§ 2601. Policy and purpose
(a) It is the purpose of this chapter to secure the safety and health of low income Vermont
households by providing needy Vermonters with assistance for the purchase of essential
home heating fuel. To further this purpose, application acceptance, processing, and
eligibility determination should as much as is practical be coordinated with other
economic benefit programs administered by the Agency of Human Services.
(b) This chapter establishes a Home Heating Fuel Assistance Program in the Agency of Human
Services with both a seasonal fuel assistance component and a crisis component. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 2009, No. 88 (Adj. Sess.), § 1, eff. April 29, 2010.)
§ 2601a. Definitions
As used in this chapter:
(1) “Household” means any individual or group of individuals who live together as one
economic unit:
(A) for whom energy for home heating fuel is customarily purchased in common; or
(B) who make undesignated payments for energy for home heat in the form of rent.
(2) The following individuals are members of the same household based on their being legally
responsible for the financial support of the applicant or recipient or another member
of the household:
(A) an individual residing in the dwelling unit who is the husband, wife, or civil union
partner, or minor daughter or son of the applicant or recipient;
(B) an individual residing in the dwelling unit who is the parent of any minor daughter
or son included in the household; any minor daughter or son of such parent not already
included in the household; the husband, wife, or civil union partner of any minor
included in the household; or the minor daughter or son of any minor included in the
household.
(3) The following individuals shall be presumed to be members of the same household, unless
the applicant or recipient provides to the Office of Home Heating Fuel Assistance
reasonable evidence that such individuals are not members of the same household economic
unit:
(A) An individual residing in the dwelling unit who is related by blood, civil marriage,
or adoption to another resident of the dwelling unit and has not been included in
the household in accordance with the provisions of subdivision (2) of this section.
Such relationships include the relationship of the adult applicant or adult recipient
to his or her father, mother, grandmother, grandfather, adult son, adult daughter,
grandson, granddaughter, brother, sister, stepfather, stepmother, stepbrother, or
stepsister.
(B) An unrelated individual residing in the dwelling unit who does not pay reasonable
compensation to rent one or more rooms as separate living quarters, or who does not
make reasonable compensation in the form of caretaker or companionship services in
the case of an applicant or recipient who is 60 years of age or older or disabled.
(4) The following individuals shall be presumed not to be members of the same household,
provided that the applicant or recipient provides to the Office of Home Heating Fuel
Assistance reasonable evidence that such individuals meet the following standards
for exclusion from the economic unit:
(A) individuals in the custody of and placed in foster care by the Department for Children
and Families and individuals placed in a home by or through a program administered
by the Department of Health or of Disabilities, Aging, and Independent Living;
(B) individuals providing medically necessary personal care or homemaker services to a
member of the household who is 60 years of age or older or disabled. (Added 1999, No. 59, § 1, eff. June 1, 1999; amended 2005, No. 174 (Adj. Sess.), § 108; 2007, No. 172 (Adj. Sess.), § 12; 2021, No. 20, § 315.)
§ 2602. Administration
(a) The Agency of Human Services shall administer the Home Heating Fuel Assistance Program
through an Office of Home Heating Fuel Assistance to be assigned within the Agency
as determined by the Secretary and to be headed by a Director appointed by the Secretary.
(b) The Secretary of Human Services shall adopt rules, pursuant to 3 V.S.A. chapter 25,
necessary for the implementation of this chapter, or pursuant to any applicable federal
laws or regulations.
(c) The Secretary shall engage in cost-effective purchasing practices to maximize the
purchasing power of public funds used in connection with the Home Heating Fuel Assistance
Program. Such practices shall include preseason purchases of fuel, fixed price agreements,
automatic fuel delivery, and negotiations with fuel suppliers on behalf of Program
beneficiaries for additional fuel price discounts. The practices authorized by this
subsection shall be used in connection with all applicable fuels purchased by Program
beneficiaries. The Secretary shall make available to Program recipients the list of
fuel suppliers who have agreed to provide fuel discounts.
(d) [Repealed.] (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 2001, No. 63, § 129a, eff. June 16, 2001; 2005, No. 93 (Adj. Sess.), § 38, eff. March 3, 2006; 2007, No. 172 (Adj. Sess.), § 13; 2013, No. 50, § E.324.4, eff. July 2, 2013; 2013, No. 89, § 17; 2017, No. 3, § 65, eff. March 2, 2017.)
§ 2602a. Office of Home Energy Assistance
(a) There is created an Office of Home Energy Assistance to be assigned to a department
within the Agency of Human Services as designated by the Secretary and to be headed
by a Director appointed by the Secretary.
(b) The responsibilities of the Office of Home Energy Assistance shall include:
(1) administering the Low Income Home Energy Assistance Program (LIHEAP), 42 U.S.C. § 8621 et seq., and coordinating it with other related heating and weatherization programs;
(2) developing and recommending policy changes for the Secretary;
(3) coordinating home energy advocacy training and statewide outreach;
(4) monitoring related federal developments and projects in other states;
(5) exploring alternative and additional funding possibilities to LIHEAP, both private
and public;
(6) preparing a written annual report addressing the functions set forth in this chapter
as well as energy needs; caseload and funding projections; recommendations, if any,
for appropriate pilot projects; and, in coordination with the Home Energy Assistance
Task Force, recommendations to the General Assembly; and
(7) coordinating with the Vermont Housing Finance Agency and the Vermont Economic Development
Authority in establishing income, efficiency, and administrative guidelines for the
Energy Efficiency Loan Program.
(c) A Home Energy Assistance Task Force shall advise the Office of Home Energy Assistance.
The Task Force shall be composed of the Commissioner of the designated department
or the Commissioner’s designee, one member of the low-income community selected by
the Vermont Low Income Advocacy Council, Inc., one representative of elders selected
by the Community of Vermont Elders, one representative of people with disabilities
selected by the Vermont Coalition for Disability Rights, one representative of unregulated
fuel providers selected by unregulated fuel providers, one representative of electric
utilities selected by the electric utilities, one representative of gas utilities
selected by the gas utilities, one representative of the State Office of Economic
Opportunity, and one representative of the Department of Public Service. If any constituency
group cannot agree on its representative, the Secretary shall make those selections.
Members of the Task Force shall be entitled to reimbursement for reasonable travel
and meal expenses. The Task Force shall report regularly to the Director and on request
to the General Assembly for the purpose of making recommendations for improving Vermont’s
Home Energy Assistance Programs. (Added 1993, No. 182 (Adj. Sess.), § 1; amended 2007, No. 192 (Adj. Sess.), § 6.019, eff. June 7, 2008; 2013, No. 96 (Adj. Sess.), § 212; 2013, No. 131 (Adj. Sess.), § 54, eff. May 20, 2014; 2021, No. 20, § 316.)
§ 2602b. LIHEAP and weatherization
Notwithstanding section 2501 of this title, the Secretary of Human Services may transfer up to 15 percent of each federal fiscal
year’s Low Income Home Energy Assistance Program (LIHEAP) block grant to the Home
Weatherization Assistance Program to be used for weatherization projects and program
administration allowable under LIHEAP in the same State fiscal year. At the same time,
an equivalent transfer shall be made to the Low Income Home Energy Assistance Program
from the Home Weatherization Assistance Fund to provide home heating fuel benefits
and program administration in the same State fiscal year. (Added 2018, No. 11 (Sp. Sess.), § E.324.1.)
§ 2603. Repealed. 2017, No. 3, § 65(a), eff. March 2, 2017.
§ 2604. Eligible beneficiaries; requirements
(a) The Secretary of Human Services or designee, by rule, shall establish household income
eligibility requirements of beneficiaries in the Seasonal Fuel Assistance Program,
including the income of all residents of the household. The income eligibility requirements
shall require that households have a gross household income no greater than 185 percent
of the federal poverty level nor in excess of income maximums established by LIHEAP
in order to be potentially eligible for benefits. To the extent allowed by federal
law, the Secretary of Human Services or designee shall establish by rule a calculation
of gross income based on the same rules used in 3SquaresVT, except that the Secretary
or designee shall include additional deductions or exclusions from income required
by LIHEAP.
(b) The Secretary of Human Services or designee shall by procedure establish a table that
contains amounts that will function as a proxy for applicant households’ annual heating
fuel cost for the previous year. The seasonal fuel expenditure estimates contained
within the table shall closely approximate the actual home heating costs experienced
by participants in the Home Heating Fuel Assistance Program. The table shall be revised
not less frequently than every three years based on data supplied by certified fuel
suppliers, the Department of Public Service, and other industry sources to the Office
of Home Heating Fuel Assistance. The Secretary or designee shall provide a draft of
the table to the Home Energy Assistance Task Force established pursuant to subsection 2602a(c) of this title and solicit input from the Task Force prior to finalizing the table.
