating season because the household's countable income exceeds 150% of the federal poverty level (FPL), but:

(i) the household's countable income does not exceed 200% of the FPL; and

(ii) the household is otherwise eligible for LIHEAP.

(3) If a household has not applied for LIHEAP for the current heating season but wishes to receive weatherization services through LIWAP, the household must complete a LIHEAP application and comply with all requirements of ARM 37.70.305 and 37.70.311. The household is not required to accept LIHEAP benefits in order to receive weatherization services.

(4) In determining whether a household's countable income is at or below 200% of the FPL, the provisions of ARM 37.70.401, 37.70.406, and 37.70.407 will be applied.

(5) In determining whether a household is otherwise eligible for LIHEAP the provisions of ARM 37.70.110, 37.70.401, and 37.70.408 will be applied.

(1) Except as provided in (1)(a), a dwelling is not eligible for weatherization services funded with U.S. Department of Energy (DOE) funds if the dwelling has been weatherized within the fifteen years following the date of the previous weatherization completion.

(a) Regardless of the time limitations imposed in (1), DOE funds may be used at any time to weatherize a dwelling that has been damaged by fire, flood, or act of God if the damage to weatherization materials will not be paid for by insurance.

(2) Except as provided in (2)(a), a dwelling is not eligible for weatherization services funded with NorthWestern Energy free weatherization (NWE) funds if the dwelling has been weatherized within the ten years following the date of the previous weatherization completion.

(a) Regardless of the time limitations imposed in (2), NWE funds may be used at any time to weatherize a dwelling that has been damaged by fire, flood, or act of God if the damage to weatherization materials will not be paid for by insurance.

(3) Except as provided in (3)(a), a dwelling is not eligible for weatherization services funded with LIHEAP weatherization funds if the dwelling has been weatherized within the ten years following the date of the previous weatherization completion. 

(a) Regardless of the time limitations imposed in (3), LIHEAP funds may be used at any time to weatherize a dwelling that has been damaged by fire, flood, or act of God if the damage to weatherization materials will not be paid for by insurance.

(4) Community residential facilities as defined at 76-2-411, MCA, that are the residence for low income elderly individuals or individuals with a disability are eligible for weatherization services.

(5) In determining which eligible households will receive weatherization services and in what order, households in each of the governor's substate planning districts will be ranked by priority according to the following:

(a) The highest priority is given to households with the highest energy burden.

(i) When calculating the energy burden of households containing any of the following, the energy usage shall be multiplied by 1.25:

(A) an elderly household member;

(B) a disabled household member; or

(C) a household with a member who is a child.

(b) Households with the same energy burden are prioritized by highest usage.

(6) If there exists a weatherization-related imminent threat to the health or safety of an eligible household, the home may be given a higher priority than described in (5). It is the obligation of the household to provide proof of an imminent threat to the health or safety of the household to the local contractor. The local contractor must request that the department give the household's dwelling a higher priority.

(7) Weatherization will be scheduled to minimize travel and other nonproductive costs.

(a) If nonproductive costs are excessive, the scheduled home may be delayed for weatherization, but in no instance will the scheduled home be delayed longer than one year or the end of the contract period whichever comes first.

(8) Eligible homes scheduled to receive partial weatherization from any other agency may be prioritized higher to allow coordination and avoid duplication of weatherization services.

(9) If at least 66% of units in a multi-unit building, or 50% for duplexes and four-unit buildings, are eligible for weatherization, and one of the units is prioritized high enough to be scheduled for service, all of the units in the building, including units that are not eligible for weatherization, will be weatherized to avoid nonproductive costs.

(10) When a dwelling is prioritized high enough to be scheduled for weatherization work, the delivery of services will be deferred until a later date if providing the services would pose a threat to the health or safety of either the weatherization installers or any other person. In such cases, the delivery of services will be postponed until the conditions that pose a threat to health or safety have been resolved. The department adopts and incorporates by reference the department's 2022 Weatherization Policy Manual effective July 1, 2022, which outlines the circumstances that justify a deferral of weatherization services. The Weatherization Policy Manual is located at the department's web site at http://dphhs.mt.gov/hcsd/energyassistance/ or a copy may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Intergovernmental Human Services Bureau, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956.

(1) Weatherization assistance is available to eligible households in accordance with the prioritized measures as determined by the State's Computerized Energy Audit (CEA) system.

(2) Dwellings chosen to be weatherized must receive those measures determined to be cost effective as defined in 10 CFR 440, as amended through July 1, 2022. The department adopts and incorporates by reference 10 CFR 440, as amended through July 1, 2022. A copy of these federal regulations is available at https://www.ecfr.gov/current/title-10/chapter-II/subchapter-D/part-440 or may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Intergovernmental Human Services Division, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956.

(3) The department adopts and incorporates by reference the department's 2022 Weatherization Policy Manual and National Renewable Energy Laboratory (NREL) Standard Work Specifications effective July 1, 2022. The Weatherization Policy Manual is located at the department's web site at http://dphhs.mt.gov/hcsd/energyassistance or a copy may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Intergovernmental Human Services Bureau, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620. The NREL Standard Work Specifications are located at the NREL web site at https://sws.nrel.gov/.