42 U.S.C. § 8624 : US Code - Section 8624: Applications and requirements

Search 42 U.S.C. § 8624 : US Code - Section 8624: Applications and requirements

(a) Form; assurances; public hearings
(1) Each State desiring to receive an allotment for any fiscal
year under this subchapter shall submit an application to the
Secretary. Each such application shall be in such form as the
Secretary shall require. Each such application shall contain
assurances by the chief executive officer of the State that the
State will meet the conditions enumerated in subsection (b) of this
section.
(2) After the expiration of the first fiscal year for which a
State receives funds under this subchapter, no funds shall be
allotted to such State for any fiscal year under this subchapter
unless such State conducts public hearings with respect to the
proposed use and distribution of funds to be provided under this
subchapter for such fiscal year.
(b) Certifications required for covered activities
As part of the annual application required by subsection (a) of
this section, the chief executive officer of each State shall
certify that the State agrees to -
(1) use the funds available under this subchapter to -
(A) conduct outreach activities and provide assistance to low
income households in meeting their home energy costs,
particularly those with the lowest incomes that pay a high
proportion of household income for home energy, consistent with
paragraph (5);
(B) intervene in energy crisis situations;
(C) provide low-cost residential weatherization and other
cost-effective energy-related home repair; and
(D) plan, develop, and administer the State's program under
this subchapter including leveraging programs,
and the State agrees not to use such funds for any purposes other
than those specified in this subchapter;
(2) make payments under this subchapter only with respect to -
(A) households in which 1 or more individuals are receiving -

(i) assistance under the State program funded under part A
of title IV of the Social Security Act [42 U.S.C. 601 et
seq.];
(ii) supplemental security income payments under title XVI
of the Social Security Act [42 U.S.C. 1381 et seq.];
(iii) food stamps under the Food Stamp Act of 1977 [7
U.S.C. 2011 et seq.]; or
(iv) payments under section 1315, 1521, 1541, or 1542 of
title 38, or under section 306 of the Veterans' and
Survivors' Pension Improvement Act of 1978; or
(B) households with incomes which do not exceed the greater
of -
(i) an amount equal to 150 percent of the poverty level for
such State; or
(ii) an amount equal to 60 percent of the State median
income;
except that a State may not exclude a household from
eligibility in a fiscal year solely on the basis of household
income if such income is less than 110 percent of the poverty
level for such State, but the State may give priority to those
households with the highest home energy costs or needs in
relation to household income;
(3) conduct outreach activities designed to assure that
eligible households, especially households with elderly
individuals or disabled individuals, or both, and households with
high home energy burdens, are made aware of the assistance
available under this subchapter, and any similar energy-related
assistance available under subtitle B of title VI (relating to
community services block grant program) [42 U.S.C. 9901 et seq.]
or under any other provision of law which carries out programs
which were administered under the Economic Opportunity Act of
1964 [42 U.S.C. 2701 et seq.] before August 13, 1981;
(4) coordinate its activities under this subchapter with
similar and related programs administered by the Federal
Government and such State, particularly low-income energy-related
programs under subtitle B of title VI (relating to community
services block grant program) [42 U.S.C. 9901 et seq.], under the
supplemental security income program, under part A of title IV of
the Social Security Act [42 U.S.C. 601 et seq.], under title XX
of the Social Security Act [42 U.S.C. 1397 et seq.], under the
low-income weatherization assistance program under title IV of
the Energy Conservation and Production Act [42 U.S.C. 6851 et
seq.], or under any other provision of law which carries out
programs which were administered under the Economic Opportunity
Act of 1964 [42 U.S.C. 2701 et seq.] before August 13, 1981;
(5) provide, in a timely manner, that the highest level of
assistance will be furnished to those households which have the
lowest incomes and the highest energy costs or needs in relation
to income, taking into account family size, except that the State
may not differentiate in implementing this section between the
households described in clause (2)(A) and (2)(B) of this
subsection;
(6) to the extent it is necessary to designate local
administrative agencies in order to carry out the purposes of
this subchapter, give special consideration, in the designation
of such agencies, to any local public or private nonprofit agency
which was receiving Federal funds under any low-income energy
assistance program or weatherization program under the Economic
Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] or any other
provision of law on August 12, 1981, except that -
(A) the State shall, before giving such special
consideration, determine that the agency involved meets program
and fiscal requirements established by the State; and
(B) if there is no such agency because of any change in the
