BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.71.107, 37.71.110, 37.71.404, 37.71.601, and 37.71.602 pertaining to low income weatherization assistance program

) ) ) ) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On August 25, 2022, at 1:00 p.m., the Department of Public Health and Human Services will hold a public hearing via remote conferencing to consider the proposed amendment of the above-stated rules. Interested parties may access the remote conferencing platform in the following ways:

            (a) Join Zoom Meeting at: https://mt-gov.zoom.us/j/86961229513?pwd=S3hWZGR0YnVMY0lUanM5QkdkYWwwZz09

Meeting ID: 869 6122 9513, Password: 163002; or

            (b) Dial by telephone +1 646 558 8656, Meeting ID: 869 6122 9513, Password: 163002.

Find your local number: https://mt-gov.zoom.us/u/kedXTsT0RU.

 

2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Public Health and Human Services no later than 5:00 p.m. on August 11, 2022, to advise us of the nature of the accommodation that you need. Please contact Kassie Thompson, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

37.71.107 REFERRALS TO THE QUALITY ASSURANCE DIVISION OFFICE OF INSPECTOR GENERAL, PROGRAM COMPLIANCE BUREAU 

(1) The Quality Assurance Division 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.

 

AUTH: 53-2-201, 90-4-201, MCA

IMP: 90-4-201, 90-4-202, MCA

 

37.71.110 WEATHERIZATION ASSISTANCE PROGRAM VIOLATIONS

(1) remains the same.

(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 department's Quality Assurance Division 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.

 

AUTH: 53-2-201, 90-4-201, MCA

IMP: 90-4-201, 90-4-202, MCA

 

37.71.404 LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM, ELIGIBILITY (1) remains the same.

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

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

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

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

(ii) the household is otherwise eligible for LIEAP LIHEAP.

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

(4) remains the same.

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

 

AUTH: 53-2-201, MCA

IMP: 53-2-201, 90-4-201, 90-4-202, MCA

 

37.71.601 ELIGIBILITY FOR WEATHERIZATION SERVICE: PRIORITIES

(1) remains the same.

(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 address a weatherization related imminent threat to the health or safety of an otherwise eligible household or to replace or make cost effective modifications to an otherwise eligible household's heating system to utilize a less expensive energy source.

(b) remains the same but is renumbered (a).

(3) Except as provided in (3)(a), a dwelling is not eligible for weatherization services funded with LIEAP 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 (2), LIEAP funds may be used at any time to address a weatherization related imminent threat to the health or safety of an otherwise eligible household or to replace or make cost effective modifications to an otherwise eligible household's heating system to utilize a less expensive energy source.

(b)(a) Regardless of the time limitations imposed in (3), LIEAP 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) and (6) remain the same.

(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, at a later date 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 percent% of the units in a multi-unit building, or 50 percent% 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 Assistance Program (WAP) Policy Manual effective July 1, 2021 July 1, 2022, which outlines the circumstances that justify a deferral of weatherization services. The WAP Weatherization Policy Manual is located at the department's web site at http://dphhs.mt.gov/hcsd/energyassistance.aspx https://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.

 

AUTH: 53-2-201, 90-4-201, MCA

IMP: 53-2-201, 90-4-201, 90-4-202, MCA

 

37.71.602 DETERMINING LOW INCOME WEATHERIZATION ASSISTANCE (1) Weatherization assistance will be made 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, 2021 July 1, 2022. The department adopts and incorporates by reference 10 CFR 440, as amended through July 1, 2021 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, 111 N. Jackson St. 1400 Carter Drive, P.O. Box 202925 202956, Helena, MT 59620-2925 2956.

            (3) The department adopts and incorporates by reference the department's 2022 Weatherization Assistance Program (WAP) Policy Manual and National Renewable Energy Laboratory (NREL) Standard Work Specifications effective July 1, 2021 July 1, 2022. The WAP Weatherization Policy Manual is located at the department's web site at http://dphhs.mt.gov/hcsd/energyassistance.aspx https://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. The NREL Standard Work Specifications are located at the NREL web site at https://sws.nrel.gov/.

 

AUTH: 53-2-201, 90-4-201, MCA

IMP: 53-2-201, 90-4-201, 90-4-202, MCA

 

            4. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (department) proposes to amend ARM 37.71.107, 37.71.110, 37.71.404, 37.71.601, and 37.71.602 pertaining to the Low Income Weatherization Assistance Program (LIWAP). LIWAP is a program to help low income households save home heating costs and address health and safety issues.  It is necessary to amend the referenced rules to update program and agency names, incorporate the most recent versions of policy and standardization manuals, update references to federal regulations (CFR), and to clarify language.

 

ARM 37.71.107 and 37.71.110

The department proposes changing "Quality Assurance Division" to "Office of Inspector General" to reflect changes in the agency name.

 

ARM 37.71.404 and 37.71.601

The department proposes changing all references to Low Income Energy Assistance Program (LIEAP) to Low Income Home Energy Assistance Program (LIHEAP). This change is necessary to reflect the change in program name. Minor changes in punctuation are proposed to improve clarity.

 

ARM 37.71.601(2)(a); (3)(a)

The department proposes to remove the allowance to only address a furnace emergency.  These subsections are being removed as heating system replacement first requires Energy Conservation Measure (ECM) testing to determine the Savings-to-Investment Ratio, which requires a complete weatherization audit of the home. In these situations, other means are available to fund health and safety repairs or the replacement of an eligible heating system.

 

ARM 37.71.601(10)

The department proposes incorporating by reference the 2022 Weatherization Policy Manual, amending the effective date to the July 1, 2022, for the 2022 program year, and providing an updated URL. These changes are necessary to ensure readers can locate and review the appropriate policy manual.

 

ARM 37.71.602

The department proposes updating the reference to the CFR. This is necessary to ensure the most current edition of 10 CFR, Part 440 is utilized.  Minor language changes are proposed to improve clarity.

 

The department also proposes incorporating by reference the updated 2022 Weatherization Policy Manual and the National Renewal Energy Laboratory (NREL) Standard Work Specifications (SWS), and to provide web addresses for both.  These changes are necessary to notify users of the most recent weatherization measures and standards being used by the department.

 

Fiscal Impact

 

The Low Income Energy Assistance Program, the U.S. Department of Energy, and Bonneville Power Administration are 100% federally funded. NorthWestern Energy is 100% utility funded. The department estimates Montana will receive the same amount in utility funds, compared to last heating season. It is estimated that 17,500 households will qualify for weatherization benefits this year, which is comparable to last year.

 

5. These amendments will be effective upon the day after the date of publication of the adoption notice.

 

            6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to:  Kassie Thompson, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail [email protected], and must be received no later than 5:00 p.m., September 2, 2022.

 

7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ HEIDI SANDERS                                   /s/ CHARLES T. BRERETON                         

Heidi Sanders                                             Charles T. Brereton, Director

Rule Reviewer                                            Department of Public Health and Human Services

 

 

Certified to the Secretary of State July 26, 2022.