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1991-1992 Indiana Attorney General Reports and Opinions 1 (1991-1992)

handle is hein.sag/sagin0018 and id is 1 raw text is: STATE   INDIANA

INDIANAPOLIS

OFFICES OF ATTORNEY GENERAL
LINLEY E. PEARSON, ATTORNEY GENERAL
219 STATE HOUSE
46204
January 21, 1991
Honorable Richard W. Worman
Indiana State Senator
9735 Gerig Road
Leo, Indiana 46765
INFORMATION COPY
OFFICIAL OPINION NO. 91-1
Dear Senator Worman:
This is in response to your request for an official
opinion on the following legal questions which have arisen
regarding the Low-Income Home Energy Assistance Program:
1.  Would repair and replacement of furnaces
be  eligible   activities  under  the   State's
Low-Income  Home   Energy  Assistance   Program
(LIHEAP),   assuming   such  activities   were
included in the State plan required by 42
U.S.C. § 8624?
2. May the State's oil overcharge funds be
used to fund such activities, assuming they
are eligible LIHEAP activities?
3.  If the State may use its oil overcharge
funds for such activities, would the 15%
limitation on expenditures for weatherization
and energy-related home repair apply?
4. Would the language of Indiana Code Section
4-12-1-14.2 need to be amended in any way to
permit the use of the State's oil overcharge
funds for such activities?
ANALYSIS
Indiana Code Section 4-12-1-14.2 specifies that oil
overcharge funds received from the federal government are
annually appropriated to the department of human services for
the department's use in carrying out the home energy assistance
program. Indiana Code Section 4-28-8-5 defines the purpose of
the home energy assistance program as follows: to establish a

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