New York State Department of State

April 27, 2016 DEPARTMENT OF STATE Vol. XXXVIII Division of Administrative Rules Issue 17 Book1of2 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Routine Testing of Voting Systems D Croton Gorge Unique Area D Plan of Conversion by Commercial Travelers Mutual Insurance Company Guidance Documents Notice of Availability of State and Federal Funds Executive Orders Court Notices Financial Reports

State agencies must specify in each notice which proposes a rule the last date on which they will accept public comment. Agencies must always accept public comment: for a minimum of 45 days following publication in the Register of a Notice of Proposed Rule Making or a Notice of Emergency Adoption and Proposed Rule Making for which full text was included in the Notice or posted on a state web site, or which is a consensus rule or a rule defined in SAPA § 102(2)(a)(ii); or for a minimum of 60 days following publication in the Register of a Notice of Proposed Rule Making or a Notice of Emergency Adoption and Proposed Rule Making for which a summary of the text of the rule was included in the Notice and the full text of which was not published on a state web site; and for 30 days after publication of a Notice of Revised Rule Making in the Register. When a public hearing is required by statute, the hearing cannot be held until 45 days after publication of the notice, and comments must be accepted for at least 5 days after the last required hearing. When the public comment period ends on a Saturday, Sunday or legal holiday, agencies must accept comment through the close of business on the next succeeding workday.

For notices published in this issue: – the 60-day period expires on June 26, 2016 – the 45-day period expires on June 11, 2016 – the 30-day period expires on May 27, 2016 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO ACTING SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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To be considered, comments must reach the agency before the proposed rule is adopted. The law provides for a minimum 45-day public comment period after publication in the Register of every Notice of Proposed Rule Making for which full text was included or posted on a state web site, or which is a consensus rule or a rule defined in SAPA § 102(2)(a)(ii); a minimum 60-day public comment period after publication in the Register of a Notice of Proposed Rule Making for which a summary of the text of the rule was included in the Notice and the full text of which was not published on a state web site; and a 30-day public comment period for every Notice of Revised Rule Making. If a public hearing is required by statute, public comments are accepted for at least five days after the last such hearing. Agencies are also required to specify in each notice the last date on which they will accept public comment.

When a time frame calculation ends on a Saturday or Sunday, the agency accepts public comment through the following Monday; when calculation ends on a holiday, public comment will be accepted through the following workday. Agencies cannot take action to adopt until the day after public comments are due.

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Administrative Regulations Review Commission State Capitol Albany, NY 12247 Telephone: (518) 455-5091 or 455-2731 ------Each paid subscription to the New York State Register includes one weekly issue for a full year and four “Quarterly Index” issues. The Quarterly is a cumulative list of actions that shows the status of every rule making action in progress or initiated within a calendar year. The Register costs $80 a year for a subscription mailed first class and $40 for periodical (second) class. Prepayment is required. To order, send a check or money order payable to the NYS Department of State to the following address:

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New York State Register April 27, 2016/Volume XXXVIII, Issue 17

KEY: (P) Proposal; (RP) Revised Proposal; (E) Emergency; (EP) Emergency and Proposal; (A) Adoption; (AA) Amended Adoption; (W) Withdrawal

Individuals may send public comment via electronic mail to those recipients who provided an e-mail address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings. Choose pertinent issue of the Register and follow the procedures on the website (www.dos.ny.gov) Rule Making Activities Elections, State Board of 1 / Routine Testing of Voting Systems (P) Environmental Conservation, Department of 3 / Croton Gorge Unique Area (P) Financial Services, Department of 4 / Plan of Conversion by Commercial Travelers Mutual Insurance Company (P) Health, Department of 5 / Transgender Related Care and Services (A) Lake George Park Commission 5 / Mandatory Inspection of Trailered Vessels for Aquatic Invasive Species Prior to Launching into the Waters of Lake George Park (A) Liquor Authority, State 6 / Updated Price Posting Rules, License Durations, and Recordkeeping Requirements, and Rescinding of Whiskey Dividend Rules (P) Mental Health, Office of 8 / Telepsychiatry Services (W) 8 / Rights of Patients (A) 8 / Telepsychiatry Services (P) Public Service Commission 12 / Major Electric Rate Filing (P) 12 / Major Gas Rate Filing (P) 13 / Proposal to Revise General Rule 20 Standby Service (P) Temporary and Disability Assistance, Office of 14 / Public Assistance (PA) Resources Exemption for Four-Year Accredited Post-Secondary Educational Institutions (A) 14 / Referrals of Human Trafficking Victims from Established Providers of Social or Legal Services (A) Hearings Schedule for Proposed Rule Makings /16 Action Pending Index /17

Guidance Documents 67 / Children and Family Services, Office of 154 / Corrections and Community Supervision, Department of

Securities Offerings 155 / State Notices

Advertisements for Bidders/Contractors 159 / Sealed Bids

Notice of Availability of State and Federal Funds 163 / Environmental Conservation, Department of 163 / New York Homes and Community Renewal Miscellaneous Notices/Hearings 165 / Notice of Abandoned Property Received by the State Comptroller 165 / Public Notice

Executive Orders 167 / Executive Order No. 156: Prohibiting State Funded or State Sponsored Travel to Mississippi.

Court Notices 169 / Rules of the Chief Administrator 169 / Uniform Rules for the Family Court

Financial Reports / 171 RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists has not undergone pre-election testing prior to use in any election in the calendar year shall be tested no later than December 31st of the calendar of 13 characters. For example, the I.D. No. year. Such tests are in [In] addition to vendor-prescribed maintenance AAM-01-96-00001-E indicates the following: tasks and diagnostic tests, [tests of voting equipment shall be] conducted by the county board [, on each piece of equipment owned by the county AAM -the abbreviation to identify the adopting agency board. Such testing shall be administered periodically and be completed 01 -the State Register issue number during the following periods during each year that the equipment is in use: (1) January 15-April 15; 96 -the year (2) April 16-July 15; 00001 -the Department of State number, assigned upon (3) July 16-September 15; or receipt of notice. (4) September 16-November 15]. Whenever a voting system is to be tested for pre-qualification purposes, E -Emergency Rule Making—permanent action such test must be conducted while the voting system is in election mode. not intended (This character could also be: A Votes cast for pre-qualification test purposes shall be manually cast using for Adoption; P for Proposed Rule Making; RP all of the devices available to voters on election day (i.e.: audio, key pads and or pneumatic switches, and/or alternate language displays). for Revised Rule Making; EP for a combined (c) Testing shall include the comparison of software installed on the Emergency and Proposed Rule Making; EA for delivered system to certified software, via the use of a Secure Hash an Emergency Rule Making that is permanent Signature Standard (SHS) Validation Program, as described in Federal In- formation Processing Standards Publication 180-2 issued by the National and does not expire 90 days after filing.) Institute Standards Technology (This publication is available electroni- cally by accessing [http:// csrc.nist.gov/publications/] the NIST website. Italics contained in text denote new material. Brackets Alternatively, copies of NIST computer security publications are available indicate material to be deleted. from: National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161.) Testing shall consist of the re-calibration of equipment, as appropriate, pursuant to recommendations made in vendor’s maintenance documentation, and the casting of a test deck by voting the minimum number of ballots, determined pursuant to the requirements of section 6210.8 of this State Board of Elections Part, to ensure that all voting positions for each ballot configuration are tested. Votes cast for the purposes of this section shall be cumulative ballots cast on each piece of equipment [during each of the prescribed periods PROPOSED RULE MAKING outlined]. (1) If the system does not accurately count the votes from the test NO HEARING(S) SCHEDULED deck cast manually, simulated, or both, (aside from those that were deliberately designed to fail), or the calibration test, the cause or causes Routine Testing of Voting Systems for the error or errors shall be ascertained and corrected. The voting system I.D. No. SBE-17-16-00009-P shall be retested until there are two consecutive error-free tests before the system is approved for use in the count of actual ballots. The commissioners of the county board or their designees shall certify that they have PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- reviewed and verified the results of said testing. The summary results of cedure Act, NOTICE is hereby given of the following proposed rule: all tests, including all inaccurate test results, their causes and the actions Proposed Action: Amendment of section 6210.2 of Title 9 NYCRR. taken to correct them, as well as the results of all errorless counts, shall be Statutory authority: Election Law, sections 3-102(1), 7-202(3) and entered upon the maintenance log. Maintenance logs are to be kept as a 7-206(3) permanent record of the county board. All other documentation and/or test decks, simulation cartridges and any test data including but not limited Subject: Routine testing of voting systems. to copies of ballot programming used for required maintenance tests shall Purpose: To provide for testing of voting machines not less than once per be maintained in secure locked storage for two years after the election, year. pursuant to Election Law section 3-222. Text of proposed rule: Part 6210.2 of Subtitle V of Title 9 of the Official [(2) Maintenance logs are to be kept as a permanent record of the Compilation of Codes, Rules and Regulations of the State of New York is county board.] amended to read as follows: (d) [During the period including July 16 - September 15 (and in years § 6210.2 Routine [maintenance and] testing of voting systems when a presidential primary is conducted, during the January 15 - April 15 (a) Testing of all voting systems shall be conducted by the county board period),] For pre-qualification testing of a system to be used in a primary before the use of the system in any election and at such other times of the election, the test ballot format for each piece of equipment assigned for year as prescribed by these regulations. Testing procedures shall be ap- use in said primary election shall consist of each primary ballot configura- proved by the State Board. The voting system shall be tested to determine tion as certified by the county board [, if said equipment is to be utilized in that the system is functioning correctly and that all system equipment, a primary election]. The voting system shall be cleared of all votes and a including but not limited to hardware, memory, and report printers, are printed report shall be produced by the system, to verify the correct ballot properly integrated with the system and are capable of properly perform- configuration and election configuration, and to confirm that all voting ing in an election. Testing, other than pre-qualification testing, shall be positions are at zero. Ballots cast for the purposes of this test shall be conducted by casting manual votes and may include the casting of manually cast and a printed tabulation report shall be produced. The simulated votes. system shall again be cleared of all votes and a printed report shall be (b) All voting equipment owned by a county board of election shall be produced by the system to confirm that all voting positions are at zero. tested at least once every calendar year. All other voting equipment that Each officer or board charged with the duty of preparing voting machines

1 Rule Making Activities NYS Register/April 27, 2016 for use in any election shall give written notice pursuant to Election Law (2) pre-qualification and post-election tests; section 7-128 and section 7-207, by first class mail, to the State Board and (3) election day support, via phone, email, facsimile or on-site, as to all candidates, except candidates for member of the county committee, necessary; who are lawfully entitled to have their names appear thereon, of the time (4) post-election support, to include recanvass, challenges, and audit when, and the place where, they may inspect the voting machines to be conducted pursuant to Election Law section 9-211; used for such election. [Each officer or board charged with the duty of (5) staff training; preparing voting machines for use in any election shall give written no- (6) defining personnel requirements and tasks; tice, by first class mail, to the State Board and to all candidates, except (7) defining procedures for pre-qualification, post-election, and main- candidates for member of the county committee, who are lawfully entitled tenance tests; and to have their names appear thereon, of the time when, and the place where, (8) defining procedures for canvassing and recanvassing votes cast in they may inspect the voting machines to be used for such election.] The an election. candidates or their designated representatives may appear at the time and (m) During successive years, the State Board, whenever it deems neces- place specified in such notice to inspect such machines, provided, sary, or at the request of a county board, may assist in any or all aspects of however, that the time so specified shall be not less than two days prior to the operation of the system. the date of the election. (e) For the period between ballot certification and seven days before the Text of proposed rule and any required statements and analyses may be general election, the test ballot format for each piece of equipment shall obtained from: Brian L. Quail, Esq., New York State Board of Elections, consist of each general election ballot configuration as certified by the 40 North Pearl Street, Ste. 5, Albany, New York 12207, (518) 474-2063, county board. The voting system shall be cleared of all votes and a printed email: [email protected] report shall be produced by the system, to verify the correct ballot Data, views or arguments may be submitted to: Same as above. configuration and election configuration, and to confirm that all voting Public comment will be received until: 45 days after publication of this positions are at zero. Ballots cast for the purposes of this test shall be notice. manually cast and a printed tabulation report shall be produced. The Regulatory Impact Statement system shall again be cleared of all votes and a printed report shall be 1. Statutory authority: Election Law 3-102[1]; 7-202[3]; 7-206[3] produced by the system to confirm that all voting positions are at zero. requires the Boards of Elections to provide routine testing of voting Each officer or board charged with the duty of preparing voting machines systems, and this requires rules for implementation. Election Law for use in any election shall give written notice pursuant to Election Law 3-102[1]; 7-202[3]; 7-206[3] expressly authorizes the New York State section 7-128 and section 7-207, by first class mail, to the State Board and Board of Elections to promulgate such rules and regulations. to all candidates, except candidates for member of the county committee, 2. Legislative objectives: The legislative objective furthered by the who are lawfully entitled to have their names appear thereon, of the time regulation is to provide an efficient, reliable voting machine testing when, and the place where, they may inspect the voting machines to be protocol to ensure accurate tabulation of votes cast. used for such election. The candidates or their designated representatives 3. Needs and benefits: The legislature has mandated that the State Board may appear at the time and place specified in such notice to inspect such of Elections promulgate procedures for the testing of voting equipment to machines, provided, however, that the time so specified shall be not less ensure the accuracy of election result tabulation. This regulation requires than two days prior to the date of the election. testing of voting machines not used in an election to still occur at least (f) In addition to any vendor provided training, the State Board shall once per year to ensure an accurate accounting of the condition of all vot- provide training on routine maintenance and testing of voting systems to ing equipment. The testing regimen continues to require pre-election test- county board personnel responsible for voting systems. The State Board ing on all units to be used in the election to ensure accurate functioning of shall provide sample tests to be utilized by each county board. The State voting machines in all elections. Board may revise said testing format, based upon its audit and review. 4. Costs: (g) All results of [each] any testing [routine maintenance, test and/or] in a. This regulatory amendment does not increase costs to regulated par- addition to pre-qualification testing, including the final errorless test, shall ties as the regulation reflects only existing statutory obligations and be certified as accurate by the county board commissioners or their eliminates certain unnecessary testing. designees, and such certification shall be entered upon the maintenance b. There are no new agency or state costs created by this rulemaking. log for each such piece of equipment, together with any other information c. This assessment of cost is based on the nature of the regulation. prescribed in said log by the State Board. d. This regulatory amendment does not create any new costs as it does (h) The county board shall certify to the State Board, the completion of not impose any new regulatory burden or compliance activity. any [each routine maintenance], testing [and/or] including pre- 5. Local government mandates: There are no additional responsibilities qualification testing. All documentation and/or test decks, simulation car- imposed by this rule upon any county, city, town, village, school district, tridges and any test data including but not limited to copies of ballot fire district or other special district. programming used for required maintenance tests shall be maintained in 6. Paperwork: This proposed rule imposes no new documentation, secure locked storage for two years after the election, pursuant to Election reporting or regulatory filing requirements. Law section 3-222. Such certification shall be on a form prescribed and 7. Duplication: There is no jurisdictional duplication created by this furnished by the State Board, and shall be accompanied by copies of each rulemaking. maintenance log. 8. Alternatives: This rulemaking amends the existing regulations for (i) Each county shall keep a detailed log of maintenance performance voting machine testing. There are no known alternatives, but public com- and testing procedures. Such logs shall be in a format provided by the ment will be accepted. State Board and the same shall have been reviewed by the vendor. 9. Federal standards: Not applicable. (j) Such logs shall be provided upon completion of any testing, includ- 10. Compliance schedule: The rule provides no new compliance ing pre-qualification testing [quarterly to] or as requested by the State schedules and will go into effect upon publication of the Notice of Adop- Board, for their review and inspection, and shall be made available to the tion in the New York State Register. public, upon request. (k) The State Board may, upon review of the maintenance logs, require Regulatory Flexibility Analysis further testing of any such piece of equipment or may remove a piece of Under SAPA, when it is apparent from the nature and purpose of the rule equipment from use in an election until further examination and testing that it will not have a substantial adverse impact on small business or local has been completed, or may rescind certification pursuant to section governments, the agency may file a Statement in Lieu of. This rulemak- 6209.8 of the State Board regulations. ing, as is apparent from its nature and purpose, will not have an adverse (1) The State Board may reinstate the certification if the equipment impact on jobs or employment opportunities. The rule provides for a passes these further tests, and a review of the maintenance logs supports modification to the process for the testing of voting machines. This such reinstatement. rulemaking imposes no regulatory burden on any facet of small business (2) County boards shall make the system or equipment available to or local government. the State Board for any such additional testing and shall provide such as- Rural Area Flexibility Analysis sistance as may be deemed necessary. (l) During the initial time period in which such system or equipment is Under SAPA 202-bb(4)(a), when a rule does not impose an adverse eco- used, to include a primary election and a general election, the State Board nomic impact on rural areas and the agency finds it would not impose shall assist in the routine maintenance, testing and the operation of the reporting, recordkeeping, or other compliance requirements on public or voting machines or systems. Such assistance shall include but not be private entities in rural areas, the agency may file a Statement in Lieu of. limited to: This rule has statewide application, amending the rules for routine testing (1) election configuration and ballot configuration related to voting of voting systems as provided by Election Law section 3-102[1]; 7-202[3]; system testing and use; 7-206[3]. The proposed rule does not create any new reporting, record-

2 NYS Register/April 27, 2016 Rule Making Activities keeping or other increased compliance requirements. Accordingly, this ECL section 9-0105(1) authorizes the Department to ‘‘[e]xercise care, rule has no adverse impacts on any area. custody, and control’’ of state lands. ECL section 3-0301(2)(m) authorizes Job Impact Statement the Department to adopt rules and regulations “as may be necessary, con- venient or desirable to effectuate the purposes of [the ECL],” and ECL Under SAPA 201-a(2)(a), when it is apparent from the nature and purpose 9-0105(3) authorizes the Department to “[m]ake necessary rules and of the rule that it will not have a substantial adverse impact on jobs and regulations to secure proper enforcement of [ECL Article 9].” employment opportunities, the agency may file a Statement in Lieu of. 2. Legislative objectives This rulemaking, as is apparent from its nature and purpose, will not have In adopting various articles of the ECL, the legislature has established an adverse impact on jobs or employment opportunities. The rule provides that forest, fish, and wildlife conservation are policies of the state and has for modifying the process for testing voting machines. This rulemaking empowered the Department to exercise care, custody, and control over imposes no regulatory burden on any facet of job creation or employment. certain state lands and other real property. Consistent with these statutory interests, the proposed regulations will protect natural resources and the safety and welfare of those who engage in recreational activities within the Croton Gorge Unique Area. The Department has also been authorized Department of Environmental by the state legislature to manage state owned lands (see ECL section 9-0105(1)), and to promulgate rules and regulations for the use of such Conservation lands (see ECL sections 3-0301(2)(m) and 9-0105(3)). 3. Needs and benefits The Croton Gorge Unique Area (“the Area”) is located in the town of PROPOSED RULE MAKING Cortlandt in Westchester County and was acquired in 1978 by the state because of its natural beauty. As early as 1965, Westchester County identi- HEARING(S) SCHEDULED fied this stretch of the Croton River for public acquisition in its open space program. In 1974, discussions involving the Department, Westchester Croton Gorge Unique Area County officials, the Nature Conservancy, and various local and regional I.D. No. ENV-17-16-00001-P conservationists culminated in the formal submission of a nomination of a portion of the Croton Gorge for acquisition by the Department with Environmental Quality Bond Act funds under the unique category for PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- inclusion in the State Nature and Historical Preserve. In 1976, the Board cedure Act, NOTICE is hereby given of the following proposed rule: of the State Nature and Historical Preserve Trust advised the commis- Proposed Action: Addition of section 190.10(g) to Title 6 NYCRR. sioner of the Department of Environmental Conservation that “the Croton Statutory authority: Environmental Conservation Law, sections River and Gorge from the New Croton Dam to the River’s confluence 1-0101(3)(b), 3-0301(1)(b), (2)(m), 9-0105(1) and (3) with the Hudson qualifies as a “Unique Area” in the natural beauty category; that the Board recommend that the commissioner explore and report Subject: Croton Gorge Unique Area. on means of protecting the entire Gorge either by State, County, private or Purpose: To protect public safety and natural resources on the Croton municipal acquisition or other method of protection; and that as a first step Gorge Unique Area. the commissioner acquire by easement or fee title up to 40 acres in the Public hearing(s) will be held at: 7:00 p.m., May 18, 2016 at Ossining section designated… .” Original parcels identified for acquisition included Public Library, 53 Croton Ave., Ossining, NY. lands owned by (a) the Village of Croton-on-Hudson, (b) the Union Free Interpreter Service: Interpreter services will be made available to hearing School District #2, (c) Towns of Cortlandt and Yorktown, and (d) three impaired persons, at no charge, upon written request submitted within rea- private landowners. An internal memo described the acquisition as “one sonable time prior to the scheduled public hearing. The written request of the grandest hemlock gorges in the State, and the finest immediately must be addressed to the agency representative designated in the paragraph adjacent to the Tidal Hudson. Despite the propinquity to New York City, below. the tract is largely undisturbed.” The same memo proposed that an emergency action was required “in order to secure a crucial portion from Accessibility: All public hearings have been scheduled at places reason- adverse development.” ably accessible to persons with a mobility impairment. In 1978, the Department acquired 19.2 acres in three separate parcels Text of proposed rule: A new subdivision (g) is added to 6 NYCRR sec- east of the Croton River in the Town of Cortlandt, from two willing private tion 190.10 to read as follows: sellers. The 19.2 acre acquisition by the Department became the Croton (g) Croton Gorge Unique Area. Description: For the purposes of this Gorge Unique Area. Part 190 of Title 6 of the Official Compilation of section, Croton Gorge Unique Area, referred to in this section as “the Codes, Rules and Regulations of the State of New York (“6 NYCRR”) area”, means all those state lands located in Westchester County in the contain the general regulations concerning the public’s use of state lands, Town of Cortlandt, in a portion of the Cortlandt Patent. but it does not adequately address the majority of management issues (1) All camping shall be prohibited. confronting this property including overuse, alcohol consumption, (2) Public use of the property will be allowed from sunrise to sunset campfires, and camping. only. Due to the large influx of public users to this small property in the sum- (3) The use of any type of fire shall be prohibited including the use of mer months, there is degradation to the natural resources of the Area and charcoal or gas grills. an increase in public safety issues. These include the trampling of vegeta- (4) Possession or consumption of alcoholic beverages shall be tion resulting in areas of compacted soil and bare ground, damage to trees prohibited. resulting from limb removal for fire use, littering, and graffiti. In addition, Text of proposed rule and any required statements and analyses may be trespassing onto neighboring private properties is an issue. In the case of obtained from: Jeff Wiegert, Division of Lands and Forests, 21 South Putt wildfire, efforts to contain a blaze by local first responders would be Corners Road, New Paltz, NY 12561, (845) 256-3084, email: hampered with the lack of fire hydrants near the property and the rugged [email protected] terrain. Data, views or arguments may be submitted to: Same as above. The proposed regulations will improve public safety by prohibiting the consumption of alcohol and the use of fire on the property. By prohibiting Public comment will be received until: 45 days after publication of this camping and restricting hours of use, it is anticipated that litter, trespass notice. and other degradation problems will be reduced or eliminated. In contrast Additional matter required by statute: A Short EAF has been prepared in to other similar regulations, the proposed regulations specify the start and compliance with Article 8 of the Environmental Conservation Law. end of hours of public use as sunrise and sunset, rather than times of day. Regulatory Impact Statement This language will help to ensure that users leave the area while there is 1. Statutory authority still sufficient daylight to safely navigate the steep trail that is the only Environmental Conservation Law (“ECL”) section 1-0101(3)(b) directs means of ingress and egress from the property. the Department of Environmental Conservation (Department) to guarantee Local government is very supportive of this regulatory proposal and are “that the widest range of beneficial uses of the environment is attained expected to assist the Department with enforcement. Local law enforce- without risk to health or safety, unnecessary degradation or other undesir- ment and public safety officials are the first responders to incidents on this able or unintentional consequences.” ECL section 3-0301(1)(b) gives the property. A Task Force composed of local municipal leaders, neighbors, Department the responsibility to “promote and coordinate management law enforcement and public safety officials has been formed to address of...land resources to assure their protection, enhancement, provision, al- management issues on the Croton Gorge Unique Area. The Task Force location, and balanced utilization...and take into account the cumulative has requested that the Department promulgate regulations to increase pub- impact upon all such resources in promulgating any rule or regulation.” lic safety and address overuse while still providing a quality outdoor

3 Rule Making Activities NYS Register/April 27, 2016 recreational experience for users of the property. It has been pointed out public safety on the Croton Gorge Unique Area while still providing a that Department lands are the only publicly managed lands along the quality outdoor experience for users. A Rural Area Flexibility Analysis is Croton River that allow alcohol consumption, campfires and camping. not submitted with this proposal because the proposal will not impose any Consistency in permitted uses on publicly managed lands along the Croton River is desired. The uniqueness of the area and its uses require some ad- reporting, record-keeping or other compliance requirements on rural areas. ditional restrictions on Department lands. For these and other reasons the The proposed regulations relate solely to protecting public safety and nat- Department seeks to promulgate regulations for the Croton Gorge Unique ural resources on the Croton Gorge Unique Area. Area. The Department has concluded that it is reasonable and appropriate to develop regulations to regulate the activities at the Croton Gorge Unique Job Impact Statement Area in order to protect the Area’s natural resources given its unique The proposed rulemaking will adopt a new subdivision (g) to 6 NYCRR character and level of public use. Section 190.10, “Unique Areas” that will address overuse and increase Department staff attended a Task Force meeting on October 2, 2014 to public safety on the Croton Gorge Unique Area while still providing a listen to concerns and issues with public use of the Croton Gorge Unique Area. This is a continuation of meetings the Department has attended since quality outdoor experience for users. A Job Impact Statement is not 2006. Attendees at this meeting included Town Supervisors from Cortlandt submitted with this proposal because the proposal will have no substantial and Ossining, the Mayor of Croton-on-Hudson, the Director of Environ- adverse impact on existing or future jobs and employment opportunities. mental Services for the Town of Cortlandt, police and emergency person- The proposed regulations relate solely to protecting public safety and nat- nel from Westchester County and the above municipalities, interested ural resources on the Croton Gorge Unique Area. members of the public, users of the property and neighbors. At that meeting Department staff agreed to a field visit to the property which occurred on November 8, 2014. A handful of people showed up including the Direc- tor of Environmental Services for the Town of Cortlandt and a couple of neighbors. The content of the proposed Unique Area regulations was Department of Financial Services discussed. Information regarding the Department’s intent to propose a regulation, the content of the regulation and the public process associated with the PROPOSED RULE MAKING rulemaking will appear in a widely- distributed Spanish-language newspaper in the area. In addition, a public meeting in the local com- HEARING(S) SCHEDULED munity will be held during the formal regulatory comment period. All regulatory documents will appear on the Department’s website. Plan of Conversion by Commercial Travelers Mutual Insurance 4. Costs Company There will be no increased staffing, construction or compliance costs projected for state or local governments or to private regulated parties as a I.D. No. DFS-17-16-00003-P result of this rulemaking. Costs to local governments and Department enforcement personnel will not increase as a result of increased patrols since patrol levels will remain the same. Costs to the Department will be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- minimal and are estimated to be approximately $500.00 for necessary cedure Act, NOTICE is hereby given of the following proposed rule: signage for the property explaining the new regulations. 5. Local government mandates Proposed Action: Approval of a plan by Commercial Travelers Mutual This proposal will not impose any program, service, duty or responsibil- Insurance Company to convert from a mutual accident and health insur- ity upon any county, city, town, village, school district or fire district. ance company to a stock accident and health insurance company. 6. Paperwork The proposed regulations will not impose any reporting requirements or Statutory authority: Insurance Law, section 7313 other paperwork on any private or public entity. Subject: Plan of Conversion by Commercial Travelers Mutual Insurance 7. Duplication Company. There is no duplication, conflict, or overlap with state or federal regulations. Purpose: To convert a mutual accident and health insurance company to a 8. Alternatives stock accident and health insurance company. The no-action alternative is not feasible since it does not adequately protect the Croton Gorge Unique Area from overuse and abuse. Reliance Public hearing(s) will be held at: 10:30 a.m., May 26, 2016 at Depart- on current Part 190 regulations for State Forest lands does not provide ad- ment of Financial Services, One State Street, 6th Fl., New York, NY. equate public safety or law enforcement protections that are necessary for the protection of the Croton Gorge Unique Area because of its unique Interpreter Service: Interpreter services will be made available to hearing characteristics and geographic location. impaired persons, at no charge, upon written request submitted within rea- 9. Federal standard sonable time prior to the scheduled public hearing. The written request There is no relevant federal standard governing the use of state lands. must be addressed to the agency representative designated in the paragraph 10. Compliance schedule below. The regulations will become effective on the date of publication of the rulemaking in the New York State Register. Once the regulations are Accessibility: All public hearings have been scheduled at places reason- adopted they are effective immediately. The Department will educate the ably accessible to persons with a mobility impairment. public about the regulations through information posted on the Depart- Substance of proposed rule: Commercial Travelers Mutual Insurance ments’ web site, signage posted on the property, and by working with the Task Force to help disseminate information regarding the regulations. Company has submitted a plan pursuant to N.Y. Insurance Law Section 7313 to convert from a mutual accident and health insurance company to a Regulatory Flexibility Analysis stock accident and health insurance company. The proposed rulemaking will adopt a new subdivision (g) to 6 NYCRR Section 190.10, “Unique Areas” that will address overuse and increase Text of proposed rule and any required statements and analyses may be public safety on the Croton Gorge Unique Area while still providing a obtained from: Christine Gralton, NYS Department of Financial Services, quality outdoor experience for users. A Regulatory Flexibility Analysis 1 State Street, New York, NY 10004, (212) 480-5061, email: for Small Businesses and Local Governments is not submitted with these [email protected] regulations because the proposal will not impose any reporting, recordkeeping or other compliance requirements on small businesses or local Data, views or arguments may be submitted to: Same as above. governments. Since there are no identified cost impacts for compliance Public comment will be received until: Five days after the last scheduled with the proposed regulations on the part of small businesses and local public hearing. governments, they will bear no economic impact as a result of this proposal. The proposed regulations relate solely to protecting public safety Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural and natural resources on the Croton Gorge Unique Area. Area Flexibility Analysis and Job Impact Statement Rural Area Flexibility Analysis Statements and analyses are not submitted with this notice because the The proposed rulemaking will adopt a new subdivision (g) to 6 NYCRR proposed rule is within the definition contained in section 102(2)(a)(ii) of Section 190.10, “Unique Areas” that will address overuse and increase the State Administrative Procedure Act.

