NY State Senate Bill 2023-S4548

Senate Bill S4548

Signed By Governor

2023-2024 Legislative Session

Provides for the automated identification of affordability program participants

download bill text pdf

Current Bill Status - 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
Dec 22, 2023	approval memo.85 signed chap.764
Dec 12, 2023	delivered to governor
Jun 08, 2023	returned to senate passed assembly ordered to third reading rules cal.695 substituted for a4876 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1742 committee discharged and committed to rules
Feb 10, 2023	referred to social services

Votes

- Jun 8, 2023 - Floor Vote
  S4548
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      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
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Cooney
  Jun 8, 2023 - Rules Committee Vote
  S4548
  
  19
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2023
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Helming
      
      excused (1)
      
      O'Mara

co-Sponsors

2023-S4548 (ACTIVE) - Details

See Assembly Version of this Bill:: A4876
Law Section:: Social Services Law
Laws Affected:: Add §131-ss, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S8362, A9099

2023-S4548 (ACTIVE) - Summary

Provides for the automated identification of affordability program participants to enable such participants to be automatically entered into utility corporation energy affordability programs.

2023-S4548 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4548

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the social services law, in relation to providing for
the automated identification of affordability program participants

 
PURPOSE OR GENERAL IDEA OF BILL:

OTDA will coordinate with utility companies on automated file matching
to identify eligible Affordability Program Participants.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 defines terms.

Section 2 provides that the Commissioner shall establish a statewide
program to provide for automated identification of eligible Affordabili-
ty Program Participants for participation in Utility Corporation Energy
Affordability Programs within 180 days.

Section 3 outlines cooperation between OTDA and utility companies.

Section 4 establishes file matching frequency and timeframe for enroll-
ing eligible customers.

Section 5 gives the Commissioner the authority to adopt rules on an
emergency basis.

Section 6 allows the Commissioner to delegate the administration of the
program.

Section 7 establishes the effective date.

 
JUSTIFICATION:

New York's utilities offer Energy Affordability Programs that follow
guidance from the New York Public Service Commission which required
utilities to set low-income program discount levels that keep customer
energy burden at or below a target goal of 6% of household income.  The
EAPs offer customers a monthly bill credit using a tiered-discount
structure that considers whether the customer is a heating or non-heat-
ing customer.

Utility customers who receive Home Energy Assistance Program (HEAP)
grants paid to the utility on the customer's behalf are automatically
enrolled in utility corporation's Energy Affordability Programs (EAP).
However, not all low-income customers receive HEAP. In Downstate New
York, the New York City Human Resources Administration (HRA) conducts a
file matching process to also capture customers who participate in other
qualifying programs, including:

*Temporary Assistance for Needy Families

*Safety Net Assistance - Public Assistance

*Supplemental Security Income

*Medicaid

*Food Stamps

*Low Income Home Energy Assistance Program

*Veterans' Disability Program

*Veterans' Surviving Spouse Pension

*Child Health Plus

The inclusion of these programs and corresponding file-matching process
dramatically increases participation in EAP programs. Outside of New
York City, customers are largely responsible for self-identifying for
being eligible for the program - limiting the number of those who bene-
fit. An automated process is also more efficient and less costly to
administer than identifying customers on a case-by-case manner. Making
filing matching a statewide practice is an efficient utilization of
state and utility resources in a streamlined manner.

The COVID-19 pandemic has had a devastating financial impact on New
Yorkers, especially those who were already struggling to make ends meet.
HARP recently estimated that 1.2 million New York households are in
energy utility arrears, totaling more than $1.7 billion. It is essential
that utility customers throughout the state are connected to any and all
assistance programs for which they are eligible. This legislation would
require OTDA to coordinate with utilities to automate that process in a
manner similar to the HRA process in New York City. This will help
ensure that more low-income New Yorkers are receiving the assistance to
which they are entitled.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S8362A: AMEND AND RECOMMIT TO FINANCE

