S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    775
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Energy
 
 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; 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  IS AUTHORIZED, IN CONJUNCTION WITH THE DEPARTMENT OF TAXATION
 AND FINANCE, TO DEVELOP, IMPLEMENT, ADMINISTER AND OPERATE A  PLAN,  AND
 HOLD  FUNDS  AVAILABLE FOR SUCH PLAN, TO MAKE AVAILABLE ONE-TIME SUPPLE-
 MENTING 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.
              

                                                            LBD02149-01-7

 A. 775                              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.
   §  2.  The sum of one million dollars ($1,000,000), 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
 comptroller on vouchers certified or approved  by  the  New  York  state
 energy  research  and  development authority in the manner prescribed by
 law.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed April 1, 2019.