4 NYS Register/April 27, 2016 Rule Making Activities

Department of Health Lake George Park Commission

NOTICE OF ADOPTION NOTICE OF ADOPTION Mandatory Inspection of Trailered Vessels for Aquatic Invasive Transgender Related Care and Services Species Prior to Launching into the Waters of Lake George Park I.D. No. HLT-44-15-00003-A I.D. No. LGP-06-16-00006-A Filing No. 370 Filing No. 368 Filing Date: 2016-04-12 Filing Date: 2016-04-12 Effective Date: 2016-04-27 Effective Date: 2016-05-01

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: cedure Act, NOTICE is hereby given of the following action: Action taken: Amendment of section 505.2(l) of Title 18 NYCRR. Action taken: Amendment of Subpart 646-9 of Title 6 NYCRR. Statutory authority: Public Health Law, sections 201 and 206; Social Ser- Statutory authority: Environmental Conservation Law, sections 43- vices Law, sections 363-a and 365-a(2) 0117(4), 43-0107(8) and (32) Subject: Transgender Related Care and Services. Subject: Mandatory inspection of trailered vessels for aquatic invasive Purpose: To amend provisions regarding Medicaid coverage of transition- species prior to launching into the waters of Lake George Park. related transgender care and services. Purpose: To minimize the introduction and spread of aquatic invasive species into the waters of the Lake George Park. Text or summary was published in the November 4, 2015 issue of the Register, I.D. No. HLT-44-15-00003-P. Text or summary was published in the February 10, 2016 issue of the Register, I.D. No. LGP-06-16-00006-P. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained Text of rule and any required statements and analyses may be obtained from: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs from: Dave Wick, Executive Director, Lake George Park Commission, 75 Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473- Fort George Road, P.O. Box 749, Lake George, NY 12845, (518) 668- 7488, email: [email protected] 9347, email: [email protected] Assessment of Public Comment Initial Review of Rule Separate letters with comments were received from nine individuals, As a rule that requires a RFA, RAFA or JIS, this rule will be initially one advocacy organization, and one professional association. In addition, reviewed in the calendar year 2019, which is no later than the 3rd year af- two legal aid organizations and a law firm provided joint comments. ter the year in which this rule is being adopted. The proposed regulations would establish a minimum age of 18 for Assessment of Public Comment Medicaid coverage of gender reassignment surgery (GRS), even in in- 1. Introduction stances where sterilization will result, and would add psychiatric nurse The Lake George Park Commission held a public hearing on the practitioners to the list of medical professionals who can provide referral proposed Aquatic Invasive Species Prevention Regulations. The Public letters establishing the appropriateness of GRS for a particular individual. Hearing was held on March 30 at 4:00 p.m. at the Bolton Town Hall, All commenters approved of these proposed changes. Bolton Landing, NY. The hearing was attended by Kenneth Parker, James However, all of the commenters urged that the list of individuals who Kneeshaw, William Mason, and Joseph Stanek. can provide referral letters for GRS be further expanded. Suggestions Comment #1: included general nurse practitioners, licensed clinical social workers, Mark Miller and John Salvador, Jr. asked about the cost to include Trout licensed masters of social work under clinical supervision, mental health Lake into the program. Mr. Miller spoke about the on-going Trout Lake counselors, and individuals with a master’s degree or its equivalent in a survey work as well as Trout Lake boat registrations. clinical behavioral science field. Some commenters suggested that under Mr. Miller also questioned the language of the proposed launch agree- the current regulation, Medicaid recipients in some areas of the State ments and wondered whether the seals for Trout Lake boats would be dif- would have difficulty finding qualified clinicians nearby to provide the ferent than those for Lake George boats. required letters, and would have to travel to places where there are more Response: The cost of including Trout Lake is very minimal. The only cost incurred is the cost of tags, administration costs for processing launch qualified clinicians. In response, the Department notes Medicaid payment agreements and compliance. Commission staff estimated the cost of tags is available for transportation to and from the offices of qualified clini- to be approximately $200-$300. The Commission will work with launch cians in order to obtain medically necessary services, and is available for owners to find the most efficient manner to secure their launches. The certain medically necessary telemedicine consultations. In addition, the Commission intends to use a different color seal for Trout Lake boats to regulation is intended to strike a balance between enabling access to ser- distinguish them from boats entering Lake George. vices and ensuring that Medicaid coverage of GRS is based on determina- Comment #2: tions of medical necessity made by individuals qualified to make such Mayor Robert Blais said that he and all the members of the SAVE group determinations. The Department will take the commenters’ suggestions are in favor of the program and are willing to commit to three (3) years of under advisement, but continues to believe the current requirement is rea- funding – which is the law’s limit. He said it is now up to the State. sonable and is not a barrier to transgender individuals accessing necessary Mayor Blais also noted that the users of the lake are in favor of protect- care. No changes were made to the proposed regulation as a result of these ing this most valuable resource with a 96% approval rating. Its proven comments. prevention and is much more cost effective than eradicating something All of the commenters offered comments on provisions of 18 NYCRR that gets into the lake. 505.2(l) not affected by the proposed regulatory amendment. For example, Mayor Blais said that he would like to see the program extended based commenters objected to existing provisions restricting coverage of on the weather patterns, etc. If that happens, they are also ready to fund transgender care and services to individuals 18 years of age or older, and that as well. Response: These comments were noted by the Commission and the prohibiting coverage for services provided for the sole purpose of improv- Commission extended its great appreciation to Village of Lake George ing an individual’s appearance. Because these comments do not pertain to and the other municipalities and nonprofit organizations around Lake the amendments proposed in the current rulemaking, the Department will George in working to protect Lake George from new aquatic invasive not address them, and no changes were made to the proposed regulation in species. response to these comments. The Department notes, however, that these Comment #3: objections were raised when it adopted the new section 505.2(l) in 2015, David Hartmann thanked the Commission for the presentation. He and were addressed in the Assessment of Public Comment accompanying questioned whether there were specific goals of the program and how the that adoption. Commission would measure success against those goals. He also ques-

5 Rule Making Activities NYS Register/April 27, 2016 tioned the negative impacts that the regulations may present such as the limited access to the lake due to closure of launches. He questioned whether the Commission would monitor the program for costs and State Liquor Authority determine whether the costs of the program would be better spent on an alternative program such as the voluntary steward program the preceded these regulations. PROPOSED RULE MAKING Response: The specific goal of the regulations is to minimize the NO HEARING(S) SCHEDULED introduction of aquatic invasive species into the waters of the Lake George Park. The Commission measures the immediate success of the program by Updated Price Posting Rules, License Durations, and maintaining records of the inspection and, if necessary, the decontamina- Recordkeeping Requirements, and Rescinding of Whiskey tion of boats entering Lake George. During the pilot program, the Com- Dividend Rules mission documented more than 300 boats with known invasive species I.D. No. LQR-17-16-00002-P which were decontaminated prior to launching into Lake George. The Commission has considered alternatives to these regulations which are documented in the Regulatory Impact Statement. These include an PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- enhanced steward program, a voluntary certification program, and taking cedure Act, NOTICE is hereby given of the following proposed rule: no action. The Commission determined that the mandatory boat inspec- Proposed Action: This is a consensus rule making to amend sections 65.4, tion and decontamination program was the most effective and efficient 65.5, 65.11 and 97.1; and repeal of sections 90.1 and 90.2 of Title 9 way to prevent the introduction of aquatic invasive species into Lake NYCRR. George. The Commission has streamlined the program to save costs and Statutory authority: Alcohol Beverage Control Law, sections 55-a(1), will continue to monitor the program to keep it efficient and effective. 101(1)(c), 101-b(4) and 109(1) The public launches at Roger’s Rock, Mossy Point and Million Dollar Subject: Updated price posting rules, license durations, and recordkeeping Beach are owned by the Department of Environmental Conservation. requirements, and rescinding of whiskey dividend rules. Mossy Point and Million Dollar Beach are opened year round at all hours. Purpose: To update price posting rules, license durations, recordkeeping, The Commission operates a drop box system during off-hours allowing and joint advertising rules for certain license types. boaters to remove their own Vessel Inspection Seal and drop it in the box Text of proposed rule: Title 9, Subtitle B, of the Official Compilation of to show compliance. During the two year pilot program, the Commission Codes, Rules and Regulations of the State of New York (NYCRR), is did not receive any complaints about access. The Commission’s records hereby amended to include amendments to sections 65.4, 65.5, 65.11, and indicate that very few boats were launched during off-hours when no 97.1, as well as the repeal of sections 90.1 and 90.2. inspection station was open. In addition, the Commission works with fish- § 65.4 Prices to retailers (Alcoholic Beverage Control Law, § 101-b) ing groups to provide extended inspection station hours during large (a) The price to retailers, except retailers operating railroad cars, shall events. include federal customs duties, internal revenue taxes, State taxes and fees Comment #4: and cost of delivery to the retailer. The price to retailers operating railroad Walt Lender, Executive Director of the Lake George Association, said cars may be scheduled at a price “ex State taxes and fees”, but shall include that the LGA is very supportive of this program. He said that he would be all of the other taxes and costs computed in prices to other retailers. No charge shall be made in addition thereto, except where a wholesaler lists happy to work with the Commission on the questions and the outreach. in his schedule those counties in which no charge for delivery will be Mr. Lender said that he has received only positive feedback from people made, in all other counties the actual cost of delivery shall be charged to regarding the program and congratulated the Commission. the retailer in addition to the price set forth in the schedule and shall be so Response: These comments were noted by the Commission and the indicated on the invoice. Commission extended its great appreciation to the LGA in working to (b) A delivery charge may be made for certain brands and not for other protect Lake George from new aquatic invasive species. brands, provided it is so indicated on the schedule of prices to retailers. Comment #5: (c) All sales to airline company retail licensees shall be at price sched- Pamela Parrott, a 4th generation Lake George resident, said that she is ule prices, except “in bond” sales to aircraft companies holding permits in support of the program and believes that the program is absolutely under section 99-b. necessary. (d) The bottle or case price of an item of liquor listed in a schedule of li- Response: These comments were noted by the Commission and the quor prices to retailers shall not be changed from the price theretofore Commission appreciates the support of the public in working to protect listed in the prior schedule of liquor prices to retailers except insofar as Lake George from new aquatic invasive species. such change may be required or permitted pursuant to the provisions of Comment #6: 3(b) of section 101-b (Alcoholic Beverage Control Law), or after prior Mr. Conover, Bolton Town Supervisor, said that the Commission has permission of the Authority for good cause shown and for reasons not in- his full support for the program. consistent with the purpose of section 101-b. Response: These comments were noted by the Commission and the (e) For each item of liquor listed in the schedule of liquor prices to retailers there shall be posted a bottle and a case price. [The bottle price Commission appreciates the support of the Town of Bolton and other multiplied by number of containers in the case must exceed the case price municipalities around Lake George in working to protect Lake George by approximately $1.92 for any case of 48 or fewer containers. The figure from new aquatic invasive species. is to be reached by adding $1.92 to the case price, dividing by the number Comment #7: of containers in the case, and rounding to the nearest cent. Where more The Commission received one written comment from Meg Modley, than 48 containers are packed in a case, bottle price shall be computed by Environmental analyst with the Lake Champlain Basin Program. Ms. dividing the case price by the number of containers in the case, rounding Modley suggested that the Commission decontaminate boats leaving Lake to the nearest cent, and adding one cent. Variations will not be permitted George to prevent the spread of AIS from Lake George into other water without approval of the authority.] bodies. Ms. Modley further suggests that samples of AIS removed from § 65.5 Prices to wholesalers boats prior to entering Lake George be analyzed to identify the AIS from (a) The prices of liquor to wholesalers must be scheduled by the follow- other waterbodies. She further suggests collecting and analyzing AIS ing methods for designated points of shipment. If the brand owner or brand specimens from boats that leave Lake George to determine what risks agent ships from more than one point-of-shipment to any wholesaler there may be to other water bodies. anywhere in any State of the United States or in the District of Columbia, Response: The Commission is currently working with Darren Freshwa- or to any state (or state agency) then the points-of-shipment most economi- ter Institute to evaluate the costs and effectiveness of analyzing water cal to the New York wholesaler must be scheduled. (1) F.O.B. United States of America point-of-shipment designated samples from boats that are decontaminated prior to entering Lake George. which shall include Federal customs duties, internal revenue taxes, New The Commission determined that requiring boats leaving Lake George to York State excise taxes and all charges up to the point-of-shipment undergo decontamination would cause a significant cost to the program designated. and may cause unnecessary inconvenience to the boaters. Boats leaving (2) F.O.B. United States of America point-of-shipment designated Lake George are required to have their bilges drained and be inspected for which shall include all Federal customs duties, internal revenue taxes and visible AIS (cleaned and drained) prior to tagging with a seal upon exiting all charges up to the point-of-shipment designated if sales to any whole- the lake, so as not to allow the boat to introduce any possible AIS from saler in any other state, or to any state (or state agency) are made on this Lake George into other waterbodies. basis.

6 NYS Register/April 27, 2016 Rule Making Activities

(3) In bond f.o.b. United States of America point-of-shipment designated if sales to any wholesaler in any other state, or to any state (or New York Albany Alleghany state agency) are made on this basis. Kings Greene Cattaraugus (4) In bond f.o.b. foreign point-of-shipment designated (direct Chenango Chautauqua import) if sales to any wholesaler in any other state, or to any state (or Delaware Chemung state agency) are made on this basis. Otsego Schuyler (5) F.O.B. foreign point-of-shipment designated which shall include Schoharie Steuben all Federal customs duties, internal revenue taxes and all charges up to the Clinton Tompkins point-of-shipment designated if sales to any wholesaler in any other State, Essex Tioga or to any state (or state agency) are made on this basis. Franklin Ontario [(b) Liquor prices to wholesalers may not be scheduled by any other Columbia Seneca method unless it is first established to the satisfaction of the Authority that Renessalaer Yates the bottle and case prices under the alternate method are not higher than Washington the lowest prices at which the brand will be sold to any wholesaler Broome anywhere in any other state of the United States or in the District of Co- Cayuga lumbia, or to any state (or state agency). (c)] (b) Where any schedule of liquor prices to wholesalers reflects a (b) Single grocery store beer licenses located in the following counties shall be effective for two years commencing July 1, 1976 and shall expire reduction or increase in the bottle or case price filed pursuant to subdivi- on June 30, 1978. Thereafter, the term of such licenses shall be three years sion (a)(1) of this section for any item set forth therein from the bottle or commencing July 1, 1978 and ending June 30, 1981, and every three years case price of such item theretofore in effect, then the schedules of liquor thereafter. prices to retailers shall reflect, in the event of a decrease at least a like reduction in per centum in the bottle and case price of such item set forth therein, and in the event of an increase, not more than a like increase in per ZONE I ZONE II ZONE III centum in the bottle and case price of such item set forth therein. Bronx Cortland Erie [(d)] (c) The prices of wine to wholesalers may be scheduled by the fol- Queens Onondaga Wyoming lowing methods: Richmond Dutchess (1) F.O.B. United States of America point-of-shipment designated Fulton which shall include all Federal customs duties, internal revenue taxes, Hamilton New York State excise taxes and all charges up to the point-of-shipment Montgomery designated. Herkimer (2) F.O.B. United States of America point-of-shipment designated Madison which shall include all federal customs duties, internal revenue taxes and Oneida all charges up to the point-of-shipment designated. Jefferson (3) In bond f.o.b. United States of America point-of-shipment Lewis designated. Oswego (4) In bond f.o.b. foreign point-of-shipment designated (direct import). (c) Single grocery store beer licenses located in the following counties (5) F.O.B. foreign point-of-shipment which shall include all federal shall have a duration of three years, the first such period to commence customs duties, internal revenue taxes and all charges up to the point-of- July 1, 1976 and end on June 30, 1979. shipment designated. (6) A price which shall include federal customs duties, internal reve- ZONE I ZONE II ZONE III nue taxes, State excise taxes and cost of delivery to the wholesaler. No charge shall be made in addition thereto except where the manufacturer or Nassau St. Lawrence Genesee wholesaler lists in his schedule of wine prices to wholesalers the counties Suffolk Saratoga Niagara in which no charge for delivery will be made, in which event the actual Westchester Schenectady Orleans cost of delivery in all other counties shall be charged to the wholesalers in Orange Warren Livingston addition to the price set forth on the schedule. Putnam Sullivan Monroe (7) A price which shall conform to the same terms and conditions set Rockland Ulster Wayne forth in method number (6) above except exclusive of federal customs duties, internal revenue taxes and State excise taxes. (d) All multiple grocery store beer licenses throughout the State shall (8) A price which shall conform to the same terms and conditions set have a duration of three years, the first such period to commence July 1, forth in method number (6) above except exclusive of State excise taxes. 1976 and end on June 30, 1979. [(e)] (d) Wine prices to wholesalers may not be scheduled by any other (e) All single and multiple drug store beer licenses throughout the State method except with the approval of the Authority first obtained. shall have a duration of three years, the first such period to commence § 65.11 Breakage July 1, 1976 and end on June 30, 1979. (a) As part of its regular books and records, each manufacturer and (f) The following retail beer licenses, authorized by sections 53-a and wholesaler licensed to sell liquor or wine shall keep a monthly record of 55 of the Alcoholic Beverage Control Law, shall continue to have a dura- all allowances for breakage containing the name, address and license tion of one year commencing July 1 and ending June 30: number of the customer, the amount of breakage allowance, the date and number of the invoice of sale[, and the Federal strip stamp numbers of Eating place Club each broken bottle for which allowance is given]. Vendor Additional bar (b) No allowances for breakage shall be given unless the broken bottle is returned to the seller [and where the container is required to have a Vessel Fishing vessel Federal strip stamp affixed thereto, such stamp must be intact at the time Hotel of return]. Such broken bottles shall be kept available for inspection by representatives of the Liquor Authority, and may not be removed from the (g) [and] All ball park retail beer licenses, authorized by section 55-a of licensed premises or destroyed without permission from the Liquor the Alcoholic Beverage Control Law, shall [continue to] have a duration Authority for a period of at least thirty (30) days. of [one] three years [commencing April 1 and ending March 31]. § 97.1 (Duration of permits) Text of proposed rule and any required statements and analyses may be The duration of the following retail beer licenses, effective on and after obtained from: Paul Karamanol, Senior Attorney, State Liquor Authority, July 1, 1976, shall be as follows: 80 South Swan Street, Suite 900, Albany, NY 12210, (518) 474-3114, (a) Single grocery store beer licenses located in the following counties email: [email protected] shall be effective for one year commencing July 1, 1976 and shall expire on June 30, 1977. Thereafter, the term of such licenses shall be three years Data, views or arguments may be submitted to: Same as above. commencing July 1, 1977 and ending June 30, 1980, and every three years Public comment will be received until: 45 days after publication of this thereafter. notice. Consensus Rule Making Determination ZONE I ZONE II ZONE III This statement is being submitted pursuant to subparagraph (i) of paragraph (b) of subdivision (1) of section 202 of the State Administrative

7 Rule Making Activities NYS Register/April 27, 2016

Procedure Act and in support of the New York State Liquor Authority’s NOTICE OF ADOPTION (“Authority”) Notice of Proposed Rulemaking seeking to amend sections 65.4, 65.5, 65.11, and 97.1, as well as the repeal of sections 90.1 and 90.2 Rights of Patients of Title 9, Subtitle B, of the Official Compilation of Codes, Rules and Regulations of the State of New York (N.Y.C.R.R.) I.D. No. OMH-08-16-00003-A It is apparent from the nature and purpose of these proposed amend- Filing No. 369 ments that no person is likely to object to their adoption as written. Part Filing Date: 2016-04-12 65.4 sets forth requirements for posting prices of liquor and wine to retail- Effective Date: 2016-04-27 ers and the proposed change would rescind the archaic requirement that case prices exceed the bottle price multiplied by the number of bottles in a case by $1.92, thereby codifying current practices. Part 65.5 sets require- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ments for posting prices of liquor and wine to wholesalers and the cedure Act, NOTICE is hereby given of the following action: proposed change would rescind the archaic requirement that wholesalers Action taken: Amendment of section 527.8 of Title 14 NYCRR. establish to the satisfaction of the Authority that their bottle and case prices Statutory authority: Mental Hygiene Law, sections 7.07 and 7.09 are not higher than the lowest prices at which the brand will be sold to any Subject: Rights of Patients. wholesaler anywhere in any other state of the United States or in the Purpose: Make clear that conversion therapy is not a permissible form of District of Columbia, thereby codifying current practices. Part 65.11 sets treatment for minors in facilities under OMH's jurisdiction. forth recordkeeping requirements for broken alcoholic beverage contain- Text or summary was published in the February 24, 2016 issue of the ers in the chain of distribution (“breakage”) and the proposed change Register, I.D. No. OMH-08-16-00003-P. would rescind archaic references to Federal strip stamps which are no lon- Final rule as compared with last published rule: No changes. ger utilized. Part 97.1 sets forth durations for several retail beer licenses and the proposed change would lengthen the duration for ball park beer li- Text of rule and any required statements and analyses may be obtained censes from one to three years, thereby codifying current practices. Part from: Kim Breen, NYS Office of Mental Health, 44 Holland Avenue, 90.1 sets forth a ban on issuing permits for trafficking of alcoholic bever- Albany, NY 12229, (518) 474-1331, email: [email protected] age dividends and would be rescinded as an outdated practice which is no Initial Review of Rule longer relevant. Part 90.2 sets forth requirements that alcoholic beverage As a rule that does not require a RFA, RAFA or JIS, this rule will be dividends be shipped via a manufacturer or wholesaler licensed in New initially reviewed in the calendar year 2021, which is no later than the 5th York and would be rescinded as an outdated practice which is no longer year after the year in which this rule is being adopted. relevant. Assessment of Public Comment Consistent with the definition of “consensus rule” as set forth in section OMH received two letters of comment from the public in response to 102(11) of the State Administrative Procedure Act, the Authority has the Notice of Proposed Rule Making that is being promulgated to make determined that this proposal, which rescinds certain archaic price posting clear that conversion therapy is not a permissible form of treatment for requirements, outdated recordkeeping references, and codifies current minors in facilities under OMH’s jurisdiction. practices regarding length of ball park licenses, and rescinds archaic rules Comments and responses are as follows: regarding whiskey dividends, is non-controversial in nature and, therefore, Comment: Commenter supplied letter in support of proposed regulation. no person is likely to object to its adoption as written. Commenter also supports legislative action to prohibit physicians and mental health professionals from offering or providing services to change Job Impact Statement the sexual orientation of a minor. Commenter believes conversion therapy This statement is being submitted pursuant to subdivision (2) of section should be considered professional misconduct for physicians under New 201-a of the State Administrative Procedure Act and in support of the York Education Law Section 6530 and similar provisions should be New York State Liquor Authority’s (“Authority”) Notice of Proposed enacted for other mental health professionals. Rulemaking seeking to amend sections 65.4, 65.5, 65.11, and 97.1, as well Response: OMH appreciates the letter in support of the proposal. as the repeal of sections 90.1 and 90.2 of Title 9, Subtitle B, of the Official Comment: Commenter urges withdrawal of the proposed regulation Compilation of Codes, Rules and Regulations of the State of New York because commenter believes that the evidence does not sufficiently sup- (N.Y.C.R.R.). port the conclusion that conversion therapy harms minors. It is apparent from the nature and purpose of these proposed amend- Response: OMH does not agree with the commenter. OMH believes the ments that they have no impact on jobs or employment opportunities in justification provided in the Regulatory Impact Statement sufficiently supports the need for the rule. The rule will not be withdrawn. New York. These proposed amendments merely rescind certain archaic price posting requirements, outdated recordkeeping references, codify PROPOSED RULE MAKING current practices regarding length of ball park licenses, and rescind archaic rules regarding whiskey dividends. As a result, the Authority has NO HEARING(S) SCHEDULED determined that these proposed amendments will have no substantial adverse impact on any private or public sector jobs or employment op- Telepsychiatry Services portunities and a full Job Impact Statement is not warranted. I.D. No. OMH-17-16-00010-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Office of Mental Health cedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: Addition of Part 596; and repeal of section 599.17 of Title 14 NYCRR. NOTICE OF WITHDRAWAL Statutory authority: Mental Hygiene Law, sections 7.09 and 31.04 Subject: Telepsychiatry Services. Telepsychiatry Services Purpose: Establish basic standards to approve telepsychiatry in certain OMH-licensed programs; repeal unnecessary existing provisions. I.D. No. OMH-15-16-00001-W Text of proposed rule: Section 599.17 of Title 14 NYCRR is repealed. A new Part 596 is added to Title 14 NYCRR to read as follows: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Part 596 cedure Act, NOTICE is hereby given of the following action: TELEPSYCHIATRY SERVICES Action taken: Notice of proposed rule making, I.D. No. OMH-15-16- § 596.1 Background and intent. 00001-P, has been withdrawn from consideration. The notice of proposed (a) Telepsychiatry is defined as the use of two-way real-time interactive rule making was published in the State Register on April 13, 2016. audio and video equipment to provide and support mental health services at a distance. Such services do not include a telephone conversation, Subject: Telepsychiatry Services. electronic mail message or facsimile transmission between a clinic and a Reason(s) for withdrawal of the proposed rule: Minor modification of recipient, or a consultation between two professional or clinical staff. text. (b) Telepsychiatry can be beneficial to a mental health care delivery

