[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: 10CFR440.17] [Page 656-657] TITLE 10--ENERGY CHAPTER II--DEPARTMENT OF ENERGY PART 440--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS--Table of Contents Sec. 440.17 Policy Advisory Council. (a) Prior to the expenditure of any grant funds, a State policy advisory council shall be established by a State or by the Support Office Director if a State does not participate in the program which: (1) Has special qualifications and sensitivity with respect to solving the problems of low-income persons, including the weatherization and energy conservation problems of these persons; (2) Is broadly representative of organizations and agencies, including consumer groups that represent low-income persons, particularly elderly and handicapped low-income persons and low-income Native Americans, in the State or geographical area in question; and [[Page 657]] (3) Has responsibility for advising the appropriate official or agency administering the allocation of financial assistance in the State or area with respect to the development and implementation of a weatherization assistance program. [49 FR 3629, Jan. 27, 1984, as amended at 58 FR 12529, Mar. 4, 1993] Effective Date Note: At 65 FR 77218, Dec. 8, 2000, Sec. 440.17 was amended by revising paragraph (a) introductory text and adding paragraphs (b) and (c), effective Jan. 8, 2001. For the convenience of the user, the revised and added text is set forth as follows: Sec. 440.17 Policy advisory council. (a) Prior to the expenditure of any grant funds, a State policy advisory council, or a State commission or council which serves the same functions as a State policy advisory council, must be established by a State or by the Regional Office Director if a State does not participate in the Program which: * * * * * (b) Any person employed in any State Weatherization Program may also be a member of an existing commission or council, but must abstain from reviewing and approving activities associated with the DOE Weatherization Assistance Program. (c) States which opt to utilize an existing commission or council must certify to DOE, as a part of the annual application, of the council's or commission's independence in reviewing and approving activities associated with the DOE Weatherization Assistance Program.