NY Soc Serv L § 95 (2021)
2021 New York Laws SOS - Social Services Article 3 - Local Public Welfare Organization; Powers and Duties Title 5 - Records, Reports, Funds and Appropriations 95 - Supplemental Nutrition Assistance Program (Snap).

§  95.  Supplemental  nutrition  assistance program (SNAP). 1. (a) The office is  authorized  to  submit  any  plan  required  by  the  federal government  to  participate  in  the  supplemental  nutrition assistance program (SNAP) to the secretary  of  the  United  States  department  of agriculture  for  approval, and to act for the state in any negotiations relative to the submission and approval of such plan, and may make  such arrangements  and take such action, not inconsistent with law, as may be required to obtain and retain such approval, to implement such plan, and to secure for the state the benefits available.   * (b) Subject to an online food purchasing  program  operated  by  the United  States  department  of  agriculture,  food and nutrition service (USDA), the office shall promptly seek any necessary approvals from  the USDA  in  order to maximize availability of online fresh food purchasing options throughout the state. Within one hundred eighty days  after  the effective date of this paragraph, the office shall work with the USDA to develop  a plan seeking to maximize retailer participation in the USDA's SNAP  online  purchasing  program  in  the  state.  The   office   shall periodically review the plan and revise the plan as necessary. The plan, and  any  updates  of such plan, shall be submitted to the governor, the speaker of the assembly, and the temporary president of the senate.  The office  shall  continue  to seek all necessary waivers from the USDA, to the extent necessary to implement the program.   * NB Effective until December 15, 2023   * (b) The office is authorized to accept a designation, in  accordance with  the  provisions  of section twenty-nine of this chapter, under any other federal law which may  make  SNAP  benefits  available  for  needy families  and  individuals,  and  to  perform  such  functions as may be appropriate, permitted or required by or pursuant to such law.   * NB Effective December 15, 2023   * (c) The office is authorized to accept a designation, in  accordance with  the  provisions  of section twenty-nine of this chapter, under any other federal law which may  make  SNAP  benefits  available  for  needy families  and  individuals,  and  to  perform  such  functions as may be appropriate, permitted or required by or pursuant to such law.   * NB Repealed December 15, 2023   2. The office is empowered, with  the  consent  and  approval  of  the governor,  to  delegate  or  assign to any other office or agency of the state the performance of such function or functions under  the  plan  or designation  as  may  be  appropriate  and  permitted or required by the appropriate federal law or regulations. Any state department  or  agency is hereby empowered and required to perform the function or functions so delegated or assigned to it.   3.  (a)  Each  commissioner  of  social  services  is  authorized  and required,  in  accordance  with  regulations  of  the  office,  to  make application  for inclusion of his or her social services district in the federal supplemental nutrition assistance program plan or plans  and  to assist  needy  families  and  individuals  of his or her social services district to obtain nutritionally adequate diets through participation in such federal plan or plans. However, only those persons who qualify  for SNAP  benefits  in  accordance  with federal and state requirements, and standards promulgated by the office, shall be certified as  eligible  to receive such benefits.  (b)  Each  commissioner of social services is authorized and required, subject to state and federal requirements therefor, to act on behalf  of the office and receive, store, and issue SNAP benefits, either directly, or with the approval of the office, through a banking institution and/or other appropriate public or private agency.  (c)  Each  commissioner of social services shall develop and submit to the office for its approval a plan  describing  his  or  her  district's operations  under this section, which plan shall accord with federal and state requirements.   4. A person's need or eligibility for public assistance and care shall not be affected by his or her receipt of SNAP benefits.   5. Any inconsistent provision of law notwithstanding, the value of any SNAP benefits provided an eligible person shall not be considered income or resources for any purpose, including taxation.   6. (a) Any inconsistent provision of law notwithstanding, expenditures made  by  a  social  services  district  for  the  purpose of certifying eligibility of needy families and individuals, including those  who  are not in receipt of public assistance and care, for SNAP benefits, and for distributing   and  redeeming  such  benefits  shall  be  deemed  to  be expenditures for the administration of public assistance and  care,  and shall  be  subject  to reimbursement by the state in accordance with the provisions of section one hundred fifty-three of  this  chapter  to  the extent  of  one hundred percent in accordance with paragraph (b) of this subdivision.  (b) Such expenditures for supplemental  nutrition  assistance  program administrative  costs  shall be subject to reimbursement by the state in accordance with regulations to  be  promulgated  by  the  office,  which regulations  shall  be  subject  to  the approval of the director of the budget, shall be consistent with federal law and regulations, and  shall be based on:  (i)  an  allocation  of administrative costs attributable to both SNAP benefits and safety net assistance to  permit  maximum  use  of  federal funds; and  (ii)  an  allocation of administrative costs attributable to both SNAP benefits and temporary assistance for  needy  families  such  that  only those  administrative  costs  that  cannot  be  allocated  to  temporary assistance for needy families are allocated  to  supplemental  nutrition assistance program, provided, however, that if federal law, regulations, or  cost  allocation  procedures require those administrative costs that may be allocated to be allocated between temporary assistance for  needy families  and  SNAP benefits, then the administrative costs so allocated to SNAP benefits shall be reimbursed as costs of public  assistance  and care  in  accordance  with  the  provisions  of  paragraphs  a  and d of subdivision one of section one hundred fifty-three of this chapter.   