WSR 09-22-065

PERMANENT RULES

DEPARTMENT OF COMMERCE


[ Filed November 2, 2009, 8:48 a.m. , effective December 3, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: In the 2009 legislative session, Governor Gregoire signed E2SSB 5649 into law. The purpose of this rule is to clarify the new requirements for employment related to section 202 (3)(e) in E2SSB 5649 relate only to employees who conduct weatherization activities, including any sponsor employees or local agency staff and contractors. In addition, the bill added new terms which require definitions to assist with smooth program implementation. In this rule, we define "hire from the community," "family wage job," "low-income," and "disadvantaged populations."

Citation of Existing Rules Affected by this Order: Amending WAC 365-180-030 and 365-180-070.

Statutory Authority for Adoption: RCW 70.164.040.

Adopted under notice filed as WSR 09-18-117 on September 2, 2009.

Changes Other than Editing from Proposed to Adopted Version: We define "disadvantaged populations" as populations facing barriers to employment. Other edits were for clarity only.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 2, 2009.

Rogers Weed

Director

OTS-2488.3


AMENDATORY SECTION(Amending Order 92-01, filed 1/7/92, effective 2/7/92)

WAC 365-180-030   Definitions.   (1) "Community" means the local program area served by the weatherizing agency.

(2) "Department" means the department of ((community development)) commerce.

(((2))) (3) "Disadvantaged populations" means populations facing barriers to employment.

(4) "Energy matchmakers local coordinated plan" means a proposal(s) for use of funding for local low-income weatherization programs in a specific geographical area.

(((3))) (5) "Family wage job" is defined as a job that pays, as a minimum, prevailing wage.

(6) "Low-income" means ((household income that is)) households at or below eighty percent of the state area median income. However, priority will be given to households at or below one hundred twenty-five percent of the federally established poverty level.

(((4))) (7) "Nonutility sponsor" means an organization that is not an energy supplier and that submits a local coordinated plan.

(((5))) (8) "Residence" means a house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters; but excluding institutional buildings such as: A university, group care facility, nursing home, half-way residence, hospital, hotel, motel, etc.

(((6))) (9) "Sponsor" means an organization that submits a match proposal as part of the energy matchmakers local coordinated plan.

(((7))) (10) "Sponsor match" means the share, if any, of the cost of weatherization to be paid by the sponsor.

(((8))) (11) "Weatherization" means materials or measures, including the education of the low-income household about energy saving behaviors in the home, and their installation or application, that are used to improve the thermal efficiency of a residence.

(((9))) (12) "Weatherizing agency" means a public or nonprofit private organization, approved by the department, responsible for doing all aspects of the weatherization work.

[Statutory Authority: Chapter 70.164 RCW. 92-03-019 (Order 92-01), 365-180-030, filed 1/7/92, effective 2/7/92. Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), 365-180-030, filed 1/4/88.]


AMENDATORY SECTION(Amending Order 88-01, filed 1/4/88)

WAC 365-180-070   Local coordinated plan -- Funding proposal process -- Award of contracts.   (1) A sponsor shall make a formal proposal using forms issued by the department.

(2) The employment requirements of RCW 70.164.040 (3)(e), apply only to individuals hired specifically to repair homes prior to weatherization, and to construct or install weatherization materials in low-income residences.

(3) A review team will evaluate the energy matchmakers local coordinated plans, and will be composed of persons with knowledge of energy conservation and of community-based public and private service organizations.

(((3))) (4) Plans which include a commitment of matching resources will be given priority for funding.

(((4))) (5) The department shall have the final discretion to award funds.

(((5))) (6) The department will enter into a contract with weatherizing agencies identified in successful local coordinated plans. This contract shall be signed by an official with authority to bind the weatherizing agency and returned to the department prior to the release of any funds under this program.

[Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), 365-180-070, filed 1/4/88.]

Washington State Code Reviser's Office