PRINTER'S NO. 262
No. 241 Session of 1987
INTRODUCED BY RICHARDSON, LINTON, DEAL, WAMBACH AND TRUMAN,
FEBRUARY 9, 1987
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
FEBRUARY 9, 1987
AN ACT
1 Establishing a comprehensive energy conservation services
2 program designed to enable low-income and near-poor
3 individuals and families to participate in energy assistance
4 programs; providing for crisis intervention and outreach
5 programs; and making appropriations.
6 TABLE OF CONTENTS
7 Chapter 1. General Provisions
8 Section 101. Short title.
9 Section 102. Findings and declaration of policy.
10 Section 103. Statement of purpose.
11 Section 104. Definitions.
12 Section 105. Income disregard.
13 Chapter 3. Weatherization Program
14 Section 301. Establishment of weatherization program.
15 Section 302. Financial assistance for weatherization programs.
16 Section 303. Appropriations.
17 Section 304. Grants.
18 Section 305. Limitations.
1 Section 306. State plans and requirements.
2 Section 307. State Weatherization Council.
3 Section 308. Special provisions.
4 Section 309. Designation of local weatherization projects.
5 Section 310. Financial assistance for local weatherization
6 projects.
7 Section 311. Functions of local weatherization projects.
8 Section 312. Eligibility for participation in weatherization
9 programs.
10 Section 313. Administrative provisions.
11 Section 314. Appeals, notice and hearings.
12 Section 315. Technical assistance and training.
13 Section 316. Monitoring and evaluation.
14 Section 317. Annual report.
15 Chapter 5. Crisis Intervention Program and Outreach
16 Section 501. Establishment of crisis intervention program.
17 Section 502. Authorization of appropriations.
18 Section 503. Allotments.
19 Section 504. Outreach activities.
20 Section 505. Annual report.
21 Chapter 7. Energy Conservation Services and Program
22 Coordination
23 Section 701. Supplemental energy conservation services.
24 Section 702. Program coordination.
25 Chapter 21. Miscellaneous Provisions
26 Section 2101. Appropriation.
27 Section 2102. Effective date.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
30 CHAPTER 1
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1 GENERAL PROVISIONS
2 Section 101. Short title.
3 This act shall be known and may be cited as the Comprehensive
4 Energy Conservation Services Act.
5 Section 102. Findings and declaration of policy.
6 The General Assembly finds and declares that:
7 (1) Rising energy costs have significantly reduced the
8 real purchasing power of low-income and near-poor individuals
9 and families, particularly elderly and severely handicapped
10 individuals, in the United States to levels at which they are
11 unable to acquire the necessities of life.
12 (2) The real incomes of households receiving government
13 assistance payments as a primary income source have
14 diminished in proportion to the real incomes of other
15 households in the United States.
16 (3) Throughout the country, the cost of essential
17 residential energy supplies imposes a disproportionately
18 larger burden on the incomes of low-income and near-poor
19 individuals and families than on the incomes of other
20 individuals and families, and in some parts of the United
21 States this energy expenditure differential between income
22 groups is extreme.
23 (4) Low-income Americans generally use less energy per
24 capita than other Americans, because they have already
25 reduced their energy usage to the extent the conditions of
26 their dwellings and equipment will allow, and further energy
27 savings can only be made primarily through improvements to
28 their dwellings and equipment.
29 (5) The housing occupied by the low-income and near-poor
30 is generally not energy efficient, is usually older and is
19870H0241B0262 - 3 -
1 frequently in need of repair.
2 (6) High energy costs contribute to landlord abandonment
3 and the deterioration of housing in low-income and near-poor
4 neighborhoods.
5 (7) Low-income households need a variety of forms of
6 assistance to reduce energy costs, including financial
7 support, energy conservation education, weatherization
8 services and capital improvements assistance.
9 It is, therefore, the policy of this Commonwealth that energy
10 conservation services and energy assistance should be available
11 to low-income and near-poor individuals and families in order to
12 lessen the impact of high energy costs on these individuals and
13 families, reduce individual and family energy consumption and
14 provide individuals and families with the opportunity to become
15 more self-reliant and less dependent on increasingly scarce
16 nonrenewable sources of energy.
17 Section 103. Statement of purpose.
18 (a) Comprehensive program.--This act establishes a
19 comprehensive energy conservation services program to provide
20 low-income and near-poor individuals and families with
21 weatherization services, crisis intervention assistance, energy
22 conservation education and outreach services; prescribes the
23 functions and structure of the administrative mechanisms
24 responsible for administering the various components of the
25 comprehensive energy conservation services program; and
26 authorizes comprehensive energy-related research, demonstration
27 and pilot projects designed to enhance the ability of the
28 Commonwealth to respond to the energy needs of low-income and
29 near-poor individuals and families. This act also requires the
30 coordination of all energy programs throughout the Commonwealth
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1 which serve the low-income and near-poor.
2 (b) Specific purposes enumerated.--It is the basic purpose
3 of this act to stimulate and encourage the development and
4 implementation of programs for low-income and near-poor
5 individuals and families that will lessen the impact of high
6 energy costs, reduce individual and family energy consumption,
7 reduce dependence on nonrenewable sources of energy and focus
8 all available local and State resources in such a way as to
9 maximize the potential for achieving the objectives of this act.
10 The specific purposes of this act are to:
11 (1) Encourage a partnership of State and local resources
12 to reduce the dependence of low-income and near-poor
13 individuals and families on increasingly scarce nonrenewable
14 sources of energy and thereby lessen American dependence on
15 scarce energy resources, especially resources which are
16 derived from the importation of foreign energy supplies.
