DAR File No. 38715

Workforce Services, Administration

Rule R982-402

Energy Assistance Programs Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 38715
Filed: 07/29/2014 04:34:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Home Energy Assistance Target (HEAT) program rules are being updated to reflect changes made in federal regulations and changes to the Utah HEAT Program policies and procedures.

Summary of the rule or change:

These proposed amendments change references to the outdated INS forms and regulations and updates the information with references to the current U.S. Citizenship and Immigration Services references in keeping with changes in federal law. Additionally, these changes reflect current policy of not helping with energy bills for persons living in tents or automobiles. Other changes are made to comply with federal regulation and current Department practice.

State statutory or constitutional authorization for this rule:

• Section 35A-1-104
• Section 35A-8-1403
• Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

This is a federally-funded program and there are no substantive changes which will impact the costs of the program so there are no costs or savings to the state budget.

local governments:

This is a federally-funded program and there are no substantive changes which will impact the costs of the program so there are no costs or savings to any local government.

small businesses:

This is a federally-funded program and there are no substantive changes which will impact the costs of the program so there are no costs or savings to any small business.

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

There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes.

Compliance costs for affected persons:

There are no compliance costs for this change to anyone, including persons affected by this change.

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

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Jon Pierpont, Executive Director

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

Workforce Services
Administration
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected]

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:

09/15/2014

This rule may become effective on:

09/22/2014

Authorized by:

Jon Pierpont, Executive Director

R982. Workforce Services, Administration.

R982-402. Energy Assistance Programs Standards.

R982-402-1. Opening and Closing Dates for HEAT Program.

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

[2.](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.

 

R982-402-2. U.S. Residence.

[1.](1) To be eligible for HEAT assistance, a person must meet at least one of the criteria for US residence listed below:

[a.](a) Be a US born or naturalized citizen as evidenced by any document verifying the individual was born in the US or naturalization papers.

[b.](b) Be lawfully admitted into the US for permanent residence as evidenced by a[n] valid U. S. Citizenship and Immigration Services (USCIS) Permanent Resident Card (form I-551)[Immigration and Naturalization Service (INS) form I-151 or I-551].

[c.](c) Be lawfully admitted into the US with a valid USCIS Employment Authorization Card (form I-766) with one of the following categories: A3, A4, A5, A10, C11, C25, RE1, RE2, RE3, RE4, RE5[as a Refugee as evidenced by an INS form I-94 stamped "Admitted under the Refugee Act of 1980"].

[d.](d) Be lawfully admitted into the US with a valid USCIS Arrival/Departure Record (Form I-94) with a Customs and Border Protection endorsement stamp marked with one of the following: I-551, 203A7, 207, 208, 212D5, RE1, RE2, RE3, RE4, RE5[as a conditional entrant as evidenced by an INS form I-94 stamped "Conditional Entrant"].

[e.](e) Be lawfully admitted into the US with a valid USCIS Approval Notice (Form I-797A) issued with one of the following classes: I-551, 203A7, 207, 208, or 212D5, RE1, RE2, RE3, RE4, RE5[as a special agricultural worker as evidenced by a green colored INS form I-688 stamped PL 99-603 Sec. 210].

[2.](2) Persons not eligible to participate in the HEAT program are:

[a.](a) Persons who hold [INS]a USCIS 1-94 who are admitted as temporary entrants.

[b.](b) Persons who have none of the documents listed in subsection 1 of this section or whose documents are expired[hold an INS I-688 Sec. 210A (RAWS).

c. Persons who hold an INS I-688 Sec. 245A (AMNESTY).

d. Persons who hold an INS I-688A Sec. 210, 210A, or 245A (SAWS, RAWS, and AMNESTY).

e. Persons who have no registration card].

 

R982-402-3. Utah Residence.

There is no length of residency requirement. Individuals must be living in Utah voluntarily and not for a temporary purpose.

 

R982-402-4. Local Residence.

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

][2.](1) 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.](2) 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.](3) Residents living on the Navajo Indian Reservation in San Juan [c]County 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.

 

R982-402-5. Vulnerability.

[1.](1) [An eligible household must be vulnerable to home heating costs.]Households that are responsible for paying home heating costs are considered vulnerable.

[a.](2) The following households are considered responsible for home heating costs:

[i.](a) Households who are presently paying heating costs directly to energy suppliers on currently active accounts.

[ii.](b) Households who are currently paying energy costs indirectly through rent.

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

[a.](a) Nursing homes;

[b.](b) Hospitals;

[c.](c) Prisons and jails;

[d.](d) Institutions;

[e.](e) Alcoholism and drug treatment centers;

[f.](f) Group homes administered under a contract with a government agency or administered by a government agency;

[g.](g) Households not connected to a heat source;

[h.](h) Households whose utility bills are paid regularly by an outside party;

(i) Automobiles;

(j) Tents.

