ENERGY OUTWEST CONFERENCE

REGULATORY/GUIDANCE SESSION

Weatherization and Intergovernmental ProgramOffice of Energy Efficiency and Renewable Energy

May 6, 2010

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Buy American

Section 1605 if the Recovery Act (the Buy American provisions) applies to public buildings or public works

Private homes are not covered by the Buy American Provisions

Buy American does apply to public housing that is owned or fully leased by the city, state, municipality or federal government

Grey area when public housing is government-subsidized. DOE is

working on additional guidance

All nationwide categorical waivers granted apply to all of EERE, including WAP

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Buy American

If there are specific products that are difficult to locate from domestic manufacturers, grantees can fill out the RFI posted on the Buy American webpage

Http://www.1.eere.energy.gov/recovery/buy_american_provision.html

Questions can be directed to buyamerican@ee.doe.gov

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Release of Hold on Remaining 50% of Obligated Funds

Weatherization Program Notice – 10-05Effective Date November 10, 2009

PURPOSE: Provides guidance to Grantees under the Weatherization Assistance Program describing required performance to access remaining 50% of obligated funds

GUIDANCE: Department of Energy will provide Grantees access to the remaining 50% of obligated funds based on the following:

30% of all units estimated to be weatherized in plans are completed

Each grantee has fulfilled monitoring and inspection protocols in state plan

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Release of Hold on Remaining 50% of Obligated Funds

Grantee is monitoring local agencies at least once a year for compliance, fiscal, state field policies and guidelines

Local policy control efforts are in place

At least 5% of the completed units are inspected by Grantee staff during the

course of the year

Grantee progress reports are acceptable

Monitoring reviews confirm acceptable performance

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Privacy of Recipients of Services

WEATHERIZATION PROGRAM NOTICE 10-08 EFFECTIVE DATE: FEBRUARY 1, 2010

PURPOSE: To issue guidance for the Low-Income Weatherization Assistance Program (WAP) on maintaining the privacy of recipients.

GUIDANCE: This guidance is provided to States or other entities named in the Notification of Grant Award as the recipients of financial assistance under the WAP, including the recently added Territories.

States receiving funds under WAP have been receiving numerous requests for

information regarding the implementation of programs funded through the ARRA.

The information requests range from informal inquiries by local elected officials

and other community leaders to requests for specific information about recipients

from local and regional press outlets.

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Privacy of Recipients of Services

• DOE will work diligently with any state WAP or local service provider to gather the required information and provide it to the requestor.

• DOE must comply with all requirements on the Government to protect the privacy interests of individuals who participate in these financial assistance programs

• DOE would be legally required, pursuant to 5 U.S.C. 552(b)(6), of the Freedom of Information Act, to keep confidential any specifically identifying information related to an individual’s eligibility application for WAP, or the individual’s participation in WAP, such as name, address, or income information

• States and local service providers should extend that same protection to their client records for WAP

• States may release information about recipients in the aggregate and which

does not identify specific individuals, i.e. the number of recipients in a county, city or a zip code does not compromise the privacy of the recipients.

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Historic PreservationWEATHERIZATION PROGRAM NOTICE 10-012Effective Date: FEBRUARY 11, 2010

PURPOSE: To provide guidance regarding the National Historic Preservation Act (NHPA or “the Act”), 16 U.S.C. 470 et seq. This guidance relates to DOE Grantees of the Weatherization Assistance Program for Low-Income Persons (WAP), the State Energy Program (SEP), and the Energy Efficiency and Conservation Block Grant (EECBG)

GUIDANCE: DOE coordinates with the Advisory Council on Historic

Preservation (ACHP) and the National Conference of State Historic Preservation

Officers (NCSHPO). NCSHPO has developed a Prototype Programmatic

Agreement to address historic preservation requirements for WAP, SEP

and EECBG.

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Historic Preservation

A manageable framework for streamlining compliance with the requirements of the Act while ensuring the protection of the Nation's historic properties

On February 5, 2010, ACHP released the Prototype Programmatic Agreement (Prototype PA) for use by DOE, State Energy Office Grantees and individual SHPOs to address historic preservation requirements

The Prototype PA allows flexibility between States while recognizing that many States have already instituted effective consultation protocols that can be applied to DOE's programs

Through this Prototype PA, a categorical approach to streamline reviews and reduce the heavy burden placed on SHPOs should expedite the obligation of Recovery Act funds

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Davis-Bacon/Commercial Labor RatesWeatherization Program Notice 10-04Effective Date: November 10, 2009

PURPOSE: Provides guidance to grantees and local agencies and/or their contractors under the Weatherization Assistance Program on the determination of the cost-effectiveness of weatherization materials installed in multi-family buildings.

GUIDANCE: To address the potential difference in wage rates between high-rise buildings and low-rise buildings when determining cost-effectiveness.

