2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 1 - General Provisions › 131-SS - Automated Identification of Otda Assistance Program Participants.

§   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.