17 (2) Lessen the consumption of foreign and domestic
18 energy supplies by undertaking a comprehensive initiative to
19 weatherize and make energy-efficient the dwellings of low-
20 income and near-poor individuals and families by improving
21 the energy efficiency of their dwelling places and providing
22 access to capital energy improvements assistance.
23 (3) Provide crisis intervention assistance to alleviate
24 the threat to the health and well-being of low-income and
25 near-poor individuals and families created by a shortage of
26 energy supplies or by severe weather conditions.
27 (4) Promote and encourage employment and enterprise
28 development opportunities for low-income and near-poor
29 individuals and families and communities in the fields of
30 energy conservation and alternative energy development.
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1 (5) Carry out education programs that will assist low-
2 income and near-poor individuals and families in adopting
3 sound conservation practices that will maximize the benefits
4 achieved through conservation and the use of alternative
5 energy.
6 Section 104. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Council." Each State Weatherization Council established
11 pursuant to section 307.
12 "Director." The Director of Weatherization, who shall be
13 appointed by the Secretary of Public Welfare.
14 "Lower living standard income level." That income level
15 (adjusted for regional, metropolitan, urban and rural
16 differences and family size) determined annually by the United
17 States Secretary of Labor based upon the most recent "lower
18 living family budget" issued by the Secretary of Labor.
19 "Severely handicapped individual." An individual with a
20 disability which requires multiple services over an extended
21 period of time and results from amputation, blindness, cancer,
22 cerebral palsy, cystic fibrosis, deafness, heart disease,
23 hemiplegia, mental retardation, mental illness, multiple
24 sclerosis, muscular dystrophy, neurological disorders (including
25 stroke and epilepsy), paraplegia, quadriplegia and other spinal
26 cord conditions, renal failure, respiratory or pulmonary
27 dysfunction and any other disability specified by the Secretary
28 of Health in regulations the secretary shall prescribe.
29 Section 105. Income disregard.
30 Notwithstanding any other provision of law, the value of any
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1 assistance provided to any eligible individual or family under
2 this act shall not be considered income or resources for any
3 purpose, including, but not limited to, the determination of
4 eligibility or benefit levels under any Federal, State or local
5 law, including any law relating to taxation or public assistance
6 program.
7 CHAPTER 3
8 WEATHERIZATION PROGRAM
9 Section 301. Establishment of weatherization program.
10 (a) Program.--The director shall develop and conduct, in
11 accordance with the purposes and provisions of this chapter, a
12 weatherization program. In developing and conducting such
13 program, the director is authorized to make grants to low-income
14 or near-poor individuals or families, including migrant and
15 seasonal farmworker organizations. Such grants shall be made for
16 the purpose of furnishing financial assistance to projects
17 designed to provide for the weatherization of dwellings occupied
18 by low-income or near-poor individuals or families.
19 (b) Regulation.--
20 (1) The director, after consultation with the Secretary
21 of Labor and Industry, the Secretary of Health, State housing
22 agencies, the Secretary of Agriculture and the heads of such
23 other State departments and agencies as the director deems
24 appropriate, shall develop and publish in the Pennsylvania
25 Bulletin, for public comment, proposed regulations to carry
26 out the provisions of this chapter not later than 60 days
27 following the effective date of this act. The director shall
28 promulgate and publish final regulations for such purposes
29 not later than 60 days after the date on which proposed
30 regulations are published. Not later than March 15, the
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1 director shall promulgate and publish such regulations or
2 modifications of existing regulations, as may be necessary,
3 in each fiscal year beginning after July 1, 1987.
4 (2) The regulations promulgated pursuant to this chapter
5 shall include provisions:
6 (i) Prescribing standards for weatherization
7 materials, energy conservation techniques and balanced
8 combinations thereof, which are designed to achieve a
9 healthful living environment and maximum practicable
10 energy conservation, taking into account variations in
11 climatic and structural settings and other relevant
12 factors.
13 (ii) Prescribing wages and allowances, maximum wage
14 limitations, procedures for securing individuals to
15 perform work and other labor provisions in accordance
16 with the requirements of section 308.
17 (iii) Prescribing the maximum financial assistance
18 available under this chapter for specific categories of
19 dwellings.
20 Section 302. Financial assistance for weatherization programs.
21 The director shall provide financial assistance to each area
22 of the State which has met the requirements of section 306 for
23 the purpose of carrying out the activities authorized under this
24 chapter.
25 Section 303. Appropriations.
26 (a) Amounts.--There is hereby appropriated to the State
27 Weatherization Council, for carrying out the provisions of this
28 chapter, $5,000,000 for the fiscal year 1987-1988, $7,500,000
29 for the fiscal year 1988-1989 and $9,500,000 for the fiscal year
30 1989-1990. Funds so appropriated shall remain available for
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1 obligation and expenditure during the fiscal year succeeding the
2 fiscal year for which they are appropriated.
3 (b) Extension of authorization.--
4 (1) Unless the General Assembly, in the regular session
5 which ends prior to the beginning of the terminal fiscal year
6 of the authorization of appropriations for the program
7 authorized by this act, either:
8 (i) has passed or has formally rejected legislation
9 which would have the effect of extending the
10 authorization of that program; or
11 (ii) by action of either the House of
12 Representatives or the Senate, approves a resolution
13 stating that the provisions of this subparagraph shall no
14 longer apply to such program;
15 this authorization is hereby automatically extended for one
16 additional fiscal year. The amount appropriated for such
17 additional year shall not exceed the amount which the General
18 Assembly could, under the terms of the law for which the
19 appropriation is made, have appropriated for such program
20 during such terminal year.
