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Montana Administrative Register Notice 37-587 No. 11   06/07/2012    
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BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 37.71.404 pertaining to low income weatherization assistance program (LIWAP)

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NOTICE OF PROPOSED AMENDMENT

 

NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

1.  On July 7, 2012, the Department of Public Health and Human Services proposes to amend the above-stated rule.

 

2.  The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on June 27, 2012, to advise us of the nature of the accommodation that you need.  Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

 

3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            37.71.404  LOW INCOME WEATHERIZATION ASSISTANCE PROGRAM, ELIGIBILITY  (1)  Persons eligible for the Low Income Energy Assistance Program (LIEAP) and who meet the requirements of ARM 37.71.601 are eligible for the Low Income Weatherization Program.  A household is eligible for the Low Income Weatherization Assistance Program (LIWAP) if:

            (a)  the household satisfies the financial requirements of (2)(a) or (b) of this rule; and

(b)  the household's dwelling satisfies the nonfinancial requirements of ARM 37.71.601.

(2)  A household is financially eligible for LIWAP if:

            (a)  the household is eligible for Low Income Energy Assistance Program (LIEAP) for the current heating season; or

            (b)  the household is not eligible for LIEAP for the current heating season because the household's countable income exceeds 150% of the FPL, but:

(i)  the household's countable income does not exceed 200% of the federal poverty level (FPL); and

(ii)  the household is otherwise eligible for LIEAP.

            (3)  If a household has not applied for LIEAP for the current heating season but wishes to receive weatherization services through LIWAP, the household must complete an application for LIEAP and comply with all requirements of ARM 37.70.305 and 37.70.311.  The household is not required to accept LIEAP benefits in order to receive weatherization services.

            (4)  In determining whether a household's countable income is at or below 200% of the FPL, the provisions of ARM 37.70.401, 37.70.406, and 37.70.407 will be applied.

            (5)  In determining whether a household is otherwise eligible for LIEAP the provisions of ARM 37.70.110, 37.70.401, and 37.70.408 will be applied.

 

AUTH: 53-2-201, MCA

IMP: 53-2-201, 90-4-201, 90-4-202, MCA

 

            4.  STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (the department) is proposing the amendment of ARM 37.71.404 pertaining to the Low Income Weatherization Assistance Program (LIWAP).  LIWAP is a federally funded program to help low income families reduce their energy burdens by reducing the costs of heating their homes by performing measures to weatherize their homes.  The department proposes to make changes to its administrative rules governing LIWAP as follows:

 

ARM 37.71.404

 

Because LIWAP is a needs-based assistance program, only households with income below specified limits are eligible to receive weatherization services.  ARM 37.71.404 currently provides that households that are eligible for the Low Income Energy Assistance Program (LIEAP) and that meet the requirements of ARM 37.71.601 are eligible for LIWAP.  The department proposes to amend ARM 37.71.404 to provide that a household that is not eligible for LIEAP because its countable income exceeds 150% of the federal poverty level (FPL) may nevertheless be eligible for LIWAP if the household's countable income does not exceed 200% of the FPL.  While the Department of Energy (DOE) has not changed the income limits for LIWAP, i.e., they remain at or below 200% of the FPL, the income limits for LIEAP have changed.  LIEAP previously provided that households whose income was at or below 200% of the FPL were income eligible for LIEAP, but in 2011 the LIEAP rules were amended to limit eligibility to households with income at or below 150% of FPL.  The amendment of ARM 37.71.404 is therefore necessary to specify that households with income that is above 150% of the FPL, but not in excess of 200% of the FPL, may be eligible for LIWAP and to specify the criteria and procedures for determining eligibility for LIWAP for households that are not eligible for LIEAP.

 

The department proposes to determine financial eligibility for LIWAP using the LIEAP rules for calculating income and resources because LIEAP and LIWAP are very closely related programs that serve similar populations despite the fact that households with slightly higher incomes may qualify for LIWAP.  The department also proposes to include a provision that a household that has not applied for LIEAP for the current heating season must complete a LIEAP application and comply with the LIEAP rules governing the application process.  This provision is necessary so that the local contractor that provides weatherization services will have sufficient information to determine whether the household is financially eligible for LIWAP.  The amended rule will provide that a household is not required to accept LIEAP benefits in order to receive weatherization services because it is possible, although perhaps unlikely, that a household did not file a LIEAP application because it made a deliberate choice not to receive LIEAP benefits.

 

Fiscal Impact

 

The change to ARM 37.71.404 will have no fiscal impact because households whose income falls within the 150% to 200% of the FPL have previously been qualified for LIWAP.  This change merely attempts to clarify the language of ARM 37.71.404.

 

5.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Kenneth Mordan, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on July 5, 2012.  Comments may also be faxed to (406) 444-9744 or e-mailed to dphhslegal@mt.gov.

 

6.  If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Kenneth Mordan at the above address no later than 5:00 p.m., July 5, 2012.

 

7.  If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 36 persons based on the number of LIEAP cases from the previous heating season whose income level was greater than 150% of the FPL.

 

8.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

9.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

10.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

/s/ Barbara B. Hoffmann                             /s/ Hank Hudson for                                               

Rule Reviewer                                             Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

 

 

Certified to the Secretary of State May 29, 2012.

 

 

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