Tracking #2010-00347 
FA/P 7/9/10, eff. 9/1/10

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[I:/10041301.doc]

(9 CCR 2503-1)

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Revision of Sections 3.752.22 and 3.758.47 were final adoption following publication at the 7/9/2010 State Board rule-making session, with an effective date of 9/1/2010 (Rule-making# 10-4-13-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration.

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3.752.22  Income and Household Size Criteria [Rev. eff. 9/1/10]

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C.  All applicant households whose countable income for the eligibility period is equal to or less than 185% of the poverty level, shall meet the income requirements for the Basic Program. The State Department shall adjust the income limits annually based on the federal poverty guidelines published in the Federal Register applicable at the time of application; no later editions or amendments are included. By September 1 of each year, that information shall be made available to the county departments through an agency letter. The federal poverty guidelines may be examined by contacting the Colorado Department of Human Services, Director of the Division of Low-Income Energy Assistance, 789 Sherman Street, Suite 440, Denver, Colorado 80203; at a state publications depository library; or on the federal web site at: http://aspe.hhs.gov/poverty.

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3.758.47  Methodology for Calculating Basic Program Benefits [Rev. eff. 9/1/10]
The payment amount for an eligible basic program household shall be determined in accordance with the following method:
Step A.  Determine Estimated Home Heating Costs (EHHC)
The county department shall determine estimated home heating costs for November 1st through April 30th for the household's current residence at the time of application. The methodology for calculating estimated home heating costs is outlined below.
The county department shall determine the applicant household's estimated home heating costs as follows:
1.  An applicant household's estimated home heating cost shall consist of the total actual home heating costs for the primary heating fuel for November 1st through April 30th, of the prior year's heating season. Vendors serving applicant households shall be required to supply actual home heating costs for November 1st through April 30th of the prior year's heating season.
2.  For any applicant whose home heating costs for the prior year's heating season are not available or determined by the county department to be invalid, the county department shall use the flat rate amount. The State Department shall adjust the flat rate amounts annually based on the average actual home heating costs found in the LEAP system by dwelling type for the prior year’s heating season and make that information available by September 1of each year to the county departments through an Agency Letter. 
3.  The State Department shall adjust the standard rates for heat in rent annually based on the flat rate amounts adjustment and make that information available by September 1 of each year to the county departments through an Agency Letter.

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