99- 346 C.M.R. ch. 25, § 1

Current through 2024-51, December 18, 2024

Section 346-25-1 - Definitions

As used in this rule, the following terms shall have the identified meaning, unless the context otherwise requires:

A. "Administration" means the management and planning activities respecting WAP that are reimbursable under Section 2 of this Rule;

B. "Act" means the Maine Housing Authorities Act, 30-A M.R.S.A. §4701et seq., as it may be amended from time to time;

C. "APA" means the Maine Administrative Procedures Act, Title 5, chapter 375 of the Maine Revised Statutes;

D. "Appellant" means an individual or entity requesting a Fair Hearing under this Rule;

E. "Catchment Area" means the geographic area within which the Subgrantee administers and operates WAP;

F. "CHIP" means the Central Heating Improvement Program component of HEAP;

G. "Completion Date" means the day that the Subgrantee allocates a source of WAP funds to pay for Weatherization Materials and services respecting a Dwelling Unit and deems the unit complete for billing purposes;

H. "DOE" means the United States Department of Energy;

I. "Dwelling Unit" shall have the same meaning asset forth in 10 C.F.R. § 440.3, as may be amended from time to time;

J. "ECIP" means the Energy Crisis Intervention Program component of HEAP;

K. "Elderly" shall have the same meaning asset forth in 42 U.S.C. § 6962(3) and 10 C.F.R. § 440.3, both as may be amended from time to time;

L. "Eligible Household" means a house hold which qualifies for services pursuant to this rule;

M. "Emergency" means an unexpected circumstance which poses an immediate threat to the health or safety of one or more members of an Eligible Household;

N. "Extenuating Circumstances" means substantial hardship respecting the Subgrantee's compliance with this rule or other significant program requirements;

O. "Fair Hearing" means a hearing and opportunity to be heard called for by the Weatherization Act;

P. "Fair Hearing Officer" means a hearing officer contracted for by Maine Housing to conduct Fair Hearings under this Rule;

Q. "HEAP" means the Home Energy Assistance Program as administered and operated by Maine Housing;

R. "Household Income" means gross income of a household earned and/or received before taxes during applicable tax year(s) for purposes of determining whether the household is an Eligible Household and includes the following:

1. Money, wages and salaries before any deductions;

2. Net receipts from non-farm or farm self-employment (receipts from a person's own business or from an owned or rented farm after deductions for business or farm expenses);

3. Regular payments from social security, rail road retirement, unemployment compensation, strike benefits from union funds, worker's compensation, veteran's payments, training stipends, alimony, and military family allotments;

4. Private pensions, government employee pensions (including military retirement pay), and regular insurance or annuity payments;

5. Dividends and/or interest;

6. Net rental income and net royalties;

7. Periodic receipts from estates or trusts; and

8. Net gambling or lottery winnings.

Household Income does not include the following:

1. Capital gains;

2. Any assets drawn down as with drawals from a bank;

3. Money received from the sale of a property, house, or car;

4. One-time payments from a welfare agency to a family or person who is intemporary financial difficulty;

5. Tax refunds;

6. Gifts, loans, or lump-sum in heritances;

7. College scholarships;

8. One-time insurance payments, or compensation for injury;

9. Non-cash benefits, such as the employer-paid or union-paid portion of health insurance;

10. Employee fringe benefits, food or housing received in lieu of wages;

11. The value of food and fuel produced and consumed on farms;

12. The imputed value of rent from owner-occupied non-farm or farm housing;

13. Depreciation for farm or business assets;

14. Federal non-cash benefit programs such as Medicare, Medicaid, Food Stamps, school lunches, and housing assistance;

15. Combat zone pay to the military;

16. Child support;

17. Reverse mortgages; and

18. Payments for care of foster children;

S. "Incidental Repairs" shall have the same meaning asset forth in 10 C.F.R. § 440.3, as may be amended from time to time;

T. "Low-cost/no-cost Weatherization Activities" mean those activities authorized pursuant to 10 C.F.R. § 440.20, as may be amended from time to time;

U. "Rework" means additional WAP activities necessary to correct significant deficiencies respecting the installation or quality of Weatherization Materials as determined by Maine Housing respecting a specific Dwelling Unit;

V. "Self-help Weatherization" means the installation of a substantial amount of Weatherization Materials by a member of the Eligible Household, by volunteer labor designated by the Eligible Household, by local community groups, or by any other non-Weatherization funded labor procured by the Eligible Household;

W. "State Plan" means that document complying with the requirements of 10 C.F.R. § 440.14, as may be amended from time to time, and Section 9 of this rule;

X. "Subgrantee" shall have the same meaning asset forth in 10 C.F.R. § 440.3, as may be amended from time to time;

Y. "Weatherization Act" means the federal law and regulations that govern WAP including with out limitation, 42 U.S.C. § 6861et seq., 10 C.F.R. § 440.1et seq., 2 C.F.R. Part 200, and formal guidance from DOE, all as may be amended from time to time;

Z. "Weatherization Materials" shall have the same meaning asset forth in 10 C.F.R. § 440.3 as may be amended from time to time.

99- 346 C.M.R. ch. 25, § 1