[HISTORY: Adopted by the Council of the Borough of Lansdale 12-16-2020 by Ord. No.
2020-1946. Amendments noted where applicable.]
This chapter may be known and cited as the "Emergency Electric
Grant Assistance Program Ordinance" of the Borough of Lansdale.
The purpose of this chapter is to establish an Emergency Electric
Grant Assistance Program that may be activated by Borough Council
in its sole and absolute discretion when an emergency disaster has
been declared for the Borough of Lansdale in order to provide assistance
to eligible households who are Borough residents and customers of
the Lansdale Borough Electric Utility System in order to meet home
electric needs.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
The individual or person who files an application for a grant
under the EEGAP on behalf of the applicant and the applicant's household.
The resolution adopted by Borough Council to authorize the activation of the EEGAP as required under § 195-4B.
The Borough of Lansdale.
Any proclamation of disaster emergency issued by the Borough
or its elected officials pursuant to the Pennsylvania Emergency Management
Services Code, 35 Pa.C.S.A. § 7101 et seq., including any
corresponding ratification or extension of said proclamation.
The date that a completed application is filed with the Borough
or designated EEGAP administrator.
The Lansdale Borough Emergency Electric Grant Assistance
Program.
The Borough Manager, Borough Finance Director or their designee
who is responsible for the administration of this chapter, including
the processing, award, and appeals of EEGAP grant applications. Borough
Council may by resolution appoint a third-party administrator to perform
all or some of the administrative duties, in which case said third-party
administrator shall be the EEGAP Administrator to the extent of their
duties for purposes of this chapter.
An individual or group of individuals, including related
roomers, who are living together as one economic unit that customarily
pays for its home heating energy either directly to a vendor or indirectly
as an undesignated part of rent.
A parent of a minor child or a spouse.
A person whose home is in the Borough and who lives there
voluntarily and not temporarily for a reason such as vacation, a visit
or education.
The bill issued by the Lansdale Borough Electric Department
for the use and consumption of electricity.
An individual whose payment for lodging in a room includes
electric and may include a private bathroom or one of the following:
board; or kitchen or bathroom privileges on a shared basis; or light
housekeeping facilities.
A.
Establishment. There is hereby established an Emergency Electric
Grant Assistance Program that may be activated by Borough Council
and implemented by the Borough in accordance with the procedures and
terms set forth in this chapter.
B.
Operation and activation. The EEGAP shall not operate unless and
until Borough Council authorizes its activation by resolution. Such
authorizing resolution may not be adopted until after a Borough emergency
disaster declaration occurs. Such authorizing resolution may be adopted
in any manner provided for by applicable law, including any expedited
procedures that may be available under the Pennsylvania Emergency
Management Services Code, 35 Pa.C.S.A. § 7101 et seq., as
may be amended from time to time.
C.
Contents of authorizing resolution. The authorizing resolution shall
contain the following:
(1)
Basis or reference to the Borough emergency disaster declaration;
(2)
Statement that the Borough emergency disaster declaration has caused
or will cause an economic impact to Borough residents and households;
(3)
The amount of funding being authorized for the EEGAP authorized by
the resolution;
(4)
The criteria to be used to determine eligibility for a grant or award by an applicant under the EEGAP authorized by the resolution that shall be in addition to the mandatory minimum eligibility requirements set forth in § 195-5;
(5)
The maximum amount that may be awarded to an applicant under the
EEGAP authorized by the resolution;
(6)
The date by which requests by an applicant must be submitted and
the date by which the EEGAP authorized by the resolution shall end.
A.
Income qualifications. To qualify for an EEGAP grant, an applicant and applicant's household shall meet income requirements at the time of application. Unless otherwise stated in the authorizing resolution, the applicant and applicant's household gross annual income, as defined in § 195-6 below, shall be equal to the median income level for Montgomery County, Pennsylvania, as established by the United States Department of Health and Human Services or by an agency of the Commonwealth of Pennsylvania or by an agency of Montgomery County. Nothing in this section shall prohibit the Borough from imposing additional or more stringent income qualification requirements for an EEGAP in the authorizing resolution.
