99-346-24 Me. Code R. § 1

Current through 2024-50, December 11, 2024

Section 346-24-1 - Definitions

A. "Act" means the Maine Housing Authorities Act, 30-A M.R.S. §4701 et seq., as it may be amended from time to time.

B. "Annual Consumption Report" means the annual report Vendors must submit to MaineHousing to report their HEAP customers' Home Energy deliveries from May 1st through April 30th.

C. "Applicant" means a person who signs the completed Application.

D. "Application" means forms and documents completed, signed, and provided by Applicant to determine eligibility for a Benefit and ECIP.

E. "Application Intake Date" means the date an Application is taken with the Applicant by Subgrantee personnel both online or not online.

F. "Benefit" means the dollar amount of Fuel Assistance an Eligible Household receives.

G. "Benefit Return" means a Benefit, partial or whole, returned to MaineHousing.

H. "Categorical Income Eligibility" means Household Members who are included on a Maine Department of Health and Human Services ("Maine DHHS") Notice of Decision for TANF or SNAP assistance will be considered income eligible for HEAP, as the Household Members' incomes have already been vetted. Household Members who are not included on the Notice of Decision must provide income documentation as outlined in this Rule and the HEAP Handbook.

I. "CHIP" means the Central Heating Improvement Program.

J. "Citizenship Attestation Form" means an attestation form prescribed by MaineHousing in the HEAP Handbook.

K. "Contractor" means a provider of materials or services to Eligible Households.

L. "Date of Application" means the date an Application is received by the Subgrantee.

M. "Direct Energy Cost" means an Energy Cost that is directly paid by the Household.

N. "Dwelling Unit" means an occupied residential housing structure with one or more rooms that was originally constructed and designed as permanent living quarters for one or more persons, when permanently connected to the required utilities (including plumbing, electricity and Heating Systems) and contains bathroom and kitchen facilities specific to that unit. A Dwelling Unit has its own private entrance from the outside or off an enclosed hallway leading from the outside that does not pass through or offer an open access to any other unit within the structure. A Dwelling Unit does not include a camper, trailer, semitrailer, truck camper, motor home, boat, railroad car, bus, yurt or other structure designed and constructed to provide temporary living quarters.

O. "ECIP" means the Energy Crisis Intervention Program.

P. "Eligible Household" means a Household that satisfies all eligibility and income requirements of the HEAP Act and requirements of this Rule.

Q. "Energy Cost" means cost of energy used for heating a Dwelling Unit or Rental Unit.

R. "Energy Crisis" shall have the same meaning as set forth in 42 U.S.C. § 8622(3), as same may be amended from time to time.

S. "Errors and Program Abuse" means the act of applying for or obtaining assistance to which one is not entitled by means of submitting false statements or withholding information pertinent to the determination of eligibility or benefits.

T. "Fuel Assistance" means the component of HEAP that assists Eligible Households with their Home Energy Costs.

U. "Functioning Heating System" means a Heating System that is working safely.

V. "HEAP" means the Home Energy Assistance Program established pursuant to the HEAP Act and the Act.

W. "HEAP Act" means 42 U.S.C. § 8621 et seq., and the regulations promulgated there under, including 45 C.F.R. § 96.1 through 96.68 and 45 C.F.R. § 96.80 et seq., all as may be amended from time to time.

X. "HEAP Handbook" means the handbook in effect for a Program Year that is used as a resource and guide for the administration of HEAP.

Y. "HEAP Weatherization" means the weatherization component of HEAP that provides Low- cost/no- cost Weatherization Activities, as defined by 10 C.F.R. § 440.20, and other cost-effective energy-related home repairs or installations.

Z. "Heating Season" means the period of time beginning October 1 and ending April 30.

AA. "Heating Source" means any device used to provide heat to a Dwelling Unit.

BB. "Heating System" means a permanently installed system that is used to heat the Dwelling Unit. A portable space heater is not considered to be a Heating System.

CC. "Home Energy" means a source of heating or cooling in residential dwellings as set forth in 42 U.S.C. § 8622(6), as same may be amended from time to time.

