S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9574
 
                             I N  S E N A T E
 
                             October 12, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the public authorities law, in relation  to  authorizing
   the New York state energy research and development authority to devel-
   op  a temporary middle income home energy assistance program; to amend
   the tax law, in relation to suspending sales and  use  taxes  on  home
   heating  fuels; making an appropriation therefor and providing for the
   repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1854 of the public authorities law is amended by
 adding a new subdivision 9 to read as follows:
   9. TEMPORARY MIDDLE INCOME HOME ENERGY  ASSISTANCE  PROGRAM.  (A)  THE
 AUTHORITY  SHALL,  IN  CONJUNCTION  WITH  THE DEPARTMENT OF TAXATION AND
 FINANCE, DEVELOP, IMPLEMENT, ADMINISTER AND OPERATE  A  PLAN,  AND  HOLD
 FUNDS  AVAILABLE  FOR  SUCH PLAN, TO MAKE AVAILABLE SUPPLEMENTING GRANTS
 FOR THE PURPOSE OF ASSISTING ELIGIBLE MIDDLE INCOME HOUSEHOLDS TO OBTAIN
 HOME HEATING FUEL.
   (B) FOR PURPOSES OF THIS SUBDIVISION, THE TERM:
   (I) "HOME HEATING FUEL" SHALL MEAN FUEL OIL, COAL, WOOD, WOOD PELLETS,
 PROPANE, NATURAL GAS, ELECTRICITY, STEAM, KEROSENE AND  ANY  OTHER  FUEL
 WHEN USED FOR RESIDENTIAL HEATING PURPOSES.
   (II) "MIDDLE INCOME" SHALL MEAN ANY HOUSEHOLD THAT HAS AN INCOME OF NO
 MORE  THAN  ONE  HUNDRED SIXTY-FIVE PERCENT OF THE AREA MEDIAN INCOME OR
 HAS AN INCOME OF NO MORE THAN THE AVERAGE SURVIVAL BUDGET FOR THE  COUN-
 TY, ADJUSTED FOR THE SIZE OF THE HOUSEHOLD, WHICHEVER IS GREATER.
   (C)  THE  AUTHORITY  SHALL, IN ACCORDANCE WITH THE PLAN ESTABLISHED IN
 PARAGRAPH (A) OF THIS SUBDIVISION, PARTICIPATE IN THE  TEMPORARY  MIDDLE
 INCOME  HOME ENERGY ASSISTANCE PROGRAM AND ASSIST ELIGIBLE HOUSEHOLDS TO
 OBTAIN MIDDLE INCOME HOME ENERGY ASSISTANCE.
   (D) PERSONS WHO QUALIFY FOR MIDDLE INCOME HOME  ENERGY  ASSISTANCE  IN
 ACCORDANCE  WITH STANDARDS PROMULGATED BY THE AUTHORITY, SHALL BE CERTI-
 FIED AS ELIGIBLE FOR AND ENTITLED TO RECEIVE SUCH  HOME  ENERGY  ASSIST-
 ANCE.  NO  PERSON, HOWEVER, SHALL BE CERTIFIED AS ELIGIBLE FOR AND ENTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16377-01-2
 S. 9574                             2
 
 TLED TO RECEIVE SUCH HOME  ENERGY  ASSISTANCE  IF  NO  STATE  FUNDS  ARE
 AVAILABLE FOR SUCH PURPOSE.
   (E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE AMOUNT OF ANY HOME ENERGY ASSISTANCE PAYMENTS OR ALLOWANCES PROVIDED
 TO  AN ELIGIBLE HOUSEHOLD UNDER SUCH PLAN SHALL NOT BE CONSIDERED INCOME
 OR RESOURCES OF SUCH HOUSEHOLDS, OR  OF  ANY  MEMBER  THEREOF,  FOR  ANY
 PURPOSE UNDER ANY STATE LAW.
   §  2.  Section 1115 of the tax law is amended by adding a new subdivi-
 sion (ll) to read as follows:
   (LL) UNTIL JULY FIRST, TWO THOUSAND TWENTY-THREE,  HOME  HEATING  FUEL
 OTHERWISE  TAXABLE  UNDER THIS ARTICLE SHALL NOT BE SUBJECT TO THE TAXES
 IMPOSED BY SECTION ELEVEN HUNDRED FIVE OF THIS ARTICLE OR THE COMPENSAT-
 ING USE TAX IMPOSED UNDER SECTION ELEVEN HUNDRED  TEN  OF  THIS  ARTICLE
 WHEN  PURCHASED  FOR  RESIDENTIAL HEATING PURPOSES.  FOR THE PURPOSES OF
 THIS SUBDIVISION, THE TERM "HOME HEATING  FUEL"  SHALL  MEAN  FUEL  OIL,
 COAL,  WOOD,  WOOD  PELLETS,  PROPANE,  NATURAL GAS, ELECTRICITY, STEAM,
 KEROSENE AND ANY OTHER FUEL WHEN USED FOR RESIDENTIAL HEATING PURPOSES.
   § 3. The sum of three million dollars ($3,000,000), or so much thereof
 as may be necessary, is hereby appropriated to the New York state energy
 research and development authority out of any moneys in the state treas-
 ury in the general fund to the credit of the state  purposes  fund,  not
 otherwise  appropriated, and made immediately available, for the purpose
 of  supporting  the  temporary  middle  income  home  energy  assistance
 program.    Such moneys shall be payable on the audit and warrant of the
 state comptroller on vouchers certified or  approved  by  the  New  York
 state energy research and development authority in the manner prescribed
 by law.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, 2024.