Senate Bill S2457

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2457

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sens. PARKER, ONORATO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

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  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 IS AUTHORIZED, IN CONJUNCTION WITH THE DEPARTMENT OF  TAXATION
AND  FINANCE,  TO DEVELOP, IMPLEMENT, ADMINISTER AND OPERATE A PLAN, AND
HOLD AND SECURE  FUNDS  AVAILABLE  FOR  SUCH  PLAN,  TO  MAKE  AVAILABLE
ONE-TIME  SUPPLEMENTING  GRANTS  FOR  THE  PURPOSE OF ASSISTING ELIGIBLE
HOUSEHOLDS TO OBTAIN HOME HEATING FUEL.
  (B) FOR PURPOSES OF THIS SUBDIVISION, THE  TERM  "HOME  HEATING  FUEL"
SHALL  MEAN  FUEL  OIL,  COAL,  WOOD, PROPANE, NATURAL GAS, ELECTRICITY,
STEAM, KEROSENE AND ANY OTHER FUEL WHEN  USED  FOR  RESIDENTIAL  HEATING
PURPOSES.
  (C) THE AUTHORITY IS REQUIRED, IN ACCORDANCE WITH THE PLAN ESTABLISHED
IN  PARAGRAPH  (A)  OF THIS SUBDIVISION, TO PARTICIPATE IN THE TEMPORARY
MIDDLE INCOME HOME ENERGY ASSISTANCE  PROGRAM  AND  TO  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-
TLED  TO  RECEIVE  SUCH  HOME  ENERGY  ASSISTANCE  IF NO STATE FUNDS ARE
AVAILABLE FOR SUCH PURPOSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02511-01-9
              

S. 2457                             2

  (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.
  (F)  EXPENDITURES  MADE  BY THE AUTHORITY PURSUANT TO THE STATE MIDDLE
INCOME HOME ENERGY ASSISTANCE PROGRAM, INCLUDING THE COSTS  OF  ADMINIS-
TRATION,  SHALL  BE  SUBJECT TO ONE HUNDRED PERCENT REIMBURSEMENT BY THE
STATE, IF AND FOR AS LONG AS STATE FUNDS  ARE  AVAILABLE  FOR  THE  FULL
AMOUNT OF SUCH EXPENDITURES.
  (G)  ADMINISTRATIVE  FUNDS  TO IMPLEMENT THE PROGRAM DESCRIBED IN THIS
SUBDIVISION AT THE STATE AND LOCAL LEVELS SHALL BE SET AT TEN PERCENT OF
THE TOTAL AMOUNT ALLOCATED. ADMINISTRATIVE MONIES SHALL BE DERIVED  FROM
FUNDS IDENTIFIED BY THE DIVISION OF THE BUDGET.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, 2011.