NY State Senate Bill 2023-S3136A

Senate Bill S3136A

2023-2024 Legislative Session

Authorizes the New York state energy research and development authority to develop a temporary middle income home energy assistance program; suspend taxes on home heating fuels; appropriation

download bill text pdf

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2024	print number 3136a
Mar 18, 2024	amend and recommit to finance
Jan 03, 2024	referred to finance
Jan 27, 2023	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S3136 - Details

See Assembly Version of this Bill:: A4109
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Amd §1854, Pub Auth L; amd §1115, Tax L

2023-S3136 - Summary

Authorizes the New York state energy research and development authority to develop, implement, administer and operate a temporary middle income home energy assistance program; suspends certain taxes on home heating fuels; makes an appropriation therefor.

2023-S3136 - Sponsor Memo

                                 
BILL NUMBER: S3136

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to authorizing
the New York state energy research and development authority to develop
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

 
PURPOSE:

The purpose of this bill is to authorize the New York State Energy and
Research Development Authority to develop a temporary middle income home
energy assistance program and suspend sales and use taxes on home heat-
ing fuels.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Public Authorities Law by adding

a temporary middle income home energy assistance program in conjunction
with the Department of Taxation and Finance for the purpose of assisting
households paying for home heating fuel.

Section 2 of this bill would modify the Tax Law to suspend state taxes
for home heating fuel until July 1, 2023 when purchases are made for
residential heating purposes.

Section 3 of this bill would establish a $3 million fund to be appropri-
ated to New York State Energy Research and Development Authority for the
purpose of supporting the temporary middle income home energy assistance
program.

Section 4 of this bill provides that the effective date shall take
effect immediately and shall expire and be deemed repealed April 1,
2025.

 
JUSTIFICATIONS:

Due to inflation and the rising cost of heating oil, New York residents
are struggling to make ends meet and afford to heat their homes this
winter. Liberty Utilities located in Upstate New York warned their
customers that they will see an average increase of $150 a year due to
the rising price of heating oil and National Grid predicted that custom-
ers will pay about $263 more than last year which is a 39% increase.
Many New Yorkers simply cannot afford such an increase and will have to
make painful choices between paying for necessities like food or paying
for heat this winter. This is especially concerning for aging New York-
ers who are on a fixed income and residents in upstate New York who are
impacted by harsh winter weather conditions. This bill will help
middle-income New Yorkers who are not eligible for HEAP find financial
help to heat their households. The Middle-Income Home Energy Assistance
Program will also help Asset Limited, Income Constrained, Employed
(ALICE) families get the help they need to heat their homes this winter.
31% of households in New York State are ALICE households, which is twice
as many households that live below the federal poverty line.

 
LEGISLATIVE HISTORY:

2021-22: S.9574 (Mannion) - Referred to Finance.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2025.

2023-S3136 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3136
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens.  MANNION,  COONEY, MAYER -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05337-01-3
 S. 3136                             2

 
   (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-FOUR, 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, 2025.

co-Sponsors

2023-S3136A (ACTIVE) - Details

See Assembly Version of this Bill:: A4109
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Amd §1854, Pub Auth L; amd §1115, Tax L

2023-S3136A (ACTIVE) - Summary

2023-S3136A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3136A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to authorizing
the New York state energy research and development authority to develop
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

 
PURPOSE:

The purpose of this bill is to authorize the New York State Energy and
Research Development Authority to develop a temporary middle income home
energy assistance program and suspend sales and use taxes on home heat-
ing fuels.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Public Authorities Law by adding

a temporary middle income home energy assistance program in conjunction
with the Department of Taxation and Finance for the purpose of assisting
households paying for home heating fuel.

Section 2 of this bill would modify the Tax Law to suspend state taxes
for home heating fuel until July 1, 2026 when purchases are made for
residential heating purposes.

Section 3 of this bill would establish a $3 million fund to be appropri-
ated to New York State Energy Research and Development Authority for the
purpose of supporting the temporary middle income home energy assistance
program.

Section 4 of this bill provides that the effective date shall take
effect immediately and shall expire and be deemed repealed April 1,
2027.

 
JUSTIFICATION:S:

Due to inflation and the rising cost of heating oil, New York residents
are struggling to make ends meet and afford to heat their homes this
winter. Liberty Utilities located in Upstate New York warned their
customers that they will see an average increase of $150 a year due to
the rising price of heating oil and National Grid predicted that custom-
ers will pay about $263 more than last year which is a 39% increase.
Many New Yorkers simply cannot afford such an increase and will have to
make painful choices between paying for necessities like food or paying
for heat this winter. This is especially concerning for aging New York-
ers who are on a fixed income and residents in upstate New York who are
impacted by harsh winter weather conditions. This bill will help
middle-income New Yorkers who are not eligible for HEAP find financial
help to heat their households. The Middle-Income Home Energy Assistance
Program will also help Asset Limited, Income Constrained, Employed
(ALICE) families get the help they need to heat their homes this winter.
31% of households in New York State are ALICE households, which is twice
as many households that live below the federal poverty line.

 
LEGISLATIVE HISTORY:

2021-22: S.9574 (Marmion) - Referred to Finance.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2027.

2023-S3136A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3136--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens.  MANNION,  COONEY, MAYER -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Finance
   --  recommitted  to the Committee on Finance in accordance with Senate
   Rule  6,  sec.  8  --  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.
                                                            LBD05337-02-4

 S. 3136--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.

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Senate Bill S3136A

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Sponsored By

John W. Mannion

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Jeremy A. Cooney

Shelley B. Mayer

2023-S3136 - Details

2023-S3136 - Summary

2023-S3136 - Sponsor Memo

2023-S3136 - Bill Text download pdf

co-Sponsors

Jeremy A. Cooney

Shelley B. Mayer

2023-S3136A (ACTIVE) - Details

2023-S3136A (ACTIVE) - Summary

2023-S3136A (ACTIVE) - Sponsor Memo

2023-S3136A (ACTIVE) - Bill Text download pdf

Comments