PRINTER'S NO. 434
No. 404 Session of 1985
INTRODUCED BY RICHARDSON, IRVIS, SWEET, DeWEESE, PRESTON, COLE,
PISTELLA, LINTON, FATTAH, DAWIDA, OLIVER, MICHLOVIC, TRUMAN,
DONATUCCI, CARN, STEWART AND WOZNIAK, FEBRUARY 13, 1985
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 13, 1985
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 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 TABLE OF CONTENTS
9 Chapter 1. General Provisions
10 Section 101. Short title.
11 Section 102. Findings and declaration of policy.
12 Section 103. Statement of purpose.
13 Section 104. Definitions.
14 Section 105. Income disregard.
15 Chapter 2. Weatherization Program
16 Section 201. Establishment of weatherization program.
17 Section 202. Financial assistance for weatherization programs.
18 Section 203. Appropriations.
19 Section 204. Grants.
1 Section 205. Limitations.
2 Section 206. State plans and requirements.
3 Section 207. State Weatherization Council.
4 Section 208. Special provisions.
5 Section 209. Designation of local weatherization projects.
6 Section 210. Financial assistance for local weatherization
7 projects.
8 Section 211. Functions of local weatherization projects.
9 Section 212. Eligibility for participation in weatherization
10 programs.
11 Section 213. Administrative provisions.
12 Section 214. Appeals, notice and hearings.
13 Section 215. Technical assistance and training.
14 Section 216. Monitoring and evaluation.
15 Section 217. Annual report.
16 Chapter 3. Crisis Intervention Program and Outreach
17 Section 301. Establishment of crisis intervention program.
18 Section 302. Authorization of appropriations.
19 Section 303. Allotments.
20 Section 304. Outreach activities.
21 Section 305. Annual report.
22 Chapter 4. Energy Conservation Services and Program
23 Coordination
24 Section 401. Supplemental energy conservation services.
25 Section 402. Program coordination.
26 Section 403. Appropriation.
27 Section 404. Effective date.
28 CHAPTER 1
29 GENERAL PROVISIONS
30 Section 101. Short title.
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1 This act shall be known and may be cited as the Comprehensive
2 Energy Conservation Services Act.
3 Section 102. Findings and declaration of policy.
4 The General Assembly finds and declares that:
5 (1) Rising energy costs have significantly reduced the
6 real purchasing power of low-income and near-poor individuals
7 and families, particularly elderly and severely handicapped
8 individuals, in the United States to levels at which they are
9 unable to acquire the necessities of life.
10 (2) The real incomes of households receiving government
11 assistance payments as a primary income source have
12 diminished in proportion to the real incomes of other
13 households in the United States.
14 (3) Throughout the country, the cost of essential
15 residential energy supplies imposes a disproportionately
16 larger burden on the incomes of low-income and near-poor
17 individuals and families than on the incomes of other
18 individuals and families, and in some parts of the United
19 States this energy expenditure differential between income
20 groups is extreme.
21 (4) Low-income Americans generally use less energy per
22 capita than other Americans, because they have already
23 reduced their energy usage to the extent the conditions of
24 their dwellings and equipment will allow, and further energy
25 savings can only be made primarily through improvements to
26 their dwellings and equipment.
27 (5) The housing occupied by the low-income and near-poor
28 is generally not energy efficient, is usually older and
29 frequently in need of home repair.
30 (6) High energy costs contribute to landlord abandonment
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1 and the deterioration of housing in low-income and near-poor
2 neighborhoods.
3 (7) Low-income households need a variety of forms of
4 assistance to reduce energy costs, including financial
5 support, energy conservation education, weatherization
6 services and capital improvements assistance.
7 It is, therefore, the policy of this Commonwealth that energy
8 conservation services and energy assistance should be available
9 to low-income and near-poor individuals and families in order to
10 lessen the impact of high energy costs on these individuals and
11 families, reduce individual and family energy consumption and
12 provide individuals and families with the opportunity to become
13 more self-reliant and less dependent on increasingly scarce
14 nonrenewable sources of energy.
15 Section 103. Statement of purpose.
16 (a) Comprehensive program.--This act establishes a
17 comprehensive energy conservation services program to provide
18 low-income and near-poor individuals and families with
19 weatherization services, crisis intervention assistance, energy
20 conservation education and outreach services; prescribes the
21 functions and structure of the administrative mechanisms
22 responsible for administering the various components of the
23 comprehensive energy conservation services program; and
24 authorizes comprehensive energy-related research, demonstration
25 and pilot projects designed to enhance the ability of the
26 Commonwealth to respond to the energy needs of low-income and
27 near-poor individuals and families. This act also requires the
28 coordination of all energy programs throughout the Commonwealth
29 which serve the low-income and near-poor.
30 (b) Specific purposes enumerated.--It is the basic purpose
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1 of this act to stimulate and encourage the development and
2 implementation of programs for low-income and near-poor
3 individuals and families that will lessen the impact of high
4 energy costs, reduce individual and family energy consumption,
5 reduce dependence on nonrenewable sources of energy and focus
6 all available local and State resources in such a way as to
7 maximize the potential for achieving the objectives of this act.
8 The specific purposes of this act are to:
9 (1) Encourage a partnership of State and local resources
10 to reduce the dependence of low-income and near-poor
11 individuals and families on increasingly scarce nonrenewable
12 sources of energy and thereby lessen American dependence on
13 scarce energy resources, especially resources which are
14 derived from the importation of foreign energy supplies.
