Current through Reg. 49, No. 52; December 27, 2024
(a) Allowable CEAP Expenditures include
customer education, utility payment assistance, repair of existing heating and
cooling units, replacement of irreparable existing heating and cooling unit
components, purchase of heating and cooling units when none exist, and
crisis-related purchase of portable heating and cooling units.
(b) Total maximum possible annual Household
benefit (all allowable benefits combined) shall not exceed $12,600 during a
Program Year, not including arrears.
(c) Benefit determinations are based on the
Household's income (even if the Household is Categorically Eligible), the
Household size, Vulnerable Populations in the Household, plus other priority
status, whether a Household has one or more Unqualified Aliens for which
calculation adjustments must be made as described in paragraphs (1) and (2) of
this subsection, and the availability of funds.
(1) Count income for all Household members 18
years of age and older, including Unqualified Aliens; and
(2) Adjust the Household size for determining
eligibility and benefit assistance level to exclude all Unqualified Aliens.
(d) For purposes of
determining Categorical Eligibility or Vulnerable Populations (i.e. priority
status), the Household is not considered to satisfy the definition of having
Categorical Eligibility or Vulnerable Population if the only individual(s) in
the Household with that Categorical Eligibility or Vulnerable Population status
are Unqualified Aliens. For purposes of reporting, all individuals in the
Households should be reported.
(e)
Benefit determinations for the Utility Payment Assistance Component and the
Crisis Assistance Component cannot exceed the sliding scale described in
paragraphs (1) - (3) of this subsection:
(1)
Households with Incomes of 0 to 50% of Federal Poverty Guidelines may receive
an amount not to exceed $1,800 per Component;
(2) Households with Incomes more than 50% but
at or below 75% of Federal Poverty Guidelines may receive an amount not to
exceed $1,500 per Component; and
(3) Households with Incomes more than 75% but
at or below 150% of Federal Poverty Guidelines may receive an amount not to
exceed $1,200 per Component.
(f) Service and Repair of existing heating
and cooling units. Households may receive up to $9,000 for service and repair
of existing heating and cooling units when the Household has an inoperable
heating or cooling system based on requirements in §
6.310 of this subchapter (relating
to Crisis Assistance Component) for Non-Vulnerable Population Households and
§
6.311 of this subchapter (relating
to Utility Assistance Component) for Vulnerable Population Households.
Subrecipients should attempt to repair individual components of a system; if a
component(s) of the heating or cooling system cannot be repaired using parts,
the Subrecipient can replace the component(s) in order to repair the heating or
cooling system.
(g) Purchase of
heating and cooling units. Households may receive up to $9,000 for the purchase
of a heating and cooling unit when a heating or cooling system is nonexistent
based on requirements in §
6.310 of this subchapter (relating
to Crisis Assistance Component) for Non-Vulnerable Population Households and
§
6.311 of this subchapter (relating
to Utility Assistance Component) for Vulnerable Population
Households.
(h) Assistance with
purchase of portable cooling and/or heating units, window units, evaporative
coolers, and mini splits cannot exceed $9,000. Refer to §
6.310(c)(5) of
this subchapter for requirements relating to purchase of these types of
units.
(i) Energy bills already
paid may not be reimbursed by the program. Funds from CEAP shall not be used to
weatherize dwelling units, for medicine, food, transportation assistance (e.g.,
vehicle fuel) except as noted in §
6.310(d) of this
subchapter, income assistance, or to pay for penalties or fines assessed to
customers except in the case of arrearage payments as noted in paragraph (9) of
this subsection. Subrecipient shall provide only the types of assistance
described in this subsection with funds from CEAP:
(1) Payment to vendors and suppliers of
fuel/utilities, goods, and other services, such as past due or current bills
related to the procurement of energy for heating and cooling needs of the
residence, not to include security lights and other items unrelated to energy
assistance as follows:
(A) Subrecipient must
make utility payments on behalf of Households based on the previous 12 month's
home energy consumption history, including allowances for cost inflation. If a
12 month's home energy consumption history is unavailable, Subrecipient must
base payments on a Department approved alternative billing method. If neither a
12 month's home energy consumption history nor an approved alternative billing
method exists, then Subrecipient may base payments on current bill.
Subrecipient will note such exceptions in customer files. Benefit amounts
exceeding the actual bill shall be treated as a credit for the customer with
the utility company;
(B) Vulnerable
Population Households can receive benefits to cover the remaining bills within
the Program Year as long as the cost does not exceed the maximum annual benefit
for the Utility Assistance Component. Bill payment may cover two separate fuel
sources; and
(C) Non-Vulnerable
Population Households can receive benefits to cover up to six remaining bills
within the Program Year as long as the cost does not exceed the maximum annual
benefit for the Utility Assistance Component. Bill payment may cover two
separate fuel sources;
(2) Needs assessment and energy conservation
tips, coordination of resources, and referrals to other programs;
(3) Payment of water, wastewater and solid
waste charges are not an allowable LIHEAP expense even in cases where those
charges are an inseparable part of a utility bill. Whenever possible,
Subrecipient shall negotiate with the utility providers to pay only the "home
energy" (heating and cooling) portion of the bill or utilize other funds to pay
for the water related charges;
(4)
Payment of reconnection fees in line with the registered tariff filed with the
Public Utility Commission and/or Texas Railroad Commission. Payment cannot
exceed that stated tariff cost. Subrecipient shall negotiate to reduce the
costs to cover the actual labor and material and to ensure that the utility
does not assess a penalty for delinquency in payments;
(5) Payment of security deposits only when
state law requires such a payment, or if the Public Utility Commission or Texas
Railroad Commission has listed such a payment as an approved cost, and where
required by law, tariff, regulation, or a deferred payment agreement includes
such a payment. Subrecipient shall not pay such security deposits that the
energy provider will eventually return to the customer;
(6) While rates and repair charges may vary
from vendor to vendor, Subrecipient shall negotiate for the lowest possible
payment. Prior to making any payments to an energy vendor a Subrecipient shall
have a signed vendor agreement on file from the energy vendor receiving direct
CEAP payments from the Subrecipient;
(7) Subrecipient may make payments to
landlords on behalf of eligible renters who pay their utility and/or fuel bills
indirectly. Subrecipient shall notify each participating Household of the
amount of assistance paid on its behalf. Subrecipient shall document this
notification. Subrecipient shall maintain proof of utility or fuel bill
payment. Subrecipient shall ensure that amount of assistance paid on behalf of
customer is deducted from customer's rent; and
(8) In lieu of deposit required by an energy
vendor, Subrecipient may make advance payments. The Department does not allow
CEAP Expenditures to pay deposits, except as noted in paragraph (5) of this
subsection. Advance payments may not exceed an estimated two months'
billings.
(9) Payment of existing
arrearages related to home energy costs. Such payments have no maximum cost
limit and do not count towards the total maximum possible annual Household
benefit. Payment of arrearages may include the payment of penalties and fines
related to home energy.
