BILL REQ. #: H-4648.1
State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/23/08. Referred to Committee on Technology, Energy & Communications.
AN ACT Relating to sustainable residential weatherization for low-income households; amending RCW 70.164.020, 70.164.040, and 43.330.110; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 70.164.020 and 1995 c 399 s 199 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Department" means the department of community, trade, and
economic development.
(2) "Energy assessment" means an analysis of a dwelling unit to
determine the need for cost-effective energy conservation measures as
determined by the department.
(3) "Household" means an individual or group of individuals living
in a dwelling unit as defined by the department.
(4) "Low income" means household income that is at or below one
hundred twenty-five percent of the federally established poverty level,
or as determined by the department.
(5) "Nonutility sponsor" means any sponsor other than a public
service company, municipality, public utility district, mutual or
cooperative, furnishing gas or electricity used to heat low-income
residences.
(6) "Residence" means a dwelling unit as defined by the department.
(7) "Sponsor" means any entity that submits a proposal under RCW
70.164.040, including but not limited to any local community action
agency, community service agency, or any other participating agency or
any public service company, municipality, public utility district,
mutual or cooperative, or any combination of such entities that jointly
submits a proposal.
(8) "Sponsor match" means the share, if any, of the cost of
weatherization to be paid by the sponsor.
(9) "Sustainable residential weatherization" or "weatherization"
means materials or measures, and their installation or application,
((that)) including related repair representing advanced sustainable
technologies, to the extent feasible, that are used to improve the
thermal efficiency of a residence and the health and safety of
residents.
(10) "Weatherizing agency" means any approved department grantee or
any public service company, municipality, public utility district,
mutual or cooperative, or other entity that bears the responsibility
for ensuring the performance of weatherization of residences under this
chapter and has been approved by the department.
Sec. 2 RCW 70.164.040 and 1987 c 36 s 4 are each amended to read
as follows:
(1) The department shall solicit proposals for low-income
weatherization programs from potential sponsors. A proposal shall
state the amount of the sponsor match, the amount requested from the
low-income weatherization assistance account, the name of the
weatherizing agency, and any other information required by the
department.
(2)(a) A sponsor may use its own moneys, including corporate or
ratepayer moneys, or moneys provided by landlords, charitable groups,
government programs, the Bonneville Power Administration, or other
sources to pay the sponsor match.
(b) Moneys provided by a sponsor pursuant to requirements in this
section shall be in addition to and shall not supplant any funding for
low-income weatherization that would otherwise have been provided by
the sponsor or any other entity enumerated in (a) of this subsection.
(c) No proposal may require any contribution as a condition of
weatherization from any household whose residence is weatherized under
the proposal.
(d) Proposals shall provide that full levels of all cost-effective,
structurally feasible, sustainable residential weatherization
materials, measures, practices, and related repair, as determined by
the department, shall be installed and employed when a low-income
residence is weatherized.
(3)(a) The department may in its discretion accept, accept in part,
or reject proposals submitted. The department shall allocate funds
appropriated from the low-income weatherization assistance account
among proposals accepted or accepted in part so as to:
(i) Achieve the greatest possible expected monetary and energy
savings by low-income households and other energy consumers ((and))
over the greatest period of time;
(ii) Promote the greatest possible health and safety improvements
for residents of low-income households; and
(iii) Leverage, to the extent feasible, technologically advanced
and environmentally friendly sustainable technologies, practices, and
designs.
(b) The department shall, to the extent feasible, ensure a balance
of participation in proportion to population among low-income
households for: (((a))) (i) Geographic regions in the state; (((b)))
(ii) types of fuel used for heating, except that the department shall
encourage the utilization of fuels representing energy efficient
sustainable technologies; (((c))) (iii) owner-occupied and rental
residences; and (((d))) (iv) single-family and multifamily dwellings.
(c) The department may allocate funds to a nonutility sponsor
without requiring a sponsor match if the department determines that
such an allocation is necessary to provide the greatest benefits to
low-income residents of the state.
(4)(a) A sponsor may elect to: (i) Pay a sponsor match as a lump
sum at the time of weatherization, or (ii) make yearly payments to the
low-income weatherization assistance account over a period not to
exceed ten years. If a sponsor elects to make yearly payments, the
value of the payments shall not be less than the value of the lump sum
payment that would have been made under (i) of this subsection.
(b) The department may permit a sponsor to meet its match
requirement in whole or in part through providing labor, materials, or
other in-kind expenditures.
(5) The department shall adopt rules to carry out this section.
Sec. 3 RCW 43.330.110 and 1993 c 280 s 14 are each amended to
read as follows:
(1) The department shall maintain an active effort to help
communities, families, and individuals build and maintain capacity to
meet housing needs in Washington state. The department shall
facilitate partnerships among the many entities related to housing
issues and leverage a variety of resources and services to produce
comprehensive, cost-effective, and innovative housing solutions.
(2) The department shall assist in the production, development,
rehabilitation, and operation of owner-occupied or rental housing for
very low, low, and moderate-income persons; operate programs to assist
home ownership, offer housing services, and provide emergency,
transitional, and special needs housing services; and qualify as a
participating state agency for all programs of the federal department
of housing and urban development or its successor. The department
shall develop or assist local governments in developing housing plans
required by the state or federal government.
(3) The department shall coordinate and administer energy
assistance and residential energy conservation and rehabilitation
programs of the federal and state government through nonprofit
organizations, local governments, and housing authorities.
(4) Through all of its housing programs, the department shall
continually strive to be a state leader in promoting and utilizing
technologically advanced and environmentally friendly sustainable
technologies, practices, and designs.
NEW SECTION. Sec. 4 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.