Attachment B - FY 2025 Model Plan Public Comments Response_1.16.24

Fiscal Year (FY) 2025 Low Income Home Energy Assistance Program (LIHEAP) Model Plan Public Comments

NEADA Comments	FY 2025 Model Plan	Decision/Comments
1.1 Components: Provide instructions for states that offer year-round programs and do not distinguish between heating and cooling assistance.	1.1 Check which components you will operate under the LIHEAP program. (Note: You must provide information for each component designated here as requested elsewhere in this plan.) Dates of Operation Start Date End Date Heating assistance Cooling assistance Weatherization assistance Summer Crisis Assistance Winter Crisis Assistance Year round assistance	No updates were made the Model Plan in response to this specific comment, but OCS will consider updates in the future. The Office of Community Services (OCS) has had discussions with some grant recipients regarding how year-round programs are currently administered. OCS would like to continue those discussions to fully understand what changes would need to be made in not only the LIHEAP model plan, but also all other required reporting. These conversations with grant recipients will help to better understand this issue and determine what appropriate next steps would be to change the model plan and reporting in the future.
1.1 Crisis Assistance: The proposal adds a question for “year-round assistance”. Please clarify if this is supposed to refer to year-round crisis assistance, or any year-round assistance.		The Model Plan Form has been updated in 1.1 to indicate Year round crisis assistance.
1.2. Percent of funds by component: Provide instructions for states that offer year-round programs and do not distinguish between heating and cooling assistance.	1.2 Estimate what amount of available LIHEAP funds will be used for each component that you will operate: The total of all percentages must add up to 100%. Percentage ( % ) Prior year totals (auto populate) Heating assistance Cooling assistance Summer crisis assistance Winter crisis assistance Year round crisis assistance Weatherization assistance Carryover to the following federal fiscal year Administrative and planning costs Services to reduce home energy needs including needs assessment (Assurance 16) Used to develop and implement leveraging activities TOTAL	No updates were made to the Model Plan in response to this specific comment. See response to 1.1 2605(c)(1) As part of the annual application required in subsection (a), the chief executive officer of each State shall prepare and furnish to the Secretary, in such format as the Secretary may require, a plan which-- (C) contains estimates of the amount of funds the State will use for each of the programs under such plan and describes the alternative use of funds reserved under section 2604(c) in the event any portion of the amount so reserved is not expended for emergencies; for this response.
Previous year’s plan: The question asks for the breakdown in funding from the previous year’s plan. HHS already has that information from prior submissions. This question should be automatically filled within OLDC from the grantee’s most recently submitted plan from the prior fiscal year with the ability for the grantee to edit if necessary. If HHS is requesting manual entry for this question, it should be deleted due to redundancy.		The Model Plan will not be updated as this field indicates the response to this question will be auto populated.
1.2. Year Round Programs: Please provide instructions on how to respond to this question for grantees that run year-round programs and do not distinguish between heating and cooling assistance.	1.2 Estimate what amount of available LIHEAP funds will be used for each component that you will operate: The total of all percentages must add up to 100%. Percentage (%) Prior year totals (auto populate) Heating assistance Cooling assistance Summer crisis assistance Winter crisis assistance Year round crisis assistance Weatherization assistance Carryover to the following federal fiscal year Administrative and planning costs Services to reduce home energy needs including needs assessment (Assurance 16) Used to develop and implement leveraging activities TOTAL	No updates were made to the Model Plan in response to this specific comment. See response to 1.1
1.2. Crisis Assistance: The proposal adds a question for “year-round assistance”. Please clarify if this is supposed to refer to year-round crisis assistance, or any year-round assistance.	1.2 Estimate what amount of available LIHEAP funds will be used for each component that you will operate: The total of all percentages must add up to 100%. Percentage (%)Prior year totals (auto populate) Heating assistance Cooling assistance Summer crisis assistance Winter crisis assistance Year round crisis assistance Weatherization assistance Carryover to the following federal fiscal year Administrative and planning costs Services to reduce home energy needs including needs assessment (Assurance 16) Used to develop and implement leveraging activities TOTAL	The Model Plan will not be updated in 1.2 to indicate Year round crisis assistance.
