THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TOMLINSON, ERICKSON, PIPPY, BOSCOLA, RAFFERTY, TARTAGLIONE, BROWNE, COSTA, WILLIAMS, STACK, BREWSTER, SOLOBAY AND FONTANA, JANUARY 28, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 28, 2011  

AN ACT

Providing for home energy assistance to certain persons through

payment of matching funds to the hardship funds of certain

home energy providers and for powers and duties of the

Department of Public Welfare.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Home Energy

Assistance Act.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  The Federal Government recognized the importance of

aiding low-income families with heating their homes when it

created the Low-Income Home Energy Assistance Program in

1981.

(2)  Other states have recognized the need to supplement

these Federal funds for home energy assistance with state

funds.

(3)  The Commonwealth recognizes the importance of

allocating State funds to aid families struggling with

heating costs that do not fall within the guidelines of the

Federal program.

(4)  Heating oil and propane gas companies and public

utilities that provide electricity and natural gas also

recognize the need to contribute funds for home energy

assistance by their establishment of hardship funds.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Average monthly degree day."  The average daily temperature

for a given month.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Eligible ratepayer."  A ratepayer whose payment to a home

energy provider for service is delinquent or has otherwise

extenuating circumstances and whose income falls between 151%

and 200% of the Federal poverty guidelines as reported by the

United States Department of Health and Human Services.

"Hardship fund."  Funds established by a home energy provider

to provide cash assistance to those ratepayers who have

exhausted all other resources for payment of electricity,

heating oil, natural gas or propane gas bills.

"Heating season."  The months of November, December, January,

February and March, consecutively.

"Home energy provider."  A heating oil or propane gas company

or a public utility that provides electricity or natural gas to

ratepayers in this Commonwealth.

"Ratepayer."  A person in whose name a residential service

account is listed with a home energy provider and who is

primarily responsible for payment of a bill rendered for

service.

Section 4.  Matching funds.

(a)  Commonwealth share.--The department shall provide

matching funds based upon the amount contributed by the

stockholders, employees and ratepayers of home energy providers

to their hardship funds as contained in the most recent data

reported to the Pennsylvania Public Utility Commission or

obtained otherwise.

(b)  Distribution.--The department shall only distribute

matching funds when the Statewide average monthly degree days in

a heating season are 10% colder than the Statewide average

monthly degree days for a heating season for the previous ten

years as reported by the National Weather Service or obtained

otherwise.

Section 5.  Application procedure.

(a)  Time for filing.--A home energy provider may apply for

matching funds and must notify the department of its intent to

do so during the period of January 1 to February 1.

(b)  Contents of application.--The application shall be in

such form as prescribed by the department and shall contain:

(1)  The amount to be credited to the home energy

provider into its hardship fund.

(2)  Identification of a nonprofit entity that has agreed

to evaluate the financial condition of ratepayers, with their

consent, in order to assist the home energy provider with its

determination of whether the ratepayers should receive credit

through the hardship fund.

(3)  Such other information as required by the

department.

Section 6.  Distribution.

Moneys appropriated to the department for purposes of section

4 shall, upon certification by the department of qualified funds

in a home energy provider's hardship fund, remit the matching

funds to the home energy provider no later than April 1.

Section 7.  Rules and regulations.

The department may promulgate any rules and regulations it

determines necessary for the administration of this act.

Section 20.  Effective date.

This act shall take effect in 60 days.