assistance furnished to programs for economically disadvantaged
persons, then the State shall give special consideration in the
designation of local administrative agencies to any successor
agency which is operated in substantially the same manner as
the predecessor agency which did receive funds for the fiscal
year preceding the fiscal year for which the determination is
made;
(7) if the State chooses to pay home energy suppliers directly,
establish procedures to -
(A) notify each participating household of the amount of
assistance paid on its behalf;
(B) assure that the home energy supplier will charge the
eligible household, in the normal billing process, the
difference between the actual cost of the home energy and the
amount of the payment made by the State under this subchapter;
(C) assure that the home energy supplier will provide
assurances that any agreement entered into with a home energy
supplier under this paragraph will contain provisions to assure
that no household receiving assistance under this subchapter
will be treated adversely because of such assistance under
applicable provisions of State law or public regulatory
requirements; and
(D) ensure that the provision of vendored payments remains at
the option of the State in consultation with local grantees and
may be contingent on unregulated vendors taking appropriate
measures to alleviate the energy burdens of eligible
households, including providing for agreements between
suppliers and individuals eligible for benefits under this
subchapter (!1) that seek to reduce home energy costs, minimize
the risks of home energy crisis, and encourage regular payments
by individuals receiving financial assistance for home energy
costs;
(8) provide assurances that (A) the State will not exclude
households described in clause (2)(B) of this subsection from
receiving home energy assistance benefits under clause (2), and
(B) the State will treat owners and renters equitably under the
program assisted under this subchapter;
(9) provide that -
(A) the State may use for planning and administering the use
of funds under this subchapter an amount not to exceed 10
percent of the funds payable to such State under this
subchapter for a fiscal year; and
(B) the State will pay from non-Federal sources the remaining
costs of planning and administering the program assisted under
this subchapter and will not use Federal funds for such
remaining costs (except for the costs of the activities
described in paragraph (16));
(10) provide that such fiscal control and fund accounting
procedures will be established as may be necessary to assure the
proper disbursal of and accounting for Federal funds paid to the
State under this subchapter, including procedures for monitoring
the assistance provided under this subchapter, and provide that
the State will comply with the provisions of chapter 75 of title
31 (commonly known as the "Single Audit Act");
(11) permit and cooperate with Federal investigations
undertaken in accordance with section 8627 of this title;
(12) provide for timely and meaningful public participation in
the development of the plan described in subsection (c) of this
section;
(13) provide an opportunity for a fair administrative hearing
to individuals whose claims for assistance under the plan
described in subsection (c) of this section are denied or are not
acted upon with reasonable promptness;
(14) cooperate with the Secretary with respect to data
collecting and reporting under section 8629 of this title;
(15) beginning in fiscal year 1992, provide, in addition to
such services as may be offered by State Departments of Public
Welfare at the local level, outreach and intake functions for
crisis situations and heating and cooling assistance that is
administered by additional State and local governmental entities
or community-based organizations (such as community action
agencies, area agencies on aging, and not-for-profit neighborhood-
based organizations), and in States where such organizations do
not administer intake functions as of September 30, 1991,
preference in awarding grants or contracts for intake services
shall be provided to those agencies that administer the low-
income weatherization or energy crisis intervention programs;
and
(16) use up to 5 percent of such funds, at its option, to
provide services that encourage and enable households to reduce
their home energy needs and thereby the need for energy
assistance, including needs assessments, counseling, and
assistance with energy vendors, and report to the Secretary
concerning the impact of such activities on the number of
households served, the level of direct benefits provided to those
households, and the number of households that remain unserved.
The Secretary may not prescribe the manner in which the States will
comply with the provisions of this subsection. The Secretary shall
issue regulations to prevent waste, fraud, and abuse in the
programs assisted by this subchapter.
Not later than 18 months after May 18, 1994, the Secretary shall
develop model performance goals and measurements in consultation
with State, territorial, tribal, and local grantees, that the
States may use to assess the success of the States in achieving the
purposes of this subchapter. The model performance goals and
measurements shall be made available to States to be incorporated,
at the option of the States, into the plans for fiscal year 1997.
