S2876

An Act requiring automatic enrollment into utility bill payment assistance programs for certain individuals and households and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), “ongoing assistance” means assistance, including monetary assistance, provided to recipients of a needs-based public assistance program that does not expire upon reaching a pre-determined total amount of assistance received or pre-determined total time period during which assistance was received. “Ongoing assistance” shall include utility shutoff prevention provided pursuant to the Winter Termination Program and Summer Termination Program.

b. The Department of Human Services together with the Department of the Treasury shall enter into a memorandum of understanding with the Department of Community Affairs, the Board of Public Utilities, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients. The memorandum of understanding shall require the Department of Human Services and Department of the Treasury to provide information to the Department of Community Affairs, the Board of Public Utilities, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients concerning recipients of or households eligible for any of the following needs-based public assistance programs:

(1) Temporary Assistance for Needy Families pursuant to Pub.L.104-193 (42 U.S.C. s.601 et seq.);

(2) Work First New Jersey pursuant to P.L.1997, c.38 (C.44:10-55 et seq.);

(3) the Supplemental Nutrition Assistance Program pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C. s.2011 et seq.);

(4) the supplemental security income program pursuant to the federal Social Security Act, Pub.L.92-603 (42 U.S.C. s.1381 et seq.); and

(5) any other State or federal needs-based public assistance program, as provided for in a memorandum of understanding required to be entered into pursuant to this subsection.

The information provided by the Department of Human Services and the Department of the Treasury shall include information necessary to enroll those recipients of or households eligible for a needs-based public assistance program listed in this subsection, if qualified, into any utility bill payment assistance program administered by the Department of Community Affairs, the Board of Public Utilities, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients.

c. The Department of Community Affairs, the Board of Public Utilities, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients shall review the eligibility criteria and recipient data for any needs-based public assistance program administered by the respective agency to identify the information necessary to enroll those recipients of needs-based public assistance programs into any utility bill payment assistance program listed in subsection d. of this section.

d. Notwithstanding any State law, rule, or regulation to the contrary, and only to the extent permitted by federal law, a memorandum of understanding entered into pursuant to subsection b. of this section shall further require the Department of Community Affairs, the Board of Public Utilities, or any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients to, based on the information received from the Department of Human Services and the Department of the Treasury, and the review conducted pursuant to subsection c. of this section, automatically enroll eligible households into the following utility bill payment assistance programs that the State agency administers:

(1) the "Universal Service Fund," established pursuant to section 12 of P.L.1999, c.23 (C.48:3-60);

(2) the Winter Termination Program codified pursuant to P.L.2021, c.317 (C.40A:5A-28 et al.);

(3) the Summer Termination Program established pursuant to P.L.2025, c.145 (C.40A:5A-31 et al.); and

(4) any other State utility bill payment assistance program that provides ongoing assistance to recipients. A State agency shall not automatically enroll a household into a utility bill payment assistance program that provides a one-time grant or other limited-use assistance.

2. The Department of Community Affairs, Board of Public Utilities, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients shall, in consultation with the Department of Human Services and the Department of the Treasury, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations, as necessary, to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. This act shall take effect on the first day of the sixth month next following enactment, except that the Department of Human Services, Department of the Treasury, Department of Community Affairs, Board of Public Utilities, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients may take action to enter into a memorandum of understanding as required by section 1 of P.L. , c. (C. )(pending before the Legislature as this bill), and to establish rules and regulations in advance of the effective date as necessary.

STATEMENT

This bill requires the Department of Human Services (DHS) together with the Department of the Treasury (treasury) to enter into a memorandum of understanding with the Department of Community Affairs (DCA), the Board of Public Utilities (BPU), and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients. The memorandum of understanding is to require DHS and the treasury to provide information to DCA, BPU, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients concerning recipients of or households eligible for any of the following needs-based public assistance programs: (1) Temporary Assistance for Needy Families; (2) Work First New Jersey; (3) the Supplemental Nutrition Assistance Program; (4) the federal supplemental security income program; and (5) any other State or federal needs-based public assistance program, as provided for in the memorandum of understanding.

The information provided by DHS and the treasury is required to include information necessary to enroll those recipients of or households eligible for needs-based public assistance into certain utility bill payment assistance programs administered by DCA, BPU, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients.

Based on the information received from DHS and the treasury pursuant to the memorandums of understanding, DCA, BPU, and any other State agency that administers a utility bill payment assistance program that provides ongoing assistance to recipients are required to review the eligibility criteria and recipient data for any needs-based public assistance program administered by the respective agency to identify the information necessary to enroll those recipients of needs-based public assistance programs into certain utility bill payment assistance programs.

This bill requires DCA, BPU, and any other State agency that administers a utility bill payment assistance program that provides 2 ongoing assistance to recipients to, pursuant to the memorandum of understanding and only to the extent permitted by federal law, automatically enroll eligible households into the Universal Service Fund, the Winter Termination Program, the Summer Termination Program, and any other State utility bill payment assistance program that provides ongoing assistance to recipients. Under the bill, a State agency is not to automatically enroll a household into a utility bill payment assistance program that provides a one-time grant or other limited-use assistance.