NY Soc Serv L § 97 (2021)
2021 New York Laws SOS - Social Services Article 3 - Local Public Welfare Organization; Powers and Duties Title 5 - Records, Reports, Funds and Appropriations 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  for  its   weatherization  assistance  program and shall be expended as provided in   the annual New York state weatherization plan.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.