The Secretary may request data relevant to the development of model
performance goals and measurements.
(c) State plan; revision; public inspection
(1) As part of the annual application required in subsection (a)
of this section, the chief executive officer of each State shall
prepare and furnish to the Secretary, in such format as the
Secretary may require, a plan which -
(A) describes the eligibility requirements to be used by the
State for each type of assistance to be provided under this
subchapter, including criteria for designating an emergency under
section 8623(c) of this title;
(B) describes the benefit levels to be used by the State for
each type of assistance including assistance to be provided for
emergency crisis intervention and for weatherization and other
energy-related home repair;
(C) contains estimates of the amount of funds the State will
use for each of the programs under such plan and describes the
alternative use of funds reserved under section 8623(c) of this
title in the event any portion of the amount so reserved is not
expended for emergencies;
(D) describes weatherization and other energy-related home
repair the State will provide under subsection (k) of this
section, including any steps the State will take to address the
weatherization and energy-related home repair needs of households
that have high home energy burdens, and describes any rules
promulgated by the Department of Energy for administration of its
Low Income Weatherization Assistance Program which the State, to
the extent permitted by the Secretary to increase consistency
between federally assisted programs, will follow regarding the
use of funds provided under this subchapter by the State for such
weatherization and energy-related home repairs and improvements;
(E) describes any steps that will be taken (in addition to
those necessary to carry out the assurance contained in paragraph
(5) of subsection (b) of this section) to target assistance to
households with high home energy burdens;
(F) describes how the State will carry out assurances in
clauses (3), (4), (5), (6), (7), (8), (10), (12), (13), and (15)
of subsection (b) of this section;
(G) states, with respect to the 12-month period specified by
the Secretary, the number and income levels of households which
apply and the number which are assisted with funds provided under
this subchapter, and the number of households so assisted with -
(i) one or more members who had attained 60 years of age;
(ii) one or more members who were disabled; and
(iii) one or more young children; and
(H) contains any other information determined by the Secretary
to be appropriate for purposes of this subchapter.
The chief executive officer may revise any plan prepared under this
paragraph and shall furnish the revised plan to the Secretary.
(2) Each plan prepared under paragraph (1) and each substantial
revision thereof shall be made available for public inspection
within the State involved in such a manner as will facilitate
timely and meaningful review of, and comment upon, such plan or
substantial revision.
(3) Not later than April 1 of each fiscal year the Secretary
shall make available to the States a model State plan format that
may be used, at the option of each State, to prepare the plan
required under paragraph (1) for the next fiscal year.
(d) Expending of funds
The State shall expend funds in accordance with the State plan
under this subchapter or in accordance with revisions applicable to
such plan.
(e) Conduct of audits
Each State shall, in carrying out the requirements of subsection
(b)(10) of this section, obtain financial and compliance audits of
any funds which the State receives under this subchapter. Such
audits shall be made public within the State on a timely basis. The
audits shall be conducted in accordance with chapter 75 of title
31.
(f) Payments or assistance not to be deemed income or resources for
any purpose under Federal or State law; determination of excess
shelter expense deduction
(1) Notwithstanding any other provision of law unless enacted in
express limitation of this paragraph, the amount of any home energy
assistance payments or allowances provided directly to, or
indirectly for the benefit of, an eligible household under this
subchapter shall not be considered income or resources of such
household (or any member thereof) for any purpose under any Federal
or State law, including any law relating to taxation, food stamps,
public assistance, or welfare programs.
(2) For purposes of paragraph (1) of this subsection and for
purposes of determining any excess shelter expense deduction under
section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) -
(A) the full amount of such payments or allowances shall be
deemed to be expended by such household for heating or cooling
expenses, without regard to whether such payments or allowances
are provided directly to, or indirectly for the benefit of, such
household; and
(B) no distinction may be made among households on the basis of
whether such payments or allowances are provided directly to, or
indirectly for the benefit of, any of such households.
(g) Repayment of funds expended improperly; offset
The State shall repay to the United States amounts found not to
have been expended in accordance with this subchapter or the
Secretary may offset such amounts against any other amount to which
the State is or may become entitled under this subchapter.
