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PRINTER'S NO. 1476
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1080
Session of
2015
INTRODUCED BY BREWSTER, SABATINA, TEPLITZ AND FONTANA,
DECEMBER 17, 2015
REFERRED TO PUBLIC HEALTH AND WELFARE, DECEMBER 17, 2015
AN ACT
Establishing the Pennsylvania Low-Income Water and Wastewater
Assistance Program and the Pennsylvania Low-Income Water and
Wastewater Assistance Fund; and conferring powers and
imposing duties on the Department of Human Services and the
Auditor General relative to the administration of the
program.
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 Pennsylvania
Low-Income Water and Wastewater Assistance Act.
Section 2. 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:
"Community sewage system." The term as defined in section 2
of the act of January 24, 1966 (1965 P.L.1535, No.537), known as
the Pennsylvania Sewage Facilities Act.
"Department." The Department of Human Services of the
Commonwealth.
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"Fund." The Pennsylvania Low-Income Water and Wastewater
Assistance Fund established under this act.
"Household." An individual or group of individuals who are
living together as one economic unit and whose water or
wastewater services are customarily purchased in common or who
make undesignated payments for water or wastewater services as
part of a rental payment. A roomer and boarder who is related to
a member of the applicant household is considered to be a member
of the household.
"Program." The Pennsylvania Low-Income Water and Wastewater
Assistance Program established under this act.
"Supplier of water." The term as defined in section 3 of the
act of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania
Safe Drinking Water Act.
"Water or wastewater service." The provision of water
service by a water supplier or the provision of wastewater
service by an owner or operator of a community sewage system.
Section 3. Pennsylvania Low-Income Water and Wastewater
Assistance Program.
(a) Establishment.--There is established the Pennsylvania
Low-Income Water and Wastewater Assistance Program to provide
assistance to low-income households that are at risk of having
water supply discontinued due to unpaid water or wastewater
bills.
(b) Eligibility.--Households applying for benefits under the
program shall meet the following eligibility requirements:
(1) The household members must have an annual income at
or below 100% of the Federal poverty guidelines.
(2) The household must receive one of the following:
(i) A water bill from a supplier of water.
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(ii) A wastewater bill from the owner or operator of
a community sewage system.
(iii) A bill that is a combination of subparagraphs
(i) and (ii).
(c) Assistance payments.--The program shall provide for the
following:
(1) The amount of assistance based on the level of
household income may not:
(i) Exceed a maximum amount of $500 per assistance
payment.
(ii) Be less than a minimum amount of $100 per
assistance payment.
(2) A limit on the number of payments as follows:
(i) Except as provided in subparagraph (ii), the
assistance provided under this program may not exceed one
payment during a program year.
(ii) If excess money is available in the fund, the
department may issue one supplemental assistance payment
for the program year not to exceed a maximum amount of
$250.
(3) The program shall provide the highest level of
assistance to those households that have the lowest incomes
per household member.
(4) The department shall send an assistance payment or a
supplemental assistance payment directly to the supplier of
water or the owner or operator of a community sewage system
that is owed payment from a participating household.
(5) The department shall provide a participating
household a statement of the amount of the assistance payment
or the supplemental assistance payment provided.
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Section 4. Powers and duties of the department.
(a) Administration.--The program shall be administered by
the department.
(b) Departmental duties.--The department shall comply with
the following:
(1) Establish procedures to assure that a water supplier
or owner or operator of a community sewage system will:
(i) charge a participating household in the normal
billing process the difference between the actual cost of
the water or wastewater service and the payment made
under this act; and
(ii) agree to not discriminate against a
participating household.
(2) To the extent permitted by Federal law, coordinate
with other low-income assistance programs administered by the
Federal Government and the Commonwealth.
(3) To the extent permitted by Federal law, coordinate
with other outreach activities for low-income households to
assure that eligible households, especially households with
elderly individuals or individuals with a disability, or
both, are made aware of the availability of assistance under
this act.
(4) Promulgate rules and regulations necessary to
administer this program.
(5) Provide the General Assembly with an annual report
that includes an independent audit, not later than September
30 of each year, covering all expenditures made in
administering the program and any detailed recommendations
for remedial changes in the program that will further the
purposes of this act.
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(6) No later than six months after the effective date of
this section and every six months thereafter until this act
is fully implemented, provide a report to all of the
following officers:
(i) The Governor.
(ii) The chairperson and the minority chairperson of
the Public Health and Welfare Committee of the Senate.
(iii) The chairperson and the minority chairperson
of the Human Services Committee of the House of
Representatives.
(iv) The Inspector General.
(7) The report under paragraph (6) shall detail the
progress of the implementation of this act, including, but
not limited to, the following information:
(i) The cause of any delay in the full
implementation of this act.
(ii) Any technical impediments to the full
implementation of this act.
(c) Delegation of departmental duties.--The department may
designate county assistance offices or nonprofit agencies to
carry out the purposes of this act.
Section 5. Verification of eligibility.
The department shall verify the income eligibility of
recipients receiving water and wastewater assistance through the
program in accordance with the verification procedures in
sections 432.19 and 432.23 of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code, unless otherwise
prohibited by Federal law.
Section 6. Establishment of Pennsylvania Low-Income Water and
Wastewater Assistance Fund.
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There is established the Pennsylvania Low-Income Water and
Wastewater Assistance Fund in the State Treasury for the sole
purpose of implementing the provisions of this act. The Treasury
Department shall credit to the fund interest earned by
investment of money in the fund. Money in the fund shall not
lapse to the General Fund at the end of a fiscal year. If money
in the fund is insufficient to pay all participating households,
the payments under this act shall be made on a pro rata
basis. No money may be expended from this fund except by annual
appropriation by the General Assembly.
Section 7. Powers and duties of Auditor General.
(a) Timing of performance audit.--The Auditor General shall
conduct and complete a performance audit of the program within
five years of the effective date of this section. Thereafter,
the Auditor General shall conduct performance audits at
intervals of not greater than five years from the date of
completing the immediately preceding performance audit. The
department and individuals administering the program shall make
available for the inspection of the Auditor General all records,
documents and other information that reasonably relate to the
conduct of the performance audit prescribed in this section.
(b) Content of performance audit.--The audit shall address
in detail the adequacy of the performance with respect to each
of the administrative and regulatory activities. The audit shall
make detailed recommendations to the Governor, the General
Assembly and the department for remedial and regulatory changes
in the program that will further the purposes of this act.
(c) Distribution of performance audit.--A copy of each
performance audit shall be transmitted to all of the following:
(1) The Governor.
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(2) The chairperson and minority chairperson of the
Appropriations Committee of the Senate and the chairperson
and minority chairperson of the Appropriations Committee of
the House of Representatives.
(3) The chairperson and minority chairperson of the
Public Health and Welfare Committee of the Senate and the
chairperson and minority chairperson of the Human Services
Committee of the House of Representatives.
(4) The Attorney General.
(5) The Office of Inspector General.
(6) The department.
A copy of the performance audit shall be published as a notice
in the Pennsylvania Bulletin.
(d) Fraud reporting.--The Auditor General shall transmit
information uncovered during the conduct of the performance
audit relating to fraud to the Attorney General, the Office of
Inspector General and the department.
Section 8. Administrative costs.
No more than 5% of the annual appropriation for the program
may be used for administrative costs.
Section 9. Effective date.
This act shall take effect in 30 days.
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