15 (2) Lessen the consumption of foreign and domestic
16 energy supplies by undertaking a comprehensive initiative to
17 weatherize and make energy-efficient the dwellings of low-
18 income and near-poor individuals and families by improving
19 the energy efficiency of their dwelling places and providing
20 access to capital energy improvements assistance.
21 (3) Provide crisis intervention assistance to alleviate
22 the threat to the health and well-being of low-income and
23 near-poor individuals and families created by a shortage of
24 energy supplies or by severe weather conditions.
25 (4) Promote and encourage employment and enterprise
26 development opportunities for low-income and near-poor
27 individuals and families and communities in the fields of
28 energy conservation and alternative energy development.
29 (5) Carry out education programs that will assist low-
30 income and near-poor individuals and families in adopting
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1 sound conservation practices that will maximize the benefits
2 achieved through conservation and the use of alternative
3 energy.
4 Section 104. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Council." Each State Weatherization Council established
9 pursuant to section 207.
10 "Director." The Director of Weatherization, who shall be
11 appointed by the Secretary of Public Welfare.
12 "Lower living standard income level." That income level
13 (adjusted for regional, metropolitan, urban and rural
14 differences and family size) determined annually by the United
15 States Secretary of Labor based upon the most recent "lower
16 living family budget" issued by such Secretary of Labor.
17 "Severely handicapped individual." An individual with a
18 disability which requires multiple services over an extended
19 period of time and results from amputation, blindness, cancer,
20 cerebral palsy, cystic fibrosis, deafness, heart disease,
21 hemiplegia, mental retardation, mental illness, multiple
22 sclerosis, muscular dystrophy, neurological disorders (including
23 stroke and epilepsy), paraplegia, quadriplegia and other spinal
24 cord conditions, renal failure, respiratory or pulmonary
25 dysfunction and any other disability specified by the Secretary
26 of Health in regulations the secretary shall prescribe.
27 Section 105. Income disregard.
28 Notwithstanding any other provision of law, the value of any
29 assistance provided to any eligible individual or family under
30 this act shall not be considered income or resources for any
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1 purpose, including, but not limited to, the determination of
2 eligibility or benefit levels under any Federal, State or local
3 law, including any law relating to taxation or public assistance
4 program.
5 CHAPTER 2
6 WEATHERIZATION PROGRAM
7 Section 201. Establishment of weatherization program.
8 (a) Program.--The director shall develop and conduct, in
9 accordance with the purposes and provisions of this chapter, a
10 weatherization program. In developing and conducting such
11 program, the director is authorized to make grants to low-income
12 or near-poor individuals or families, including migrant and
13 seasonal farmworker organizations. Such grants shall be made for
14 the purpose of furnishing financial assistance to projects
15 designed to provide for the weatherization of dwellings occupied
16 by low-income or near-poor individuals or families.
17 (b) Regulation.--
18 (1) The director, after consultation with the Secretary
19 of Labor and Industry, the Secretary of Health, State housing
20 agencies, the Secretary of Agriculture and the heads of such
21 other State departments and agencies as the director deems
22 appropriate, shall develop and publish in the Pennsylvania
23 Bulletin, for public comment, proposed regulations to carry
24 out the provisions of this chapter not later than 60 days
25 following the effective date of this act. The director shall
26 promulgate and publish final regulations for such purposes
27 not later than 60 days after the date on which proposed
28 regulations are published. Not later than March 15, the
29 director shall promulgate and publish such regulations or
30 modifications of existing regulations, as may be necessary,
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1 in each fiscal year beginning after July 1, 1985.
2 (2) The regulations promulgated pursuant to this chapter
3 shall include provisions:
4 (i) Prescribing standards for weatherization
5 materials, energy conservation techniques and balanced
6 combinations thereof, which are designed to achieve a
7 healthful living environment and maximum practicable
8 energy conservation, taking into account variations in
9 climatic and structural settings and other relevant
10 factors.
11 (ii) Prescribing wages and allowances, maximum wage
12 limitations, procedures for securing individuals to
13 perform work and other labor provisions in accordance
14 with the requirements of section 208.
15 (iii) Prescribing the maximum financial assistance
16 available under this chapter for specific categories of
17 dwellings.
18 Section 202. Financial assistance for weatherization programs.
19 The director shall provide financial assistance to each area
20 of the State which has met the requirements of section 206 for
21 the purpose of carrying out the activities authorized under this
22 chapter.
23 Section 203. Appropriation.
24 (a) Amounts.--There is hereby appropriated, for carrying out
25 the provisions of this chapter, $5,000,000 for the fiscal year
26 1985-1986, $7,500,000 for the fiscal year 1986-1987 and
27 $9,500,000 for the fiscal year 1987-1988. Funds so appropriated
28 shall remain available for obligation and expenditure during the
29 fiscal year succeeding the fiscal year for which they are
30 appropriated.
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1 (b) Extension of authorization.--
2 (1) Unless the General Assembly, in the regular session
3 which ends prior to the beginning of the terminal fiscal year
4 of the authorization of appropriations for the program
5 authorized by this act, either:
6 (i) has passed or has formally rejected legislation
7 which would have the effect of extending the
8 authorization of that program; or
9 (ii) by action of either the House of
10 Representatives or the Senate, approves a resolution
11 stating that the provisions of this subparagraph shall no
12 longer apply to such program;
13 this authorization is hereby automatically extended for one
14 additional fiscal year. The amount appropriated for such
15 additional year shall not exceed the amount which the General
16 Assembly could, under the terms of the law for which the
17 appropriation is made, have appropriated for such program during
18 such terminal year.
