216A.103 - IOWA AFFORDABLE HEATING PROGRAM ESTABLISHED.

        216A.103  IOWA AFFORDABLE HEATING PROGRAM
      ESTABLISHED.
         1.  The division shall establish an Iowa affordable heating
      program for the purpose of assisting low-income persons in paying for
      primary heating fuel costs.
         2.  In order to be eligible for participation in the Iowa
      affordable heating program, an applicant must meet all of the
      following requirements:
         a.  Meet the income guidelines established pursuant to the
      federal low-income home energy assistance program, with income at or
      below one hundred ten percent of the federal poverty income
      guidelines established by the office of management and budget.  The
      division may adjust the income threshold by rule as necessitated by
      budgetary restrictions.
         b.  Participate in annual level payment plans for both gas and
      electric services if such plans are available to the participant.
      The division shall develop an alternative plan for participants whose
      energy providers do not provide such plans.
         c.  Participate in the weatherization assistance program, if
      eligible.
         d.  Have insufficient finances, as determined by rule, which
      prohibit the payment of the entire cost of the heating of the
      applicant's home.
         e.  Submit to the administering agency within thirty days of
      application for participation in the program third-party verification
      of all of the following:
         (1)  The gross income of all of the members of the applicant's
      household in accordance with the rules adopted for the low-income
      home energy assistance program.
         (2)  The applicant's unreimbursed medical expenses for the time
      period corresponding to that used for the income calculation with
      proof of personal responsibility for these expenses.
         f.  Participate in counseling, provided by the administering
      agency, regarding energy efficiency.
         3.  In determination of the amount of the affordable heating
      payment for which the participant is eligible, the following formula
      shall be used:
         a.  An annual adjusted income amount shall be calculated.
         (1)  To be eligible, an applicant must also apply and be eligible
      for participation in the low-income home energy assistance program.
      A participant's income shall be determined as the amount verified on
      a low-income home energy assistance program application.
         (2)  A participant's adjusted income shall be determined by
      subtracting from the verified income, the actual costs incurred for
      each of the following:
         (a)  Annual rental or mortgage payments, real estate taxes, and
      real estate insurance payments not to exceed a maximum established by
      division rule based on the statewide low-income housing cost average.

         (b)  Annual unreimbursed medical expenses, not to exceed two
      thousand four hundred dollars.
         (c)  Annual child support and alimony payments.
         (d)  The annual costs of water, basic local telephone, and
      nonheating electric services as defined by division rule.
         (e)  Annual child care costs incurred by a participant due to
      employment or participation in an academic or job-training program.
         b.  A predicted heating cost shall be calculated.
         (1)  When applicable, the predicted heating costs shall be the
      annual total calculated under section 216A.103, subsection 2,
      paragraph "b", for level payment plans.
         (2)  Where subsection 3, paragraph "b", subparagraph (1) does
      not apply, the predicted heating cost shall be based upon, but is not
      limited to, primary heating fuel usage incurred during the
      twelve-month period immediately preceding application, first adjusted
      for weather and then adjusted for rate changes occurring during the
      twelve-month period immediately preceding application.
         c.  Following the calculation of the participant's adjusted
      income and predicted heating cost, the participant's adjusted heating
      cost shall be calculated by:
         (1)  Adding the predicted heating cost figure to any scheduled
      repayment of an arrearage which has been negotiated between the
      participant and the primary heating fuel provider.  The arrearage
      shall not exceed three hundred dollars annually.  Any remaining
      arrearage shall be considered in subsequent years.
         (2)  Subtracting from the figure determined under paragraph
      "b" the federal low-income home energy assistance program grant,
      if a grant is received.
         d.  The division shall promulgate rules to establish a
      standard percentage not to exceed twenty-five percent of household
      heating costs to adjusted income, taking into consideration household
      family size.  For each participant, the administering agency shall
      determine the percentage of adjusted heating cost to adjusted income.
      If the participant's percentage exceeds the standard percentage, an
      affordable heating payment shall be made as prescribed by rule.  The
      payment shall be made to the participant's primary heating fuel
      provider and credited to the participant's heating account for the
      year in which the participant is eligible.
         (1)  When offered by the primary heating fuel provider, the
      provider shall calculate or recalculate the participant's annual
      level payment plan after all forms of assistance are credited.  A
      monthly level payment shall be established.  However, each level
      payment shall not be less than a monthly minimum as established by
      division rule.
         (2)  Reconciliation shall occur as prescribed in the rules of the
      Iowa utilities board or, at a minimum, annually, for unregulated
      heating fuel providers.
         4.  A participant in the Iowa affordable heating program who
      maintains the monthly level payment shall be protected from
      disconnection of service by the participant's primary heating fuel
      provider.
         5.  The administrator shall adopt rules pursuant to chapter 17A
      which establish the criteria under which a participant in the Iowa
      affordable heating program would be determined ineligible for
      continued participation in the program.  The criteria shall include
      but are not limited to a requirement that the participant maintains
      the monthly level payment in order to maintain eligibility in the
      program.
         6.  Any moneys appropriated for the Iowa affordable heating
      program which are not expended by April 30 of each fiscal year shall
      be used to fund the low-income energy assistance program.  
         Section History: Recent Form
         90 Acts, ch 1242, §7; 90 Acts, ch 1246, §1
         C91, § 601K.103
         92 Acts, ch 1087, §1--8
         C93, § 216A.103