HB 308: "An Act establishing a state heating assistance program in addition to the federal heating assistance program."
00 HOUSE BILL NO. 308 01 "An Act establishing a state heating assistance program in addition to the federal 02 heating assistance program." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47 is amended by adding new sections to read: 05 Article 3A. Alaska Heating Assistance Program. 06 Sec. 47.25.621. Alaska heating assistance program. (a) The Alaska heating 07 assistance program is established in the Department of Health and Social Services to 08 provide expanded eligibility for Alaska residents for home heating assistance, to the 09 extent funds are appropriated by the legislature for that purpose. 10 (b) The heating assistance program established under this section is in addition 11 to the federal low-income heating and energy assistance provided under 42 U.S.C. 12 8621 - 8629 (Low-Income Home Energy Assistance Act of 1981), as amended, and 13 implementing regulations. 14 Sec. 47.25.622. Duties. The department shall
01 (1) administer the Alaska heating assistance program provided under 02 AS 47.25.621; 03 (2) adopt regulations under AS 44.62 (Administrative Procedure Act) 04 to carry out the purpose of the program; 05 (3) coordinate payments among other heating assistance programs to 06 avoid duplication of payments. 07 Sec. 47.25.623. Eligibility. An individual is eligible for home heating 08 assistance payments under the Alaska home heating assistance program if the 09 individual 10 (1) is a resident of the state; 11 (2) is physically present and resides in a home in the state when the 12 home heating costs are incurred; 13 (3) has gross household income above 150 percent but that does not 14 exceed 175 percent of the federal poverty guideline for Alaska set by the United States 15 Department of Health and Human Services and revised under AS 42 U.S.C. 9902(2); 16 (4) meets other eligibility requirements specified in regulations 17 adopted under AS 47.25.622. 18 Sec. 47.25.624. Appeal rights. An individual who receives a determination 19 from the department that denies, limits, or modifies home heating payments under 20 AS 47.25.621 - 47.25.625, other than a determination based on insufficient funding of 21 the program, may request a hearing before the department under regulations adopted 22 by the department. 23 Sec. 47.25.625. Ability to recover or recoup improper home heating 24 assistance payments. An individual is liable to the department for the value of 25 assistance improperly paid under AS 47.25.623 if the improper payment was based on 26 inaccurate or incomplete information provided by the individual. In a civil action 27 brought by the state to recover from the individual the value of the assistance 28 improperly paid, the state may recover from the individual the costs of investigation 29 and prosecution of the civil action, including attorney fees as determined under court 30 rules.