S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8488
 
                           I N  A S S E M B L Y
 
                              January 4, 2024
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Social Services
 
 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:

   Section 1. Section 131-ss of the social services law, as  added  by  a
 chapter  of  the  laws  of  2023 relating to providing for the automated
 identification of affordability program  participants,  as  proposed  in
 legislative  bills  numbers  S.  4548 and A. 4876, is amended to read as
 follows:
   § 131-ss. Automated identification of [affordability] OTDA  ASSISTANCE
 program  participants. 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) "OFFICE" OR "OTDA" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABIL-
 ITY ASSISTANCE.
   (C) "[Affordability] OTDA ASSISTANCE program participant" shall mean a
 household that is determined to be eligible by the [appropriate  agency]
 OFFICE  for  any  of the following programs, PROVIDED, HOWEVER, THAT THE
 OFFICE MAY REQUIRE WRITTEN CONSENT FROM OTDA ASSISTANCE PROGRAM  PARTIC-
 IPANTS BEFORE USING DATA OBTAINED FROM ANY OF THE FOLLOWING PROGRAMS FOR
 THE PURPOSES OF THIS SECTION:
   (i) Public assistance;
   (ii) [Supplemental security income;
   (iii) Supplemental Nutrition Assistance Program (SNAP);
   (iv) Low income home] HOME energy assistance program[;
   (v) Veteran's disability pension;
   (vi) Veteran's surviving spouse pension;
   (vii) Child health plus;
   (viii) Lifeline]; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01630-03-4
 A. 8488                             2
              

 
   [(ix)]  (III)  Any other income-based assistance program identified by
 the public service commission [in consultation with]  THAT  IS  ADMINIS-
 TERED AND APPROVED FOR INCLUSION UNDER THIS SECTION BY the office.
   [(c)  "Office"  shall  mean the office of temporary disability assist-
 ance.]
   (d) "Utility corporation" shall [mean a corporation regulated pursuant
 to article two of the public service  law]  INCLUDE  UTILITY  COMPANIES,
 UTILITY  CORPORATIONS,  PUBLIC  UTILITY COMPANIES, PUBLIC UTILITY CORPO-
 RATIONS, GAS CORPORATIONS, ELECTRIC CORPORATIONS, OR  MUNICIPALITIES  AS
 DEFINED  IN SECTION TWO OF THE PUBLIC SERVICE LAW AND REGULATED PURSUANT
 TO THE PUBLIC SERVICE LAW, A MUNICIPAL CORPORATION THAT PROVIDES  PUBLIC
 UTILITY  SERVICES,  A  RURAL  ELECTRIC  COOPERATIVE,  OR  A STATE PUBLIC
 AUTHORITY THAT PROVIDES UTILITY SERVICES.
   (e) "Utility  corporation  energy  affordability  programs"  shall  be
 defined  by the public service commission and shall [include] BE LIMITED
 TO UTILITY CORPORATION programs which are intended to  assist  customers
 with energy affordability by reducing customers' energy burden.
   2. Within one [hundred eighty days] YEAR of the effective date of this
 section,  the  commissioner  shall  [establish  a  statewide program to]
 provide for automated identification of  [eligible  affordability]  OTDA
 ASSISTANCE program participants for participation in utility corporation
 energy  affordability  programs  PURSUANT  TO  SUBDIVISION  FOUR OF THIS
 SECTION.
   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] UTILITY
 CORPORATION  SHALL BE RESPONSIBLE FOR WORKING WITH THE OFFICE TO FACILI-
 TATE AND IMPLEMENT THE  TECHNOLOGICAL  CAPABILITIES  TO  ALLOW  FOR  THE
 SECURE  TRANSMISSION  OF  DATA  THROUGH  AN  INTERFACE WITH THE OFFICE'S
 INFORMATION TECHNOLOGY INFRASTRUCTURE.
   4. [The] (A) TO THE EXTENT PERMITTED BY FEDERAL LAW,  REGULATIONS  AND
 POLICIES, THE office, UPON THE UTILITY CORPORATION AGREEING TO AND SIGN-
 ING  THE  OFFICE'S  DATA  TERMS  AND  UPON  RECEIPT OF THE REQUIRED DATA
 ELEMENTS FROM THE UTILITY CORPORATION, AS SUCH DATA ELEMENTS ARE DEFINED
 BY THE OFFICE, shall conduct automated file matching to identify utility
 corporation customer accounts that are also [affordability] OTDA ASSIST-
 ANCE program participants and, IF PERMITTED BY FEDERAL LAW,  REGULATIONS
 AND POLICIES, such information shall be provided to utility corporations
 no  less than semi-annually. Utility corporation customer accounts iden-
 tified by the office as POTENTIALLY eligible for participation in avail-
 able utility corporation energy affordability programs as  a  result  of
 such  file  matching shall be, IF CONFIRMED AS ELIGIBLE FOR SUCH UTILITY
 CORPORATION ENERGY AFFORDABILITY PROGRAMS BY  THE  UTILITY  CORPORATION,
 enrolled  in  such  UTILITY CORPORATION ENERGY AFFORDABILITY programs BY
 THE UTILITY CORPORATION within sixty days  of  receipt  BY  THE  UTILITY
 CORPORATION  of  [the office communicating] the results of the automated
 file [matching  to  the  utility  corporation]  MATCH.  Any  information
 provided  to  the  utility  corporations related to [affordability] OTDA
 ASSISTANCE program participants pursuant to this section  shall  NOT  be
 [redacted  as  necessary  to  protect  any information that is protected
 under any state or federal privacy laws, kept confidential,] REDISCLOSED
 BY THE UTILITY CORPORATION and shall only be utilized for the purpose of
 confirming eligibility in the utility corporation  energy  affordability
 program  AND  PROVIDING  NOTIFICATIONS PURSUANT TO PARAGRAPH (B) OF THIS
 SUBDIVISION.
 A. 8488                             3

   (B) UPON  AUTOMATIC  ENROLLMENT  IN  THE  UTILITY  CORPORATION  ENERGY
 AFFORDABILITY  PROGRAM,  THE  UTILITY  CORPORATION SHALL PROVIDE WRITTEN
 NOTIFICATION TO THE UTILITY  CORPORATION  ENERGY  AFFORDABILITY  PROGRAM
 PARTICIPANT OF THEIR ENROLLMENT IN SUCH PROGRAM.
   (C)  EXCEPT  AS  PROHIBITED BY FEDERAL LAW, REGULATION, OR POLICY, AND
 NOTWITHSTANDING ANY PROVISION OF STATE  OR  LOCAL  LAW,  REGULATION,  OR
 POLICY TO THE CONTRARY, A UTILITY CORPORATION IS AUTHORIZED TO SHARE THE
 REQUIRED  DATA  ELEMENTS FOR THE PURPOSES OF AND AS PROVIDED FOR BY THIS
 SECTION.
   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] SECTION to any state agency,  SOCIAL  SERVICES  OFFICIAL,
 city,  county, town, contractor or non-profit organization in accordance
 with the provisions of this article and applicable federal requirements.
 Provided  however,  such   privacy   and   confidentiality   limitations
 prescribed  in  [subdivision  four  of]  this section shall apply to any
 entity [that] TO WHICH the commissioner delegates the administration  of
 [the program to] ANY PORTION OF THIS SECTION.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2023 relating to  providing  for  the
 automated  identification  of  affordability  program  participants,  as
 proposed in legislative bills numbers S. 4548 and A. 4876, takes effect.