19 (2) (i) For the purposes of paragraph (1)(i) the
20 General Assembly shall not have been deemed to have
21 passed legislation unless such legislation becomes law.
22 (ii) In any case in which the director is required
23 under this act to carry out certain acts or make certain
24 determinations which are necessary for the continuation
25 of the program authorized by this act, if such acts or
26 determinations are required during the terminal year of
27 such program, such acts and determinations shall be
28 required during any fiscal year in which paragraph (1)
29 may apply.
30 Section 204. Grants.
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1 (a) Use of appropriation.--Ninety-five per cent of the
2 amounts appropriated in section 203 shall be used for grants to
3 low-income or near-poor individuals and families.
4 (b) Remainder.--
5 (1) The director shall reserve the remainder of the sums
6 so appropriated for each fiscal year for use for:
7 (i) Administrative costs.
8 (ii) Training and technical assistance activities
9 pursuant to section 215 which, at a minimum, are
10 sufficient to meet the needs associated with program
11 expansion and to foster program and management
12 improvement activities.
13 (iii) Evaluation activities carried out pursuant to
14 section 216.
15 (iv) Demonstration, research and pilot projects
16 carried out pursuant to section 401.
17 (2) From the funds appropriated pursuant to section 203
18 for any fiscal year, not to exceed $200,000 in each fiscal
19 year shall be available for administrative costs under
20 paragraph (1)(i).
21 (c) Weatherization councils.--An amount not to exceed 1% of
22 the amount appropriated under section 203, but not less than
23 $25,000, shall be allocated for purposes of carrying out the
24 provisions of section 207.
25 (d) Grants to certain organization.--
26 (1) Notwithstanding any other provision of this chapter,
27 when the director determines (after having taken into account
28 the amount of funds made available to carry out this chapter)
29 that:
30 (i) low-income and near-poor migrant and seasonal
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1 farmworkers are not receiving benefits under this chapter
2 that are equivalent to the assistance provided to other
3 low-income and near-poor individuals and families under
4 this chapter; or
5 (ii) that such migrant and seasonal farmworkers
6 would be better served by means of a grant made directly
7 to provide such assistance;
8 the director shall reserve not less than 1% of the total amount
9 of grant money which has been made to all eligible households in
10 the State.
11 (2) The sums reserved by the director on the basis of
12 the director's determination under this subsection shall be
13 granted to an organization serving the individuals for whom
14 such a determination has been made, or where there is no such
15 organization, to such other entity as the director determines
16 has the capacity to provide services pursuant to this
17 chapter.
18 (3) In order for an organization or other entity to be
19 eligible for a grant for a fiscal year under this subsection,
20 it shall submit to the director plans meeting the
21 requirements set forth in section 206.
22 Section 205. Limitations.
23 (a) Use of grants.--
24 (1) Not more than 25% of any grant made under this
25 chapter may be used for program support. The remainder of
26 such grant shall be used for the purchase of weatherization
27 materials and for labor costs. The director may prescribe
28 regulations to further limit the percentage of a grant
29 available for program support under the first sentence of
30 this paragraph. The director may prescribe regulations to
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1 prescribe the percentage of such a grant available for
2 weatherization materials and for labor costs.
3 (2) Program support shall include activities which
4 enable an agency, organization or other entity designated as
5 a local weatherization project to carry out the provisions of
6 this chapter, including, but not limited to, project
7 management, audit and direction; coordination and
8 mobilization of resources; purchase of needed tools and
9 equipment; transportation of workers and materials; storage
10 of materials and equipment; outreach activities for, and
11 eligibility determinations of, eligible individuals and
12 families; inspection and quality control; insurance;
13 preparation of required reports; and other similar activities
14 which encourage the safe and effective operation of
15 weatherization projects.
16 (b) Financial assistance.--The director shall insure that
17 financial assistance provided under this chapter shall:
18 (1) Be allocated within the State or area in accordance
19 with a published State or area plan, which is adopted by the
20 director after notice and a public hearing, describing the
21 proposed funding distributions and recipients.
22 (2) Be allocated, pursuant to such State or area plan,
23 to community action agencies carrying out programs under this
24 act, migrant and seasonal farmworker organizations, community
25 development corporations, community-based organizations, or
26 to other public or private nonprofit agencies or
27 organizations that have demonstrated effectiveness in
28 supervising or carrying out weatherization services so that
29 funds will be allocated on the basis of the relative need for
30 weatherization assistance among the low-income and near-poor
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1 individuals within the State or area, taking into account:
2 (i) The climatic conditions.
3 (ii) The condition of dwelling places with respect
4 to the energy efficiency.
5 (iii) Energy usage and cost.
6 (iv) The type of weatherization work to be
7 performed.
8 (v) Such other factors as the director may
9 determine.
10 (3) Be terminated or discontinued during the application
11 period only in accordance with the policies and procedures
12 set forth in section 214.
13 (c) Community action agencies.--In allocating funds for
14 carrying out weatherization projects within the State under
15 subsection (b), the director shall give priority to community
16 action agencies within the State for so much of the geographical
17 area as is served by each such agency, except that the
18 requirement of this subsection shall not apply if the director
19 determines that:
20 (1) a community action agency has a pattern of
21 ineffective administration of programs under this act; or
22 (2) a community action agency is not of sufficient size
23 and cannot in timely fashion develop the capacity to support
24 the scope of the project to be carried out in such area with
25 financial assistance under this chapter.
