Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,053
5985-6306 p. ; 28 cm.View a full description of this periodical.
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Schedule, may provide for continued operation of a Contract, may au-
thorize Deobligation, or may take other lawful action that is designed
to ensure the timely and full completion of the Contract for all Con-
tracted Funds.
(1) In the event an appeal is not submitted within seven cal-
endar days from the date of the Corrective Action Notice, the Correc-
tive Action Notice will automatically become final without need of any
further action or notice by the Department, and the Department will
amend/terminate the Contract with the Subrecipient to effectuate the
Corrective Action Notice.
(m) In the event the Executive Director denies an appeal of
a staff decision under this section, the Subrecipient may appeal that
decision in accordance with 1.7(f) of this title (relating to the Process
for Filing an Appeal of the Executive Director's Decision to the Board).
(n) Any one or more of the criteria noted in this subsection
may prompt the Deobligation process under this rule. If the criteria
are met, then notification and ensuing processes discussed elsewhere
in this subchapter will apply.
(1) Subrecipient fails to provide the Department with a Pro-
duction Schedule for its current Contract within 30 calendar days of
receipt of the draft Contract. The Production Schedule must be signed
by the Subrecipient's Executive Director/Chief Executive Officer, and
approved by the Department in writing;
(2) By the third program reporting deadline, Subrecipient
must report at least one unit weatherized for each Weatherization Con-
tract;
(3) By the fifth program reporting deadline, less than 25%
of total expected unit production has occurred based on the Produc-
tion Schedule, or less than 20% of total Awarded Funds have been ex-
pended;
(4) By the seventh program reporting deadline, less than
50% of total expected unit production has occurred based on the Pro-
duction Schedule, or less than 50% of total Awarded Funds have been
expended; or
(5) The Subrecipient fails to submit a required monthly re-
port explaining any variances between the Production Schedule and
actual results on Production Schedule criteria.
(o) A Subrecipient that has funds Deobligated under this sec-
tion but that fully expends the reduced amount of its Contract, will
have access to the full amount of the following Program Year WAP al-
location. A Subrecipient which has had funds Deobligated under this
section that fails to fully expend the reduced amount of its Contract will
automatically have its following Program Year WAP allocation Deobli-
gated by the lesser of 24.99% or the proportional amount that had been
Deobligated in the prior year.
(p) Funds Deobligated under this section, funds voluntarily re-
linquished, or additional funds should they become available, will be
Reobligated proportionally by the formula described in 6.404 of this
subchapter (relating to Distribution of WAP Funds) or other method ap-
proved by the Department's Board amongst all Subrecipients that did
not have any funds Deobligated during this evaluation period to ensure
full utilization of funds within a limited timeframe including possible
allocation of WAP funds to Subrecipients in varying populations from
each funding source (DOE and LIHEAP), based on availability of the
source.
6.406. Subrecipient Requirements for Establishing Household Eli-
gibility and Priority Criteria.(a) The structure's design must allow for energy conservation
retrofits and meet the definition of a Dwelling Unit per 6.2 of this
chapter (relating to Definitions).
(b) A Dwelling Unit cannot be served if a single meter is uti-
lized by another Dwelling Unit that is not a part of the application for
assistance. In instances where separate structures share a meter and the
applicant is otherwise eligible for assistance, Subrecipient must pro-
vide services if:
(1) The members of the separate structures that share a me-
ter submit a separate Household application to include all persons and
applicable income for each Dwelling Unit attached to the meter; and
(2) All Household Dwelling Units served by the meter are
determined eligible to receive weatherization benefits.
(c) Subrecipient shall establish a written procedure to serve
Households that have a Vulnerable Population Household member,
Households with High Energy Burden, and Households with High
Energy Consumption. High Energy Burden shall be the highest rated
item in sliding scale priority determinations. The Subrecipient must
maintain documentation of the use of the criteria..
(d) Subrecipient shall determine applicant income eligibility
in compliance with 6.4 of this chapter (relating to Income Determina-
tion.
(e) Categorical Eligibility for DOE-WAP benefits exist when
at least one person in the Household receives assistance payments un-
der Title IV or XVI of the Social Security Act at any time during the
12-month period preceding the determination of eligibility. Categori-
cal Eligibility for LIHEAP-WAP benefits are the same as those speci-
fied for CEAP benefits described in 6.307(b) of this chapter (relating
to Subrecipient Requirements for Customer Eligibility Criteria, Provi-
sion of Services, and Establishing Priority for Eligible Households).
(f) Social Security numbers are not required for applicants.
(g) U.S. Citizen, U.S. National or Qualified Alien. Unqual-
ified Aliens are not eligible to receive WAP benefits. Mixed Status
Households shall not be denied WAP assistance based solely on the
presence of a non-qualified member, except if the member is the sole
member of the Household. Subrecipient must verify U.S. Citizen, U.S.
National, or Qualified Alien status of all Household members using
SAVE. Assistance shall be determined as follows:
(1) Count income for all Household members eighteen
years of age and older, including Unqualified Aliens; and
(2) Adjust the Household size for determining eligibility
and benefit assistance level to exclude all Unqualified Aliens.
(h) For purposes of determining Categorical Eligibility or Vul-
nerable Populations (e.g. priority status) the Household is not consid-
ered to satisfy the definition of having Categorical Eligibility or Vulner-
able Population if the only individuals) in the Household with Categor-
ical Eligibility or Vulnerable Population status is an Unqualified Alien.
For purposes of reporting, all individuals in the Household should be
reported.
6.407. Program Requirements.
(a) Each Dwelling Unit weatherized requires completion of a
written whole house assessment. Subrecipient must perform the whole
house assessment then let that assessment guide whether the Dwelling
Unit is best served through DOE funds using the audit, through LI-
HEAP-WAP funds using the priority list, or a combination of DOE
and LIHEAP funds.
(b) Any Dwelling Unit that is weatherized using DOE funds
must use the State of Texas approved Energy Audit as a guide forPROPOSED RULES September 17, 2021 46 TexReg 6053
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/71/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.