B.
Responsibility for electric utility costs. To be eligible for an
EEGAP grant, the applicant and applicant's household shall be responsible
for paying its residential electric bill directly to the Borough Electric
Department or indirectly to the Borough Electric Department as an
undesignated part of rent.
(1)
The following persons and members of their households are deemed
responsible for payment of its residential electric bill:
(a)
Homeowners or renters, including subsidized housing tenants,
who pay for residential electric directly to the Borough.
(b)
Renters, including subsidized housing tenants, who pay for residential
electric indirectly as an undesignated part of rent. Renters, including
subsidized housing tenants, are ineligible if their rental charge
includes an undesignated amount for electric and is based on a fixed
percentage of their income or on their source of income.
(c)
Roomers who pay for their lodging in either a commercial establishment
or in a private home which is their permanent and primary home. Roomers
are ineligible if their charge for room or room and board is based
on a fixed percentage of their income or on their source of income.
(2)
Persons are ineligible if they are in a temporary living arrangement
for a reason such as a visit, vacation or education. Residents in
institutions, dormitories, fraternity or sorority houses and boarding
homes are ineligible.
C.
Residency. To be eligible for an EEGAP grant, the applicant or applicant's
household members shall be residents of the Borough and must have
an account with the Borough Electric Department.
A.
Gross income definition. Unless otherwise specified in the authorizing
resolution, "gross income" shall mean the total earned and nonearned
income of the household that includes the following:
(1)
Employee earnings. Employee earnings are money, including wages,
salaries, bonuses, commissions and tips, before taxes or other deductions,
that a person receives for providing services on behalf of an employer.
(2)
Profit from self-employment. Profit of a self-employed person is
gross receipts minus costs of operating a business or farm, practicing
a profession, providing day care for children in an approved family
day-care facility, or renting nonresident real property.
(3)
Nonearned income. Nonearned income includes, but is not limited to,
the following: public assistance grants, social security benefits,
worker's compensation, supplemental security income, unemployment
compensation, support payments, cash gifts and contributions, pensions,
interest from investments or bank accounts, veterans benefits and
similar benefits that may be reported on either federal or state tax
returns.
B.
Gross income exclusions. Unless otherwise specified in the authorizing
resolution, the following sources of gross income may be excluded
by the applicant or applicant's household:
(1)
The portion of an educational loan grant or scholarship to an undergraduate
student actually spent for tuition, books and other required educational
fees, and the amount of income from other sources used to pay out-of-pocket
expenses for books and other required educational fees.
(2)
Allowable costs of a student's financial assistance received from
a program funded in whole or in part under Title IV of the Higher
Education Assistance Act Amendments of 1986 (Pub. L. 99-498, 100 Stat.
1268).
(3)
Payments for services or out-of-pocket expenses to volunteers serving
as foster grandparents, senior health aids or senior companions, and
to persons serving in other programs under Title II of the Domestic
Volunteer Service Act of 1973 (42 U.S.C.A. §§ 5001
through 5024).
(4)
Payments to volunteers for VISTA, Service-Learning Programs and Volunteer
Programs under Title I of the Domestic Volunteer Service Act of 1973
(42 U.S.C.A. §§ 4951 through 4994).
(5)
The value of bonus coupons received by a participant in the Food
Stamp Program.
(6)
The value of donated foods, surplus commodities, from the United
States Department of Agriculture.
(7)
The value of home produce of clients for household consumption.
(8)
Money received under the Senior Citizen Rebate and Assistance Act
(72 P.S. §§ 4751-1 through 4751-12).
(9)
Money received as incentive or training-related expenses provided
to persons involved in a work/training program sponsored by a federal,
state or local government agency.
(10)
Deductions for Medicare premiums deducted from social security
benefit payments.
(11)
Amounts received as reimbursement for medical costs, medical
transportation and special need items as defined under 55 Pa. Code
Chapter 175, § 175.21 et seq. (relating to allowances and
benefits).
(12)
Cash or in-kind assistance with heating costs provided by private
or public agencies or utility companies.