26 In carrying out the provisions of this subsection, the director
27 shall give due consideration to the results of periodic
28 evaluations of the projects carried out under this chapter in
29 light of available information regarding the current and
30 anticipated energy and weatherization needs of the low-income
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1 and near-poor individuals within the State.
2 Section 206. State plans and requirements.
3 (a) Submission of plan.--In order to disburse financial
4 assistance under this chapter, the director shall formulate a
5 weatherization plan in consultation with the State
6 weatherization council. Each plan shall be submitted for a
7 three-year period, together with annual revisions as the
8 director may prescribe.
9 (b) Content of plan.--The plan shall:
10 (1) Include an analysis of the area to be served,
11 including climate, energy usage and cost, energy efficiency
12 of dwellings, the number of dwellings in need of
13 weatherization services, the estimated number and
14 characteristics of dwellings to be assisted and the type of
15 weatherization services to be performed.
16 (2) Include a statement of the long-term goals of the
17 plan for the improvement of the energy efficiency of the
18 dwellings in the area to be served.
19 (3) Describe in detail:
20 (i) Administrative arrangements for carrying out the
21 plan, including the procedures to be used to designate
22 local projects (including criteria for determining that a
23 local project applicant has demonstrated effectiveness),
24 to approve local projects, to evaluate and audit the
25 operation of local projects and to process complaints and
26 grievances.
27 (ii) The methods to be used to identify and the
28 criteria to be used for selecting dwellings to receive
29 weatherization services and the priorities to govern the
30 provisions of weatherization assistance to low-income and
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1 near-poor individuals and families, including methods to
2 provide priority to elderly and severely handicapped low-
3 income and near-poor individuals.
4 (iii) The procedures for consultation with the local
5 project policy advisory councils.
6 (iv) The policies and procedures designed to assure
7 that financial assistance provided under this chapter
8 will be used to supplement and not to supplant Federal or
9 local funds for training participants and public service
10 employment workers.
11 (v) (A) Policies and procedures designed to assure
12 that owners, renters and owners of rental property
13 will be treated equitably in carrying out the
14 purposes of this chapter, including the establishment
15 of goals and timetables with respect to the number of
16 rental properties to be weatherized.
17 (B) Criteria for avoiding undue enhancement of
18 the market value of rental property.
19 (vi) A proposed budget for each year.
20 (vii) The procedures to be used to obtain
21 weatherization materials.
22 (4) Describe in detail arrangements to insure that:
23 (i) Nondiscrimination and equal employment
24 opportunities are provided.
25 (ii) Procedures are developed which will lead to
26 skill development and job opportunities for workers under
27 this chapter in occupations traditionally limited to
28 individuals of the opposite sex.
29 (5) Describe in detail the procedures to be used to
30 distribute funds within areas of the State or area to be
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1 served pursuant to section 205.
2 (6) Describe in detail procedures for compliance with
3 section 208, relating to special provisions on wages,
4 allowances and referral of individuals.
5 (7) A description of the outreach activities consistent
6 with section 304 to be conducted to inform eligible low-
7 income and near-poor individuals and families of
8 weatherization assistance under this chapter, and to refer
9 such individuals and families to the program of assistance
10 under this act.
11 (8) Describe:
12 (i) Plans and activities to coordinate, strengthen
13 and expand employment and training activities under this
14 chapter with employment and training activities in the
15 private sector.
16 (ii) The relationship between job development and
17 placement under this chapter and other employment and
18 training programs and the efforts made or planned to
19 coordinate programs under this chapter with such other
20 programs.
21 (iii) The efforts to be undertaken to involve the
22 private sector in activities under this chapter.
23 (9) Describe in detail the recordkeeping procedures for
24 the expenditure of funds received under this chapter,
25 including procedures for property acquisition, inventory
26 control and maintenance of payroll records, which will enable
27 the director to audit and monitor programs and will assure
28 adequate supervision and monitoring of local projects by the
29 applicants, particularly with respect to the eligibility of
30 participants, the propriety of participant selection
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1 procedures and practices and the purchase and disposition of
2 materials.
3 (10) Include adequate assurances of compliance with all
4 provisions of this chapter and regulations promulgated
5 pursuant to this chapter.
6 (c) Establishment of certain standards and procedures.--The
7 director shall establish, within 120 days after the effective
8 date of this act:
9 (1) Criteria and standards for the plan requirements
10 under this section.
11 (2) Procedures for submittal, approval and
12 implementation of changes in the weatherization plan,
13 together with any reports required under this chapter.
14 (d) Compliance.--Whenever the director, after reasonable
15 notice and opportunity for a hearing, finds that:
16 (1) the State plan has been so changed that it no longer
17 complies substantially with the provisions of subsection (b);
18 or
19 (2) in the administration of the plan there is a failure
20 to comply substantially with any provision of subsection (b);
21 the director shall cease further payments from allotments under
22 section 204 or, in the director's discretion, may limit further
23 payments to projects or portions of the State plan not affected
24 by such failure, until the director is satisfied that there will
25 no longer be any failure to comply.
26 Section 207. State Weatherization Council.
27 (a) Establishment and composition.--
28 (1) There is hereby established the State Weatherization
29 Council. Funding for the council shall be provided pursuant
30 to section 204(c).
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1 (2) The council shall be appointed by the Governor. The
2 Governor shall furnish staff to provide professional,
3 technical and clerical assistance to the council.
