Texas Administrative Code

(a) The Department may continue to develop interagency collaborations with other low-income program offices and energy providers to perform outreach to targeted groups. (b) Subrecipient shall conduct outreach activities. Outreach activities may include: (1) Providing information …

(a) Eligibility for program assistance is determined under the Federal Poverty Income Guidelines and calculated as described herein (in some Programs certain forms of income may qualify the Household as Categorically Eligible for assistance; however, Categorical Eligibility does …

The Weatherization Assistance Program was established by the Energy Conservation in Existing Buildings Act of 1976, as amended 42 U.S.C. §§ 6851 , et seq. The Department funds the Weatherization Programs through the Department of Energy Weatherization Assistance Program (DOE-WAP)…

(a) DOE-WAP and LIHEAP-WAP offers awards to Private Nonprofit Organizations, and Public Organizations with targeted beneficiaries being Households with low incomes, with priority given to Vulnerable Populations, High Energy Burden, and Households with High Energy Consumption. In …

(a) Department of Housing and Urban Development (HUD)--Federal department that provides funding for certain housing and community development activities. (b) Electric Base-Load Measure (EBL)--Weatherization measures which address the energy efficiency and energy usage of lighting…

(a) Except for the Reobligation of Deobligated funds, the Department distributes funds to Subrecipients by an allocation formula. (b) The allocation formula allocates funds based on the number of Low Income Households in a Service Area and takes into account certain special needs…

(a) A Subrecipient that does not expend more than 20% of its Program Year formula allocation (excluding any additional funds that may be distributed by the Department and any funds voluntarily transferred to LIHEAP CEAP) by the end of the first quarter of the Contract Term follow…

(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 utilized by another Dwelling Unit that is not a part o…

(a) Each Dwelling Unit weatherized requires completion of a written whole house assessment, unless an alternative process is approved by the Department. Subrecipient must perform the whole house assessment then let that assessment guide whether the Dwelling Unit is best served th…

(a) In addition to cost principles and administrative requirements listed in §1.402 in Chapter 1 of this title (relating to Cost Principles and Administrative Requirements), Subrecipients administering DOE programs must also adhere to 10 CFR Part 440 , 10 CFR Part 600 , active DO…

(a) Allowable Expenditure per Dwelling Unit. Expenditures of financial assistance provided under LIHEAP-WAP funding for the weatherization services for labor, Weatherization materials, and program support shall not exceed the allowable figure as set forth in the current Contract,…

Subrecipient Weatherization work shall be covered by general liability insurance for an amount not less than combined total of materials, labor, support and health and safety. The Department strongly recommends Pollution Occurrence Insurance to be part of or an addendum to Subrec…

Subrecipient shall provide customer education to each WAP customer on energy conservation practices. Subrecipient shall provide education to identify energy waste, manage Household energy use, and strategies to promote energy savings. Subrecipient is encouraged to use oral, writt…

(a) If the Subrecipient's energy auditor discovers the presence of mold-like substances that the Weatherization Subcontractor cannot adequately address, then the Dwelling Unit shall be referred to the Texas Department of Licensing and Regulation or its successor agency. (b) The S…

Subrecipient are required to document that its Weatherization staff as well as all Subcontractors follow the Environmental Protection Agency's Renovation, Repair and Painting Program (RRP) Final Rule, 40 CFR Part 745 and HUD's Lead Based Housing Rule, 24 CFR Part 35 , as applicab…

(a) Multifamily building and Shelter weatherization is not considered a federal public benefit and the activity is exempt from the requirements of § 6.406 (g) and (h) of this subchapter (relating to U.S. Citizen, U.S. National or Qualified Alien, and determining Categorical Eligi…

(a) Health and Safety expenditures at the end of the Contract Term for DOE WAP and LIHEAP WAP may not exceed the amount equal to the Health and Safety budget, divided by the sum of Materials/Program Support/Labor budget and the Health and Safety budget. The budget line items are …

(a) Subrecipient must conduct a whole house assessment on all eligible Dwelling Units, unless an alternative process is approved by the Department. Unless using an alternative Department approved method, then whole house assessments must be used to determine whether the Priority …

Subrecipient is required to use the most current Blower Door and Duct Blaster Data Sheet form adopted by the Department and available on the Department's website. Notes 10 Tex. Admin. Code § 6.417 Adopted by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9295 , e…

(a) Subrecipient shall: (1) Accept applications at sites that are geographically accessible to all Households in their Service Area (Applications may be accepted online if so elected by the Subrecipient, but must have a physical location within the Service Area); and (2) Provide …

(a) In accordance with § 1.22 of this title (relating to Providing Contact Information to the Department), Subrecipient will notify the Department through the Contract System and provide contact information for key management staff (Executive Director, Chief Financial Officer, Pr…

(a) Subrecipient must submit the Monthly Performance and Expenditure Report through the Contract System not later than the fifteenth day of each month following the reported month of the Contract Term. Reports are required even if a fund reimbursement or advance is not being requ…

(a) Appeals. LIHEAP Subrecipients and CSBG Eligible Entities must adhere to all of Chapter 1, Subchapter D, § 1.411 of this title (relating to Administration of Block Grants under Chapter 2105 of the Tex. Gov't Code). Entities that receive CSBG Discretionary only, and DOE WAP mus…

