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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2021-00315


CCR details

Tracking Number 2021-00315
Type of Filing Emergency
Department 500,1008,2500 Department of Human Services
Agency 2503 Income Maintenance (Volume 3)
CCR Number 9 CCR 2503-7
CCR Title LOW-INCOME ENERGY ASSISTANCE PROGRAMS (LEAP)

Proposed rule

Rule
Additional Information
Statutory Authority 26-1-111(2)(a), C.R.S. (2020); 40-8.5-101, C.R.S. (2020); § 40-8.7-109, C.R.S. (2020)
Applicable Federal Provisions American Rescue Plan Act of 2021 (Rescue Act)
Purpose/Objective of Rule This rule change is necessary because of the Low Income Household Water Assistance Program (LIHWAP) created by the American Rescue Plan Act of 2021 (Rescue Act). The Rescue Act allows the new household water program to be administered in states already receiving funds for the Low Income Energy Assistance Program (LEAP). In Colorado, the eligibility of households for the LIHWAP program will be determined through LEAP. To ensure that Colorado households have the time to apply for LIHWAP, the LEAP rules must immediately change the applications deadline period, which is accomplished with this rule change. In addition, there has been no guidance from our federal partners on the distribution of this program, one of the few things known is that eligibility for the program will be that the household has been approved for LEAP. LEAP will not be allowed to announce the availability of the LIHWAP program until there is guidance on the distribution. If the LEAP program ends at the end of April and LEAP does not have federal guidance until the end of April, then LEAP cannot notify potential eligible households of the program and give them time to apply because our LEAP Program year will be closed.
Basis And Purpose BasisAndPurposeAttachment2021-00315.doc
Regulatory analysis RegulatoryAnalysisAttachment2021-00315.doc
Comments CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Emergency rules (ER) are adopted immediately, and are permanently adopted at a second hearing, usually the month after the initial hearing. This hearing adopted an ER which is anticipated to be adopted on a permanent basis on 6/4/21 through SOS#2021-00291: https://cdhs.colorado.gov/sbhs
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number American Rescue Plan Act of 2021 (Rescue Act) [Federal]
Contact Name Theresa Kullen
Contact Title LEAP Manager
Contact Telephone 303-861-0337
Contact email theresa.kullen@state.co.us

Adopted rule

Adopted Rules AdoptedRules02021-00315.doc
Redline Redline2021-00315.doc
Emergency Justification EmergencyJustificationPathAttach2021-00315.doc
Adopted Date 05/07/2021
Emergency AGO requested date 05/11/2021
Attorney General Opinion 05/25/2021
Colorado Register publication date 06/10/2021
Effective Date 05/07/2021
Inserted into CCR 05/27/2021
  
  
  
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