WSR 09-13-073




[ Filed June 16, 2009, 10:14 a.m. , effective August 1, 2009 ]

Effective Date of Rule: August 1, 2009.

Purpose: In the 2009 legislative session, Governor Gregoire signed E2SSB 5649 into law. The purpose of this emergency rule is to clarify that 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.

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.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: It is important to be able to move energy matchmakers money within sixty days. This emergency rule is needed to provide guidance until a permanent rule can be established.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 16, 2009.

Marie Sullivan, Director

Government Relations Office


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.

(((2))) (3) "Disadvantaged populations" has the same meaning as "distressed communities" defined in RCW 43.63A.764(2).

(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 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) Sponsors must comply with the employment requirements of RCW 70.164.040 (3)(e), which apply only to individuals hired to perform weatherization activities.

(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