S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4561--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced by Sens. GONZALEZ, BAILEY, BRISPORT, BROUK, CLEARE, GIANARIS,
   GOUNARDES,  HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KENNEDY, MYRIE,
   RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Social  Services  --  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 inter-
   net  access  to  all individuals residing in temporary housing; and to
   amend the  New  York  state  urban  development  corporation  act,  in
   relation to the ConnectAll  digital  equity grant program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (k) of section 17 of the social  services  law,
 as relettered by chapter 424 of the laws of 2017, is relettered subdivi-
 sion (l) and a new subdivision (k) is added to read as follows:
   (K) REQUIRE THAT ALL TEMPORARY HOUSING FACILITIES SHALL PROVIDE ACCESS
 TO  HIGH-SPEED  BROADBAND INTERNET SERVICE AND WIFI SERVICE TO ALL INDI-
 VIDUALS RESIDING IN SUCH TEMPORARY HOUSING.  THE WIFI SERVICE  SHALL  BE
 MADE  AVAILABLE  IN  PRIVATE  AND  COMMON AREAS ACCESSIBLE TO RESIDENTS.
 SUCH SHELTER SHALL HAVE AT LEAST ONE ROUTER AND AT LEAST ONE  MODEM,  OR
 ANY  TECHNOLOGICAL EQUIVALENT THAT PERFORMS THE FUNCTION OF PROVIDING AN
 AREA WITH HIGH-SPEED BROADBAND INTERNET SERVICE.   FOR THE  PURPOSES  OF
 THIS SUBDIVISION, THE TERM "HIGH-SPEED BROADBAND INTERNET SERVICE" MEANS
 INTERNET SERVICE WITH DOWNLOAD SPEEDS OF AT LEAST ONE GIGABIT PER SECOND
 AND  UPLOAD SPEEDS OF AT LEAST ONE GIGABIT PER SECOND, OR IF SUCH SPEEDS
 ARE NOT AVAILABLE THE MAXIMUM DOWNLOAD AND  UPLOAD  SPEEDS  COMMERCIALLY
 AVAILABLE  WITHIN  THE  LOCAL SOCIAL SERVICES DISTRICT.   THE TERM "WIFI
 SERVICE" MEANS ACCESS TO HIGH-SPEED BROADBAND INTERNET THROUGH  WIRELESS
 ROUTER WHICH CONNECTS TO THE INTERNET BY WIRE OR CABLE.  FOR PURPOSES OF
 THIS SUBDIVISION, TEMPORARY HOUSING SHALL INCLUDE BUT NOT BE LIMITED TO,
 SHELTERS  FOR  ADULTS, SHELTERS FOR ADULT FAMILIES, SMALL-CAPACITY SHEL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05533-04-3
              

