TDA-26-12-00017-P Food Stamp Program Renamed to be the Supplemental Nutrition Assistance Program (SNAP)

6/27/12 N.Y. St. Reg. TDA-26-12-00017-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 26

June 27, 2012

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TDA-26-12-00017-P

Food Stamp Program Renamed to be the Supplemental Nutrition Assistance Program (SNAP)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 387.0 and 387.1 of Title 18 NYCRR.

Statutory authority:

7 USC, sections 2011 and 2013, ch. 51; Social Services Law, section 95; L. 2012, ch. 41

Subject:

Food Stamp Program renamed to be the Supplemental Nutrition Assistance Program (SNAP).

Purpose:

To change the name of the Food Stamp Program to SNAP pursuant to Chapter 41 of the Laws of 2012.

Text of proposed rule:

The heading of Part 387 is amended to read as follows:

Part 387 [Food Stamps] Supplemental Nutrition Assistance Program

Section 387.0 is amended to read as follows:

(a) In accordance with sections 29 and 95 of the Social Services Law, the office of temporary and disability assistance (OTDA) within the department of family assistance is the agent of the United States Department of Agriculture for the purposes of participation in the Federal supplemental nutrition assistance program (SNAP), formerly the food stamp program. Since Federal regulations govern the rights, entitlements, duties and obligations of recipients, this Part constitutes [the department's] OTDA's instructions to the [local] social services [department] districts in the implementation of Federal regulations.

(b) Any reference in any department of family assistance or social services district form, notice, contract, policy directive, document or electronic media to:

(1) the food stamp program shall be deemed to refer to the supplemental nutrition assistance program (SNAP); and

(2) food stamp benefits, food stamp coupons, or food stamps shall be deemed to refer to SNAP benefits.

Subdivisions (jj) through (mm) of section 387.1 are renumbered to be subdivisions (kk) through (nn) and a new subdivision (jj) is added to read as follows:

(jj) Supplemental nutrition assistance program. For purposes of this Title, the food stamp program refers to the supplemental nutrition assistance program (SNAP), and food stamp benefits, food stamp coupons, or food stamps refer to SNAP benefits.

Text of proposed rule and any required statements and analyses may be obtained from:

Kathryn Mazzeo, Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, NY 12243, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Regulatory Impact Statement

1. Statutory authority:

The federal Supplemental Nutrition Assistance Program is authorized by Chapter 51 of Title 7 of the United States Code (USC). Pursuant to 7 USC § 2011, the federal Supplemental Nutrition Assistance Program promotes the general welfare and safeguards the health and well-being of the nation's population by raising levels of nutrition among low-income households.

Pursuant to 7 USC § 2013, the federal Secretary of Agriculture is authorized to administer the federal Supplemental Nutrition Assistance Program under which, at the request of the State agency, eligible households within the State will be provided an opportunity to obtain Supplemental Nutrition Assistance Program benefits.

Social Services Law (SSL) § 95, as amended by Chapter 41 of the Laws of 2012, authorizes the Office of Temporary and Disability Assistance (OTDA) to administer the Supplemental Nutrition Assistance Program, formerly named the Food Stamp Program, in New York State and to perform such functions as may be appropriate, permitted or required by or pursuant to federal law.

2. Legislative objectives:

The proposed regulations would implement Chapter 41 of the Laws of 2012 in a manner consistent with the purpose of the chapter. It was the intent of the Legislature in enacting the above statutes that OTDA establish rules, regulations and policies so that adequate provision is made for those persons unable to provide for themselves so that, whenever possible, such persons can be restored to a condition of self-support and self-care.

3. Needs and benefits:

Chapter 41 of the Laws of 2012 changed the name of the Food Stamp Program to the Supplemental Nutrition Assistance Program. References in the regulations to the Food Stamp Program will refer to the Supplemental Nutrition Assistance Program.

4. Costs:

To the extent that the implementation of Chapter 41 of the Laws of 2012 could result in additional administrative expenses, such expenses would be nominal and could be absorbed within existing agency resources.

5. Local government mandates:

OTDA will be updating existing notices and forms for the social services districts to use in the ordinary course of business. Also, OTDA will be providing outreach posters and materials for social services districts' offices. It is anticipated that social services districts may need to update their own forms and notices that are not provided by OTDA.

