NY State Senate Bill 2021-S8362

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2022	print number 8362a
May 16, 2022	amend and recommit to finance
May 10, 2022	reported and committed to finance
Feb 16, 2022	referred to social services

Votes

- May 10, 2022 - Social Services Committee Vote
  S8362
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: May 10, 2022
      
      aye (7)
      
      Felder
      
      Kavanagh
      
      Myrie
      
      Persaud
      
      Serino
      
      Serrano
      
      Weik

Bill Amendments

Original

A (Active)

2021-S8362 - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Add §131-ss, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S4548

2021-S8362 - Summary

Provides for the automated identification of affordability program participants to enable such participants to be automatically entered into utility corporation energy affordability programs.

2021-S8362 - Sponsor Memo

                                 
BILL NUMBER: S8362

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the social services law, in relation to providing for
the automated identification of affordability program participants

 
PURPOSE OR GENERAL IDEA OF BILL:

OTDA will coordinate with utility companies on automated file matching
to identify eligible Affordability Program Participants.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 defines terms.

Section 2 provides that the Commissioner shall establish a statewide
program to provide for automated identification of eligible Affordabili-
ty Program Participants for participation in Utility Corporation Energy
Affordability Programs within 180 days.

Section 3 outlines cooperation between OTDA and utility companies.

Section 4 establishes file matching frequency and timeframe for enroll-
ing eligible customers.

Section 5 gives the Commissioner the authority to adopt rules on an
emergency basis.

Section 6 allows the Commissioner to delegate the administration of the
program.

Section 7 establishes the effective date.

 
JUSTIFICATION:

New York's utilities offer Energy Affordability Programs that follow
guidance from the New York Public Service Commission which required
utilities to set low-income program discount levels that keep customer
energy burden at or below a target goal of 6% of household income. The
EAPs offer customers a monthly bill credit using a tiered-discount
structure that considers whether the customer is a heating or non-heat-
ing customer.

Utility customers who receive Home Energy Assistance Program (HEAP)
grants paid to the utility on the customer's behalf are automatically
enrolled in utility corporation's Energy Affordability Programs (EAP).
However, not all low-income customers receive HEAP. In Downstate New
York, the New York City Human Resources Administration (HRA) conducts a
file matching process to also capture customers who participate in other
qualifying programs, including:

*Temporary Assistance for Needy Families

*Safety Net Assistance - Public Assistance

*Supplemental Security Income

*Medicaid

*Food Stamps

*Low Income Home Energy Assistance Program

*Veterans' Disability Program

*Veterans' Surviving Spouse Pension

*Child Health Plus

The inclusion of these programs and corresponding file-matching process
dramatically increases participation in EAP programs. Outside of New
York City, customers are largely responsible for self-identifying for
being eligible for the program - limiting the number of those who bene-
fit. An automated process is also more efficient and less costly to
administer than identifying customers on a case-by-case manner. Making
filing matching a statewide practice is an efficient utilization of
state and utility resources in a streamlined manner.

The COVID-19 pandemic has had a devastating financial impact on New
Yorkers, especially those who were already struggling to make ends meet.
AARP recently estimated that 1.2 million New York households are in
energy utility arrears, totaling more than $1.7 billion. It is essential
that utility customers throughout the state are connected to any and all
assistance programs for which they are eligible. This legislation would
require OTDA to coordinate with utilities to automate that process in a
manner similar to the HRA process in New York City. This will help
ensure that more low-income New Yorkers are receiving the assistance to
which they are entitled.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8362 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8362
 
