No. 35005 (Amendment): Rule R195-2. Energy Assistance Programs Standards

(Amendment)

DAR File No.: 35005
Filed: 06/30/2011 06:07:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to update and clarify language and policy for program standards and eligibility requirements for the state Home Energy Assistance Target (HEAT) Program.

Summary of the rule or change:

The changes indicate that the program may continue through September 30 each program year if federal funds are still available; clarify how Navajo Tribal residents may apply for HEAT; delete a reference to residents of hotels and trailer courts since they are not eligible for HEAT; require verification of SSNs of all applicant household members; update crisis assistance policy; and clarify credit refund policy language.

State statutory or constitutional authorization for this rule:

• Sections 9-12-101 through 9-12-105

Anticipated cost or savings to:

the state budget:

There are no aggregate anticipated cost or savings to the state as the program is 100% federally funded.

local governments:

Local government is not involved in the administration of this program and as noted above, the program is 100% federally funded and therefore there are no cost or savings to local governments.

small businesses:

Likewise, as noted above, there are no cost or savings to small businesses.

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

Again, as noted above, there are no cost or savings to persons and/or other entities.

Compliance costs for affected persons:

There are no compliance costs for any affected persons. No one is required to pay any costs to comply with this rule or to participate in the HEAT Program. All costs are borne by the HEAT Program and as noted above, it is a 100% federally funded program.

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

There are no cost or savings to businesses.

Michael Hansen, Acting 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)
324 S STATE ST
SALT LAKE CITY, UT 84111-2388

Direct questions regarding this rule to:

• Sherm Roquiero at the above address, by phone at 801-538-8644, 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:

08/15/2011

This rule may become effective on:

08/22/2011

Authorized by:

Michael Hansen, Acting Executive Director

RULE TEXT

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

R195-2. Energy Assistance Programs Standards.

R195-2-1. Opening and Closing Dates for HEAT Program.

1. Each November 1, or the first working day thereafter, the HEAT Program opens for the general population.

2. The HEAT Program closes the following April 30, or the last business day of the month, or when federal LIHEAP funds are exhausted, whichever comes first. If federal LIHEAP funds are yet available, the program may be extended beyond April 30 and through to September 30 with the approval of the State HEAT Program Manager. Applications taken on or before the program closing date may be processed after the program closing date. If funds are exhausted before all applications are processed, notice of non-payment will be sent to the remaining unprocessed applications.

 

R195-2-4. Local Residence.

1. A household's completed HEAT application must be maintained in the office in the area where they reside.

2. Native American Residents of Daggett, Duchesne, and Uintah Counties who are enrolled in any federally recognized Indian Tribe have a choice of applying for utility assistance through the state HEAT program or through the Ute Tribal LIHEAP Program. Clients cannot receive assistance from both programs in the same program year.

3. Native American Residents of Washington, Iron, Millard, and Sevier Counties have a choice of receiving utility assistance through the state HEAT program or through the Paiute Tribal LIHEAP Program. Clients cannot receive assistance from both programs in the same program year.

4. Residents living on the Navajo Indian Reservation in San Juan county [must]may apply for utility assistance through the Navajo Tribe or through the State HEAT Program. They cannot receive assistance through both programs in the same program year[the state HEAT program except through special provision of the State HEAT Office].

 

R195-2-5. Vulnerability.

1. An eligible household must be vulnerable to home heating costs.

a. The following households are considered responsible for home heating costs:

i. Households who are presently paying heating costs directly to energy suppliers on currently active accounts.

ii. Households who are currently paying energy costs indirectly through rent.

2. Residents in the following households are not considered responsible for home heating costs and are not eligible for HEAT assistance:

a. Nursing homes;

b. Hospitals;

c. Prisons and jails;

d. Institutions;

e. Alcoholism and drug treatment centers;

f. Group homes administered under a contract with a government agency or administered by a government agency;

g. Households not connected to a heat source;

h. Households whose utility bills are paid regularly by an outside party;

[ i. Residents of hotels or trailer courts who have lived there less than 30 days and who do not pay a reasonable or customary rate.

]

R195-2-7. Social Security Numbers.

1. Adults who apply for HEAT assistance must provide verification of their Social Security Numbers (SSN) or apply for SSN cards. Verification of Social Security Numbers [may be]are required for all household members .[ if there is a question of household size and composition.]

a. There are four ways to provide a correct SSN. The client can submit one of these three documents.

i. An official SSN card

ii. Official documents from Social Security Administration including award letters, benefit checks or a Medicare card

iii. An SSA receipt form 5028 or 2880.

iv. Official document from another government agency .[ or from an employer.]

 

R195-2-11. Energy Crisis Intervention.

1. A crisis is any weather-related emergency, any supply shortage emergency, or any other household energy-related emergency as approved by the region or state office.

a. Examples of household energy-related emergencies may include energy costs above 25% of the client's gross income, arrearages when the client has demonstrated a good faith attempt to resolve the problem or repairs to prevent loss of energy from a dwelling.

b. Examples of household energy-related non-emergencies may include payments that will create a credit balance on a utility account, payments on utility accounts previously sent to a collection agency or capital improvements to rental property.

2. To be eligible for energy crisis intervention, a household must be eligible for HEAT during the same HEAT program year.

a. If the local office determines that a household is eligible to receive energy crisis intervention benefits and is in a life threatening situation, energy crisis intervention benefits will be provided within 18 hours. Regular energy crisis intervention benefits will be provided within 48 hours of eligibility determination.

b. The director or HEAT supervisor must approve all crisis intervention expenditures.

c. HEAT payments are issued to the vendor. In emergencies a check may be issued to the client.

d. [When an energy crisis requires work from an outside vendor, the client must obtain at least two bids before work may begin. The job order will go to the lowest bidder unless the reasons for accepting a higher bid is documented and approved by the supervisor or the state office.

e.] Energy crisis intervention payments are limited to a maximum of $500 per household per utility (e.g. gas and electric) per HEAT program year unless prior approval for an amount larger than $500 per utility is obtained from the supervisor or state office.

 

R195-2-15. Credit Balances on Utility Accounts.

1. If the household discontinues service with their utility supplier, and the household so elects, the disconnecting supplier will forward any HEAT credit balance remaining on the account to the household's new utility company. The new utility company must operate in Utah. The household must furnish, to the disconnecting utility supplier, the name and address of the new utility company within 30 days after termination of service.

2. If the household elects to have the HEAT credit balance refunded directly to them, the disconnecting utility supplier will do so if the household still resides in Utah. The household must furnish, to the disconnecting utility supplier, their new address within 30 days after termination of service. Otherwise, the credit balance shall be refunded to the HEAT Program.

3. In no case shall HEAT credit balances be forwarded to utility companies not operating in Utah or to clients no longer residing in Utah.

4. If the client fails to give the disconnecting utility company the information for either option one or option two listed above, the utility company can hold the credit balance for an additional 30 days. If reconnection with the same utility has not occurred, any remaining credit balance must be refunded to the HEAT program.

5. Once credit balances are refunded to the HEAT program they become part of the general HEAT budget and are redistributed in the form of benefits to additional eligible households.

 

KEY: energy assistance, residency requirements, opening and closing dates, HEAT

Date of Enactment or Last Substantive Amendment: [January 12, 2005]2011

Notice of Continuation: June 22, 2007

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

 

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