RULES AND REGULATIONS
Title 55--PUBLIC WELFARE
DEPARTMENT OF PUBLIC WELFARE
[55 PA. CODE CH. 601]
Low Income Home Energy Assistance Program
[36 Pa.B. 285] The Department of Public Welfare (Department), under the authority of Subarticle F of Article XVII-A of The Fiscal Code (72 P. S. §§ 1751-A and 1752-A), added by the act of December 16, 2005 (P. L. 439, No. 81) (Act 81) and section 403(b) of the Public Welfare Code (62 P. S. § 403(b)), adds Subchapter B (relating to State emergency energy assistance fund) to read as set forth in Annex A.
Omission of Proposed Rulemaking
Notice of proposed rulemaking is omitted in accordance with section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(3)), known as the Commonwealth Documents Law (CDL), and 1 Pa. Code § 7.4(3). Under Act 81, the Governor has published an emergency declaration in which he has found that, as a result of natural disasters throughout the country, home heating fuel and natural gas prices have risen and the available Federal Home Energy Assistance funds are not sufficient to meet the needs of low-income residents of this Commonwealth. The Governor has determined that, as a result, there is a threat to public health.
The Department finds that, under the present circumstances, notice of proposed rulemaking is impracticable and contrary to the public interest because the time periods required for regulatory review and comment under the Regulatory Review Act (71 P. S. § 745.1--745.14), section 204 of the Commonwealth Attorneys Act (71 P. S. § 732-204) and sections 201 and 203 of the CDL (45 P. S. §§ 1201 and 1203) would take several months. This delay would not allow for prompt implementation of the Emergency Energy Assistance Fund to benefit low-income residents in need of assistance with their home energy needs.
In addition, the Department is adopting Subchapter B because of an emergency, as that term is defined in section 6 of the Regulatory Review Act (71 P. S. § 745.6). Immediate emergency-certified regulations are needed to address the threat to public health occasioned by rising home heating fuel and natural gas prices. These costs adversely impact low-income residents of this Commonwealth. As a result, the General Assembly enacted Act 81 to appropriate funds to the Emergency Energy Assistance Fund. The Governor, under Act 81, has declared that recent natural disasters and high energy prices are a threat to public health and insufficient Federal funds are available to meet the need. Also, Act 81 explicitly authorizes the Department to publish emergency regulations for the Emergency Energy Assistance Fund.
Under section 6(d) of the Regulatory Review Act, the final-omitted rulemaking takes effect immediately and remains in effect for 120 days. During the 120-day period, the final-omitted rulemaking is subject to review under the procedures for review of a final-omit regulation under section 6(d) of the Regulatory Review Act.
Purpose
The purpose of this final-omitted rulemaking is to comply with Act 81. Act 81 requires that the criteria and emergency regulations for this program be published in the Pennsylvania Bulletin along with the publication of the Governor's requisite declaration of a threat to public health and insufficient Federal home energy assistance funds to meet the needs of low-income residents of this Commonwealth. The Department will follow criteria set forth in the Federal Fiscal Year (FFY) 2006 Low-Income Home Energy Assistance Program (LIHEAP) Final State Plan and the regulations in Subchapter A (relating to Federal Low Income Home Energy Assistance Program) in administering the Emergency Energy Assistance Fund.1
Requirements
The Department has amended Chapter 601 by dividing it into two subchapters. Subchapter A contains the requirements for the Federal LIHEAP program. New Subchapter B describes the eligibility criteria for the State-funded Emergency Energy Assistance Fund and establishes a sunset date. Specifically, § 601.151 (relating to eligibility criteria) provides that the eligibility criteria and benefits for the State Emergency Energy Assistance Fund shall be as set forth in the Commonwealth's FFY 2006 LIHEAP State Plan and Subchapter A. Section 601.152 (relating to sunset date) provides for the program to sunset on June 30, 2006.
Affected Individuals and Organizations
Low-income Pennsylvanians in need of home energy assistance will benefit from the availability of the Emergency Energy Assistance Fund.
Accomplishments and Benefits
The final-omitted rulemaking will benefit low-income Pennsylvanians by providing State funds in addition to the Federal LIHEAP funds for eligible households.
Fiscal Impact
Under Act 81, an amount of up to one mill of the gross receipts tax has been appropriated from the General Fund to the Emergency Energy Assistance Fund for the fiscal year from July 1, 2005, to June 30, 2006.
Paperwork Requirements
No additional paperwork requirements are anticipated as a result of this final-omitted rulemaking.
Effective Date
The final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Public Comment
Although this rulemaking is being adopted without publication as a proposed rulemaking, interested persons are invited to submit written comments, suggestions or objections regarding the rulemaking to the Department of Public Welfare, Office of Income Maintenance, Edward J. Zogby, Director, Bureau of Policy, Room 431 Health and Welfare Building, Harrisburg, PA 17120. Comments will be reviewed and considered for any subsequent revision of the regulations.