4 (3) The council shall be composed of:
5 (i) Representatives of the eligible population
6 (including significant segments thereof), who together
7 shall constitute one-third of the membership of the
8 council.
9 (ii) Representatives of organized labor, business,
10 agricultural employers and workers, energy providers and
11 members of the general public, who together shall
12 constitute one-third of the membership of the council.
13 (iii) Representatives of the political subdivisions
14 or combinations of the political subdivisions of the
15 State (including local elected officials currently
16 holding office), and agencies serving the eligible
17 population, who together shall constitute one-third of
18 the membership of the council, including at least:
19 (A) A representative of the area agencies on
20 aging within the State.
21 (B) A representative of the State Vocational
22 Rehabilitation Agency.
23 (C) A representative of the State agency
24 responsible for energy matters.
25 (D) A representative of the State office of the
26 action agency.
27 (E) A representative of the State office of
28 economic opportunity.
29 (F) A representative of the State Employment and
30 Training Council.
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1 (G) Two representatives of the leadership of the
2 General Assembly.
3 (4) The council shall meet at such times, but at least
4 three times per year, and in such places within the State as
5 it deems appropriate. The meetings shall be publicly
6 announced and, except when inappropriate, open and accessible
7 to the general public.
8 (b) Powers and duties.--The council shall:
9 (1) Elect a chairperson from among the council
10 membership.
11 (2) Advise the director in the preparation of the plans
12 required by section 206, after reasonable notice and a public
13 hearing has been held.
14 (3) Review local projects, especially with respect to
15 the goals, priorities and performance of the local projects
16 and nonutilization or duplication of the assistance available
17 under this chapter.
18 (4) Carry out continuing review of the operation of
19 local weatherization projects and the availability,
20 responsiveness and adequacy of the State program, and make
21 recommendations to the local projects, to the director and to
22 the general public with respect to ways to improve the
23 effectiveness of such programs.
24 (5) Make an annual report to the Governor, which shall
25 be a public document, and issue other studies, reports or
26 documents as it deems advisable to assist local projects or
27 to otherwise help carry out the purposes of this chapter.
28 (c) Compliance.--Whenever the conditions of section 201(c)
29 are met and the plans required by section 206 are submitted by
30 an area applicant, the area applicant shall, to the maximum
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1 extent practicable consistent with regulations prescribed by the
2 director, comply with the provisions of this section.
3 Section 208. Special provisions.
4 (a) Prevailing wage.--Wages and allowances shall be paid
5 under this chapter in accordance with the prevailing wage in the
6 area involved as determined by the Secretary of Labor and
7 Industry.
8 (b) Employment.--The director shall establish procedures,
9 after consultation with the Secretary of Labor and Industry, to
10 secure individuals to perform work (other than supervisory work)
11 on local weatherization projects, under which agencies,
12 organizations or other entities assisted under this chapter
13 shall:
14 (1) Give priority to youths aged 16 to 24.
15 (2) Make arrangements with State or local apprenticeship
16 boards or other apprenticeship programs for providing work
17 and training opportunities, including on-the-job training,
18 for eligible participants in projects carried out under this
19 chapter.
20 (c) Effect of projects.--The director shall determine that
21 local weatherization projects assisted under this chapter:
22 (1) Will result in an increase in employment
23 opportunities over those opportunities which would otherwise
24 be available.
25 (2) Will not result in the displacement of currently
26 employed workers (including partial displacement such as
27 reduction in the hours of nonovertime work, wages or
28 employment benefits).
29 (3) Will not impair existing contracts for services.
30 (d) Supervision of projects.--Each agency, organization or
19850H0404B0434 - 20 -
1 other entity receiving funds under this chapter shall assure an
2 adequate number of supervisory personnel for weatherization
3 projects, who shall be adequately trained in skills needed to
4 carry out a weatherization project and to instruct participants
5 in skills needed to carry out such a project.
6 Section 209. Designation of local weatherization projects.
7 (a) Community agencies, etc.--Upon approval of financial
8 assistance under this chapter, the director is authorized to
9 designate as a local weatherization project, subject to the
10 limitations set forth in section 205, a community action agency
11 carrying out programs, a migrant and seasonal farmworker
12 organization, a community development corporation, a community-
13 based organization, a public or private nonprofit agency, a
14 political subdivision or combination of political subdivisions
15 of the State, or any combination thereof, which:
16 (1) Has the authority to carry out the provisions of
17 this chapter and perform the functions set forth in section
18 211 within the area to be served.
19 (2) Is determined by the State to be capable of
20 planning, conducting, administering and evaluating, either
21 directly or by other arrangements, a weatherization project.
22 (b) Area served.--For the purposes of this chapter, an area
23 to be served may be a city, county or multicity or multicounty
24 unit within this Commonwealth or a neighborhood or other area
25 (irrespective of boundaries or political subdivisions) which
26 provides a suitable organizational base and possesses the
27 commonality of interest needed to operate a weatherization
28 project.
29 (c) Priority.--The director shall give priority in the
30 designation of local weatherization projects to any local public
19850H0404B0434 - 21 -
1 or private nonprofit agency which is receiving funds under any
2 weatherization program on the date of the enactment of this act,
3 except that the director shall, before giving such priority,
4 determine that the agency involved meets program and fiscal
5 requirements established by the director.
6 Section 210. Financial assistance for local weatherization
7 projects.
