1 of 5
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE
DEPARTMENT OF PUBLIC UTILITIES TO ENROLL AND
PARTICIPATE IN THE CALIFORNIA LOW-INCOME
HOUSEHOLD WATER ASSISTANCE PROGRAM
WHEREAS, on December 27, 2020, the Consolidated Appropriations Act was signed into law and appropriated $638 million to the Low-Income Household Water Assistance Program (LIHWAP). Additionally, on March 11, 2021, the American Rescue Plan Act appropriated $500 million to LIHWAP; and
WHEREAS, $116 million in one-time funding has been allocated to California to provide LIHWAP assistance; and
WHEREAS, LIHWAP is administered at the federal level by the U.S. Department of Health and Human Services and at the state level by the California Department of Community Services and Development (CSD); and
WHEREAS, the funding source for LIHWAP is federal funds allocated to the state through the Consolidated Appropriation Act of 2021 and the American Rescue Plan Act of 2021; and
WHEREAS, LIHWAP is a customer based temporary federal program that will serve as a complimentary program resource to the California Water and Wastewater Arrearage Payment Program by offering another form of potential assistance to low - income households continuing to experience difficulty making payments for residential water and wastewater services; and
2 of 5
WHEREAS, on April 11, 2022, CSD adopted final program guidelines establishing the process and criteria for the administration of funds appropriated for the program; and WHEREAS, California’s implementation of LIHWAP requires that benefits are issued to eligible households whose community water system, wastewater treatment provider, or wastewater billing entity (water systems) are enrolled in the program to receive LIHWAP assistance benefits directly from CSD via its third- party fun ds disbursement partner, HORNE, LLP; and
WHEREAS, the City is a n eligible water system consistent with the LIHWAP Guidelines and must be enrolled in LIHWAP to ensure income eligible customers can participate in the program; and
WHEREAS, to enroll in the program the City must, among other things, execute a Direct Payment Agreement with CSD’s third-party funds disbursement partner, HORNE, LLP; and
WHEREAS, eligible customers are residential customers with (1) a total household income at or below 60 percent of the State Median Income or (2) a member of the household who is currently a recipient of the Low-Income Household Energy Assistance Program, CalFresh, or CalWORKs; and
WHEREAS, LIHWAP payment s may be applied toward the water and/or wastewater arrearage amounts, which include current charges, late fees, reconnection fees, taxes, and other charges, accrued during any time period; and WHEREAS, low-income customers can apply to their Local Service Providers (LSPs) to receive a one-time benefit in the form of a credit of up to $2,000 on their water and/or wastewater bill; and
3 of 5
WHEREAS, CSD via HORNE, LLP is responsible for the issuance of LIWHAP assistance payments to all water and wastewater systems enrolled in the direct payment program; and
WHEREAS, once the City is provided payment, the City must apply the payment, as a credit, to the customer’s account within five business days and on the first billing statement after the credit has been posted, must notify customers of the amount of LIHWAP payment received and identify the payment was received from LIHWAP; and WHEREAS, CSD anticipates LSPs will begin accepting customer applicat ions by May 2022 and not later than June 2022 , LIHWAP will operate through August 31, 2023, and customers may only benefit from LIHWAP if the City is enrolled.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The City approves and support s the Department of Public Utilities enrollment and participation in the California Low Income Household Water and Assistance Program.
2. The Director of Public Utilities, or designee, is authorized to sign and file any and all documents necessary to receive payments from the California Department of Community Services and Development (CSD) and its third- party funds disbursement partner, HORNE, LLP, including the Direct Payment Agreement, for the purpose of applying credits to specified low - income customer accounts.
4 of 5
3. The Director of Public Utilities, or designee, is authorized to provide any and all assurances, certifications, and commitme nts required to enroll in and receive monies from LIHWAP.
4. The Director of Public Utilities, or designee, is authorized and directed to represent the City in carrying out its responsibilities for participation in LIHWAP, including completing direct payment summaries as required by CSD and compliance with applicable state and federal laws.
5. The Director of Public Utilities, or designee, is authorized to accept and apply funds from LIHWAP in accordance with the guidelines adopted by the CSD.
6. This resolution shall be effective upon final approval.
5 of 5
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2022.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney