Note: The Cornell Law School Legal Information Insitute is one of several sites which provides free access to the US Code and keeps it updated. The WAP statute may be found in its entirety by following this link.
WAP regulations (found at 10 CFR 440.15) are maintained online at http://www.waptac.org/
- The Requirement the State Plan Addresses How It Will Use Grant Funds to Leverage Non-Federal Resources
- The Statutory Authorization to Use the Funds For Leveraging Activity and A List of What Some of Those Might Be
The Secretary shall not provide financial assistance under this part unless the applicant has provided reasonable assurances that it has—
(1) established a policy advisory council which
(A) has special qualifications and sensitivity with respect to solving the problems of low-income persons (including the weatherization and energy-conservation problems of such persons),
(B) is broadly representative of organizations and agencies which are providing services to such persons in the State or geographical area in question, and
(C) is responsible for advising the responsible official or agency administering the allocation of financial assistance in such State or area with respect to the development and implementation of such weatherization assistance program;
(2) established priorities to govern the provision of weatherization assistance to low-income persons, including methods to provide priority to elderly and handicapped low-income persons, and such priority as the applicant determines is appropriate for single-family or other high-energy-consuming dwelling units;
(3) established policies and procedures designed to assure that financial assistance provided under this part will be used to supplement, and not to supplant, State or local funds, and, to the extent practicable, to increase the amounts of such funds that would be made available in the absence of Federal funds for carrying out the purpose of this part, including plans and procedures
(A) for securing, to the maximum extent practicable, the services of volunteers and training participants and public service employment workers, pursuant to title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.], to work under the supervision of qualified supervisors and foremen,
(B) for using Federal financial assistance under this part to increase the portion of low-income weatherization assistance that the State obtains from non-Federal sources, including private sources, and
(C) for complying with the limitations set forth in section 6865 of this title; and
§ 6864a. Private sector investments
The Secretary shall, to the extent funds are made available for such purpose, provide financial assistance to entities receiving funding from the Federal Government or from a State through a weatherization assistance program under section 6863 or section 6864 of this title for the development and initial implementation of partnerships, agreements, or other arrangements with utilities, private sector interests, or other institutions, under which non-Federal financial assistance would be made available to support programs which install energy efficiency improvements in low-income housing.
(b) Use of funds
Financial assistance provided under this section may be used for—
(1) the negotiation of such partnerships, agreements and other arrangements;
(2) the presentation of arguments before State or local agencies;
(3) expert advice on the development of such partnerships, agreements, and other arrangements; or
(4) other activities reasonably associated with the development and initial implementation of such arrangements.
(1) Financial assistance provided under this section to entities other than States shall, to the extent practicable, coincide with the timing of financial assistance provided to such entities under section 6863 or section 6864 of this title.
(2) Not less than 80 percent of amounts provided under this section shall be provided to entities other than States.
(3) A recipient of financial assistance under this section shall have up to three years to complete projects undertaken with such assistance.
U.S. Department of Energy – Weatherization Assistance Program for Low-Income Persons – Title 10, Part 440, Final Rule – Revised as of February 1, 2002
10CFR PART 440 – WAP Regulations (PDF format for download)
(a) Before submitting to DOE an application, a State must provide at least 10 days notice of a hearing to inform prospective subgrantees, and must conduct one or more public hearings to receive comments on a proposed State plan. The notice for the hearing must specify that copies of the plan are available and state how the public may obtain them. The State must prepare a transcript of the hearings and accept written submission of views and data for the record.
(b) The proposed State plan must:
(1) Identify and describe proposed weatherization projects, including a statement of proposed subgrantees and the amount of funding each will receive;
(2) Address the other items contained in paragraph (c) of this section; and
(3) Be made available throughout the State prior to the hearing.
(c) After the hearing, the State must prepare a final State plan that identifies and describes:
(1) The production schedule for the State indicating projected expenditures and the number of dwelling units, including previously weatherized units which are expected to be weatherized annually during the program year;
(2) The climatic conditions within the State;
(3) The type of weatherization work to be done;
(4) An estimate of the amount of energy to be conserved;
(5) Each area to be served by a weatherization project within the State, and must include for each area:
(i) The tentative allocation;
(ii) The number of dwelling units expected to be weatherized during the program year; and
(iii) Sources of labor.
(6) How the State plan is to be implemented, including:
(i) An analysis of the existence and effectiveness of any weatherization project being carried out by a subgrantee;
(ii) An explanation of the method used to select each area served by a weatherization project;
(iii) The extent to which priority will be given to the weatherization of single-family or other high energy-consuming dwelling units;
(iv) The amount of non-Federal resources to be applied to the program;
(v) The amount of Federal resources, other than DOE weatherization grant funds, to be applied to the program;
(vi) The amount of weatherization grant funds allocated to the State under this part;
(vii) The expected average cost per dwelling to be weatherized, taking into account the total number of dwellings to be weatherized and the total amount of funds, Federal and non-Federal, expected to be applied to the program;
(viii) The average amount of the DOE funds specified in Section 440.18(c)(1) through (9) to be applied to any dwelling unit;
(x) The procedures used by the State for providing additional administrative funds to qualified subgrantees as specified in Section 440.18(d);
(xi) Procedures for determining the most cost-effective measures in a dwelling unit;
(xii) The definition of "low-income" which the State has chosen for determining eligibility for use statewide in accordance with Section 440.22(a);
(xiii) The definition of "children" which the State has chosen consistent with Section 440.3; and
(xiv) The amount of Federal funds and how they will be used to increase the amount of weatherization assistance that the State obtains from non-Federal sources, including private sources, and the expected leveraging effect to be accomplished.