§ 97 — Low-income home energy assistance program

§ 97. Low-income home energy assistance program. 1. The department is\nauthorized to develop and submit to the governor the application and\nplan required by title twenty-six of the federal omnibus budget\nreconciliation act of nineteen hundred eighty-one, and to amend and to\ntake whatever other action may be necessary with respect to such plan,\nincluding, but not limited to, acting for the state in any negotiations\nrelative to the submission of such plan, and making such arrangements\nand taking such action, not inconsistent with law, as may be required to\nsubmit, implement, administer and operate such plan, and to secure for\nthe state the benefits available under such act.\n 2. Each social services district shall be required, in accordance with\nthe state plan and federal regulations, to participate in the federal\nlow-income home energy assistance program and to assist eligible\nhouseholds found in such districts to obtain low-income home energy\nassistance. However, only those persons who qualify for low-income home\nenergy assistance in accordance with federal and state requirements, and\nstandards promulgated by the department, shall be certified as eligible\nfor and entitled to receive said home energy assistance. No person,\nhowever, shall be certified as eligible for and entitled to receive said\nhome energy assistance if no federal funds are available for such\npurpose.\n 3. Any inconsistent provision of law notwithstanding, the amount of\nany home energy assistance payments or allowances provided to an\neligible household under said plan shall not be considered income or\nresources of such households, or of any member thereof, for any purpose\nunder any federal or state law, including any law relating to taxation,\nfood stamps, public assistance or other benefits available pursuant to\nthis chapter.\n 4. Expenditures made by a social services district pursuant to the\nfederal low-income home energy assistance program, including the costs\nof administration, shall be subject to one hundred percent reimbursement\nby the state, if and for so long as federal funds are available for the\nfull amount of such expenditures.\n 5. No less than fifteen percent of the funds available to New York\nstate under the federal low-income home energy assistance program shall\nbe used for low-cost residential weatherization or other energy-related\nhome repair for low-income households, as follows:\n a. No less than ten percent of the funds available to New York state\nunder the federal low-income home energy assistance program shall be\nallocated to the division of housing and community renewal, the housing\ntrust fund corporation, or the housing finance agency as designated by\nthe division of housing and community renewal for the weatherization\nassistance program and other low-cost residential weatherization or\nother energy-related home repair for low-income households. All such\nprograms and expenditures shall be provided in the annual New York state\nweatherization assistance program state plan or by agreement with the\noffice of temporary and disability assistance.\n b. Administrative funds to implement the program described in this\nsubdivision at the state and local levels shall be set at ten percent of\nthe total amount allocated to the division of housing and community\nrenewal. Administrative monies shall be derived from funds identified by\nthe division of the budget as that portion of the home energy assistance\nprogram grant reported to the federal department of health and human\nservices for state administration of such program.\n