Rule-making#: 14-55555-1-1 / 14-5-1-1
Office or Division/Program: Office of Economic Security/ Division of Low-Income Energy Assistance / Rule Author: Enrique Hernandez / Phone: 303-861-0235
E-Mail:
STATEMENT OF BASIS AND PURPOSE
Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)
The Low-Income Energy Assistance Program (LEAP) is reviewed annually for updates that might be needed for the next period, effective November 1st. There are four main purposes for this rule change:
1. To copy rules from the general eligibility rule sections 3.100 (9 CCR 2503-1) and 3.200 (9 CCR 2503-2), and only those rules that apply to LEAP or that are currently referenced within LEAP program rules. Those rules that will be copied will be copied verbatim, except that they may exclude those sections that do not apply to LEAP or they were already excluded in LEAP rule by reference, those with exclusions will be indicated in the summary table below. This is due to the intent to repeal 3.100 and 3.200 at a later date.
2. To add a rule that requires the county departments of social/human services to conduct case file reviews and submit documentation to the State LEAP office as recommended by the Office of the State Auditor, based on 2012-2013 LEAP audit findings.
3. To revise, clarify and update the income guidelines and flat rates for benefit calculation.
4. To clarify appropriate use of the Electronic Benefits Transfer (EBT) for recipients of Low-Income Energy Assistance Program (LEAP) cash benefits. The rule also specifies restricted use and consequences for the prohibited use of automated teller machines (ATMs) or transactions with similar electronic technology in establishments such as, but not limited to, liquor stores, casinos, gambling casinos, gambling establishments, adult oriented establishments and marijuana shops.
An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:
to comply with state/federal law and/orto preserve public health, safety and welfare
Explain:
Initial Review / 09/05/2014 / Final Adoption / 10/03/2014Proposed Effective Date / 12/01/2014 / EMERGENCY Adoption / N/A
DOCUMENT 2
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[Note: “Strikethrough” indicates deletion from existing rules and “all caps” indicates addition of new rules.]
STATEMENT OF BASIS AND PURPOSE (continued)
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2013) - State Board to promulgate rules; 26-1-109, C.R.S. (2013) - State Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2013) – State Board to promulgate rules for public assistance and welfare activities.
Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)
26-2-122.5 C.R.S. (2013) - Colorado Department of Human Services is authorized to accept available moneys, including those for LEAP;
40-8.7-109, C.R.S. (2013) - LEAP eligibility for qualified individuals by CDHS;
40-8.7-112(1), C.R.S. (2013) – Low Income Energy Assistance fund administered by CDHS.
Yes / X / NoYes / X / No
Does the rule incorporate material by reference?
Does this rule repeat language found in statute?
If yes, please explain.
State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which stakeholders?
Colorado Legal Services, Policy Advisory Committee (PAC), Economic Security Sub-PAC, Energy Outreach Colorado (EOC), Colorado Energy Office (CEO), Governor’s Commission on Low Income Energy Assistance, Colorado Cross-Disability Coalition, Colorado Rural Electric Association, County LEAP managers, County Human Services Directors Association
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
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Title of Proposed Rule: / 2014-2015 Low-Income Energy Assistance Program (LEAP) UpdateRule-making#: / 14-5-1-1
Office or Division/Program: Office of Economic Security/ Division of Low-Income Energy Assistance / Rule Author: Enrique Hernandez / Phone: 303-861-0235
REGULATORY ANALYSIS
(Complete each question; answers may take more than the space provided)
1. List of groups impacted by this rule:
Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?
The State LEAP unit, counties, and clients will be positively impacted by centralizing all the rules pertaining to LEAP into one section. It also provides clarification of existing language and codifies best practices in rule.
2. Describe the qualitative and quantitative impact:
How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?
All LEAP eligibility information will be available to counties, clients, and the public within one section in the rule. This will eliminate the need for clients to search for the information in different sections and will facilitate training within the counties.
Clarification of existing language assures better direction for counties and improves efficiency in eligibility determination and timeliness in case processing, which positively impacts LEAP clients.
3. Fiscal Impact:
For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.
State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)
None
County Fiscal Impact
None
Federal Fiscal Impact
The U.S. Department of Health and Human Services primarily funds LEAP.
Other Fiscal Impact (such as providers, local governments, etc.)
None
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Title of Proposed Rule: / 2010-2011 Low-Income Energy Assistance Program (LEAP) UpdateRule-making#: / 10-4-13-1
Office or Division/Program: / Rule Author: Enrique Hernandez / Phone: 303-861-0235
REGULATORY ANALYSIS (continued)
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?
U.S. Health and Human Services 2014 Poverty Guidelines were used to set income maximums at one hundred fifty percent 150% of Federal Poverty Level (FPL). For example, the maximum annual income for a household size of four (4) at 150% FPL is $35,775 according to the Federal Poverty Guidelines. The amount is divided by twelve (12) months and rounded up to the nearest dollar; therefore, the maximum monthly gross income for a household size of four is $2,982. LEAP uses a monthly gross income amount to determine income eligibility.
Flat rate and standard amount when heat is included in rent figures are based on the average of the actual home heating costs from the prior heating season as recorded in the LEAP automated computer system.
5. Alternatives to this Rule-making:
Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.
No alternatives were considered because the proposed rule change is the only method available to revise current rules.
