Bill Text: NY S04561 | 2023-2024 | General Assembly | Amended


Bill Title: Provides "WiFi service" internet access to all individuals residing in temporary housing; relates to funding for internet service under the ConnectAll digital equity grant program.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Engrossed) 2024-05-14 - REPORTED AND COMMITTED TO FINANCE [S04561 Detail]

Download: New_York-2023-S04561-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4561--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 10, 2023
                                       ___________

        Introduced by Sens. GONZALEZ, BAILEY, BRISPORT, BROUK, CLEARE, GIANARIS,
          GOUNARDES,  HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KENNEDY, MYRIE,
          RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO -- read twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Social  Services  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the social services law, in relation to providing inter-
          net  access  to  all individuals residing in temporary housing; and to
          amend the  New  York  state  urban  development  corporation  act,  in
          relation to the ConnectAll  digital  equity grant program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (k) of section 17 of the social  services  law,
     2  as relettered by chapter 424 of the laws of 2017, is relettered subdivi-
     3  sion (l) and a new subdivision (k) is added to read as follows:
     4    (k) require that all temporary housing facilities shall provide access
     5  to  high-speed  broadband internet service and WiFi service to all indi-
     6  viduals residing in such temporary housing.  The WiFi service  shall  be
     7  made  available  in  private  and  common areas accessible to residents.
     8  Such shelter shall have at least one router and at least one  modem,  or
     9  any  technological equivalent that performs the function of providing an
    10  area with high-speed broadband internet service.   For the  purposes  of
    11  this subdivision, the term "high-speed broadband internet service" means
    12  internet service with download speeds of at least one gigabit per second
    13  and  upload speeds of at least one gigabit per second, or if such speeds
    14  are not available the maximum download and  upload  speeds  commercially
    15  available  within  the  local social services district.   The term "WiFi
    16  service" means access to high-speed broadband internet through  wireless
    17  router which connects to the internet by wire or cable.  For purposes of
    18  this subdivision, temporary housing shall include but not be limited to,
    19  shelters  for  adults, shelters for adult families, small-capacity shel-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05533-04-3

        S. 4561--A                          2

     1  ters, shelters for families with children, domestic  violence  shelters,
     2  runaway  and homeless youth shelters, shelters in hotels or shelters for
     3  refugees. Each temporary housing facility shall  submit  their  plan  to
     4  provide  internet  access pursuant to this subdivision to the department
     5  for oversight and approval within one year of the effective date of this
     6  subdivision. Temporary housing facilities  shall  implement  and  comply
     7  with such plans within one year of such approval.
     8    (1)  (i)  A  temporary housing facility shall not use, disclose, sell,
     9  retain, or permit access to the personal  information  pertaining  to  a
    10  person residing in temporary housing obtained in the course of providing
    11  internet access except as required to provide such access without regard
    12  to  content, application, service, or use of a non-harmful device, or to
    13  respond to a warrant or subpoena issued by a court of  competent  juris-
    14  diction.
    15    (ii)  For the purposes of this subdivision, personal information shall
    16  mean information that directly or  indirectly  identifies,  relates  to,
    17  describes,  is  capable of being associated with, or could reasonably be
    18  linked to a particular individual, family, or personal device.  Informa-
    19  tion is reasonably linkable to an individual, family, or personal device
    20  if it can be used on its own or in  combination  with  other  reasonably
    21  available  information,  regardless of whether such other information is
    22  held by the social services district or temporary housing  facility,  to
    23  identify an individual, family, or a personal device.
    24    (2)  Any  contract  or  agreement  for  internet access provided by an
    25  internet service provider to a temporary housing facility shall have the
    26  same terms and conditions, other than the requirements of this  section,
    27  as  the regularly priced comparable internet plan offered by such inter-
    28  net service provider.
    29    (3) Local social services districts, temporary housing facilities, and
    30  their employees and subcontractors shall not  be  required  to  actively
    31  monitor or control the information accessed through the WiFi service and
    32  shall not be held responsible for any illegal and/or criminal activities
    33  committed,  orchestrated,  or organized through the provided WiFi access
    34  by residents.
    35    (4) Where credentials, such as a password and username, are  necessary
    36  to  access WiFi, temporary housing facilities must conspicuously display
    37  such credentials in all public areas of the facility. Temporary  housing
    38  facilities  need  not  disclose  the  credentials to access WiFi that is
    39  reserved for staff or emergency service use.
    40    (5) Where a temporary housing facility is a hotel or motel as  defined
    41  in  section one hundred thirty-one-v of this chapter, and such temporary
    42  housing facility provides WiFi access to patrons at no additional  cost,
    43  such  facility  shall  provide  WiFi to all residents, without discrimi-
    44  nation at no additional cost.
    45    § 2.  Subdivision 10 of section 16-gg of section 1 of chapter  174  of
    46  the laws of 1968, as added by section 2 of part MMM of chapter 58 of the
    47  laws of 2022, is amended to read as follows:
    48    10.  ConnectAll  digital  equity grant program. The ConnectAll digital
    49  equity grant program is hereby established  to  support  individuals  to
    50  have  the  information technology capacity needed for full participation
    51  in society and the economy, including the effective implementation of  a
    52  State Digital Equity Plan or any successor plan and to facilitate, fund,
    53  or  reimburse,  the provision of internet access as provided in subdivi-
    54  sion (k) of section 17 and section  153  of  the  social  services  law.
    55  Grants  issued pursuant to this program shall be awarded in a manner and
    56  form as determined by the division consistent with all relevant  federal

        S. 4561--A                          3

     1  laws,  codes, rules, and regulations associated with the federal Digital
     2  Equity Act as established under the Infrastructure Investment  and  Jobs
     3  Act. The division shall establish such State Digital Equity Plan and the
     4  procedures  to  solicit,  receive and evaluate proposals for the program
     5  consistent with rules, regulations, or  guidelines  established  by  the
     6  commissioner.
     7    §  3.  This act shall take effect immediately; provided, however, that
     8  the amendments to subdivision (l) of section 17 of the  social  services
     9  law  made by section one of this act shall not affect the repeal of such
    10  subdivision and shall be deemed repealed therewith. Effective immediate-
    11  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    12  necessary  for  the implementation of this act on its effective date are
    13  authorized to be made and completed on or before such effective date.
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