Maine Code § 22-3108

Standard utility allowance
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When the department becomes aware of any decisions made by a public entity or an entity operating
a publicly subsidized assistance program that adversely impacts eligibility for, or the amount of
assistance to, households receiving assistance under the Supplemental Nutrition Assistance Program
pursuant to section 3104, the department shall work in cooperation with that entity to achieve a
resolution that minimizes the adverse impact on households receiving SNAP benefits. [PL 2021, c.
398, Pt. OO, §15 (AMD).]
1. Examination of options. When federal law governing either the Supplemental Nutrition
Assistance Program or the Low-Income Home Energy Assistance Program is amended to eliminate the
eligibility link whereby the SNAP standard utility allowance is automatically available to households
receiving low-income home energy assistance benefits, the department shall immediately:
A. Examine and, if feasible, seek a waiver or grant of demonstration authority from the federal
Department of Agriculture to continue to use the SNAP standard utility allowance in determining
the amount of SNAP benefits available to households that previously qualified for that allowance
solely by reason of receipt of low-income home energy assistance benefits; [PL 2021, c. 398, Pt.
OO, §15 (AMD).]
B. Determine, in cooperation with all appropriate entities operating publicly subsidized housing
programs, a method of providing individualized bills or appropriate documentation for tenants in
subsidized housing that would identify the tenants' shares of incurred heating costs, if doing so
would qualify these tenants for the SNAP standard utility allowance; [PL 2021, c. 398, Pt. OO,
§15 (AMD).]
C. Determine if federal law would permit the use of the standard utility allowance by households
that previously qualified for that allowance solely on the basis of receipt of low-income home
energy assistance benefits and implement that section of law if doing so would not result in any
increase in the households' rent and energy costs or any reduction in SNAP allotments to either
those households or any other households receiving SNAP benefits; and [PL 2021, c. 398, Pt.
OO, §15 (AMD).]
D. If none of the alternatives listed in paragraphs A to C result in making the SNAP standard utility
allowance available to households that had received it before the change in federal law,
immediately estimate the General Fund cost of providing allotments to affected households in an
amount equal to the amount they would have received had the federal law not been amended, and
promptly provide that information to the joint standing committee of the Legislature having
jurisdiction over human resources matters. [PL 2021, c. 398, Pt. OO, §15 (AMD).]
[PL 2021, c. 398, Pt. OO, §15 (AMD).]
2. Notice. The department shall provide prompt written notice to households affected by any
change in federal law related to the eligibility link between the Supplemental Nutrition Assistance
Program and the Low-Income Energy Assistance Program, or by any waiver received pursuant to this
section, of the steps that households may take to gain eligibility for the SNAP standard utility
allowance.

[PL 2021, c. 398, Pt. OO, §15 (AMD).]
3. Waiver. The department shall immediately seek a waiver or demonstration authority to operate
a demonstration project from the federal Department of Agriculture that would make the SNAP
standard utility allowance available to households that incur a heating or cooling cost separate from
their rent or mortgage, even if those bills are not based on actual usage as determined by individualized
metering.
[PL 2021, c. 398, Pt. OO, §15 (AMD).]
4. Revised waiver application. When federal approval for the waiver or demonstration authority
described in this section is not granted, the department may submit a revised waiver request to
accomplish the objectives of this section as fully as possible.
[PL 1995, c. 629, §1 (NEW).]
5. Limitation. This section must be implemented within the limits of the department's existing
General Fund resources.
[PL 1995, c. 629, §1 (NEW).]

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