The Department may provide financial assistance to Subrecipients for training and technical activities for state sponsored, federally sponsored, and other relevant workshops and conferences. Subrecipients may use program training funds to attend conferences provided the conferenc…

(a) A well which violates any requirement of this subchapter or a condition of a permit issued under § 6.104 (b) of this title (relating to Authorization by Rule) is subject to appropriate enforcement action. The Director may require owners or drillers to submit additional inform…

(a) Upon permanent discontinued use or abandonment of a shallow closed-loop geothermal injection well, the owner shall plug the well according to the following standards: (1) All removable casing shall be removed and the entire well shall be pressure filled with cement from botto…

(a) The water well driller is required by § 76.70 of this title (relating to Responsibilities of the Licensee -- State Well Reports) to submit a well report to TDLR electronically through the Texas Well Report Submission and Retrieval System (TWRSRS). The driller shall provide an…

(a) Safety. The system must clearly be marked identifying it as a shallow closed-loop geothermal system. (b) Pressure testing. Shallow closed-loop geothermal injection wells shall be pressure-tested with water at 100 psi (690 kPa) for 30 minutes prior to backfilling of connection…

The pump installer shall: (1) verify all owner information prior to installing any components of a shallow closed-loop geothermal system; (2) verify that all the pumps, tubing, and connections from the well to the infrastructure and the geothermal heat exchange system are install…

(a) Siting and setback. All wells shall be located at least 10 feet from adjacent property lines and sewer lines, and at least 25 feet from potential sources of contamination that include but are not limited to septic tanks/fields, livestock pens, or material storage facilities. …

(a) Registration for authorization by rule. (1) Prior to commencing operations for a shallow closed-loop geothermal system, the owner of the system shall submit to the Director a registration for authorization by rule. The registration shall be signed by the owner, include the TD…

(a) An authorization by rule (or "permit by rule") provides authority to operate under predetermined requirements without a separate application process, so long as the Director confirms the activity meets the specified predetermined requirements. (b) An owner in compliance with …

(a) This subchapter applies to shallow closed-loop geothermal systems in this state for which construction is commenced on or after January 6, 2025. (b) Any shallow closed-loop geothermal system in this state which was constructed before January 6, 2025, is exempt from the requir…

The following terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Annular space--The space between the borehole wall and the heat exchange loop installed within the borehole. (2) Aquifer--A geologic formation…

This subchapter implements the state program for the regulation of shallow closed-loop geothermal systems under the jurisdiction of the Commission consistent with state and federal law for the protection of fresh water,, including regulation of the drilling of the borehole, compl…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in these sections shall have the meanings defined in Government Code, § 441.180 . (1) Agency head--The appointed or ele…

(a) A record listed in the Texas State Records Retention Schedule (Revised 5th Edition) must be retained for the minimum retention period indicated by any state agency that maintains a record of the type described. Attached Graphic (b) A record listed in the Texas State Universit…

(a) No later than July 31 of each fiscal year, the state records administrator, as defined by the Government Code, § 441.180 , shall present to the Commission for approval a schedule of proposed fees to recover the costs of providing micrographics services to state agencies and l…

(a) No later than July 31 of each fiscal year, the state records administrator, as defined by the Government Code, § 441.180 , shall present to the Commission for approval a schedule of proposed fees to recover the costs of providing records storage services to state agencies and…

(a) A state agency, if it does not have a certified schedule, must submit a records retention schedule to the state records administrator for initial certification within one year of the effective date of this section or within one year of the effective date of establishment of a…

The following words and terms, when used in these sections, have the following meanings, unless the context clearly indicates otherwise. Terms not defined in these sections have the meanings defined in the Government Code, Chapter 441, or technical report AIIM TR2 adopted by refe…

(a) The commission adopts by reference the following copyrighted standards and recommended practices issued by the American National Standards Institute (ANSI) and/or the Association for Information and Image Management (AIIM) as minimum requirements for all microfilming of state…

(a) These sections apply to the microfilming of any state record that is to be maintained solely in microfilm format and to all microfilm which is created or maintained for the full retention period of the record as a backup or security copy of a state record. These sections do n…

(a) Standards for original microfilm. (1) First-generation, silver microfilm--ANSI/AIIM MS23. (2) Microfiche--ANSI/AIIM MS5. (3) Roll microfilm--ANSI/AIIM MS14. (4) Splices for microfilm--ANSI/AIIM MS18. (5) The quality-index graph in standard ANSI/AIIM MS23 must be used to deter…

(a) The following tests must be performed on microfilm as indicated. (1) Methylene blue test. (A) A methylene blue test for conventionally processed silver-gelatin film must be performed on all original microfilm in compliance with standard ANSI/NAPM IT9.17. (B) A test must be pe…

(a) Original microfilm must be stored in a separate building from that in which duplicate copies, if any, or the original records are housed, and under conditions that meet the requirements of this section. (b) Microfilm must be stored in a storage room or vault that complies wit…

(a) An inspection of stored original microfilm must be conducted in accordance with the following standards: (1) ANSI IT9.11; (2) ANSI/AIIM MS45; and (3) ANSI/NAPM IT9.1. (b) When inspection is done, the sample of microfilm to be inspected for each storage room or vault, if more …