                             I N  S E N A T E
 
                             February 16, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation  to  providing  for
   the automated identification of affordability program participants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 131-ss to read as follows:
   §  131-SS.  AUTOMATED  IDENTIFICATION OF AFFORDABILITY PROGRAM PARTIC-
 IPANTS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
 RARY AND DISABILITY ASSISTANCE.
   (B) "AFFORDABILITY PROGRAM PARTICIPANT" SHALL MEAN A HOUSEHOLD THAT IS
 DETERMINED  BY  THE  OFFICE  TO  BE  ELIGIBLE  FOR  ANY OF THE FOLLOWING
 PROGRAMS:
   (I) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (FAMILY ASSISTANCE);
   (II) SAFETY NET ASSISTANCE (PUBLIC ASSISTANCE);
   (III) SUPPLEMENTAL SECURITY INCOME;
   (IV) FOOD STAMPS;
   (V) LOW INCOME HOME ENERGY ASSISTANCE PROGRAM;
   (VI) VETERAN'S DISABILITY PENSION;
   (VII) VETERAN'S SURVIVING SPOUSE PENSION;
   (VIII) CHILD HEALTH PLUS;
   (IX) LIFELINE; AND
   (X) ANY OTHER INCOME-BASED ASSISTANCE PROGRAM IDENTIFIED BY THE PUBLIC
 SERVICE COMMISSION IN CONSULTATION WITH THE OFFICE.
   (C) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY DISABILITY ASSISTANCE.
   (D) "UTILITY CORPORATION" SHALL MEAN A CORPORATION REGULATED  PURSUANT
 TO ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   (E)  "UTILITY  CORPORATION  ENERGY  AFFORDABILITY  PROGRAMS"  SHALL BE
 DEFINED BY THE PUBLIC SERVICE  COMMISSION  AND  SHALL  INCLUDE  PROGRAMS
 WHICH  ARE  INTENDED  TO  ASSIST  CUSTOMERS WITH ENERGY AFFORDABILITY BY
 REDUCING CUSTOMERS' ENERGY BURDEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14413-01-2
 S. 8362                             2
 
   2. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER
 OF THE LAWS OF TWO THOUSAND TWENTY-TWO, WHICH ADDED  THIS  SECTION,  THE
 COMMISSIONER  SHALL  ESTABLISH  A STATEWIDE PROGRAM TO PROVIDE FOR AUTO-
 MATED IDENTIFICATION OF ELIGIBLE AFFORDABILITY PROGRAM PARTICIPANTS  FOR
 PARTICIPATION IN UTILITY CORPORATION ENERGY AFFORDABILITY PROGRAMS.
   3.  THE  OFFICE  SHALL  ENGAGE  WITH UTILITY CORPORATIONS TO ESTABLISH
 AUTOMATED FILE MATCHING MECHANISMS THAT  WILL  PROVIDE,  VIA  ELECTRONIC
 MEANS,  TO UTILITY CORPORATIONS A LIST OF ELIGIBLE AFFORDABILITY PROGRAM
 PARTICIPANTS WITHIN THE UTILITY CORPORATION'S SERVICE TERRITORY.
   4. THE OFFICE SHALL CONDUCT AUTOMATED FILE MATCHING TO IDENTIFY UTILI-
 TY CORPORATION CUSTOMER ACCOUNTS WITH AFFORDABILITY PROGRAM PARTICIPANTS
 AND SUCH INFORMATION SHALL BE PROVIDED TO UTILITY CORPORATIONS  NO  LESS
 THAN SEMI-ANNUALLY.  UTILITY CORPORATION CUSTOMER ACCOUNTS IDENTIFIED BY
 THE  OFFICE  AS  ELIGIBLE  FOR PARTICIPATION IN AVAILABLE UTILITY CORPO-
 RATION ENERGY AFFORDABILITY PROGRAMS AS A RESULT OF SUCH  FILE  MATCHING
 SHALL  BE  ENROLLED IN SUCH PROGRAMS WITHIN SIXTY DAYS OF RECEIPT OF THE
 OFFICE COMMUNICATING THE RESULTS OF THE AUTOMATED FILE MATCHING  TO  THE
 UTILITY CORPORATION.
   5. THE COMMISSIONER MAY ADOPT, ON AN EMERGENCY BASIS PURSUANT TO ARTI-
 CLE  TWO  OF THE STATE ADMINISTRATIVE PROCEDURE ACT, ANY RULES NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   6. THE COMMISSIONER MAY DELEGATE THE ADMINISTRATION OF ANY PORTION  OF
 THIS  PROGRAM  TO  ANY  STATE  AGENCY, CITY, COUNTY, TOWN, CONTRACTOR OR
 NON-PROFIT ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS  ARTI-
 CLE AND APPLICABLE FEDERAL REQUIREMENTS.
   § 2.  This act shall take effect immediately.

2021-S8362A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Add §131-ss, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S4548

2021-S8362A (ACTIVE) - Summary

Provides for the automated identification of affordability program participants to enable such participants to be automatically entered into utility corporation energy affordability programs.

2021-S8362A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8362A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the social services law, in relation to providing for
the automated identification of affordability program participants

 
PURPOSE OR GENERAL IDEA OF BILL:

OTDA will coordinate with utility companies on automated file matching
to identify eligible Affordability Program Participants.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 defines terms.

Section 2 provides that the Commissioner shall establish a statewide
program to provide for automated identification of eligible Affordabili-
ty Program Participants for participation in Utility Corporation Energy
Affordability Programs within 180 days.

