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

Amendment of sections 387.0 and 387.1 of Title 18 NYCRR.

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

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

in the June 27, 2012 issue of the Register, I.D. No. TDA-26-12-00017-P.

No changes.

Kathryn Mazzeo, Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, NY 12243, (518) 473-3271, email: [email protected]

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.

9. Federal standards:

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

10. Compliance schedule:

The program's name was changed effective August 29, 2012 pursuant to Chapter 41 of the Laws of 2012.

During the public comment period, the Office of Temporary and Disability Assistance (OTDA) received three comments regarding the proposed rule. There were two comments submitted by social services districts. One social services district expressed no comment, and another social services district recommended a federal policy change for the Supplemental Nutrition Assistance Program (SNAP) regarding which food items could be purchased with SNAP benefits. However, a federal policy change is outside the scope of the changes in this proposed rule, which will update State regulations to reflect the program’s name change in Social Services Law § 95, as amended by Chapter 41 of the Laws of 2012.

OTDA received one comment from an organization that did not oppose the goal of the rule, but was critical of the method used to change the program’s name in the proposed amendments. The commenter recommended that OTDA submit another proposed rule to update each reference to the former program name throughout Part 387. The commenter also recommended that OTDA submit other regulatory amendments to update numerous other regulatory provisions. The commenter’s concerns are noted; however, upon consideration of these comments, it has been determined that no changes to this proposed rule are necessary.