§ 131-ss. Automated identification of 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
temporary and disability assistance.

(b) "Office" or "OTDA" shall mean the office of temporary and
disability assistance.

(c) "OTDA assistance program participant" shall mean a household that
is determined to be eligible by the office for any of the following
programs, provided, however, that the office may require written consent
from OTDA assistance program participants before using data obtained
from any of the following programs for the purposes of this section:

(i) Public assistance;

(ii) Home energy assistance program; and

(iii) Any other income-based assistance program identified by the
public service commission that is administered and approved for
inclusion under this section by the office.

(d) "Utility corporation" shall include utility companies, utility
corporations, public utility companies, public utility corporations, 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 be limited to utility
corporation programs which are intended to assist customers with energy
affordability by reducing customers' energy burden.

2. Within one year of the effective date of this section, the
commissioner shall provide for automated identification of OTDA
assistance program participants for participation in utility corporation
energy affordability programs pursuant to subdivision four of this
section.

3. The utility corporation shall be responsible for working with the
office to facilitate and implement the technological capabilities to
allow for the secure transmission of data through an interface with the
office's information technology infrastructure.

4. (a) To the extent permitted by federal law, regulations and
policies, the office, upon the utility corporation agreeing to and
signing 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 OTDA assistance 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 identified by the
office as potentially eligible for participation in available 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 results of the automated file match. Any information provided to the
utility corporations related to OTDA assistance program participants
pursuant to this section shall not be 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.

(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
article 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 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 this section shall apply to any entity to which the
commissioner delegates the administration of any portion of this
section.