Section 3 outlines cooperation between OTDA and utility companies.

Section 4 establishes file matching frequency and timeframe for enroll-
ing eligible customers.

Section 5 gives the Commissioner the authority to adopt rules on an
emergency basis.

Section 6 allows the Commissioner to delegate the administration of the
program.

Section 7 establishes the effective date.

 
JUSTIFICATION:

New York's utilities offer Energy Affordability Programs that follow
guidance from the New York Public Service Commission which required
utilities to set low-income program discount levels that keep customer
energy burden at or below a target goal of 6% of household income. The
EAPs offer customers a monthly bill credit using a tiered-discount
structure that considers whether the customer is a heating or non-heat-
ing customer.

Utility customers who receive Home Energy Assistance Program (HEAP)
grants paid to the utility on the customer's behalf are automatically
enrolled in utility corporation's Energy Affordability Programs (EAP).
However, not all low-income customers receive HEAP. In Downstate New
York, the New York City Human Resources Administration (HRA) conducts a
file matching process to also capture customers who participate in other
qualifying programs, including:

*Temporary Assistance for Needy Families

*Safety Net Assistance - Public Assistance

*Supplemental Security Income

*Medicaid

*Food Stamps

*Low Income Home Energy Assistance Program

*Veterans' Disability Program

*Veterans' Surviving Spouse Pension

*Child Health Plus

The inclusion of these programs and corresponding file-matching process
dramatically increases participation in EAP programs. Outside of New
York City, customers are largely responsible for self-identifying for
being eligible for the program - limiting the number of those who bene-
fit. An automated process is also more efficient and less costly to
administer than identifying customers on a case-by-case manner. Making
filing matching a statewide practice is an efficient utilization of
state and utility resources in a streamlined manner.

The COVID-19 pandemic has had a devastating financial impact on New
Yorkers, especially those who were already struggling to make ends meet.
HARP recently estimated that 1.2 million New York households are in
energy utility arrears, totaling more than $1.7 billion. It is essential
that utility customers throughout the state are connected to any and all
assistance programs for which they are eligible. This legislation would
require OTDA to coordinate with utilities to automate that process in a
manner similar to the HRA process in New York City. This will help
ensure that more low-income New Yorkers are receiving the assistance to
which they are entitled.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8362A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8362--A
 
                             I N  S E N A T E
 
                             February 16, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Social  Services  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- 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  for
   the automated identification of affordability program participants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 131-ss to read as follows:
   §  131-SS.  AUTOMATED  IDENTIFICATION OF AFFORDABILITY PROGRAM PARTIC-
 IPANTS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
 RARY AND DISABILITY ASSISTANCE.
   (B) "AFFORDABILITY PROGRAM PARTICIPANT" SHALL MEAN A HOUSEHOLD THAT IS
 DETERMINED  TO  BE  ELIGIBLE  BY  THE  APPROPRIATE AGENCY FOR ANY OF THE
 FOLLOWING PROGRAMS:
   (I) PUBLIC ASSISTANCE;
   (II) SUPPLEMENTAL SECURITY INCOME;
   (III) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
   (IV) LOW INCOME HOME ENERGY ASSISTANCE PROGRAM;
   (V) VETERAN'S DISABILITY PENSION;
   (VI) VETERAN'S SURVIVING SPOUSE PENSION;
   (VII) CHILD HEALTH PLUS;
   (VIII) LIFELINE; AND
   (IX) ANY OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY  THE
 PUBLIC SERVICE COMMISSION IN CONSULTATION WITH THE OFFICE.
   (C) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY DISABILITY ASSISTANCE.
   (D)  "UTILITY CORPORATION" SHALL MEAN A CORPORATION REGULATED PURSUANT
 TO ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   (E) "UTILITY  CORPORATION  ENERGY  AFFORDABILITY  PROGRAMS"  SHALL  BE
 DEFINED  BY  THE  PUBLIC  SERVICE  COMMISSION AND SHALL INCLUDE PROGRAMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14413-03-2
 S. 8362--A                          2
 