1.10a. Description of online application i. Box 1: Question specifies that online application is mailed in for processing. Expand to include other types of submission such as fax, e-mail, in-person, etc. ii. Box 3: Clarify definition of “locally available” – at subgrantee office? iii. Box 6: Replace “a link” with “links” to account for multiple subgrantee online processes.	1.10 Do you have an online application process Yes No, 1.10a If yes, describe the type of online application (select all boxes that apply, A PDF version of the application is available online and can be downloaded, filled out and mailed in for processing. A state-wide online application that allows a customer to complete data entry and submit an application electronically for processing One or more locally available online applications that allows a customer to complete data entry and submit an application electronically for processing Online application that is also mobile friendly Other, please describe If any of the above boxes are checked, please include a link here:	See question edits. The Model Plan Form will be updated based on the following suggested edits: i. Box 1: Question specifies that online application is mailed in for processing. Expand to include other types of submission such as fax, e-mail, in-person, etc. ii. Box 3: Clarify definition of “locally available” – at subgrantee office? iii. Box 6: Replace “a link” with “links” to account for multiple subgrantee online processes.
Question 1.10a requests information about online applications. Some states do not offer online applications but their subrecipients do. Collecting information on the processes of each subrecipient is burdensome and not necessary for the model plan.	1.10a If yes, describe the type of online application (select all boxes that apply A PDF version of the application is available online and can be downloaded, filled out and mailed in for processing. A state-wide online application that allows a customer to complete data entry and submit an application electronically for processing One or more locally available online applications that allows a customer to complete data entry and submit an application electronically for processing Online application that is also mobile friendly Other, please describe If any of the above boxes are checked, please include a link here:	The Model Plan Form will be edited based on suggestions made. The purpose of the question is to determine how grant recipients are administering the program and to ensure each local subgrant recipient is adhering to state-wide policies. Grant recipients are providing this assurance, which means they are aware of how local subgrant recipients are administering their programs. The question does not ask for specifics for each one, but to check the box where it is applicable. Will edit check box to state-wide app. This will also help with referrals for customers and stakeholders. Assurance (3) conduct outreach activities designed to assure that eligible households, especially households with elderly individuals or disabled individuals, or both, and households with high home energy burdens, are made aware of the assistance available under this title, and any similar energy-related assistance available under subtitle B of title VI (relating to community services block grant program) or under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 before the date of the enactment of this Act; Assurance (4) coordinate its activities under this title with similar and related programs administered by the Federal Government and such State, particularly low-income energy-related programs under subtitle B of title VI (relating to community services block grant program), under the supplemental security income program, under part A of title IV of the Social Security Act, under title XX of the Social Security Act, under the low-income weatherization assistance program under title IV of the Energy Conservation and Production Act, or under any other provision of law which carries out programs which were administered under the Economic Opportunity Act of 1964 before the date of the enactment of this Act
Question 1.12 requests information about in-person applications. Some states do not require applications but their subrecipients do. Collecting information on the processes of each subrecipient is burdensome and not necessary for the model plan.	1.12 Do you or any of your subrecipients require in person appointments in order to apply Yes No	The Model Plan Form will not be updated based on this comment because by asking this question, we are able to determine if the grant recipient is doing the necessary outreach and ensuring customers can apply in all ways possible (i.e., is the in-person appointment requirement causing an undue burden on applications being processed in a timely manner). Are they ensuring crisis assistance is being provided within the required timeframe. Section 2604(c) Of the funds available to each State under subsection (a), a reasonable amount based on data from prior years shall be reserved until March 15 of each program year by each State for energy crisis intervention. The program for which funds are reserved by this subsection shall be administered by public or nonprofit entities which have experience in administering energy crisis programs under the Low-Income Energy Assistance Act of 1980 or under this Act, experience in assisting low-income individuals in the area to be served, the capacity to undertake a timely and effective energy crisis intervention program, and the ability to carry out the program in local communities. The program for which funds are reserved under this subsection shall-- (1) not later than 48 hours after a household applies for energy crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits; (2) not later than 18 hours after a household applies for crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits and is in a life-threatening situation; and (3) require each entity that administers such program-- (A) to accept applications for energy crisis benefits at sites that are geographically accessible to all households in the area to be served by such entity; and (B) to provide to low-income individuals who are physically infirm the means-- (i) to submit applications for energy crisis benefits without leaving their residences; or (ii) to travel to the sites at which such applications are accepted by such entity.
