File No. 35004
This rule was published in the July 15, 2011, issue (Vol. 2011, No. 14) of the Utah State Bulletin.
Community and Culture, Home Energy Assistance Target (HEAT)
Energy Assistance: Special State Programs
Notice of Proposed Rule
DAR File No.: 35004
Filed: 06/30/2011 06:03:41 PM
Purpose of the rule or reason for the change:
The purpose of this change is to delete Section R195-8-2, Conservation Education Demonstration Project.
Summary of the rule or change:
The Conservation Education Demonstration Project was a two-year project which ended in 1993 and has been unavailable since then; therefore this section is being deleted.
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 costs or savings for the state associated with this project or program. The program is 100% federally funded.
As above, there are no costs or savings to local governments.
As above, there are no costs or cost savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
No person or other entity 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 explained above, it is 100% federally funded.
Compliance costs for affected persons:
As noted above, no person or other entity is required to pay any costs to comply with this rule or to participate in the HEAT Program and therefore there are no compliance costs for affected persons. All costs are borne by the HEAT Program and as noted above, it is 100% federally funded.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no fiscal impacts on 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 firstname.lastname@example.org
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:
This rule may become effective on:
Michael Hansen, Acting Executive Director
R195. Community and Culture, Home Energy Assistance Target (HEAT).
R195-8. Energy Assistance: Special State Programs.
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 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. 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.
R195-8-2. Conservation Education Demonstration Project.
Participants in the HEAT program served under the
Mountainlands Community Action Project contract will be required,
as a part of eligibility, to attend energy conservation education
]KEY: energy assistance, energy industries
Date of Enactment or Last Substantive Amendment: [
Notice of Continuation: June 25, 2007
Authorizing, and Implemented or Interpreted Law: 9-12-10
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Sherm Roquiero at the above address, by phone at 801-538-8644, by FAX at 801-538-8888, or by Internet E-mail at email@example.com.