DOE is defining installation costs so that local agencies and/or their contractors may to use the existing weatherization worker wage categories to calculate the cost of installing each measure The actual wage paid for installation in a high-rise building must still be the commercial prevailing wage for each of the disciplines used on the project This guidance effects only the calculation of cost-effectiveness for the purpose of weatherization materials installed under the Weatherization Assistance Program

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Davis-Bacon/Wage DeterminationsWEATHERIZATION PROGRAM NOTICE 10-7Effective Date: December 14, 2009

PURPOSE: To issue guidance on implementation of revised Wage Determinations (WD) issued by the Department of Labor (DOL) for Recovery Act funded grants under the Weatherization Assistance Program.

GUIDANCE: DOE will amend the WAP Recovery Act grants with States to incorporate the revised WDs. The amendment language in the WAP Recovery Act grants will specify a prospective date when the revised WDs must be incorporated into all subawards and contracts for use by local agencies and contractors.

Revised WDs will become applicable when a new task or job order for weatherization construction is issued by the local agency or contractor and, at the beginning of a local agency’s or contractor’s certified payroll period

This approach should provide States, local agencies and their contractors a reasonable amount of time to modify subawards and contracts at each level. Revised WDs should have a minimal impact on States, local agencies and their contractors regarding Recovery Act funded WAP grants.

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• Last evaluation done two decades ago

• In 2004, OMB recommended to DOE that this evaluation be done (see http://www.gao.gov/htext/d0667.html)

• Process to design this evaluation was begun in 2005

• A national Weatherization Network Committee provided guidance for this evaluation

• DOE tasked ORNL with conducting evaluation for PY’s 07 & 08 in Spring 2009

• PY 07 was chosen to provide DOE and OMB timely energy savings estimates

• Some components of this evaluation now overlap with the ARRA period

• This evaluation is now fully funded with ARRA money

• This evaluation provides important baseline information

National Evaluation

WEATHERIZATION PROGRAM NOTICE 10-11Effective Date: November 10, 2009

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Draft reporting program guidance available for review here:http://apps1.eere.energy.gov/wip/draft_recovery_act_reporting_guidance.cfm

Monthly program report to include:

DOE WAP Proposed Revisions to ARRA Reporting

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Clarifying Monitoring Requirements

WEATHERIZATION PROGRAM NOTICE 10-9Effective Date: January 15, 2010

PURPOSE: To clarify the monitoring requirements contained in Section 4.0 GRANTEE PROGRAM OVERSIGHT (Program Monitoring) of Weatherization Program Notice (WPN) 09-1B, Grant Guidance to Administer the American Recovery and Reinvestment Act of 2009 Funding, dated March 12, 2009.

The provisions of this guidance apply to States or other entities named in the Notification of Grant Award as the recipients of financial assistance under the Department of Energy (DOE) Weatherization Assistance Program, including the recently added Territories

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The Grantee must conduct comprehensive monitoring of each subgrantee at least once a year and the Grantee’s plan must include a monitoring plan to provide adequate oversight of use of DOE funds by Subgrantees

The comprehensive monitoring must include review of client files and subgrantees’ records, as well as inspection of at least 5 percent of each subgrantee’s DOE-funded completed units.

If inspection reveals quality control or other problems, Grantee shall increase the number of units monitored and frequency of inspection until all issues are resolved.

Clarifying Monitoring Requirements

ARRA Reporting Requirements

PURPOSE: To provide guidance to Weatherization Assistance Program

(WAP) Grantees on the Office of Management and Budget (OMB) quarterly

reporting requirements and the Department of Energy (DOE) monthly reporting

requirements. This guidance pertains to funds expended under the American

Recovery and Reinvestment Act of 2009 (ARRA).

WEATHERIZATION PROGRAM NOTICE 10-13Effective Date: March 1, 2010

The provisions of this guidance apply only to WAP funds provided through ARRA and do not apply to the nominal WAP reporting requirements outlined in the Program Year 2010 Weatherization Grant guidance (WPN 10-01).

The monthly reporting requirements outlined by this guidance are authorized under a six month emergency approval by OMB of an emergency Information Collection Request (ICR) which expires on June 30, 2010.

ARRA Reporting RequirementsGUIDANCE: WAP Grantees are required to:

1. Report Section 1512 data to OMB quarterly

2. Report required data to DOE quarterly and monthly

3. Summarize the timing and process relationship between OMB and

DOE reporting requirements

Who is Required to Report?

Prime recipients of ARRA funds under the WAP Program. A prime recipient is defined as a non-federal organization receiving Recovery Act funding (grants, loans, or cooperative agreements) directly from the Federal Government and is equivalent to a Grantee for the purposes of this guidance.

