Bill Text: NY S08022 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to automated identification of OTDA assistance program participants; identifies entities to be defined as a "utility corporation"; requires utility corporations to administer secure transmission of participant data; requires utility corporations to conduct automated file matching with OTDA assistance program participant accounts; directs utility corporations to notify participants of automatic enrollment in utility corporation affordability program; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-07 - SUBSTITUTED BY A8488 [S08022 Detail]

Download: New_York-2023-S08022-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8022

                    IN SENATE

                                     January 5, 2024
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the social services law, in relation to automated  iden-
          tification of OTDA assistance program participants

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

     1    Section 1. Section 131-ss of the social services law, as  added  by  a
     2  chapter  of  the  laws  of  2023 relating to providing for the automated
     3  identification of affordability program  participants,  as  proposed  in
     4  legislative  bills  numbers  S.  4548 and A. 4876, is amended to read as
     5  follows:
     6    § 131-ss. Automated identification of [affordability] OTDA  assistance
     7  program  participants. 1. Definitions. For the purposes of this section,
     8  the following terms shall have the following meanings:
     9    (a) "Commissioner" shall mean the commissioner of the office of tempo-
    10  rary and disability assistance.
    11    (b) "Office" or "OTDA" shall mean the office of temporary and disabil-
    12  ity assistance.
    13    (c) "[Affordability] OTDA assistance program participant" shall mean a
    14  household that is determined to be eligible by the [appropriate  agency]
    15  office  for  any  of the following programs, provided, however, that the
    16  office may require written consent from OTDA assistance program  partic-
    17  ipants before using data obtained from any of the following programs for
    18  the purposes of this section:
    19    (i) Public assistance;
    20    (ii) [Supplemental security income;
    21    (iii) Supplemental Nutrition Assistance Program (SNAP);
    22    (iv) Low income home] Home energy assistance program[;
    23    (v) Veteran's disability pension;
    24    (vi) Veteran's surviving spouse pension;
    25    (vii) Child health plus;
    26    (viii) Lifeline]; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01630-03-4
        S. 8022                             2

     1    [(ix)]  (iii)  Any other income-based assistance program identified by
     2  the public service commission [in consultation with]  that  is  adminis-
     3  tered and approved for inclusion under this section by the office.
     4    [(c)  "Office"  shall  mean the office of temporary disability assist-
     5  ance.]
     6    (d) "Utility corporation" shall [mean a corporation regulated pursuant
     7  to article two of the public service  law]  include  utility  companies,
     8  utility  corporations,  public  utility companies, public utility corpo-
     9  rations, gas corporations, electric corporations, or  municipalities  as
    10  defined  in section two of the public service law and regulated pursuant
    11  to the public service law, a municipal corporation that provides  public
    12  utility  services,  a  rural  electric  cooperative,  or  a state public
    13  authority that provides utility services.
    14    (e) "Utility  corporation  energy  affordability  programs"  shall  be
    15  defined  by the public service commission and shall [include] be limited
    16  to utility corporation programs which are intended to  assist  customers
    17  with energy affordability by reducing customers' energy burden.
    18    2. Within one [hundred eighty days] year of the effective date of this
    19  section,  the  commissioner  shall  [establish  a  statewide program to]
    20  provide for automated identification of  [eligible  affordability]  OTDA
    21  assistance program participants for participation in utility corporation
    22  energy  affordability  programs  pursuant  to  subdivision  four of this
    23  section.
    24    3. The [office shall engage with  utility  corporations  to  establish
    25  automated  file  matching  mechanisms  that will provide, via electronic
    26  means, to utility corporations a list of eligible affordability  program
    27  participants within the utility corporation's service territory] utility
    28  corporation  shall be responsible for working with the office to facili-
    29  tate and implement the  technological  capabilities  to  allow  for  the
    30  secure  transmission  of  data  through  an  interface with the office's
    31  information technology infrastructure.
    32    4. [The] (a) To the extent permitted by federal law,  regulations  and
    33  policies, the office, upon the utility corporation agreeing to and sign-
    34  ing  the  office's  data  terms  and  upon  receipt of the required data
    35  elements from the utility corporation, as such data elements are defined
    36  by the office, shall conduct automated file matching to identify utility
    37  corporation customer accounts that are also [affordability] OTDA assist-
    38  ance program participants and, if permitted by federal law,  regulations
    39  and policies, such information shall be provided to utility corporations
    40  no  less than semi-annually. Utility corporation customer accounts iden-
    41  tified by the office as potentially eligible for participation in avail-
    42  able utility corporation energy affordability programs as  a  result  of
    43  such  file  matching shall be, if confirmed as eligible for such utility
    44  corporation energy affordability programs by  the  utility  corporation,
    45  enrolled  in  such  utility corporation energy affordability programs by
    46  the utility corporation within sixty days  of  receipt  by  the  utility
    47  corporation  of  [the office communicating] the results of the automated
    48  file [matching  to  the  utility  corporation]  match.  Any  information
    49  provided  to  the  utility  corporations related to [affordability] OTDA
    50  assistance program participants pursuant to this section  shall  not  be
    51  [redacted  as  necessary  to  protect  any information that is protected
    52  under any state or federal privacy laws, kept confidential,] redisclosed
    53  by the utility corporation and shall only be utilized for the purpose of
    54  confirming eligibility in the utility corporation  energy  affordability
    55  program  and  providing  notifications pursuant to paragraph (b) of this
    56  subdivision.
        S. 8022                             3

     1    (b) Upon  automatic  enrollment  in  the  utility  corporation  energy
     2  affordability  program,  the  utility  corporation shall provide written
     3  notification to the utility  corporation  energy  affordability  program
     4  participant of their enrollment in such program.
     5    (c)  Except  as  prohibited by federal law, regulation, or policy, and
     6  notwithstanding any provision of state  or  local  law,  regulation,  or
     7  policy to the contrary, a utility corporation is authorized to share the
     8  required  data  elements for the purposes of and as provided for by this
     9  section.
    10    5. The commissioner may adopt, on an emergency basis pursuant to arti-
    11  cle two of the state administrative procedure act, any  rules  necessary
    12  to carry out the provisions of this article.
    13    6.  The commissioner may delegate the administration of any portion of
    14  this [program] section to any state agency,  social  services  official,
    15  city,  county, town, contractor or non-profit organization in accordance
    16  with the provisions of this article and applicable federal requirements.
    17  Provided  however,  such   privacy   and   confidentiality   limitations
    18  prescribed  in  [subdivision  four  of]  this section shall apply to any
    19  entity [that] to which the commissioner delegates the administration  of
    20  [the program to] any portion of this section.
    21    §  2.  This  act  shall  take  effect on the same date and in the same
    22  manner as a chapter of the laws of 2023 relating to  providing  for  the
    23  automated  identification  of  affordability  program  participants,  as
    24  proposed in legislative bills numbers S. 4548 and A. 4876, takes effect.