The Department seeks to streamline and clarify its rules related to its administration of the Low–Income Energy Assistance Act by moving information from Rule 73C-26.024, F.A.C., pertaining to energy payments into Rule 73C-26.022, F.A.C., concerning ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

RULE NO.: RULE TITLE:

73C-26.022 Energy Assistance Benefits

73C-26.023 Client Eligibility

73C-26.024 Energy Payments

73C-26.025 Hearings

PURPOSE AND EFFECT: The Department seeks to streamline and clarify its rules related to its administration of the Low–Income Energy Assistance Act by moving information from Rule 73C-26.024, F.A.C., pertaining to energy payments into Rule 73C-26.022, F.A.C., concerning energy benefits. The Department seeks to amend Rule 73C-26.024, F.A.C., pertaining to eligibility to include the information contained in Rule 73C-26.025, F.A.C., regarding appeal rights. Rules 73C-26.024 and .025, F.A.C., will be repealed. In addition, the Department seeks to delete paragraph (5)(f) of Rule 73C-26.023, F.A.C., in order to consider all households according to the same income factors for establishing eligibility.

SUMMARY: The amended and/or revised rules address the procedures governing the applications for participation under the Low-Income Energy Assistance Act.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency has previously performed a review of the statutory requirements and determined that Rules 73C-26.022, .023, .024, .025, F.A.C., have no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. These rules are therefore expected be able to take effect without the need of being ratified by the Legislature.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 409.508, FS.

LAW IMPLEMENTED: 409.508, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: March 8, 2017; 11:00 a.m.

PLACE: Department of Economic Opportunity, Caldwell Building, 107 E. Madison Street, Tallahassee, Florida 32399, Conference Room 110, and by teleconference by calling: 1(888)670-3525; Passcode: 9633615989 then #.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: M. Linville Atkins, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

73C-26.022 Energy Assistance Benefits and Energy Payments.

(1) through (4) No change.

(5) The Subgrantee shall make energy payments directly to the vendor on behalf of the eligible client. Only in cases where the Subgrantee cannot negotiate direct payment to the vendor will payment to the client be made in the form of a two party check payable to the client and vendor.

(6) The household must provide proof that it is responsible for paying the home energy cost. Fuel or energy types include electricity, fuel oil, kerosene, wood, natural gas, liquid propane or liquid propane gas. If the name on the bill/receipt is different from that of any member of the household, the relationship of the applicant to the fuel purchaser must be explained in the LIHEAP client files.

Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.022,  Amended .

 

73C-26.023 Client Eligibility. and Appeals Process

(1) through (4) No change.

(5) The following income factors shall be used to calculate client eligibility:

(a) through (e) No change.

(f) Households receiving Supplemental Security Income (SSI) or Food Stamps or who have applied for and are currently eligible for Weatherization Assistance Program (WAP) or Community Services Block Grant (CSBG) funds are considered automatically eligible. This is used only as a method of determining income eligibility. Program benefits and eligibility policies apply regardless of the method of income documentation;

(f)(g) No change.

(g)(h) No change.

(h)(i)  No change.

(6) through (8) No change.

(9) Notice of whether an applicant is eligible to receive assistance must be sent to the applicant by first class mail or hand delivery.

(a) through (b) No change.

(10) Subgrantees are required to have written applicant appeal procedures which satisfy the requirements of 42 U.S.C. § 8624(b)(13). Appeal provisions must be posted in a prominent place in the office visible to all applicants.

Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.024, Amended.

 

73C-26.024 Energy Payments

Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.024,Repealed.

 

73C-26.025 Hearings.

Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.025, Repealed.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: M. Linville Atkins, Office of General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cissy Proctor

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 1/13/17

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/3/17