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A01755 Summary:

BILL NOA01755
 
SAME ASSAME AS S08026
 
SPONSORReyes
 
COSPNSRHevesi, Mamdani, Simon, Meeks, Gonzalez-Rojas, Simone, Otis, Cunningham, Raga, Epstein, Clark, Dinowitz, Shimsky, Shrestha, Seawright, Stirpe, Jackson, Lunsford, Rivera, Gallagher, Zaccaro, Taylor, De Los Santos, Gibbs, Forrest, Tapia, Bichotte Hermelyn, Levenberg, Davila, Kim, Mitaynes, Glick, Romero, Colton, Hooks, Anderson
 
MLTSPNSR
 
Amd §17, Soc Serv L; amd §16-gg, UDC Act
 
Provides "WiFi service" internet access to all individuals residing in temporary housing; relates to funding for internet service under the ConnectAll digital equity grant program.
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A01755 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1755
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced   by   M.   of  A.  REYES,  HEVESI,  MAMDANI,  SIMON,  MEEKS,
          GONZALEZ-ROJAS, SIMONE, OTIS, CUNNINGHAM, RAGA, EPSTEIN, CLARK, DINOW-
          ITZ, SHIMSKY, SHRESTHA, SEAWRIGHT, STIRPE, JACKSON, LUNSFORD,  RIVERA,
          GALLAGHER,  ZACCARO,  TAYLOR,  DE LOS SANTOS,  GIBBS,  FORREST, TAPIA,
          BICHOTTE HERMELYN, LEVENBERG, DAVILA, KIM,  MITAYNES,  GLICK  --  read
          once and referred to the Committee on Social Services
 
        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:
 
     1    Section 1. Section 17 of the social services law is amended by  adding
     2  a new subdivision (m) is added to read as follows:
     3    (m) require that all temporary housing facilities shall provide access
     4  to  high-speed  broadband internet service and WiFi service to all indi-
     5  viduals residing in such temporary housing.  The WiFi service  shall  be
     6  made  available  in  private  and  common areas accessible to residents.
     7  Such shelter shall have at least one router and at least one  modem,  or
     8  any  technological equivalent that performs the function of providing an
     9  area with high-speed broadband internet service.   For the  purposes  of
    10  this subdivision, the term "high-speed broadband internet service" means
    11  internet service with download speeds of at least one gigabit per second
    12  and  upload speeds of at least one gigabit per second, or if such speeds
    13  are not available the maximum download and  upload  speeds  commercially
    14  available  within  the  local social services district.   The term "WiFi
    15  service" means access to high-speed broadband internet through  wireless
    16  router which connects to the internet by wire or cable.  For purposes of
    17  this subdivision, temporary housing shall include but not be limited to,
    18  shelters  for  adults, shelters for adult families, small-capacity shel-
    19  ters, shelters for families with children, domestic  violence  shelters,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03220-01-5

        A. 1755                             2
 
     1  runaway  and homeless youth shelters, shelters in hotels or shelters for
     2  refugees. Each temporary housing facility shall  submit  their  plan  to
     3  provide  internet  access pursuant to this subdivision to the department
     4  for oversight and approval within one year of the effective date of this
     5  subdivision.  Temporary  housing  facilities  shall implement and comply
     6  with such plans within one year of such approval.
     7    (1) (i) A temporary housing facility shall not  use,  disclose,  sell,
     8  retain,  or  permit  access  to the personal information pertaining to a
     9  person residing in temporary housing obtained in the course of providing
    10  internet access except as required to provide such access without regard
    11  to content, application, service, or use of a non-harmful device, or  to
    12  respond  to  a warrant or subpoena issued by a court of competent juris-
    13  diction.
    14    (ii) For the purposes of this subdivision, personal information  shall
    15  mean  information  that  directly  or indirectly identifies, relates to,
    16  describes, is capable of being associated with, or could  reasonably  be
    17  linked to a particular individual, family, or personal device.  Informa-
    18  tion is reasonably linkable to an individual, family, or personal device
    19  if  it  can  be  used on its own or in combination with other reasonably
    20  available information, regardless of whether such other  information  is
    21  held  by  the social services district or temporary housing facility, to
    22  identify an individual, family, or a personal device.
    23    (2) Any contract or agreement  for  internet  access  provided  by  an
    24  internet service provider to a temporary housing facility shall have the
    25  same  terms and conditions, other than the requirements of this section,
    26  as the regularly priced comparable internet plan offered by such  inter-
    27  net service provider.
    28    (3) Local social services districts, temporary housing facilities, and
    29  their  employees  and  subcontractors  shall not be required to actively
    30  monitor or control the information accessed through the WiFi service and
    31  shall not be held responsible for any illegal and/or criminal activities
    32  committed, orchestrated, or organized through the provided  WiFi  access
    33  by residents.
    34    (4)  Where credentials, such as a password and username, are necessary
    35  to access WiFi, temporary housing facilities shall conspicuously display
    36  such credentials in all public areas of the facility. Temporary  housing
    37  facilities  need  not  disclose  the  credentials to access WiFi that is
    38  reserved for staff or emergency service use.
    39    (5) Where a temporary housing facility is a hotel or motel as  defined
    40  in  section one hundred thirty-one-v of this chapter, and such temporary
    41  housing facility provides WiFi access to patrons at no additional  cost,
    42  such  facility  shall  provide  WiFi to all residents, without discrimi-
    43  nation at no additional cost.
    44    § 2.  Subdivision 10 of section 16-gg of section 1 of chapter  174  of
    45  the laws of 1968, as added by section 2 of part MMM of chapter 58 of the
    46  laws of 2022, is amended to read as follows:
    47    10.  ConnectAll  digital  equity grant program. The ConnectAll digital
    48  equity grant program is hereby established  to  support  individuals  to
    49  have  the  information technology capacity needed for full participation
    50  in society and the economy, including the effective implementation of  a
    51  State Digital Equity Plan or any successor plan and to facilitate, fund,
    52  or  reimburse,  the provision of internet access as provided in subdivi-
    53  sion (m) of section 17 and section  153  of  the  social  services  law.
    54  Grants  issued pursuant to this program shall be awarded in a manner and
    55  form as determined by the division consistent with all relevant  federal
    56  laws,  codes, rules, and regulations associated with the federal Digital

        A. 1755                             3

     1  Equity Act as established under the Infrastructure Investment  and  Jobs
     2  Act. The division shall establish such State Digital Equity Plan and the
     3  procedures  to  solicit,  receive and evaluate proposals for the program
     4  consistent  with  rules,  regulations,  or guidelines established by the
     5  commissioner.
     6    § 3. This act shall take effect immediately.   Effective  immediately,
     7  the  addition,  amendment and/or repeal of any rule or regulation neces-
     8  sary for the implementation of  this  act  on  its  effective  date  are
     9  authorized to be made and completed on or before such effective date.
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