(c) In determining heating fuel costs of households:
(1) Residents of housing units subsidized by the federal, State, or local government shall
be deemed to have incurred no annual home heating fuel costs, except to the extent
required by any federal law or regulation if federal funds are utilized for the Home
Heating Fuel Assistance Program, and with the following additional exception. Housing
unit residents who participate in Reach Up under chapter 11 of this title or who receive
Supplemental Security Income/Aid to the Aged, Blind, and Disabled (SSI/AABD); Emergency
Assistance; or General Assistance benefits that are used in whole or in part to pay
for their housing or utility costs and do not receive other federal, State, or local
government assistance targeted specifically to their housing or utility needs shall,
with the exception of households for which the cost of heat is supplied by the landlord,
be assumed to incur annual home heating fuel costs and their eligibility for annual
heating fuel assistance shall not be limited by this subsection.
(2) The annual heating fuel cost for a household unit shall be only for the cost of the
primary heating fuel source of the unit, which may be for wood, electricity, or any
other fuel source, but annual heating fuel costs shall be only for the cost of heat
and not include the cost of the fuel for any other uses of the household. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 1997, No. 2, § 68, eff. Feb. 12, 1997; 1997, No. 61, § 130a; 1999, No. 59, §§ 2, 3, eff. June 1, 1999; 1999, No. 66 (Adj. Sess.), § 56, eff. Feb. 8, 2000; 2007, No. 65, § 143; 2007, No. 172 (Adj. Sess.), § 14; 2009, No. 4, § 108, eff. July 1, 2008; 2009, No. 1 (Sp. Sess.), § E.324.3; 2009, No. 88 (Adj. Sess.), § 3, eff. April 29, 2010; 2011, No. 75 (Adj. Sess.), § 112, retroactively eff. June 1, 2010; 2013, No. 50, § E.324.5; 2013, No. 89, § 18, eff. June 17, 2013; 2013, No. 131 (Adj. Sess.), § 56, eff. May 20, 2014; 2017, No. 85, § F.1, eff. June 28, 2017; 2019, No. 131 (Adj. Sess.), § 298.)
§ 2605. Benefit amounts
(a) The Secretary of Human Services or designee shall by rule establish a table that specifies
maximum percentages of applicant households’ annual heating fuel costs, based on the
proxy table established pursuant to subsection 2604(b) of this title that can be authorized for payment as annual home heating fuel assistance benefits
for the following year. The maximum percentages contained within this table shall
vary by household size and annual household income. In no instance shall the percentage
exceed 90 percent.
(b) The maximum percentages of annual heating fuel costs table established in subsection
(a) of this section shall provide proportionally higher benefit percentages to households
with a gross income of 154 percent of the federal poverty guidelines or less and proportionally
lower benefit percentages to households with a gross income of 155 to 185 percent
of the federal poverty guideline.
(c) Annually, based on the number of eligible households that have applied or are projected
to apply, and on the eligibility of households in the benefit categories established
in this section, the Secretary of Human Services or designee shall, by procedure,
set the payment rate that shall be used to determine the amount of annual Home Heating
Fuel Assistance for each eligible household. In no event shall the payment rate be
greater than 100 percent of the maximum percentage established by rule as required
by subsection (a) of this section.
(d) In the case of a household for which the cost of heat is not supplied by the landlord,
the household’s annual Home Heating Fuel Assistance benefit is the household’s annual
heating fuel cost as defined in subsection 2604(b) of this title, multiplied by the maximum percentage for that household found in the table established
by subsection (a) of this section, multiplied by the payment rate established in subsection
(c) of this section.
(e) Households that make undesignated payments for energy for home heat in the form of
rent and that are not participating in a public, subsidized, or Section 8 housing
program shall be eligible for an annual Home Heating Fuel Assistance benefit in an
amount equal to 30 percent of the benefit the household would have received if the
household were purchasing energy for home heating fuel directly or in the amount of
$50.00, whichever amount is greater.
(f) Households that make undesignated payments for energy for home heat in the form of
rent and are participating in a public, subsidized, or Section 8 housing program shall
be eligible for a nominal annual Home Heating Fuel Assistance benefit of $21.00.
(g) Residents of the dwelling unit who make reasonable compensation in the form of room
rent and who are not members of the same household shall be eligible for an annual
Home Heating Fuel Assistance benefit in the amount of $21.00.
