Low income Home Energy Assistance Act of 1981
Public Law 97-35, as amended
STATE ALLOTMENTS
Section 2604.
(a) (1)
(B) From the sums appropriated therefor after reserving any amount permitted to be reserved under section 2609A, if for any period a State has a plan which is described in section 2605(c)(1), the Secretary shall pay to such State an amount equal to 100 percent of the expenditures of such State made during such period in carrying out such plan, including administrative costs (subject to the provisions of section 2605(b)(9)(B)), with respect to households described in section 2605(b)(2).
(2) For purposes of paragraph (1), for fiscal year 1985 and thereafter, a State's allotment percentage is the percentage which expenditures for home energy by low income households in that State bears to such expenditures in all States, except that States which thereby receive the greatest proportional increase in allotments by reason of the application of this paragraph from the amount they received pursuant to Public Law 98-139 shall have their allotments reduced to the extent necessary to ensure that—
(A) (i) no State for fiscal year 1985 shall receive less than the amount of funds the State received in fiscal year 1984; and
(ii) no State for fiscal year 1986 and thereafter shall receive less than the amount of funds the State would have received in fiscal year 1984 if the appropriations for this title for fiscal year 1984 had been $1,975,000,000, and
(B) any State whose allotment percentage out of funds available to States from a total appropriation of $2,250,000,000 would be less than 1 percent, shall not, in any year when total appropriations equal or exceed $2,250,000,000, have its allotment percentage reduced from the percentage it would receive from a total appropriation of $2,140,000,000.
(3) If the sums appropriated for any fiscal year for making grants under this title are not sufficient to pay in full the total amount allocated to a State under paragraph (1) for such fiscal year, the amount which all States will receive under this title for such fiscal year shall be ratably reduced.
(4) For the purpose of this section, the Secretary shall determine the expenditure for home energy by low income households on the basis of the most recent satisfactory data available to the Secretary.
(42 U.S.C. 8623)
Low income Home Energy Assistance Act of 1981
Public Law 97-35, as amended
APPLICATIONS AND REQUIREMENTS
Section 2605.
(b) As part of the annual application required by subsection (a), the chief executive officer of each State shall certify that the State agrees to--
(2) make payments under this title only with respect to--
(B) households with incomes which do not exceed the greater of--
(i) an amount equal to 150 percent of the poverty level for such State; or
(ii) an amount equal to 60 percent of the State median income; except that a State may not exclude a household from eligibility in a fiscal year solely on the basis of household income if such income is less than 110 percent of the poverty level for such State, but the State may give priority to those households with the highest home energy costs or needs in relation to household income;