 WHICH ARE INTENDED TO ASSIST  CUSTOMERS  WITH  ENERGY  AFFORDABILITY  BY
 REDUCING CUSTOMERS' ENERGY BURDEN.
   2.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
 SECTION, THE COMMISSIONER SHALL ESTABLISH A STATEWIDE PROGRAM TO PROVIDE
 FOR AUTOMATED IDENTIFICATION OF ELIGIBLE AFFORDABILITY  PROGRAM  PARTIC-
 IPANTS  FOR  PARTICIPATION  IN  UTILITY CORPORATION ENERGY AFFORDABILITY
 PROGRAMS.
   3. THE OFFICE SHALL ENGAGE  WITH  UTILITY  CORPORATIONS  TO  ESTABLISH
 AUTOMATED  FILE  MATCHING  MECHANISMS  THAT WILL PROVIDE, VIA ELECTRONIC
 MEANS, TO UTILITY CORPORATIONS A LIST OF ELIGIBLE AFFORDABILITY  PROGRAM
 PARTICIPANTS WITHIN THE UTILITY CORPORATION'S SERVICE TERRITORY.
   4. THE OFFICE SHALL CONDUCT AUTOMATED FILE MATCHING TO IDENTIFY UTILI-
 TY  CORPORATION  CUSTOMER  ACCOUNTS  THAT ARE ALSO AFFORDABILITY PROGRAM
 PARTICIPANTS AND SUCH INFORMATION SHALL BE PROVIDED  TO  UTILITY  CORPO-
 RATIONS  NO  LESS  THAN  SEMI-ANNUALLY.    UTILITY  CORPORATION CUSTOMER
 ACCOUNTS IDENTIFIED BY THE  OFFICE  AS  ELIGIBLE  FOR  PARTICIPATION  IN
 AVAILABLE  UTILITY CORPORATION ENERGY AFFORDABILITY PROGRAMS AS A RESULT
 OF SUCH FILE MATCHING SHALL BE ENROLLED IN SUCH  PROGRAMS  WITHIN  SIXTY
 DAYS OF RECEIPT OF THE OFFICE COMMUNICATING THE RESULTS OF THE AUTOMATED
 FILE  MATCHING  TO THE UTILITY CORPORATION.  ANY INFORMATION PROVIDED TO
 THE UTILITY CORPORATIONS RELATED TO AFFORDABILITY  PROGRAM  PARTICIPANTS
 PURSUANT  TO  THIS SECTION SHALL BE REDACTED AS NECESSARY TO PROTECT ANY
 INFORMATION THAT IS PROTECTED UNDER ANY STATE OR FEDERAL  PRIVACY  LAWS,
 KEPT  CONFIDENTIAL,  AND  SHALL  ONLY  BE  UTILIZED  FOR  THE PURPOSE OF
 CONFIRMING ELIGIBILITY IN THE UTILITY CORPORATION  ENERGY  AFFORDABILITY
 PROGRAM.
   5. THE COMMISSIONER MAY ADOPT, ON AN EMERGENCY BASIS PURSUANT TO ARTI-
 CLE  TWO  OF THE STATE ADMINISTRATIVE PROCEDURE ACT, ANY RULES NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   6. THE COMMISSIONER MAY DELEGATE THE ADMINISTRATION OF ANY PORTION  OF
 THIS  PROGRAM  TO  ANY  STATE  AGENCY, CITY, COUNTY, TOWN, CONTRACTOR OR
 NON-PROFIT ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS  ARTI-
 CLE AND APPLICABLE FEDERAL REQUIREMENTS.  PROVIDED HOWEVER, SUCH PRIVACY
 AND  CONFIDENTIALITY  LIMITATIONS PRESCRIBED IN SUBDIVISION FOUR OF THIS
 SECTION SHALL APPLY TO ANY ENTITY THAT THE  COMMISSIONER  DELEGATES  THE
 ADMINISTRATION OF THE PROGRAM TO.
   § 2.  This act shall take effect immediately.

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Senate Bill S8362

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 10, 2022 - Social Services Committee Vote

Social Services Committee Vote: May 10, 2022

Bill Amendments

2021-S8362 - Details

2021-S8362 - Summary

2021-S8362 - Sponsor Memo

2021-S8362 - Bill Text download pdf

2021-S8362A (ACTIVE) - Details

2021-S8362A (ACTIVE) - Summary

2021-S8362A (ACTIVE) - Sponsor Memo

2021-S8362A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8362

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2021-S8362 - Details

2021-S8362 - Summary

2021-S8362 - Sponsor Memo

2021-S8362 - Bill Text download pdf

2021-S8362A (ACTIVE) - Details

2021-S8362A (ACTIVE) - Summary

2021-S8362A (ACTIVE) - Sponsor Memo

2021-S8362A (ACTIVE) - Bill Text download pdf

Comments