RECOMMENDATION OF CONSUMER ADVISORY BOARD
Establishment of Low-Income Energy Assistance Program
CHAPTER 22.
HOME ENERGY ASSISTANCE PROGRAM.
§ 63.1-336. Definitions.
As used in this chapter, unless the context requires otherwise:
"Department" means the Department of Social Services.
"Energy assistance" includes fuel assistance and weatherization assistance.
"Fuel assistance" means benefits in the form of any material or substance used for home heating, including but not limited to electricity, oil, kerosene, natural gas, liquefied petroleum gas, wood or coal and provided under the Virginia Fuel Assistance Program established in accordance with the Low-income Energy Assistance Act of 1981 (Title XXVI of Public Law 97-35).
"Fund" means the Home Energy Assistance Fund established pursuant to this chapter.
"Program" means the Home Energy Assistance Program established pursuant to this Chapter.
§ 63.1-337. Policy of Commonwealth; Department of Social Services designated agency to coordinate state efforts.
The General Assembly declares that it is the policy of this Commonwealth to support the efforts of public agencies, private utility service providers, and charitable and community groups seeking to assist low-income Virginians in meeting their seasonal residential energy needs. To this end the Department of Social Services is designated as the state agency responsible for coordinating state efforts in this regard.
§ 63.1-338. Home Energy Assistance Fund.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Home Energy Assistance Fund. Moneys in the Fund shall be used:
1. To supplement the assistance provided through the Department's administration of the federal Low Income Home Energy Assistance Program Block Grant; and
2. To assist the Commonwealth in maximizing the amount of federal funds available under the Low Income Home Energy Assistance Program and the Weatherization Assistance Program by providing funds to comply with fund matching requirements.
B. The Fund shall be established on the books of the Comptroller. The Fund shall consist of:
1. Contributions to the Fund by business firms pursuant to the Neighborhood Assistance Act (§ 63.1-320 et seq.);
2. Donations and contributions to the Fund, including contributions designated on individual income tax refunds pursuant to § 58.1-346.16; and
3. Such moneys as shall be appropriated by the General Assembly.
C. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this chapter. The State Treasurer shall make expenditures and disbursements from the Fund on warrants issued by the Comptroller upon written request signed by the Commissioner of Social Services. No part of the Fund may be used to pay the Department's administrative expenses.
§ 63.1-339. Home Energy Assistance Program established.
A. The Department shall establish and operate the Home Energy Assistance Program. In administering the Program, it shall be the responsibility of the Department:
1. To administer the federal Low Income Home Energy Assistance Program within the Commonwealth in accordance with applicable law and regulations;
2. To coordinate the activities of the Department, the Department of Housing and Community Development, the Department of Mines, Minerals and Energy, and other agencies of the Commonwealth, as well as any non-state programs that elect to participate, that are directed at alleviating the seasonal residential energy needs of low-income Virginians, including needs for weatherization assistance services;
3. To provide a clearinghouse for information exchange regarding such residential energy needs for low-income Virginians, which clearinghouse shall provide information regarding the extent to which the Commonwealth's efforts in assisting low-income are adequate, are cost-effective, and are not duplicative of similar services provided by utility service providers, charitable organizations, and local governments;
4. To collect and analyze data regarding the amounts of energy assistance provided, categorized by fuel type, and the extent to which there is unmet need for energy assistance in the Commonwealth;
5 To track recipients of low-income energy assistance throughout the Commonwealth, based on data provided by program administrators;
6. To administer distributions from the Fund;
7. To develop and maintain a statewide list of available private and governmental resources for low-income Virginians in need of energy assistance;
8. To provide technical assistance upon request to local and private administrators of low-income energy assistance programs; and
9. To report annually to the Governor and General Assembly on the effectiveness of low-income energy assistance programs in meeting the needs of low-income Virginians, which report shall also address the effect of the restructuring of the electric and gas industries on low-income energy assistance needs and programs.
B. The Department is authorized to assume responsibility for administering all or any portion of any private, voluntary low-energy fuel assistance program upon the application of the administrator thereof, on such terms as the Department and such administrator shall agree and in accordance with applicable law and regulations. If the Department assumes administrative responsibility for administering such a voluntary program, it is authorized to receive funds collected through such voluntary program and distribute them through the Fund.
§ 63.1-340. Responsibilities of local departments.
Local departments of welfare or social services may, to the extent that funds are available, promote interagency cooperation at the local level by providing technical assistance, data collection and service delivery.
§ 63.1-341. Authority to receive and grant funds.
Subject to rules and regulations of the Board of Social Services and to the availability of state or federal funds for services to low-income households in need of seasonal fuel assistance, the Department of Social Services is authorized:
1. To receive state and federal funds for such services;
2. To disperse funds to vendors of energy services or through grants to local, public or private nonprofit agencies to provide energy assistance service programs for low-income households; and
3. To develop and implement grant mechanisms for funding such local services.
§ 63.1-342. Application of Administrative Process Act.
Actions of the Department relating to the review, allocation and awarding of benefits and grants shall be exempt from the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.) pursuant to subdivision B 4 of § 9-6.14:4.1. Decisions of the Department shall be final and not subject to review or appeal.
§ 63.1-343. Confidentiality of information.
Except in accordance with proper judicial order or as otherwise provided by law, any employee or former employee of the Department shall not divulge any information acquired by him in the performance of his duties with respect to the income or assistance eligibility of any individual or household obtained in the course of administering the Program. The provisions of this section shall not be applicable to (i) acts performed or words spoken or published in the line of duty under law; (ii) inquiries and investigations to obtain information as to the implementation of this chapter by a duly constituted committee of the General Assembly, or when such inquiry or investigation is relevant to its study, provided that any such information shall be privileged; or (iii) the publication of statistics so classified as to prevent the identification of any individual or household.