8 NYS Register/April 27, 2016 Rule Making Activities system, particularly when on-site services are not available or would be (4) Licensed psychologist: a person currently licensed as a psycholo- delayed because of distance, location, time of day, or availability of gist by the New York State Education Department, or who possesses a resources. The benefits of telespsychiatry can include improved access to permit from the New York State Education Department and who possesses care, provision of care locally in a more timely fashion, improved continu- a doctoral degree in psychology, or an individual who has obtained at ity of care, improved treatment compliance, and coordination of care. least a master's degree in psychology who works in a federal, state, county (c) The Office of Mental Health supports the use of telepsychiatry as an or municipally operated clinic. appropriate component of the mental health delivery system to the extent (5) Marriage and family therapist: a person currently licensed as a that it is in the best interests of the person served and is performed in marriage and family therapist by the New York State Education Depart- compliance with applicable federal and state laws and regulations and the ment or who possesses a permit from the New York State Education provisions of this Part in order to address legitimate concerns about Department. privacy, security, patient safety, and interoperability. (6) Mental health counselor: a person currently licensed as a mental § 596.2 Legal base. health counselor by the New York State Education Department or who (a) Section 7.09 of the Mental Hygiene Law grants the Commissioner of possesses a permit from the New York State Education Department. Mental Health the power and responsibility to adopt regulations that are (7) Nurse practitioner: a person currently certified as a nurse practi- necessary and proper to implement matters under his or her jurisdiction. tioner by the New York State Education Department or who possesses a (b) Sections 31.02 and 31.04 of the Mental Hygiene Law authorize the permit from the New York State Education Department. Commissioner of Mental Health to set standards of quality and adequacy (8) Physician: a person currently licensed as a physician by the New of facilities, equipment, personnel, services, records and programs for the York State Education Department or who possesses a permit from the New rendition of services for persons diagnosed with mental illness, pursuant York State Education Department. to an operating certificate. (9) Physician assistant: a person currently registered as a physician § 596.3 Applicability. assistant by the New York State Education Department or who possesses a (a) The provisions of this Part shall apply to any provider licensed pur- permit from the New York State Education Department. suant to Article 31 of the Mental Hygiene Law who has been authorized by (10) Registered professional nurse: a person currently licensed as a the Office under this Part to include the use of telepsychiatry as a means registered professional nurse by the New York State Education Depart- ment or who possesses a permit from the New York State Education of rendering licensed services, provided, however, that telepsychiatry Department. shall not be utilized in Personalized Recovery Oriented Services (PROS) (11) Social worker: a person who is either currently licensed as a programs subject to Part 512 of this Title or Assertive Community Treat- licensed master social worker or as a licensed clinical social worker ment (ACT) programs approved pursuant to Part 551 of this Title. (LCSW) by the New York State Education Department, or who possesses a (b) The provisions of this Part do not apply to telehealth services subject permit from the New York State Education Department to practice and use to regulations of the Department of Health at 18 NYCRR Section 505.38, the title of either licensed master social worker or licensed clinical social provided, however, nothing in this Part shall be deemed to restrict the worker. ability of providers under the jurisdiction of the Office from contracting (j) Telecommunication system means an interactive telecommunication for telehealth services delivered in accordance with such regulations. system that is used to transmit data between the originating/ spoke and § 596.4 Definitions. For purposes of this Part: distant/hub sites. (a) Distant or “hub” site means the distant location at which the prac- (k) Telepsychiatry means the use of two-way real-time interactive audio titioner rendering the telepsychiatry service is located. and video to provide and support clinical psychiatric care at a distance. (b) Encounter means a telepsychiatry event involving patient contact, Such services do not include a telephone conversation, electronic mail whereby the care of the patient is the direct responsibility of both the message, or facsimile transmission between a provider and a patient or a originating (spoke site) provider and the distant (hub site) provider. consultation between two physicians or nurse practitioners, or other staff, (c) Encryption means a system of encoding data on a Web page or email although these activities may support telepsychiatry services. where the information can only be retrieved and decoded by the person or § 596.5 Approval to Utilize Telepsychiatry Services. computer system authorized to access it. (a) Telepsychiatry services may be authorized by the Office for assess- (d) Originating or “spoke” site means the site where the patient is ment and treatment services provided by physicians or nurse practitioners, physically located at the time mental health services are delivered to her/ as defined in Section 596.4 of this Part, from a site distant from the loca- him by means of telepsychiatry. tion of a patient, where the patient is physically located at an originating/ (e) Nurse practitioner in psychiatry means a person currently certified spoke site licensed by the Office, and the physician or nurse practitioner is as a nurse practitioner with an approved specialty area of psychiatry physically located at a distant/hub site. (NPP) by the New York State Education Department or who possesses a (b) A provider of services must obtain prior written approval of the Of- permit from the New York State Education Department. fice before utilizing telepsychiatry services. (f) Physician means a psychiatrist currently licensed to practice (c) Approval shall be based on receipt by the Office of the following: medicine in New York State who (i) is a diplomate of the American Board (1) Sufficient written demonstration that telepsychiatry will be used of Psychiatry and Neurology or is eligible to be certified by that Board, or for assessment and treatment services consistent with the provisions of (ii) is certified by the American Osteopathic Board of Neurology and Psy- this Part, and that the services are being requested because they are nec- chiatry or is eligible to be certified by that Board. essary to improve the quality of care of individuals receiving services; (g) Practitioner means a physician or nurse practitioner in psychiatry (2) Submission of a written plan to provide telepsychiatry services who is providing telepsychiatry services from a distant or hub site in ac- that satisfies the provisions of this Part and includes: cordance with the provisions of this Part. (i) confidentiality protections for persons who receive telepsychia- (h) Provider of services means a provider of mental health services try services, including measures to ensure the security of the electronic licensed pursuant to Article 31 of the Mental Hygiene Law. transmission; (i) Qualified mental health professional means a practitioner possess- (ii) informed consent of persons who receive telepsychiatric ser- ing a license or a permit from the New York State Education Department vices; who is qualified by credentials, training, and experience to provide direct (iii) procedures for handling emergencies with persons who services related to the treatment of mental illness and shall include physi- receive telepsychiatric services; and cians and nurse practitioner in psychiatry, as defined in subdivisions (e) (iv) contingency procedures to use when the delivery of telepsychi- and (f) of this Section, as well as the following: atric service is interrupted, or when the transmission of the two-way (1) Creative arts therapist: a person currently licensed as a creative interactions is deemed inadequate for the purpose of service provision. arts therapist by the New York State Education Department or who pos- (d) Requests for approval to offer telepsychiatry services shall be sesses a creative arts therapist permit from the New York State Education submitted to the Field Office serving the area in which the originating/ Department. spoke site is located. If both sites are licensed by the Office, then the (2) Licensed practical nurse: a person currently licensed as a request for approval shall be submitted by the originating site. Such Field licensed practical nurse by the New York State Education Department or Office may make an on-site visit to either or both sites prior to issuing who possesses a licensed practical nurse permit from the New York State approval. Education Department. (e) The Office shall provide its approval to utilize telepsychiatry ser- (3) Licensed psychoanalyst: a person currently licensed as a vices in writing. The provider of services must retain a copy of the ap- psychoanalyst by the New York State Education Department or who pos- proval document and shall make it available for inspection upon request sesses a permit from the New York State Education Department. of the Office.

9 Rule Making Activities NYS Register/April 27, 2016

(f) Failure to adhere to the requirements set forth in this Part may be including any delays in service, need to travel, or risks associated with not grounds for revocation of such approval. In the event that the Office having the services provided by telepsychiatry. determines that approval to utilize telepsychiatry services must be (i) The patient must be provided with basic information about revoked, it will notify the provider of services of its decision in writing. telepsychiatry and shall provide his or her informed consent to participate The provider of services may request an informal administrative review of in services utilizing this technology. such decision. (ii) For patients under age 18, such information shall be shared (1) The provider of services must request such review in writing with and informed consent obtained from the patient’s parent or guardian. within 15 days of the date it receives notice of revocation of approval to (iii) The patient has the right to refuse to participate in telepsychia- utilize telepsychiatry services to the Commissioner or designee. The try services, in which case evaluations must be conducted in-person by request shall state specific reasons why such provider considers the revo- appropriate clinicians. cation of approval incorrect and shall be accompanied by any supporting (iv) Telepsychiatry sessions shall not be recorded without the evidence or arguments. patient’s consent. (2) The Commissioner or designee shall notify the provider of ser- (2) Confidentiality: Protocols and procedures should be maintained vices, in writing, of the results of the informal administrative review within as required by Mental Hygiene Law Section 33.13 and the Health Insur- 20 days of receipt of the request for review. Failure of the Commissioner ance Portability and Accountability Act (HIPAA) at 45 CFR Parts 160 or designee to respond within that time shall be considered confirmation and 164. Such protocols shall ensure that all current confidentiality of the revocation of deemed status. requirements and protections that apply to written clinical records shall (3) The Commissioner’s determination after informal administrative apply to services delivered by telecommunications, including the actual review shall be final and not subject to further administrative review. transmission of the service, any recordings made during the time of trans- § 596.6 Requirements for Telepsychiatry Services. mission, and any other electronic records. (a) General requirements. (i) All confidentiality requirements that apply to written medical (1) The distant/ hub site practitioner must: records shall apply to services delivered by telecommunications, includ- (i) possess a current, valid license to practice in New York State; ing the actual transmission of the service, any recordings made during the (ii) directly render the telepsychiatry service; time of transmission, and any other electronic records. (ii) The spaces occupied by the patient at the originating/spoke (iii) abide by the laws and regulations of the State of New York site and the practitioner at the distant/hub site must meet the minimum including the New York State Mental Hygiene Law and any other law, standards for privacy expected for patient-clinician interaction at a single regulation, or policy that governs the assessment or treatment service be- Office of Mental Health licensed location. ing provided; and (3) Security of Electronic Transmission: All telepsychiatry services (iv) exercise the same standard of care as in-house delivered ser- must be performed on dedicated secure transmission linkages that meet vices; and minimum federal and state requirements, including but not limited to 45 (v) be enrolled in the Medicaid program. C.F.R. Parts 160 and 164 (HIPAA Security Rules), and which are consis- (2) The distant/hub practitioner and originating/spoke site provider tent with guidelines of the Office. Transmissions must employ acceptable of service must not be terminated, suspended, or barred from the Medicaid authentication and identification procedures by both the sender and the or Medicare program. receiver. (3) If the originating/spoke site is a hospital, the distant/hub practi- (4) Psychiatric emergencies: Protocols should exist to address psy- tioner must be credentialed and privileged by such hospital, consistent chiatric emergencies, which may override the right to confidentiality to with applicable accreditation standards. require the presence of others if, for instance, an individual receiving ser- (4) Telepsychiatry services must be rendered using an interactive vices is suicidal, homicidal, dissociated, or acutely psychotic during the telecommunication system. evaluation or treatment service. In general this individual should not be (5) A notation must be made in the clinical record that indicates that managed via telepsychiatry without qualified mental health professionals the service was provided via telepsychiatry and which specifies the time present at the originating/spoke site, unless there are no adequate alterna- the service was started and the time it ended. tives and immediate intervention is deemed essential for patient safety. All (6) Telepsychiatry services provided to patients under age 18 may telepsychiatry sites must have a written procedure detailing the avail- include staff that are qualified mental health professionals, as such term is ability of in-person assessments by a physician or nurse practitioner in an defined in this Part, in the room with the patient. Such determinations emergency situation. shall be clinically based, consistent with clinical guidelines issued by the (5) Prescribing medications via telepsychiatry: Procedures for Office. prescribing medications through telepsychiatry must be identified and (7) For the purposes of this Part, telepsychiatry services shall be must be in accordance with applicable New York State and federal considered face-to-face contacts when the service is delivered in accor- regulations. dance with the provisions of the plan approved by the Office pursuant to (6) Procedures for first evaluations for involuntary commitments: Section 596.5 of this Part. Under New York State law, physicians must conduct first evaluations for (8) Culturally competent interpreter services shall be provided in the involuntary commitments of individuals. If these evaluators want ad- patient’s preferred language when the patient and distant/hub practitio- ditional consultation before rendering their decision, they may obtain ners do not speak the same language. consultation from psychiatrists via telepsychiatry. The responsibility for (9) The practitioner providing telepsychiatry services at a distant/ signing the commitment papers remains with the physician who actually hub site shall be considered an active part of the patient’s treatment team conducted the evaluation of the individual at the facility, not the psychia- and shall be available for discussion of the case or for interviewing family trist who provided the telepsychiatric consultation. members and others, as the case may require. Such practitioner shall (7) Patient rights: Patient rights policies must ensure that each indi- prepare appropriate progress notes and securely forward them to the vidual receiving telepsychiatry services: originating/spoke provider as a condition of reimbursement. (i) is informed and made aware of the role of the practitioner at (10) Telepsychiatry services shall not be used: the distant/hub site, as well as qualified professional staff at the (i) for purposes of ordering medication over objection or restraint originating/spoke site who are going to be responsible for follow-up or or seclusion, as defined in section 526.4 of this Title; or on-going care; (ii) to satisfy any specific statutory examination, evaluation or as- (ii) is informed and made aware of the location of the distant/hub sessment requirement necessary for the involuntary removal from the com- site and all questions regarding the equipment, the technology, etc., are munity, or involuntary retention in a hospital pursuant to any of the provi- addressed; sions of Article 9 of the Mental Hygiene Law. Physicians conducting such (iii) has the right to have appropriately trained staff immediately examinations, evaluations or assessments may only utilize telepsychiatry available to him/her while receiving the telepsychiatry service to attend to on a consultative basis. emergencies or other needs; and (b) Protocols and Procedures. A provider of services approved to uti- (iv) has the right to be informed of all parties who will be present lize telepsychiatry services must have written protocols and procedures at each end of the telepsychiatry transmission. that address the following: (8) Quality of Care: All telepsychiatry sites shall have established (1) Informed Consent: Protocols must exist affording persons receiv- written quality of care protocols to ensure that the services meet the ing services the opportunity to provide informed consent to participate in requirements of New York state and federal laws and established patient any services utilizing telepsychiatry, including the right to refuse these care standards. A review of telepsychiatry services shall be included in services and to be apprised of the alternatives to telepsychiatry services, the provider’s quality management process.

10 NYS Register/April 27, 2016 Rule Making Activities

(9) Contingency Plan: All telepsychiatry sites must have a written Regulatory Impact Statement procedure detailing the contingency plan when there is a failure of the 1. Statutory Authority: Sections 7.09 and 31.04 of the Mental Hygiene transmission or other technical difficulties that render the service Law grant the Commissioner of Mental Health the authority and responsi- undeliverable. bility to adopt regulations that are necessary and proper to implement mat- (c) Guidelines of the Office. The Office shall develop guidelines to as- ters under his or her jurisdiction. sist providers in complying with the provisions of this Part and in achiev- 2. Legislative Objectives: Articles 7 and 31 of the Mental Hygiene Law ing treatment goals through the use of telepsychiatry. The Office shall reflect the Commissioner’s authority to establish regulations regarding post such guidelines on its public website. mental health programs. § 596.7 Reimbursement for Telepsychiatry Services. 3. Needs and Benefits: Technology has made it possible to increase ac- (a) The originating/spoke site where the patient is admitted is autho- cess to health care, including behavioral health care, by utilizing secure rized to bill Medicaid for telepsychiatry services. interactive communications. Telepsychiatry is the use of electronic com- (b) Under the Medicaid program, telepsychiatry services are covered munication and information technologies to provide or support clinical when medically necessary and under the following circumstances: psychiatric care at a distance. Telepsychiatry is appropriate in situations (1) the person receiving services is located at the originating/spoke where on-site services are not available due to distance, location, time of site and the practitioner is located at the distant/hub site; day, or availability of resources. The many advantages offered through (2) the originating/spoke site is the provider of services where the telepsychiatry have led to a rapid expansion of such programs across New person receiving services and referring physician are located; York State and the rest of the country. While clinical practice standards (3) the distant/hub site is the site where the practitioner is located; are developing along with this proliferation, OMH regulations currently (4) the person receiving services is present during the telepsychiatry address the use of telepsychiatry only in OMH licensed clinics. These encounter or consultation; amendments are intended to establish basic standards and parameters to (5) the physician/nurse practitioner is not conducting the telepsychia- approve the use of telepsychiatry by providers licensed pursuant to Article try encounter consultation at the originating/spoke site; 31 of the Mental Hygiene Law that choose to offer this services; however, (6) the request for telepsychiatry services and the rationale for the telepsychiatry shall not be utilized in Personalized Recovery Oriented Ser- request are documented in the individual's clinical record; vices (PROS) programs subject to Part 512 of this Title or Assertive Com- (7) the clinical record includes documentation that the telepsychiatry munity Treatment (ACT) programs approved pursuant to Part 551 of this Title. This regulatory proposal also serves to repeal the telepsychiatry pro- encounter or consultation occurred and that the results and findings were visions found in 14 NYCRR Section 599.17 because they will be unneces- communicated to the requesting provider of services; sary upon promulgation of these amendments. (8) the practitioner at the distant/hub site is: 4. Costs: Costs to implement telepsychiatry, in general, are significantly (i) licensed in New York State; offset by the cost savings that can result from its use, in terms of commut- (ii) practicing within his/her scope of specialty practice; ing time, cost of fuel, losses due to “no show” appointments, and number (iii) enrolled in New York Medicaid; of appointments that can be booked per day. Specifically: (iv) affiliated with the originating/spoke site facility; and (a) cost to State government: There are no new costs to State govern- (v) if the originating/spoke site is a hospital, credentialed and ment as a result of these amendments. privileged at the originating/spoke site facility. (b) cost to local government: There are no new costs to local govern- (c) If the person receiving services is not present during the provision ment as a result of these amendments. of the telepsychiatry service, the service is not eligible for Medicaid (c) cost to regulated parties: For providers that wish to offer these ser- reimbursement and remains the responsibility of the originating/spoke vices (which includes any provider licensed pursuant to Article 31 of the facility. Mental Hygiene Law with the exception of PROS and ACT program (d) The following interactions do not constitute reimbursable telepsy- providers), the minimum requirements for an Internet-based solution are chiatry services; approximately $120 for a Webcam and then a WebEx end user license. (1) telephone conversations; Software licensing cost can vary, depending on the number of users at a (2) video cell phone interactions; site. 5. Local Government Mandates: The provision of this service is not (3) e-mail messages. required. These regulatory amendments will not involve or result in any (e) The originating/spoke site may bill for administrative expenses only additional imposition of duties or responsibilities upon county, city, town, when a telepsychiatric connection is being provided and a physician or village, school, or fire districts. nurse practitioner is not present with the patient at the time of the 6. Paperwork: For providers that wish to provide this service, written encounter. plans must be submitted for approval by the Office. (f) Reimbursement for services provided via telepsychiatry must be in 7. Duplication: These regulatory amendments do not duplicate existing accordance with the rates and fees established by the Office and approved State or federal requirements. by the Director of the Budget. 8. Alternatives: OMH has been granting regulatory waivers in accor- (g) If all or part of a telepsychiatry service is undeliverable due to a dance with 14 NYCRR Part 501 to providers that have wished to provide failure of transmission or other technical difficulty, reimbursement shall telepsychiatry services. OMH could continue to grant such waivers on an not be provided. ad hoc basis; however, given the interest in, and advantages to, this ser- § 596.8 Contracts for the Provision of Telepsychiatry Services. vice, OMH wishes to advance these amendments to establish basic stan- (a) Nothing in this Part shall be deemed to prohibit a provider of ser- dards for the provision of telepsychiatry services to ensure quality and vices from providing assessment and treatment services, consistent with efficacy. applicable regulations of the Office, as a distant/hub site via telepsychiatry 9. Federal Standards: There are currently no federal standards specific pursuant to contract with an originating/spoke site provider that is not to the provision of in-state telepsychiatry. However, the regulatory amend- licensed or operated by the Office, but which is enrolled in the Medicaid ments conform to the minimum standards of the federal government with respect to the privacy and security of transmissions of protected health in- program. formation (45 C.F.R. Parts 160 and 164, or HIPAA). In addition, the (b) Although prior approval of the Office is not required before enter- regulatory amendments are consistent with the definition of “telemedicine” ing into such contracts, notice of such contracts or agreements shall be issued by the Centers for Medicare and Medicaid Services (42 U.S.C. provided by the distant/hub provider of services within 30 days after exe- §§ 1395m(m)(1), 42 C.F.R.§ 410.78(a)(3)). cution of such contract to the Field Office serving the area where such 10. Compliance Schedule: The amendments would be effective upon provider of services is located. adoption. (c) Reimbursement for telepsychiatry service shall be pursuant to such Regulatory Flexibility Analysis contracts and are not separately billable by the distant/hub site. The amendments to 14 NYCRR Part 596 are intended to establish basic (d) Providers of service shall not engage in distant/hub telepsychiatric standards and parameters to approve the use of telepsychiatry in certain services that violate the provisions of paragraph (10) of subdivision (a) of OMH-licensed programs that choose to offer this service. The provision Section 596.6 of this Part. of telepsychiatry services is not required, and the amendments themselves Text of proposed rule and any required statements and analyses may be do not create new local government mandates. As a result of this rule obtained from: Kim Breen, NYS Office of Mental Health, 44 Holland making, the regulations with respect to telepsychiatry will be located in a Avenue, Albany, NY 12229, (518) 474-1331, email: [email protected] new Part, specifically 14 NYCRR Part 596; therefore, the existing Data, views or arguments may be submitted to: Same as above. telepsychiatry provisions in 14 NYCRR Section 599.17 must be repealed Public comment will be received until: 45 days after publication of this to avoid confusion to providers of service. As there will be no adverse notice. economic impact on small businesses or local governments as a result of

11 Rule Making Activities NYS Register/April 27, 2016 these amendments, a regulatory flexibility analysis is not submitted with Text of proposed rule and any required statements and analyses may be this notice. obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Rural Area Flexibility Analysis Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New The amendments to 14 NYCRR Part 596 are intended to establish basic York 12223-1350, (518) 486-2655, email: [email protected] standards and parameters to approve the use of telepsychiatry in certain Data, views or arguments may be submitted to: Kathleen H. Burgess, OMH-licensed programs that choose to offer this service. The provision Secretary, Public Service Commission, 3 Empire State Plaza, Albany, of telepsychiatry services is not required. As a result of this rule making, New York 12223-1350, (518) 474-6530, email: [email protected] the regulations with respect to telepsychiatry will be located in a new Part, Public comment will be received until: 45 days after publication of this specifically 14 NYCRR Part 596; therefore, the existing telepsychiatry notice. provisions in 14 NYCRR Section 599.17 must be repealed to avoid confu- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural sion to providers of service. The proposed rule will not impose any adverse Area Flexibility Analysis and Job Impact Statement economic impact on rural areas; therefore, a Rural Area Flexibility Analy- Statements and analyses are not submitted with this notice because the sis is not submitted with this notice. proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. Job Impact Statement (16-E-0060SP1) The amendments to 14 NYCRR Part 596 are intended to establish basic standards and parameters to approve the use of telepsychiatry in certain PROPOSED RULE MAKING OMH-licensed programs that choose to offer this service. The provision of telepsychiatry services is not required. As a result of this rule making, HEARING(S) SCHEDULED the regulations with respect to telepsychiatry will be located in a new Part, Major Gas Rate Filing specifically 14 NYCRR Part 596; therefore, the existing telepsychiatry provisions in 14 NYCRR Section 599.17 must be repealed to avoid confu- I.D. No. PSC-17-16-00005-P sion to providers of service. Because it is evident from the subject matter that there will be no adverse impact on jobs and employment opportunities PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- as a result of these amendments, a Job Impact Statement is not submitted cedure Act, NOTICE is hereby given of the following proposed rule: with this notice. Proposed Action: The Commission is considering a proposal filed by The Brooklyn Union Gas Company d/b/a National Grid NY (KEDNY) to make various changes in the rates, charges, rules and regulations contained in its Schedule P.S.C. No. 12—Gas. Public Service Commission Statutory authority: Public Service Law, sections 5, 65 and 66 Subject: Major gas rate filing. PROPOSED RULE MAKING Purpose: To consider an increase in KEDNY's gas delivery revenues by approximately $290 million or 32%. HEARING(S) SCHEDULED Public hearing(s) will be held at: 10:00 a.m. (Evidentiary Hearing)*, June 27, 2016 and daily on succeeding business days as needed at Depart- Major Electric Rate Filing ment of Public Service, Agency Bldg. 3, 19th Fl. Boardroom, Albany, I.D. No. PSC-17-16-00004-P NY. *On occasion, there are requests to reschedule or postpone eviden- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- tiary hearing dates. If such a request is granted, notification of any cedure Act, NOTICE is hereby given of the following proposed rule: subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Cases 16-G-0058 and 16-G-0059. Proposed Action: The Commission is considering a proposal filed by Consolidated Edison Company of New York, Inc. (Con Edison) to make Interpreter Service: Interpreter services will be made available to hearing various changes in the rates, charges, rules and regulations contained in its impaired persons, at no charge, upon written request submitted within rea- Schedules P.S.C. Nos. 10 and 12 — Electricity. sonable time prior to the scheduled public hearing. The written request Statutory authority: Public Service Law, sections 5, 65 and 66 must be addressed to the agency representative designated in the paragraph below. Subject: Major electric rate filing. Accessibility: All public hearings have been scheduled at places reason- Purpose: To consider an increase in Con Edison's electric delivery ably accessible to persons with a mobility impairment. revenues of approximately $482 million or 9.5%. Substance of proposed rule: The Commission is considering a proposal Public hearing(s) will be held at: 10:00 a.m. (Evidentiary Hearing)*, July filed by The Brooklyn Union Gas Company d/b/a National Grid NY 20, 2016 and continuing daily as needed at Department of Public Service, (KEDNY) to increase its gas delivery revenues for the rate year ending 90 Church St., 4th Fl. Boardroom, New York, NY. December 31, 2017 by approximately $290 million (or 32%). KEDNY *On occasion, there are requests to reschedule or postpone eviden- also proposed a decrease to the Site Investigation and Remediation Sur- tiary hearing dates. If such a request is granted, notification of any charge of approximately $45 million and the net increase in revenues subsequent scheduling changes will be available at the DPS website results in a total annual bill increase of about $193 (26.7% on the delivery (www.dps.ny.gov) under Cases 16-E-0060 and 16-G-0061. bill or 16.4% on the total) for an average residential heating customer. The initial suspension period for the proposed filing runs through June 28, Interpreter Service: Interpreter services will be made available to hearing 2016. The Commission may adopt, reject or modify, in whole or in part, impaired persons, at no charge, upon written request submitted within rea- the relief proposed and may resolve related matters. sonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph Text of proposed rule and any required statements and analyses may be below. obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Accessibility: All public hearings have been scheduled at places reason- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New ably accessible to persons with a mobility impairment. York 12223-1350, (518) 486-2655, email: [email protected] Substance of proposed rule: The Commission is considering a proposal Data, views or arguments may be submitted to: Kathleen H. Burgess, filed by Consolidated Edison Company of New York, Inc. (Con Edison) Secretary, Public Service Commission, 3 Empire State Plaza, Albany, to increase its electric delivery revenues for the rate year ending December New York 12223-1350, (518) 474-6530, email: [email protected] 31, 2017 by approximately $482 million (or 9.5%) which includes customer credits of $117 million. Con Edison’s requested increase in Public comment will be received until: 45 days after publication of this delivery revenues results in an average residential monthly delivery bill notice. increase of $8.39 (10.2%), or a 6.0% increase on the total bill for a Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural customer using 600 kWh. The initial suspension period for the proposed Area Flexibility Analysis and Job Impact Statement filing runs through June 26, 2016. The Commission may adopt, reject or Statements and analyses are not submitted with this notice because the modify, in whole or in part, the relief proposed and may resolve related proposed rule is within the definition contained in section 102(2)(a)(ii) of matters. the State Administrative Procedure Act.

