[Code of Federal Regulations] [Title 10, Volume 3] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR440.14] [Page 653-654] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 440--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS--Table of Contents Sec. 440.14 State plans. (a) Before submitting an application, a State shall give not less than 10 days notice of hearing, reasonably calculated to inform prospective subgrantees, and shall conduct one or more public hearing for the purpose of receiving comments on a proposed State plan. The proposed State plan shall identify and describe proposed weatherization projects, including a statement of proposed subgrantees and the amount each will receive; shall address the other items contained in paragraph (b) of this section; and shall be made available throughout the State prior to the hearing. The notice for the hearing shall specify that copies of the plan are available and how they may be obtained. A transcript of the hearings shall be prepared and written submission of views and data shall be accepted for the record. (b) Subsequent to the hearing, the State shall prepare a final State plan which shall identify and describe: (1) The production schedule for the State, which shall indicate projected expenditures and the number of dwelling units which are expected to be weatherized each quarter during the program year; (2) An estimate of the number of dwelling units expected to be weatherized during the program year by category to include: (i) Single-family and multi-family residences; (ii) Elderly persons' residences; (iii) Handicapped persons' residences; (iv) Renters' residences; (v) If Native Americans do not receive direct grants under Sec. 440.11, Native American residences; and (vi) Children's residences, if the State selects this category as a priority with paragraphs (b)(2)(ii) and (b)(2)(iii) of this section. (3) The climatic conditions within the State; (4) The type of weatherization work to be done; (5) An estimate of the amount of energy to be conserved; (6) An estimate of the number of eligible dwelling units in which the elderly reside; (7) An estimate of the number of eligible dwelling units in which the handicapped reside; (8) Each area to be served by a weatherization project within the State, and shall include for each area: (i) The tentative allocation; (ii) The number of dwelling units expected to be weatherized during the program year, and the number of previously weatherized units expected to be weatherized; (iii) The estimated number of rental dwelling units to be weatherized; and (iv) Sources of labor. (9) The manner in which the State plan is to be implemented, and shall include: (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 to be 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 Sec. 440.18(c) (1) through (11) to be applied to any dwelling unit; (ix) The average amount of DOE funds to be applied to any dwelling unit for weatherization materials as specified in Sec. 440.18(c)(1); (x) The procedures used by the State for providing additional administrative [[Page 654]] funds to qualified subgrantees as specified in Sec. 440.18(d). (xi) Procedures for determining the most cost-effective measures in a dwelling unit or a statement that Project Retro-Tech or another DOE- approved audit will be used; (xii) The definition of ``low income'' which the State has chosen for use statewide for determining eligibility under Sec. 440.22(a). (xiii) The definition of ``children'' which the State has chosen consistent with Sec. 440.3. (xiv) The amount of Federal funds to be used, and an explanation of 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. (Approved by the Office of Management and Budget under control number 1904-0047) [49 FR 3629, Jan. 27, 1984, as amended at 50 FR 712, Jan. 4, 1985; 58 FR 12526, Mar. 4, 1993; 60 FR 29481, June 5, 1995] Effective Date Note: At 65 FR 77217, Dec. 8, 2000, Sec. 40.14 was revised, effective Jan. 8, 2001. For the convenience of the user, the revised text is set forth as follows: Sec. 440.14 State plans. (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 Sec. 440.18(c)(1) through (9) to be applied to any dwelling unit; (ix) The average amount of DOE funds applied to any dwelling unit for weatherization materials as specified in Sec. 440.18(c)(1); (x) The procedures used by the State for providing additional administrative funds to qualified subgrantees as specified in Sec. 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 Sec. 440.22(a); (xiii) The definition of ``children'' which the State has chosen consistent with Sec. 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. 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