2006 Code of Virginia § 63.2-805 - Home Energy Assistance Program; report; survey

63.2-805. Home Energy Assistance Program; report; survey.

A. The General Assembly declares that it is the policy of this Commonwealthto support the efforts of public agencies, private utility service providers,and charitable and community groups seeking to assist low-income Virginiansin meeting their residential energy needs. To this end, the Department isdesignated as the state agency responsible for coordinating state efforts inthis regard.

B. There is hereby created in the state treasury a special nonreverting fundto be known as the Home Energy Assistance Fund, hereinafter the "Fund."Moneys in the Fund shall be used to:

1. Supplement the assistance provided through the Department's administrationof the federal Low-Income Home Energy Assistance Program Block Grant; and

2. Assist the Commonwealth in maximizing the amount of federal fundsavailable under the Low-Income Home Energy Assistance Program and theWeatherization Assistance Program by providing funds to comply with fund -matching requirements, and by means of leveraging in accordance with therules set by the Home Energy Assistance Program.

The Fund shall be established on the books of the Comptroller. The Fund shallconsist of donations and contributions to the Fund and such moneys as shallbe appropriated by the General Assembly. Interest earned on money in the Fundshall remain in the Fund and be credited to it. Any moneys remaining in theFund, including interest thereon, at the end of each fiscal year shall notrevert to the general fund but shall remain in the Fund. Moneys in the Fundshall be used solely for the purposes set forth in this section. The StateTreasurer shall make expenditures and disbursements from the Fund on warrantsissued by the Comptroller upon written request signed by the Commissioner. Upto twelve percent of the Fund may be used to pay the Department's expenses inadministering the Home Energy Assistance Program.

C. The Department shall establish and operate the Home Energy AssistanceProgram. In administering the Home Energy Assistance Program, it shall be theresponsibility of the Department to:

1. Administer distributions from the Fund;

2. Lead and facilitate meetings with the Department of Housing and CommunityDevelopment, the Department of Mines, Minerals and Energy, and other agenciesof the Commonwealth, as well as any nonstate programs that elect toparticipate in the Home Energy Assistance Program, for the purpose of sharinginformation directed at alleviating the seasonal energy needs of low-incomeVirginians, including needs for weatherization assistance services;

3. Collect and analyze data regarding the amounts of energy assistanceprovided through the Department, categorized by fuel type in order toidentify the unmet need for energy assistance in the Commonwealth;

4. Develop and maintain a statewide list of available private andgovernmental resources for low-income Virginians in need of energyassistance; and

5. Report annually to the Governor and the General Assembly on or beforeOctober 1 of each year on the effectiveness of low-income energy assistanceprograms in meeting the needs of low-income Virginians. In preparing theannual report, the Department shall:

a. Conduct a survey biennially beginning in 2002 that shall collectinformation regarding the extent to which the Commonwealth's efforts inassisting low-income Virginians are adequate and are not duplicative ofsimilar services provided by utility services providers, charitableorganizations and local governments;

b. Obtain information on energy programs in other states; and

c. Obtain necessary information from the Department of Housing and CommunityDevelopment, the Department of Mines, Minerals and Energy, and other agenciesof the Commonwealth, as well as any nonstate programs that elect toparticipate in the Home Energy Assistance Program, to complete the biennialsurvey and to compile the required annual report. The Department of Housingand Community Development, the Department of Mines, Minerals and Energy, andother agencies of the Commonwealth, as well as any nonstate programs thatelect to participate in the Home Energy Assistance Program, shall provide thenecessary information to the Department.

The Department's annual reporting requirement shall cease October 1, 2007.

The Department is authorized to assume responsibility for administering allor any portion of any private, voluntary low-income energy assistance programupon the application of the administrator thereof, on such terms as theDepartment and such administrator shall agree and in accordance withapplicable law and regulations. If the Department assumes administrativeresponsibility for administering such a voluntary program, it is authorizedto receive funds collected through such voluntary program and distribute themthrough the Fund.

D. Local departments may, to the extent that funds are available, promoteinteragency cooperation at the local level by providing technical assistance,data collection and service delivery.

E. Subject to Board regulations and to the availability of state or privatefunds for low-income households in need of energy assistance, the Departmentis authorized to:

1. Receive state and private funds for such services; and

2. Disburse funds to state agencies, and vendors of energy services, toprovide energy assistance programs for low-income households.

F. Actions of the Department relating to the review, allocation and awardingof benefits and grants shall be exempt from the provisions of Article 3 (2.2-4018 et seq.) and Article 4 ( 2.2-4024 et seq.) of Chapter 40 of theAdministrative Process Act ( 2.2-4000 et seq.).

G. No employee or former employee of the Department shall divulge anyinformation acquired by him in the performance of his duties with respect tothe income or assistance eligibility of any individual or household obtainedin the course of administering the Home Energy Assistance Program, except inaccordance with proper judicial order. The provisions of this section shallnot apply to (i) acts performed or words spoken or published in the line ofduty under law; (ii) inquiries and investigations to obtain information as tothe implementation of this chapter by a duly constituted committee of theGeneral Assembly, or when such inquiry or investigation is relevant to itsstudy, provided that any such information shall be privileged; or (iii) thepublication of statistics so classified as to prevent the identification ofany individual or household.

(2001, c. 676, 63.1-336, 63.1-337, 63.1-338, 63.1-339, 63.1-340, 63.1-341,63.1-342, 63.1-343, 63.1-339; 2002, cc. 243, 747.)