The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8552
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. REYES, HEVESI, MAMDANI, GUNTHER, GRIFFIN -- 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 to all individuals residing in temporary housing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 17 of the social services law is amended by adding
 a new subdivision (m) to read as follows:
   (M) REQUIRE THAT EACH LOCAL SOCIAL  SERVICES  DISTRICT  SHALL  PROVIDE
 INTERNET ACCESS TO ALL INDIVIDUALS RESIDING IN TEMPORARY HOUSING IN SUCH
 DISTRICT.  FOR  PURPOSES  OF  THIS  SUBDIVISION, TEMPORARY HOUSING SHALL
 INCLUDE BUT NOT BE LIMITED TO, A FAMILY SHELTER, A SHELTER FOR ADULTS, A
 DOMESTIC VIOLENCE SHELTER, A RUNAWAY AND HOMELESS YOUTH  SHELTER,  OR  A
 SAFE  HOUSE  FOR  REFUGEES.  EACH  LOCAL  SOCIAL SERVICES DISTRICT SHALL
 SUBMIT THEIR PLAN TO PROVIDE INTERNET ACCESS PURSUANT TO  THIS  SUBDIVI-
 SION  TO THE DEPARTMENT FOR OVERSIGHT AND APPROVAL WITHIN THIRTY DAYS OF
 THE EFFECTIVE DATE OF THIS ACT. SHELTERS SHALL IMPLEMENT AND COMPLY WITH
 SUCH PLANS WITHIN EIGHTEEN MONTHS OF SUCH APPROVAL.
   § 2. Section 153 of the social services law is amended by adding a new
 subdivision 13 to read as follows:
   13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ONE
 HUNDRED  PERCENT  OF  THE COST FOR THE EXPENSE INCURRED FOR LOCAL SOCIAL
 SERVICES DISTRICTS TO PROVIDE INTERNET ACCESS AS REQUIRED BY SUBDIVISION
 (M) OF SECTION SEVENTEEN OF THIS CHAPTER  SHALL  BE  REIMBURSED  BY  THE
 STATE.
   §  3.  This  act shall take effect on the thirtieth 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01779-05-1

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8552--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. REYES, HEVESI, MAMDANI, GUNTHER, GRIFFIN, GONZA-
   LEZ-ROJAS, THIELE, SIMON, MEEKS --  read  once  and  referred  to  the
   Committee on Social Services -- recommitted to the Committee on Social
   Services  in  accordance  with  Assembly  Rule  3, sec. 2 -- 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 new subdivision (k) is added to read as follows:
   (K) REQUIRE THAT ALL TEMPORARY HOUSING FACILITIES SHALL PROVIDE  UNIN-
 TERRUPTED  ACCESS  TO  HIGH-SPEED  BROADBAND  INTERNET  SERVICE AND WIFI
 SERVICE TO ALL INDIVIDUALS RESIDING IN SUCH TEMPORARY HOUSING.  THE WIFI
 SERVICE SHALL BE MADE AVAILABLE THROUGHOUT ALL PRIVATE AND COMMON  AREAS
 ACCESSIBLE  TO  RESIDENTS.  SUCH WIFI SERVICE MUST BE ACCESSIBLE THROUGH
 PERSONAL DEVICES OF THE RESIDENTS.  THE  WIFI  SERVICE  SIGNAL  STRENGTH
 SHALL  BE  CONSISTENT  AND SUFFICIENT TO SUPPORT SIMULTANEOUS USE BY ALL
 RESIDENTS. FOR THE PURPOSES OF THIS SECTION, THE TERM "HIGH-SPEED BROAD-
 BAND INTERNET SERVICE" MEANS INTERNET SERVICE WITH DOWNLOAD SPEEDS OF AT
 LEAST ONE GIGABIT PER SECOND  AND  UPLOAD  SPEEDS  OF  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,  UNLESS  A  PLAN  WITH  LOWER  SPEEDS IS DEEMED SUFFICIENT AND
 APPROVED BY THE DIVISION OF BROADBAND ACCESS OF THE NEW YORK STATE URBAN
 DEVELOPMENT CORPORATION, AND THE TERM "WIFI  SERVICE"  MEANS  ACCESS  TO
 HIGH-SPEED  BROADBAND INTERNET THROUGH WIRELESS ROUTER WHICH CONNECTS TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01779-10-2

 A. 8552--A                          2
 
 THE INTERNET BY WIRE OR CABLE.  FOR PURPOSES OF THIS SUBDIVISION, TEMPO-
 RARY HOUSING SHALL INCLUDE BUT NOT BE LIMITED TO, SHELTERS  FOR  ADULTS,
 SHELTERS FOR ADULT FAMILIES, SMALL-CAPACITY SHELTERS, SHELTERS FOR FAMI-
 LIES  WITH  CHILDREN,  DOMESTIC  VIOLENCE SHELTERS, RUNAWAY AND HOMELESS
 YOUTH SHELTERS, SHELTERS IN HOTELS OR SHELTERS FOR REFUGEES. EACH TEMPO-
 RARY HOUSING FACILITY SHALL SUBMIT THEIR PLAN TO PROVIDE INTERNET ACCESS
 PURSUANT TO  THIS  SUBDIVISION  TO  THE  DEPARTMENT  FOR  OVERSIGHT  AND
 APPROVAL  WITHIN  ONE  HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
 SUBDIVISION. TEMPORARY HOUSING FACILITIES  SHALL  IMPLEMENT  AND  COMPLY
 WITH SUCH PLANS WITHIN TWELVE MONTHS 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 ISSUED BY A COURT OF COMPETENT  JURISDICTION  UNDER
 THE  PROCEDURES  DESCRIBED IN THE FEDERAL RULES OF CRIMINAL PROCEDURE OR
 ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW.
   (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 AND TEMPORARY HOUSING FACILITIES
 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.
   § 2. Section 153 of the social services law is amended by adding a new
 subdivision 13 to read as follows:
   13.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ONE
 HUNDRED PERCENT OF THE COST FOR THE EXPENSE INCURRED AFTER THE EFFECTIVE
 DATE OF THIS SUBDIVISION BY  TEMPORARY  HOUSING  FACILITIES  TO  PROVIDE
 INTERNET  ACCESS  AS REQUIRED BY SUBDIVISION (K) OF SECTION SEVENTEEN OF
 THIS CHAPTER SHALL BE REIMBURSED BY THE STATE.
   § 3. 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
 A. 8552--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.
   §  4.  This act shall take effect immediately.  Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.