7. a. When an eligible recipient  under  this  section  is  issued  an authorization  to  participate  in the supplemental nutrition assistance program  by  written  or  electronic  means,   such   authorization   to participate:   * (i)  May  be  redeemed  for  SNAP  benefits at designated redemption centers by the recipient or by an  authorized  representative.  When  an eligible recipient under this section is issued SNAP benefits, such SNAP benefits  may  be used to purchase food items from a food distributor by the recipient or by an authorized representative.  Recipients  shall  be able  to  use  SNAP  benefits to purchase groceries from eligible online grocery retailers and to have groceries delivered  pursuant  to  federal laws  and  regulations.  Any other transfer or sale of authorizations to participate or SNAP benefits shall constitute  an  unauthorized  use  of said authorizations or benefits;   * NB Effective until December 15, 2023   * (i)  May  be  redeemed  for  SNAP  benefits at designated redemption centers by the recipient or by an  authorized  representative.  When  an eligible recipient under this section is issued SNAP benefits, such SNAP benefits  may  be used to purchase food items from a food distributor by  the recipient or by an authorized representative.  Any other transfer or sale of authorizations to participate or SNAP benefits shall  constitute an unauthorized use of said authorizations or benefits;   * NB Effective December 15, 2023  (ii)  Shall  require the office of temporary and disability assistance to provide the state education department a  dataset  which  contains  a listing   of  students  ages  three  to  eighteen  who  receive  federal assistance through the supplemental nutrition assistance program  (SNAP) and temporary assistance to needy families (TANF).  (iii) The state education department shall make such dataset available to  all schools (public and nonpublic) that participate in: the National School Lunch, School Breakfast, Summer Food  Service,  or  Special  Milk programs with a free milk option of the availability of such dataset.  (iv)  All  schools  identified in subparagraph (iii) of this paragraph shall  access  such  dataset  outlined  in  subparagraph  (ii)  of  this paragraph  at  least  three  times  a  year  and  identify such child as eligible for free meals/milk and such child may receive free  meals/milk without  further  application.  Upon  identification,  such school shall notify the student's  parent  or  guardian  of  such  eligibility.  Such notification shall also contain an opportunity to decline the receipt of free  meals/milk. In the event a school receives notification to decline the free meals/milk benefit the child shall be  removed  from  the  free eligibility list in such program.  (b)  For the purposes of this subdivision, "authorized representative" shall be defined in regulations promulgated by the commissioner.   8. Except as part of a transaction pursuant to  subdivision  seven  of this  section  or  as  necessary  for  a food distributor to redeem SNAP benefits subsequent to such a transaction, any acquisition,  acceptance, purchase,  possession,  sale,  transfer,  alteration  or  manufacture of authorizations to participate or SNAP benefits, real or counterfeit,  by any  person  shall constitute an unauthorized use of said authorizations or benefits.  For purposes of this subdivision, the term "person"  shall mean  any  individual, corporation, partnership, association, agency, or other legal entity, or any part thereof.   9.(a) The parent or other individual who is living with and exercising parental control over a child under the  age  of  eighteen  who  has  an absent  parent  is  not  eligible  to  participate  in  the supplemental nutrition assistance program if such person refuses  to  cooperate  with the  office  in establishing the paternity of the child (if the child is born out of wedlock) and in obtaining  support  for  the  child  or  the parent  (or  other  individual)  and  the child. This paragraph does not apply to the parent (or other individual) if the office determines  that there is good cause for the refusal to cooperate.  (b)  A putative or identified noncustodial parent of a child under the age of eighteen is not  eligible  to  participate  in  the  supplemental nutrition  assistance  program  if  such individual refuses to cooperate with the office in establishing the paternity of the child (if the child is born out of wedlock) and in providing support for the child. The  use of the information collected pursuant to this paragraph shall be limited to the purposes for which the information is collected and is subject to the   confidentiality  provisions  set  forth  in  section  one  hundred thirty-six of this chapter.  (c) To the extent not inconsistent with federal law  and  regulations, an  individual  is  not  eligible  to  participate  in  the supplemental nutrition assistance program  as  a  member  of  any  household  if  the individual  is  under  court  order  to  pay child or combined child and spousal support and has accumulated support  arrears  equivalent  to  or  greater  than  the  amount  of  current support due for a period of four months.   10.  Notwithstanding  any  other provision of law to the contrary, the office shall develop  a  brief,  simplified  application  form  for  the supplemental nutrition assistance program only. The office shall develop the  form  in  consultation  with  food stamp outreach organizations and consider how the form may be used to reach as many potential  applicants as  possible, especially those over sixty years of age and those who are employed.   * 11. (a) Notwithstanding any other provision of law to the  contrary, the  office shall establish a statewide restaurant meals program as part of SNAP. Under  the  restaurant  meals  program,  households  containing elderly  or  disabled members, and their spouses, as defined in 7 U.S.C. 2012(j), or homeless individuals, as defined in 7 U.S.C. 2012(l),  shall have the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP benefits  at  private  establishments  that  contract with the office to offer meals for eligible individuals at concessional prices subject to 7 U.S.C. 2018(h).  (b) The office shall  adopt  any  rules  necessary  to  implement  the provisions of this subdivision.   * NB Effective January 1, 2021