65-407-314 Me. Code R. § 6

Current through 2024-25, June 19, 2024
Section 407-314-6 - STATEWIDE LOW-INCOME ASSISTANCE PLAN AND LIAP ADMINISTRATION: ROLE OF THE MSHA AND THE DHHS
A.Role of MSHA

The MSHA shall administer the LIAPs, and coordinate the administration of the LIAPs with the delivery of LIHEAP in Maine. Specifically, the MSHA (operating through the Community Action Agencies or other designated entities) shall determine eligibility to participate in a LIAP and inform the transmission and distribution utility serving the customer of the customer's eligibility. The MSHA will be responsible for negotiating agreements with the Community Action Agencies or other designated entities necessary to carry out the intent of this section. Each transmission and distribution utility shall be responsible for making the necessary arrangements with the MSHA for administering its LIAP.

1.Fiscal Oversight
a.Management of the Statewide Low-Income Assistance Plan Fund

The MSHA shall create and manage the Statewide Low-Income Assistance Plan Fund pursuant to Section 5 of this Chapter. Funds submitted to MSHA pursuant to Section 5 shall be placed in an interest- bearing account in accordance with the MSHA's standard investment policies pertaining to funds held in trust.

b.Contributions to and Reimbursements from the Statewide Low-Income Assistance Plan Fund

During each program year, the MSHA shall monitor and track payments made by transmission and distribution utilities to the "benefits" and "administrative" accounts of the Statewide Low-Income Assistance Plan fund to ensure the transmission and distribution utility's compliance with Section 5 of this Chapter. The MSHA shall notify the Commission of any transmission and distribution utility that fails to make its required contribution. The MSHA will not be responsible for enforcing a transmission and distribution utility's obligations under this section.

c.LIAP Benefits

During each program year, the MSHA shall monitor and track benefits paid by transmission and distribution utilities to ensure that:

i. Transmission and distribution utilities spend their specified apportionments on LIAP benefits pursuant to Section 5(E);
ii. Transmission and distribution utilities contribute their specified assessments to fund benefits pursuant to Section 5(E); and
iii. A transmission and distribution utility seeks reimbursement from the Fund for only those costs incurred for LIAP benefits to its customers above the transmission and distribution utility's assessment and up to the transmission and distribution utility's apportionment, pursuant to Section 5(E).
2.Statewide Low-Income Assistance Plan Administrative Expenses Incurred by the MSHA

The MSHA shall be reimbursed for its costs incurred for the administration of the Statewide Low-Income Assistance Plan in an amount not to exceed $291,164 or other amount established pursuant to Section 5(B)(2). In the event this amount does not fully cover the MSHA's costs to administer the Statewide Low-Income Assistance Plan, the Commission may increase the transmission and distribution utilities' contributions to the administrative account of the Fund pursuant to Section 5(B)(2) of this Chapter. Included in this amount shall be costs incurred by the Community Action Agencies and other MSHA-designated entities that are associated with the implementation and administration of the Statewide Low- Income Assistance Plan. Reimbursement for administrative costs pursuant to this section shall come from the "administrative account" of the Statewide Low- Income Assistance Plan fund. The MSHA shall maintain records accounting for the costs it has incurred in administering the Statewide Low-Income Assistance Plan, including those costs incurred by the Community Action Agencies and other MSHA-designated entities. The Commission or its agents shall have the authority to inspect and examine MSHA's records of its administrative costs.

3.Disputes Between the MSHA and its Designees

Any disagreements between the MSHA and entities designated by MSHA to administer the Statewide Low-Income Assistance Plan regarding compensation from the Fund for administrative duties carried out pursuant to this section shall be brought to the Commission for resolution.

4.Reports to Commission

The MSHA shall file reports annually with the Commission covering the program year October 1 through September 30. The reports shall be filed with the Commission by the immediately following January 1 and will be in an electronic data format satisfactory to the Commission and the MSHA. The reports shall summarize and update program information including at a minimum the following information for each quarter of the program year:

a.Total Number of Participants

The total number of households participating in each transmission and distribution utility's LIAP.

b.Reimbursement to Transmission and Distribution Utilities

The amount reimbursed from the fund in response to each transmission and distribution utility's statement of actual LIAP benefit amounts paid to eligible customers over the transmission and distribution utility's assessment amount.

c.Funds Received from Transmission and Distribution Utilities

The amount received from each transmission and distribution utility, separately listing funds received to the "administrative account" and funds received to the "benefits account."

d.Benefits Paid

The amount of benefits paid by each transmission and distribution utility, as well as total benefits paid.

e.Fund Information

The amount of LIAP funds held by the MSHA, the interest earned by the fund, and projected spending for the pending program year.

f.Oxygen Pump and Ventilator Benefit

The number of customers receiving a benefit for the use of an oxygen pump or ventilator pursuant to Section 4(L) of this Chapter, and the total amount of the benefits paid. Customers receiving a housing subsidy that limits the household's total housing costs, including utilities, to a fixed percentage of the household's income, must be stated separately.

g.Other Information

Any other information concerning the administration and implementation of the LIAPs that the MSHA or the Commission believes would be useful for the Commission's ongoing oversight of funding levels and program design. Reports filed by the MSHA pursuant to this section will be in an electronic data format satisfactory to the MSHA and the Commission.

5.Record Maintenance

The MSHA shall maintain records that include at least the following information:

a.Number of Customers Evaluated

The number of eligible customers evaluated for participation in the Statewide Low-Income Assistance Plan by each Community Action Agency or other entity authorized to determine eligibility for the applicable LIAPs.

b.Income and Usage

The household income, electric usage, and dollar amount of the annualized LIAP benefit (for LIAPs where this information is available) for each customer determined to be eligible by a Community Action Agency or other MSHA-designated entity, the date of such determination, and the identity of the transmission and distribution utility notified of the eligibility and benefit amount (for programs where this information is available).

c.Oxygen Pump and Ventilator Benefit

The number of customers receiving a benefit for the use of an oxygen pump or ventilator pursuant to Section 4(L) of this Chapter.

6.Coordination with Community Action Agencies

The MSHA may contract with Community Action Agencies or other entities throughout the State to administer the individual LIAPs. If circumstances require, the MSHA may, in its discretion, administer a LIAP locally or may contract with other entities, such as municipalities, to administer a LIAP in cooperation with LIHEAP and similar programs. The MSHA may establish application procedures, education and counseling, record retention, and reporting requirements applicable to ensure that entities administering the LIAPs do so locally in a manner that is cost effective and coordinated with the implementation of LIHEAP. The MSHA shall provide notice of the individual transmission and distribution utility's LIAPs, including the Oxygen Pump and Ventilator Benefit, to customers applying for LIHEAP as well as in its mailings to clients about low-income assistance.

B.Role of DHHS

DHHS will annually send a notification to all households participating in a DHHS administered program that are at or below 75% of the federal poverty guidelines notifying the household of the existence of the LIAP and of the household's eligibility to participate in the LIAP. The notification will be sent during the month of September and will:

1) include the household's address;
2) include the household's total income amount
3) include a blank line for the potential participant to write in their utility account number; and
4) direct the household to contact their transmission and distribution utility to enroll in the LIAP.

65-407 C.M.R. ch. 314, § 6