PRIOR PRINTER'S NO. 649 PRINTER'S NO. 1173
No. 586 Session of 1987
INTRODUCED BY MUSTO, AFFLERBACH, STAUFFER, STAPLETON, O'PAKE,
HELFRICK, SALVATORE, REIBMAN, ANDREZESKI, JONES, RHOADES AND
LEMMOND, MARCH 16, 1987
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 22, 1987
AN ACT
1 Amending the act of July 10, 1986 (P.L.1398, No.122), entitled
2 "An act establishing a special fund for moneys received by
3 the Commonwealth from resolution of oil overcharge matters;
4 designating certain low-income energy conservation and
5 assistance programs for funding from this special fund; and
6 making appropriations," further expanding the definition of
7 "energy conservation and assistance programs"; and making
8 adjustments to the duration of the programs.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definition of "energy conservation and
12 assistance programs" in section 3 and section SECTIONS 5 AND <--
13 7(a) of the act of July 10, 1986 (P.L.1398, No.122), known as
14 the Energy Conservation and Assistance Act, are amended to read:
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Energy conservation and assistance programs." Includes any
1 of the following:
2 (1) The programs established under Part D of Title III
3 of the Energy Policy and Conservation Act (Public Law 94-163,
4 42 U.S.C. § 6321 et seq.), providing for state energy
5 conservation programs.
6 (2) The programs established under Part G of Title III
7 of the Energy Policy and Conservation Act, providing for
8 energy conservation investments in schools and hospitals.
9 (3) The programs established under the National Energy
10 Extension Service Act (Public Law 95-39, 42 U.S.C. § 7001 et
11 seq.), providing for, inter alia, energy conservation
12 outreach programs to small businesses and individual
13 consumers.
14 (4) The programs established under the Low-Income Home
15 Energy Assistance Act of 1981 (Public Law 97-35, 42 U.S.C. §
16 8621 et seq.), providing for energy assistance and
17 weatherization assistance to low-income households.
18 (5) The programs established by the Governor's Energy <--
19 Council which promote energy conservation and energy
20 development, in compliance with the terms and conditions of
21 the orders resolving the oil overcharge matters.
22 * * *
23 (5) THE PROGRAMS ESTABLISHED UNDER PART A OF THE ENERGY <--
24 CONSERVATION IN EXISTING BUILDINGS ACT OF 1976 (PUBLIC LAW
25 94-385, 42 U.S.C. § 6851 ET SEQ.), ESTABLISHING THE LOW
26 INCOME WEATHERIZATION PROGRAM.
27 (6) THE PROGRAMS ESTABLISHED BY THE GOVERNOR'S ENERGY
28 COUNCIL WHICH PROMOTE ENERGY CONSERVATION AND ENERGY
29 DEVELOPMENT, IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF
30 OIL OVERCHARGE SETTLEMENT AGREEMENTS, OIL OVERCHARGE ORDERS
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1 ISSUED BY THE COURTS OR THE DEPARTMENT OF ENERGY, OR FUND
2 DISTRIBUTION REQUIREMENTS OF THE DEPARTMENT OF ENERGY.
3 * * *
4 SECTION 5. SUPPLEMENTAL LOW-INCOME ENERGY CONSERVATION AND
5 ASSISTANCE PROGRAMS.
6 (A) ESTABLISHMENT OF PROGRAMS.--THE FOLLOWING SUPPLEMENTAL
7 LOW-INCOME ENERGY CONSERVATION AND ASSISTANCE PROGRAMS ARE
8 HEREBY ESTABLISHED:
9 (1) PENNSYLVANIA SUPPLEMENTAL LOW-INCOME WEATHERIZATION
10 PROGRAM. THIS PROGRAM SHALL SUPPLEMENT THE PROGRAMS SET FORTH
11 IN [PARAGRAPH (4)] PARAGRAPHS (4) OR (5) OF THE DEFINITION OF
12 "ENERGY CONSERVATION AND ASSISTANCE PROGRAMS" IN SECTION 3.
13 (2) PENNSYLVANIA SUPPLEMENTAL LOW-INCOME ENERGY
14 ASSISTANCE PROGRAM. THIS PROGRAM SHALL SUPPLEMENT THE
15 PROGRAMS SET FORTH IN PARAGRAPH (4) OF THE DEFINITION OF
16 "ENERGY CONSERVATION AND ASSISTANCE PROGRAMS" IN SECTION 3.
17 (B) ELIGIBILITY REQUIREMENTS.--HOUSEHOLDS APPLYING FOR
18 BENEFITS UNDER THE PROGRAMS ESTABLISHED IN SUBSECTION (A) SHALL
19 MEET THE FOLLOWING ELIGIBILITY REQUIREMENTS:
20 (1) HOUSEHOLDS TO BE ELIGIBLE WILL BE THOSE DWELLING
21 UNITS WHICH ARE OCCUPIED BY PERSONS WITH ANNUAL INCOME AT OR
22 BELOW 150% OF THE FEDERAL POVERTY GUIDELINES OR CONTAIN A
23 MEMBER WHO HAS, DURING THE PAST 12 MONTHS, RECEIVED CASH
24 ASSISTANCE UNDER TITLE IV OR XVI OF THE SOCIAL SECURITY ACT
25 (PUBLIC LAW 74-271, 42 U.S.C. §§ 601-662) AND SECTION
26 2605(B)(2) OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981
27 (PUBLIC LAW 97-35, 95 STAT. 357).
