S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7504
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the New York state urban development corporation act, in
   relation to enacting the "N.Y. state digital equity plan act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "N.Y. state digital equity plan act".
   § 2. Subdivision 10 of section 16-gg of section 1 of  chapter  174  of
 the  laws of 1968 constituting the urban development corporation act, as
 added by section 2 of part MMM of chapter 58 of the  laws  of  2022,  is
 amended and a new subdivision 10-a is added to read as follows:
   10.  ConnectAll  digital  equity grant program. The ConnectAll digital
 equity grant program is hereby established  to  support  individuals  to
 have  the  information technology capacity needed for full participation
 in society and the economy, including the effective implementation of  a
 State  Digital Equity Plan or any successor plan. Grants issued pursuant
 to this program shall be awarded in a manner and form as  determined  by
 the  division  consistent  with all relevant federal laws, codes, rules,
 and regulations associated with the federal Digital Equity Act as estab-
 lished under the Infrastructure Investment and Jobs  Act.  The  division
 shall  establish  such  State  Digital  Equity  Plan, IN ACCORDANCE WITH
 SUBDIVISION TEN-A OF  THIS  SECTION,  and  the  procedures  to  solicit,
 receive  and  evaluate  proposals for the program consistent with rules,
 regulations, or guidelines established by the commissioner.
   10-A. (A) BY JANUARY 1, 2025, THE DIVISION, IN CONSULTATION  WITH  THE
 PUBLIC AND THE COMMISSIONER, SHALL DEVELOP A STATE DIGITAL EQUITY PLAN.
   (B) THE STATE DIGITAL EQUITY PLAN SHALL INCLUDE THE FOLLOWING:
   (I)  THE IDENTIFICATION OF BARRIERS TO DIGITAL EQUITY FACED BY COVERED
 POPULATIONS IN THIS STATE. BARRIERS INCLUDE, BUT ARE NOT LIMITED TO, THE
 FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05766-01-3
              

