Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-1 - Definitions

Current through 2024-29, July 17, 2024
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.