CSHB 308(CRA): "An Act establishing a state heating assistance program in addition to the federal heating assistance program."
00 CS FOR HOUSE BILL NO. 308(CRA) 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. Powers and duties. (a) 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 (b) The department may develop a regional Alaska heating assistance program 08 for the administration of AS 47.25.621 - 47.25.625 to provide home heating assistance 09 in a uniform and cost-effective manner in a region of this state if an Alaska Native 10 organization is authorized to implement a federally approved tribal family assistance 11 plan that includes that region and has been awarded an Alaska Native family 12 assistance grant for a program that includes that region for the applicable fiscal year 13 under AS 47.27.200. 14 (c) The department may award contracts to implement a program developed 15 under (b) of this section. A contract authorized for delivery of home heating assistance 16 under a regional Alaska heating assistance program under (b) - (g) of this section is 17 exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). 18 Subject to appropriation, a contract under this section must be in an amount that 19 represents a fair and equitable share of the money appropriated for the Alaska heating 20 assistance program under AS 47.25.621 - 47.25.625 to serve the state residents 21 specified in (b) of this section. The authority provided under (b) - (g) of this section to 22 contract is in addition to the authority to contract in AS 47.05.015 or other law. 23 (d) The department may award a contract under this section only to an 24 organization that 25 (1) has been awarded an Alaska Native family assistance grant under 26 AS 47.27.200 for a program that includes that region; 27 (2) agrees to administer home heating assistance under AS 47.25.621 - 28 47.25.625 to state residents in the region; and 29 (3) agrees to implement an appeals process as described in (f) of this 30 section. 31 (e) Records pertaining to recipients of home heating assistance under a
01 contract awarded under (b) - (g) of this section have the same confidential protections 02 as are provided to recipients of assistance from Alaska Native family assistance grants 03 under AS 47.27.200. 04 (f) Notwithstanding AS 47.25.624, an organization that receives a contract 05 under (b) - (g) of this section shall provide an appeals process to applicants for or 06 recipients of home heating assistance covered by the contract awarded under (b) - (g) 07 of this section. The appeals process must be the same as the method available under 08 AS 47.25.624, except that the decision reached shall be considered a recommended 09 decision to the department. Within 30 days after receiving a recommended decision, 10 the department shall review the recommended decision and issue a decision accepting 11 or rejecting the recommended decision. If the department rejects the recommended 12 decision, the department shall independently review the record and issue its final 13 decision. The final decision of the department on the matter is appealable to the courts 14 of this state. 15 (g) If the department establishes a regional Alaska heating assistance program 16 and awards a contract to provide home heating assistance under (b) - (g) of this 17 section, a person applying for home heating assistance under AS 47.25.621 - 18 47.25.625 in the region of the state covered by the regional home heating assistance 19 program may obtain home heating assistance from the department only through the 20 organization designated by the department to serve the region. 21 Sec. 47.25.623. Eligibility. An individual is eligible for home heating 22 assistance payments under the Alaska home heating assistance program if the 23 individual 24 (1) is a resident of the state; 25 (2) is physically present and resides in a home in the state when the 26 home heating costs are incurred; 27 (3) has gross household income above 150 percent but that does not 28 exceed 175 percent of the federal poverty guideline for Alaska set by the United States 29 Department of Health and Human Services and revised under AS 42 U.S.C. 9902(2); 30 (4) meets other eligibility requirements specified in regulations 31 adopted under AS 47.25.622.
01 Sec. 47.25.624. Appeal rights. Except as provided in AS 47.25.622(f), an 02 individual who receives a determination from the department that denies, limits, or 03 modifies home heating payments under AS 47.25.621 - 47.25.625, other than a 04 determination based on insufficient funding of the program, may request a hearing 05 before the department under regulations adopted by the department. 06 Sec. 47.25.625. Ability to recover or recoup improper home heating 07 assistance payments. An individual is liable to the department for the value of 08 assistance improperly paid under AS 47.25.623 if the improper payment was based on 09 inaccurate or incomplete information provided by the individual. In a civil action 10 brought by the state to recover from the individual the value of the assistance 11 improperly paid, the state may recover from the individual the costs of investigation 12 and prosecution of the civil action, including attorney fees as determined under court 13 rules.