21 (2) (i) For the purposes of paragraph (1)(i) the
22 General Assembly shall not have been deemed to have
23 passed legislation unless such legislation becomes law.
24 (ii) In any case in which the director is required
25 under this act to carry out certain acts or make certain
26 determinations which are necessary for the continuation
27 of the program authorized by this act, if such acts or
28 determinations are required during the terminal year of
29 such program, such acts and determinations shall be
30 required during any fiscal year in which paragraph (1)
19870H0241B0262 - 9 -
1 may apply.
2 Section 304. Grants.
3 (a) Use of appropriations.--Ninety-five per cent of the
4 amounts appropriated in section 303 shall be used for grants to
5 low-income or near-poor individuals and families.
6 (b) Remainder.--
7 (1) The director shall reserve the remainder of the sums
8 so appropriated for each fiscal year for use for:
9 (i) Administrative costs.
10 (ii) Training and technical assistance activities
11 pursuant to section 315 which, at a minimum, are
12 sufficient to meet the needs associated with program
13 expansion and to foster program and management
14 improvement activities.
15 (iii) Evaluation activities carried out pursuant to
16 section 316.
17 (iv) Demonstration, research and pilot projects
18 carried out pursuant to section 701.
19 (2) From the funds appropriated pursuant to section 303
20 for any fiscal year, not to exceed $200,000 in each fiscal
21 year shall be available for administrative costs under
22 paragraph (1)(i).
23 (c) Weatherization councils.--An amount not to exceed 1% of
24 the amount appropriated under section 303, but not less than
25 $25,000, shall be allocated for purposes of carrying out the
26 provisions of section 307.
27 (d) Grants to certain organization.--
28 (1) Notwithstanding any other provision of this chapter,
29 when the director determines (after having taken into account
30 the amount of funds made available to carry out this chapter)
19870H0241B0262 - 10 -
1 that:
2 (i) low-income and near-poor migrant and seasonal
3 farmworkers are not receiving benefits under this chapter
4 that are equivalent to the assistance provided to other
5 low-income and near-poor individuals and families under
6 this chapter; or
7 (ii) that such migrant and seasonal farmworkers
8 would be better served by means of a grant made directly
9 to provide such assistance;
10 the director shall reserve not less than 1% of the total
11 amount of grant money which has been made to all eligible
12 households in the State.
13 (2) The sums reserved by the director on the basis of
14 the director's determination under this subsection shall be
15 granted to an organization serving the individuals for whom
16 such a determination has been made, or where there is no such
17 organization, to such other entity as the director determines
18 has the capacity to provide services pursuant to this
19 chapter.
20 (3) In order for an organization or other entity to be
21 eligible for a grant for a fiscal year under this subsection,
22 it shall submit to the director plans meeting the
23 requirements set forth in section 306.
24 Section 305. Limitations.
25 (a) Use of grants.--
26 (1) Not more than 25% of any grant made under this
27 chapter may be used for program support. The remainder of
28 such grant shall be used for the purchase of weatherization
29 materials and for labor costs. The director may prescribe
30 regulations to further limit the percentage of a grant
19870H0241B0262 - 11 -
1 available for program support under the first sentence of
2 this paragraph. The director may prescribe regulations to
3 prescribe the percentage of such a grant available for
4 weatherization materials and for labor costs.
5 (2) Program support shall include activities which
6 enable an agency, organization or other entity designated as
7 a local weatherization project to carry out the provisions of
8 this chapter, including, but not limited to, project
9 management, audit and direction; coordination and
10 mobilization of resources; purchase of needed tools and
11 equipment; transportation of workers and materials; storage
12 of materials and equipment; outreach activities for, and
13 eligibility determinations of, eligible individuals and
14 families; inspection and quality control; insurance;
15 preparation of required reports; and other similar activities
16 which encourage the safe and effective operation of
17 weatherization projects.
18 (b) Financial assistance.--The director shall insure that
19 financial assistance provided under this chapter shall:
20 (1) Be allocated within the State or area in accordance
21 with a published State or area plan, which is adopted by the
22 director after notice and a public hearing, describing the
23 proposed funding distributions and recipients.
24 (2) Be allocated, pursuant to such State or area plan,
25 to community action agencies carrying out programs under this
26 act, migrant and seasonal farmworker organizations, community
27 development corporations, community-based organizations, or
28 to other public or private nonprofit agencies or
29 organizations that have demonstrated effectiveness in
30 supervising or carrying out weatherization services so that
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1 funds will be allocated on the basis of the relative need for
2 weatherization assistance among the low-income and near-poor
3 individuals within the State or area, taking into account:
4 (i) The climatic conditions.
5 (ii) The condition of dwelling places with respect
6 to the energy efficiency.
7 (iii) Energy usage and cost.
8 (iv) The type of weatherization work to be
9 performed.
10 (v) Such other factors as the director may
11 determine.
12 (3) Be terminated or discontinued during the application
13 period only in accordance with the policies and procedures
14 set forth in section 314.
15 (c) Community action agencies.--In allocating funds for
16 carrying out weatherization projects within the State under
17 subsection (b), the director shall give priority to community
18 action agencies within the State for so much of the geographical
19 area as is served by each such agency, except that the
20 requirement of this subsection shall not apply if the director
21 determines that:
22 (1) a community action agency has a pattern of
23 ineffective administration of programs under this act; or
24 (2) a community action agency is not of sufficient size
25 and cannot in timely fashion develop the capacity to support
26 the scope of the project to be carried out in such area with
27 financial assistance under this chapter.
