No. 35409 (Amendment): Rule R195-8. Energy Assistance: Special State Programs

(Amendment)

DAR File No.: 35409
Filed: 11/02/2011 09:31:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule change is subsequent to the division reviewing the rule to coincide with the Home Energy Assistance Target (HEAT) manual.

Summary of the rule or change:

The changes update the rule to coincide with the HEAT manual.

State statutory or constitutional authorization for this rule:

• Section 9-12-10

Anticipated cost or savings to:

the state budget:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

local governments:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

small businesses:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

persons other than small businesses, businesses, or local governmental entities:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

Compliance costs for affected persons:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to business.

Julie Fisher, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Community and Culture
Home Energy Assistance Target (HEAT)Room 500
324 S STATE ST
SALT LAKE CITY, UT 84111-2388

Direct questions regarding this rule to:

• Susan Kolthoff at the above address, by phone at 801-538-8756, by FAX at 801-538-8888, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/03/2012

This rule may become effective on:

01/10/2012

Authorized by:

Michael Hansen, Deputy Director

RULE TEXT

R195. Community and Culture, Home Energy Assistance Target (HEAT).

R195-8. Energy Assistance: Special State Programs.

R195-8-1. Moratorium.

The department shall require compliance with Section 9-12-201.

1. The moratorium program protects eligible persons from winter utility shut offs.

2. A household can apply for moratorium protection only one time per utility per program year.

3. The protection of the Moratorium lasts from November 15 through the following March 15.

The Department has the option of beginning The Moratorium program earlier or extending it later when severe weather conditions warrant such action.

4. The moratorium applicant must:

a. Be the adult residential account holder, or the adult resident applying for service. A residential utility customer is any adult person who has an account with a utility or any adult who is applying for residential utility service;

b. Be living at the address where Moratorium protection is needed;

c. Have a termination notice from the utility company or have been refused service if the utility is not active;

d. Have applied for HEAT

e. Have applied for assistance through the American Red Cross

f. Have made a good faith effort to pay their utility bill on a consistent basis during the moratorium

[ d. Have a written statement from the utility company stating that all methods of working out satisfactory payment arrangements have failed. A deferred payment agreement must have been offered to the utility customer. If the customer signs a deferred payment agreement, but does not have the money to activate it, the agreement is in immediate default. The written statement must include:

i. account name or the name of the customer applying for service;

ii. the residential address;

iii. account number, if there is one;

iv. indicate if the account is active or inactive;

v. the total amount owed on the account;

vi. indication that the client has applied for HEAT;

vii. indication that the client has applied for utility assistance through the Red Cross;

] [viii.]5. In addition they must[and must] indicate that the client meets at least one of the following criteria:

A. Gross household income in the month of or the month prior to the month of the moratorium application must be less than 125% of the federal poverty limit.

B. have suffered a medical or other emergency in either the month of application or the month prior to the month of application.

C. loss of employment in either the month of application or the month prior to the month of application.

D. 50% drop in income in either the month of application or the month prior to the month of application.

[ix. make a good faith effort to pay their utility bill on a consistent basis as specified below.

] 5. Required Verification

a. All factors of eligibility must be verified.

b. It is the applicant's responsibility to obtain acceptable verification.

c. If the household refuses to obtain the required verification and refuses to assist the local HEAT office in obtaining the verification, the moratorium application will be denied.

6. Good Faith Payment Effort

a. Each month during the moratorium the household must pay the utility company at least 5% of the gross income received in the month prior to the month of the moratorium application, unless the home is heated by electricity.

b. If the home is heated by electricity the household must pay the utility company at least 10% of the gross income received in the month prior to the month of application.

c. The minimum allowed monthly payment is $5.00 even if the client has no income in the month prior to the month of application.

7. In order to activate the moratorium, including the restoration of service to those households which are shut off, the first good faith payment is due at the time of application. Payments for subsequent months are due on or before the last day of each month.

8. For clients who defaulted during a previous Moratorium season the default payment is due before the client is eligible for protection under the current moratorium.

a. When a client defaults on a moratorium application, the client is not eligible for moratorium protection on that particular utility for the remainder of that moratorium season.

b. The client must pay the amount of any previous defaulted payment before they are eligible for the moratorium.

c. When a utility company notifies the HEAT office of a client default, the HEAT office will notify the client that of the default.

9. Regulated companies operating in Utah are subject to the Moratorium with the exception of the Mexican Hat Association.

 

KEY: energy assistance, energy industries

Date of Enactment or Last Substantive Amendment: [October 11, 2011]2012

Notice of Continuation: June 25, 2007

Authorizing, and Implemented or Interpreted Law: 9-12-10

 

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