                                 CODE OF VIRGINIA

 HOME ENERGY ASSISTANCE PROGRAM; REPORT; SURVEY (§ 63.2-805)

A. The General Assembly declares that it is the policy of this Commonwealth to
support the efforts of public agencies, private utility service providers, and
charitable and community groups seeking to assist low-income Virginians in
meeting their residential energy needs. To this end, the Department is
designated as the state agency responsible for coordinating state efforts in
this regard.

B. There is hereby created in the state treasury a special nonreverting fund to
be known as the Home Energy Assistance Fund, hereinafter the &#8220;Fund.&#8221;
Moneys in the Fund shall be used to:

   1. Supplement the assistance provided through the Department&#8217;s
   administration of the federal Low-Income Home Energy Assistance Program Block
   Grant; and

   2. Assist the Commonwealth in maximizing the amount of federal funds available
   under the Low-Income Home Energy Assistance Program and the Weatherization
   Assistance Program by providing funds to comply with fund-matching
   requirements, and by means of leveraging in accordance with the rules set by
   the Home Energy Assistance Program.
   				The Fund shall be established on the books of the Comptroller. The Fund
   shall consist of donations and contributions to the Fund and such moneys as
   shall be appropriated by the General Assembly. Interest earned on money in the
   Fund shall remain in the Fund and be credited to it. Any moneys remaining in
   the Fund, including interest thereon, at the end of each fiscal year shall not
   revert to the general fund but shall remain in the Fund. Moneys in the Fund
   shall be used solely for the purposes set forth in this section. The State
   Treasurer shall make expenditures and disbursements from the Fund on warrants
   issued by the Comptroller upon written request signed by the Commissioner. Up
   to twelve percent of the Fund may be used to pay the Department&#8217;s
   expenses in administering the Home Energy Assistance Program.

C. The Department shall establish and operate the Home Energy Assistance
Program. In administering the Home Energy Assistance Program, it shall be the
responsibility of the Department to:

   1. Administer distributions from the Fund;

   2. Lead and facilitate meetings with the Department of Housing and Community
   Development, the Department of Energy, and other agencies of the Commonwealth,
   as well as any nonstate programs that elect to participate in the Home Energy
   Assistance Program, for the purpose of sharing information directed at
   alleviating the seasonal energy needs of low-income Virginians, including
   needs for weatherization assistance services;

   3. Collect and analyze data regarding the amounts of energy assistance
   provided through the Department, categorized by fuel type in order to identify
   the unmet need for energy assistance in the Commonwealth;

   4. Develop and maintain a statewide list of available private and governmental
   resources for low-income Virginians in need of energy assistance; and

   5. Report annually to the Governor and the General Assembly on or before
   October 1 of each year through October 1, 2007, and biennially thereafter, on
   the effectiveness of low-income energy assistance programs in meeting the
   needs of low-income Virginians. In preparing the report, the Department shall:
   				a. Conduct a survey biennially in each year that the report is due to the
   General Assembly that shall collect information regarding the extent to which
   the Commonwealth&#8217;s efforts in assisting low-income Virginians are
   adequate and are not duplicative of similar services provided by utility
   services providers, charitable organizations and local governments;
   				b. Obtain information on energy programs in other states; and
   				c. Obtain necessary information from the Department of Housing and
   Community Development, the Department of Energy, and other agencies of the
   Commonwealth, as well as any nonstate programs that elect to participate in
   the Home Energy Assistance Program, to complete the biennial survey and to
   compile the required report. The Department of Housing and Community
   Development, the Department of Energy, and other agencies of the Commonwealth,
   as well as any nonstate programs that elect to participate in the Home Energy
   Assistance Program, shall provide the necessary information to the Department.
   				The Department is authorized to assume responsibility for administering
   all or any portion of any private, voluntary low-income energy assistance
   program upon the application of the administrator thereof, on such terms as
   the Department and such administrator shall agree and in accordance with
   applicable law and regulations. If the Department assumes administrative
   responsibility for administering such a voluntary program, it is authorized to
   receive funds collected through such voluntary program and distribute them
   through the Fund.

D. Local departments may, to the extent that funds are available, promote
interagency cooperation at the local level by providing technical assistance,
data collection and service delivery.

E. Subject to Board regulations and to the availability of state or private
funds for low-income households in need of energy assistance, the Department is
authorized to:

   1. Receive state and private funds for such services; and

   2. Disburse funds to state agencies, and vendors of energy services, to
   provide energy assistance programs for low-income households.

F. Actions of the Department relating to the review, allocation and awarding of
benefits and grants shall be exempt from the provisions of Article 3 (&#xA7;
2.2-4018 et seq.) and Article 4 (&#xA7; 2.2-4024 et seq.) of Chapter 40 of the
Administrative Process Act (&#xA7; 2.2-4000 et seq.).

G. No employee or former employee of the Department shall divulge any
information acquired by him in the performance of his duties with respect to the
income or assistance eligibility of any individual or household obtained in the
course of administering the Home Energy Assistance Program, except in accordance
with proper judicial order. The provisions of this section shall not apply to
(i) acts performed or words spoken or published in the line of duty under law;
(ii) inquiries and investigations to obtain information as to the implementation
of this chapter by a duly constituted committee of the General Assembly, or when
such inquiry or investigation is relevant to its study, provided that any such
information shall be privileged; or (iii) the publication of statistics so
classified as to prevent the identification of any individual or household.

HISTORY: 2001, c. 676, §§ 63.1-336, 63.1-337, 63.1-338, 63.1-339, 63.1-340,
63.1-341, 63.1-342, 63.1-343, 63.1-339; 2002, cc. 243, 747; 2007, c. 312; 2009,
c. 127; 2021, Sp. Sess. I, c. 532.