28 In carrying out the provisions of this subsection, the director
29 shall give due consideration to the results of periodic
30 evaluations of the projects carried out under this chapter in
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1 light of available information regarding the current and
2 anticipated energy and weatherization needs of the low-income
3 and near-poor individuals within the State.
4 Section 306. State plans and requirements.
5 (a) Submission of plan.--In order to disburse financial
6 assistance under this chapter, the director shall formulate a
7 weatherization plan in consultation with the State
8 weatherization council. Each plan shall be submitted for a
9 three-year period, together with annual revisions as the
10 director may prescribe.
11 (b) Content of plan.--The plan shall:
12 (1) Include an analysis of the area to be served,
13 including climate, energy usage and cost, energy efficiency
14 of dwellings, the number of dwellings in need of
15 weatherization services, the estimated number and
16 characteristics of dwellings to be assisted and the type of
17 weatherization services to be performed.
18 (2) Include a statement of the long-term goals of the
19 plan for the improvement of the energy efficiency of the
20 dwellings in the area to be served.
21 (3) Describe in detail:
22 (i) Administrative arrangements for carrying out the
23 plan, including the procedures to be used to designate
24 local projects (including criteria for determining that a
25 local project applicant has demonstrated effectiveness),
26 to approve local projects, to evaluate and audit the
27 operation of local projects and to process complaints and
28 grievances.
29 (ii) The methods to be used to identify and the
30 criteria to be used for selecting dwellings to receive
19870H0241B0262 - 14 -
1 weatherization services and the priorities to govern the
2 provisions of weatherization assistance to low-income and
3 near-poor individuals and families, including methods to
4 provide priority to elderly and severely handicapped low-
5 income and near-poor individuals.
6 (iii) The procedures for consultation with the local
7 project policy advisory councils.
8 (iv) The policies and procedures designed to assure
9 that financial assistance provided under this chapter
10 will be used to supplement and not to supplant Federal or
11 local funds for training participants and public service
12 employment workers.
13 (v) (A) Policies and procedures designed to assure
14 that owners, renters and owners of rental property
15 will be treated equitably in carrying out the
16 purposes of this chapter, including the establishment
17 of goals and timetables with respect to the number of
18 rental properties to be weatherized.
19 (B) Criteria for avoiding undue enhancement of
20 the market value of rental property.
21 (vi) A proposed budget for each year.
22 (vii) The procedures to be used to obtain
23 weatherization materials.
24 (4) Describe in detail arrangements to insure that:
25 (i) Nondiscrimination and equal employment
26 opportunities are provided.
27 (ii) Procedures are developed which will lead to
28 skill development and job opportunities for workers under
29 this chapter in occupations traditionally limited to
30 individuals of the opposite sex.
19870H0241B0262 - 15 -
1 (5) Describe in detail the procedures to be used to
2 distribute funds within areas of the State or area to be
3 served pursuant to section 305.
4 (6) Describe in detail procedures for compliance with
5 section 308, relating to special provisions on wages,
6 allowances and referral of individuals.
7 (7) Describe the outreach activities consistent with
8 section 504 to be conducted to inform eligible low-income and
9 near-poor individuals and families of weatherization
10 assistance under this chapter, and to refer such individuals
11 and families to the program of assistance under this act.
12 (8) Describe:
13 (i) Plans and activities to coordinate, strengthen
14 and expand employment and training activities under this
15 chapter with employment and training activities in the
16 private sector.
17 (ii) The relationship between job development and
18 placement under this chapter and other employment and
19 training programs and the efforts made or planned to
20 coordinate programs under this chapter with such other
21 programs.
22 (iii) The efforts to be undertaken to involve the
23 private sector in activities under this chapter.
24 (9) Describe in detail the recordkeeping procedures for
25 the expenditure of funds received under this chapter,
26 including procedures for property acquisition, inventory
27 control and maintenance of payroll records, which will enable
28 the director to audit and monitor programs and will assure
29 adequate supervision and monitoring of local projects by the
30 applicants, particularly with respect to the eligibility of
19870H0241B0262 - 16 -
1 participants, the propriety of participant selection
2 procedures and practices and the purchase and disposition of
3 materials.
4 (10) Include adequate assurances of compliance with all
5 provisions of this chapter and regulations promulgated
6 pursuant to this chapter.
7 (c) Establishment of certain standards and procedures.--The
8 director shall establish, within 120 days after the effective
9 date of this act:
10 (1) Criteria and standards for the plan requirements
11 under this section.
12 (2) Procedures for submittal, approval and
13 implementation of changes in the weatherization plan,
14 together with any reports required under this chapter.
15 (d) Compliance.--Whenever the director, after reasonable
16 notice and opportunity for a hearing, finds that:
17 (1) the State plan has been so changed that it no longer
18 complies substantially with the provisions of subsection (b);
19 or
20 (2) in the administration of the plan there is a failure
21 to comply substantially with any provision of subsection (b);
22 the director shall cease further payments from allotments under
23 section 304 or, in the director's discretion, may limit further
24 payments to projects or portions of the State plan not affected
25 by such failure, until the director is satisfied that there will
26 no longer be any failure to comply.
27 Section 307. State Weatherization Council.
28 (a) Establishment and composition.--
29 (1) There is hereby established the State Weatherization
30 Council. Funding for the council shall be provided pursuant
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1 to section 304(c).
