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                                                      PRINTER'S NO. 1500

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1037 Session of 2006


        INTRODUCED BY TOMLINSON, CORMAN, BOSCOLA, LEMMOND, BROWNE, PUNT,
           C. WILLIAMS AND PIPPY, FEBRUARY 6, 2006

        REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 6, 2006

                                     AN ACT

     1  Establishing the Natural Gas and Electric Assistance Fund and
     2     imposing powers and duties on the Department of Public
     3     Welfare and the Department of Revenue.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Natural Gas
     8  and Electric Assistance Act.
     9  Section 2.  Declaration of policy.
    10     The General Assembly finds and declares as follows:
    11         (1)  Certain residents of this Commonwealth may find it
    12     difficult to pay for energy services because of a temporary
    13     financial reversal, medical crisis or other family problem.
    14         (2)  Nonprofit energy assistance organizations have been
    15     formed, joining together various nonprofit human service
    16     agencies and the major energy utilities in this Commonwealth
    17     to raise money through contributions of the members and
    18     others to provide temporary financial assistance to needy

     1     customers that may have exhausted all other available
     2     resources.
     3         (3)  Sharp increases in natural gas and oil prices took
     4     place in the wake of hurricanes Katrina and Rita.
     5         (4)  The American Gas Association has projected market
     6     prices for natural gas for the winter of 2005-2006 are
     7     expected to be between 50% and 70% higher than the winter of
     8     2004-2005.
     9         (5)  In light of such sharp increases, Commonwealth
    10     residents are expected to brace for record high energy prices
    11     this winter.
    12         (6)  The current high and volatile nature of energy
    13     prices have made it essential to consider increased funding
    14     for energy assistance programs.
    15         (7)  It serves a public purpose to provide supplemental
    16     funding to the Low Income Home Energy Assistance Program
    17     (LIHEAP) in order to help eligible families with paying their
    18     anticipated high energy bills.
    19         (8)  Increases in natural gas prices are expected to
    20     generate additional unanticipated sales tax revenue to the
    21     Commonwealth that can be used to offset the costs of
    22     supplemental grant funding under this act.
    23  Section 3.  Definitions.
    24     The following words and phrases when used in this act shall
    25  have the meanings given to them in this section unless the
    26  context clearly indicates otherwise:
    27     "Eligible household."  Includes:
    28         (1)  A household with income of 150% of the Federal
    29     poverty level for a household containing one or more
    30     individuals under 65 years of age.
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     1         (2)  A household with income of 200% of the Federal
     2     poverty level for a household containing only individuals 65
     3     years of age or older.
     4     "Fund."  The Natural Gas and Electric Assistance Fund
     5  established in section 4.
     6     "LIHEAP."  The program established by Title XXVI of the
     7  Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 42
     8  U.S.C. § 8621 et seq.) and administered by the Department of
     9  Public Welfare.
    10  Section 4.  Fund.
    11     (a)  Fund established.--The Natural Gas and Electric
    12  Assistance Fund is established as a special fund in the State
    13  Treasury to be administered by the Department of Public Welfare.
    14  The fund shall consist of additional sales tax revenue collected
    15  by the Department of Revenue attributable to the price increase
    16  in natural gas commodity charges incurred on or after September
    17  1, 2005, through June 30, 2006. The additional revenue shall be
    18  transferred monthly to the fund based on estimates certified by
    19  the Department of Revenue.
    20     (b)  Expenditures.--All moneys in the fund shall be expended
    21  for payment of utility expenses of residential customers
    22  associated with restoration of electric or gas service or the
    23  prevention of termination of electric or gas service. Payments
    24  shall be reviewed consistent with LIHEAP cash and LIHEAP crisis
    25  grants; however, payments shall be made directly to the gas or
    26  electric utility.
    27     (c)  Distribution.--The Department of Public Welfare shall
    28  increase benefits for eligible households by the maximum amount
    29  that the Department of Revenue has certified is available from
    30  September 1, 2005, to June 30, 2006, and shall distribute
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     1  benefits in accordance with the following schedule:
     2         (1)  On or before January 1, 2006, 50% of the estimated
     3     total amount under subsection (a).
     4         (2)  On or before July 31, 2006, 50% of the balance of
     5     the actual excess amount under subsection (a).
     6  Section 10.  Effective date.
     7     This act shall take effect immediately.
















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