(h) Households receiving benefits from 3SquaresVT whose head of household is not otherwise
eligible for a fuel benefit under this section shall be eligible for a nominal annual
Home Heating Fuel Assistance benefit of $21.00. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 1997, No. 2, § 69, eff. Feb. 12, 1997; 1999, No. 59, § 4, eff. June 1, 1999; 2007, No. 172 (Adj. Sess.), § 22; 2009, No. 1 (Sp. Sess.), § E.324.4; 2009, No. 88 (Adj. Sess.), § 4, eff. April 29, 2010; 2013, No. 50, § E.324.6; 2013, No. 89, § 19, eff. June 17, 2013; 2013, No. 179 (Adj. Sess.), § E.324.1; 2017, No. 85, § F.2, eff. June 28, 2017.)
§ 2606. Application period; assistance
(a) The Secretary of Human Services or designee may accept applications on an ongoing
basis beginning on April 1, 2010. The Secretary or designee may establish by rule
the procedure for accepting applications and determining eligibility under this subsection.
(b) No qualified applicant shall be penalized through a reduction of benefits for a late-filed
application, except that such applicant shall not receive benefits for any period
prior to the month of application.
(c) The Secretary of Human Services or designee shall process applications and related
tasks, including assisting households in applying and providing required information
and locating and contacting fuel suppliers certified under section 2607 of this title. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 1999, No. 59, § 5, eff. June 1, 1999; 2009, No. 1 (Sp. Sess.), § E.324.2; 2009, No. 88 (Adj. Sess.), § 5, eff. April 29, 2010.)
§ 2607. Payments to fuel suppliers
(a) The Secretary of Human Services or designee shall certify fuel suppliers, excluding
firewood and wood pellet suppliers, to be eligible to participate in the Home Heating
Fuel Assistance Program. Beneficiaries may use their seasonal fuel assistance benefit
to obtain home heating fuel or energy only from a fuel supplier certified by the Director,
except that beneficiaries who heat with firewood or wood pellets may obtain their
firewood or wood pellets from any supplier they choose.
(b) Certified fuel suppliers shall agree to conduct reasonable efforts in order to inform
and assist beneficiaries in their service areas, maintain records of amounts and costs
of all fuel deliveries, send periodic statements to customers receiving home heating
fuel assistance informing them of their account’s credit or debit balance as of the
last statement, deliveries or usage since that statement and the charges for such,
payments made or applied, indicating their source, since that statement, and the ending
credit or debit balance. Certified fuel suppliers shall also agree to provide the
Secretary of Human Services or designee such information deemed necessary for the
efficient administration of the Program.
(c) Certified fuel suppliers shall not disclose the beneficiary status of recipients of
Home Heating Fuel Assistance benefits, the names of recipients, or other information
pertaining to recipients to anyone, except for purposes directly connected with administration
of the Home Heating Fuel Assistance Program or when required by law.
(d) Certified fuel suppliers shall also agree to enter into budget agreements with beneficiaries
for annualized monthly payments for fuel supplies, provided the beneficiary meets
accepted industry credit standards, and shall grant Program beneficiaries such cash
discounts, preseason delivery savings, automatic fuel delivery agreements, and any
other discounts granted to any other heating fuel customer or as the Secretary of
Human Services or designee may negotiate with certified fuel suppliers.
(e) The Secretary of Human Services or designee shall provide each certified fuel supplier
with a list of the households who are its customers and have been found eligible for
annual Home Heating Fuel Assistance for the current year, the total amount of annual
Home Heating Fuel Assistance that has been authorized for each household, and how
the total amount has been allocated over the heating season. Each authorized amount
shall function as a line of credit for each eligible household. The Secretary or designee
shall disburse authorized Home Heating Fuel Assistance benefits to certified fuel
suppliers on behalf of eligible households. Authorized benefits for oil, propane,
kerosene, dyed diesel, and coal shall be paid after fuel is delivered and invoiced
to the Secretary or designee. Authorized benefits for electricity and natural gas
shall be paid in full and credited to the eligible household’s account at the same
time benefit notices are issued to the eligible household.
(f) The Secretary of Human Services or designee shall negotiate with one or more certified
fuel suppliers to obtain the most advantageous pricing, payment terms, and delivery
methods possible for eligible households.
