S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5649--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M. of A. REYES, HEVESI, MAMDANI, GUNTHER, THIELE, SIMON,
   MEEKS, GONZALEZ-ROJAS, SIMONE -- read once and referred to the Commit-
   tee 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-
 TERS, SHELTERS FOR FAMILIES WITH CHILDREN, DOMESTIC  VIOLENCE  SHELTERS,
 RUNAWAY  AND HOMELESS YOUTH SHELTERS, SHELTERS IN HOTELS OR SHELTERS FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05533-05-3
              

 A. 5649--A                          2
 
 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
 laws, codes, rules, and regulations associated with the federal  Digital
 Equity  Act  as established under the Infrastructure Investment and Jobs
 A. 5649--A                          3

 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.