12 NYS Register/April 27, 2016 Rule Making Activities

(16-G-0059SP1) Subject: Major gas rate filing. Purpose: To consider an increase in KEDLI's gas delivery revenues by PROPOSED RULE MAKING approximately $175 million or 27%. HEARING(S) SCHEDULED Public hearing(s) will be held at: 10:00 a.m. (Evidentiary Hearing)*, June 27, 2016 and daily on succeeding business days as needed at Depart- Major Gas Rate Filing ment of Public Service, Agency Bldg. 3, 19th Fl. Boardroom, Albany, NY. I.D. No. PSC-17-16-00007-P *On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- subsequent scheduling changes will be available at the DPS website cedure Act, NOTICE is hereby given of the following proposed rule: (www.dps.ny.gov) under Cases 16-G-0058 and 16-G-0059. Proposed Action: The Commission is considering a proposal filed by Interpreter Service: Interpreter services will be made available to hearing Consolidated Edison Company of New York, Inc. (Con Edison) to make impaired persons, at no charge, upon written request submitted within rea- various changes in the rates, charges, rules and regulations contained in its sonable time prior to the scheduled public hearing. The written request Schedule P.S.C. No. 9—Gas. must be addressed to the agency representative designated in the paragraph Statutory authority: Public Service Law, sections 5, 65 and 66 below. Subject: Major gas rate filing. Accessibility: All public hearings have been scheduled at places reason- Purpose: To consider an increase in Con Edison's gas delivery revenues ably accessible to persons with a mobility impairment. of approximately $154 million or 13.4%. Substance of proposed rule: The Commission is considering a proposal Public hearing(s) will be held at: 10:00 a.m. (Evidentiary Hearing)*, July filed by KeySpan Gas East Corporation d/b/a Brooklyn Union of L.I. 20, 2016 and continuing daily as needed at Department of Public Service, (KEDLI) to increase its gas delivery revenues for the rate year ending 90 Church St., 4th Fl. Boardroom, New York, NY. December 31, 2017 by approximately $175 million (or 27%). KEDLI also proposed a decrease to the Site Investigation and Remediation Surcharge *On occasion, there are requests to reschedule or postpone eviden- of approximately $34 million and the net increase in revenues results in a tiary hearing dates. If such a request is granted, notification of any total annual bill increase of about $198 (20.0% on the delivery bill or subsequent scheduling changes will be available at the DPS website 15.5% on the total) for an average residential heating customer. The initial (www.dps.ny.gov) under Cases 16-E-0060 and 16-G-0061. suspension period for the proposed filing runs through June 28, 2016. The Interpreter Service: Interpreter services will be made available to hearing Commission may adopt, reject or modify, in whole or in part, the relief impaired persons, at no charge, upon written request submitted within rea- proposed and may resolve related matters. sonable time prior to the scheduled public hearing. The written request Text of proposed rule and any required statements and analyses may be must be addressed to the agency representative designated in the paragraph obtained by filing a Document Request Form (F-96) located on our below. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Accessibility: All public hearings have been scheduled at places reason- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New ably accessible to persons with a mobility impairment. York 12223-1350, (518) 486-2655, email: [email protected] Substance of proposed rule: The Commission is considering a proposal Data, views or arguments may be submitted to: Kathleen H. Burgess, filed by Consolidated Edison Company of New York, Inc. (Con Edison) Secretary, Public Service Commission, 3 Empire State Plaza, Albany, to increase its gas delivery revenues for the rate year ending December 31, New York 12223-1350, (518) 474-6530, email: [email protected] 2017 by approximately $154 million (or 13.4%). Con Edison’s requested Public comment will be received until: 45 days after publication of this increase in gas delivery revenues results in an annual bill increase of about notice. $132 (11.5% on the delivery bill or 7.7% increase on the total bill) for a Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural typical residential heating customer. The initial suspension period for the Area Flexibility Analysis and Job Impact Statement proposed filing runs through June 26, 2016. The Commission may adopt, Statements and analyses are not submitted with this notice because the reject or modify, in whole or in part, the relief proposed and may resolve proposed rule is within the definition contained in section 102(2)(a)(ii) of related matters. the State Administrative Procedure Act. Text of proposed rule and any required statements and analyses may be (16-G-0058SP1) obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John PROPOSED RULE MAKING Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] NO HEARING(S) SCHEDULED Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Proposal to Revise General Rule 20 Standby Service New York 12223-1350, (518) 474-6530, email: [email protected] I.D. No. PSC-17-16-00006-P Public comment will be received until: 45 days after publication of this notice. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural cedure Act, NOTICE is hereby given of the following proposed rule: Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the Proposed Action: The Commission is considering a proposal filed by proposed rule is within the definition contained in section 102(2)(a)(ii) of Consolidated Edison Company of New York, Inc. to revise General Rule 20 Standby Service contained in its electric tariff schedules, P.S.C. Nos. the State Administrative Procedure Act. 10 and 12. (16-G-0061SP1) Statutory authority: Public Service Law, section 66(12) PROPOSED RULE MAKING Subject: Proposal to revise General Rule 20 Standby Service. HEARING(S) SCHEDULED Purpose: To consider proposed tariff revisions related to standby service multi-party offset under General Rule 20. Major Gas Rate Filing Substance of proposed rule: The Public Service Commission (Commis- sion) is considering proposed tariff revisions filed on April 4, 2016 by I.D. No. PSC-17-16-00008-P Consolidated Edison Company of New York, Inc. (Con Edison) to its electric tariff schedules, P.S.C. Nos. 10 and 12 (PASNY), regarding PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- standby service. Con Edison proposes to revise General Rule 20 Standby cedure Act, NOTICE is hereby given of the following proposed rule: Service to establish Multi-Party Offset provisions to allow a customer that owns or operates a private generating facility, sized over 2MW and con- Proposed Action: The Commission is considering a proposal filed by nected to the high-tension distribution system, to use the output of the KeySpan Gas East Corp. d/b/a Brooklyn Union of L.I. (KEDLI) to make generating facility to offset usage on its own account(s) and one or more various changes in the rates, charges, rules and regulations contained in its other customers’ accounts located in the same building. Con Edison Schedules P.S.C. Nos. 18 and 19 — Gas. proposes changes applicable to both the Single Party Offset and Multi- Statutory authority: Public Service Law, sections 5, 65 and 66 Party Offset to include: (1) that service must be taken under Service Clas-

13 Rule Making Activities NYS Register/April 27, 2016 sification No. 11 if the export of the generating facility exceeds the aggre- Assessment of Public Comment gate registered kWh usage on the Standby Service account; (2) that the The agency received no public comment. Standby Service accounts supplied by the output of the generating facility shall have no other source of generation located on the premises except as NOTICE OF ADOPTION permitted under General Rule 8.2 and shall not participate under Rider R– Net Metering for Customer Generators; and (3) the addition of tariff Referrals of Human Trafficking Victims from Established language to clarify that the Output Meter must be Commission-approved and if provided by Con Edison, the cost will be recovered as part of the Providers of Social or Legal Services Interconnection Charge. Con Edison proposes to revise Form G, its ap- I.D. No. TDA-03-16-00001-A plication for Standby Service to include the Multi-Party Offset option. Under its PASNY tariff, Con Edison proposes the same requirements Filing No. 365 established for Single Party Offset for Multi-Party Offset along with: (1) Filing Date: 2016-04-08 the responsibility for coordinating the interconnection and operation of the Effective Date: 2016-04-27 generating facility will be with New York Power Authority (NYPA); (2) the Output Meter must be furnished and installed at NYPA’s expense; (3) NYPA must arrange and maintain the communications service; and, (4) PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Con Edison will provide kW credits for the generator’s output but not cedure Act, NOTICE is hereby given of the following action: kWh credits. The proposed amendments have an effective date of July 21, Action taken: Amendment of sections 765.1 and 765.2(d)-(e); renumber- 2016. The Commission may adopt, modify, or reject, in whole or in part, ing of section 765.2(f)-(g) to 765.2(g)-(h); and addition of new section the relief proposed and may resolve related matters. 765.2(f) to Title 18 NYCRR. Text of proposed rule and any required statements and analyses may be Statutory authority: Social Services Law, sections 17(a)-(b), (i), 20(2)- obtained by filing a Document Request Form (F-96) located on our (3)(d) and 34(3)(f); L. 2015, ch. 368; L. 2011, ch. 24; L. 2007, ch. 74 website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Subject: Referrals of human trafficking victims from established provid- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New ers of social or legal services. York 12223-1350, (518) 486-2655, email: [email protected] Purpose: Conform State regulations to referral requirements of chapter Data, views or arguments may be submitted to: Kathleen H. Burgess, 368 of the Laws of 2015. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Text of final rule: Section 765.1 is amended to read as follows: New York 12223-1350, (518) 474-6530, email: [email protected] § 765.1 Scope. Public comment will be received until: 45 days after publication of this The provisions of this Part shall govern the process and protocols for notice. the Office of Temporary and Disability Assistance in assessing, and the social services districts in identifying, an individual as a State-confirmed Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural human trafficking victim in New York State. In conjunction with the Divi- Area Flexibility Analysis and Job Impact Statement sion of Criminal Justice Services and Part 6174 of Title 9 NYCRR, the Of- Statements and analyses are not submitted with this notice because the fice of Victim Services, and the Office for the Prevention of Domestic proposed rule is within the definition contained in section 102(2)(a)(ii) of Violence, this Part shall also include defining the participant parties, the the State Administrative Procedure Act. victim, the nature of the consultative role in the confirmation and appeal (16-E-0196SP1) processes, and the process for required notifications, referrals and assistance to the prescribed parties. § 765.2 Definitions. Subdivision (d) of § 765.2 is amended to read as follows: Office of Temporary and (d) The term subject of referral shall mean a human trafficking victim referred by a statutory referral source under section [483-CC(A)] 483- Disability Assistance cc(a) of the Social Services Law to the division and the office for assessment as a State-confirmed human trafficking victim. Subdivision (e) of § 765.2 is amended to read as follows: (e) The term statutory referral source shall mean either (i) the law NOTICE OF ADOPTION enforcement agency or district attorney's office, or (ii) an established provider of social or legal services designated by the office, the Office for Public Assistance (PA) Resources Exemption for Four-Year the Prevention of Domestic Violence, or the Office of Victim Services that, Accredited Post-Secondary Educational Institutions as soon as practicable after a first encounter with a person who reasonably I.D. No. TDA-45-15-00012-A appears to be a human trafficking victim, refers such human trafficking victim to the division and the office for assessment as a State-confirmed Filing No. 367 human trafficking victim. Provided however, in the case of an established Filing Date: 2016-04-08 provider of social or legal services, such established provider shall make Effective Date: 2016-04-27 such referral if the victim consents to seeking services pursuant to section 483-cc(a) of the Social Services Law. Subdivisions (f) and (g) of § 765.2 are re-lettered subdivisions (g) and PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (h), and a new subdivision (f) is added to § 765.2 to read as follows: cedure Act, NOTICE is hereby given of the following action: (f) The term established provider of social or legal services shall include Action taken: Amendment of section 352.23(b)(4) of Title 18 NYCRR. public agencies, county or municipal governments, or any subdivisions Statutory authority: Social Services Law, sections 17(a)-(b), (i), 20(2)- thereof; not-for-profit corporations, including charitable organizations (3)(d), 34(3)(f), 131(1) and 131-n; L. 2014, ch. 58, part J, section 5 incorporated, registered and in good standing with the charities bureau of the New York State Attorney General’s Office; faith-based organizations; Subject: Public Assistance (PA) resources exemption for four-year ac- and educational institutions. credited post-secondary educational institutions. (g) The term State-confirmed human trafficking victim shall mean a hu- Purpose: To update State regulation governing PA resources exemption, man trafficking victim referred by a statutory referral source who appears rendering it consistent with chapter 58 of the Laws of 2014. to meet the criteria for certification as a victim of a severe form of traffick- Text or summary was published in the November 10, 2015 issue of the ing in persons pursuant to the federal Trafficking Victims Protection Act Register, I.D. No. TDA-45-15-00012-P. set forth in section 7105 of 22 U.S.C. (United States Code Annotated, Final rule as compared with last published rule: No changes. Title 22, section 7105; Thomson West, West Headquarters, 610 Opper- man Drive, Eagan, MN 55123. Copies may be obtained from the Office of Text of rule and any required statements and analyses may be obtained Temporary and Disability Assistance, Public Information Office, 40 North from: Richard P. Rhodes, Jr., Associate Attorney, New York State Office Pearl Street, Albany, New York 12243-0001) or appears to be otherwise of Temporary and Disability Assistance, 40 North Pearl Street, 16C, eligible for any Federal, State, or local benefits and services, in the judg- Albany, NY 12243-0001, (518) 486-7503, email: ment of the division, in consultation with the office and statutory referral [email protected] source. Initial Review of Rule (h) The term case management provider shall mean [and] an entity As a rule that does not require a RFA, RAFA or JIS, this rule will be under contract with the office pursuant to section [483-BB(B)] 483-bb(b) initially reviewed in the calendar year 2021, which is no later than the 5th of the Social Services Law to provide services to certain State-confirmed year after the year in which this rule is being adopted. human trafficking victims.

14 NYS Register/April 27, 2016 Rule Making Activities

Final rule as compared with last published rule: Nonsubstantive changes The comment suggested revising the proposed regulatory text in 18 were made in section 765.2(e). NYCRR § 765.2(e) to align it with Social Services Law (SSL) § 483-cc(a) Text of rule and any required statements and analyses may be obtained to clarify that a human trafficking victim’s consent to seek services pursu- from: Richard P. Rhodes, Jr., New York State Office of Temporary and ant to SSL § 483-cc(a) is required in order for an established provider of Disability Assistance, 40 North Pearl Street 16C, Albany, NY 12243- social or legal services to refer the victim to the Division of Criminal 0001, (518) 486-7503, email: [email protected] Justice Services and OTDA as a State-confirmed human trafficking victim. Revised Regulatory Impact Statement OTDA agrees with this comment, and has revised the regulatory text to Changes made to the published rule do not necessitate revision of the include the clarifying reference. previously published RIS. In the new subdivision 18 NYCRR § 765.2(e), language was added to the regulatory text to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is required in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services (DCJS) and Office of Temporary and Disability Assistance as a State-confirmed human trafficking victim. This revision was made in response to public comments and merely clarifies that the human trafficking victim’s consent to seek services is required before an established provider of social or legal services refers the victim to the DCJS and OTDA as a State-confirmed human trafficking victim. The clarifying language added has no substantive effect on the content of the published RIS; consequently, a revised RIS is unnecessary. Revised Regulatory Flexibility Analysis Changes made to the published rule do not necessitate revision of the previously published RFASB&LG In the new subdivision 18 NYCRR § 765.2(e), language was added to the regulatory text to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is required in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services (DCJS) and Office of Temporary and Disability Assistance as a State-confirmed human trafficking victim. This revision was made in response to public comments and merely clarifies that the human trafficking victim’s consent to seek services is required before an established provider of social or legal services refers the victim to the DCJS and OTDA as a State-confirmed human trafficking victim. The clarifying language added has no substantive effect on the content of the published RFASB&LG consequently, a revised RFASB&LG is unnecessary. Revised Rural Area Flexibility Analysis Changes made to the published rule do not necessitate revision of the previously published RAFA. In the new subdivision 18 NYCRR § 765.2(e), language was added to the regulatory text to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is necessary in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services (DCJS) and Office of Temporary and Disability Assistance as a State-confirmed human trafficking victim. This revision was made in response to public comments and merely clarifies that the human trafficking victim’s consent to seek services is required before an established provider of social or legal services refers the victim to the DCJS and OTDA as a State-confirmed human trafficking victim. The clarifying language added has no substantive effect on the content of the published RAFA; consequently, a revised RAFA is unnecessary. Revised Job Impact Statement Changes made to the published rule do not necessitate revision of the previously published JIS. In the new subdivision 18 NYCRR § 765.2(e), language was added to the regulatory text to align it with Social Services Law (SSL) § 483-cc(a) to clarify that a human trafficking victim’s consent to seek services pursuant to SSL § 483-cc(a) is required in order for an established provider of social or legal services to refer the victim to the Division of Criminal Justice Services (DCJS) and Office of Temporary and Disability Assistance as a State-confirmed human trafficking victim. This revision was made in response to public comments and merely clarifies that the human trafficking victim’s consent to seek services is required before an established provider of social or legal services refers the victim to the DCJS and OTDA as a State-confirmed human trafficking victim. The clarifying language added has no substantive effect on the content of the published JIS; consequently, a revised JIS is unnecessary. Initial Review of Rule As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted. Assessment of Public Comment The Office of Temporary and Disability Assistance (OTDA) received one comment relative to the regulatory amendments. This comment has been reviewed and duly considered in this Assessment of Public Comments.

15 Rule Making Activities NYS Register/April 27, 2016

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Environmental Conservation, Department of ENV-11-16-00004-P...... Solid waste management regulations Suffolk County Water Authority Education Center, 260 Motor Pkwy., Hauppauge, NY— June 2, 2016, 1:00 p.m. Department of Environmental Conservation, 625 Broadway, Rm. 129A, Albany, NY—June 6, 2016, 1:00 p.m. RIT Inn and Conference Center, Henrietta Ballroom, 5257 Henrietta Rd., Rochester, NY—June 7, 2016, 1:00 p.m. ENV-17-16-00001-P...... Croton Gorge unique area Ossining Public Library, 53 Croton Ave., Os- sining, NY—May 18, 2016, 7:00 p.m. Financial Services, Department of DFS-17-16-00003-P ...... Plan of conversion by Commercial Travelers Department of Financial Services, One State Mutual Insurance Company St., 6th Fl., New York, NY—May 26, 2016, 10:30 a.m. Public Service Commission PSC-17-16-00004-P ...... Major electric rate filing Department of Public Service, 90 Church St., 4th Fl. Board Rm., New York, NY—July 20, 2016, 10:00 a.m., and continuing daily as needed (Evidentiary Hearing)* *On occasion there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Cases 16-E-0060 and 16-G-0061. PSC-17-16-00005-P ...... Major gas rate filing Department of Public Service, Agency Bldg. Three, 19th Fl. Board Rm., Albany, NY—June 27, 2016, 10:00 a.m., and daily on succeeding business days as needed (Evidentiary Hearing)* *On occasion there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Cases 16-G-0058 and 16-G-0059. PSC-17-16-00007-P ...... Major gas rate filing Department of Public Service, 90 Church St., 4th Fl. Board Rm., New York, NY—July 20, 2016, 10:00 a.m., and continuing daily as needed (Evidentiary Hearing)* *On occasion there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Cases 16-E-0060 and 16-G-0061. PSC-17-16-00008-P ...... Major gas rate filing Department of Public Service, Agency Bldg. Three, 19th Fl. Board Rm., Albany, NY—June 27, 2016, 10:00 a.m., and daily on succeeding business days as needed (Evidentiary Hearing)* *On occasion there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Cases 16-G-0058 and 16-G-0059.

16 NYS Register/April 27, 2016 Action Pending Index

ACTION PENDING INDEX

The action pending index is a list of all proposed rules which are in the action pending index, use the identification number to currently being considered for adoption. A proposed rule is locate the text of the original notice of proposed rule making. added to the index when the notice of proposed rule making is The identification number contains a code which identifies the first published in the Register. A proposed rule is removed from agency, the issue of the Register in which the notice was printed, the index when any of the following occur: (1) the proposal is the year in which the notice was printed and the notice's serial adopted as a permanent rule; (2) the proposal is rejected and number. The following diagram shows how to read identification withdrawn from consideration; or (3) the proposal's notice number codes. expires. Most notices expire in approximately 12 months if the agency Agency Issue Year Serial Action does not adopt or reject the proposal within that time. The code number published number Code expiration date is printed in the second column of the action pending index. Some notices, however, never expire. Those no- AAM 01 12 00001 P tices are identified by the word “exempt” in the second column. Actions pending for one year or more are preceded by an Action codes: P — proposed rule making; EP — emergency and asterisk(*). proposed rule making (expiration date refers to proposed rule); For additional information concerning any of the proposals listed RP — revised rule making

Agency I.D. No. Expires Subject Matter Purpose of Action

ADIRONDACK PARK AGENCY

APA-09-16-00005-P ...... 03/02/17 Access to Agency Records To conform Adirondack Park Agency rules to the Public Officers Law and rules promulgated by the Committee on Open Government

AGRICULTURE AND MARKETS, DEPARTMENT OF

AAM-28-15-00003-P ...... 07/14/16 Incorporate by reference in 1 NYCRR of the To incorporate by reference in 1 NYCRR the 2015 edition of National Institute of Standards 2015 edition of NIST Handbook 133 and Technology (‘‘NIST’’) Handbook 133

AAM-32-15-00001-P ...... 08/11/16 Petroleum products and delivery devices; To repeal requirements relating to petroleum exemption of maple syrup and honey devices and products, and to maple syrup and producers from food processing honey producers

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-49-15-00005-P ...... 12/08/16 Youth development program funding and To implement changes in the Executive Law implementation regarding youth development program funding and implementation

CFS-07-16-00012-P ...... 02/16/17 Eligibility of successor guardians for kinship To enact standards for the appointment and guardianship assistance payments approval of a successor guardian upon the death or incapacity of a relative guardian

CFS-07-16-00014-P ...... 02/16/17 Casework contacts for foster children To implement federal standards which require monthly face-to-face, in person casework contact with foster children

CIVIL SERVICE, DEPARTMENT OF

CVS-19-15-00005-P ...... 05/12/16 JurisdictionalClassification To classify a position in the non-competitive class

CVS-29-15-00008-P ...... 07/21/16 JurisdictionalClassification To classify positions in the non-competitive class

17 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF CVS-29-15-00010-P ...... 07/21/16 JurisdictionalClassification To delete positions from the exempt class

CVS-34-15-00006-P ...... 08/25/16 Jurisdictional Classification To classify a position in the exempt class

CVS-34-15-00007-P ...... 08/25/16 Jurisdictional Classification To classify a position in the exempt class and to classify a position in the non-competitive class

CVS-34-15-00008-P ...... 08/25/16 Jurisdictional Classification To delete positions from the non-competitive class

CVS-34-15-00009-P ...... 08/25/16 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-34-15-00010-P ...... 08/25/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-34-15-00011-P ...... 08/25/16 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-34-15-00012-P ...... 08/25/16 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-34-15-00013-P ...... 08/25/16 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-36-15-00001-P ...... 09/08/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-36-15-00002-P ...... 09/08/16 Jurisdictional Classification To classify positions in the exempt class

CVS-36-15-00003-P ...... 09/08/16 Jurisdictional Classification To classify positions in the exempt class

CVS-36-15-00004-P ...... 09/08/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-36-15-00005-P ...... 09/08/16 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-36-15-00006-P ...... 09/08/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-36-15-00007-P ...... 09/08/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-36-15-00008-P ...... 09/08/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-36-15-00009-P ...... 09/08/16 Jurisdictional Classification To classify positions in the exempt class

CVS-36-15-00010-P ...... 09/08/16 Jurisdictional Classification To classify positions in the exempt class

CVS-36-15-00011-P ...... 09/08/16 Jurisdictional Classification To classify positions in the non-competitive class

CVS-36-15-00012-P ...... 09/08/16 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-36-15-00013-P ...... 09/08/16 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

18 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF CVS-36-15-00014-P ...... 09/08/16 Jurisdictional Classification To delete a position from and classify positions in the non-competitive class

CVS-36-15-00015-P ...... 09/08/16 Jurisdictional Classification To delete positions/subheadings from and classify positions in the exempt class and delete positions from non-competitive class

CVS-36-15-00016-P ...... 09/08/16 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-36-15-00017-P ...... 09/08/16 Jurisdictional Classification To classify a position in the exempt class and to delete a position from the non-competitive class

CVS-36-15-00018-P ...... 09/08/16 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-44-15-00004-P ...... 11/03/16 Jurisdictional Classification To classify a position in the exempt class

CVS-44-15-00005-P ...... 11/03/16 Jurisdictional Classification To classify positions in the non-competitive class

CVS-44-15-00006-P ...... 11/03/16 Jurisdictional Classification To classify positions in the exempt class

CVS-44-15-00007-P ...... 11/03/16 Jurisdictional Classification To classify positions in the exempt class

CVS-44-15-00008-P ...... 11/03/16 Jurisdictional Classification To classify positions in the non-competitive class

CVS-44-15-00009-P ...... 11/03/16 Jurisdictional Classification To classify positions in the exempt class

CVS-44-15-00010-P ...... 11/03/16 Jurisdictional Classification To classify positions in the non-competitive class

CVS-44-15-00011-P ...... 11/03/16 Jurisdictional Classification To delete a position from and classify positions in the exempt class

CVS-44-15-00012-P ...... 11/03/16 Jurisdictional Classification To classify a subheading and positions in the non-competitive class

CVS-44-15-00013-P ...... 11/03/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-44-15-00014-P ...... 11/03/16 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-44-15-00015-P ...... 11/03/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-44-15-00016-P ...... 11/03/16 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-44-15-00017-P ...... 11/03/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-44-15-00018-P ...... 11/03/16 Jurisdictional Classification To classify positions in the exempt class and to classify a position from the non-competitive class

CVS-45-15-00003-P ...... 11/09/16 Jurisdictional Classification To classify positions in the exempt class

19 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF CVS-45-15-00004-P ...... 11/09/16 Jurisdictional Classification To classify a position in the exempt class

CVS-45-15-00005-P ...... 11/09/16 Jurisdictional Classification To classify a position in the exempt class

CVS-45-15-00006-P ...... 11/09/16 Jurisdictional Classification To classify a position in the non-competitive class

CVS-45-15-00007-P ...... 11/09/16 Jurisdictional Classification To classify positions in the non-competitive class

CVS-51-15-00002-P ...... 12/22/16 JurisdictionalClassification To classify a position in the non-competitive class

CVS-51-15-00003-P ...... 12/22/16 JurisdictionalClassification To classify a position in the exempt class

CVS-02-16-00003-P ...... 01/12/17 Jurisdictional Classification To classify a position in the exempt class

CVS-02-16-00004-P ...... 01/12/17 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-02-16-00005-P ...... 01/12/17 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-02-16-00006-P ...... 01/12/17 Jurisdictional Classification To delete positions from the non-competitive class

CVS-07-16-00005-P ...... 02/16/17 JurisdictionalClassification To delete positions from and classify positions in the exempt class

CVS-07-16-00006-P ...... 02/16/17 JurisdictionalClassification To classify a position in the exempt class

CVS-07-16-00007-P ...... 02/16/17 JurisdictionalClassification To classify a position in the non-competitive class

CVS-07-16-00008-P ...... 02/16/17 JurisdictionalClassification To classify a position in the non-competitive class

CVS-07-16-00009-P ...... 02/16/17 JurisdictionalClassification To classify a position in the exempt class

CVS-07-16-00010-P ...... 02/16/17 JurisdictionalClassification To delete a position from and to classify a position in the non-competitive class

CVS-11-16-00001-P ...... 03/16/17 JurisdictionalClassification To delete positions from and classify positions in the exempt and non-competitive classes

CVS-11-16-00002-P ...... 03/16/17 JurisdictionalClassification To classify a position in the exempt class

CVS-11-16-00003-P ...... 03/16/17 JurisdictionalClassification To classify positions in the non-competitive class

CVS-14-16-00005-P ...... 04/06/17 Supplemental military leave benefits To extend the availability of supplemental military leave benefits for certain New York State employees until December 31, 2016

CVS-15-16-00004-P ...... 04/13/17 JurisdictionalClassification To classify a position in the exempt class

CVS-15-16-00005-P ...... 04/13/17 JurisdictionalClassification To delete positions from and classify positions in the non-competitive class

20 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF CVS-15-16-00006-P ...... 04/13/17 JurisdictionalClassification To classify a position in the exempt class

CVS-15-16-00007-P ...... 04/13/17 JurisdictionalClassification To delete positions from and classify positions in the exempt and non-competitive classes

CVS-15-16-00008-P ...... 04/13/17 JurisdictionalClassification To classify a position in the non-competitive class

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

CCS-35-15-00018-P ...... 09/01/16 Applicability of Title and Definitions Update the Department name and add new definitions

CRIMINAL JUSTICE SERVICES, DIVISION OF

CJS-03-16-00002-P ...... 01/19/17 Victims of Human Trafficking To conform to the ‘‘Trafficking Victims Protection and Justice Act,’’ as added by Chapter 368 of the Laws of 2015

CJS-09-16-00002-P ...... 03/02/17 Central Registry of Police Officers and Peace To consolidate the police officer and peace Officers officer registries; and to clarify the reporting requirements

EDUCATION DEPARTMENT

EDU-27-15-00008-ERP ...... 07/07/16 School receivership To implement Education Law section 211-f, as added by Part EE, Subpart H of Ch. 56 of the Laws of 2015

EDU-45-15-00014-RP ...... 11/30/16 Preschool special education programs and To enact requirements relating to appointment of services 1:1 aide by Committee on Special Education (CSE); Special Education Itinerant Services (SEIS); related services; and standards for approved preschool providers

EDU-52-15-00017-ERP ...... 12/29/16 AnnualProfessional Performance Reviews To implement the recommendations of the New (APPR) of classroom teachers and building York Common Core Task Force Report by principals establishing transition ratings for teachers and building principals during a four-year transition period for APPRs

EDU-04-16-00003-RP ...... 01/26/17 NewYorkState Seal of Biliteracy To establish requirements for students to earn a State Seal of Biliteracy.

EDU-04-16-00004-P ...... 02/25/17 Procedures for State-level review of impartial To revise the procedures for appealing impartial hearing officer determinations regarding hearing officer decisions to a State review services for students with disabilities. officer.

EDU-05-16-00003-EP ...... 02/02/17 Examinations for Teacher Certification To provide a safety net for candidates who take and fail Part Two: Mathematics of the new Multi- Subject: Secondary Teachers Grades 7-12 Content Specialty Test (CST) which is required for Students with Disabilities, Grades 7-12, Generalist Teacher Cert.

21 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

EDUCATION DEPARTMENT EDU-06-16-00004-P ...... 02/09/17 School counseling, certification requirements To implement policy enacted by the Board of for school counselors and the school counselor Regents to enhance existing public school program registration requirements. district guidance programs to require comprehensive developmental counseling programs for all students in grades prekindergarten through 12 by certified school counselors

EDU-10-16-00006-P ...... 03/09/17 New York State High School Equivalency To establish the National External Diploma Diploma Program (NEDP) as a pathway to earn a NYS High School Equivalency Diploma

EDU-10-16-00015-P ...... 03/09/17 Citizenship requirements for professional To authorize the granting of licenses to licensure and certification in teaching and individuals in the Title VIII professions and the educational leadership service certification of teachers and educational leaders to otherwise qualified aliens who are not unlawfully present in the U.S.

