N.Y. Social Services Law § 97: Low-income home energy assistance program

§ 97. Low-income home energy assistance program. 1. The department is

authorized to develop and submit to the governor the application and

plan required by title twenty-six of the federal omnibus budget

reconciliation act of nineteen hundred eighty-one, and to amend and to

take whatever other action may be necessary with respect to such plan,

including, but not limited to, acting for the state in any negotiations

relative to the submission of such plan, and making such arrangements

and taking such action, not inconsistent with law, as may be required to

submit, implement, administer and operate such plan, and to secure for

the state the benefits available under such act.

2. Each social services district shall be required, in accordance with

the state plan and federal regulations, to participate in the federal

low-income home energy assistance program and to assist eligible

households found in such districts to obtain low-income home energy

assistance. However, only those persons who qualify for low-income home

energy assistance in accordance with federal and state requirements, and

standards promulgated by the department, shall be certified as eligible

for and entitled to receive said home energy assistance. No person,

however, shall be certified as eligible for and entitled to receive said

home energy assistance if no federal funds are available for such

purpose.

3. Any inconsistent provision of law notwithstanding, the amount of

any home energy assistance payments or allowances provided to an

eligible household under said plan shall not be considered income or

resources of such households, or of any member thereof, for any purpose

under any federal or state law, including any law relating to taxation,

food stamps, public assistance or other benefits available pursuant to

this chapter.

4. Expenditures made by a social services district pursuant to the

federal low-income home energy assistance program, including the costs

of administration, shall be subject to one hundred percent reimbursement

by the state, if and for so long as federal funds are available for the

full amount of such expenditures.

5. No less than fifteen percent of the funds available to New York

state under the federal low-income home energy assistance program shall

be used for low-cost residential weatherization or other energy-related

home repair for low-income households, as follows:

a. No less than ten percent of the funds available to New York state

under the federal low-income home energy assistance program shall be

allocated to the division of housing and community renewal, the housing

trust fund corporation, or the housing finance agency as designated by

the division of housing and community renewal for the weatherization

assistance program and other low-cost residential weatherization or

other energy-related home repair for low-income households. All such

programs and expenditures shall be provided in the annual New York state

weatherization assistance program state plan or by agreement with the

office of temporary and disability assistance.

b. 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 to the division of housing and community

renewal. Administrative monies shall be derived from funds identified by

the division of the budget as that portion of the home energy assistance

program grant reported to the federal department of health and human

services for state administration of such program.