Section 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.