PRINTER'S NO. 669
No. 567 Session of 2003
INTRODUCED BY J. EVANS, PRESTON, BAKER, BEBKO-JONES, BUNT,
CAPPELLI, CAWLEY, COSTA, COY, CURRY, DAILEY, DALLY, DeWEESE,
GRUITZA, HARHART, HARPER, HENNESSEY, HUTCHINSON, KIRKLAND,
LAUGHLIN, LEACH, MACKERETH, MANDERINO, MANN, McILHATTAN,
MELIO, PISTELLA, RUBLEY, SHANER, T. STEVENSON, SURRA, THOMAS,
WOJNAROSKI, YOUNGBLOOD, YUDICHAK AND DeLUCA, MARCH 3, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 3, 2003
AN ACT
1 Providing for home energy assistance to certain persons through
2 payment of matching funds to the hardship funds of certain
3 home energy providers and for powers and duties of the
4 Department of Public Welfare; and making an appropriation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Home Energy
9 Assistance Act.
10 Section 2. Declaration of policy.
11 The General Assembly finds and declares as follows:
12 (1) The Federal Government recognized the importance of
13 aiding low-income families with heating their homes when it
14 created the Low-Income Home Energy Assistance Program in
15 1981.
16 (2) Other states have recognized the need to supplement
1 these Federal funds for home heating energy assistance with
2 state funds.
3 (3) The Commonwealth recognizes the importance of
4 allocating State funds to aid families struggling with
5 heating costs that do not fall within the guidelines of the
6 Federal program.
7 (4) Heating oil and propane gas companies and public
8 utilities that provide electricity and natural gas also
9 recognize the need to contribute funds for energy assistance
10 by their establishment of hardship funds.
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Average monthly degree day." The average daily temperature
16 for a given month.
17 "Department." The Department of Public Welfare of the
18 Commonwealth.
19 "Eligible ratepayer." A ratepayer whose payment to a home
20 energy provider for service and whose income falls between 151%
21 and 200% of the Federal poverty guidelines as reported by the
22 Department of Health and Human Services.
23 "Hardship fund." Funds established by a home energy provider
24 to provide cash assistance to those ratepayers who have
25 exhausted all other resources for payment of electricity,
26 heating oil, natural gas or propane gas bills.
27 "Heating season." The months of November, December, January,
28 February and March, consecutively.
29 "Home energy provider." A heating oil or propane gas company
30 or a public utility that provides electricity or natural gas to
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1 ratepayers in this Commonwealth.
2 "Ratepayer." A person in whose name a residential service
3 account is listed with a home energy provider and who is
4 primarily responsible for payment of a bill rendered for
5 service.
6 Section 4. Matching funds.
7 (a) Commonwealth share.--The department shall provide
8 matching funds based upon the amount contributed by the
9 stockholders, employees and ratepayers of home energy providers
10 to their hardship funds as contained in the most recent data
11 reported to the Pennsylvania Public Utility Commission or
12 obtained otherwise.
13 (b) Distribution.--The department shall only distribute
14 matching funds when the Statewide average monthly degree days in
15 a heating season are 10% colder than the Statewide average
16 monthly degree days for a heating season for the previous ten
17 years as reported by the National Weather Service or obtained
18 otherwise.
19 Section 5. Application procedure.
20 (a) Time for filing.-- A home energy provider may apply for
21 matching funds and must notify the department of its intent to
22 do so during the period of January 1 to February 1.
23 (b) Contents of application.--The application shall be in
24 such form as prescribed by the department and shall contain:
25 (1) The amount to be credited to the home energy
26 provider into its hardship fund.
27 (2) Identification of a nonprofit entity that has agreed
28 to evaluate the financial condition of ratepayers, with their
29 consent, in order to assist the home energy provider with its
30 determination of whether the ratepayers should receive credit
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1 through the hardship fund.
2 (3) Such other information as required by the
3 department.
4 Section 6. Distribution.
5 Moneys appropriated to the department for purposes of section
6 4 shall, upon certification by the department of qualified funds
7 in a home energy provider's hardship fund, remit the matching
8 funds to the home energy provider no later than April 1.
9 Section 7. Rules and regulations.
10 The department may promulgate any rules and regulations it
11 determines necessary for the administration of this act.
12 Section 8. Appropriation.
13 The sum of $3,000,000, or as much thereof as may be
14 necessary, is hereby appropriated to the Department of Public
15 Welfare for the fiscal year July 1, 2003, to June 30, 2004, to
16 carry out the provisions of this act.
17 Section 9. Effective date.
18 This act shall take effect July 1, 2003, or immediately,
19 whichever is later.
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