S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5503
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law, in relation to providing inter-
   net access and access to internet-enabled  devices  to  recipients  of
   public  assistance  and  to  adults and children in shelters, domestic
   violence residence programs, and other adult  and  children  residence
   facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 131-a of the social services  law,
 as  amended  by section 12 of part B of chapter 436 of the laws of 1997,
 is amended to read as follows:
   1. Any inconsistent provision of this chapter or  other  law  notwith-
 standing,  social  services  officials  shall,  in  accordance  with the
 provisions of this section and regulations of  the  department,  provide
 public  assistance  to  needy persons who constitute or are members of a
 family household, who are determined to be eligible in  accordance  with
 standards  of  need  established  in  subdivision  two  OF THIS SECTION.
 Provision for such persons, for all items of need,  less  any  available
 income  or  resources  which are not required to be disregarded by other
 provisions of this chapter,  shall  be  made  in  accordance  with  this
 section.  Such provision shall be made in monthly or semi-monthly allow-
 ances and grants within the limits of the schedules included in subdivi-
 sion three of this section except for additional amounts which shall  be
 included  therein  for shelter, fuel for heating, HOME INTERNET SERVICE,
 additional cost of meals for persons who are unable to prepare meals  at
 home  and for other items for which specific provision is otherwise made
 in THIS article [five]. As used in this section the term  "shelter"  may
 include  a  grant not to exceed two thousand five hundred dollars toward
 the purchase of an interest in a cooperative. A social services official
 shall require assignment of recipient's equity in such cooperative hous-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08819-01-3
              

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 ing in accordance with the rules of the board  and  regulations  of  the
 department.
   §  2.  Paragraph  (b)  of subdivision 2 of section 131-a of the social
 services law, as amended by chapter 87 of the laws of 1993,  is  amended
 to read as follows:
   (b)  In  addition  to  the  above,  the standard of need shall include
 amounts for shelter and  fuel  for  heating,  amounts  for  home  energy
 payments  (including  amounts  for  supplemental  home  energy  grants),
 AMOUNTS FOR HOME INTERNET SERVICE PAYMENTS, amounts for additional  cost
 of meals for persons who are unable to prepare meals at home and amounts
 for other items when required by individual case circumstances for which
 specific  provision  is  otherwise made in article five of this chapter.
 For purposes of determining the amount to be included in the standard of
 need for shelter and fuel  for  heating,  to  the  extent  that  federal
 reimbursement  is  available  therefor,  social services officials shall
 include in the household any child who has entered foster care  pursuant
 to  section three hundred eighty-four-a of this chapter who was eligible
 for and in receipt of assistance and care as a member of  the  household
 in  and  for the month of entry into foster care and for whom the family
 service plan, as defined in section four hundred nine-e of this chapter,
 includes a goal of discharge to a member of the household.
   § 3. Section 131-a of the social services law is amended by adding two
 new subdivisions 3-e and 6 to read as follows:
   3-E. COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR,  FOR  PERSONS
 AND  FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLICATION OF THE STAND-
 ARD OF NEED PRESCRIBED BY THE PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION,  SHALL RECEIVE A HOME INTERNET SERVICE GRANT EQUAL TO AN AMOUNT
 WHICH SHALL BE DETERMINED BY THE DEPARTMENT AS SUFFICIENT TO PROVIDE FOR
 HOME INTERNET SERVICE FOR SUCH PERSONS AND FAMILIES.
   6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER OR OTHER  LAW,
 A  SOCIAL SERVICES OFFICIAL SHALL MAKE PROVISIONS FOR THE PURCHASE OF AN
 INTERNET-ENABLED DEVICE FOR THE HOME OF  A  PERSON  IN  NEED  OF  PUBLIC
 ASSISTANCE, PROVIDED PROVISION THEREFOR CANNOT OTHERWISE BE MADE.
   §  4.  Section 461-c of the social services law is amended by adding a
 new subdivision 10 to read as follows:
   10. ADULT CARE FACILITIES SUBJECT TO  THE  PROVISIONS  OF  THIS  TITLE
 SHALL  PROVIDE RESIDENTS OF SUCH FACILITIES WITH ACCESS TO INTERNET-ENA-
 BLED DEVICES AND INTERNET SERVICE.
   § 5. Section 462 of the social services law is amended by adding a new
 subdivision 3 to read as follows:
   3. CHILD CARE FACILITIES SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL
 PROVIDE RESIDENTS OF SUCH FACILITIES  WITH  ACCESS  TO  INTERNET-ENABLED
 DEVICES AND INTERNET SERVICE.
   § 6. Section 459-b of the social services law, as amended by chapter 7
 of the laws of 2016, is amended to read as follows:
   §  459-b. Residential services for victims of domestic violence. 1. In
 accordance with section one hundred thirty-one-u of this chapter and the
 regulations of the office of children  and  family  services,  a  social
 services  district shall offer and provide necessary and available emer-
 gency shelter and services for  up  to  ninety  days  at  a  residential
 program  for  victims  of  domestic  violence  to  a  victim of domestic
 violence who was residing in the social services district at the time of
 the alleged domestic violence whether or not such victim is eligible for
 public assistance. Two forty-five day extensions of necessary and avail-
 able emergency shelter may be granted beyond the maximum length of  stay
 at  a residential program for victims of domestic violence for residents
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 who continue to be in need of emergency services and temporary  shelter.
 If  the victim of domestic violence has a service animal as such term is
 defined in section one hundred twenty-three-b  of  the  agriculture  and
 markets  law,  or  therapy  dog  as  such term is defined in section one
 hundred eight of the agriculture and  markets  law,  respectively,  such
 service  animal  or therapy dog shall be allowed to accompany the victim
 at the residential program authorized pursuant to this section, so  long
 as  such  accompaniment  would  not create an undue burden as defined by
 section two hundred ninety-six of the executive law.
   2. Where such accompaniment would  constitute  an  undue  burden,  the
 residential  program  shall make reasonable efforts to facilitate place-
 ment of such animal at an off-site animal care facility or if reasonable
 efforts fail, provide referral to  one  or  more  off-site  animal  care
 facilities.  Such  off-site  animal care may include, but not be limited
 to, boarding at a veterinary hospital or under the auspices  of  a  duly
 incorporated  humane  society,  or  duly  incorporated animal protection
 association approved for such purpose by the department  of  agriculture
 and markets.
   3.  Nothing  in this section shall be construed to limit any rights or
 obligations provided pursuant to federal or state law, including but not
 limited to providing  reasonable  accommodations  for  individuals  with
 disabilities.
   4. RESIDENTIAL PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE SHALL PROVIDE
 ACCESS  TO INTERNET-ENABLED DEVICES AND INTERNET SERVICE TO RESIDENTS OF
 SUCH FACILITIES.
   § 7. Subdivision 38 of section 2 of the social services law is amended
 by adding a new paragraph (j) to read as follows:
   (J) "INTERNET-ENABLED DEVICE" MEANS ANY HARDWARE TECHNOLOGY INCLUDING,
 BUT NOT LIMITED TO, A CELLULAR TELEPHONE,  COMPUTER,  OR  TABLET  DEVICE
 THAT IS CAPABLE OF PROVIDING WIRELESS OR WIRELINE INTERNET ACCESS.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.