Section 131-SS - Automated identification of OTDA assistance program participants1. 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: (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.N.Y. Soc. Serv. Law § 131-SS
Amended by New York Laws 2024, ch. 78,Sec. 1, eff. 12/22/2023.Added by New York Laws 2023, ch. 764,Sec. 1, eff. 12/22/2023.