EDU-10-16-00017-EP ...... 03/09/17 Execution by registered professional nurses of Authorize administration of other tests to non-patient specific orders to administer detect/screen for tuberculosis in addition to tuberculosis tests purified protein derivative (PPD) tests

EDU-10-16-00018-P ...... 03/09/17 Dental Anesthesia Certification Requirements To conform regulations to the current practice of for Licensed Dentists dental anesthesia administration

EDU-14-16-00002-EP ...... 04/06/17 Career development and occupational studies To establish a Career Development and (CDOS) graduation pathway option Occupational Studies (CDOS) graduation pathway option

EDU-14-16-00003-EP ...... 04/06/17 Appeals process on Regents exams passing To expand by two additional points the eligible score score band for the appeal process on Regents examinations passing scores and to eliminate the minimum attendance eligibility requirements for such appeals

EDU-14-16-00004-EP ...... 04/06/17 Interest penalties for late annual assessment To conform regulations to reflect current fees paid by licensed private career schools practices

EDU-14-16-00009-EP ...... 04/06/17 Registration and continuing teacher and leader to implement Subpart C of Part EE of chapter education requirements 56 of the Laws of 2015 by establishing registration for all Permanent, Professional and Teaching Assistant Level III certificate holders

ELECTIONS, STATE BOARD OF

SBE-10-16-00003-P ...... 03/09/17 Disclosure of Independent Expenditures To conform 9 NYCRR 6200.10 to reflect amendment to Election Law 14-107 made by Chapter 56 of the Laws of 2015

SBE-17-16-00009-P ...... 04/27/17 Routine testing of voting systems To provide for testing of voting machines not less than once per year

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

ENV-19-15-00010-P ...... 05/12/16 Fishertrapping seasons and bag limits and Revise existing fisher seasons, establish a new general trapping regulations for furbearers season in central/western NY, update and clarify general trapping regulations

ENV-23-15-00008-RP ...... 07/28/16 Environmental Remediation - Brownfield To amend the Environmental Remediation Cleanup Program Program regulations that pertain to the Brownfield Cleanup Program

22 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF ENV-24-15-00013-P ...... 06/16/16 Rulemaking to implement ECL 17-0826-a To implement the reporting, notification and record keeping requirements of ECL 17-0826-a

ENV-34-15-00028-P ...... 08/25/16 Qualifications for License Issuing Agents and To remove regulatory requirements that exclude Wildlife Rehabilitators individuals with felonies from obtaining certain licenses and authorizations

ENV-45-15-00028-P ...... 11/09/16 Science-based State sea-level rise projections To establish a common source of sea-level rise projections for consideration in relevant programs and decision-making

ENV-50-15-00002-P ...... 12/15/16 The management of black sea bass Redefine the term trip limit to allow two fishers aboard a single vessel to possess and land the trip limit for black sea bass

ENV-50-15-00003-P ...... 12/15/16 Atlantic Ocean surfclam management To amend surfclam regulations to provide consistency with management measures of the Fishery Management Plan

ENV-50-15-00010-P ...... 12/15/16 Aquatic Invasive Species Spread Prevention To require that ‘‘reasonable precautions’’ are taken prior to placing watercraft into public waters to prevent the spread of AIS

ENV-51-15-00004-P ...... 02/10/17 Distributed generation (DG) sources that feed Establish emission limits for distributed the distribution grid or produce electricity for generation sources use at host facilities or both

ENV-51-15-00005-P ...... 12/22/16 Bigboreairrifles To allow big bore air rifles as legal implements for hunting big game

ENV-52-15-00010-P ...... 12/29/16 Procedures for modifying or extinguishing a Establish standards for the DEC to follow when conservation easement held by the NYS DEC modifying or extinguishing a CE and provide for a formal public review process

ENV-11-16-00004-P ...... 06/07/17 Solid Waste Management Regulations Amend the rules that implement the solid waste program in New York State to incorporate changes in law and technology

ENV-17-16-00001-P ...... 05/18/17 CrotonGorgeUniqueArea Toprotectpublicsafety and natural resources on the Croton Gorge Unique Area

FINANCIAL SERVICES, DEPARTMENT OF

DFS-18-15-00009-P ...... 05/05/16 Title Insurance Rates, Expenses and Charges To insure proper, non-excessive rates, compliance with Ins. Law 6409(d), and reasonable charges for ancillary services

DFS-50-15-00004-P ...... 12/15/16 Regulating Transaction Monitoring and Filtering To improve efficiency and transparency in the Systems maintained by banks, check cashers mortgage banker and mortgage broker licensing and money transmitters process

DFS-03-16-00003-EP ...... 01/19/17 Standard financial aid award information sheet Provides guidance to institutions of higher for institutions of higher education education for the implementation of a financial aid award information sheet

DFS-08-16-00002-P ...... 02/23/17 Minimum Standards for Form, Content and To prohibit a health insurance policy or contract Sale of Health Insurance, Including Standards from providing coverage for conversion therapy of Full and Fair Disclosure to insureds under the age of 18

DFS-17-16-00003-P ...... exempt Plan of Conversion by Commercial Travelers To convert a mutual accident and health Mutual Insurance Company insurance company to a stock accident and health insurance company

23 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

GAMING COMMISSION, NEW YORK STATE

SGC-39-15-00005-P ...... 09/29/16 Thoroughbred restricted time periods for To enhance the integrity and safety of various drugs thoroughbred horse racing

SGC-39-15-00006-P ...... 09/29/16 Reimbursement of awards for capital Clarify when VLG agent must reimburse State improvement projects at video lottery gaming upon divestment of a capital improvement for (‘‘VLG’’) facilities which capital award was received

SGC-07-16-00001-P ...... 02/16/17 Theuseofcellulartelephonesandelectronic To allow cellular telephones and other communication devices in the paddock communication devices in designated areas of a harness race track paddock

SGC-07-16-00011-P ...... 02/16/17 Thoroughbred pick-four, pick-five and pick-six To standardize and improve the pick-four, pick- wagers five and pick-six wagers in thoroughbred racing

SGC-12-16-00002-P ...... 03/23/17 Problem gambling awareness and training and To promote best responsible gaming practices to establish a process for gaming facility and establish a process for gaming facility patron self-exclusion patron self exclusion

SGC-12-16-00009-P ...... 03/23/17 Consequences for Commission licensees, To further enforce the age restriction laws for agents, and other regulated parties who violate gambling by imposing fines, suspensions and/or prohibition on underage wagering license revocation

GENERAL SERVICES, OFFICE OF

GNS-07-16-00013-P ...... 02/16/17 Outdoor lighting standards To provide lighting standards that will help state agencies comply with Public Buildings Law section 143

HEALTH, DEPARTMENT OF

*HLT-14-94-00006-P ...... exempt Payment methodology for HIV/AIDS outpatient To expand the current payment to incorporate services pricing for services

*HLT-08-15-00003-RP ...... 05/25/16 Supplementary Reports of Certain Congenital To increase maximum age of reporting certain Anomalies for Epidemiological Surveillance; birth defects to the Congenital Malformations Filing Registry

HLT-30-15-00005-P ...... 07/28/16 Practice of radiologic technology To update regulations related to the practice of radiologic technology

HLT-30-15-00007-P ...... 07/28/16 Reciprocal Emergency Medical Technician To replace the emergency medical technician- Certification Requirements intermediate category with the advanced emergency medical technician category

HLT-30-15-00008-P ...... 07/28/16 Controlled Substances for EMS Agency Agent To amend the regulations regarding the EMS and Requirements for an Advanced Life Agency Agent and the Requirements for an Support System Advanced Life Support System

HLT-30-15-00009-P ...... 07/28/16 Requirements for Manufacturers and To clarify and use language consistent with Distributors Regarding Controlled Substances current terminology used by the State Board of Pharmacy

HLT-39-15-00015-P ...... 09/29/16 Women Infants and Children (WIC) Program To align NYS WIC Program operations with Vendor Applicant Enrollment Criteria current federal requirements by amending the existing vendor enrollment criteria

HLT-43-15-00003-RP ...... 10/27/16 Immediate Need for Personal Care Services To implement 2015 State law changes regarding (PCS) and Consumer Directed Personal Medicaid applicants and recipients with Assistance (CDPA) immediate needs for PCS or CDPA

24 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF HLT-46-15-00006-P ...... 01/10/17 Early Intervention Program To conform existing program regulations to federal regulations and state statute

HLT-47-15-00003-P ...... 11/24/16 Sexually Transmitted Diseases (STDs) Control of Sexually Transmitted Diseases (STDs); Expedited Partner Therapy for Chlamydia Trachomatis Infection

HLT-51-15-00008-P ...... 12/22/16 Children’s Camps To include camps for children with developmental disabilities as a type of facility within the oversight of the Justice Center

HLT-06-16-00001-P ...... 02/09/17 Home Care Agencies to Obtain Written Medical Amend the clinical records rules for CHHAs & Orders from Physicians LHCSAs with regard to obtaining signed physician orders

HLT-06-16-00002-P ...... 02/09/17 Perinatal Services To update the Breastfeeding Mother's Bill of Rights to conform with recommended standards of care

HLT-06-16-00005-P ...... 02/09/17 Hospice Operational Rules To implement hospice expansion

HLT-06-16-00017-P ...... 02/09/17 Extended Mammography Hours for General Requires those general hospitals and hospital Hospitals and Hospital Extension Clinics extension clinics that offer mammography services to have extended hours

HLT-15-16-00016-P ...... 04/13/17 ZikaAction Plan; Performance Standards. To require local health departments to develop a Zika Action Plan as a condition of State Aid

HLT-16-16-00002-P ...... 04/20/17 NYS Medical Indemnity Fund To provide additional guidance and clarity to the Fund's requirements and operations

HLT-16-16-00007-P ...... 04/20/17 Protection Against Legionella To protect the public from the immediate threat posed by Legionella

HUMAN RIGHTS, DIVISION OF

HRT-10-16-00019-P ...... 03/09/17 Discrimination based on relationship or To clarify it is unlawful to discriminate because association of relationship or association with members of a protected class

JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS

JCP-28-15-00008-EP ...... 07/14/16 Protocols for interviewing service recipients To enhance protections for people with special during investigations of abuse or neglect needs during investigations of abuse or neglect

LABOR, DEPARTMENT OF

LAB-21-15-00009-RP ...... 05/26/16 Methods of Payment of Wages This regulation provides clarification and specification as to the permissible methods of payment, including payroll debit cards

LAB-03-16-00009-P ...... 01/19/17 Employer Imposed Limitations on the Inquiry, This regulation sets forth standards for Discussion, and Disclosure of Wages limitations on inquiry, discussion, or the disclosure of wages amongst employees

25 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

LAW, DEPARTMENT OF

LAW-47-15-00007-ERP ...... 11/24/16 Clarification of Protections for Senior and To clarify the Martin Act’s non-purchasing Disabled Tenants During Condominium or tenant protections for eligible senior citizens and Cooperative Ownership Conversions eligible disabled persons

LIQUOR AUTHORITY, STATE

LQR-02-16-00002-P ...... 01/12/17 Update outdated Freedom of Information Law To update Authority procedures and ensure procedures utilized by Authority compliance with Freedom of information Law requirements under Pub. Off. Law., art. 6

LQR-06-16-00003-P ...... 02/09/17 Alcohol Training and Awareness Program To enact statutorily required Alcohol Training (ATAP) application processes and program and Awareness Program (ATAP) application requirements processes and program requirements

LQR-17-16-00002-P ...... 04/27/17 Updated price posting rules, license durations, To update price posting rules, license durations, and recordkeeping requirements, and recordkeeping, and joint advertising rules for rescinding of whiskey dividend rules certain license types

LONG ISLAND POWER AUTHORITY

*LPA-08-01-00003-P ...... exempt Pole attachments and related matters To approve revisions to the authority's tariff

*LPA-41-02-00005-P ...... exempt Tariff for electric service To revise the tariff for electric service

*LPA-04-06-00007-P ...... exempt Tariff for electric service To adopt provisions of a ratepayer protection plan

*LPA-03-10-00004-P ...... exempt Residential late payment charges To extend the application of late payment charges to residential customers

LPA-02-16-00014-P ...... exempt Dynamic load management programs including To establish dynamic load management direct load control, peak shaving, and programs consistent with tariff revisions contingency load relief approved by the PSC for the regulated utilities

LPA-02-16-00015-P ...... exempt Community distributed generation net metering, To authorize community distributed generation remote net metering, and size limits for fuel net metering and to modify provisions for remote cells net metering and fuel cells

MENTAL HEALTH, OFFICE OF

OMH-10-16-00005-P ...... 03/09/17 Directors of Mental Hygiene Facilities as Implement provisions of Mental Hygiene Law Representative Payees Section 33.07(e) regarding the management and protection of patient funds

OMH-17-16-00010-P ...... 04/27/17 Telepsychiatry Services Establish basic standards to approve telepsychiatry in certain OMH-licensed programs; repeal unnecessary existing provisions

MOTOR VEHICLES, DEPARTMENT OF

MTV-13-16-00004-P ...... 03/30/17 Suffolk County motor vehicle use tax To increase the Suffolk County motor vehicle use tax

MTV-15-16-00009-P ...... 04/13/17 Enforcement of off premise sales regulation To provide for enforcement of off premise sales regulation

26 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

NIAGARA FALLS WATER BOARD

*NFW-04-13-00004-EP ...... exempt Adoption of Rates, Fees and Charges To pay for the increased costs necessary to operate, maintain and manage the system, and to achieve covenants with bondholders

*NFW-13-14-00006-EP ...... exempt Adoption of Rates, Fees and Charges To pay for increased costs necessary to operate, maintain and manage the system and to achieve covenants with the bondholders

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF

PKR-04-16-00001-P ...... 01/26/17 Replaces outdated regional hunting regulations Better enable regions to manage hunting through with a statewide regulation establishing a permit conditions rather than regional regulations framework for regional hunting permits

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-48-15-00003-P ...... 12/01/16 Agency Name Change and Terminology To update the agency name and other Updates terminology in the Title 14 NYCRR Part 600 series

PDD-11-16-00005-EP ...... 03/16/17 Conforming Changes Related to Chapter 106 To make changes to regulations to conform to of the Laws of 2015 recent statutory changes set forth in Chapter 106 of the Laws of 2015

PDD-12-16-00001-P ...... 03/23/17 Pathway to Employment Changes To make changes to requirements for the delivery and reimbursement of the Pathway to Employment service

PDD-15-16-00002-P ...... 04/13/17 SiteBasedPrevocational Services Certification To apply existing physical plant and certification and Physical Plant Requirements requirements in OPWDD regulations to site based prevocational services

PDD-16-16-00001-P ...... 04/20/17 Cost Report Submission and Penalty Changes To amend requirements for submission of cost reports and penalties for failure to submit cost reports to OPWDD

POWER AUTHORITY OF THE STATE OF NEW YORK

*PAS-01-10-00010-P ...... exempt Rates for the sale of power and energy Update ECSB Programs customers' service tariffs to streamline them/include additional required information

PUBLIC SERVICE COMMISSION

*PSC-28-97-00032-P ...... exempt General service by Central Hudson Gas & To limit certain special provisions Electric Corporation

*PSC-34-97-00009-P ...... exempt Collection agency fees by Consolidated Edison To pass collection agency fees on to the Company of New York, Inc. customer

*PSC-04-98-00015-P ...... exempt Interconnection service overcharges by Niagara To consider a complaint by Azure Mountain Mohawk Power Corporation Power Co.

*PSC-19-98-00008-P ...... exempt Call forwarding by CPU Industries Inc./MKL To rehear the petition Net,etal.

*PSC-02-99-00006-EP ...... exempt Intralata freeze plan by New York Telephone To approve the plan Company

27 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-09-99-00012-P ...... exempt Transfer of books and records by Citizens To relocate Ogden Telephone Company's books Utilities Company and records out-of-state

*PSC-15-99-00011-P ...... exempt Electronic tariff by Woodcliff Park Corp. To replace the company's current tariff with an electronic tariff

*PSC-50-99-00009-P ...... exempt Retail access uniform business practices by To approve a joint petition requesting a waiver The Brooklyn Union Gas Company and extension of a requirement set forth in the KeySpan Gas East Corporation d/b/a commission's order Brooklyn Union of Long Island

*PSC-52-99-00006-P ...... exempt Wide area rate center calling To implement number conservation measures

*PSC-12-00-00001-P ...... exempt Winter bundled sales service election date by To revise the date Central Hudson Gas & Electric Corporation

*PSC-14-00-00004-EP ...... exempt NXX code in the 716 NPA by Broadview To assign an NXX code in Buffalo Networks

*PSC-14-00-00026-P ...... exempt Interconnection agreement between New York To review the terms and conditions of the Telephone Company d/b/a Bell Atlantic-New negotiated agreement York and Media Log, Inc.

*PSC-14-00-00027-P ...... exempt Interconnection agreement between New York To review the terms and conditions of the Telephone Company d/b/a Bell Atlantic-New negotiated agreement York and Pilgrim Telephone, Inc.

*PSC-14-00-00029-P ...... exempt Interconnection agreement between New York To review the terms and conditions of the Telephone Company d/b/a Bell Atlantic-New negotiated agreement York and CoreComm New York, Inc.

*PSC-16-00-00012-P ...... exempt Termination of local telecommunications traffic To determine appropriate compensation levels by Hyperion Communications of New York, Inc.

*PSC-21-00-00007-P ...... exempt Initial tariff schedule by Drew Road Association To set forth the rates, charges, rules and regulations

*PSC-31-00-00026-P ...... exempt Water service by Windover Water Works To abandon the water system

*PSC-33-00-00010-P ...... exempt Electric rate and restructuring plan by To evaluate possible modifications Rochester Gas and Electric Corporation

*PSC-36-00-00039-P ...... exempt Steam increase by Consolidated Edison To provide for an annual increase in the first Company of New York, Inc. year of a proposed four-year rate plan

*PSC-37-00-00001-EP ...... exempt Interruptible gas customers To ensure customers have an adequate supply of alternative fuel available

*PSC-39-00-00004-P ...... exempt Blockable central office codes by PaeTec To review the commission's requirements for Communications, Inc. assignment of numbering resources

*PSC-44-00-00014-P ...... exempt Recovery of costs through adjustment To permit the recovery of certain costs mechanisms by Consolidated Edison Company of New York, Inc.

*PSC-49-00-00007-P ...... exempt Gas sales and purchases by Corning Natural To determine whether certain gas sales and Gas Corporation purchases were in the public interest and whether customers should bear the resulting costs

28 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-01-01-00023-P ...... exempt Installation, maintenance and ownership of To update and clarify the provisions service laterals by Rochester Gas and Electric Corporation

*PSC-06-01-00009-P ...... exempt Uniform system of accounts by Rochester Gas To defer an item of expense beyond the end of and Electric Corporation the year in which it was incurred

*PSC-13-01-00001-P ...... exempt Request for accounting authorization by To defer an item of expense beyond the end of Rochester Gas and Electric Corporation the year in which it was incurred

*PSC-13-01-00002-P ...... exempt Request for accounting authorization by To defer an item of expense beyond the end of Rochester Gas and Electric Corporation the year in which it was incurred

*PSC-13-01-00003-P ...... exempt Request for accounting authorization by To defer an item of expense beyond the end of Rochester Gas and Electric Corporation the year in which it was incurred

*PSC-15-01-00012-P ...... exempt Transfer of a controlling leasehold interest by To approve the transfer Huntley Power LLC

*PSC-22-01-00006-P ...... exempt Con Edison's phase 4 plan for retail access by To review the request for rehearing AES Energy, Inc.

*PSC-26-01-00012-P ...... exempt Interconnection of networks between Sprint To review the terms and conditions of the PCS and Verizon New York Inc. negotiated agreement

*PSC-36-01-00010-P ...... exempt Competitive metering by eBidenergy.com To clarify meter ownership rules and requirements

*PSC-44-01-00005-P ...... exempt Annual reconciliation of gas costs by Corning To authorize the company to include certain gas Natural Gas Corporation costs

*PSC-01-02-00007-P ...... exempt Accounting and rate treatment of proceeds by To consider proceeds from sale of nuclear Consolidated Edison Company of New York, generating facilities Inc.

*PSC-05-02-00005-P ...... exempt Uniform system of accounts by Consolidated To defer expenditures incurred in connection Edison Company of New York, Inc. with emergency response services affected by the World Trade Center disaster

*PSC-06-02-00015-P ...... exempt Network reliability performance mechanism by To earn rewards for meeting the targets of the Consolidated Edison Company of New York, network reliability performance mechanism Inc.

*PSC-07-02-00032-P ...... exempt Uniform business practices To consider modification

*PSC-29-02-00014-P ...... exempt Financing by Valley Energy, Inc. To issue a note and allocate costs

*PSC-49-02-00021-P ...... exempt Requests for lightened regulation by PSEG To consider the company's request Power Bellport, LLC

*PSC-08-03-00009-P ...... exempt Provision of gas service to World Kitchen To establish terms and conditions Incorporated

*PSC-09-03-00012-P ...... exempt Incremental service line installations by New To revise the current flat rate per foot charged York State Electric & Gas Corporation

*PSC-09-03-00014-P ...... exempt Deferral accounting by Consolidated Edison To defer expense items beyond the end of the Company of New York, Inc. and Orange and year(s) in which they were incurred Rockland Utilities, Inc.

29 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-11-03-00012-P ...... exempt Economic development plan by New York To consider the plan State Electric & Gas Corporation

*PSC-18-03-00004-P ...... exempt Lightened regulation by East Hampton Power To provide for lightened regulation and grant and Light Corporation (EHPLC) financing approval

*PSC-22-03-00020-P ...... exempt Inter-departmental gas pricing by Consolidated To revise the method used in steam and steam- Edison Company of New York, Inc. electric generating stations

*PSC-32-03-00020-P ...... exempt Issuance of debt and approval of surcharge by To approve necessary financing Rainbow Water Company

*PSC-34-03-00019-P ...... exempt Issuance of securities by KeySpan East To obtain authorization to issue securities Corporation d/b/a KeySpan Energy Delivery Long Island

*PSC-35-03-00009-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and MCIMetro Access Transmission Services LLC

*PSC-36-03-00010-P ...... exempt Performance assurance plan by Verizon New To consider changes York

*PSC-39-03-00013-P ...... exempt Complaint by State University of New York To consider the complaint (SUNY) regarding a NYSEG operating agreement

*PSC-40-03-00015-P ...... exempt Receipt of payment of bills by St. Lawrence To revise the process Gas Company

*PSC-41-03-00008-P ...... exempt Lightened regulation by Sterling Power To consider granting lightened regulation Partners, L.P.

*PSC-41-03-00010-P ...... exempt Annual reconciliation of gas expenses and gas To consider filings of various LDCs and cost recoveries municipalities

*PSC-41-03-00011-P ...... exempt Annual reconciliation of gas expenses and gas To consider filings of various LDCs and cost recoveries municipalities

*PSC-42-03-00005-P ...... exempt Interest rate by the Bath Electric, Gas, and To use an alternate interest rate Water Systems

*PSC-43-03-00036-P ...... exempt Merchant function backout credit and transition To continue the credit and account until May 31, balancing account by KeySpan Gas East 2005 Corporation

*PSC-43-03-00037-P ...... exempt Merchant function backout credit and transition To continue the credit and account until May 31, balancing account by The Brooklyn Union Gas 2005 Company

*PSC-44-03-00009-P ...... exempt Retail access data between jurisdictional To accommodate changes in retail access utilities market structure or commission mandates

*PSC-47-03-00024-P ...... exempt Lightened regulation and financing approval by To consider the requests Medford Energy LLC

*PSC-02-04-00008-P ...... exempt Delivery rates for Con Edison's customers in To rehear the Nov. 25, 2003 order New York City and Westchester County by the City of New York

30 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-06-04-00009-P ...... exempt Transfer of ownership interest by SCS Energy To transfer interest in Steinway Creek Electric LLC and AE Investors LLC Generating Company LLC to AE Investors LLC

*PSC-10-04-00005-P ...... exempt Temporary protective order To consider adopting a protective order

*PSC-10-04-00008-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and VIC-RMTS-DC, L.L.C. d/b/a Verizon Avenue

*PSC-14-04-00008-P ...... exempt Submetering of natural gas service to industrial To submeter gas service to commercial and commercial customers by Hamburg customers located at the Buffalo Speedway Fairgrounds

*PSC-15-04-00022-P ...... exempt Submetering of electricity by Glenn Gardens To permit submetering at 175 W. 87th St., New Associates, L.P. York, NY

*PSC-21-04-00013-P ...... exempt Verizon performance assurance plan by To clarify the appropriate performance level Metropolitan Telecommunications

*PSC-22-04-00010-P ...... exempt Approval of new types of electricity meters by To permit the use of the PE-1250 electronic Powell Power Electric Company meter

*PSC-22-04-00013-P ...... exempt Major gas rate increase by Consolidated To increase annual gas revenues Edison Company of New York, Inc.

*PSC-22-04-00016-P ...... exempt Master metering of water by South Liberty To waive the requirement for installation of Corporation separate water meters

*PSC-25-04-00012-P ...... exempt Interconnection agreement between Frontier To amend the agreement Communications of Ausable Valley, Inc., et al. and Sprint Communications Company, L.P.

*PSC-27-04-00008-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and various Verizon wireless affiliates

*PSC-27-04-00009-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and various Verizon wireless affiliates

*PSC-28-04-00006-P ...... exempt Approval of loans by Dunkirk & Fredonia To authorize participation in the parent Telephone Company and Cassadaga corporation's line of credit Telephone Corporation

*PSC-31-04-00023-P ...... exempt Distributed generation service by Consolidated To provide an application form Edison Company of New York, Inc.

*PSC-34-04-00031-P ...... exempt Flat rate residential service by Emerald Green To set appropriate level of permanent rates Lake Louise Marie Water Company, Inc.

*PSC-35-04-00017-P ...... exempt Application form for distributed generation by To establish a new supplementary application Orange and Rockland Utilities, Inc. form for customers

*PSC-43-04-00016-P ...... exempt Accounts recievable by Rochester Gas and To include in its tariff provisions for the Electric Corporation purchase of ESCO accounts recievable

*PSC-46-04-00012-P ...... exempt Service application form by Consolidated To revise the form and make housekeeping Edison Company of New York, Inc. changes

*PSC-46-04-00013-P ...... exempt Rules and guidelines governing installation of To establish uniform statewide business metering equipment practices

31 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-02-05-00006-P ...... exempt Violation of the July 22, 2004 order by To consider imposing remedial actions against Dutchess Estates Water Company, Inc. the company and its owners, officers and directors

*PSC-09-05-00009-P ...... exempt Submetering of natural gas service by Hamlet To consider submetering of natural gas to a on Olde Oyster Bay commercial customer

*PSC-14-05-00006-P ...... exempt Request for deferred accounting authorization To defer expenses beyond the end of the fiscal by Freeport Electric Inc. year

*PSC-18-05-00009-P ...... exempt Marketer Assignment Program by Consolidated To implement the program Edison Company of New York, Inc.

*PSC-20-05-00028-P ...... exempt Delivery point aggregation fee by Allied Frozen To review the calculation of the fee Storage, Inc.

*PSC-25-05-00011-P ...... exempt Metering, balancing and cashout provisions by To establish provisions for gas customers taking Central Hudson Gas & Electric Corporation service under Service Classification Nos. 8, 9 and 11

*PSC-27-05-00018-P ...... exempt Annual reconciliation of gas costs by New York To consider the manner in which the gas cost State Electric & Gas Corporation incentive mechanism has been applied

*PSC-41-05-00013-P ...... exempt Annual reconciliation of gas expenses and gas To consider the filings cost recoveries by local distribution companies and municipalities

*PSC-45-05-00011-P ...... exempt Treatment of lost and unaccounted gas costs To defer certain costs by Corning Natural Gas Corporation

*PSC-46-05-00015-P ...... exempt Sale of real and personal property by the To consider the sale Brooklyn Union Gas Company d/b/a KeySpan Energy Delivery New York and Steel Arrow, LLC

*PSC-47-05-00009-P ...... exempt Transferral of gas supplies by Corning Natural To approve the transfer Gas Corporation

*PSC-50-05-00008-P ...... exempt Long-term debt by Saratoga Glen Hollow To obtain long-term debt Water Supply Corp.

*PSC-04-06-00024-P ...... exempt Transfer of ownership interests by Mirant NY- To approve of the transfer Gen LLC and Orange and Rockland Utilities, Inc.

*PSC-06-06-00015-P ...... exempt Gas curtailment policies and procedures To examine the manner and extent to which gas curtailment policies and procedures should be modified and/or established

*PSC-07-06-00009-P ...... exempt Modification of the current Environmental To include an attributes accounting system Disclosure Program

*PSC-22-06-00019-P ...... exempt Hourly pricing by National Grid To assess the impacts

*PSC-22-06-00020-P ...... exempt Hourly pricing by New York State Electric & To assess the impacts Gas Corporation

*PSC-22-06-00021-P ...... exempt Hourly pricing by Rochester Gas & Electric To assess the impacts Corporation

32 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-22-06-00022-P ...... exempt Hourly pricing by Consolidated Edison To assess the impacts Company of New York, Inc.

*PSC-22-06-00023-P ...... exempt Hourly pricing by Orange and Rockland To assess the impacts Utilities, Inc.

*PSC-24-06-00005-EP ...... exempt Supplemental home energy assistance benefits To extend the deadline to Central Hudson's low- income customers

*PSC-25-06-00017-P ...... exempt Purchased power adjustment by Massena To revise the method of calculating the Electric Department purchased power adjustment and update the factor of adjustment

*PSC-34-06-00009-P ...... exempt Inter-carrier telephone service quality To incorporate appropriate modifications standards and metrics by the Carrier Working Group

*PSC-37-06-00015-P ...... exempt Procedures for estimation of customer bills by To consider estimation procedures Rochester Gas and Electric Corporation

*PSC-37-06-00017-P ...... exempt Procedures for estimation of customer bills by To consider estimation procedures Rochester Gas and Electric Corporation

*PSC-39-06-00018-P ...... exempt Order establishing rate plan by Central Hudson To consider the petitions for rehearing Gas & Electric Corporation and the Consumer Protection Board

*PSC-39-06-00019-P ...... exempt Investigation of Richard M. Osborne by Corning To determine the interests, plans and Natural Gas Corporation commitments that will be in place if he is successful in blocking the merger of Corning Gas and C&T Enterprises

*PSC-39-06-00022-P ...... exempt Uniform business practices and related matters To establish a contest period by U.S. Energy Savings Corporation

*PSC-40-06-00005-P ...... exempt Orion Integral automatic meter reading To permit gas utilities in NYS to use the Badger transmitter by New York State Electric and Meter Incorporated Orion Integral transmitters Gas Corporation

*PSC-42-06-00011-P ...... exempt Submetering of electricity by 225 5th LLC To submeter electricity at 255 Fifth Ave., New York, NY

*PSC-43-06-00014-P ...... exempt Electric delivery services by Strategic Power To determine the proper mechanism for the Management, Inc. rate-recovery of costs

*PSC-44-06-00014-P ...... exempt Electric power outages in Northwest Queens To review the terms and conditions of the by Consolidated Edison Company of New agreement York, Inc.