8 Upon approval of financial assistance under this chapter, the
9 director may, upon application by an agency, organization or
10 other entity which is eligible for designation as a local
11 weatherization project pursuant to section 209, provide
12 financial assistance to such agency, organization or other
13 entity for the planning, conduct, administration and evaluation
14 of a weatherization project to provide low-income and near-poor
15 individuals and families in the area with weatherization
16 assistance which will:
17 (1) Result in the reduction of energy usage and cost.
18 (2) Provide for direct participation of the low-income
19 and near-poor population of the area to be served in the
20 development, conduct and overall program direction at the
21 local level.
22 Section 211. Functions of local weatherization projects.
23 (a) Certain powers required.--In order to be designated as a
24 local weatherization project under this chapter, an agency,
25 organization or other entity must have authority under its
26 charter or applicable law to:
27 (1) Receive and administer funds under this chapter,
28 funds and contributions from private or local public sources
29 which may be used in support of a weatherization program and
30 funds under any Federal or State assistance program pursuant
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1 to which a public or private nonprofit agency organized in
2 accordance with this chapter, may act as a grantee,
3 contractor or sponsor of projects appropriate for inclusion
4 within a weatherization program.
5 (2) Transfer funds so received.
6 (3) Delegate powers to other agencies, subject to the
7 powers of its governing board and its overall program
8 responsibilities.
9 The power to transfer funds and delegate powers must include the
10 power to make transfers and delegations covering component parts
11 in any case in which the transfer or delegation would contribute
12 to efficiency and effectiveness or otherwise further the
13 objectives of this chapter.
14 (b) Program.--In order to be so designated, an agency,
15 organization or other entity desiring to conduct a local
16 weatherization project shall:
17 (1) Establish a local project advisory committee in
18 accordance with the regulations as the director may
19 prescribe.
20 (2) Provide for the regular participation of the
21 population to be served, or their representatives, in the
22 implementation of such weatherization project.
23 (3) Provide technical and other support needed to enable
24 low-income and near-poor individuals and families in the area
25 to secure on their own behalf available assistance from
26 public and private sources.
27 Section 212. Eligibility for participation in weatherization
28 programs.
29 (a) Eligibility.--Except as provided in subsection (b), low-
30 income and near-poor individuals and families shall be eligible
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1 for participation in programs assisted under this chapter if:
2 (1) Such individuals or families have incomes equal to
3 or less than 85% of the lower living standard income level.
4 (2) The residences of such individuals are determined to
5 need weatherization as determined by the agency, organization
6 or other entity conducting the local weatherization project
7 pursuant to criteria established by the director.
8 (b) Community projects.--The director shall issue
9 regulations setting forth conditions under which agencies,
10 organizations or other entities assisted under this chapter may
11 provide work for eligible employees under section 208 on
12 weatherization of housing for lower income families as part of
13 community revitalization or stabilization projects.
14 Section 213. Administrative provisions.
15 (a) General rule.--Each agency, organization or other entity
16 carrying out a weatherization project shall observe standards of
17 organization, management and administration which will assure,
18 so far as reasonably possible, that all program activities are
19 conducted in a manner consistent with the purposes of this
20 chapter and the objective of providing assistance effectively,
21 efficiently and free of any taint of partisan political bias or
22 personal or family favoritism. Each agency, organization or
23 entity shall establish or adopt rules to carry out this section,
24 which shall include rules to assure full staff accountability in
25 matters governed by law, regulatory or agency policy. Each
26 agency, organization or entity shall also provide for reasonable
27 public access to information, including, but not limited to,
28 public hearings at the request of appropriate area groups and
29 reasonable public access to books and records of the program.
30 Each such agency, organization or entity shall adopt rules
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1 designed to establish specific standards governing employee
2 benefits; to assure that only personnel capable of discharging
3 their duties with competence and integrity are employed and that
4 employees are promoted or advanced under impartial procedures
5 calculated to improve agency efficiency, performance and
6 effectiveness; to guard against personal or financial conflicts
7 of interest; and to define employee duties in an appropriate
8 manner which will in any case preclude employees from
9 participating, in connection with the performance of their
10 duties, in any form of picketing, protest or other direct action
11 which is in violation of law.
12 (b) Denial of financial assistance.--No financial assistance
13 may be provided under this chapter in any case in which the
14 director determines that:
15 (1) the costs of administering a program assisted under
16 this chapter exceed 15% of the total costs of such program;
17 or
18 (2) the cost of administration for the State or area
19 exceed 5% of the total costs.
20 The director shall establish, by regulation, criteria for
21 determining the costs of administering the program and the total
22 costs of the program.
23 (c) Reports.--The director, by general or special orders,
24 may require any recipient of financial assistance under this
25 chapter to provide, in such form as the director may prescribe,
26 such reports or answers in writing to specific questions,
27 surveys or questionnaires as may be necessary to enable the
28 director to carry out the director's functions under this
29 chapter.
30 (d) Access to books, papers, etc.--The director and the
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1 Auditor General, or any of their duly authorized
2 representatives, shall have access, for the purpose of audit and
3 examination, to any books, documents, papers, information and
4 records of any project receiving financial assistance under this
5 chapter that are pertinent to the financial assistance received
6 under this chapter.
7 (e) Payments.--Payments under this chapter may be made in
8 installments and in advance or by way of reimbursement, with
9 necessary adjustments on account of overpayments or
10 underpayments.