Persons with a disability who require an auxiliary aid or service may submit comments by using the AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
Sunset Date
This final-omitted rulemaking will sunset on June 30, 2006.
Regulatory Review Act
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on January 10, 2006, the Department submitted a copy of this final-omitted rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Health and Human Services and the Senate Committee on Public Health and Welfare. On the same date, the final-omitted rulemaking was submitted to the Office of the Attorney General for review and approval under the Commonwealth Attorneys Act.
In addition to submitting the final-omitted rulemaking, the Department has provided IRRC and the Committees with a copy of a Regulatory Analysis Form prepared by the Department. A copy of this form is available to the public upon request.
Findings
The Department finds that:
(1) Notice of proposed rulemaking is omitted in accordance with section 204(3) of the CDL, 1 Pa. Code § 7.4(3) and section 6(d) of the Regulatory Review Act because notice of proposed rulemaking is, under the circumstances, impracticable and contrary to the public interest.
(2) The adoption of this final-omitted rulemaking in the manner provided by this order is necessary and appropriate for the administration and enforcement of Act 81.
(3) Adoption by this final-omitted rulemaking is necessary to ameliorate an emergency condition that threatens the public health.
Order
The Department, acting under section 1752-A of The Fiscal Code and section 403(b) of the Public Welfare Code orders that:
(a) The regulations of the Department, 55 Pa. Code Chapter 601, are amended by adding §§ 601.151 and 601.152 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Offices of General Counsel and Attorney General for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify and deposit this order and Annex A with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ESTELLE B. RICHMAN,
SecretaryFiscal Note: 14-503. (1) General Fund; (2) Implementing Year 2004-05 is up to $19.3 million; (3) 1st Succeeding Year 2005-06 is $0; 2nd Succeeding Year 2006-07 is $0; 3rd Succeeding Year 2007-08 is $0; 4th Succeeding Year 2008-09 is $0; 5th Succeeding Year 2009-10 is $0; (4) 2003-04 Program--N/A; 2002-03 Program--N/A; 2001-02 Program--N/A; (7) Transfer to State Emergency Energy Assistance Fund; (8) recommends adoption. Act 81 authorizes a one-time transfer of an amount up to 1 mill of the Gross Receipts Tax from the General Fund to the new State Emergency Energy Assistance Fund. The maximum estimated revenue loss to the General Fund due to this transfer is the $19.3 million previously listed.
Declaration of Emergency Threat to Public Health Whereas, Due to recent natural disasters that have occurred in various parts of the country, the cost of home heating fuel and natural gas has been rising, and will continue to rise sharply; and
Whereas, the rise in the cost of home heating fuel and natural gas is having, and will continue to have, a huge impact on low-income Commonwealth residents; and
Whereas, the inability of low-income Commonwealth residents to pay for home heating fuel and natural gas in the coming winter months is a threat to their health.
Now Therefore, pursuant to the provisions of Subsection 7301(c) of the Emergency Management Services Code (35 Pa.C.S. Section 7101 et seq.) and Subarticle F, Section 1752-A of the Fiscal Code (Act No. 81 of 2005), I do hereby declare that high energy prices caused by weather conditions constitute an emergency threat to public health within this Commonwealth and that available federal home energy assistance funds are not sufficient to meet the needs of residents.
Further, I hereby direct and authorize the Secretary of Public Welfare to administer state funds from the Energy Emergency Assistance Fund available to those in need in a manner consistent with the criteria under the Low Income Home Energy Assistance Program (55 Pa. Code 601 et seq.) and the regulatory changes published concurrently with this declaration.
Given under my hand and the Seal of the Governor, at in the City of Harrisburg, on this ninth day of January in the year of our Lord two thousand and six, and of the Commonwealth the two hundred and thirtieth.
Governor
Annex A TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart M. HOME ENERGY ASSISTANCE
CHAPTER 601. LOW INCOME ENERGY ASSISTANCE PROGRAM
Subchapter A. FEDERAL LOW INCOME HOME ENERGY ASSISTANCE PROGRAM* * * * *
Subchapter B. STATE EMERGENCY ENERGY ASSISTANCE FUND Sec.
601.151. Eligibility criteria. 601.152. Sunset date. § 601.151. Eligibility criteria.
Eligibility criteria and benefits for the State Emergency Energy Assistance Fund shall be as set forth in the Commonwealth's Federal Fiscal Year 2006 LIHEAP State Plan and Subchapter A (relating to Federal Low Income Home Energy Assistance Program).
§ 601.152. Sunset date.
This subchapter will sunset on June 30, 2006.
______1Notice of the availability of the LIHEAP State Plan for FFY 2006 was published at 35 Pa.B. 5053 (September 10, 2005). Copies of the State Plan are available to the public upon request. The State Plan is available on the Department's website at www.dpw.state.pa.us/LowInc/HeatAssistance/003671219.htm.
[Pa.B. Doc. No. 06-90. Filed for public inspection January 20, 2006, 9:00 a.m.]
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