(13)
Personal loans, bank loans or other noneducational loans designated
for a specific purpose from an established financial institution.
(14)
The portion of a social security lump sum death benefit designated
for funeral expenses.
(15)
Up to the first $50 of voluntary support from legally responsible
relatives or a court-ordered support that the household receives in
a given month, including support refunded during the month.
C.
Multimember household income counted. Unless otherwise specified
in the authorizing resolution, to determine the income level of an
applicant and applicant's household for an EEGAP grant, the gross
annual income for income limit purposes shall include:
D.
Income period for determining gross income calculation. Unless otherwise
specified in the authorizing resolution, an applicant may choose whether
the time period to be used in determining gross annual income shall
be for the 12 months or the 30 days before the date of application.
Regardless of the selected time period, gross income shall be converted
to a yearly figure.
E.
Income documentation. Unless otherwise specified in the authorizing
resolution, an applicant shall agree and acknowledge that:
(1)
The applicant shall produce, if requested, documentation of the amounts
and sources of income of household members, including related roomers.
(2)
The applicant shall report but is not required to document income
of persons in the household who are current recipients of public assistance,
food stamps or supplemental security income.
A.
Filing. Unless otherwise specified in the authorizing resolution,
a member of the applicant's household shall complete and file with
the EEGAP Administrator an application on a form as prepared by the
Borough. To complete an application for an EEGAP grant, the applicant,
on behalf of the applicant's household, shall:
(1)
Answer all questions on the Borough's EEGAP application form.
(2)
Sign and date the application form and certify that the applicant's
answers are made subject to penalties of 18 Pa.C.S.A. § 4904
relating to unsworn falsification to authorities.
(3)
Provide income documentation as may be required or requested.
(4)
Provide documentation of responsibility for the payment of residential
electric bills as may be required or requested.
(5)
Provide additional verification, as needed and requested by the EEGAP
Administrator to determine eligibility for an EEGAP grant and amount
of financial assistance.
B.
Written notice. Unless otherwise stated in the authorizing resolution,
the EEGAP Administrator will send the applicant a written notice of
the decision on eligibility within 30 days after receiving a completed
application. The written notice will include the following:
(1)
If eligible. If the applicant and applicant's household is eligible,
the written notice will include the amount of the financial assistance
awarded and confirmation of the date by which the financial assistance
will be paid by the Borough to the Borough Electric Department as
payment for the applicant's and applicant's household's residential
electric bill.
(2)
If ineligible. If the household is ineligible, the written notice
will indicate the reason for the decision of ineligibility and provide
a reference to the basis for the decision.
C.
Incomplete applications. If an application is not complete, the EEGAP
Administrator may, in its discretion, take one of the following actions:
(1)
Delay. Delay a decision on eligibility for up to 30 days until the
necessary information is received. If the eligibility decision is
delayed, the EEGAP Administrator shall provide a written notice to
the applicant indicating what information is missing and the date
by which the information must be provided to avoid rejection of the
application.
(2)
Reject. Reject the application on the basis that an eligibility decision
cannot be made because the applicant has failed or refused to provide
sufficient information needed to determine eligibility.
D.
Exhaustion of appropriated funds. Unless otherwise stated in the authorizing resolution, EEGAP grants shall be awarded on a first-come, first-served basis. In the event that the funds appropriated for EEGAP grants under the authorizing resolution is exhausted, the EEGAP Administrator shall notify all pending applicants that their application is denied due to exhaustion of available funds. The EEGAP Administrator shall also notify all applicants submitting applications after funding is exhausted that their applications will not be processed and deemed denied due to the exhaustion of available funding. Borough Council may extend an authorized EEGAP by resolution provided that the resolution contains the criteria set forth in § 195-4C.
All EEGAP grants will be paid in the form of a payment made
by the Borough to the Borough Electric Department on behalf of the
eligible applicant and applicant's household. No payments will be
made directly to any applicant or to any other utility provider or
to any third party.
A.