28 (2) IN ADDITION TO THE INCOME ELIGIBILITY REQUIREMENTS
29 SPECIFIED IN PARAGRAPH (1), HOUSEHOLDS APPLYING FOR BENEFITS
30 UNDER THIS ACT SHALL MEET THE ELIGIBILITY REQUIREMENTS FOR
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1 ENERGY ASSISTANCE AS PROVIDED FOR BY THE OMNIBUS BUDGET
2 RECONCILIATION ACT OF 1981, PURSUANT TO THE AUTHORITY OF
3 SECTION 201(2) OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21),
4 KNOWN AS THE PUBLIC WELFARE CODE.
5 (C) ADMINISTRATION OF PROGRAMS.--THE PROGRAMS ESTABLISHED IN
6 SUBSECTION (A) SHALL BE ADMINISTERED AS FOLLOWS:
7 (1) THE PENNSYLVANIA SUPPLEMENTAL LOW-INCOME
8 WEATHERIZATION PROGRAM ESTABLISHED IN SUBSECTION (A)(1) SHALL
9 BE ADMINISTERED BY THE DEPARTMENT OF COMMUNITY AFFAIRS AS A
10 PART OF THE PROGRAMS AUTHORIZED UNDER THE LOW-INCOME HOME
11 ENERGY ASSISTANCE ACT OF 1981 (PUBLIC LAW 97-35, 42 U.S.C. §
12 8621 ET SEQ.) OR THE ENERGY CONSERVATION IN EXISTING
13 BUILDINGS ACT OF 1976 (PUBLIC LAW 94-385, 42 U.S.C. § 6851 ET
14 SEQ.). COMMUNITY ACTION AGENCIES, EXISTING LOW-INCOME
15 WEATHERIZATION PROVIDERS OR OTHER COUNTY, MUNICIPAL OR
16 NONPROFIT CORPORATIONS MAY APPLY FOR A PORTION OF THESE
17 FUNDS. THE DEPARTMENT OF COMMUNITY AFFAIRS SHALL ESTABLISH
18 REGULATIONS NECESSARY FOR ADMINISTERING THIS PROGRAM
19 CONSISTENT WITH THE REQUIREMENTS OF SECTION 6.
20 (2) (I) THE PENNSYLVANIA SUPPLEMENTAL LOW-INCOME ENERGY
21 ASSISTANCE PROGRAM ESTABLISHED IN SUBSECTION (A)(2) SHALL
22 BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WELFARE AS
23 PART OF THE PROGRAM AUTHORIZED UNDER THE LOW-INCOME HOME
24 ENERGY ASSISTANCE ACT OF 1981. THE DEPARTMENT OF PUBLIC
25 WELFARE SHALL ESTABLISH REGULATIONS NECESSARY FOR
26 ADMINISTERING THIS PROGRAM.
27 (II) THE DEPARTMENT OF PUBLIC WELFARE SHALL PROVIDE
28 THE GENERAL ASSEMBLY WITH AN ANNUAL REPORT, WHICH SHALL
29 INCLUDE AN INDEPENDENT AUDIT, NOT LATER THAN SEPTEMBER 30
30 OF EACH YEAR, COVERING ALL EXPENDITURES MADE IN
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1 ADMINISTERING THIS PROGRAM.
2 Section 7. Administration of certain energy conservation and
3 assistance programs.
4 (a) Governor's Energy Council.--The energy conservation and
5 assistance programs set forth in paragraphs (1), (2) [and (3)],
6 (3) and (5) of the definition of "energy conservation and
7 assistance programs" in section 3 shall be administered by the
8 Governor's Energy Council. The council shall establish
9 regulations necessary for administering these programs.
10 * * *
11 Section 2. Section 9(c) and (d) of the act, amended December
12 12, 1986 (P.L.1583, No.173), are amended to read:
13 Section 9. Appropriations.
14 * * *
15 (c) Governor's Energy Council.--The sum of $5,000,000, or as
16 much thereof as may be necessary, is hereby appropriated to the
17 Governor's Energy Council for the fiscal [year] period July 1,
18 1986, to June 30, [1987] 1988, for the programs set forth in
19 section 7. At least 75% of these funds must be used to fund
20 those programs listed as priorities in section 7(b).
21 * * *
22 (d) Lapse.--Except as provided in [subsection] subsections
23 (c) and (c.1), any funds unexpended, uncommitted and
24 unencumbered as of June 30, 1987, shall lapse and shall be
25 available for appropriation from the fund for future fiscal
26 years.
27 Section 3. This act shall take effect immediately.
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