NY State Senate Bill 2023-S8022

Senate Bill S8022

Signed By Governor

2023-2024 Legislative Session

Relates to automated identification of OTDA assistance program participants

download bill text pdf

Current Bill Status Via A8488 - Signed by Governor

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
Feb 13, 2024	signed chap.78 delivered to governor
Feb 07, 2024	returned to assembly passed senate 3rd reading cal.176 substituted for s8022
Feb 07, 2024	substituted by a8488
Jan 23, 2024	ordered to third reading cal.176
Jan 05, 2024	referred to rules

Votes

- Feb 7, 2024 - Floor Vote
  A8488
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 7, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Breslin
      
      Walczyk
  Jan 23, 2024 - Rules Committee Vote
  S8022
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 23, 2024
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Helming
      
      Lanza

2023-S8022 (ACTIVE) - Details

See Assembly Version of this Bill:: A8488
Law Section:: Social Services Law
Laws Affected:: Amd §131-ss, Soc Serv L (as proposed in S.4548 & A.4876)

2023-S8022 (ACTIVE) - Summary

Relates to automated identification of OTDA assistance program participants; identifies entities to be defined as a "utility corporation"; requires utility corporations to administer secure transmission of participant data; requires utility corporations to conduct automated file matching with OTDA assistance program participant accounts

2023-S8022 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8022

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the social services law, in relation to automated iden-
tification of OTDA assistance program participants

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2023,
c.764, to clarify provisions related to the automated identification
assistance program.

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by changing the title to
conform with changes made in the definition of automated identification
OTDA assistance program and throughout the legislation, which stem from
the removal of the term "affordability".

Subsection 1(b) adds in a definition for "office or OTDA".

Subsection 1(c) amends the underlying chapter by 1) changing the defi-
nition of "automated identification OTDA assistance program partic-
ipants", 2) providing that the Office of Temporary and Disability
Assistance with the discretion to require written consent from OTDA
assistance program participant's before using data obtained from quali-
fying programs, and 3) limiting the number of qualifying affordability
programs, which may be included in the automated identification assist-
ance program. Under this legislation, qualifying programs include public
assistance, home energy assistance program and any other income-based
assistance program identified by the Public Service Commission and is
administered and approved for inclusion by the office of temporary and
disability assistance.

Subsection 1(d) amends the definition of a "utility corporation" to
include utility companies, utility corporations, public utility compa-
nies, public utility corporations, gas corporations, electric corpo-
rations, or municipalities, a Municipal Corporation that provides public
utility services, a rural electric cooperative, or state public authori-
ty that provides utility services.

Subsection 1(e) amends the definition of "utility corporation energy
affordability programs". These programs must be defined by the Public
Service Commission and must be limited to utility corporation programs
that are intended to assist customers with energy affordability by
reducing customers' energy burden.

Subsection 2 amends the underlying chapter by changing the timeline, in
which OTDA's commissioner must provide for the automated identification
of OTDA assistance program participants for participation in utility
corporation energy affordability programs, from 180 days to a year of
the effective date of the legislation.

Subsection 3 amends the underlying chapter by requiring utility corpo-
rations be responsible for working with OTDA to facilitate and implement
the technological capabilities to allow for the secure transmission of

data through an interface with OTDA's information technology infrastruc-
ture.

Subsection 4(a) amends the underlying chapter by adding that the OTDA,
as long as permitted by federal law, regulation and policy, where a
utility corporation agrees and signs OTDA's data terms and OTDA has
receipt of such corporation's data terms, must conduct an automated file
matching to identify utility corporation customer accounts that are also
OTDA assistance program participants and must provide such information
to utility corporations at least twice a year. This subsection also
provides that any utility corporation customers that are identified as
potentially eligible, by OTDA's data match, and are confirmed to be
eligible for the utility corporation's energy affordability programs, by
the utility corporation, must be enrolled in the utility corporation
energy affordability program within 60 days after the utility corpo-
ration was provided receipt of the automated file match.

Subsection 4(b) amends the underlying chapter by adding that any infor-
mation provided to utility corporations that relates to the OTDA assist-
ance program participants must not be re-disclosed by the utility corpo-
ration and must only be utilized for the purposes of confirming
eligibility in the utility corporation's energy affordability program
and to provide required written notification to utility corporation
energy affordability program participants of their enrollment in the
program.

Subsection 4(c) amends the underlying chapter by adding language, which
provides, unless prohibited by federal law, regulation, or policy, a
utility corporation, notwithstanding any provision of state or local
law, regulation, or policy to the contrary, is authorized to share the
required data elements as it pertains to this legislation.

Lastly, this legislation amends the underlying chapter by adding that
the Commissioner of OTDA may delegate the administration of any portion
of this section to any state agency, social services official, city,
county, town contractor or nonprofit organization; and if delegated,
privacy and confidentiality limitations that are set out in this section
will apply to said entity.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 764 of the Laws of 2023 5.4548 and A.4876
passed the Senate and Assembly, respectfully, in June 2023.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2023-S8022 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8022
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 8022                             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.
 S. 8022                             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.

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