*PSC-45-06-00007-P ...... exempt Alleged failure to provide electricity by Robert To assess validity of allegations and Andrews appropriateness of fines

*PSC-01-07-00031-P ...... exempt Enforcement mechanisms by National Fuel Gas To modify enforcement mechanisms Distribution Corporation

*PSC-04-07-00012-P ...... exempt Petition for rehearing by Orange and Rockland To clarify the order Utilities, Inc.

*PSC-06-07-00015-P ...... exempt Meter reading and billing practices by Central To continue current meter reading and billing Hudson Gas & Electric Corporation practices for electric service

33 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-06-07-00020-P ...... exempt Meter reading and billing practices by Central To continue current meter reading and billing Hudson Gas & Electric Corporation practices for gas service

*PSC-11-07-00010-P ...... exempt Investigation of the electric power outages by To implement the recommendations in the staff's the Consolidated Edison Company of New investigation York, Inc.

*PSC-11-07-00011-P ...... exempt Storm-related power outages by Consolidated To modify the company's response to power Edison Company of New York, Inc. outages, the timing for any such changes and other related matters

*PSC-17-07-00008-P ...... exempt Interconnection agreement between Verizon To amend the agreement New York Inc. and BridgeCom International, Inc.

*PSC-18-07-00010-P ...... exempt Existing electric generating stations by To repower and upgrade existing electric Independent Power Producers of New York, generating stations owned by Rochester Gas Inc. and Electric Corporation

*PSC-20-07-00016-P ...... exempt Tariff revisions and making rates permanent by To seek rehearing New York State Electric & Gas Corporation

*PSC-21-07-00007-P ...... exempt Natural Gas Supply and Acquisition Plan by To revise the rates, charges, rules and Corning Natural Gas Corporation regulations for gas service

*PSC-22-07-00015-P ...... exempt Demand Side Management Program by To recover incremental program costs and lost Consolidated Edison Company of New York, revenue Inc.

*PSC-23-07-00022-P ...... exempt Supplier, transportation, balancing and To explicitly state in the company's tariff that aggregation service by National Fuel Gas the threshold level of elective upstream Distribution Corporation transmission capacity is a maximum of 112,600 Dth/day of marketer-provided upstream capacity

*PSC-24-07-00012-P ...... exempt Gas Efficiency Program by the City of New To consider rehearing a decision establishing a York Gas Efficiency Program

*PSC-39-07-00017-P ...... exempt Gas bill issuance charge by New York State To create a gas bill issuance charge unbundled Electric & Gas Corporation from delivery rates

*PSC-41-07-00009-P ...... exempt Submetering of electricity rehearing To seek reversal

*PSC-42-07-00012-P ...... exempt Energy efficiency program by Orange and To consider any energy efficiency program for Rockland Utilities, Inc. Orange and Rockland Utilities, Inc.'s electric service

*PSC-42-07-00013-P ...... exempt Revenue decoupling by Orange and Rockland To consider a revenue decoupling mechanism Utilities, Inc. for Orange and Rockland Utilities, Inc.

*PSC-45-07-00005-P ...... exempt Customer incentive programs by Orange and To establish a tariff provision Rockland Utilities, Inc.

*PSC-02-08-00006-P ...... exempt Additional central office codes in the 315 area To consider options for making additional codes code region

*PSC-03-08-00006-P ...... exempt Rehearing of the accounting determinations To grant or deny a petition for rehearing of the accounting determinations

*PSC-04-08-00010-P ...... exempt Granting of easement rights on utility property To grant easement rights to Millennium Pipeline by Central Hudson Gas & Electric Corporation Company, L.L.C.

34 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-04-08-00012-P ...... exempt Marketing practices of energy service To consider modifying the commission's companies by the Consumer Protection Board regulation over marketing practices of energy and New York City Department of Consumer service companies Affairs

*PSC-08-08-00016-P ...... exempt Transfer of ownership by Entergy Nuclear To consider the transfer Fitzpatrick LLC, et al.

*PSC-12-08-00019-P ...... exempt Extend the provisions of the existing electric To consider the request rate plan by Rochester Gas and Electric Corporation

*PSC-12-08-00021-P ...... exempt Extend the provisions of the existing gas rate To consider the request plan by Rochester Gas and Electric Corporation

*PSC-13-08-00011-P ...... exempt Waiver of commission policy and NYSEG tariff To grant or deny Turner's petition by Turner Engineering, PC

*PSC-13-08-00012-P ...... exempt Voltage drops by New York State Electric & To grant or deny the petition Gas Corporation

*PSC-23-08-00008-P ...... exempt Petition requesting rehearing and clarification of To consider whether to grant or deny, in whole the commission's April 25, 2008 order denying or in part, the May 7, 2008 Public Utility Law petition of public utility law project Project (PULP) petition for rehearing and clarification of the commission's April 25, 2008 order denying petition of Public Utility Law Project

*PSC-23-08-00009-P ...... exempt The transfer of certain real property with an To consider the filing for the transfer of certain original cost under $100,000 in the Town of real property in the Town of Throop Throop

*PSC-25-08-00007-P ...... exempt Policies and procedures regarding the selection To establish policies and procedures regarding of regulatory proposals to meet reliability the selection of regulatory proposals to meet needs reliability needs

*PSC-25-08-00008-P ...... exempt Report on Callable Load Opportunities Rider U report assessing callable load opportunities in New York City and Westchester County during the next 10 years

*PSC-28-08-00004-P ...... exempt Con Edison's procedure for providing To consider Con Edison's implementation plan customers access to their account information and timetable for providing customers access to their account information

*PSC-31-08-00025-P ...... exempt Recovery of reasonable DRS costs from the To authorize recovery of the DRS costs from the cost mitigation reserve (CMR) CMR

*PSC-32-08-00009-P ...... exempt The ESCO referral program for KEDNY to be To approve, reject or modify, in whole or in part, implemented by October 1, 2008 KEDNY's recommended ESCO referral program

*PSC-33-08-00008-P ...... exempt Noble Allegany's request for lightened To consider Noble Allegany's request for regulation lightened regulation as an electric corporation

*PSC-36-08-00019-P ...... exempt Land Transfer in the Borough of Manhattan, To consider petition for transfer of real property New York to NYPH

*PSC-39-08-00010-P ...... exempt RG&E's economic development plan and tariffs Consideration of the approval of RG&E's economic development plan and tariffs

35 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-40-08-00010-P ...... exempt Loans from regulated company to its parent To determine if the cash management program resulting in loans to the parent should be approved

*PSC-41-08-00009-P ...... exempt Transfer of control of cable TV franchise To determine if the transfer of control of Margaretville's cable TV subsidiary should be approved

*PSC-43-08-00014-P ...... exempt Annual Reconcilliation of Gas Expenses and The filings of various LDCs and municipalities Gas Cost Recoveries regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries

*PSC-46-08-00008-P ...... exempt Property transfer in the Village of Avon, New To consider a petition for the transfer of street York lighting and attached equipment to the Village of Avon, New York

*PSC-46-08-00010-P ...... exempt A transfer of indirect ownership interests in Consideration of approval of a transfer of nuclear generation facilities indirect ownership interests in nuclear generation facilities

*PSC-46-08-00014-P ...... exempt The attachment of cellular antennae to an To approve, reject or modify the request for electric transmission tower permission to attach cellular antennae to an electric transmission tower

*PSC-48-08-00005-P ...... exempt A National Grid high efficiency gas heating To expand eligibility to customers converting equipment rebate program from oil to natural gas

*PSC-48-08-00008-P ...... exempt Petition for the master metering and To consider the request of Bay City Metering, to submetering of electricity master meter & submeter electricity at 345 E. 81st St., New York, New York

*PSC-48-08-00009-P ...... exempt Petition for the submetering of electricity To consider the request of PCV/ST to submeter electricity at Peter Cooper Village & Stuyvesant Town, New York, New York

*PSC-50-08-00018-P ...... exempt Market Supply Charge A study on the implementation of a revised Market Supply Charge

*PSC-51-08-00006-P ...... exempt Commission's October 27, 2008 Order on To consider a Petition for rehearing of the Future of Retail Access Programs in Case Commission's October 27, 2008 Order in Case 07-M-0458 07-M-0458

*PSC-51-08-00007-P ...... exempt Commission's October 27, 2008 Order in To consider Petitions for rehearing of the Cases 98-M-1343, 07-M-1514 and Commission's October 27, 2008 Order in Cases 08-G-0078 98-M-1343, 07-M-1514 and 08-G-0078

*PSC-53-08-00011-P ...... exempt Use of deferred Rural Telephone Bank funds To determine if the purchase of a softswitch by Hancock is an appropriate use of deferred Rural Telephone Bank funds

*PSC-53-08-00012-P ...... exempt Transfer of permanent and temporary Transfer of permanent and temporary easements at 549-555 North Little Tor Road, easements at 549-555 North Little Tor Road, New City, NY New City, NY

*PSC-53-08-00013-P ...... exempt To transfer common stock and ownership To consider transfer of common stock and ownership

*PSC-01-09-00015-P ...... exempt FCC decision to redefine service area of Review and consider FCC proposed redefinition Citizens/Frontier of Citizens/Frontier service area

36 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-02-09-00010-P ...... exempt Competitive classification of independent local To determine if Chazy & Westport Telephone exchange company, and regulatory relief Corporation more appropriately belongs in appropriate thereto scenario 1 rather than scenario 2

*PSC-05-09-00008-P ...... exempt Revenue allocation, rate design, performance To consider any remaining non-revenue metrics, and other non-revenue requirement requirement issues related to the Company's issues May 9, 2008 tariff filing

*PSC-05-09-00009-P ...... exempt Numerous decisions involving the steam To consider the long term impacts on steam system including cost allocation, energy rates and on public policy of various options efficiency and capital projects concerning the steam system

*PSC-06-09-00007-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Frontier Comm. and WVT Communications for negotiated agreement between Frontier Comm. local exchange service and exchange access and WVT Comm.

*PSC-07-09-00015-P ...... exempt Transfer certain utility assets located in the To consider the request to transfer certain utility Town of Montgomery from plant held for future assets located in the Town of Montgomery to use to non-utility property non-utility assets

*PSC-07-09-00017-P ...... exempt Request for authorization to defer the To allow the company to defer the incremental incremental costs incurred in the restoration costs incurred in the restoration work resulting work resulting from the ice storm from the ice storm

*PSC-07-09-00018-P ...... exempt Whether to permit the submetering of natural To consider the request of Cooper Union, to gas service to an industrial and commercial submeter natural gas at 41 Cooper Square, New customer at Cooper Union, New York, NY York, New York

*PSC-12-09-00010-P ...... exempt Charges for commodity To charge customers for commodity costs

*PSC-12-09-00012-P ...... exempt Charges for commodity To charge customers for commodity costs

*PSC-13-09-00008-P ...... exempt Options for making additional central office To consider options for making additional central codes available in the 718/347 numbering plan office codes available in the 718/347 numbering area plan area

*PSC-14-09-00014-P ...... exempt The regulation of revenue requirements for To determine whether the regulation of revenue municipal utilities by the Public Service requirements for municipal utilities should be Commission modified

*PSC-16-09-00010-P ...... exempt Petition for the submetering of electricity To consider the request of AMPS on behalf of Park Imperial to submeter electricity at 230 W. 56th Street, in New York, New York

*PSC-16-09-00020-P ...... exempt Whether SUNY's core accounts should be Whether SUNY's core accounts should be exempt from the mandatory assignment of exempt from the mandatory assignment of local local distribution company (LDC) capacity distribution company (LDC) capacity

*PSC-17-09-00010-P ...... exempt Whether to permit the use of Elster REX2 solid To permit electric utilities in New York State to state electric meter for use in residential and use the Elster REX2 commerical accounts

*PSC-17-09-00011-P ...... exempt Whether Brooklyn Navy Yard Cogeneration Whether Brooklyn Navy Yard Cogeneration Partners, L.P. should be reimbursed by Con Partners, L.P. should be reimbursed by Con Edison for past and future use taxes Edison for past and future use taxes

*PSC-17-09-00012-P ...... exempt Petition for the submetering of gas at To consider the request of Turner Construction, commercial property to submeter natural gas at 550 Short Ave., & 10 South St., Governors Island, NY

37 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-17-09-00014-P ...... exempt Benefit-cost framework for evaluating AMI To consider a benefit-cost framework for programs prepared by the DPS Staff evaluating AMI programs prepared by the DPS Staff

*PSC-17-09-00015-P ...... exempt The construction of a tower for wireless To approve, reject or modify the petition to build antennas on land owned by National Grid a tower for wireless antennas in the Town of Onondaga

*PSC-18-09-00012-P ...... exempt Petition for rehearing of Order approving the To consider the request of Frank Signore to submetering of electricity rehear petition to submeter electricity at One City Place in White Plains, New York

*PSC-18-09-00013-P ...... exempt Petition for the submetering of electricity To consider the request of Living Opportunities of DePaul to submeter electricity at E. Main St. located in Batavia, New York

*PSC-18-09-00017-P ...... exempt Approval of an arrangement for attachment of To approve, reject or modify the petition for the wireless antennas to the utility's transmission existing wireless antenna attachment to the facilities in the City of Yonkers utility's transmission tower

*PSC-20-09-00016-P ...... exempt The recovery of, and accounting for, costs To consider a filing of the Companies as to the associated with the Companies' advanced recovery of, and accounting for, costs metering infrastructure (AMI) pilots etc associated with it's AMI pilots etc

*PSC-20-09-00017-P ...... exempt The recovery of, and accounting for, costs To consider a filing of CHG&E as to the associated with CHG&E's AMI pilot program recovery of, and accounting for, costs associated with it's AMI pilot program

*PSC-22-09-00011-P ...... exempt Cost allocation for Consolidated Edison's East To determine whether any changes are River Repowering Project warranted in the cost allocation of Consolidated Edison's East River Repowering Project

*PSC-25-09-00005-P ...... exempt Whether to grant, deny, or modify, in whole or Whether to grant, deny, or modify, in whole or in in part, the petition part, the petition

*PSC-25-09-00006-P ...... exempt Electric utility implementation plans for To determine if the proposed web based SIR proposed web based SIR application process systems are adequate and meet requirements and project status database needed for implementation

*PSC-25-09-00007-P ...... exempt Electric rates for Consolidated Edison Consider a Petition for Rehearing filed by Company of New York, Inc Consolidated Edison Company of New York, Inc

*PSC-27-09-00011-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Vernon and tw telecom of new york I.p. for negotiated agreement between Vernon and tw local exchange service and exchange access. telecom of new york I.p.

*PSC-27-09-00014-P ...... exempt Billing and payment for energy efficiency To promote energy conservation measures through utility bill

*PSC-27-09-00015-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Oriskany and tw telecom of new york l.p. for negotiated agreement between Oriskany and tw local exchange service and exchange access telecom of new york l.p

*PSC-29-09-00006-P ...... exempt Petition for the submetering of electricity at a To consider the request of Shinda Management residential senior citizen facility Corp. to submeter electricity at 107-37 166th Street, Jamaica, New York

*PSC-29-09-00011-P ...... exempt Consideration of utility compliance filings Consideration of utility compliance filings

*PSC-32-09-00009-P ...... exempt Cost allocation for Consolidated Edison's East To determine whether any changes are River Repowering Project warranted in the cost allocation of Consolidated Edison's East River Repowering Project

38 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-34-09-00016-P ...... exempt Recommendations made in the Management To consider whether to take action or Audit Final Report recommendations contained in the Management Audit Final Report

*PSC-34-09-00017-P ...... exempt To consider the transfer of control of To allow the Plattsburgh Cablevision, Inc. to Plattsburgh Cablevision, Inc. d/b/a Charter distribute its equity interest in CH Communications to CH Communications, LLC Communications, LLC

*PSC-36-09-00008-P ...... exempt The increase in the non-bypassable charge Considering exemptions from the increase in the implemented by RG&E on June 1, 2009 non-bypassable charge implemented by RG&E on June 1, 2009

*PSC-37-09-00015-P ...... exempt Sale of customer-generated steam to the Con To establish a mechanism for sale of customer- Edison steam system generated steam to the Con Edison steam system

*PSC-37-09-00016-P ...... exempt Applicability of electronic signatures to To determine whether electronic signatures can Deferred Payment Agreements be accepted for Deferred Payment Agreements

*PSC-39-09-00015-P ...... exempt Modifications to the $5 Bill Credit Program Consideration of petition of National Grid to modify the Low Income $5 Bill Credit Program

*PSC-39-09-00018-P ...... exempt The offset of deferral balances with Positive To consider a petition to offset deferral balances Benefit Adjustments with Positive Benefit Adjustments

*PSC-40-09-00013-P ...... exempt Uniform System of Accounts - request for To consider a petition to defer and amortize deferral and amortization of costs costs

*PSC-51-09-00029-P ...... exempt Rules and guidelines for the exchange of retail To revise the uniform Electronic Data access data between jurisdictional utilities and Interchange Standards and business practices eligible ESCOs to incorporate a contest period

*PSC-51-09-00030-P ...... exempt Waiver or modification of Capital Expenditure To allow the companies to expend less funds for condition of merger capital improvement than required by the merger

*PSC-52-09-00006-P ...... exempt ACE's petition for rehearing for an order To consider whether to change the Order regarding generator-specific energy Prescribing Study Methodology deliverability study methodology

*PSC-52-09-00008-P ...... exempt Approval for the New York Independent To finance the renovation and construction of System Operator, Inc. to incur indebtedness the New York Independent System Operator, and borrow up to $50,000,000 Inc.'s power control center facilities

*PSC-05-10-00008-P ...... exempt Petition for the submetering of electricity To consider the request of University Residences - Rochester, LLC to submeter electricity at 220 John Street, Henrietta, NY

*PSC-05-10-00015-P ...... exempt Petition for the submetering of electricity To consider the request of 243 West End Avenue Owners Corp. to submeter electricity at 243 West End Avenue, New York, NY

*PSC-06-10-00022-P ...... exempt The Commission's Order of December 17, To reconsider the Commission's Order of 2009 related to redevelopment of Consolidated December 17, 2009 related to redevelopment of Edison's Hudson Avenue generating facility the Hudson Avenue generating facility

*PSC-07-10-00009-P ...... exempt Petition to revise the Uniform Business To consider the RESA petition to allow Practices rescission of a customer request to return to full utility service

*PSC-08-10-00007-P ...... exempt Whether to grant, deny, or modify , in whole or Whether to grant, deny, or modify , in whole or in part, the rehearing petition filed in Case in part, the rehearing petition filed in Case 06-E- 06-E-0847 0847

39 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-08-10-00009-P ...... exempt Consolidated Edison of New York, Inc. energy To modify approved energy efficiency programs efficiency programs

*PSC-12-10-00015-P ...... exempt Recommendations made by Staff intended to To require that Con Edison implement the Staff enhance the safety of Con Edison's gas recommendations intended to enhance the operations safety of Con Edison's gas operations

*PSC-14-10-00010-P ...... exempt Petition for the submetering of electricity To consider the request of 61 Jane Street Owners Corporation to submeter Electricity at 61 Jane Street, Manhattan, NY

*PSC-16-10-00005-P ...... exempt To consider adopting and expanding mobile Adopt additional mobile stray voltage testing stray voltage testing requirements requirements

*PSC-16-10-00007-P ...... exempt Interconnection of the networks between TDS To review the terms and conditions of the Telecom and PAETEC Communications for negotiated agreement between TDS Telecom local exchange service and exchange access and PAETEC Communications

*PSC-16-10-00015-P ...... exempt Interconnection of the networks between To review the terms and conditions of the Frontier and Choice One Communications for negotiated agreement between Frontier and local exchange service and exchange access Choice One Communications

*PSC-18-10-00009-P ...... exempt Electric utility transmission right-of-way To consider electric utility transmission right-of- management practices way management practices

*PSC-19-10-00022-P ...... exempt Whether National Grid should be permitted to To decide whether to approve National Grid's transfer a parcel of property located at 1 Eddy request to transfer a parcel of vacant property in Street, Fort Edward, New York Fort Edward, New York

*PSC-22-10-00006-P ...... exempt Requirement that Noble demonstrate that its Consider requiring that Noble demonstrate that affiliated electric corporations operating in New its affiliated electric corporations in New York York are providing safe service are providing safe service

*PSC-22-10-00008-P ...... exempt Petition for the submetering of electricity To consider the request of 48-52 Franklin Street to submeter electricity at 50 Franklin Street, New York, New York

*PSC-24-10-00009-P ...... exempt Verizon New York Inc. tariff regulations relating To remove tariff regulations relating to retail to voice messaging service voice messaging service from Verizon New York Inc.'s tariff

*PSC-25-10-00012-P ...... exempt Reassignment of the 2-1-1 abbreviated dialing Consideration of petition to reassign the 2-1-1 code abbreviated dialing code

*PSC-25-10-00015-P ...... exempt To allow NYWC to defer and amortize, for Consideration of NYWC's petition to defer and future rate recognition, pension settlement amortize, for future rate recognition, pension payout losses incurred in 2009 payout losses incurred in 2009

*PSC-27-10-00016-P ...... exempt Petition for the submetering of electricity To consider the request of 9271 Group, LLC to submeter electricity at 960 Busti Avenue, Buffalo, New York

*PSC-31-10-00007-P ...... exempt Waiver of the Attachment 23 requirement in To consider the waiver of the requirement that a 2001 Rate Order that NMPC Board of majority of NMPC Board of directors consist of Directors consist of ‘‘outside directors’’ ‘‘outside directors’’

*PSC-34-10-00003-P ...... exempt The modification of Central Hudson Gas & The modification of Central Hudson Gas & Electric Corporation's Enhanced Powerful Electric Corporation's Enhanced Powerful Opportunities Program Opportunities Program

40 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-34-10-00005-P ...... exempt Approval of a contract for $250,000 in tank To decide whether to approve a contract repairs that may be a financing between the parties that may be a financing of $250,000 for tank repairs

*PSC-34-10-00006-P ...... exempt The modification of Central Hudson Gas & The modification of Central Hudson Gas & Electric Corporation's Enhanced Powerful Electric Corporation's Enhanced Powerful Opportunities Program Opportunities Program

*PSC-36-10-00010-P ...... exempt Central Hudson's procedures, terms and Consideration of Central Hudson's procedures, conditions for an economic development plan terms and conditions for an economic development plan

*PSC-40-10-00014-P ...... exempt Disposition of a state sales tax refund To determine how much of a state sales tax refund should be retained by National Grid

*PSC-40-10-00021-P ...... exempt Whether to permit the submetering of natural To permit the submetering of natural gas service gas service to a commercial customer at to a commercial customer at Quaker Crossing Quaker Crossing Mall Mall

*PSC-41-10-00018-P ...... exempt Amount of hourly interval data provided to Allow Central Hudson to provide less than a Hourly Pricing customers who have not years worth of interval data and charge for installed a phone line to read meter manual meter reading for some customers

*PSC-41-10-00022-P ...... exempt Request for waiver of the individual living unit Request for waiver of the individual living unit metering requirements at 5742 Route 5, metering requirements at 5742 Route 5, Vernon, Vernon, NY NY

*PSC-42-10-00011-P ...... exempt Petition for the submetering of electricity To consider the request of 4858 Group, LLC to submeter electricity at 456 Main Street, Buffalo, New York

*PSC-43-10-00016-P ...... exempt Utility Access to Ducts, Conduit Facilities and To review the complaint from Optical Utility Poles Communications Group

*PSC-44-10-00003-P ...... exempt Third and fourth stage gas rate increase by To consider Corning Natural Gas Corporation's Corning Natural Gas Corporation request for a third and fourth stage gas rate increase

*PSC-51-10-00018-P ...... exempt Commission proceeding concerning three- Investigate the consistency of the tariff phase electric service by all major electric provisions for three-phase electric service for all utilities major electric utilities

*PSC-11-11-00003-P ...... exempt The proposed transfer of 55.42 acres of land The proposed transfer of 55.42 acres of land and $1.4 million of revenues derived from the and $1.4 million of revenues derived from the rendition of public service rendition of public service

*PSC-12-11-00008-P ...... exempt To allow NYWC to defer and amortize, for Consideration of NYWC's petition to defer and future rate recognition, pension settlement amortize, for future rate recognition, pension payout losses incurred in 2010 payout losses incurred in 2010

*PSC-13-11-00005-P ...... exempt Exclude the minimum monthly bill component Exclude the minimum monthly bill component from the earnings test calculation from the earnings test calculation

*PSC-13-11-00007-P ...... exempt Budget allocations and use of System Benefits To encourage cost effective gas and electric Charge funds to pay State Cost Recovery Fee energy conservation in the State

*PSC-14-11-00009-P ...... exempt Petition for the submetering of electricity To consider the request of 83-30 118th Street to submeter electricity at 83-30 118th Street, Kew Gardens, New York

*PSC-16-11-00011-P ...... exempt The Energy Efficiency Portfolio Standard To promote gas and electricity energy conservation programs in New York

41 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-19-11-00007-P ...... exempt Utility price reporting requirements related to Modify the Commission's utility electric the Commission's ‘‘Power to Choose’’ website commodity price reporting requirements related to the ‘‘Power to Choose’’ website

*PSC-20-11-00012-P ...... exempt Petition for the submetering of electricity To consider the request of KMW Group LLC to submeter electricity at 122 West Street, Brooklyn, New York

*PSC-20-11-00013-P ...... exempt Determining the reasonableness of Niagara To determine if the make ready charges of Mohawk Power Corporation d/b/a National Niagara Mohawk Power Corporation d/b/a Grid ‘s make ready charges National Grid are reasonable

*PSC-22-11-00004-P ...... exempt Whether to permit the use of the Sensus To permit gas utilities in New York State to use accWAVE for use in residential gas meter the Sensus accWAVE diaphragm gas meter applications

*PSC-23-11-00018-P ...... exempt NYSERDA's energy efficiency program for low- To promote energy conservation in New York income customers State

*PSC-26-11-00007-P ...... exempt Water rates and charges To approve an increase in annual revenues by about $25,266 or 50%

*PSC-26-11-00009-P ...... exempt Petition for the submetering of electricity at To consider the request of by Hoosick River commercial property Hardwoods, LLC to submeter electricity at 28 Taylor Avenue, in Berlin, New York

*PSC-26-11-00012-P ...... exempt Waiver of generation retirement notice Consideration of waiver of generation retirement requirements notice requirements

*PSC-29-11-00011-P ...... exempt Petition requesting the Commssion reconsider To consider whether to grant or deny, in whole its May 19, 2011 Order and conduct a hearing, or in part, Windstream New York's Petition For and petition to stay said Order. Reconsideration and Rehearing.