2 (2) The council shall be appointed by the Governor. The
3 Governor shall furnish staff to provide professional,
4 technical and clerical assistance to the council.
5 (3) The council shall be composed of:
6 (i) Representatives of the eligible population
7 (including significant segments thereof), who together
8 shall constitute one-third of the membership of the
9 council.
10 (ii) Representatives of organized labor, business,
11 agricultural employers and workers, energy providers and
12 members of the general public, who together shall
13 constitute one-third of the membership of the council.
14 (iii) Representatives of the political subdivisions
15 or combinations of the political subdivisions of the
16 State (including local elected officials currently
17 holding office), and agencies serving the eligible
18 population, who together shall constitute one-third of
19 the membership of the council, including at least:
20 (A) A representative of the area agencies on
21 aging within the State.
22 (B) A representative of the State Vocational
23 Rehabilitation Agency.
24 (C) A representative of the State agency
25 responsible for energy matters.
26 (D) A representative of the State office of the
27 action agency.
28 (E) A representative of the State office of
29 economic opportunity.
30 (F) A representative of the State Employment and
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1 Training Council.
2 (G) Two representatives of the leadership of the
3 General Assembly.
4 (4) The council shall meet at such times, but at least
5 three times per year, and in such places within the State as
6 it deems appropriate. The meetings shall be publicly
7 announced and, except when inappropriate, open and accessible
8 to the general public.
9 (b) Powers and duties.--The council shall:
10 (1) Elect a chairperson from among the council
11 membership.
12 (2) Advise the director in the preparation of the plans
13 required by section 306, after reasonable notice and a public
14 hearing has been held.
15 (3) Review local projects, especially with respect to
16 the goals, priorities and performance of the local projects
17 and nonutilization or duplication of the assistance available
18 under this chapter.
19 (4) Carry out continuing review of the operation of
20 local weatherization projects and the availability,
21 responsiveness and adequacy of the State program, and make
22 recommendations to the local projects, to the director and to
23 the general public with respect to ways to improve the
24 effectiveness of such programs.
25 (5) Make an annual report to the Governor, which shall
26 be a public document, and issue other studies, reports or
27 documents as it deems advisable to assist local projects or
28 to otherwise help carry out the purposes of this chapter.
29 (c) Compliance.--Whenever the conditions of section 301(c)
30 are met and the plans required by section 306 are submitted by
19870H0241B0262 - 19 -
1 an area applicant, the area applicant shall, to the maximum
2 extent practicable consistent with regulations prescribed by the
3 director, comply with the provisions of this section.
4 Section 308. Special provisions.
5 (a) Prevailing wage.--Wages and allowances shall be paid
6 under this chapter in accordance with the prevailing wage in the
7 area involved as determined by the Secretary of Labor and
8 Industry.
9 (b) Employment.--The director shall establish procedures,
10 after consultation with the Secretary of Labor and Industry, to
11 secure individuals to perform work (other than supervisory work)
12 on local weatherization projects, under which agencies,
13 organizations or other entities assisted under this chapter
14 shall:
15 (1) Give priority to youths aged 16 to 24.
16 (2) Make arrangements with State or local apprenticeship
17 boards or other apprenticeship programs for providing work
18 and training opportunities, including on-the-job training,
19 for eligible participants in projects carried out under this
20 chapter.
21 (c) Effect of projects.--The director shall determine that
22 local weatherization projects assisted under this chapter:
23 (1) Will result in an increase in employment
24 opportunities over those opportunities which would otherwise
25 be available.
26 (2) Will not result in the displacement of currently
27 employed workers (including partial displacement such as
28 reduction in the hours of nonovertime work, wages or
29 employment benefits).
30 (3) Will not impair existing contracts for services.
19870H0241B0262 - 20 -
1 (d) Supervision of projects.--Each agency, organization or
2 other entity receiving funds under this chapter shall assure an
3 adequate number of supervisory personnel for weatherization
4 projects, who shall be adequately trained in skills needed to
5 carry out a weatherization project and to instruct participants
6 in skills needed to carry out such a project.
7 Section 309. Designation of local weatherization projects.
8 (a) Community agencies, etc.--Upon approval of financial
9 assistance under this chapter, the director is authorized to
10 designate as a local weatherization project, subject to the
11 limitations set forth in section 305, a community action agency
12 carrying out programs, a migrant and seasonal farmworker
13 organization, a community development corporation, a community-
14 based organization, a public or private nonprofit agency, a
15 political subdivision or combination of political subdivisions
16 of the State, or any combination thereof, which:
17 (1) Has the authority to carry out the provisions of
18 this chapter and perform the functions set forth in section
19 211 within the area to be served.
20 (2) Is determined by the State to be capable of
21 planning, conducting, administering and evaluating, either
22 directly or by other arrangements, a weatherization project.
23 (b) Area served.--For the purposes of this chapter, an area
24 to be served may be a city, county or multicity or multicounty
25 unit within this Commonwealth or a neighborhood or other area
26 (irrespective of boundaries or political subdivisions) which
27 provides a suitable organizational base and possesses the
28 commonality of interest needed to operate a weatherization
29 project.
30 (c) Priority.--The director shall give priority in the
19870H0241B0262 - 21 -
1 designation of local weatherization projects to any local public
2 or private nonprofit agency which is receiving funds under any
3 weatherization program on the date of the enactment of this act,
4 except that the director shall, before giving such priority,
5 determine that the agency involved meets program and fiscal
6 requirements established by the director.
7 Section 310. Financial assistance for local weatherization
8 projects.
