HB-4649, As Passed House, March 31, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4649

     A bill to amend 1984 PA 34, entitled

"Michigan low income heating assistance and shut-off protection

act,"

by amending section 7 (MCL 400.1207).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 7. (1) There is created a low income heating assistance

and shut-off protection program. The program shall be administered

by the department to prevent utility service shut-offs, promote

awareness of and changes in energy use habits, promote conservation

techniques, provide incentives for energy conservation, help reduce

energy use by improving the housing stock, and provide relocation

assistance.

     (2) The department shall do all of the following:

     (a) Coordinate weatherization efforts for assisted households.

     (b) Authorize use of weatherization resources among the

dwellings of all assisted households in the state. The department

shall give first priority to households which exceed the annual

consumption cap.

     (c) Not later than the beginning of the third program year,

promulgate rules to create an energy conservation incentive which

shall provide direct financial benefits to assisted households

which reduce their use of heating energy. The rules shall be

promulgated pursuant to the administrative procedures act of 1969,

Act No. 306 of the Public Acts of 1969, being sections 24.201 to

24.315 of the Michigan Compiled Laws .

     (d) Subject to restrictions prescribed by federal regulations

governing aid to families with dependent children, rules of the

state department of social services, or otherwise, for preventing

the disclosure of confidential information to any person not

authorized by law to receive the confidential information, the

state department of social services shall make available to a

public utility regulated by the Michigan public service commission

information concerning applicants and recipients of public

assistance, the disclosure of which is necessary and the use of

which is strictly limited to the purpose of a public utility's

administering a program created by statute or an order of the

Michigan public service commission and intended to assist

applicants or recipients of public assistance in defraying their

energy costs.

     (e) Not later than the beginning of the third program year, in

cooperation with provider utilities, implement a positive billing

system by which the difference, if any, between an assisted

household's monthly heating bills and the household's heating

allotments and supplemental payments will be billed directly to the

department and paid to the provider utility monthly, up to the

annual consumption cap.

     (b) Notwithstanding the provisions of the social welfare act,

1939 PA 280, MCL 400.1 to 400.119b, and subject to restrictions

prescribed by federal regulations governing temporary assistance to

needy families or other federal programs, rules of the department,

or otherwise, for preventing the disclosure of confidential

information to any person not authorized by law to receive the

confidential information, on an annual basis, the department shall

make available to an energy provider information concerning

applicants for, and recipients of, public assistance, the

disclosure of which is necessary and the use of which is strictly

limited to the purpose of an energy provider administering a

program created by statute or by order of the Michigan public

service commission and intended to assist applicants for, or

recipients of, public assistance in defraying their energy costs or

preventing or delaying utility disconnection.

(c) (f) Expand the department's energy crisis intervention

services within available resources. The department shall review

and make recommendations concerning cases of assisted households

having natural gas use or electrical consumption which that exceeds

the annual consumption cap, and shall expand its effort to identify

dwellings which that cannot be made energy-efficient and help

relocate those assisted households to more energy efficient

dwellings if reasonable alternative housing is available. The

department shall determine whether a dwelling cannot be made energy

efficient.

(d) (g) Not later than the beginning of the second program

year, develop Develop and implement a uniform record keeping and

reporting system for the program.

(e) (h) Establish monitoring criteria for program evaluation

which that shall include, but not be limited to, all of the

following:

     (i) The number of assisted households which that exceed the

annual consumption cap.

     (ii) The average consumption both before and after

weatherization for each assisted household.

     (iii) The number of shut-offs of heating service to assisted

households.

     (iv) The number of dwellings of assisted households

weatherized.