1.12. In-Person Appointments. The question states “if yes, please provide more information.” Clarify the information HHS wants to have included.	1.12 Do you or any of your subrecipients require in person appointments in order to apply Yes No	The Model Plan Form will not be updated based on this comment because this is a yes or no question. We believe grant recipients must have this information on hand as their normal course of program administration. For many grant recipient information like this is included in their state-wide policy. Section 2604(C) The program for which funds are reserved under this subsection shall-- (1) not later than 48 hours after a household applies for energy crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits; (2) not later than 18 hours after a household applies for crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits and is in a life-threatening situation; and (3) require each entity that administers such program-- (A) to accept applications for energy crisis benefits at sites that are geographically accessible to all households in the area to be served by such entity; and (B) to provide to low-income individuals who are physically infirm the means-- (i) to submit applications for energy crisis benefits without leaving their residences; or (ii) to travel to the sites at which such applicant We are amiable to changing it to “does your state, territory or tribe-wide policy requires in-person appointments only in order to apply?” If Yes, clarify.
Questions 8.10 – 8.10c pertain to grantee knowledge of misuse of funds by a local agency that is no longer providing LIHEAP. These questions are not relevant to a state’s application for funding for the coming fiscal year.	8.10 If an subrecipient is no longer providing LIHEAP, are you aware of prior-year LIHEAP funds being mismanaged or misspent? Yes No 8.10a If yes, please explain: 8.10b Were other federal programs impacted such as CSBG, SSBG, Head Start, TANF, and Department of Energy Weatherization funding, etc. Yes No 8.10c if yes, please explain:	The Model Plan Form will not be updated based on this comment because it is important that grant recipients provide information to HHS on subgrant recipients who are no longer receiving funding to determine if federal LIHEAP funds are subject to disallowances and proper accounting of federal funds This is related to program integrity for federal resources. If there are issues the grant recipient is aware of for other federal programs, this is a risk factor HHS must be aware of. Assurance 10 Section 2605(10): provide that such fiscal control and fund accounting procedures will be established as may be necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this title, including procedures for monitoring the assistance provided under this title, and provide that the State will comply with the provisions of chapter 75 of title 31, United States Code (commonly known as the "Single Audit Act"); Also, 45 CFR 96.30
Question 9.5 requests a copy of the state´s vendor agreement. Some grantees do not enter into vendor agreements at the grantee level, instead their subrecipients have their own vendor agreements. In addition, vendor agreements may vary by fuel type and vendor. Collecting all of these agreements for submittal as part of the model plan is burdensome and not necessary.	9.5. Do you make payments contingent on unregulated vendors taking appropriate measures to alleviate the energy burdens of eligible households? Yes No If so, describe the measures unregulated vendors may take. Attach a copy of the vendor agreement	The Model Plan will be updated based on this comment to indicate they attach a copy of the template of the state-wide agreement and/or policy that indicates local agreements must adhere to state-wide policies and assurances. If the grant recipient does not have a copy of the vendor agreement, how to they ensure the vendor is adhering to the state-wide requirements and the LIHEAP statutes and regulations. Modify question Assurance 7: Section 2605(b)(7) if the State chooses to pay home energy suppliers directly, establish procedures to-- (A) notify each participating household of the amount of assistance paid on its behalf; (B) assure that the home energy supplier will charge the eligible household, in the normal billing process, the difference between the actual cost of the home energy and the amount of the payment made by the State under this title; (C) assure that the home energy supplier will provide assurances that any agreement entered into with a home energy supplier under this paragraph will contain provisions to assure that no household receiving assistance under this title will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; and (D) ensure that the provision of vendored payments remains at the option of the State in consultation with local grantees and may be contingent on unregulated vendors taking appropriate measures to alleviate the energy burdens of eligible households, including providing for agreements between suppliers and individuals eligible for benefits under this Act that seek to reduce home energy costs, minimize the risks of home energy crisis, and encourage regular payments by individuals receiving financial assistance for home energy costs; Also, 2605(b)(10) and 45 CFR 96.30
Question 10.1 – 10.1a: the additional instructions ask for a level of detail that go beyond the scope of the Model Plan Application.	10.1. How do you ensure proper fiscal accounting and tracking of funds? Be specific about tracking of grant award, tracking of expenditures, tracking vendor (benefit) refunds, fiscal reporting process, and fiscal software systems being used. 10.1a Provide Definitions for the following: Obligation: Expenditures: Expenditure timeframe: Administrative costs:	The Model Plan Form will not be updated based on this comment because the scope of the model plan is to ensure the grant recipient is adhering to the federal LIHEAP assurances in order to receive funding. These basic details are needed to ensure the grant recipient is adhering to those requirements. Also, there are uniform federal guidance from OMB that grant recipients must adhere to, including but limited to risk assessment and monitoring of subgrant recipients. Responses to these questions can be an effective T&TA tool to prevent future monitoring findings, including single audit disallowances. 2605(b)(10) and 45 CFR 96.30