9 Upon approval of financial assistance under this chapter, the
10 director may, upon application by an agency, organization or
11 other entity which is eligible for designation as a local
12 weatherization project pursuant to section 309, provide
13 financial assistance to such agency, organization or other
14 entity for the planning, conduct, administration and evaluation
15 of a weatherization project to provide low-income and near-poor
16 individuals and families in the area with weatherization
17 assistance which will:
18 (1) Result in the reduction of energy usage and cost.
19 (2) Provide for direct participation of the low-income
20 and near-poor population of the area to be served in the
21 development, conduct and overall program direction at the
22 local level.
23 Section 311. Functions of local weatherization projects.
24 (a) Certain powers required.--In order to be designated as a
25 local weatherization project under this chapter, an agency,
26 organization or other entity must have authority under its
27 charter or applicable law to:
28 (1) Receive and administer funds under this chapter,
29 funds and contributions from private or local public sources
30 which may be used in support of a weatherization program and
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1 funds under any Federal or State assistance program pursuant
2 to which a public or private nonprofit agency organized in
3 accordance with this chapter, may act as a grantee,
4 contractor or sponsor of projects appropriate for inclusion
5 within a weatherization program.
6 (2) Transfer funds so received.
7 (3) Delegate powers to other agencies, subject to the
8 powers of its governing board and its overall program
9 responsibilities.
10 The power to transfer funds and delegate powers must include the
11 power to make transfers and delegations covering component parts
12 in any case in which the transfer or delegation would contribute
13 to efficiency and effectiveness or otherwise further the
14 objectives of this chapter.
15 (b) Program.--In order to be so designated, an agency,
16 organization or other entity desiring to conduct a local
17 weatherization project shall:
18 (1) Establish a local project advisory committee in
19 accordance with the regulations as the director may
20 prescribe.
21 (2) Provide for the regular participation of the
22 population to be served, or their representatives, in the
23 implementation of such weatherization project.
24 (3) Provide technical and other support needed to enable
25 low-income and near-poor individuals and families in the area
26 to secure on their own behalf available assistance from
27 public and private sources.
28 Section 312. Eligibility for participation in weatherization
29 programs.
30 (a) Eligibility.--Except as provided in subsection (b), low-
19870H0241B0262 - 23 -
1 income and near-poor individuals and families shall be eligible
2 for participation in programs assisted under this chapter if:
3 (1) Such individuals or families have incomes equal to
4 or less than 85% of the lower living standard income level.
5 (2) The residences of such individuals are determined to
6 need weatherization as determined by the agency, organization
7 or other entity conducting the local weatherization project
8 pursuant to criteria established by the director.
9 (b) Community projects.--The director shall issue
10 regulations setting forth conditions under which agencies,
11 organizations or other entities assisted under this chapter may
12 provide work for eligible employees under section 308 on
13 weatherization of housing for lower income families as part of
14 community revitalization or stabilization projects.
15 Section 313. Administrative provisions.
16 (a) General rule.--Each agency, organization or other entity
17 carrying out a weatherization project shall observe standards of
18 organization, management and administration which will assure,
19 so far as reasonably possible, that all program activities are
20 conducted in a manner consistent with the purposes of this
21 chapter and the objective of providing assistance effectively,
22 efficiently and free of any taint of partisan political bias or
23 personal or family favoritism. Each agency, organization or
24 entity shall establish or adopt rules to carry out this section,
25 which shall include rules to assure full staff accountability in
26 matters governed by law, regulatory or agency policy. Each
27 agency, organization or entity shall also provide for reasonable
28 public access to information, including, but not limited to,
29 public hearings at the request of appropriate area groups and
30 reasonable public access to books and records of the program.
19870H0241B0262 - 24 -
1 Each such agency, organization or entity shall adopt rules
2 designed to establish specific standards governing employee
3 benefits; to assure that only personnel capable of discharging
4 their duties with competence and integrity are employed and that
5 employees are promoted or advanced under impartial procedures
6 calculated to improve agency efficiency, performance and
7 effectiveness; to guard against personal or financial conflicts
8 of interest; and to define employee duties in an appropriate
9 manner which will in any case preclude employees from
10 participating, in connection with the performance of their
11 duties, in any form of picketing, protest or other direct action
12 which is in violation of law.
13 (b) Denial of financial assistance.--No financial assistance
14 may be provided under this chapter in any case in which the
15 director determines that:
16 (1) the costs of administering a program assisted under
17 this chapter exceed 15% of the total costs of such program;
18 or
19 (2) the cost of administration for the State or area
20 exceed 5% of the total costs.
21 The director shall establish, by regulation, criteria for
22 determining the costs of administering the program and the total
23 costs of the program.
24 (c) Reports.--The director, by general or special orders,
25 may require any recipient of financial assistance under this
26 chapter to provide, in such form as the director may prescribe,
27 such reports or answers in writing to specific questions,
28 surveys or questionnaires as may be necessary to enable the
29 director to carry out the director's functions under this
30 chapter.
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1 (d) Access to books, papers, etc.--The director and the
2 Auditor General, or any of their duly authorized
3 representatives, shall have access, for the purpose of audit and
4 examination, to any books, documents, papers, information and
5 records of any project receiving financial assistance under this
6 chapter that are pertinent to the financial assistance received
7 under this chapter.
8 (e) Payments.--Payments under this chapter may be made in
9 installments and in advance or by way of reimbursement, with
10 necessary adjustments on account of overpayments or
11 underpayments.
