§ 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.