Year-Round Programs Many states are now offering LIHEAP benefits year-round and do not distinguish between heating and cooling benefits. These programs cannot be accurately reported in the proposed Model Plan Application. In sections of the application that specify heating or cooling benefit, HHS should include instructions for how states with year-round programs should complete the section and add and options that apply to those states. Examples are provided in the attached list of changes.		No updates were made to the Model Plan in response to this specific comment. See response to 1.1
Additional Time Burden We are concerned about the significant increase in the explanation and detail required throughout the application. NEADA identified 12 new questions, 13 new explanation boxes, and 7 new attachments providing information about program aspects that have not been part of previous applications. The current burden estimate of 0.5 hours dramatically underestimates the time required to collect and enter the information required by the current form. Furthermore, while HHS estimates that the additional information will almost double the time required to complete the application in FY 2025, HHS believes that by FY 2026 it will take no longer than the current form. We disagree. The granularity that HHS has added to the application incudes program details that may change over the course of the fiscal year. Grantees will need to review each explanation box for accuracy and changes each year. They may also need to update these sections mid-year when program policies change. We anticipate that the time required to complete these new sections will be consistent in FY 2025 and beyond.		No updates were made to the Model Plan in response to this specific comment because additional explanation boxes were added under each question in order to separate out the explanation to make it easier for grant recipients to respond. The ask for additional explanations were in the prior year model plan, but were “lumped” into one box. This caused the review of the plan to take more time because additional responses were required. By having the explanations separated, it will be easier for the grant recipient to respond to the explanation to each specific question. Furthermore, the entire Model Plan form is programmed in the ACF’s Online Data Collection system. A cloning feature in the system in OLDC will clone all of the unchanged items from the prior year’s accepted plan. These features are designed to significantly reduce data entry burden of all grant recipients, regardless of the amount of funding they receive.
Heating/Cooling Assistance a. General: Provide instructions for states that offer year-round programs and do not distinguish between heating and cooling assistance. b. 2.6. & 3.6 Benefit Levels. The proposal adds instructions that benefit levels must be shown in the benefit matrix. It is unclear from this instruction that HHS is referring to the heating and cooling benefit matrices that the grantee is asked to attach to the application.		No updates were made to the Model Plan in response to this specific comment. In response to b. We will explain in the instructions that: The maximum and minimum benefit must match the attached benefit matrix. The matrix must show varying benefit levels by income in relation to family size, home energy costs/needs. If a grant recipient administers heating, cooling, and crisis programs, benefit levels for each type must be shown in the benefit matrix. States that provide year-round program should indicate so on their benefit matrix and show benefit amounts. Section 2605(b)(5) provide, in a timely manner, that the highest level of assistance will be furnished to those households which have the lowest incomes and the highest energy costs or needs in relation to income, taking into account family size, except that the State may not differentiate in implementing this section between the households described in clauses (2)(A) and (2)(B) of this subsection;
4.18. Disaster Assistance. It is unclear whether this question is asking whether states set aside crisis funds for the express purpose of disaster response, or whether they will redirect crisis funds for that purpose in the case of a disaster related crisis. It is impossible to predict disaster spending. Disaster response requires state-wide coordination and the needs of LIHEAP funds will vary depending on the disaster the state faces.	4.18 Do you intend to utilize LIHEAP crisis funds to address disaster related crisis situations? Yes No	The Model Plan will be updated, and the question edited the question to add if the grant recipient is experience a natural disaster if they intend to use LIHEAP crisis funds to address disaster related crisis situation.
16. Performance Goals and Measures – This section should be deleted. The performance measures data has been required for almost a decade.	Section 16: Performance Goals and Measures, 2605(b) - Required for States Only 16.1 Describe your progress toward meeting the data collection and reporting requirements of the four required LIHEAP performance measures. Include timeframes and plans for meeting these requirements and what you believe will be accomplished in the coming federal fiscal year.	No updates were made to the Model Plan in response to this specific comment because although significant amount of progress has been made in this front, by asking this question, OCS is able to understand to what extent a grant recipient is prepared to provide acceptable performance data to HHS. Information received through each year’s grant application or Model Plan is used to identify training and technical assistance needs. Section 2605. Not later than 18 months after the date of the enactment of the Low-Income Home Energy Assistance Amendments of 1994, the Secretary shall develop model performance goals and measurements in consultation with State, territorial, tribal, and local grantees, that the States may use to assess the success of the States in achieving the purposes of this title. The model performance goals and measurements shall be made available to States to be incorporated, at the option of the States, into the plans for fiscal year 1997. The Secretary may request data relevant to the development of model performance goals and measurements.