12 Section 314. Appeals, notice and hearings.
13 (a) Procedure.--Whenever the director finds that there is a
14 failure to comply substantially with the provisions of this
15 chapter, he shall notify the agency involved and other
16 interested parties that such agency is not or will no longer be
17 eligible to participate in the program under this chapter until
18 the director is satisfied that there is no longer any such
19 failure to comply.
20 (b) Hearings; appeals.--At the request of any party
21 aggrieved by a decision of the director, a hearing shall be held
22 upon the matter forthwith. Hearings under this act and appeals
23 therefrom shall be made as provided in Title 2 of the
24 Pennsylvania Consolidated Statutes (relating to administrative
25 law and procedure).
26 Section 315. Technical assistance and training.
27 The director may, directly or through grants or contracts,
28 provide:
29 (1) Technical assistance to area agencies and local
30 project agencies, organizations and entities in developing,
19870H0241B0262 - 26 -
1 conducting and administering programs under this chapter.
2 (2) Training for specialized or other personnel needed
3 in connection with weatherization programs.
4 Pursuant to section 304(c), the director may reserve funds to
5 carry out activities under this section.
6 Section 316. Monitoring and evaluation.
7 (a) Achievement of goals.--The director shall, directly or
8 through grants or contracts, provide for the continuing
9 evaluation of programs under this chapter, including evaluations
10 that measure the impact of assistance under this chapter, in
11 order to determine its effectiveness in achieving stated goals,
12 its impact on related programs and their structure and mechanism
13 for delivering services, including, where appropriate,
14 comparisons with appropriate control groups composed of
15 dwellings which did not receive weatherization assistance and
16 analyses of the period over which reduced energy consumption
17 repays the cost of weatherization assistance.
18 (b) Participants.--In carrying out these evaluations, the
19 director shall, whenever feasible, arrange to obtain the
20 specific views of individuals and families participating in and
21 served by programs and projects assisted under this chapter
22 about such programs and projects.
23 (c) Reports.--The director shall publish the results of
24 evaluative research and summaries of evaluations of program and
25 project impact and effectiveness not later than 90 days after
26 the completion thereof. The director shall submit to the
27 appropriate committees of the General Assembly copies of all
28 such research studies and evaluation summaries.
29 Section 317. Annual report.
30 The director shall submit, within 120 days of the close of
19870H0241B0262 - 27 -
1 each fiscal year, a report to the General Assembly and the
2 Governor describing the weatherization assistance program
3 carried out under this chapter, including the progress which has
4 been made in weatherizing dwellings and the effectiveness of the
5 program in achieving its stated goals and including the results
6 of the periodic evaluations and monitoring activities required
7 by section 316.
8 CHAPTER 5
9 CRISIS INTERVENTION PROGRAM AND OUTREACH
10 Section 501. Establishment of crisis intervention program.
11 (a) Elements of program.--
12 (1) The director shall develop and conduct a crisis
13 intervention program. In developing and conducting this
14 program, the director is authorized to make grants to provide
15 short-term assistance and counseling to low-income and near-
16 poor individuals and families threatened with severe hardship
17 or danger to health or life from lack of fuel, utility
18 shutoff or other energy-related crisis. Criteria for
19 assistance under this program shall not be based solely on
20 delinquency in payment of fuel bills.
21 (2) Crisis intervention activities may include, but are
22 not limited to, provision of blankets or warm clothing,
23 temporary loan of space heaters, emergency repairs of heating
24 systems, emergency delivery of fuel or firewood, provision of
25 temporary shelter, temporary emergency repairs to housing,
26 mediation with utility companies or fuel suppliers, financial
27 counseling and other similar services which will assist in
28 removing low-income individuals and families from an
29 immediate crisis situation, including all necessary outreach
30 and program support activities.
19870H0241B0262 - 28 -
1 (b) Publication of program.--No financial assistance may be
2 provided under this chapter until the director publishes a
3 program for crisis intervention.
4 (c) Rules and regulations.--The director, after consultation
5 with the Secretary of Health and the heads of such other State
6 departments and agencies as the director deems appropriate,
7 shall develop and publish in the Pennsylvania Bulletin for
8 public comment, not later than 45 days after the effective date
9 of this act, proposed regulations to carry out the provisions of
10 this chapter. The director shall take into consideration the
11 public comments submitted regarding such proposed regulations
12 and shall promulgate and publish final regulations for such
13 purposes not later than 90 days after the date of the enactment
14 of this act.
15 (d) Community action agencies.--Upon approval of financial
16 assistance under this chapter, financial assistance shall be
17 provided to community action agencies carrying out programs
18 under this act or other public agencies and private nonprofit
19 organizations that have demonstrated effectiveness in carrying
20 out crisis intervention services which:
21 (1) Have the authority to carry out the purposes of this
22 chapter.
23 (2) Are determined by the director to be capable of
24 planning, conducting, administering and evaluating, either
25 directly or by other arrangements, a crisis intervention
26 program.
27 Section 502. Authorization of appropriations.
28 (a) Amount.--There are authorized to be appropriated for
29 carrying out the provisions of this chapter such sums as may be
30 necessary for the fiscal year 1987-1988 and for each succeeding
19870H0241B0262 - 29 -
1 fiscal year.
2 (b) Inclusion in appropriation act.--For the purpose of
3 affording adequate notice of assistance available under this
4 chapter, appropriations under this chapter are authorized to be
5 included in an appropriation act for the fiscal year preceding
6 the fiscal year for which they are available for obligation.
7 Section 503. Allotments.
8 (a) Allotment formula.--Of the sums appropriated pursuant to
9 section 502 for any fiscal year, the director shall allot such
10 sums in accordance with subsections (b) and (c).