 

[R982-402-6. Subsidized Housing - Roomers And Boarders.

Eligibility for HEAT assistance: a household living in a federal, state, or local subsidized housing or anyone renting a room in a private house or apartment must pay an identifiable surcharge for heat in addition to their rent or they must pay a utility bill for heating costs directly to a utility provider.

 

]R982-402-7. Social Security Numbers.

[1.](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 [are]is required for all household members.

[a.](2) There are four ways to provide a correct SSN. The client can submit one of these three documents.

[i.](a) An official SSN card

[ii.](b) Official documents from Social Security Administration including award letters, benefit checks or a Medicare card

[iii.](c) An SSA receipt form 5028 or 2880.

[iv.](d) Official document from another government agency.

 

R982-402-8. Eligible HEAT Household.

[1.](1) Household members need not be related.

[2.](2) Multiple dwellings including duplexes and apartment buildings[,] are considered separate households.

 

R982-402-9. Age and Emancipation.

Household members 18 years of age or older or emancipated are considered adults. A child can be emancipated by age, marriage or court order.

 

R982-402-10. Weatherization Referrals.

Participation in the weatherization program is not a condition of eligibility for HEAT.

 

R982-402-11. [Energy Crisis Intervention]HEAT Crisis Assistance.

(1) A crisis exists when a household faces a sudden or unexpected event beyond its control resulting in the inability to pay household heating costs. A crisis may be caused by:

(a) unexpected increase in medical costs;

(b) sudden loss of job, public benefits, or other income;

(c) malfunction of heating equipment;

(d) other circumstances that may pose a potential health and/or safety threat

(2) Circumstances that do not necessarily qualify as a crisis include:

(a) chronic non-payment of utility/fuel costs

(b) unexplained or excessively high utility/fuel costs

(c) 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

(d) other situations which are not sudden, unexpected, or beyond the control of the household.

[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.](3) To be eligible for [energy]HEAT crisis [intervention]assistance, a household must be eligible for HEAT during the same HEAT program year.

[a.](a) If the local office determines that a household is in a crisis situation, is eligible to receive [energy]HEAT crisis [intervention benefits]assistance and has written notice from the Division of Public Utilities that the residence has "life supporting equipment", HEAT crisis assistance [is in a life threatening situation, energy crisis intervention benefits ]will be provided within 18 hours. Regular HEAT crisis assistance [energy crisis intervention benefits ]will be provided within 48 hours of eligibility determination.

[b.](b) The [director or ]HEAT supervisor or designee must approve all [crisis intervention ]expenditures.

[c.](c) HEAT payments are issued to the vendor. [In emergencies a check may be issued to the client.]If propane or wood is used as a heating source, or if the state does not have a contract with the vendor, the percentage of benefit attributable to that heating source can be paid directly to the client.

[d.](d) [Energy crisis intervention]HEAT crisis 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.

 

R982-2-12. Supplemental Programs.

Household s that [who ]qualify for HEAT assistance may also receive supplemental payments from other utility programs, such as "Reach", "Lend-A-Hand", and Catholic Community Services utility fund.

 

R982-402-13. Security Deposits.

[1. Public Service Commission (PSC) Regulated Utilities

a.](1) A PSC regulated utility is required to waive the security deposit requirement for all Heat and Moratorium clients during the period of the Moratorium.[

b.] Monies received by a regulated utility from third-party sources, including monies provided by HEAT, REACH, CONCERN or similar programs, shall not be applied to the security deposit.

[2. Non Regulated Utilities

a.](2) If the company has signed a HEAT contract, the company has agreed not to charge a security deposit to a HEAT client from November 15th through March 15th. This does not apply to the service initiation fees that are routinely charged as a condition of service.

 

R982-402-14. Consumer Complaints.

[1. Public Service Commission (PSC) Regulated Utilities

a.](1) Consumer complaints against a PSC regulated utility should be referred to the Public Service Commission.

[2. Non Regulated Utilities

a.](2) Consumer complaints against a non regulated utility should be referred directly to the individual utility company.

 

R982-402-15. Credit Balances on Utility Accounts.

[1.](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.](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.] Utility companies may refund credit balances to clients who still reside in Utah if a new Utah address is provided within 30 days after termination of service. Otherwise, the credit balance shall be refunded to the HEAT Program.

[3.](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.](4) If the client fails to give the disconnecting utility company the information [for either option one or option two listed above]necessary to transfer or refund the credit balance, 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.](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: [July 9, 2012]2014

Authorizing, and Implemented or Interpreted Law: 35A-8-1403