S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4109--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Energy -- recommitted to the Committee on Energy in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05337-03-4
 A. 4109--A                          2
              

 
 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-
 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-SIX, 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, 2027.