*PSC-35-11-00011-P ...... exempt Whether to permit Consolidated Edison a Permit Consolidated Edison to conduct a waiver to commission regulations Part 226.8 inspection program in lieu of testing the accuracy of Category C meters

*PSC-36-11-00006-P ...... exempt To consider expanding mobile stray voltage Adopt additional mobile stray voltage testing testing requirements requirements

*PSC-38-11-00002-P ...... exempt Operation and maintenance procedures Adopt modified steam operation and pertaining to steam trap caps maintenance procedures

*PSC-38-11-00003-P ...... exempt Waiver of certain provisions of the electric Consideration of waiver of certain provisions of service tariffs of Con Edison the electric service tariffs of Con Edison

*PSC-40-11-00010-P ...... exempt Participation of regulated local exchange Whether to partially modify its order requiring carriers in the New York Data Exchange, Inc. regulated local exchange carriers' participation (NYDE) NYDE

*PSC-40-11-00012-P ...... exempt Granting of transfer of plant in-service to a To approve transfer and recovery of regulatory asset unamortized plant investment

*PSC-42-11-00018-P ...... exempt Availability of telecommunications services in Providing funding support to help ensure New York State at just and reasonable rates availability of affordable telecommunications service throughout New York

*PSC-43-11-00012-P ...... exempt Transfer of outstanding shares of stock Transfer the issued outstanding shares of stock of The Meadows at Hyde Park Water-Works Corporation to HPWS, LLC

42 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-47-11-00007-P ...... exempt Remedying miscalculations of delivered gas as Consideration of Con Edison's proposal to between two customer classes address inter-class delivery imbalances resulting from past Company miscalculations

*PSC-48-11-00007-P ...... exempt Transfer of controlling interests in generation Consideration of the transfer of controlling facilities from Dynegy to PSEG interests in electric generation facilities from Dynegy to PSEG

*PSC-48-11-00008-P ...... exempt Petition for the submetering of electricity To consider the request of To Better Days, LLC to submeter electricity at 37 East 4th Street, New York, New York

*PSC-51-11-00010-P ...... exempt The Total Resource Cost (TRC) test, used to Petitioners request that the TRC test and/or its analyze measures in the Energy Efficiency application to measures should be revised Portfolio Standard program

*PSC-52-11-00017-P ...... exempt Reparations and refunds Reparations and refunds

*PSC-01-12-00007-P ...... exempt The New York State Reliability Council's To adopt revisions to various rules and revisions to its rules and measurements measurements of the New York State Reliability Council

*PSC-01-12-00008-P ...... exempt Transfer of real property and easements from Consideration of the transfer of real property NMPNS to NMP3 and easements from NMPNS to NMP3

*PSC-01-12-00009-P ...... exempt Recovery of expenses related to the expansion To determine how and to what extent expenses of Con Edison's ESCO referral program, related to the Expansion of Con Edison's ESCO PowerMove referral program should be recovered

*PSC-11-12-00002-P ...... exempt Whether to grant, deny or modify, in whole or Whether to grant, deny or modify, in whole or part, Hegeman's petition for a waiver of part, Hegeman's petition for a waiver of Commission policy and Con Edison tariff Commission policy and Con Edison tariff

*PSC-11-12-00005-P ...... exempt Transfer of land and water supply assets Transfer the land and associated water supply assets of Groman Shores, LLC to Robert Groman

*PSC-13-12-00005-P ...... exempt Authorization to transfer certain real property To decide whether to approve the transfer of certain real property

*PSC-17-12-00007-P ...... exempt Whether a proposed agreement for the Whether the Commission should issue an order provision of water service by Saratoga Water approving the proposed provision of water Services, Inc. is in the public interest service

*PSC-17-12-00008-P ...... exempt Whether a proposed agreement for the Whether the Commission should issue an order provision of water service by Saratoga Water approving the proposed provision of water Services, Inc. is in the public interest service

*PSC-17-12-00009-P ...... exempt Whether a proposed agreement for the Whether the Commission should issue an order provision of water service by Saratoga Water approving the proposed provision of water Services, Inc. is in the public interest service

*PSC-19-12-00019-P ...... exempt EEPS programs administered by New York To modify the C&I sector by combining multiple State Electric & Gas Corporation and approved C&I programs into a single C&I Rochester Gas and Electric Corporation program for each PA

*PSC-19-12-00022-P ...... exempt Approval of a combined heat and power Modify NYSERDA's EEPS programs budget and performance program funding plan targets to fund the CHP program administered by NYSERDA

43 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-19-12-00023-P ...... exempt Petition for approval pursuant to Section 70 for To consider whether to grant, deny or modify, in the sale of goods with an original cost of less whole or in part, the petition filed by Orange and than $100,000 Rockland Utilities, Inc.

*PSC-21-12-00006-P ...... exempt Tariff filing requirements and refunds To determine if certain agreements should be filed pursuant to the Public Service Law and if refunds are warranted

*PSC-21-12-00011-P ...... exempt Whether to grant, deny or modify, in whole or Whether to grant, deny or modify, in whole or part, the petition for waiver of tariff Rules 8.6 part, the petition for waiver of tariff Rules 8.6 and 47 and 47

*PSC-23-12-00005-P ...... exempt EEPS multifamily programs administered by To redesign the multifamily electric and gas Consolidated Edison Company of New York, programs and modify the budgets and targets Inc.

*PSC-23-12-00007-P ...... exempt The approval of a financing upon a transfer to To consider the approval of a financing upon a Alliance of upstream ownership interests in a transfer to Alliance of upstream ownership generation facility interests in a generation facility

*PSC-23-12-00009-P ...... exempt Over earnings sharing between rate payers To establish an Earnings Sharing Mechanism to and shareholders be applied following the conclusion of Corning's rate plan

*PSC-27-12-00012-P ...... exempt Implementation of recommendations made in a To consider implementation of recommendations Management Audit Report made in a Management Audit Report

*PSC-28-12-00013-P ...... exempt Exemption of reliability reporting statistics for Consideration of Orange and Rockland Utilities the purpose of the 2012 Reliability request for exemption of the 2012 reliability Performance Mechanism reporting statistics

*PSC-29-12-00019-P ...... exempt Waiver of 16 NYCRR 894.1 through 894.4 To allow the Town of Hamden to waive certain preliminary franchising procedures to expedite the franchising process.

*PSC-30-12-00010-P ...... exempt Waiver of 16 NYCRR 894.1 through 894.4 To allow the Town of Andes to waive certain preliminary franchising procedures to expedite the franchising process

*PSC-33-12-00009-P ...... exempt Telecommunications companies ability to Consideration of Tech Valley's ability to attach attach to utility company poles to Central Hudson poles

*PSC-35-12-00014-P ...... exempt To implement an abandonment of White To approve the implementation of abandonment Knight's water system of White Knight's water system

*PSC-37-12-00009-P ...... exempt Proposed modification by Con Edison of its Proposed modification by Con Edison of its procedures to calculate estimated bills to its procedures to calculate estimated bills to its customers customers

*PSC-42-12-00009-P ...... exempt Regulation of Gipsy Trail Club, Inc.'s long-term To exempt Gipsy Trail Club, Inc. from financing agreements Commission regulation of its financing agreements

*PSC-45-12-00008-P ...... exempt Whether to grant, deny or modify, in whole or Whether to grant, deny or modify, in whole or part, ESHG's petition for a waiver of part, ESHG's petition for a waiver of Commission Commission policy and RG&E tariff policy and RG&E tariff

*PSC-45-12-00010-P ...... exempt Whether to grant, deny or modify, in whole or Whether to grant, deny or modify, in whole or in in part the petition of Con Edison to grant part the petition of Con Edison to grant easements to Millwood Fire District easements to Millwood Fire District

44 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-50-12-00003-P ...... exempt Affiliate standards for Corning Natural Gas To resolve issues raised by Corning Natural Gas Corporation Corporation in its petition for rehearing

*PSC-04-13-00006-P ...... exempt Expansion of mandatory day ahead hourly To consider the expansion of mandatory day pricing for customers of Orange and Rockland ahead hourly pricing for customers with Utilities with demands above 100 kW demands above 100 kW

*PSC-04-13-00007-P ...... exempt Authorization to transfer certain real property. To decide whether to approve the transfer of certain real property.

*PSC-06-13-00008-P ...... exempt Verizon New York Inc.'s retail service quality To investigate Verizon New York Inc.'s retail service quality

*PSC-08-13-00012-P ...... exempt Filing requirements for certain Article VII To ensure that applications for certain electric electric facilities transmission facilities contain pertinent information

*PSC-08-13-00014-P ...... exempt Uniform System of Accounts - Request for To allow the company to defer an item of Accounting Authorization expense or capital beyond the end of the year in which it was incurred

*PSC-12-13-00007-P ...... exempt Protecting company water mains To allow the company to require certain customers to make changes to the electrical grounding system at their homes

*PSC-13-13-00008-P ...... exempt The potential waiver of 16 NYCRR 255.9221(d) To determine whether a waiver of the timely completion of integrity assessments for certain completion of certain gas transmission line gas transmission lines. integrity assessments should be granted.

*PSC-14-13-00005-P ...... exempt Recovery of incremental expense. To consider petition for recovery of incremental expense.

*PSC-17-13-00008-P ...... exempt Provision of historical utility pricing information Provision of historical utility pricing information for comparison purposes for residential ESCO for comparison purposes for residential ESCO customers customers

*PSC-17-13-00010-P ...... exempt Provision of historical pricing information for Provision of historical pricing information for comparison purposes for residential ESCO comparison purposes for residential ESCO customers customers

*PSC-18-13-00007-P ...... exempt Whether Demand Energy Networks energy Whether Demand Energy Networks energy storage systems should be designated storage systems should be designated technologies for standby rate eligibility technologies for standby rate eligibility purposes purposes

*PSC-21-13-00003-P ...... exempt To consider policies that may impact consumer To consider and further develop policies that acceptance and use of electric vehicles may impact consumer acceptance and use of electric vehicles

*PSC-21-13-00005-P ...... exempt To implement an abandonment of Windover's To approve the implementation of abandonment water system of Windover's water system

*PSC-21-13-00008-P ...... exempt Rates of National Fuel Gas Distribution To make the rates of National Fuel Gas Corporation Distribution Corporation temporary, subject to refund, if they are found to be excessive

*PSC-21-13-00009-P ...... exempt Reporting requirements for natural gas local To help ensure efficient and economic distribution companies expansion of the natural gas system as appropriate

45 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-22-13-00009-P ...... exempt On remand from New York State court On remand, to determine the recovery of certain litigation, determine the recovery of certain deferral amounts owed NFG from ratepayers deferred amounts owed NFG by ratepayers

*PSC-23-13-00005-P ...... exempt Waiver of partial payment, directory database Equalize regulatory treatment based on level of distribution, service quality reporting, and competition and practical considerations service termination regulations

*PSC-24-13-00009-P ...... exempt Repowering options for the Cayuga generating To establish whether utility plans should include station located in Lansing, New York, and repowering options for the Cayuga generating alternatives station, or other alternatives

*PSC-24-13-00010-P ...... exempt Repowering options for the Dunkirk generating To establish whether utility plans should include station located in Dunkirk, New York, and repowering options for the Dunkirk generating alternatives station, or other alternatives

*PSC-25-13-00008-P ...... exempt To deny, grant or modify, in whole or in part, To deny, grant or modify, in whole or in part, Central Hudson's rehearing request. Central Hudson's rehearing request.

*PSC-25-13-00009-P ...... exempt Provision by utilities of natural gas main and To help ensure efficient and economic service lines. expansion of the natural gas system as appropriate.

*PSC-25-13-00011-P ...... exempt Waiver of certain Commission requirements To waive a utility's right to provide information to related to provision of customer information to credit reporting agencies related to customers' credit reporting agencies. payment histories.

*PSC-25-13-00012-P ...... exempt To deny, grant or modify, in whole or in part, To deny, grant or modify, in whole or in part, Central Hudson's rehearing request. Central Hudson's rehearing request.

*PSC-27-13-00014-P ...... exempt Columbia Gas Transmission Corporation Cost For approval for temporary waiver of tariff Refund provisions regarding its Columbia Gas Transmission Corporation cost refund.

*PSC-28-13-00014-P ...... exempt Provision for the recovery and allocation of To consider the recovery and allocation of costs costs of transmission projects that reduce of transmission projects that reduce congestion congestion on certain interfaces on certain interfaces

*PSC-28-13-00016-P ...... exempt The request of NGT for lightened regulation as To consider whether to approve, reject, or a gas corporation. modify the request of Niagara gas transport of Lockport, NY LLC.

*PSC-28-13-00017-P ...... exempt The request by TE for waiver of regulations Consider the request by TE for waiver of requiring that natural gas be odorized in certain regulations that gas be odorized in certain lines gathering line segments

*PSC-32-13-00009-P ...... exempt To consider the definition of ‘‘misleading or To consider the definition of ‘‘misleading or deceptive conduct’’ in the Commission's deceptive conduct’’ in the Commission's Uniform Uniform Business Practices Business Practices

*PSC-32-13-00010-P ...... exempt Permission to write off and eliminate record To allow write off and eliminate record keeping keeping for regulatory reserves for Pensions of Pension and Other Post Retirement Benefits and Other Post Retirement Benefits Reserves

*PSC-32-13-00012-P ...... exempt To consider whether NYSEG should be To consider whether NYSEG should be required required to undertake actions to protect its to undertake actions to protect its name and to name and to minimize customer confusion minimize customer confusion

*PSC-33-13-00027-P ...... exempt Waive underground facility requirements for Determine whether Chapin Lumberland, LLC new construction in residential subdivisions to subdivision will be allowed overhead electric allow for overhead electric lines. distribution and service lines.

46 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-33-13-00029-P ...... exempt Deferral of incremental costs associated with To consider a petition by Con Edison to defer the restoration of steam service following certain incremental steam system restoration Superstorm Sandy. costs relating to Superstorm Sandy.

*PSC-34-13-00004-P ...... exempt Escrow account and surcharge to fund To approve the establishment of an escrow extraordinary repairs account and surcharge

*PSC-37-13-00007-P ...... exempt Dissolution of Garrow Water Works Company, To allow for the dissolution of Garrow Water Inc.. Works Company, Inc.

*PSC-39-13-00010-P ...... exempt NY-Sun initiative within the Customer-Sited To increase the statewide adoption of customer Tier of the RPS Program. sited photovoltaic solar generation through the NY-Sun Initiative.

*PSC-42-13-00013-P ...... exempt Failure to Provide Escrow Information The closure of the Escrow Account

*PSC-42-13-00015-P ...... exempt Failure to Provide Escrow Information The closure of the Escrow Account

*PSC-43-13-00015-P ...... exempt Petition for submetering of electricity To consider the request of 2701 Kingsbridge Terrace L.P. to submeter electricity at 2701 Kingsbridge Terrace, Bronx, N.Y.

*PSC-45-13-00021-P ...... exempt Investigation into effect of bifurcation of gas To consider a Petition for an investigation into and electric utility service on Long Island. effect of bifurcation of gas and electric utility service on Long Island.

*PSC-45-13-00022-P ...... exempt Waiver of PSC regulations, 16 NYCRR section To consider a waiver of certain regulations 88.4(a)(4) relating to the content of an application for transmission line siting

*PSC-45-13-00023-P ...... exempt Waiver of PSC regulations, 16 NYCRR section To consider a waiver of certain regulations 88.4(a)(4). relating to the content of an application for transmission line siting

*PSC-45-13-00024-P ...... exempt Waiver of PSC regulations, 16 NYCRR section To consider a waiver of certain regulations 88.4(a)(4); waiver of filing deadlines. relating to the content of an application for transmission line siting

*PSC-45-13-00025-P ...... exempt Waiver of PSC regulations, 16 NYCRR section To consider a waiver of certain regulations 88.4(a)(4). relating to the content of an application for transmission line siting

*PSC-47-13-00009-P ...... exempt Petition for submetering of electricity. To consider the request of Hegeman Avenue Housing L.P. to submeter electricity at 39 Hegeman Avenue, Brooklyn, N.Y.

*PSC-47-13-00012-P ...... exempt Conditioning,restricting or prohibiting the Consideration of conditioning,restricting or purchase of services by NYSEG and RG&E prohibiting the purchase of services by NYSEG from certain affiliates. and RG&E from certain affiliates.

*PSC-49-13-00008-P ...... exempt Authorization to transfer all of Crystal Water To allow Crystal Water Supply Company, Inc to Supply Company, Inc. stocks to Essel Infra transfer all of its issued and outstanding stocks West Inc. to Essel Infra West Inc.

*PSC-51-13-00009-P ...... exempt Consolidated Edison proposing to use data To ensure there is a reasonable basis for data from a test period ending September 30, 2013 submitted in support of a request for a change to support its next rate filing. in rates.

*PSC-51-13-00010-P ...... exempt Consolidated Edison proposing to use data To ensure there is a reasonable basis for data from a test period ending September 30, 2013 submitted in support of a request for a change to support its next rate filing. in rates.

47 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-51-13-00011-P ...... exempt Consolidated Edison proposing to use data To ensure there is a reasonable basis for data from a test period ending September 30, 2013 submitted in support of a request for a change to support its next rate filing. in rates.

*PSC-52-13-00012-P ...... exempt The development of reliability contingency To address the petition for rehearing and plan(s) to address the potential retirement of reconsideration/motion for clarification of the Indian Point Energy Center (IPEC). IPEC reliability contingency plan(s).

*PSC-52-13-00015-P ...... exempt To enter into a loan agreement with the banks To consider allowing Knolls Water Company to for up to an amount of $94,000. enter into a long-term loan agreement.

*PSC-01-14-00017-P ...... exempt Residential Time-of-Use Rates To establish residential optional time of use delivery and commodity rates

*PSC-03-14-00009-P ...... exempt disposition of tax refunds and other related to determine the disposition of tax refunds and matters other related matters

*PSC-04-14-00005-P ...... exempt National Fuel Gas Corporation's Conservation To modify National Fuel Gas Corporation's Non- Incentive Programs. Residential Conservation Incentive Program.

*PSC-05-14-00010-P ...... exempt The New York State Reliability Council's To adopt revisions to various rules and revisions to its rules and measurements measurements of the New York State Reliability Council

*PSC-07-14-00008-P ...... exempt Petition for submetering of electricity To consider the request of Greater Centennial Homes HDFC, Inc. to submeter electricity at 102, 103 and 106 W 5th Street, et al.

*PSC-07-14-00012-P ...... exempt Water rates and charges Implementation of Long-Term Water Supply Surcharge to recover costs associated with the Haverstraw Water Supply Project

*PSC-08-14-00015-P ...... exempt Verizon New York Inc.'s service quality and To improve Verizon New York Inc.'s service Customer Trouble Report Rate (CTRR) levels quality andthe Customer Trouble Report Rate at certain central office entities levels at certain central office entities

*PSC-10-14-00006-P ...... exempt Actions to facilitate the availability of ESCO To facilitate ESCO value-added offerings and to value-added offerings, ESCO eligibility and make changes to ESCO eligibility and to ensure ESCO compliance ESCO compliance

*PSC-11-14-00003-P ...... exempt Provision for the recovery and allocation of To consider the recovery and allocation of costs costs of transmission projects that reduce of transmission projects that reduce congestion congestion on certain interfaces on certain interfaces

*PSC-16-14-00014-P ...... exempt Whether to order NYSEG to provide gas To order gas service to customers in the Town service to customers when an expanded CPCN of Plattsburgh after approval of a town wide is approved and impose PSL 25-a penalties. CPCN and to impose penalties.

*PSC-16-14-00015-P ...... exempt Whether Central Hudson should be permitted Consideration of the petition by Central Hudson to defer obligations of the Order issued on to defer reporting obligations of the October 18, October 18, 2013 in Case 13-G-0336. 2013 Order in Case 13-G-0336

*PSC-16-14-00016-P ...... exempt Waiver of Commission regulations governing Consider United Water New York Inc.'s proposal termination of service. to expand termination of service provisions.

*PSC-17-14-00003-P ...... exempt Con Edison's Report on its 2013 performance Con Edison's Report on its 2013 performance under the Electric Service Reliability under the Electric Service Reliability Performance Mechanism Performance Mechanism

*PSC-17-14-00004-P ...... exempt To consider certain portions of petitions for To consider certain portions of petitions for rehearing, reconsideration and/or clarification rehearing, reconsideration and/or clarification

48 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-17-14-00007-P ...... exempt To consider petitions for rehearing, To consider petitions for rehearing, reconsideration and/or clarification reconsideration and/or clarification

*PSC-17-14-00008-P ...... exempt To consider certain portions of petitions for To consider certain portions of petitions for rehearing, reconsideration and/or clarification rehearing, reconsideration and/or clarification

*PSC-19-14-00014-P ...... exempt Market Supply Charge To make tariff revisions to the Market Supply Charge for capacity related costs

*PSC-19-14-00015-P ...... exempt Whether to permit the use of the Sensus To permit gas utilities in New York State to use accuWAVE for use in residential and the Sensus accuWAVE 415TC gas meter commercial gas meter applications

*PSC-19-14-00018-P ...... exempt Uniform System of Accounts, deferral of an Authorization of a deferral for an expense item expense item beyond the end of the year in which it was incurred

*PSC-22-14-00013-P ...... exempt Petition to transfer and merge systems, To consider the Comcast and Time Warner franchises and assets. Cable merger and transfer of systems, franchises and assets.

*PSC-23-14-00010-P ...... exempt Whether to permit the use of the GE Dresser To permit gas utilities in New York State to use Series B3-HPC 11M-1480 rotary gas met for the GE Dresser Series B3-HPC 11M-1480 use in industrial gas meter applications rotary gas meter

*PSC-23-14-00014-P ...... exempt Waiver of the negative revenue adjustment Consideration of KEDLI's waiver request associated with KEDLI's 2013 Customer pertaining to its 2013 performance under its Satisfaction Performance Metric Customer Satisfaction Metric

*PSC-24-14-00005-P ...... exempt To examine LDC's performance and To improve gas safety performance. performance measures.

*PSC-26-14-00010-P ...... exempt Petitioner requests an order authorizing its To enable continued operation of a 21 MW participation in the next Main Tier solicitation biomass fueled electric generating facility in offered under the RPS Program. Chateaugay, New York.

*PSC-26-14-00013-P ...... exempt Waiver of RG&E's tariffed definition of To consider waiver of RG&E's tariffed definition emergency generator. of emergency generator.

*PSC-26-14-00017-P ...... exempt Existing ratemaking and rate design practices To use the Commission's ratemaking authority will be revised with a focus on outcomes and to foster a DER-intensive system. incentives.

*PSC-26-14-00020-P ...... exempt New electric utility backup service tariffs and To encourage development of microgrids that standards for interconnection may be adopted. enhance the efficiency, safety, reliability and resiliency of the electric grid.

*PSC-26-14-00021-P ...... exempt Consumer protections, standards and To balance the need for the information protocols pertaining to access to customer necessary to support a robust market with data may be established. customer privacy concerns.

*PSC-28-14-00014-P ...... exempt Petition to transfer systems, franchises and To consider the Comcast and Charter transfer assets. of systems, franchise and assets.

*PSC-30-14-00023-P ...... exempt Whether to permit the use of the Sensus Pursuant to 16 NYCRR Part 500.3 , it is iPERL Fire Flow Meter. necessary to permit the use of the Sensus iPERL Fire Flow Meter.

*PSC-30-14-00025-P ...... exempt Allocation of uncommitted Technology and To consider allocation of uncommitted Market Development Funds to the Combined Technology & Market Development Funds to the Heat & Power Performance Program. Combined Heat & Power Performance Program.

49 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-30-14-00026-P ...... exempt Petition for a waiver to master meter electricity. Considering the request of Renaissance Corporation of to master meter electricity at 100 Union Drive,Albany, NY.

*PSC-31-14-00004-P ...... exempt To transfer 100% of the issued and To transfer 100% of the issued and outstanding outstanding stock from Vincent Cross to stock from Vincent Cross to Bonnie and Michael Bonnie and Michael Cross Cross

*PSC-32-14-00009-P ...... exempt Refueling options for the Dunkirk generating To address the joint petition for rehearing of the station located in Dunkirk, New York, and Commission's Order related to refueling the alternatives Dunkirk generating station

*PSC-32-14-00012-P ...... exempt Whether to grant or deny, in whole or in part, To consider the Connect New York Coalition's the Connect New York Coalition's petition petition seeking a formal investigation and hearings

*PSC-34-14-00009-P ...... exempt Whether to approve the Quadlogic S10N Approval of the Quadlogic S10N Smart Meter residential submeter. for use in residential electric submetering is required by 16 NYCRR Parts 93 and 96.

*PSC-35-14-00004-P ...... exempt Regulation of a proposed electricity generation To consider regulation of a proposed electricity facility located in the Town of Brookhaven, NY generation facility located in the Town of Brookhaven, NY

*PSC-35-14-00005-P ...... exempt Whether to permit the use of the Sensus Pursuant to 16 NYCRR Parts 92 and 93, iConA electric meter Commission approval is necessary to permit the use of the Sensus iConA electric meter

*PSC-36-14-00009-P ...... exempt Modification to the Commission's Electric To consider revisions to the Commission's Safety Standards. Electric Safety Standards.

*PSC-36-14-00010-P ...... exempt The procurement of Main Tier renewable To ensure the development of large-scale resources will become the responsibility of the remnewables in New York State to promote fuel State's electric utilities. diversity and reduce carbon emissions.

*PSC-36-14-00011-P ...... exempt To defer pension settlement losses associated To resolve the ratemaking of the pension with retirements in the year ended March 31, settlement loss. 2014.

*PSC-38-14-00003-P ...... exempt Whether to approve, reject or modify, in whole Whether to approve, reject or modify, in whole or in part a time-sensitive rate pilot program. or in part a time-sensitive rate pilot program.

*PSC-38-14-00004-P ...... exempt The study and petition of Con Edison regarding The study and petition of Con Edison regarding use, accounting and ratemaking treatment for use, accounting and ratemaking treatment for 11-23 and 2-28 Hudson Ave. Brooklyn. 11-23 and 2-28 Hudson Ave. Brooklyn.

*PSC-38-14-00005-P ...... exempt Action on the report and petition of Con Edison Action on the report and petition of Con Edison regarding the Storm Hardening and Resiliency regarding the Storm Hardening and Resiliency Collaborative, Phase 2. Collaborative, Phase 2.

*PSC-38-14-00007-P ...... exempt Whether to expand Con Edison's low income Whether to expand Con Edison's low income program to include Medicaid recipients. program to include Medicaid recipients.

*PSC-38-14-00008-P ...... exempt The study and petition of Con Edison regarding The study and petition of Con Edison regarding use, accounting and ratemaking treatment for use, accounting and ratemaking treatment for 11-23 and 2-28 Hudson Ave. Brooklyn. 11-23 and 2-28 Hudson Ave. Brooklyn.

*PSC-38-14-00010-P ...... exempt Inter-carrier telephone service quality standard To review recommendations from the Carrier and metrics and administrative changes. Working Group and incorporate appropriate modifications to the existing Guidelines.

50 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-38-14-00012-P ...... exempt Action on the report and petition of Con Edison Action on the report and petition of Con Edison regarding the Storm Hardening and Resiliency regarding the Storm Hardening and Resiliency Collaborative, Phase 2. Collaborative, Phase 2.

*PSC-38-14-00018-P ...... exempt New electric utility demand response tariffs To develop mature DER markets by enabling the may be adopted. development and use of DR as an economic system resource.

*PSC-39-14-00020-P ...... exempt Whether to permit the use of the Mueller Pursuant to 16 NYCRR section 500.3, whether Systems 400 Series and 500 Series of water to permit the use of the Mueller Systems 400, meters and 500 Series of water meters

*PSC-40-14-00008-P ...... exempt To consider granting authorization for Buy To consider granting authorization for Buy Energy Direct to resume marketing to Energy Direct to resume marketing to residential residential customers. customers.

*PSC-40-14-00009-P ...... exempt Whether to permit the use of the Itron Open Pursuant to 16 NYCRR Parts 93, is necessary Way Centron Meter with Hardware 3.1 for to permit the use of the Itron Open Way Centron AMR and AMI functionality. Meter with Hardware 3.1.

*PSC-40-14-00011-P ...... exempt Late Payment Charge. To modify Section 7.6 - Late Payment Charge to designate a specific time for when a late payment charge is due.

*PSC-40-14-00013-P ...... exempt Regulation of a proposed natural gas pipeline To consider regulation of a proposed natural gas and related facilities located in the Town of pipeline and related facilities located in the Town Ticonderoga, NY. of Ticonderoga, NY.

*PSC-40-14-00014-P ...... exempt Waiver of 16 NYCRR Sections 894.1 through To allow the Town of Goshen, NY, to waive 894.4(b)(2) certain preliminary franchising procedures to expedite the franchising process.

*PSC-40-14-00015-P ...... exempt Late Payment Charge. To modify Section 6.6 - Late Payment Charge to designate a specific time for when a late payment charge is due.

*PSC-42-14-00003-P ...... exempt Annual Reconciliation of Gas Expenses and The filings of various LDCs and municipalities Gas Cost Recoveries regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries

*PSC-42-14-00004-P ...... exempt Winter Bundled Sales Service Option To modify SC-11 to remove language relating to fixed storage charges in the determination of the Winter Bundled Sales charge

*PSC-45-14-00003-P ...... exempt Notice of Intent to Submeter electricity To consider the request of Bedford-Stuyvesant South One LLC to submeter electricity at 27 Albany Avenue, Brooklyn, NY

*PSC-48-14-00014-P ...... exempt Considering the recommendations contained in To consider the recommendations contained in Staff' s electric outage investigation report for Staff's electric outage investigation report for MNRR, New Haven Line. MNRR, New Haven Line.

*PSC-52-14-00019-P ...... exempt Petition for a waiver to master meter electricity. Considering the request of 614 South Crouse Avenue, LLC to master meter electricity at 614 South Crouse Avenue, Syracuse, NY..

*PSC-52-14-00026-P ...... exempt Community Choice Aggregation. To consider action related to Community Choice Aggregation.

*PSC-01-15-00014-P ...... exempt State Universal Service Fund Disbursements To consider Edwards Telephone Company's request for State Universal Service Fund disbursements

51 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-01-15-00017-P ...... exempt Reimbursement of costs for construction under To determine proper reimbursement for costs 16 NYCRR 230 related to trenching and construction

*PSC-03-15-00002-P ...... exempt Waiver of tariff provisions related to SC 14 To determine whether a waiver is warranted Non-Core Transportation Services for Electric Generation

*PSC-04-15-00008-P ...... exempt Re-billing SC No. 2 customers from March To determine whether re-billing SC No. 2 2008 through March 2014. customers by the Companies' proposed methodology customers is appropriate.