6. Paperwork:

Existing notices and forms used by the social services districts will be updated to reflect the new name, the Supplemental Nutrition Assistance Program. The proposed amendments would not impose any new reporting requirements on the social services districts.

7. Duplication:

The proposed amendments would not duplicate, overlap or conflict with any existing State or federal statutes or regulations.

8. Alternatives:

An alternative to the proposed amendments would be to retain the existing regulations. However, these regulatory amendments are necessary to bring the State regulations into compliance with Chapter 41 of the Laws of 2012 effective August 29, 2012.

9. Federal standards:

The proposed amendments are consistent with the federal standards for the Supplemental Nutrition Assistance Program.

10. Compliance schedule:

The proposed name change will be effective on August 29, 2012.

Regulatory Flexibility Analysis

1. Effect of Rule:

The proposed amendments would have no effect on small businesses. However, the proposed amendments would have an effect on the fifty-eight social services districts in the State by updating State regulations to implement Chapter 41 of the Laws of 2012, which changes the name of the Food Stamp Program to the Supplemental Nutrition Assistance Program effective August 29, 2012.

2. Compliance Requirements:

The proposed amendments would not impose any additional reporting or recordkeeping on the social services districts. OTDA will be updating existing notices and forms for the social services districts to use in the ordinary course of business. Also, OTDA will be providing outreach posters and materials for social services districts' offices. It is anticipated that social services districts may need to update their own forms and notices that are not provided by OTDA.

3. Professional Services:

The proposed amendments will not require small businesses or local governments to hire additional professional services.

4. Compliance Costs:

To the extent that the implementation of Chapter 41 of the Laws of 2012 could result in additional administrative expenses, such expenses would be nominal and could be absorbed within existing social services district resources.

5. Economic and Technological Feasibility:

All small businesses and local governments currently have the economic and technological ability to comply with these proposed regulations.

6. Minimizing Adverse Impact:

By providing that references to the Food Stamp Program will be deemed to refer to the Supplemental Nutrition Assistance Program, the proposed amendments will minimize any adverse impact on local governments and small businesses. The regulatory amendments will update the State regulations to be consistent with Chapter 41 of the Laws of 2012.

7. Small Business and Local Government Participation:

Social services districts did not participate in the development of this proposal because the proposed regulatory amendments are necessary to comply with Chapter 41 of the Laws of 2012.

Rural Area Flexibility Analysis

1. Types and estimated numbers of rural areas:

The proposed amendments would have an effect on the forty-four rural social services districts (rural districts) in the State by updating State regulations to implement Chapter 41 of the Laws of 2012, which changes the name of the Food Stamp Program to the Supplemental Nutrition Assistance Program effective August 29, 2012.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

The proposed amendments would not impose any additional reporting or recordkeeping on the rural districts. Also, the rural districts would not need to hire additional professional services to comply with the proposed regulations. OTDA will be updating existing notices and forms for the social services districts to use in the ordinary course of business. Also, OTDA will be providing outreach posters and materials for social services districts' offices. It is anticipated that rural districts may need to update their own forms and notices that are not provided by OTDA.

3. Costs:

To the extent that the implementation of Chapter 41 of the Laws of 2012 could result in additional administrative expenses, such expenses would be nominal and could be absorbed within existing social services district resources.

4. Minimizing adverse impact:

By providing that references to the Food Stamp Program will be deemed to refer to the Supplemental Nutrition Assistance Program, the proposed amendments will minimize any adverse impact on rural districts. The regulatory amendments will update the State regulations to be consistent with Chapter 41 of the Laws of 2012.

5. Rural area participation:

Rural social services districts did not participate in the development of this proposal because the proposed regulatory amendments are necessary to comply with Chapter 41 of the Laws of 2012.

Job Impact Statement

A Job Impact Statement is not required for the proposed amendments. It is apparent from the nature and the purpose of the proposed amendments that they will not have a substantial adverse impact on jobs and employment opportunities in either the public or private sectors. The proposed amendments will not affect in any real way the jobs of the workers in the social services districts or the State. These regulatory amendments are necessary to comply with Chapter 41 of the Laws of 2012. Thus, the changes will not have any adverse impact on jobs and employment opportunities in New York State.