Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Virginia Energy Assistance Program - Low Income Home Energy Assistance Program (LIHEAP) [22 VAC 40 ‑ 680]
Action is Exempt from Article 2 of the Administrative Process Act
Amend LIHEAP Regulation-2024 Legislation
Action 6526
General Information
Action Summary The Energy Assistance Program (EAP) regulation, 22VAC40-680, provides the framework for a statewide EAP, including the three components of the EAP, which are fuel, crisis, and cooling. This regulation includes the application periods, eligibility criteria, benefits, and administrative costs for each of the three components. Currently, the regulation restricts the fuel and crisis application periods to start no earlier than September 1st and end no later than March 31st each year and restricts the cooling application period to start no earlier than June 15th and end no later than August 15th each year. These restrictive application periods result in periods of time where customers are unable to apply for any type of energy assistance. Chapter 734 (HB 855) of the 2024 Acts of Assembly directs the State Board of Social Services (the Board) to promulgate regulations that extend the application period for the three components of the EAP, which will provide adequate time for individuals to apply. The extended application period is contingent on adequate administrative funding being available to extend such application period and the Board's initial adoption of regulations is exempt from the provisions of the Administrative Process Act, except that the Board must provide an opportunity for public comment on the regulations prior to adoption. This regulatory action will adjust the application periods for the EAP components to allow customers the opportunity to apply for assistance from the EAP throughout the year.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [7978]
Associated Mandates State Department of Social Services; Home Energy Assistance Program.
New Periodic Review This action will not be used to conduct a new periodic review.
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Contact Information
Name / Title: Denise Surber  / Program Manager
Address: 801 E. Main Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7386    FAX: (804)726-7358    TDD: ()-

This person is the primary contact for this chapter.