11 Section 214. Appeals, notice and hearings.
12 (a) Procedure.--Whenever the director finds that there is a
13 failure to comply substantially with the provisions of this
14 chapter, he shall notify the agency involved and other
15 interested parties that such agency is not or will no longer be
16 eligible to participate in the program under this chapter until
17 the director is satisfied that there is no longer any such
18 failure to comply.
19 (b) Hearings; appeals.--At the request of any party
20 aggrieved by a decision of the director, a hearing shall be held
21 upon the matter forthwith. Hearings under this act and appeals
22 therefrom shall be made as provided in Title 2 of the
23 Pennsylvania Consolidated Statutes (relating to administrative
24 law and procedure).
25 Section 215. Technical assistance and training.
26 The director may, directly or through grants or contracts,
27 provide:
28 (1) Technical assistance to area agencies and local
29 project agencies, organizations and entities in developing,
30 conducting and administering programs under this chapter.
19850H0404B0434 - 26 -
1 (2) Training for specialized or other personnel needed
2 in connection with weatherization programs.
3 Pursuant to section 204(c), the director may reserve funds to
4 carry out activities under this section.
5 Section 216. Monitoring and evaluation.
6 (a) Achievement of goals.--The director shall, directly or
7 through grants or contracts, provide for the continuing
8 evaluation of programs under this chapter, including evaluations
9 that measure the impact of assistance under this chapter, in
10 order to determine its effectiveness in achieving stated goals,
11 its impact on related programs and their structure and mechanism
12 for delivering services, including, where appropriate,
13 comparisons with appropriate control groups composed of
14 dwellings which did not receive weatherization assistance and
15 analyses of the period over which reduced energy consumption
16 repays the cost of weatherization assistance.
17 (b) Participants.--In carrying out these evaluations, the
18 director shall, whenever feasible, arrange to obtain the
19 specific views of individuals and families participating in and
20 served by programs and projects assisted under this chapter
21 about such programs and projects.
22 (c) Reports.--The director shall publish the results of
23 evaluative research and summaries of evaluations of program and
24 project impact and effectiveness not later than 90 days after
25 the completion thereof. The director shall submit to the
26 appropriate committees of the General Assembly copies of all
27 such research studies and evaluation summaries.
28 Section 217. Annual report.
29 The director shall submit, within 120 days of the close of
30 each fiscal year, a report to the General Assembly and the
19850H0404B0434 - 27 -
1 Governor describing the weatherization assistance program
2 carried out under this chapter, including the progress which has
3 been made in weatherizing dwellings and the effectiveness of the
4 program in achieving its stated goals and including the results
5 of the periodic evaluations and monitoring activities required
6 by section 216.
7 CHAPTER 3
8 CRISIS INTERVENTION PROGRAM AND OUTREACH
9 Section 301. Establishment of crisis intervention program.
10 (a) Elements of program.--
11 (1) The director shall develop and conduct a crisis
12 intervention program. In developing and conducting this
13 program, the director is authorized to make grants to provide
14 short-term assistance and counseling to low-income and near-
15 poor individuals and families threatened with severe hardship
16 or danger to health or life from lack of fuel, utility
17 shutoff or other energy-related crisis. Criteria for
18 assistance under this program shall not be based solely on
19 delinquency in payment of fuel bills.
20 (2) Crisis intervention activities may include, but are
21 not limited to, provision of blankets or warm clothing,
22 temporary loan of space heaters, emergency repairs of heating
23 systems, emergency delivery of fuel or firewood, provision of
24 temporary shelter, temporary emergency repairs to housing,
25 mediation with utility companies or fuel suppliers, financial
26 counseling and other similar services which will assist in
27 removing low-income individuals and families from an
28 immediate crisis situation, including all necessary outreach
29 and program support activities.
30 (b) Publication of program.--No financial assistance may be
19850H0404B0434 - 28 -
1 provided under this chapter until the director publishes a
2 program for crisis intervention.
3 (c) Rules and regulations.--The director, after consultation
4 with the Secretary of Health and the heads of such other State
5 departments and agencies as the director deems appropriate,
6 shall develop and publish in the Pennsylvania Bulletin for
7 public comment, not later than 45 days after the effective date
8 of this act, proposed regulations to carry out the provisions of
9 this chapter. The director shall take into consideration the
10 public comments submitted regarding such proposed regulations
11 and shall promulgate and publish final regulations for such
12 purposes not later than 90 days after the date of the enactment
13 of this act.
14 (d) Community action agencies.--Upon approval of financial
15 assistance under this chapter, financial assistance shall be
16 provided to community action agencies carrying out programs
17 under this act or other public agencies and private nonprofit
18 organizations that have demonstrated effectiveness in carrying
19 out crisis intervention services which:
20 (1) Have the authority to carry out the purposes of this
21 chapter.
22 (2) Are determined by the director to be capable of
23 planning, conducting, administering and evaluating, either
24 directly or by other arrangements, a crisis intervention
25 program.
26 Section 302. Authorization of appropriations.
27 (a) Amount.--There are authorized to be appropriated for
28 carrying out the provisions of this chapter such sums as may be
29 necessary for the fiscal year 1985-1986 and for each succeeding
30 fiscal year.
19850H0404B0434 - 29 -
1 (b) Inclusion in appropriation act.--For the purpose of
2 affording adequate notice of assistance available under this
3 chapter, appropriations under this chapter are authorized to be
4 included in an appropriation act for the fiscal year preceding
5 the fiscal year for which they are available for obligation.
6 Section 303. Allotments.
7 (a) Allotment formula.--Of the sums appropriated pursuant to
8 section 302 for any fiscal year, the director shall allot such
9 sums in accordance with subsections (b) and (c).
10 (b) Purposes.--
11 (1) The director shall allot 80% of the sums
12 appropriated pursuant to section 302 in each fiscal year so
13 that the percentage of the amount allotted under this
14 paragraph and available for use shall be the same percentage
15 as the percentage allotted under section 204(b).
16 (2) The allotments under this subsection shall be made
17 on the basis of the latest satisfactory data available to the
18 director.
19 (c) Remainder.--The director shall reserve the remainder of
20 the sums so appropriated for each fiscal year for expenditure in
21 cases of weather related disasters of sufficient severity and
22 magnitude to warrant supplemental crisis intervention activities
23 described in this chapter as the director determines will best
24 carry out the purposes of this act.
25 Section 304. Outreach activities.
26 (a) Enrollment in programs.--The director and an area
27 receiving assistance under Chapter 2 or under this chapter shall
28 conduct outreach activities to inform and enroll all eligible
29 low-income and near-poor individuals and families in:
30 (1) Programs providing energy-related assistance
19850H0404B0434 - 30 -
1 authorized under this act.
2 (2) Other Federal, State or local energy or energy-
3 related assistance for which they qualify, including, but not
4 limited to, energy audits, counseling, educational services,
5 energy assistance for help in paying high energy costs,
6 alternate energy technologies, consumer information and legal
7 assistance and weatherization. Such outreach activities shall
8 focus particularly on elderly and severely handicapped
9 individuals, individuals and families residing in remote
10 areas, the homebound, migrant and seasonal farmworkers,
11 individuals and families with limited English speaking
12 proficiency, the working poor and individuals and families
13 with children.
14 (b) Other agencies.--In carrying out outreach activities
15 under this chapter, the director and an area shall utilize
16 community action agencies carrying out programs authorized by
17 this act, migrant and seasonal farmworker organizations, area
18 agencies on aging, community-based organizations, State welfare
19 agencies, agencies receiving financial assistance under Chapter
20 2, volunteer programs carried out under the Federal Domestic
21 Volunteer Service Act of 1973 (Public Law 93-113, 87 Stat.394)
22 and other appropriate agencies as determined by the director.
23 Section 305. Annual report.
24 The director shall submit, within 120 days of the close of
25 each fiscal year, a report to the General Assembly and the
26 Governor describing the crisis intervention program carried out
27 under this chapter.
28 CHAPTER 4
29 ENERGY CONSERVATION SERVICES AND PROGRAM COORDINATION
30 Section 401. Supplemental energy conservation services.
19850H0404B0434 - 31 -
1 The director is authorized to provide financial assistance to
2 public agencies and nonprofit private organizations for:
3 (1) Educational and counseling activities for low-income
4 and near-poor energy consumers in energy-conserving practices
5 and sound residential energy management, self-help activities
6 in energy conservation and alternative energy applications
7 and the care and maintenance of weatherization and
8 alternative energy improvements to assure maximum efficiency
9 and long life, as well as projects which support the carrying
10 out of such care and maintenance activities.
11 (2) Assistance in the development, application and
12 support of alternative energy sources, including, but not
13 limited to, solar, wind, small-scale hydropower biomass
14 conversion and other technologies that capitalize on
15 nonfossil fuels and renewable energy sources or that make
16 conventional fuels available to the low-income and near-poor
17 at substantially decreased cost or increased efficiency.
18 (3) Assistance in the development and support of
19 community planning and coordination capability in energy
20 audit, energy conservation and alternative resource
21 development activities so as to insure the participation of
22 low-income and near-poor persons and communities in such
23 activities.
24 (4) Assistance for research, demonstration or pilot
25 projects designed to test or assist in the development of new
26 approaches or methods that will enable low-income and near-
27 poor individuals and families to participate in energy
28 conservation programs which lessen the impact of the high
29 cost of energy on such individuals and families and to reduce
30 individual and family energy consumption, including, but not
19850H0404B0434 - 32 -
1 limited to:
2 (i) Energy conservation education.
3 (ii) Weatherization of old or substandard dwellings,
4 improved space conditioning, insulation and energy
5 audits.
6 (iii) Emergency loans, grants and revolving funds to
7 install energy conservation technologies and to deal with
8 increased housing expenses relating to the energy crisis.
9 (iv) Alternative fuel supplies.
10 (v) Special fuel voucher or stamp programs.
11 (vi) Alternative transportation activities designed
12 to save fuel and assure continued access to training,
13 education and employment.
14 (vii) Appropriate outreach efforts.
15 (viii) Furnishing personnel to act as coordinators,
16 providing legal or technical assistance or otherwise
17 representing the interests of the poor in efforts
18 relating to the energy crisis.
19 (ix) Nutrition, health and other supportive services
20 in emergency cases.
21 (x) Evaluation of programs and activities under this
22 act.
23 Section 402. Program coordination.
24 The Governor shall establish procedures to assure the
25 coordination of all energy conservation and energy assistance
26 programs that affect low-income and near-poor individuals and
27 families carried out by any department or agency of the State
28 government.
29 Section 403. Appropriation.
30 There is hereby appropriated, for carrying out the provisions
19850H0404B0434 - 33 -
1 of this chapter, $100,000 for the fiscal year 1985-1986 and for
2 each succeeding fiscal year on a continuing basis.
3 Section 404. Effective date.
4 This act shall take effect in 60 days.
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