Senate Bill S1981A

                                 BILL NUMBER:  S1981A

 TITLE OF BILL :

An act to amend the social services law, in relation to the low-income
home energy assistance program

 PURPOSE OR GENERAL IDEA OF BILL :

To ensure that the office of temporary and disability assistance, in
submitting the annual plan for the low income home energy assistance
program to the federal government, will utilize the maximum reductions
to income in determining income eligibility.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision 1 of Section 97 of the social services
law to direct that, after the first of January next succeeding the
effective date of the chapter of laws of 2016 that amended this
subdivision, the NYS Office of Temporary and Disability Assistance
(OTDA) shall utilize a definition of net income in their annual LIHEAP
plan which allows for the most expansive deductions from gross income
in order to retain eligibility under the plan.

Section 2 provides the effective date of the legislation.

              

 JUSTIFICATION :

The Low Income Home Energy Assistance Program (LIHEAP) is a federally
funded energy program intended to provide assistance to low income
households in meeting their immediate home energy needs. To receive
federal funding, each state must submit a State Plan for approval to
the United States Department of Health and human Services (HHS) each
year.

The federal government does not provide a set definition of "income"
under the LIHEAP program. New York currently utilizes a definition of
"income" which excludes certain deductions which are also used in
other state temporary assistance programs.

Other states use a threshold qualifier of "net income" with additional
deductions from gross income. Use of a similar standard in New York
would allow more individuals and families with slightly higher income
levels to qualify for HEAP. In extreme and long lasting winter weather
conditions many people are caught in situations where they are just
above the applicable income levels but are unable to qualify for
assistance. This can result in their power being shut off. As a
result, many have to resort to the potentially unsafe use of temporary
electric heaters or other methods of heat. This bill directs OTDA to
utilize the broadest possible number of income deductions, consistent
with federal eligibility standards in determining a qualifying income.
This will help insure that many people who are very close to the
current income standards will be eligible to receive existing help in
keeping their power on, especially during frigid Northeast winters.

 PRIOR LEGISLATIVE HISTORY :

2015: S.1981 Committed to Rules
2014: S.6665 Committed to Rules

 FISCAL IMPLICATIONS :

None to the state. LIHEAP is a federally funded block grant program.

 EFFECTIVE DATE :
This act shall take effect immediately.