 A. 7504                             2
 
   (1) THE AVAILABILITY AND AFFORDABILITY OF ACCESS TO FIXED AND WIRELESS
 BROADBAND TECHNOLOGY AT A SPEED, QUALITY, AND CAPACITY THAT IS NECESSARY
 FOR THE INDIVIDUAL TO ACCOMPLISH COMMON TASKS;
   (2)  ACCESSIBILITY  AND  INCLUSIVITY  OF  ONLINE  PUBLIC RESOURCES AND
 SERVICES;
   (3) DIGITAL LITERACY;
   (4) AWARENESS AND USE OF MEASURES TO SECURE  THE  ONLINE  PRIVACY  AND
 CYBERSECURITY OF AN INDIVIDUAL; AND
   (5)  AVAILABILITY  AND AFFORDABILITY OF CONSUMER DEVICES AND TECHNICAL
 SUPPORT FOR THOSE DEVICES.
   (II) MEASURABLE OBJECTIVES FOR DOCUMENTING AND PROMOTING DIGITAL EQUI-
 TY AMONG COVERED POPULATIONS LOCATED IN THE STATE;
   (III) AN ASSESSMENT OF HOW THE OBJECTIVES DESCRIBED IN  THIS  SUBDIVI-
 SION WILL IMPACT AND INTERACT WITH THE FOLLOWING:
   (1)  ECONOMIC  AND WORKFORCE DEVELOPMENT GOALS, PLANS, AND OUTCOMES OF
 THE STATE;
   (2) EDUCATIONAL OUTCOMES, INCLUDING, BUT NOT LIMITED TO, DIGITAL EQUI-
 TY BARRIERS FOR INDIVIDUALS WITH LEARNING DISABILITIES AND ENGLISH LEAR-
 NERS;
   (3) HEALTH OUTCOMES;
   (4) CIVIC AND SOCIAL ENGAGEMENT; AND
   (5) DELIVERY OF OTHER ESSENTIAL SERVICES.
   (IV) A DESCRIPTION OF HOW THE DIVISION PLANS TO COLLABORATE  WITH  KEY
 STAKEHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
   (1) COMMUNITY ANCHOR INSTITUTIONS;
   (2) LOCAL GOVERNMENTS;
   (3) LOCAL EDUCATIONAL AGENCIES;
   (4) NATIVE AMERICAN TRIBES;
   (5) NON-PROFIT ORGANIZATIONS;
   (6) ORGANIZATIONS THAT REPRESENT COVERED POPULATIONS;
   (7) CIVIL RIGHTS ORGANIZATIONS;
   (8) ENTITIES THAT CARRY OUT WORKFORCE DEVELOPMENT PROGRAMS;
   (9) STATE AND LOCAL AGENCIES THAT ARE RESPONSIBLE FOR ADMINISTERING OR
 SUPERVISING ADULT EDUCATION AND LITERACY ACTIVITIES;
   (10) STATE AND LOCAL PUBLIC HOUSING AUTHORITIES;
   (11) INTERNET SERVICE PROVIDERS; AND
   (12) PARTNERSHIPS BETWEEN ANY OF THE ENTITIES DESCRIBED IN CLAUSES ONE
 THROUGH ELEVEN OF THIS SUBPARAGRAPH.
   (V)  A  LIST  OF ORGANIZATIONS WITH WHICH THE DIVISION COLLABORATED IN
 DEVELOPING AND IMPLEMENTING THE STATE DIGITAL EQUITY PLAN; AND
   (VI) AN ASSESSMENT OF EXISTING DIGITAL INCLUSION PROGRAMS IN THE STATE
 AND RECOMMENDATIONS FOR NON-PROFIT ORGANIZATIONS TO SERVE COVERED  POPU-
 LATIONS, INCLUDING OPPORTUNITIES TO INTEGRATE WITH OTHER SOCIAL SERVICES
 OUTREACH  PROGRAMS  AND OPPORTUNITIES FOR COVERED POPULATIONS TO PARTIC-
 IPATE IN TRAINING THEY CAN THEN LEVERAGE TO ENTER CAREERS IN THE  INFOR-
 MATION TECHNOLOGY SECTOR.
   (C)  NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE DIVISION SHALL
 ESTABLISH A DIGITAL EQUITY FUND TO IMPLEMENT THE  STATE  DIGITAL  EQUITY
 PLAN.  THE  FUND  SHALL INCLUDE ALL FEDERAL FUNDING APPROPRIATED FOR THE
 DEVELOPMENT OF A STATE DIGITAL EQUITY PLAN INCLUDING BUT NOT LIMITED  TO
 FUNDING  FROM  THE  INFRASTRUCTURE  INVESTMENT AND JOBS ACT. INTEREST ON
 MONEYS DEPOSITED IN THE FUND SHALL BE CREDITED TO THE FUND.
   § 3. Subdivision 2 of section 16-gg of section 1 of chapter 174 of the
 laws of 1968 constituting the urban development  corporation  act,  such
 section  as  added by section 2 of part MMM of chapter 58 of the laws of
 A. 7504                             3
 
 2022, is amended by adding two new paragraphs (i) and  (j)  to  read  as
 follows:
   (I)  "CONSULTATION  WITH  THE  PUBLIC"  MEANS SOLICITING AND RECEIVING
 POLICY RECOMMENDATION LETTERS FROM KEY STAKEHOLDERS AS LISTED IN SUBPAR-
 AGRAPH (IV) OF PARAGRAPH (B)  OF  SUBDIVISION  TEN-A  OF  THIS  SECTION,
 SOLICITING  AND  RECEIVING  PUBLIC COMMENT, AND HOSTING PUBLIC WORKSHOPS
 AND MEETINGS.
   (J) "COVERED POPULATIONS" MEANS DEMOGRAPHICS THAT ARE  UNDERSERVED  IN
 REGARDS  TO  INTERNET  ACCESS AND DIGITAL LITERACY, AND INCLUDES, BUT IS
 NOT LIMITED TO, THE FOLLOWING:
   (I) HOUSEHOLDS WHOSE INCOME IS ONE HUNDRED FIFTY PERCENT OF THE FEDER-
 AL POVERTY LEVEL OR LESS FOR THE PRIOR CALENDAR YEAR;
   (II) INDIVIDUALS SIXTY YEARS OF AGE OR OLDER;
   (III) VETERANS;
   (IV) INDIVIDUALS WITH DISABILITIES;
   (V) INDIVIDUALS WITH LANGUAGE BARRIERS, SUCH AS ENGLISH  LEARNERS  AND
 INDIVIDUALS WITH LOW LITERACY LEVELS;
   (VI) MEMBERS OF A RACIAL OR ETHNIC MINORITY GROUP; AND
   (VII) RESIDENTS OF RURAL AREAS.
   § 4. This act shall take effect immediately.