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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.
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 ((
(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
(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
(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.]
(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.]