Reporting Timeframe and Registration

The report to FederalReporting.gov is due no later than ten calendar days after thecalendar quarter in which the recipient received this grant and subsequent quarters untilfull expenditure of funds.

Final Rule on Amending Eligibility Provisionsto Multi-family Buildings

WEATHERIZATION PROGRAM NOTICE 10-15

EFFECTIVE DATE: March 2, 2010

PURPOSE: To issue guidance on implementing recent changes to theWeatherization Assistance Program (WAP) requirements for determining eligibility.This applies to certain multi-family buildings identified by the Department of Housing andUrban Development (HUD) and the Department of Agriculture (USDA).

GUIDANCE: WHAT DOES THE FINAL RULE DO?

DOE has posted three lists of properties supplied by HUD and USDA

Properties identified on these lists have been determined to meet certain eligibility criteria under WAP

The lists will reduce the review and verification necessary to weatherize the buildings identified through WAP

Final Rule on Amending Eligibility Provisionsto Multi-family Buildings

Requirements of the final rule:

A minimum of 66% of the dwelling units in the building are occupied by a family unit that meets the income requirement (as required under 10 CFR 440.22(b)(2)

For a reasonable period of time after weatherization work has been completed, the eligible dwelling unit will not be subject to rent increases as a result of weatherization (as required under 10 CFR 440.22(b)(3)(i))

No undue or excessive enhancement has occurred to the value of the dwelling unit (as required under 10 CFR 440.22(b)(3)(i)

Weatherization of buildings in the public housing market provides greater opportunities for local agencies to serve even more low-income persons in their communities. The final rule published on January 25, 2010, reduces the procedural obstacles to determining the eligibilityof such buildings.

Calculation of Job Creation through DOE Recovery Act Funding

PURPOSE: Provides additional guidance to grantees on the methodology for

calculating jobs created and retained through expenditure of grant funds received

under the American Recovery and Reinvestment Act of 2009 (Recovery Act), and

reporting that information to the Department of Energy (DOE).

WEATHERIZATION PROGRAM NOTICE 10-14EFFECTIVE DATE: March 11, 2010

GUIDANCE: In accordance with Section 1512 of the Recovery Act, The Office of Management And Budget requires the recipients of Recovery Act grants to report quarterly on direct jobs created or retained (in FTEs) through Recovery Act funds via the website FederalReporting.gov.

OMB guidance for reporting under Section 1512 requires that recipients report only those jobs directly generated wholly or in part by Recovery Act funds, excluding those jobs generated from nonfederal funds.

Calculation of Job Creation through DOE Recovery Act Funding

This guidance focuses on the determination and reporting of job creation to the Department of Energy, and is complementary to the requirements for reporting via FederalReporting.gov.

The monthly reporting requirements for WAP recipients

outlined by this guidance are authorized under a six-month approval by OMB of an emergency Information Collection Request (ICR) that expires on June 30, 2010.

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Success Stories

Amplify your positive stories:

Energy Empowers

Events - weatherization demonstrations, ribbon cuttings

Identify positive impact stories to highlight for DOE leadership

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Recovery Act (ARRA) Close Up Project

Communications Effort: led by DOE Headquarters and supported by SMS

PURPOSE:

Highlight the positive impacts the state or territory has experienced as a result of the Recovery Act (ARRA)

Showcase new initiatives or projects as a result of the Recovery Act (ARRA)

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Close Up Project – Next Steps Continue to develop Close Ups as information is

submitted by each Grantee.

These Close Ups will be maintained through the end of the Recovery Act – March 2012.

Final Close Ups will be provided back to the Grantee to use in their local public information campaign efforts, as well as:

• Posted on WAPTAC site

• DOE will use Close Ups within internal and external communications activities

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Sustainable Energy Resources for Consumers Grants

BASICS– Authorized in EISA 2007, Section 411b– “Expand WAP to include materials, benefits, and renewable and

domestic energy technologies not covered”– Grants go to local weatherization agencies– Priority for a) effectiveness and benefits, b) replication of results, c)

health, safety, and energy costs, d) partnerships with public/private entities for resources including financial partnerships

– Up to 2% of funding in years for which funding is over $275 M– Totals $109 M for ARRA + FY2009 (regular and supplemental)

STATUS– Issuing Request for Information– Key RFI Question: Do some local weatherization agencies have

capacity and interest in receiving these Grants?

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$30 million Weatherization Innovation Grants

BASICS– “Provides $30 M … for the development of a pilot project that

would increase the leverage of Federal funding through the formation of partnerships between the Department and traditional and/or nontraditional weatherization providers.”

– Funded through FY 2010 appropriations for $30 M– Key objectives include New partnerships, Leveraging Federal

funding, and Improving key metrics (homes weatherized, energy savings, jobs created)

STATUS– Issuing a Funding Opportunity Announcement– Applicants will have 8 weeks to apply