11 (b) Purposes.--
12 (1) The director shall allot 80% of the sums
13 appropriated pursuant to section 502 in each fiscal year so
14 that the percentage of the amount allotted under this
15 paragraph and available for use shall be the same percentage
16 as the percentage allotted under section 304(b).
17 (2) The allotments under this subsection shall be made
18 on the basis of the latest satisfactory data available to the
19 director.
20 (c) Remainder.--The director shall reserve the remainder of
21 the sums so appropriated for each fiscal year for expenditure in
22 cases of weather related disasters of sufficient severity and
23 magnitude to warrant supplemental crisis intervention activities
24 described in this chapter as the director determines will best
25 carry out the purposes of this act.
26 Section 504. Outreach activities.
27 (a) Enrollment in programs.--The director and an area
28 receiving assistance under Chapter 3 or under this chapter shall
29 conduct outreach activities to inform and enroll all eligible
30 low-income and near-poor individuals and families in:
19870H0241B0262 - 30 -
1 (1) Programs providing energy-related assistance
2 authorized under this act.
3 (2) Other Federal, State or local energy or energy-
4 related assistance for which they qualify, including, but not
5 limited to, energy audits, counseling, educational services,
6 energy assistance for help in paying high energy costs,
7 alternate energy technologies, consumer information and legal
8 assistance and weatherization. Such outreach activities shall
9 focus particularly on elderly and severely handicapped
10 individuals, individuals and families residing in remote
11 areas, the homebound, migrant and seasonal farmworkers,
12 individuals and families with limited English speaking
13 proficiency, the working poor and individuals and families
14 with children.
15 (b) Other agencies.--In carrying out outreach activities
16 under this chapter, the director and an area shall utilize
17 community action agencies carrying out programs authorized by
18 this act, migrant and seasonal farmworker organizations, area
19 agencies on aging, community-based organizations, State welfare
20 agencies, agencies receiving financial assistance under Chapter
21 3, volunteer programs carried out under the Federal Domestic
22 Volunteer Service Act of 1973 (Public Law 93-113, 87 Stat.394)
23 and other appropriate agencies as determined by the director.
24 Section 505. Annual report.
25 The director shall submit, within 120 days of the close of
26 each fiscal year, a report to the General Assembly and the
27 Governor describing the crisis intervention program carried out
28 under this chapter.
29 CHAPTER 7
30 ENERGY CONSERVATION SERVICES AND PROGRAM COORDINATION
19870H0241B0262 - 31 -
1 Section 701. Supplemental energy conservation services.
2 The director is authorized to provide financial assistance to
3 public agencies and nonprofit private organizations for:
4 (1) Educational and counseling activities for low-income
5 and near-poor energy consumers in energy-conserving practices
6 and sound residential energy management, self-help activities
7 in energy conservation and alternative energy applications
8 and the care and maintenance of weatherization and
9 alternative energy improvements to assure maximum efficiency
10 and long life, as well as projects which support the carrying
11 out of such care and maintenance activities.
12 (2) Assistance in the development, application and
13 support of alternative energy sources, including, but not
14 limited to, solar, wind, small-scale hydropower biomass
15 conversion and other technologies that capitalize on
16 nonfossil fuels and renewable energy sources or that make
17 conventional fuels available to the low-income and near-poor
18 at substantially decreased cost or increased efficiency.
19 (3) Assistance in the development and support of
20 community planning and coordination capability in energy
21 audit, energy conservation and alternative resource
22 development activities so as to insure the participation of
23 low-income and near-poor persons and communities in such
24 activities.
25 (4) Assistance for research, demonstration or pilot
26 projects designed to test or assist in the development of new
27 approaches or methods that will enable low-income and near-
28 poor individuals and families to participate in energy
29 conservation programs which lessen the impact of the high
30 cost of energy on such individuals and families and to reduce
19870H0241B0262 - 32 -
1 individual and family energy consumption, including, but not
2 limited to:
3 (i) Energy conservation education.
4 (ii) Weatherization of old or substandard dwellings,
5 improved space conditioning, insulation and energy
6 audits.
7 (iii) Emergency loans, grants and revolving funds to
8 install energy conservation technologies and to deal with
9 increased housing expenses relating to the energy crisis.
10 (iv) Alternative fuel supplies.
11 (v) Special fuel voucher or stamp programs.
12 (vi) Alternative transportation activities designed
13 to save fuel and assure continued access to training,
14 education and employment.
15 (vii) Appropriate outreach efforts.
16 (viii) Furnishing personnel to act as coordinators,
17 providing legal or technical assistance or otherwise
18 representing the interests of the poor in efforts
19 relating to the energy crisis.
20 (ix) Nutrition, health and other supportive services
21 in emergency cases.
22 (x) Evaluation of programs and activities under this
23 act.
24 Section 702. Program coordination.
25 The Governor shall establish procedures to assure the
26 coordination of all energy conservation and energy assistance
27 programs that affect low-income and near-poor individuals and
28 families carried out by any department or agency of the State
29 government.
30 CHAPTER 21
19870H0241B0262 - 33 -
1 MISCELLANEOUS PROVISIONS
2 Section 2101. Appropriation.
3 There is hereby appropriated to the State Weatherization
4 Council, for carrying out the provisions of this chapter,
5 $100,000 for the fiscal year 1987-1988 and for each succeeding
6 fiscal year on a continuing basis.
7 Section 2102. Effective date.
8 This act shall take effect in 60 days.
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