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4548 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4548
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation  to  providing  for
   the automated identification of affordability program participants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 131-ss to read as follows:
   §  131-SS.  AUTOMATED  IDENTIFICATION OF AFFORDABILITY PROGRAM PARTIC-
 IPANTS. 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) "AFFORDABILITY PROGRAM PARTICIPANT" SHALL MEAN A HOUSEHOLD THAT IS
 DETERMINED  TO  BE  ELIGIBLE  BY  THE  APPROPRIATE AGENCY FOR ANY OF THE
 FOLLOWING PROGRAMS:
   (I) PUBLIC ASSISTANCE;
   (II) SUPPLEMENTAL SECURITY INCOME;
   (III) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
   (IV) LOW INCOME HOME ENERGY ASSISTANCE PROGRAM;
   (V) VETERAN'S DISABILITY PENSION;
   (VI) VETERAN'S SURVIVING SPOUSE PENSION;
   (VII) CHILD HEALTH PLUS;
   (VIII) LIFELINE; AND
   (IX) ANY OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY  THE
 PUBLIC SERVICE COMMISSION IN CONSULTATION WITH THE OFFICE.
   (C) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY DISABILITY ASSISTANCE.
   (D)  "UTILITY CORPORATION" SHALL MEAN A CORPORATION REGULATED PURSUANT
 TO ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   (E) "UTILITY  CORPORATION  ENERGY  AFFORDABILITY  PROGRAMS"  SHALL  BE
 DEFINED  BY  THE  PUBLIC  SERVICE  COMMISSION AND SHALL INCLUDE PROGRAMS

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01630-01-3

 S. 4548                             2
 
 WHICH ARE INTENDED TO ASSIST  CUSTOMERS  WITH  ENERGY  AFFORDABILITY  BY
 REDUCING CUSTOMERS' ENERGY BURDEN.
   2.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
 SECTION, THE COMMISSIONER SHALL ESTABLISH A STATEWIDE PROGRAM TO PROVIDE
 FOR AUTOMATED IDENTIFICATION OF ELIGIBLE AFFORDABILITY  PROGRAM  PARTIC-
 IPANTS  FOR  PARTICIPATION  IN  UTILITY CORPORATION ENERGY AFFORDABILITY
 PROGRAMS.
   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.
   4. THE OFFICE SHALL CONDUCT AUTOMATED FILE MATCHING TO IDENTIFY UTILI-
 TY  CORPORATION  CUSTOMER  ACCOUNTS  THAT ARE ALSO AFFORDABILITY PROGRAM
 PARTICIPANTS AND SUCH INFORMATION SHALL BE PROVIDED  TO  UTILITY  CORPO-
 RATIONS  NO  LESS  THAN  SEMI-ANNUALLY.    UTILITY  CORPORATION CUSTOMER
 ACCOUNTS IDENTIFIED BY THE  OFFICE  AS  ELIGIBLE  FOR  PARTICIPATION  IN
 AVAILABLE  UTILITY CORPORATION ENERGY AFFORDABILITY PROGRAMS AS A RESULT
 OF SUCH FILE MATCHING SHALL BE ENROLLED IN SUCH  PROGRAMS  WITHIN  SIXTY
 DAYS OF RECEIPT OF THE OFFICE COMMUNICATING THE RESULTS OF THE AUTOMATED
 FILE  MATCHING  TO THE UTILITY CORPORATION.  ANY INFORMATION PROVIDED TO
 THE UTILITY CORPORATIONS RELATED TO AFFORDABILITY  PROGRAM  PARTICIPANTS
 PURSUANT  TO  THIS SECTION SHALL BE REDACTED AS NECESSARY TO PROTECT ANY
 INFORMATION THAT IS PROTECTED UNDER ANY STATE OR FEDERAL  PRIVACY  LAWS,
 KEPT  CONFIDENTIAL,  AND  SHALL  ONLY  BE  UTILIZED  FOR  THE PURPOSE OF
 CONFIRMING ELIGIBILITY IN THE UTILITY CORPORATION  ENERGY  AFFORDABILITY
 PROGRAM.
   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  TO  ANY  STATE  AGENCY, CITY, COUNTY, TOWN, CONTRACTOR OR
 NON-PROFIT ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS  ARTI-
 CLE AND APPLICABLE FEDERAL REQUIREMENTS.  PROVIDED HOWEVER, SUCH PRIVACY
 AND  CONFIDENTIALITY  LIMITATIONS PRESCRIBED IN SUBDIVISION FOUR OF THIS
 SECTION SHALL APPLY TO ANY ENTITY THAT THE  COMMISSIONER  DELEGATES  THE
 ADMINISTRATION OF THE PROGRAM TO.
   § 2.  This act shall take effect immediately.

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Senate Bill S4548

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Sponsored By

Kevin S. Parker