(g)(1) The Public Utility Commission shall require natural gas suppliers subject to regulation
under 30 V.S.A. § 203 to provide a discount program to customers with incomes no greater than 200 percent
of the federal poverty level or who meet the Department for Children and Families’
means test of eligibility for LIHEAP crisis fuel assistance. Eligibility for the discount
shall be verified by the Department for Children and Families.
(2) In implementing the discount program, the Commission shall consider:
(A) low-income discount programs, rates, and cost structures of other Vermont regulated
utilities;
(B) low-income discount programs, rates, and cost structures for gas customers in other
states; and
(C) options for allocating the costs of the discount program that avoid or reduce the
cost impact of the program on ineligible ratepayers, including consideration of each
of the following:
(i) use of any revenues collected from ratepayers that are in excess of the revenue requirement
most recently determined by the Commission; and
(ii) use of revenues collected from ratepayers to fund system expansions that have not
been placed in service.
(3) On or before January 15, 2013, the Commission shall:
(A) implement this subsection by order to each natural gas company subject to its jurisdiction;
and
(B) report to the House Committees on Commerce and Economic Development and on Human Services
and to the Senate Committees on Health and Welfare and on Economic Development, Housing
and General Affairs on its implementation of this subsection, including its consideration
of the matters described in subdivision (2) of this subsection and the results of
that consideration. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 1999, No. 59, § 6, eff. June 1, 1999; 2005, No. 93 (Adj. Sess.), §§ 38, 126c, eff. March 3, 2006; 2009, No. 88 (Adj. Sess.), § 6, eff. April 29, 2010; 2011, No. 136 (Adj. Sess.), § 13, eff. May 18, 2012; 2013, No. 131 (Adj. Sess.), § 57, eff. May 20, 2014.)
§ 2608. Weatherization program agreements
The Director of the Home Energy Assistance Program shall inform the Administrator
of the Home Weatherization Assistance Program, established under chapter 25 of this
title, of all participants in the Home Heating Fuel Assistance Program. The Agency
of Human Services shall provide all participants in the Home Heating Fuel Assistance
Program with information regarding the efficiency utility established under 30 V.S.A. § 209. All participants in the Home Heating Fuel Assistance Program shall be deemed to
comply with any income requirements of the Home Weatherization Program, but to receive
weatherization services, recipients shall be required to meet any other eligibility
requirements of the Home Weatherization Program. As a condition of receipt of benefits
under the Home Heating Fuel Assistance Program, a recipient shall consent to receive
services of the Home Weatherization Assistance Program. The Home Weatherization Assistance
Program shall give the highest priority to providing services to participants within
the Home Heating Fuel Assistance Program and, among those participants, to those who
require the highest energy usage. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 2005, No. 208 (Adj. Sess.), § 16; 2013, No. 50, § E.324.7; 2013, No. 89, § 20; 2017, No. 85, § F.3, eff. June 28, 2017.)
§ 2609. Crisis reserves; eligibility and assistance
(a) Annually, the Secretary of Human Services or designee shall determine an appropriate
amount of funds to be set aside for expenditure for the crisis fuel assistance component
of the Home Heating Fuel Program. The Secretary or designee shall also adopt rules
to define crisis situations for the expenditure of the home heating fuel crisis funds
and to establish the income eligibility requirements of households for receipt of
crisis Home Heating Fuel Assistance, provided that no household shall be eligible
whose gross household income is greater than 200 percent of the federal poverty level
based on the income of all persons residing in the household. To the extent allowed
by federal law, the Secretary or designee shall establish by rule a calculation of
gross income based on the same rules used in 3SquaresVT, except that the Secretary
or designee shall include additional deductions or exclusions from income required
by LIHEAP.
(b) Crisis fuel grants may be limited per winter heating season to one grant for households
that are income-eligible and have received a seasonal fuel assistance grant and meet
all eligibility requirements for crisis fuel assistance or to two grants for households
that are not income-eligible for seasonal fuel assistance and meet all eligibility
requirements for crisis fuel assistance. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 2009, No. 1 (Sp. Sess.), § E.324.5; 2009, No. 88 (Adj. Sess.), § 7, eff. April 29, 2010; 2011, No. 75 (Adj. Sess.), § 113, retroactively eff. June 1, 2010; 2013, No. 50, § E.324.9; 2017, No. 85, § F.5, eff. June 28, 2017; 2023, No. 113 (Adj. Sess.), § E.324.1, eff. July 1, 2024.)