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Presentation, discussion, and possible action on approval of the 2025 Low Income Home Energy Assistance Program State Plan for submission to the U.S. Department of Health and Human Services and approval of the associated 2025 awards
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RECOMMENDED ACTION
recommendation
WHEREAS, the Texas Department of Housing and Community Affairs (the Department) develops and submits a State Plan to the U.S. Department of Health and Human Services (USHHS) each year to administer the Low Income Home Energy Assistance Program (LIHEAP);
WHEREAS, the Board approved a draft 2025 LIHEAP State Plan on April 11, 2024, which was then made available for public comment and that public comment is addressed in Attachment A;
WHEREAS, the final 2025 LIHEAP State Plan (the Plan) includes the awards to Subrecipients of 2025 LIHEAP funds as recommended through the Previous Participation Review and Approval Process (PPRAP) in Attachment B; and
WHEREAS, USHHS has made substantive changes to the 2025 LIHEAP Model Plan since the approval of the Draft Plan for public comment to provide additional clarification and request further details on program administration;
NOW, therefore, it is hereby
RESOLVED, that the Executive Director or his designee are hereby authorized, empowered, and directed, for and on behalf of this Board to submit the Plan to USHHS and upon USHSS approval of such Plan to contract for the awards represented in the Plan and in connection therewith to execute, deliver, and cause to be performed such amendments, documents, and other writings such as anticipated grant guidance on development of the Plan from USHHS or to make such non-substantive technical corrections as they or any of them may deem necessary or advisable to effectuate the foregoing.
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BACKGROUND
The Department develops and submits a LIHEAP Plan each year on or before September 1 to USHHS. USHHS provides a Model Plan to guide the format and content. The draft, upon approval by the Board on April 11, 2024, was released for public comment. The public comment period was open from April 26, 2024, to May 21, 2024, and public hearings were held at four locations around the state May 14-16, 2024. An individual representing one organization commented on the draft. A summary of this comment with a Department response is provided in Attachment A.
It should be noted that the Plan follows a template and series of required responses pre-determined by USHHS with character limitations and specific instructions. Also, the Plan has yet to be reviewed and approved by USHHS. In its review, it is common for USHHS to request corrections to the Plan. Earlier this year, after the Board approved the release of the Draft Plan for public comment, Department staff became aware of an Action Transmittal from USHHS explaining that USHHS had made substantive changes to the Model Plan for purposes of clarity and to request further details on how the program is administered. Staff recommends the Board authorize staff to make the necessary required changes to ensure USHHS approval.
The Previous Participation Rule (10 TAC, Chapter 1, Subchapter C, §1.302) requires a review of LIHEAP awards prior to recommendation to the Board. These LIHEAP awards are subject to this review and are listed in Attachment B. The review has been performed and all awards in Attachment B are recommended for award with no conditions except for South Texas Development Council which is recommended for award with the following condition:
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Condition |
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South Texas Development Council |
South Texas Development Council is required to provide all documentation relating to the FYE 2022 Single Audit on or before November 30, 2024. The compliant Single Audit must be uploaded to the Federal Audit Clearinghouse, with confirmation provided to the Department. Depending on the results of that Single Audit, the Department may impose additional conditions upon the Contract in accordance with 2 CFR §200.207. Additionally, South Texas Development Council is notified that failure to complete this condition may serve as good cause under 10 TAC 1.411(f) for nonrenewal or reduction of block grant funds. |