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Rule Title: ELIGIBILITY FOR WEATHERIZATION SERVICE: PRIORITIES
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM (LIWAP)
Subchapter: Need and Amount of Assistance
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.71.601    ELIGIBILITY FOR WEATHERIZATION SERVICE: PRIORITIES

(1) Except as provided in (1)(a), a dwelling is not eligible for weatherization services funded with U.S. Department of Energy (DOE) funds if the dwelling has been weatherized with DOE funds after September 30, 1994.

(a) Regardless of the time limitations imposed in (1), DOE funds may be used at any time to weatherize a dwelling that has been damaged by fire, flood, or act of God if the damage to weatherization materials will not be paid for by insurance.

(2) Except as provided in (2)(a), a dwelling is not eligible for weatherization services funded with Northwestern Energy free weatherization (NWE) funds if the dwelling has been weatherized within ten years immediately preceding the date of the current application for weatherization.

(a) Regardless of the time limitations imposed in (2), NWE funds may be used at any time to address a weatherization related imminent threat to the health or safety of an otherwise eligible household or to replace or make cost effective modifications to an otherwise eligible household's heating system to utilize a less expensive energy source.

(b) Regardless of the time limitations imposed in (2), NWE funds may be used at any time to weatherize a dwelling that has been damaged by fire, flood, or act of God if the damage to weatherization materials will not be paid for by insurance.

(3) Except as provided in (3)(a), a dwelling is not eligible for weatherization services funded with LIEAP weatherization funds if the dwelling has been weatherized within the ten years immediately preceding the date of the current application for weatherization.

(a) Regardless of the time limitations imposed in (2), LIEAP funds may be used at any time to address a weatherization related imminent threat to the health or safety of an otherwise eligible household or to replace or make cost effective modifications to an otherwise eligible household's heating system to utilize a less expensive energy source.

(b) Regardless of the time limitations imposed in (3), LIEAP funds may be used at any time to weatherize a dwelling that has been damaged by fire, flood, or act of God if the damage to weatherization materials will not be paid for by insurance.

(4) Community residential facilities as defined at 76-2-411, MCA, that are the residence for low income elderly individuals or individuals with a disability are eligible for weatherization.

(5) In determining which eligible households will receive weatherization services and in what order, households in each of the governor's substate planning districts will be ranked by priority according to the following:

(a) The highest priority is given to households with the highest energy burden.

(i) When calculating the energy burden of households containing any of the following, the energy usage shall be multiplied by 1.25:

(A) an elderly household member;

(B) a disabled household member; or

(C) a household with a member who is a child.

(b) Households with the same energy burden are prioritized by highest usage.

(6) If there exists a weatherization-related imminent threat to the health or safety of an eligible household, the home may be given a higher priority than described in (5). It is the obligation of the household to provide proof of an imminent threat to the health or safety of the household to the local contractor. The local contractor must request that the department give the household's dwelling a higher priority.

(7) Weatherization will be scheduled to minimize travel and other nonproductive costs.

(a) If nonproductive costs are excessive, the scheduled home may be delayed for weatherization at a later date but in no instance will the scheduled home be delayed longer than one year or the end of the contract period whichever comes first.

(8) Eligible homes, scheduled to receive partial weatherization from any other agency, may be prioritized higher to allow coordination and avoid duplication of weatherization services.

(9) If at least 66 percent of the units in a multi-unit building, or 50 percent for duplexes and four-unit buildings, are eligible for weatherization, and one of the units is prioritized high enough to be scheduled for service, all of the units in the building, including units that are not eligible for weatherization, will be weatherized to avoid nonproductive costs.

(10) When a dwelling is prioritized high enough to be scheduled for weatherization work, the delivery of services will be deferred until a later date if providing the services would pose a threat to the health or safety of either the weatherization installers or any other person. In such cases the delivery of services will be postponed until the conditions that pose a threat to health or safety have been resolved. The department adopts and incorporates by reference the department's Weatherization Assistance Program (WAP) Policy Manual effective July 1, 2019, which outlines the circumstances that justify a deferral of weatherization services. The WAP Policy Manual is located at the department's web site at http://dphhs.mt.gov/hcsd/energyassistance.aspx or a copy may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Intergovernmental Human Services Bureau, P.O. Box 202956, Helena, MT 59620.

 

History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2008 MAR p. 1592, Eff. 8/1/08; AMD, 2016 MAR p. 1574, Eff. 9/3/16; AMD, 2017 MAR p. 2197, Eff. 11/25/17; AMD, 2018 MAR p. 1885, Eff. 9/22/18; AMD, 2019 MAR p. 545, Eff. 7/1/19.


 

 
MAR Notices Effective From Effective To History Notes
37-879 7/1/2019 Current History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2008 MAR p. 1592, Eff. 8/1/08; AMD, 2016 MAR p. 1574, Eff. 9/3/16; AMD, 2017 MAR p. 2197, Eff. 11/25/17; AMD, 2018 MAR p. 1885, Eff. 9/22/18; AMD, 2019 MAR p. 545, Eff. 7/1/19.
37-846 9/22/2018 7/1/2019 History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2008 MAR p. 1592, Eff. 8/1/08; AMD, 2016 MAR p. 1574, Eff. 9/3/16; AMD, 2017 MAR p. 2197, Eff. 11/25/17; AMD, 2018 MAR p. 1885, Eff. 9/22/18.
37-804 11/25/2017 9/22/2018 History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2008 MAR p. 1592, Eff. 8/1/08; AMD, 2016 MAR p. 1574, Eff. 9/3/16; AMD, 2017 MAR p. 2197, Eff. 11/25/17.
37-749 9/3/2016 11/25/2017 History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2008 MAR p. 1592, Eff. 8/1/08; AMD, 2016 MAR p. 1574, Eff. 9/3/16.
37-444 8/1/2008 9/3/2016 History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2008 MAR p. 1592, Eff. 8/1/08.
7/6/2007 8/1/2008 History: 53-2-201, 90-4-201, MCA; IMP, 53-2-201, 90-4-201, 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2007 MAR p. 974, Eff. 7/6/07.
11/28/2002 7/6/2007 History: Sec. 53-2-201 and 90-4-201, MCA; IMP, Sec. 53-2-201, 90-4-201 and 90-4-202, MCA; NEW, 1982 MAR p. 1309, Eff. 7/1/82; AMD, 1982 MAR p. 2181, Eff. 12/31/82; AMD, 1983 MAR p. 1377, Eff. 9/30/83; AMD, 1988 MAR p. 289, Eff. 4/1/88; AMD, 1991 MAR p. 311, Eff. 3/15/91; AMD, 1993 MAR p. 1113, Eff. 5/28/93; AMD, 1996 MAR p. 1713, Eff. 6/21/96; AMD, 1998 MAR p. 1416, Eff. 5/29/98; TRANS, from SRS, 1998 MAR p. 2061; AMD, 2002 MAR p. 3635, Eff. 11/28/02.
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