DAR File No. 38719

Workforce Services, Administration

Rule R982-408

Energy Assistance: Special State Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 38719
Filed: 07/29/2014 04:57:31 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 are minor changes to the Moratorium program to select current practice and a new contract with the Salvation Army.

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.

R982-408. Energy Assistance: Special State Programs.

R982-408-1. Moratorium.

The department shall require compliance with Section 35A-8-1501.

[1.](1) The moratorium program protects eligible persons from winter utility shut offs.

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

[3.](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.](4) The moratorium applicant must:

[a.](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.](b) Be living at the address where Moratorium protection is needed;

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

[d.](d) Have [applied]been approved for HEAT;

[e.](e) Have applied for assistance through the [American Red Cross]Salvation Army; and

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

[5.](5) In addition [they]the applicant must [indicate that the client meets ]meet at least one of the following criteria:

[A.](a) [G]have 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.](b) have suffered a medical or other emergency in either the month of application or the month prior to the month of application[.];

[C.](c) have suffered a loss of employment in either the month of application or the month prior to the month of application[.]; or

[D.](d) have suffered a 50% drop in income in either the month of application or the month prior to the month of application.

[5.](5) Required Verification

[a.](a) All factors of eligibility must be verified.

[b.](b) It is the applicant's responsibility to obtain acceptable verification.

[c.](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.](6) Good Faith Payment Effort

[a.](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.](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.](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.](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.](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.](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.](b) The client must pay the amount of any previous defaulted payment before they are eligible for the moratorium.

[c.](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.](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: [July 9, 2012]2014

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