NY State Senate Bill 2009-S2457

Senate Bill S2457

2009-2010 Legislative Session

Authorizes the New York state energy research and development authority to develop a temporary middle income home energy assistance program

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Feb 20, 2009	referred to energy and telecommunications

co-Sponsors

2009-S2457 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Amd §1854, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1064
2013-2014: S1614
2015-2016: S2529
2017-2018: S2357
2019-2020: S4179
2021-2022: S3322
2023-2024: S2588

2009-S2457 (ACTIVE) - 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.

2009-S2457 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2457

 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 and
providing for the repeal of such provisions upon expiration thereof


 PURPOSE :
To establish a program which will provide home heating fuel assistance
to middle-income families who would otherwise not qualify under the
State/Federal Low-Income Home Energy Assistance Program.

 SUMMARY OF PROVISIONS :
Section one of the legislation establishes, within the New York State
Energy Research & Development Authority (NYSERDA), and with the
assistance of the Department of Taxation and Finance, the Temporary
Middle Income Home Energy Assistance Program.

Section two enacts the legislation immediately and sunsets the program
on April 1, 2011.

 EXISTING LAW :
This is a new program. The Low Income Home Energy Assistance Program,
after which this program is modeled, is established in Social Services

Law §97. LIHEAP is administered by the Office of Temporary and
Disability Assistance, is federally-funded, and has income eligibility
criteria.

 JUSTIFICATION :
Energy costs have nearly doubled since last year; and the next big
blow from high energy prices could come in the dead of winter. The
winter of 08-'09 will be one of the costliest ever for all New York
families - trying to heat their homes, buy food and medicine, drive
their cars and trucks to work. Averting a catastrophe is imperative.
And by providing a State-funded Middle Income Home Energy Assistance
program we are delivering immediate help on an emergency basis to
middle-income families. The plan will give an average benefit of $350
for families of four making between $45,000 and $63,699, and an
average benefit of $250 for families of four making between $63,700
and $84,800. The program will be funded through proceeds from carbon
permits auctioned as part of the Regional Greenhouse Gas Initiative.

 LEGISLATIVE HISTORY :
2008:  S.8757A

 FISCAL IMPLICATIONS :
The Regional Greenhouse Gas Initiative cap and trade auction is
estimated to return to New York State upwards of $300 million. $285
million of the auction proceeds will pay for the extended benefits
program to deal with this winter's pending heating crisis.

 EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed April 1, 2011.

2009-S2457 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2457

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sens. PARKER, ONORATO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

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  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 AND SECURE  FUNDS  AVAILABLE  FOR  SUCH  PLAN,  TO  MAKE  AVAILABLE
ONE-TIME  SUPPLEMENTING  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.
                                                           LBD02511-01-9

S. 2457                             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.
  (F)  EXPENDITURES  MADE  BY THE AUTHORITY PURSUANT TO THE STATE MIDDLE
INCOME HOME ENERGY ASSISTANCE PROGRAM, INCLUDING THE COSTS  OF  ADMINIS-
TRATION,  SHALL  BE  SUBJECT TO ONE HUNDRED PERCENT REIMBURSEMENT BY THE
STATE, IF AND FOR AS LONG AS STATE FUNDS  ARE  AVAILABLE  FOR  THE  FULL
AMOUNT OF SUCH EXPENDITURES.
  (G)  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. ADMINISTRATIVE MONIES SHALL BE DERIVED  FROM
FUNDS IDENTIFIED BY THE DIVISION OF THE BUDGET.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, 2011.

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Senate Bill S2457

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Sponsored By

Kevin S. Parker