A.R.S. tit. 46 ch. 6 — Arizona Revised Statutes Title 46 Chapter 6 — Utility Assistance

46-701. Telecommunications service assistance program; administration; rules A. A telecommunications service assistance program is established to provide eligible recipients with a reduction in costs of telecommunications services. B. The program may be administered by the department. If the department administers the program, the program shall be administered in accordance with the provisions of this chapter and rules adopted by the department for the program. 46-702. Assistance eligibility; list A. To be considered eligible for the telecommunications service assistance program, applicants must be a head of household, be sixty-five years of age or older and have a household income at or below the poverty level as determined by the United States office of management and budget and reported annually in the federal register. The department shall develop procedures for taking applications for assistance and for determining program eligibility. B. Each year the department shall provide a list or lists of the names, addresses and if applicable, telephone numbers of all eligible recipients to each local exchange telephone company. The local exchange telephone company shall determine from the list those recipients to which the company provides service. 46-703. Assistance rate credit; form; applicable services; amount; application A. The local exchange telephone company shall provide assistance to all recipients determined to be eligible pursuant to section 46-702 in the form of a credit on their telephone bill. Such a credit on the telephone bill shall apply to the following: 1. Flat rate local exchange services. 2. Local exchange access services in measured service circumstances. 3. Local area calling usage limited to an amount that in conjunction with the exchange access service does not exceed the comparable flat rate total. 4. The charge for maintenance of inside wiring. 5. The installation charge for basic service one time during any calendar year. B. The credit allowed by the telecommunications service assistance program is seventeen per cent of the rate set by the corporation commission for the services in subsection A, either paragraphs 1, 4 and 5 or paragraphs 2 through 5, whichever is applicable, to the services being received by the eligible recipient. C. The department shall apply for a waiver for the mandated customer access line charges pursuant to the federal communications commission CC docket 78-72, 80-286. Upon receipt of the waiver, the assistance provided by the local exchange telephone company pursuant to subsection A shall include a waiver of the mandated customer access line charge. 46-704. Budget request The department shall include the cost of administering the telecommunications service assistance program in its annual budget request. 46-731. Utility assistance; qualified fuel fund entity; report; definitions A. On an annual basis, a utility shall transmit all abandoned deposits to a qualified fuel fund entity. The qualified fuel fund entity that receives any monies under this section shall provide assistance to eligible recipients in making utility deposits and owner repairs or replacement of utility related appliances or systems. B. An abandoned deposit shall be transmitted to a qualified fuel fund entity. Any utility that delivers these refund payments to a qualified fuel fund entity in good faith is relieved of all liability to the extent of any refund payment delivered for any claim then existing or that thereafter may arise or be made in respect to the property. This subsection does not apply to any refund subject to section 44-302, subsection A, paragraph 11 or to any refund that the court or agency order provides will be held by a person other than the utility. C. On or before December 1 of each year, the qualified fuel fund entity shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the director of the Arizona state library, archives and public records. The report shall describe the actions and expenditures of the qualified fuel fund entity during the previous year. D. For the purposes of this section: 1. "Abandoned deposit" means a deposit, including any interest on the deposit, that is made by a subscriber with a utility to secure payment or any amount that is paid in advance for utility services to be furnished, less any lawful deductions or any amount held by a utility that the utility has been ordered to refund by a court or administrative agency, and that remains unclaimed by the subscriber for more than two years after the termination of the services for which the deposit or advance payment was made, or for more than two years after the refund becomes payable and distribution occurs pursuant to the final order of the court or administrative agency that has jurisdiction to establish the terms and conditions of the refund. 2. "Qualified fuel fund entity" means a private community-based nonprofit entity that is recognized under section 501(c)(3) of the internal revenue code and that has a fuel fund established for the purposes of accepting private and public monies to provide utility assistance pursuant to subsection A of this section to low income residents in this state, including members of an Indian tribe who reside on an Indian reservation. 3. "Utility" means a person that, for public use, transmits, sells, delivers or furnishes electricity, water, gas, sewer or telecommunications services. 46-741. Neighbors helping neighbors fund; definition A. A neighbors helping neighbors fund is established to provide eligible recipients with assistance in paying utility bills, conserving energy and weatherization. The department shall administer the fund. The department shall coordinate this assistance with its low income energy assistance program and its weatherization assistance program. B. Eligible recipients are individuals who have a household income at or below one hundred twenty-five per cent of the poverty level or individuals who are sixty years of age or older or persons with disabilities and who have a household income at or below one hundred fifty per cent of the poverty level. For the purposes of this subsection, the poverty level is as determined by the United States office of management and budget and reported in the federal register. C. Beginning July 1, 1993, the director shall provide the use of neighbors helping neighbors fund monies to designated community action or other agencies currently providing energy assistance services to individuals who are eligible under subsection B of this section to receive assistance under this article. D. Monies in the neighbors helping neighbors fund do not revert to the state general fund. E. An amount of not more than two per cent of the neighbors helping neighbors fund monies may be used by the department and an amount of not more than eight per cent of the fund monies may be used by the agencies to reimburse them for their administrative costs in providing services under this article. F. On or before October 15 of each year, the director shall submit a report to the appropriate legislative committees that includes summaries of total monies collected and distributed under this article and such other information as the legislative committees request. G. For purposes of this section, "utility" means a person who transmits, sells, delivers or furnishes electricity, water, gas or telecommunication services for public use.