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Title of Proposed Rule: / 2014-2015 Low-Income Energy Assistance Program (LEAP) UpdateRule-making#: / 14-5-1-1
Office or Division/Program: Office of Economic Security/ Division of Low-Income Energy Assistance / Rule Author: Enrique Hernandez / Phone: 303-861-0235
OVERVIEW OF PROPOSED RULE
Compare and/or contrast the content of the current regulation and the proposed change.
Section Numbers / Current Regulation / Proposed Change /Stakeholder Comment
3.750.11, 3.750.12, 3.751.1, 3.751.31, 3.751.41, 3.751.42, 3.751.43, 3.751.51, 3.751.53, 3.751.71, 3.751.72, 3.752, 3.756.11, 3.756.2, 3.758.31, 3.758.32, 3.758.41, 3.758.46, 3.758.47, 3.758.47 Step D, 3.758.47 Step F, 3.759.11. / The program is described as: “Basic Program” / Changes the description to: “Heating Fuel Assistance Program” / _X_ / Yes / _ / No3.750.13 / None / Adds the intent of the Crisis Intervention Program. / _ / Yes / X / No
3.751.1 / Definition of “Application Period for the Purpose of Income Verification” / Changes the title to “Income Verification Period”, but maintains the definition. / _X_ / Yes / _ / No
3.751.1 / Definitions / Adds the definition of “Approved Vendor”. / X / Yes / _ / No
3.751.1 / Definition of “Completed Application” / Changes the section reference from 3.140.11 to 3.753. / __ / Yes / X / No
3.751.1 / Definition of “Estimated Home Heating Costs” / Adds “(EHHC)” to the title of the definition and adds the following sentence to the definition: “An EHHC can only be obtained from approved vendors, for all other vendors use flat rates. This sentence adds to rule what has been best practice. / _ / Yes / X / No
3.751.1 / Definitions / Adds the definition of “Life Threatening Crisis” as requested by the federal auditors. / _X_ / Yes / _ / No
3.751.1 / Definitions of “Household” / Deletes the details leaving only the general definition of household and adding the reference to section 3.751.2. / __ / Yes / X / No
3.751.1 / Definitions / Adds the definition “Propane Bottles” to differentiate them from propane as a bulk fuel, and adds a definition for “Report of Contact (ROC)” to clarify to the counties what the State means when using the term / _X_ / Yes / _ / No
3.751.2 / None / Adds descriptions and clarifications of households that were previously under the definition of household. / __ / Yes / X / No
3.751.21 / Permanent Separation / Copies 3.210.23 to add it under the LEAP section as 3.751.21. / _X_ / Yes / _ / No
3.751.22 / Presumption of Marriage / Copies 3.210.24 to add it under the LEAP section as 3.751.22. / _X_ / Yes / _ / No
3.751.35 / Authorized Representative / Replaces 3.751.35 which is a duplicate rule with a new rule titled “Signature by Mark”. This rule allows illiterate or partially illiterate clients to use a mark as signature provided there is a witness. / __ / Yes / X / No
3.751.44 / None / Adds language on the appropriate use of the EBT. / _X_ / Yes / _ / No
3.751.64 / None / Adds a rule about county case file reviews as recommended by the Office of the State Auditor as a result of the 2012-2013 LEAP audit finding. The title of the rule is “County Case File Review”. / X / Yes / _ / No
3.752.21 / Program Eligibility Requirements
The program is described as: “Basic Program” / Changes the description to: “Heating Fuel Assistance Program” and deletes the reference number 3.752.21, which places program eligibility requirements under 3.752.2. / X / Yes / _ / No
3.752.21 / Countable Unearned Income / Copies 3.250.23 to add it under the LEAP section as 3.752.21 with some modifications to account for the exclusions that already existed in the LEAP rules. /
x
X / Yes / _ / No3.752.211 / Periodic Payments / Copies 3.250.25 to add it under the LEAP section as 3.752.211. / X / Yes / _ / No
3.752.212 / Military Allotment / Copies 3.250.27 to add it under the LEAP section as 3.752.212. Only the first part of this rule was copied since LEAP counts all income received by the applicant’s household. / __ / Yes / X / No
3.752.22 A / Income and Household Size Criteria / Adds the treatment of unearned income to clarify its use to prevent errors found during State LEAP county reviews. It moves the subsequent letters to accommodate the new “A” and deletes the old “D” section. / __ / Yes / X / No
3.752.22 C,3 / Income and Household Size Criteria / Deletes the former name of the definition and its reference and replaces it with the new name. The following sentence was replaced “for the application period (3.751.1 “Application Period for the Purpose of Income Verification”)” for “in the income verification period” / __ / Yes / X / No
3.752.22 D / Income and Household Size Criteria / Changes the description from “Basic Program” to “Heating Fuel Assistance Program” and updates the Monthly Gross Income table to match the current poverty level in accordance with Federal Department of Health and Human Services. / __ / Yes / X / No
3.752.23 / Income Exclusions / Copies parts of section 3.200.41 to add it under the corresponding LEAP section as 3.752.23 with some modifications to account for the exclusions that already existed in the LEAP rules and deleting references no longer needed. It also adjusts the lettering within the rule. / X / Yes / _ / No
3.752.25 A / Vulnerability / Clarifies the definition of vulnerability by deleting “affected by the rising” and replacing it with “responsible for the” / __ / Yes / X / No
3.752.25 B / Vulnerability / Changes the description of the program to: “Heating Fuel Assistance Program” and adds two new non-eligible dwellings: commercial properties and hotels; unless they meet certain requirements. The two statements under B 6 will move under the new B 8. / X / Yes / _ / No