| (a) The Comprehensive Energy Assistance Program (CEAP)
is funded through the Low Income Home Energy Assistance Act of 1981
(Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public
Law 97-35, as amended). LIHEAP has been in existence since 1982. LIHEAP
is a federally funded block grant program that is implemented to serve
Low Income Households who seek assistance for their home energy bills.
LIHEAP is not an entitlement program, and there are not sufficient
funds to serve all eligible customers or to provide the maximum benefit
for which a customer may qualify.
(b) Definitions.
(1) Crisis Assistance--A type of CEAP assistance limited
to Households who meet the requirements related to Extreme Weather
Conditions, Life Threatening Crisis, or a Disaster.
(2) Customer Obligations--Funds become obligated upon
a Subrecipient's pledge of payment to a specific Household toward
a service or form of assistance and it being recorded in Subrecipient's
client tracking software.
(3) Disaster--An event declared by the President of
the United States or the Governor of the State of Texas.
(4) Extreme Weather Conditions--For winter months (November,
December, January, and February), extreme cold weather conditions
exist when the temperature has been at least two degrees below the
lowest winter month's temperature or below 32 degrees, for at least
three days during the client's billing cycle. For summer months (June,
July, August, and September), extreme hot weather conditions exist
when the temperature is at least two degrees above the highest summer
month's temperature for at least three days during the client's billing
cycle. Extreme Weather Conditions will be based on either data for
"1981-2010 Normals" temperatures recorded by National Centers for
Environmental Information of the National Oceanic and Atmospheric
Administration (NOAA) and available at https://www.ncdc.noaa.gov/cdo-web/datatools/normals,
or on data determined by the Subrecipient, and approved by the Department
in writing. Subrecipient must maintain documentation of local temperatures
and reflect their standard for Extreme Weather Conditions in its Service
Delivery Plan.
(5) Life Threatening Crisis--A Life Threatening Crisis
exists when the life of at least one person in the applicant Household
who is a U.S. Citizen, U.S. National, or a Qualified Alien would likely,
in the opinion of a reasonable person, be endangered if utility assistance
or heating and cooling assistance is not provided. Examples of life
endangerment include, but are not limited to, a Household member who
needs electricity for life-sustaining equipment (e.g., kidney dialysis
machines, oxygen concentrators, medicinal refrigeration and cardiac
monitors); a Household member whose medical professional has prescribed
that the ambient air temperature be maintained at a certain temperature;
a Household member whose life is endangered if absence of heating
or cooling were to continue; or the presence of noxious gases as a
result of heating or cooling the Dwelling Unit. In cases concerning
an applicant's medical condition or need for life-sustaining equipment,
documentation must not be requested about the medical condition of
the applicant but the applicant must affirm that such a device is
required in the Dwelling Unit because of a life threatening illness
or risk of death.
(6) Low on Fuel--A reference to propane tanks which
are below 20% supply (according to customer).
(7) Natural Disaster--A Disaster that is primarily
not of man-made origins.
(8) Vendor Refund--A sum of money refunded by a utility
company or supplier due to a credit on the account or due to a deposit.
See §6.312 of this subchapter (relating to Payments to Subcontractors
and Vendors) for more information.
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