37.71.601 ELIGIBILITY FOR WEATHERIZATION SERVICE: PRIORITIES

(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

(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.

History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2008 MAR p. 1592, Eff. 8/1/08; AMD, 2016 MAR p. 1574, Eff. 9/3/16; AMD, 2017 MAR p. 2197, Eff. 11/25/17; AMD, 2018 MAR p. 1885, Eff. 9/22/18; AMD, 2019 MAR p. 545, Eff. 7/1/19; AMD, 2021 MAR p. 621, Eff. 7/1/21; AMD, 2022 MAR p. 1874, Eff. 9/24/22.