921 KAR 4:119reg. Repeal of 921 KAR 4:118

      Section 1. 921 KAR 4:118, Weatherization assistance for low income persons, is hereby repealed.

 

ADRIA JOHNSON, Commissioner

VICKIE YATES BROWN GLISSON, Secretary

      APPROVED BY AGENCY: May 26, 2016

      FILED WITH LRC: June 13, 2016 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on July 21, 2016, at 9:00 a.m. in the Health Services Auditorium, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by July 14, 2016, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. You may submit written comments regarding this proposed administrative regulation until close of business August 1, 2016. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Tricia Orme, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone [phone], fax [phone], [e-mail].

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact: Elizabeth Caywood

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation repeals 921 KAR 4:118, Weatherization assistance for low income persons.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary due to the transfer of the program from this department to the Finance and Administration Cabinet in 2009. The program is no longer administered or delivered through this department, and this administrative regulation has lost applicability.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This administrative regulation is not an amendment.

      (b) The necessity of the amendment to this administrative regulation: This administrative regulation is not an amendment.

      (c) How the amendment conforms to the content of the authorizing statutes: This administrative regulation is not an amendment.

      (d) How the amendment will assist in the effective administration of the statutes: The administrative regulation is not an amendment.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons. Kentucky’s Weatherization Assistance Program is administered and delivered through the Finance and Administration Cabinet and its partners. There is no impact to entities formerly regulated by this administrative regulation.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: There is no cost associated with the repeal of 921 KAR 4:118, Weatherization assistance for low income persons.

      (b) On a continuing basis: There is no ongoing cost associated with the repeal of 921 KAR 4:118, Weatherization assistance for low income persons.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There is no source of funding associated with the repeal of 921 KAR 4:118, Weatherization assistance for low income persons.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons, due to the program’s transfer to another organizational unit within state government. There is no fee or funding impact.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: There are no fees associated with the repeal of 921 KAR 4:118, Weatherization assistance for low income persons.

      (9) TIERING: Is tiering applied? There is no tiering applied in the repeal of 921 KAR 4:118, Weatherization assistance for low income persons.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Cabinet for Health and Family Services, Department for Community Based Services will no longer have this obsolete administrative regulation under its purview. The Weatherization Assistance Program is currently administered and delivered through the Finance and Administration Cabinet and its partners.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The only purpose of this administrative regulation is to repeal 921 KAR 4:118, Weatherization assistance for low income persons, due to the program’s transfer to another organizational unit within state government. This administrative regulation generates no new revenue in its first year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation creates no new revenue in subsequent years.

      (c) How much will it cost to administer this program for the first year? This administrative regulation will create no new costs in the first year.

      (d) How much will it cost to administer this program for subsequent years? This administrative regulation will create no new costs in subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation:

Notation

      RELATES TO: KRS 194A.030, 10 C.F.R. Part 440, 29 U.S.C. 791, 42 U.S.C. 423, 12102(2), 1382, 6861-6873, 9902(2), Pub.L. 109-58

      STATUTORY AUTHORITY: KRS 194A.050(1), 42 U.S.C. 6861

      NECESSITY, FUNCTION, AND CONFORMITY: 42 U.S.C. 6861 authorizes the states to implement a weatherization program. The Cabinet for Health and Family Services is authorized by KRS 194A.050(1) to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for receipt of federal funds and as are necessary to cooperate with federal agencies for the proper administration of the cabinet and its programs. This administrative regulation repeals 921 KAR 4:118, which is obsolete due to the transfer of weatherization assistance to another organizational unit within the executive branch in 2009. The requirements of the weatherization program shall be established by the Finance and Administration Cabinet and its partners.