 S. 4561--A                          2
 
 TERS, SHELTERS FOR FAMILIES WITH CHILDREN, DOMESTIC  VIOLENCE  SHELTERS,
 RUNAWAY  AND HOMELESS YOUTH SHELTERS, SHELTERS IN HOTELS OR SHELTERS FOR
 REFUGEES. EACH TEMPORARY HOUSING FACILITY SHALL  SUBMIT  THEIR  PLAN  TO
 PROVIDE  INTERNET  ACCESS PURSUANT TO THIS SUBDIVISION TO THE DEPARTMENT
 FOR OVERSIGHT AND APPROVAL WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SUBDIVISION. TEMPORARY HOUSING FACILITIES  SHALL  IMPLEMENT  AND  COMPLY
 WITH SUCH PLANS WITHIN ONE YEAR OF SUCH APPROVAL.
   (1)  (I)  A  TEMPORARY HOUSING FACILITY SHALL NOT USE, DISCLOSE, SELL,
 RETAIN, OR PERMIT ACCESS TO THE PERSONAL  INFORMATION  PERTAINING  TO  A
 PERSON RESIDING IN TEMPORARY HOUSING OBTAINED IN THE COURSE OF PROVIDING
 INTERNET ACCESS EXCEPT AS REQUIRED TO PROVIDE SUCH ACCESS WITHOUT REGARD
 TO  CONTENT, APPLICATION, SERVICE, OR USE OF A NON-HARMFUL DEVICE, OR TO
 RESPOND TO A WARRANT OR SUBPOENA ISSUED BY A COURT OF  COMPETENT  JURIS-
 DICTION.
   (II)  FOR THE PURPOSES OF THIS SUBDIVISION, PERSONAL INFORMATION SHALL
 MEAN INFORMATION THAT DIRECTLY OR  INDIRECTLY  IDENTIFIES,  RELATES  TO,
 DESCRIBES,  IS  CAPABLE OF BEING ASSOCIATED WITH, OR COULD REASONABLY BE
 LINKED TO A PARTICULAR INDIVIDUAL, FAMILY, OR PERSONAL DEVICE.  INFORMA-
 TION IS REASONABLY LINKABLE TO AN INDIVIDUAL, FAMILY, OR PERSONAL DEVICE
 IF IT CAN BE USED ON ITS OWN OR IN  COMBINATION  WITH  OTHER  REASONABLY
 AVAILABLE  INFORMATION,  REGARDLESS OF WHETHER SUCH OTHER INFORMATION IS
 HELD BY THE SOCIAL SERVICES DISTRICT OR TEMPORARY HOUSING  FACILITY,  TO
 IDENTIFY AN INDIVIDUAL, FAMILY, OR A PERSONAL DEVICE.
   (2)  ANY  CONTRACT  OR  AGREEMENT  FOR  INTERNET ACCESS PROVIDED BY AN
 INTERNET SERVICE PROVIDER TO A TEMPORARY HOUSING FACILITY SHALL HAVE THE
 SAME TERMS AND CONDITIONS, OTHER THAN THE REQUIREMENTS OF THIS  SECTION,
 AS  THE REGULARLY PRICED COMPARABLE INTERNET PLAN OFFERED BY SUCH INTER-
 NET SERVICE PROVIDER.
   (3) LOCAL SOCIAL SERVICES DISTRICTS, TEMPORARY HOUSING FACILITIES, AND
 THEIR EMPLOYEES AND SUBCONTRACTORS SHALL NOT  BE  REQUIRED  TO  ACTIVELY
 MONITOR OR CONTROL THE INFORMATION ACCESSED THROUGH THE WIFI SERVICE AND
 SHALL NOT BE HELD RESPONSIBLE FOR ANY ILLEGAL AND/OR CRIMINAL ACTIVITIES
 COMMITTED,  ORCHESTRATED,  OR ORGANIZED THROUGH THE PROVIDED WIFI ACCESS
 BY RESIDENTS.
   (4) WHERE CREDENTIALS, SUCH AS A PASSWORD AND USERNAME, ARE  NECESSARY
 TO  ACCESS WIFI, TEMPORARY HOUSING FACILITIES MUST CONSPICUOUSLY DISPLAY
 SUCH CREDENTIALS IN ALL PUBLIC AREAS OF THE FACILITY. TEMPORARY  HOUSING
 FACILITIES  NEED  NOT  DISCLOSE  THE  CREDENTIALS TO ACCESS WIFI THAT IS
 RESERVED FOR STAFF OR EMERGENCY SERVICE USE.
   (5) WHERE A TEMPORARY HOUSING FACILITY IS A HOTEL OR MOTEL AS  DEFINED
 IN  SECTION ONE HUNDRED THIRTY-ONE-V OF THIS CHAPTER, AND SUCH TEMPORARY
 HOUSING FACILITY PROVIDES WIFI ACCESS TO PATRONS AT NO ADDITIONAL  COST,
 SUCH  FACILITY  SHALL  PROVIDE  WIFI TO ALL RESIDENTS, WITHOUT DISCRIMI-
 NATION AT NO ADDITIONAL COST.
   § 2.  Subdivision 10 of section 16-gg of section 1 of chapter  174  of
 the laws of 1968, as added by section 2 of part MMM of chapter 58 of the
 laws of 2022, is amended 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 AND TO FACILITATE, FUND,
 OR  REIMBURSE,  THE PROVISION OF INTERNET ACCESS AS PROVIDED IN SUBDIVI-
 SION (K) OF SECTION 17 AND SECTION  153  OF  THE  SOCIAL  SERVICES  LAW.
 Grants  issued pursuant to this program shall be awarded in a manner and
 form as determined by the division consistent with all relevant  federal
 S. 4561--A                          3

 laws,  codes, rules, and regulations associated with the federal Digital
 Equity Act as established under the Infrastructure Investment  and  Jobs
 Act. The division shall establish such State Digital Equity Plan and the
 procedures  to  solicit,  receive and evaluate proposals for the program
 consistent with rules, regulations, or  guidelines  established  by  the
 commissioner.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision (l) of section 17 of the  social  services
 law  made by section one of this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith. Effective immediate-
 ly, 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.