(h) Periodic evaluation of expenditures by Comptroller General
The Comptroller General of the United States shall, from time to
time (!2) evaluate the expenditures by States of grants under this
subchapter in order to assure that expenditures are consistent with
the provisions of this subchapter and to determine the
effectiveness of the State in accomplishing the purposes of this
subchapter.
(i) Certain recipients of supplemental security income ineligible
for payments or assistance
A household which is described in subsection (b)(2)(A) of this
section solely by reason of clause (ii) thereof shall not be
treated as a household described in subsection (b)(2) of this
section if the eligibility of the household is dependent upon -
(1) an individual whose annual supplemental security income
benefit rate is reduced pursuant to section 1611(e)(1) of the
Social Security Act [42 U.S.C. 1382(e)(1)] by reason of being in
an institution receiving payments under title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.] with respect to such
individual;
(2) an individual to whom the reduction specified in section
1612(a)(2)(A)(i) of the Social Security Act [42 U.S.C.
1382a(a)(2)(A)(i)] applies; or
(3) a child described in section 1614(f)(2) of the Social
Security Act [42 U.S.C. 1382c(f)(2)] who is living together with
a parent, or the spouse of a parent, of the child.
(j) State verification of income eligibility; policies and
procedures applicable
In verifying income eligibility for purposes of subsection
(b)(2)(B) of this section, the State may apply procedures and
policies consistent with procedures and policies used by the State
agency administering programs under part A of title IV of the
Social Security Act [42 U.S.C. 601 et seq.], under title XX of the
Social Security Act [42 U.S.C. 1397 et seq.], under subtitle B of
title VI of this Act (relating to community services block grant
program) [42 U.S.C. 9901 et seq.], under any other provision of law
which carries out programs which were administered under the
Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] before
August 13, 1981, or under other income assistance or service
programs (as determined by the State).
(k) Limitation on use of funds; waiver
(1) Except as provided in paragraph (2), not more than 15 percent
of the greater of -
(A) the funds allotted to a State under this subchapter for any
fiscal year; or
(B) the funds available to such State under this subchapter for
such fiscal year;
may be used by the State for low-cost residential weatherization or
other energy-related home repair for low-income households,
particularly those low-income households with the lowest incomes
that pay a high proportion of household income for home energy.
(2)(A) If a State receives a waiver granted under subparagraph
(B) for a fiscal year, the State may use not more than the greater
of 25 percent of -
(i) the funds allotted to a State under this subchapter for
such fiscal year; or
(ii) the funds available to such State under this subchapter
for such fiscal year;
for residential weatherization or other energy-related home repair
for low-income households, particularly those low-income households
with the lowest incomes that pay a high proportion of household
income for home energy.
(B) For purposes of subparagraph (A), the Secretary may grant a
waiver to a State for a fiscal year if the State submits a written
request to the Secretary after March 31 of such fiscal year and if
the Secretary determines, after reviewing such request and any
public comments, that -
(i)(I) the number of households in the State that will receive
benefits, other than weatherization and energy-related home
repair, under this subchapter in such fiscal year will not be
fewer than the number of households in the State that received
benefits, other than weatherization and energy-related home
repair, under this subchapter in the preceding fiscal year;
(II) the aggregate amounts of benefits that will be received
under this subchapter by all households in the State in such
fiscal year will not be less than the aggregate amount of such
benefits that were received under this subchapter by all
households in the State in the preceding fiscal year; and
(III) such weatherization activities have been demonstrated to
produce measurable savings in energy expenditures by low-income
households; or
(ii) in accordance with rules issued by the Secretary, the
State demonstrates good cause for failing to satisfy the
requirements specified in clause (i).
(l) State tax credits to energy suppliers who supply home energy at
reduced rates to low-income households
(1) Any State may use amounts provided under this subchapter for
the purpose of providing credits against State tax to energy
suppliers who supply home energy at reduced rates to low-income
households.
(2) Any such credit provided by a State shall not exceed the
amount of the loss of revenue to such supplier on account of such
reduced rate.
(3) Any certification for such tax credits shall be made by the
State, but such State may use Federal data available to such State
with respect to recipients of supplemental security income benefits
if timely delivery of benefits to households described in
subsection (b) of this section and suppliers will not be impeded by
the use of such data.