Section 105.10  Low-Income Household Water Assistance Program

 

a)         Implementation

This Part institutes the federally-funded water assistance program available to low income-eligible residents statewide.  This assistance program shall be known as the federal "Low Income Household Water Assistance Program" (LIHWAP).

 

b)         Impacting Authorities

The following authorities, among others, affect the implementation or operation of federal LIHWAP:

 

1)         The Consolidated Appropriations Act, 2021 (P.L. 116-260);

 

2)         American Rescue Plan Act of 2021 (P.L. 117-2); and

 

3)         Uniform Administrative Guidance at 45 CFR Part 75 and Uniform Administrative Guidance at 2 CFR Part 200.

 

c)         Income Eligibility

Income eligibility for federal LIHWAP is the same as federal Low-Income Home Energy Assistance Program (LIHEAP) (42 U.S.C. 8621-8630).  Any individual who is a resident of the State of Illinois, meets the federal eligibility requirements, and whose household income is not greater than 150% of the federal non-farm poverty level as established by the federal Office of Management and Budget (OMB) (or its successor) or 60% of the State median income for the current State fiscal year as established by the United States Department of Health and Human Services (HHS), is eligible to receive benefits under federal LIHWAP.  In establishing the assistance level for individuals, the Illinois Department of Commerce and Economic Opportunity (Department) shall consider factors including, but not limited to, economic conditions and the federal funding level.

 

d)         Application Initiation

Individuals may apply for assistance under federal LIHWAP at the Local Administrating Agency (LAA) office serving the area in which the applicant's household is located.  A joint application will be provided for federal LIHEAP and federal LIHWAP.  A current list of LAA offices is maintained on the Department's website, or may be obtained by calling or writing any office of the Department.

 

Section 105.20  Allocation of Grant Funds

 

a)         The Department shall allocate financial assistance for each county from sums available for any fiscal year from the federal LIHWAP grant as described in the State's plan to HHS.

 

b)         The Department shall determine allocations for each county from available funds.  The funds available shall be allocated to each county based on the Index of Need, which is equal to a county's number of Persons in Poverty divided by the total number of Persons in Poverty in the entire state.  "Persons in Poverty" is defined as residents at or below 150% of the OMB Poverty Income Guidelines.

 

c)         The Department shall notify the designated LAAs of the county allocations for which that agency is eligible to apply via the application process determined by the Department.

 

Section 105.30  Assistance Available

 

Assistance Options

All applicants that meet the eligibility requirements for federal LIHWAP as described in Section 105.10, are eligible to receive assistance under the following options:

 

a)         Option 1 (Emergency Assistance):

 

1)         If the eligible applicant or member of the eligible applicant's household: 

 

A)        is the customer of record of a water and/or wastewater service provider, and

 

B)        the household is disconnected from water service or in imminent threat of being disconnected as evidenced by the submission of a disconnection notice or the equivalent;

 

2)         Then a benefit payment will be made to the water and/or wastewater providers on behalf of the eligible applicant or member of the eligible applicant's household in the amount prescribed by the Department.  The maximum amount available for the benefit payment will be established by the Department on an annual basis but shall not exceed $1,500.

 

b)         Option 2 (Arrearage Assistance):

 

1)         If the eligible applicant or member of the eligible applicant's household:

 

A)        is the customer of record of a water and/or wastewater provider; and

 

B)        the household has an arrearage or arrearages to water and/or wastewater providers equal to or exceeding $250;

 

2)         Then a benefit payment will be made to the water and/or wastewater providers on behalf of the eligible applicant in the amount prescribed by the Department.  The maximum amount available for the benefit payment will be established by the Department on an annual basis but shall not exceed $1,500.

 

Section 105.40  Applicant Assistance

 

a)         Application and Enrollment

 

1)         Applications for assistance shall be submitted to LAAs. Such applications shall be processed on a full-time basis by LAAs until the funds are expended.

 

2)         The assistance will be provided to eligible applicants in the groups listed below, in the following order of priority:

 

A)        Households with disconnected water services;

 

B)        Households with pending disconnections of water services; and

 

C)        Households seeking help with arrearages.

 

3)         The LAAs shall either approve or disapprove a completed application as soon as practical but in no case longer than the timeframe established for the State Low Income Home Energy Assistance Program (see 47 Ill. Adm. Code 100.230(a)).

 

b)         Payment Process

LAAs will make payments on behalf of eligible applicants receiving assistance directly to the eligible applicant's household water and/or wastewater service provider.  This payment will be made in accordance with appropriate LAA grant agreements.