Unless otherwise stated in the authorizing resolution, an applicant
shall provide sufficient information regarding the household's circumstances
to enable the EEGAP Administrator to determine eligibility and the
amount of financial assistance.
B.
Questionable information. The EEGAP Administrator may require an
applicant to verify information affecting eligibility that appears
to be incomplete, unreasonable or inconsistent with known facts.
A.
Any applicant whose application for an EEGAP grant is denied or otherwise
adversely affected by a determination by the EEGAP Administrator may
file with a petition for redetermination within 30 days from the date
of mailing or written notice by the EEGAP Administrator of such action.
Such petition shall be filed with the Borough and shall set forth
the grounds upon which the applicant alleges that such action of the
EEGAP Administrator is erroneous or unlawful, in whole or in part,
and shall be accompanied by an affidavit of affirmation that the facts
contained therein are true and correct.
B.
The Borough's Administrative and Finance Committee shall serve as
hearing officer for all petitions for redetermination. The Borough's
Administrative and Finance Committee shall hold such hearings as may
be necessary for the purpose of redetermination, and each applicant
who has duly filed such petition for redetermination shall be notified
of the time and the place where such hearing in his or her case will
be held. An administrative hearing shall be held within 30 days from
the date of receipt of a completed petition for redetermination. A
decision shall be rendered no later than 60 days from the date of
a completed petition for redetermination.
C.
Any party to the proceedings may file an appeal of the determination
of the Administrative and Finance Committee to the Montgomery County
Court of Common Pleas in accordance with 2 Pa.C.S.A. § 751
et seq. (relating to judicial review of local agency action) and 42
Pa.C.S.A. § 933 (relating to appeals from government agencies).
Unless otherwise required by law, information about an EEGAP
applicant or recipient is confidential and will be considered a record(s)
or information relating to a request for social services that may
be disclosed for only the following purposes:
A.
To aid in the determination of EEGAP eligibility.
B.
To aid in the investigation or prosecution of suspected fraud in
connection with this chapter and an EEGAP application or award.
C.
To cooperate with federal or state authorities regarding EEGAP audits,
reviews and investigations or as may be required as part of any audit
of Borough funds.
D.
If an applicant agrees, the EEGAP Administrator may disclose that
information about the applicant or recipient household that is needed
to help the household apply for or obtain financial assistance under
this chapter.
The Borough assures that no person on the basis of race, color,
sex, age, handicap, religion, national origin or ancestry or political
belief will be excluded from participation in the EEGAP, denied EEGAP
grants or be subject to discrimination in an activity or project receiving
EEGAP financial assistance.
A.
Households with an elected borough official ineligible. Any application
submitted in which the applicant or a member of the household includes
a current elected Borough official shall be denied as ineligible on
the basis that the recipient or beneficiary of the EEGAP grant would
include an elected Borough official.
B.
Households
with an employee of the Borough ineligible. Any application submitted
in which the applicant or a member of the household includes an individual
employed by the Borough at the date of application shall be denied
as ineligible on the basis that the recipient or beneficiary of the
EEGAP grant would include a Borough employee.
A.
Overpayment defined. An overpayment is the payment of EEGAP funds
or provision of EEGAP benefits for which the applicant is either fully
or partially ineligible. Such full or partial ineligible determination
may occur after an EEGAP grant is awarded based on submitted information
or documentation later determined to be incorrect or inaccurate.
B.
Liability for overpayment. An applicant or household that receives
EEGAP funds or benefits for which it is ineligible shall repay the
Borough for the overpayment. If an overpayment occurs because of suspected
fraud or intentional applicant error or misrepresentation, the EEGAP
Administrator will refer the overpayment for collection or prosecution
to the Borough for appropriate legal action.
C.
Fraud. A person who knowingly misrepresents or withholds information
in order to qualify anyone for an EEGAP grant is guilty of fraud and
subject to a penalty of a fine or imprisonment, or both, to the extent
permitted by law.
The provisions of this chapter shall not be construed as establishing
any right or entitlement to an EEGAP grant, and the decision whether
to activate or authorize an EEGAP shall be entirely at the discretion
of Borough Council.
