WSR 17-05-077
(Economic Services Administration)
[Filed February 14, 2017, 8:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-17-143.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-400-0047 in order to remove the pure food assistance program (FAP) households from the heat and eat program to be consistent with federal requirements for the low-income energy assistance program (LIHEAP).
Hearing Location(s): Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on March 21, 2017, at 10:00 a.m.
Date of Intended Adoption: Not earlier than March 22, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax (360) 664-6185, by 5:00 p.m., March 21, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by March 7, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes proposed under this filing remove from the heat and eat program FAP households that do not contain at least one United States citizen or qualified alien as defined under WAC 388-424-0001, as required by 8 U.S.C. Section 1611 (a)(1).
Reasons Supporting Proposal: The department may not provide a heat and eat LIHEAP benefit to households that do not include at least one person meeting the United States Department of Health and Human Services new citizenship or qualified alien status requirements.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.515, 74.08.090, 74.04.500, 74.08A.010, 74.08A.903, Food and Nutrition Act of 2008 (P.L. 110-246, 7 U.S.C.) as amended by P.L. 113-79.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA 98504, (360) 725-4895.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not impact small businesses or nonprofits. It only affects DSHS clients.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
February 9, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-24-050, filed 12/1/16, effective 1/1/17)
WAC 388-400-0047 What is the heat and eat program and are you eligible?
(1) What is the heat and eat program?
(a) The heat and eat program is a special energy assistance program for certain assistance units that receive basic food, Washington combined application project (WASHCAP), or the food assistance program for legal immigrants (FAP).
(b) An assistance unit (AU) in heat and eat program receives up to twenty dollars and one cent in federal low income home energy assistance program (LIHEAP) benefits. This U.S. Department of Health and Human Services, Administration for Children and Families LIHEAP benefit makes the AU eligible for the standard utility allowance under WAC 388-450-0195 for twelve months.
(2) If you receive WASHCAP, you will get LIHEAP and your AU is eligible for the standard utility allowance under WAC 388-450-0195 for twelve months.
(3) Is your ((assistance unit)) AU eligible for heat and eat?
Your AU is eligible for heat and eat if you meet all of the following:
(a) You receive at least one dollar in basic food or FAP benefits prior to any recoupments;
(b) Your basic food or FAP AU includes at least one U.S. citizen or qualified alien as defined under WAC 388-424-0001 as required by 8 U.S.C. Sec. 1611 (a)(1);
(c) You do not receive transitional food assistance (TFA);
(((c))) (d) You are not eligible for the standard utility allowance (SUA) under WAC 388-450-0195 based on having out-of-pocket costs for heating or cooling;
(((d))) (e) You have not received a regular LIHEAP benefit amount of more than twenty dollars in the past twelve months; and
(((e))) (f) You ((do not)) do not receive the maximum allotment for your AU size under WAC 388-478-0060 without using the SUA.
(4) How do you receive heat and eat?
(a) If you are eligible for heat and eat, we deposit the benefit on your EBT card.
(b) The heat and eat benefit is good for twelve months.
(c) After twelve months, we look at your circumstances to see if you are still eligible for heat and eat.
(5) How do you apply for heat and eat?
(a) You do not apply for heat and eat.
(b) We will determine if your AU is eligible to receive heat and eat and automatically provide the benefit to you.