DD. "Household" means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent as set forth in 42 U.S.C. § 8622(5), as same may be amended from time to time.

EE. "Household Income" means the total income from all sources before taxes and deductions as further defined in this Rule.

FF. "Household Member" or "Household Members" means those individuals who are part of the Household.

GG. "Incidental Costs" means costs of services billed to a Household by a Vendor related to the use or delivery of Home Energy including, but not limited to: surcharges, penalty charges, reconnection charges, clean and repair service charges, security deposits, and insurance.

HH. "Indirect Determinable Energy Cost" means a cost for Home Energy that is not directly paid for by the Household but is a cost to the Household, such as heat that is included in rent.

II. "Life Threatening Crisis" means the household is currently without heat or utility service to operate a Heating Source or a Heating System.

JJ. "MaineHousing" means the Maine State Housing Authority.

KK. "Manufactured/Mobile Home" means a residence that is constructed at a manufacturing facility on a permanent chassis (i.e. the wheel assembly necessary to transport the residence is removable, but the steel undercarriage remains intact as a necessary structural component), was originally constructed and designed as permanent living quarters, and is transportable in one or more sections, which in traveling mode is 12 body feet or more in width and as erected on site is 600 or more square feet.

LL. "Modular" means a residence that is constructed at a manufacturing facility, but not constructed on a permanent chassis, was originally constructed and designed as permanent living quarters, and is transportable in one or more sections on an independent chassis such as a truck or train.

MM. "Overpayment" means any HEAP benefits paid to, or on behalf of, any Applicant or Household that exceeds the amount the Applicant or Household was eligible to receive.

NN. "Person with a Disability" means a person with a physical or mental disability as defined pursuant to 5 M.R.S. §4553-A.

OO. "Programs" means Fuel Assistance, Assurance 16, ECIP, CHIP, Heat Pump Program, and HEAP Weatherization.

PP. "Program Year" means the period of time beginning October 1 and ending September 30.

QQ. "Rental Unit" means a Dwelling Unit that is rented.

RR. "Roomer" means a person who qualifies as a separate Household and pursuant to a rental agreement rents no more than two rooms in a Dwelling Unit occupied as separate living quarters and who may, depending upon the rental agreement, be granted privileges to use, but not reside in, other rooms located in the same Dwelling Unit. A Roomer cannot be related by birth, marriage or adoption to any member of the lessor's Household. A Roomer also includes a boarder (meaning a Roomer who is provided meals).

SS. "Service Area" means the geographic area, as defined by MaineHousing, within which the Subgrantee operates and administers the Programs and the Vendor provides services.

TT. "State" means the State of Maine.

UU. "Subgrantee" means a public or private nonprofit agency, or municipality, selected by MaineHousing to administer the Programs.

VV. "Subsidized Housing" means Households whose rent is based on their income or the subsidy pays for any portion of their mortgage. Housing in which a tax credit or federal/state loan is applied to reduce debt burden on the property is not considered Subsidized Housing. A resident of a residential housing facility including without limitation group homes, homeless shelters, and residential care facilities or a Tenant who pays below market rent or no rent due to the landlord receiving a federal or state subsidy for rent is living in Subsidized Housing.

WW. "Supplemental Benefits" means the benefits that are funded with supplemental HEAP funds.

XX. "Supplemental Nutrition Assistance Program (SNAP)" means the nutrition assistance program administered by the United States Department of Agriculture.

YY. "TANF" means payments under the Temporary Assistance for Needy Families program as defined in 22 M.R.S., Chapter 1053-B, § 3762 et seq, as same be amended from time to time.

ZZ. "TANF Fuel Supplemental Benefits" means the benefits that are funded with TANF funds pursuant to 22 M.R.S., Chapter 1053-B, § 3769-E.

AAA. "Tenant" means an Applicant who resides in a Rental Unit.

BBB. "Vendor" means an energy supplier that has entered into an agreement ("Vendor Agreement") with MaineHousing to provide Home Energy to Eligible Households.

99-346 C.M.R. ch. 24, § 1