Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,046
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(5) County Weather Factor (weight of 10%)--Defined by
the Department as:
(A) County heating degree days plus the county cool-
ing degree days, multiplied by the poverty Households, divided by the
sum of county heating degree days and county cooling degree days of
counties (equals County Weather); and
(B) County Weather divided by the total sum of the
State County Weather.
(c) All demographic factors are based on the most recent de-
cennial U.S. Census for which Census Bureau published information
is available.
(d) The total sum of subsection (b)(1) - (5) of this section, mul-
tiplied by total funds allocation, equals the county's allocation of funds.
The sum of the county allocations within each Subrecipient Service
Area equals the Subrecipient's total allocation of funds.
(e) The Department may, in the future, undertake to reprocure
the entities that comprise the network of CEAP providers, in which
case this allocation formula will be reassessed and, if material changes
are needed, amended by rulemaking.
6.304. Deobligation and Reobligation of CEAP Funds.
(a) A written "Notification of Possible Deobligation" will be
sent to the Executive Director and the Board of Directors or other gov-
erning body of the Subrecipient by the Department in a timely manner
when the Department identifies that a criterion listed in subsection (b)
or (c) of this section is at risk of not being met.
(b) The Department may Deobligate funds from all budget cat-
egories from Subrecipients whose combined Direct Services Expen-
ditures and Customer Obligations are less than 30% as of the April
15 Monthly Performance and Expenditure Report. Subrecipient may
avoid Deobligation at this point if one of the following has occurred:
(1) On or before the first business day in April, the Subre-
cipient has submitted a written request for an exception due to extenuat-
ing circumstances with a plan to improve Direct Services Expenditures
and Customer Obligations. The request and plan must be approved by
the Department in writing; or
(2) On or before the first business day in April, the Sub-
recipient has submitted a written request for training and/or technical
assistance. Once such assistance has been delivered, as determined by
the Department, the Subrecipient must submit a clear specific plan, as
outlined by the Department, for improving Direct Services Expendi-
tures and Customer Obligations, and that plan must be approved by the
Department in writing.
(c) The Department may Deobligate funds from all budget cat-
egories from Subrecipients whose combined Direct Services Expendi-
tures and Customer Obligations are less than 50% as of the June 15
Monthly Performance and Expenditure Report, unless on or before the
first business day in June the Subrecipient submits a written request for
an exception due to extenuating circumstances with a plan to improve
Direct Services Expenditures and Customer Obligations. The request
and plan must be approved by the Department in writing.
(d) Funds Deobligated under this section, or additional funds
should they become available, will be Reobligated proportionally by
the formula described in 6.303 of this subchapter (relating to Distri-
bution of CEAP Funds), or if six months or less remain for the Depart-
ment to expend the funds another method approved by the Department's
Board amongst all Subrecipients that did not have any funds Deobli-
gated to ensure full utilization of funds.(e) A Subrecipient which has had funds Deobligated under
subsection (b) or (c) of this section that fully Expends the reduced
amount of its Contract by January 31 of the following year as reported
in the Monthly Performance and Expenditure Report due February 15,
will have access to the full amount of the following Program Year
CEAP allocation. A Subrecipient which has had funds Deobligated
under subsection (b) or (c) of this section that fails to fully expend the
reduced amount of its Contract will automatically have the following
Program Year CEAP allocation Deobligated by the lesser of 24.99%,
or the proportional amount that had been Deobligated from the prior
ear Contract.
(f) The cumulative balance of the funds made available
through subsection (e) of this section will be allocated proportionally
by the formula described in 6.303 of this subchapter to the Subrecip-
ients not having funds reduced under that subsection.
(g) In no event will involuntary Deobligations that occur
through subsection (b) or (c) of this section exceed 24.99% of the
Subrecipient's Program Year CEAP Contracted Funds, without an
opportunity for a hearing as required by Tex. Gov't Code, Chapter
2105.
(h) Failure by the Subrecipient to Expend 98% of a prior year
Contract by the Monthly Performance and Expenditure Report due
April 15th of the subsequent year for two consecutive original Con-
tract Terms is good cause for nonrenewal of a Contract.
6.305. Subrecipient Eligibility.
(a) The Department administers the program through the ex-
isting Subrecipients that have demonstrated that they are operating the
program in accordance with their Contract, the Economic Opportunity
Act of 1964, the Low-Income Home Energy Assistance Act of 1981,
as amended (42 U.S.C. 8621, et seq.), and the Department rules. If
a Subrecipient is successfully administering the program, the Depart-
ment may offer to renew the Contract.
(b) If the Department determines that a Subrecipient is not ad-
ministering the program satisfactorily, the Subrecipient will be notified
of such a Finding as provided for in 6.11 of this chapter (relating to
Compliance Monitoring) or otherwise notify the Subrecipient in ac-
cordance with 1.411 of this title (relating to Administration of Block
Grants under 2105 of the Texas Government Code), and the Subrecip-
ient may be required to take corrective actions to remedy the problem.
If Subrecipient fails to correct the Finding, or take other corrective ac-
tions, in order to ensure continuity of services, the Department may
reassign up to 24.99% of the funds for the Service Area to one or more
other existing Subrecipients.
(c) If the Subrecipient does not complete the corrective action
within the required timeframe, the Department may conduct a solici-
tation for selection of an interim Subrecipient. The affected Subrecip-
ient may request a hearing in accordance with the Tex. Gov't Code,
2105.204.
(d) If it is necessary to designate a new Subrecipient to admin-
ister CEAP, the Department shall give special consideration to Subre-
cipients receiving funds under LIHEAP or DOE WAP, in accordance
with Assurance 6 of the Low Income Home Energy Assistance Act of
1981.
6.306. Service Delivery Plan.
Prior to any Expenditure of funds, Subrecipient is required to submit on
an annual basis a Service Delivery Plan (SDP), which includes informa-
tion on how they plan to implement CEAP in their Service Area. The
SDP must: establish a Subrecipient's priority rating sheet and priority
Households; the alternate billing method; how customer education is46 TexReg 6046 September 17, 2021 Texas Register
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/64/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.