*PSC-04-15-00010-P ...... exempt To modify the retail access program under SC To modify the retail access program to No. 19 - Seller Transportation Aggregation implement Tier 2A – Storage Capacity Release Service. and make other tariff changes.

*PSC-04-15-00011-P ...... exempt To modify the retail access program under SC To modify the retail access program to No. 8 - Seller Services. implement Tier 2A - Storage Capacity Release and make other tariff changes.

*PSC-04-15-00012-P ...... exempt Disposition of tax refunds and other related To determine the disposition of tax refunds and matters. other related matters.

*PSC-06-15-00003-P ...... exempt Petition for submetering of electricity To consider the request of City Point Residential LLC, to submeter electricity at 366 Flatbush Avenue Ext, Brooklyn, New York

*PSC-07-15-00006-P ...... exempt Whether to order a remand regarding Whether to order a remand regarding payphone payphone rates rates and award refunds

*PSC-08-15-00009-P ...... exempt Approval of a surcharge. To allow or disallow Emerald Green Lake Louise Marie Water Company, Inc. for a surcharge.

*PSC-08-15-00010-P ...... exempt Request pertaining to the lawfulness of To grant, deny, or modify URAC Rate National Grid USA continuing its summary Consultants' request that National Grid cease its billing program. summary billing program.

*PSC-10-15-00007-P ...... exempt Notification concerning tax refunds To consider Verizon New York Inc.'s partial rehearing or reconsideration request regarding retention of property tax refunds

*PSC-10-15-00008-P ...... exempt Whether to waive Policy on Test Periods in Whether to waive Policy on Test Periods in Major Rate Proceedings and provide authority Major Rate Proceedings and provide authority to to file tariff changes file tariff changes

*PSC-10-15-00009-P ...... exempt Contingency Tariffs regarding demand To consider Contingency Tariffs regarding response issues demand response issues

*PSC-12-15-00007-P ...... exempt The Annual Reconciliation of Gas Expenses Examine the Annual Reconciliation of Gas and Gas Cost Recoveries codified at Title 16 Expenses and Gas Cost Recoveries mechanism NYCRR Section 720.6.5

*PSC-13-15-00024-P ...... exempt Whether Leatherstocking should be permitted To decide whether to approve Leatherstocking's to recover a shortfall in earnings request to recover a shortfall in earnings

*PSC-13-15-00026-P ...... exempt Whether to permit the use of the Sensus To permit the use of the Sensus Smart Point Smart Point Gas AMR/AMI product Gas AMR/AMI product

*PSC-13-15-00027-P ...... exempt Whether to permit the use of the Measurlogic To permit the use of the Measurlogic DTS 310 DTS 310 electric submeter submeter

52 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION *PSC-13-15-00028-P ...... exempt Whether to permit the use of the SATEC To permit necessary to permit the use of the EM920 electric meter SATEC EM920 electric meter

*PSC-13-15-00029-P ...... exempt Whether to permit the use the Triacta Power To permit the use of the Triacta submeters Technologies 6103, 6112, 6303, and 6312 electric submeters

PSC-17-15-00004-P ...... exempt Rehearing of the Commission's Order Adopting Consideration of a petition for rehearing Regulatory Policy Framework and Implementation Plan

PSC-17-15-00006-P ...... exempt Petition to submeter electricity To consider the request of 56th and Park (NY) LLC, to submeter electricity at 432 Park Avenue, New York, New York

PSC-17-15-00007-P ...... exempt To consider the petition of Leatherstocking To consider the petition of Leatherstocking Gas Gas Company, LLC seeking authority to issue Company, LLC seeking authority to issue long- long-term debt of $2.75 million term debt of $2.75 million

PSC-18-15-00004-P ...... exempt National Grid's electric Economic Development To revise the economic development assistance Programs to qualified businesses

PSC-18-15-00005-P ...... exempt Con Edison's Report on its 2014 performance Con Edison's Report on its 2014 performance under the Electric Service Reliability under the Electric Service Reliability Performance Mechanism Performance Mechanism

PSC-18-15-00007-P ...... exempt National Grid's Economic Development To authorize a new economic development Programs program for National Grid's natural gas service territory

PSC-19-15-00011-P ...... exempt Gas Safety Performance Measures and To update the performance measures applicable associated negative revenue adjustments to KeySpan Gas East Corporation d/b/a National Grid

PSC-20-15-00006-P ...... exempt Implementation of the proposed Microgrid Consider implementation of the proposed Business Model as a reliability and demand Microgrid Business Model as a reliability and management resource demand management resource

PSC-22-15-00015-P ...... exempt To consider the request for waiver of the To consider the request for waiver of the individual residential unit meter requirements individual residential unit meter requirements and and 16 NYCRR 96.1(a) 16 NYCRR 96.1(a)

PSC-23-15-00005-P ...... exempt The modification of New York American Whether to adopt the terms of the Joint Water's current rate plan Proposal submitted by NYAW and DPS Staff

PSC-23-15-00006-P ...... exempt The modification of New York American Whether to adopt the terms of the Joint Water's current rate plan Proposal submitted by NYAW and DPS Staff

PSC-23-15-00007-P ...... exempt Notice of Intent to Submeter electricity To consider the request of 200 W. 54 Corp. to submeter electricity at 200 West 54th Street, New York, New York

PSC-24-15-00011-P ...... exempt To consider adopting the recommendations of To consider the Staff Report on, and the Staff Report on addressing energy recommendations of, best practices for affordability for low income programs implementing utility low income programs

PSC-25-15-00008-P ...... exempt Notice of Intent to Submeter electricity. To consider the request of 165 E 66 Residences, LLC to submeter electricity at 165 East 66th Street, New York, New York.

53 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-26-15-00014-P ...... exempt To consider the request for partial waiver of To consider the request for partial waiver of the the energy audit requirements in 16 NYCRR energy audit requirements in 16 NYCRR Section Section 96.5(k) 96.5(k)

PSC-26-15-00016-P ...... exempt Petition to Submeter electricity To consider the request of 39 Plaza Housing Corporation to submeter electricity at 39 Plaza Street West, Brooklyn, New York

PSC-27-15-00014-P ...... exempt Authorization for NYAW to accrue interest on To allow NYAW to accrue interest on internal internal reserve debit balances reserve debit balances

PSC-28-15-00006-P ...... exempt The minor electric rate filing of Mohawk Whether to increase Mohawk Municipal Municipal Commission Commission's annual electric revenues by approximately $113,119 or 13.74%

PSC-29-15-00018-P ...... exempt Approval of ratemaking related to amendment To approve or reject the ratemaking aspects of a certificate of public convenience and SLG's petition to amend its certificate of public necessity convenience and necessity

PSC-29-15-00023-P ...... exempt Notice of Intent to Submeter electricity To consider the request of Bridge Land Hudson LLC to submeter electricity at 261 Hudson Street, New York, New York

PSC-29-15-00025-P ...... exempt Joint Petition for authority to transfer real Whether to authorize the proposed transfer of property located at 624 West 132nd Street, real property located at 624 West 132nd Street, New York, NY New York, NY

PSC-31-15-00007-P ...... exempt Plan to convert petroleum pipeline into a Whether to approve the proposed conversion natural gas pipeline plan submitted by NIC Holding Corp

PSC-32-15-00005-P ...... exempt Petition for rehearing of the Order Adopting To consider a petition for rehearing of the Order Dynamic Load Management Filings with Adopting Dynamic Load Management Filings Modifications with Modifications

PSC-32-15-00006-P ...... exempt Development of a Community Solar To approve the development of a Community Demonstration Project. Solar Demonstration Project.

PSC-32-15-00007-P ...... exempt Approval of cost recovery and incentive To approve the cost recovery and incentive mechanisms for the NWA Project. mechanisms for the NWA Project.

PSC-32-15-00012-P ...... exempt Proposed standards for Commission oversight To consider proposed standards for Commission of Distributed Energy Resource suppliers. oversight of Distributed Energy Resource suppliers.

PSC-33-15-00008-P ...... exempt Existing ratemaking, rate design and regulatory To use the Commission's ratemaking authority practices will be revised with a focus on to foster a DER-intensive system. outcomes and incentives.

PSC-33-15-00009-P ...... exempt Remote net metering of a demonstration To consider approval of remote net metering of community net metering program. a demonstration community net metering program.

PSC-33-15-00012-P ...... exempt Remote net metering of a Community Solar To consider approval of remote net metering of Demonstration Project. a Community Solar Demonstration Project.

PSC-34-15-00021-P ...... exempt Petition by NYCOM requesting assistance with To consider the petition by NYCOM requesting obtaining information on CLECs and ESCOs assistance with obtaining information on CLECs and ESCOs

PSC-35-15-00008-P ...... exempt Major electric revenue increase To consider an increase to its annual electric revenues by approximately $857,227 or 6.2%

54 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-35-15-00010-P ...... exempt Notice of Intent to Submeter Electricity To consider the request of 605 West 42nd Owner LLC to submeter electricity at 605 West 42nd Street, New York, New York

PSC-35-15-00011-P ...... exempt Demand based Standby Service Charges To consider a revision to demand based levied upon Offset Tariff customers accounts Standby Service Charges levied upon Offset Tariff customers accounts

PSC-35-15-00014-P ...... exempt Consideration of consequences against Light To consider consequences against Light Power Power & Gas, LLC for violations of the UBP & Gas, LLC for violations of the UBP

PSC-37-15-00006-P ...... exempt Major electric rate filing To consider an increase in NYSEG's electric delivery revenues by approximately $122 million or 16.8%

PSC-37-15-00007-P ...... exempt Submetered electricity To consider the request of 89 Murray Street Ass. LLC, for clarification of the submetering order issued December 20, 2007

PSC-37-15-00008-P ...... exempt Major gas rate filing To consider an increase in NYSEG's gas delivery revenues by approximately $36.3 million or 19.1%

PSC-37-15-00009-P ...... exempt Major electric rate filing To consider an increase in RG&E's electric delivery revenues by approximately $53 million or 12.1%

PSC-37-15-00010-P ...... exempt Major gas rate filing To consider an increase in RG&E's gas delivery revenues by approximately $21.8 million or 31.1%

PSC-38-15-00008-P ...... exempt Notice of Intent to submeter electricity To consider the request of Community Counseling and Mediation to submeter electricity at 226 Linden Blvd., Brooklyn, New York

PSC-39-15-00010-P ...... exempt Major gas revenue increase To consider an increase to its annual gas revenues by approximately $1,228,000 or 2.96%

PSC-39-15-00011-P ...... exempt A joint proposal filed on September 9, 2015 Resolution of Cases 09-M-0114 and 09-M- 0243 regarding alleged imprudent contractor- related construction expenditures

PSC-39-15-00012-P ...... exempt Petition to submeter electricity To consider the request of 47 East 34th Street (NY), L.P., to submeter electricity at 49 East 34th Street New York, New York

PSC-40-15-00012-P ...... exempt Establishment of the regulatory regime Consideration of approval of a lightened applicable to an approximately 106 MW regulatory regime for an approximately 106 MW electric generating facility electric generating facility

PSC-40-15-00013-P ...... exempt Issuance by Niagara Mohawk Power To consider a petition for authority to issue Corporation d/b/a National Grid of Long-Term long-term indebtedness in the amount of up to indebtedness of up to $2.07 billion $2.07 billion until March 31, 2020

PSC-40-15-00014-P ...... exempt Whether to permit the use of the Open Way To consider the use of the Open Way 3.5 3.5 with cellular communications electric meter, pursuant to 16 NYCRR Parts 92 and 93

PSC-41-15-00004-P ...... exempt Whether to permit the use of the Enetics NILM To consider permitting the use of the Enetics Recorders NILM Recorders

55 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-41-15-00005-P ...... exempt Intergrow disputes National Grid's revenue To consider whether the revenue assurance assurance calculations National Grid is requiring of Intergrow for the new interconnection is appropriate

PSC-41-15-00007-P ...... exempt The allocation of costs for the extension of Whether to grant the complaint of Glenwyck electric service Development, LLC

PSC-41-15-00009-P ...... exempt Main Tier of the Renewable Portfolio Standard To consider allocating funding from the Main program Tier to an eligible hydroelectric facility

PSC-41-15-00011-P ...... exempt Deferral of incremental costs incurred in 2014 To consider a petition by Con Edison to defer associated with increased gas leak response certain incremental costs associated with gas and repair activities leak response and repair activities

PSC-42-15-00006-P ...... exempt Deferral of incremental expenses associated Consideration of Central Hudson's request to with NERC's new Bulk Electric System (BES) defer incremental expenses associated with new compliance requirements approved by FERC. BES compliance requirements.

PSC-42-15-00007-P ...... exempt Notice of Intent to submeter electricity. To consider the request of Sandy Clarkson LLC to submeter electricity at 310 Clarkson Avenue, Brooklyn, New York.

PSC-42-15-00010-P ...... exempt Petition for modification of Con Edison's S.C. To consider modifications to S.C. No. 4 of Con No. 4 (Back-up/Supplementary) Steam Edison's Schedule for Steam Service. Service.

PSC-42-15-00012-P ...... exempt Establishment of the regulatory regime Consideration of a lightened regulatory regime applicable to a proposed natural gas pipeline for a proposed natural gas pipeline facility. facility.

PSC-42-15-00013-P ...... exempt Annual Reconciliation of Gas Expenses and The filings of various LDCs and municipalities Gas Cost Recoveries. regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries.

PSC-44-15-00025-P ...... exempt Distributed System Implementation Plan To consider DPS Staff's proposal regarding the Guidance filing of Distributed System Implementation Plans by utilities

PSC-44-15-00026-P ...... exempt Transfer of water supply assets. To consider the transfer of the water supply assets of Beekman Water Company, Inc. to the Town of East Fishkill.

PSC-44-15-00028-P ...... exempt Deferral of incremental expenses associated Consideration of Central Hudson's request to with new compliance requirements defer incremental expenses associated with new compliance requirements

PSC-44-15-00030-P ...... exempt System Improvement Plan mechanism To consider Bath's petition to implement a SIP mechanism

PSC-45-15-00010-P ...... exempt Notice of Intent to submeter electricity. To consider the request of One Vandam Condominium to submeter electricity at 180 Avenue of the Americas, New York, New York.

PSC-47-15-00008-P ...... exempt Notice of Intent to Submeter electricity To consider the request of 150 Charles Street Holdings LLC to submeter electricity at 150 Charles Street, New York, New York

PSC-47-15-00009-P ...... exempt Addition of LED options to NMPC's SC No. 2 in To consider the addition of LED options to its street lighting schedule, P.S.C. No. 214 - NMPC's SC No. 2 in its street lighting schedule, Electricity P.S.C. No. 214 - Electricity

56 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-47-15-00010-P ...... exempt Use of the AMETEK JEMStar II Digital Power To consider permitting the use of AMETEK Meter Power Instrument's JEMStar II Digital Power Meter for electric metering applications

PSC-47-15-00012-P ...... exempt Reimbursement of costs for construction under To determine proper reimbursement for costs 16 NYCRR 230 related to trenching and construction

PSC-47-15-00013-P ...... exempt Whitepaper on Implementing Lightened Consider Whitepaper on Implementing Lightened Ratemaking Regulation. Ratemaking Regulation.

PSC-47-15-00014-P ...... exempt The calculation of NYSEG and RG&E's Percent To consider a petition by NYSEG and RG&E to of Estimate customer service quality metric for normalize the February 2015 level of meter February 2015. reading estimates.

PSC-47-15-00015-P ...... exempt Petition to transfer and merge telephone and Consider the the proposed acquisition of cable systems, franchises and assets and Cablevision, its systems, franchises and assets, issue debt. by Altice and the issuance of debt.

PSC-48-15-00010-P ...... exempt Lightened and incidental regulation of a 55 MW Consider the lightened and incidental regulation electric and steam generating facility. of a 55 MW electric and steam generating facility.

PSC-48-15-00011-P ...... exempt Proposal to retire Huntley Units 67 and 68 on Consider the proposed retirement of Huntley March 1, 2016. Units 67 and 68.

PSC-49-15-00009-P ...... exempt Petition for rehearing of the Order Establishing To consider a Petition for rehearing of the Order Interim Ceilings on the Interconnection of Net Establishing Interim Ceilings on the Metered Generation Interconnection of Net Metered Generation

PSC-50-15-00006-P ...... exempt The reduction of rates. To consider the reduction of rates charged by Independent Water Works, Inc.

PSC-50-15-00007-P ...... exempt Collaborative Report on proposed consumer To consider the Collaborative Report on protections for the low income customers of proposed consumer protections for the low energy services companies. income customers of energy services companies.

PSC-50-15-00008-P ...... exempt The transfer of 1,064 utility poles. To consider the transfer of 1,064 utility poles from Orange and Rockland Utilities, Inc. to Frontier Communications Corp.

PSC-50-15-00009-P ...... exempt Notice of Intent to submeter electricity. To consider the request to submeter electricity at 31-33 Lincoln Road and 510 Flatbush Avenue, Brooklyn, New York.

PSC-51-15-00010-P ...... exempt Modification of the EDP To consider modifying the EDP

PSC-51-15-00011-P ...... exempt National Grid's electric Economic Development To consider modifications to the economic Programs development assistance to qualified businesses

PSC-51-15-00013-P ...... exempt Waiver of the rule requiring new electric lines To consider a waiver of the rule requiring new to be constructed underground in residential electric lines to be constructed underground in subdivisions residential subdivisions

PSC-52-15-00014-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of EO 180 Water LLC to submeter electricity at 180 Water Street, New York, New York.

PSC-52-15-00015-P ...... exempt Consequences pursuant to the Commission's To consider whether to impose consequences Uniform Business Practices (UBP). on Astral for its apparent non-compliance with Commission requirements.

57 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-52-15-00016-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of G-Z/10 UNP Realty, LLC to submeter electricity at 823 First Avenue, New York, New York.

PSC-01-16-00002-P ...... exempt Revenue assurance calculations To consider whether the revenue assurance National Grid is requiring of Tiashoke for the upgraded service is appropriate

PSC-01-16-00003-P ...... exempt Deferral of expenses To consider a petition for the deferral of expenses

PSC-01-16-00004-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 10 Madison Square West to submeter electricity at 10 Madison Square West, New York, NY

PSC-01-16-00005-P ...... exempt Proposed amendment to Section 5, Attachment To consider amendment to Section 5, 1.A of the Uniform Business Practices Attachment 1.A of the Uniform Business Practices

PSC-02-16-00007-P ...... exempt The application of the earnings sharing To consider Orange and Rockland Utilities, Inc.'s mechanism related to a partial year period. petition to address the application of the earnings sharing mechanism.

PSC-02-16-00008-P ...... exempt Establishment of the regulatory regime and Consideration of a lightened regulatory regime financing applicable to certain electric and financing for certain electric transmission transmission facilities. facilities.

PSC-02-16-00009-P ...... exempt Proposed revisions to SC Nos. 1 and 2 to To consider revisions to SC Nos. 1 and 2 to include net metering services for solar and include net metering services for solar and wind wind generation. generation.

PSC-02-16-00012-P ...... exempt NYSEG's procedures, terms and conditions of Provide additional economic development its Targeted Financial Assistance Program. program assistance for a new manufacturing facility.

PSC-03-16-00006-P ...... exempt A proposal to use certain deferred credits to To consider the use of certain deferred credits offset costs associated with incremental capital to offset costs associated with capital expenditures expenditures and other related relief

PSC-03-16-00007-P ...... exempt Petition to submeter electricity To consider the Petition of Longhouse Cooperative to submeter electricity at 772 Elm Street Extension, Ithaca, New York

PSC-03-16-00008-P ...... exempt Petition to submeter electricity To consider the request of 910 Fifth Avenue Corporation to submeter electricity at 910 Fifth Avenue, New York, New York

PSC-04-16-00007-P ...... exempt Whether Hamilton Municipal Utilities should be Consideration of the petition by Hamilton permitted to construct and operate a municipal Municipal Utilities to construct and operate a gas distribution facility. municipal gas distribution facility.

PSC-04-16-00008-P ...... exempt Clean Energy Standard To consider funding for renewable and other non-emitting electric generation facilities

PSC-04-16-00009-P ...... exempt Central Hudson's remote net metering Consider Central Hudson's remote net metering qualification requirements and application qualification requirements and application process for farms. process for farms.

PSC-04-16-00010-P ...... exempt Proposed revisions to add and clarify To consider revisions to SC No. 14 and align the provisions related to electric generators under electric generator provisions with its downstate SC No. 14. companies, KEDLI and KEDNY.

58 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-04-16-00011-P ...... exempt Investigation that certain practices of Central To consider the Petition of Nobody Leaves Mid- Hudson Gas and Electric Corporation resulted Hudson to investigate Central Hudson for claims in violations of HEFPA. of HEFPA violations.

PSC-04-16-00012-P ...... exempt Proposal to mothball three gas turbines located Consider the proposed mothball of three gas at the Astoria Gas Turbine Generating Station. turbines located at the Astoria Gas Turbine Generating Station.

PSC-04-16-00013-P ...... exempt Proposal to find that three gas turbines located Consider whether three gas turbines located at at the Astoria Gas Turbine Generating Station the Astoria Gas Turbine Generating Station are are uneconomic. uneconomic.

PSC-04-16-00014-P ...... exempt Extension of the monetary crediting period to To consider extending the monetary crediting thirty years for four specified photovoltaic period to thirty years for four specified projects. photovoltaic projects.

PSC-04-16-00015-P ...... exempt Minor electric rate filing. To consider the Village of Fairport's proposed increase in annual electric revenues by approximately $464,440 or 2.49%.

PSC-05-16-00004-P ...... exempt Sale of certain transmission project assets To consider the sale of assets from Con Edison from Con Edison and O&R to NY Transco and O&R to NY Transco

PSC-05-16-00005-P ...... exempt Sale of certain assets relating to the Fraser to To consider the sale of assets from NYSEG to Coopers Corner transmission project from the NY Transco NYSEG to the NY Transco

PSC-06-16-00007-P ...... exempt Transfer of water supply assets. To consider the sale of water supply assets of Northeast Water Services to Suez Water Owego-Nichols, Inc.

PSC-06-16-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 31 Lincoln Road Development LLC to submeter electricity at 31-33 Lincoln Road, Brooklyn, NY.

PSC-06-16-00009-P ...... exempt Minor water rate filing. To consider an increase in Rainbow Water Company, Inc.'s annual water revenues by approximately $16,248 or 20.7%.

PSC-06-16-00010-P ...... exempt Lakewood disputes National Grid's revenue To consider whether the revenue assurance assurance calculations, specifically the duration National Grid is requiring of Lakewood for the used. new interconnection is appropriate.

PSC-06-16-00011-P ...... exempt Continuation of lightened regulation for electric To consider the continuation of lightened generating plant. regulation for electric generating plant.

PSC-06-16-00012-P ...... exempt Inclusion of a Farm and Food Community To consider the inclusion of a Farm and Food program in the community distributed Community program in the community generation program. distributed generation program.

PSC-06-16-00013-P ...... exempt Continued deferral of approximately To consider the continued deferral of $16,000,000 in site investigation and approximately $16,000,000 in site investigation remediation costs. and remediation costs.

PSC-06-16-00014-P ...... exempt MEGA's proposed demonstration CCA To consider MEGA's proposed demonstration program. CCA program.

PSC-06-16-00015-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 31 Lincoln Road Development LLC to submeter electricity at 510 Flatbush Ave., Brooklyn, NY.

59 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-07-16-00015-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 20 Lafayette LLC to submeter electricity at 286 Ashland Place, Brooklyn, New York

PSC-07-16-00016-P ...... exempt Use of the Electro Industries Shark 200 To consider the use of the Electro Industries electric submeter in residential applications Shark 200 submeter

PSC-07-16-00017-P ...... exempt To modify the retail access program under SC To consider changes to the retail access No. 8 - Seller Services program to implement Tier 2A - Storage Capacity Release and other tariff revisions

PSC-07-16-00018-P ...... exempt The use of the Open Way Centron 3.5 To consider the use of the Itron Open Way commercial meter, with 4G LTE cellular or Centron 3.5 meter modem communications for electric metering

PSC-07-16-00019-P ...... exempt Conversion of P.S.C. No. 1 to an electronic To consider conversion of P.S.C. No. 1 to an format and add a provision to its Service electronic format and add a provision to its Classification No.1 Service Classification No.1

PSC-07-16-00020-P ...... exempt To modify the retail access program under SC To consider changes to the retail access No. 19 - Seller Transportation Aggregation program to implement Tier 2A – Storage Service Capacity Release and other tariff revisions

PSC-07-16-00021-P ...... exempt NYSEG's request to collect funding for natural To consider NYSEG's request to collect funding gas Energy Efficiency Portfolio Standard for natural gas Energy Efficiency Portfolio programs Standard programs

PSC-08-16-00006-P ...... exempt Examination of terms and conditions of utility To consider the terms and conditions of utility service received by Fastrac Markets, LLC. service received by Fastrac Markets, LLC.

PSC-08-16-00007-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of BOP MW Residential Market LLC and BOP MW Residential Affordable LLC to submeter electricity.

PSC-09-16-00003-P ...... exempt Long-term loan agreement To consider Fishers Island's petition to enter into a long-term loan agreement

PSC-09-16-00004-P ...... exempt Stock Acquisition To consider the acquisition of the stock of Bristol Water-Works Corporation by Bristol Harbour Resort Management LLC

PSC-10-16-00007-P ...... exempt To propose revisions to the Dynamic Load To consider revisions to the Dynamic Load Management Programs. Management Programs.

PSC-10-16-00008-P ...... exempt To propose revisions to the Dynamic Load To consider revisions to the Dynamic Load Management Programs. Management Programs.

PSC-10-16-00009-P ...... exempt To propose revisions to the Dynamic Load To consider revisions to the Dynamic Load Management Programs. Management Programs.

PSC-10-16-00010-P ...... exempt Stock Acquisition To consider the acquisition of the stock of Whistle Tree Development Corporation by Scribners Catskill Lodge, LLC.

PSC-10-16-00011-P ...... exempt Petition to issue and sell unsecured debt To consider Con Edison's request to issue and obligations. sell unsecured debt obligations.

PSC-10-16-00012-P ...... exempt To revise the method of calculating capacity To consider tariff changes that revise the charges for customers billed under Rider M - method of calculating capacity charges for Day-Ahead Hourly Pricing (Rider M). customers billed under Rider M.

60 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-10-16-00013-P ...... exempt To propose revisions to the Dynamic Load To consider revisions to the Dynamic Load Management Programs. Management Programs.

PSC-10-16-00014-P ...... exempt To propose revisions to the Dynamic Load To consider revisions to the Dynamic Load Management Programs. Management Programs.

PSC-10-16-00016-EP ...... exempt Safety of water supply To ensure safe water supply through compliance with county Department of Health recommendations

PSC-11-16-00007-P ...... exempt Petition to eliminate quarterly reporting on To consider the request of National Fuel Gas to electronic deferred payment agreements eliminate quarterly reporting on electronic deferred payment agreements

PSC-11-16-00008-P ...... exempt Proposed zero-emissions credits purchase To avoid adverse air emissions from fossil- program regarding certain nuclear power plants fueled generation that would replace nuclear generation

PSC-11-16-00010-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00011-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00012-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00013-P ...... exempt Leakage survey and corrosion inspection To establish protocols and timeframes for requirements completing leakage surveys and corrosion inspections on gas service lines

PSC-11-16-00014-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00015-P ...... exempt To establish a process to facilitate the transfer To consider the establishment of a process to of complete systems of street lighting facilitate the transfer of complete systems of equipment street lighting equipment

PSC-11-16-00016-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 504 Myrtle Residential Owner LLC to submeter electricity at 504 Myrtle Avenue, Brooklyn, NY

PSC-11-16-00017-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 140 West Street Condominium to submeter electricity at 100 Barclay Street, New York, NY

PSC-11-16-00018-P ...... exempt Rolling Meadows Water Corporation's rates for To consider an increase in Rolling Meadows the provision of water Water Corporation's annual water revenues by approximately $169,841 or 34.05%

PSC-11-16-00019-P ...... exempt Lease of real property To consider whether to grant authority to NYSEG to lease a portion of certain real property to Columbia Memorial Hospital

PSC-12-16-00003-P ...... exempt The use of the GE Energy low voltage To consider the use of the GE Energy low transformers voltage transformers

61 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-12-16-00004-P ...... exempt The option to opt out of using an AMR device, To consider the option to opt out of using an and substitute an electro-mechanical meter, at AMR device, and substitute an electro- no additional charge mechanical meter, at no additional charge

PSC-12-16-00005-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of 3475 Third Avenue Owner Realty LLC to submeter electricity at 3475 Third Avenue, Bronx, NY

PSC-12-16-00006-P ...... exempt Use of Arteche transformers in commercial To consider the use of Arteche transformers applications

PSC-12-16-00007-P ...... exempt Deferral of incremental costs incurred in 2015 To consider a petition by Con Edison to defer associated with increased gas leak response certain incremental costs associated with gas and repair activities leak response and repair activities

PSC-12-16-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of Promenade Global LLC to submeter electricity at 150 West 225th Street, Bronx, New York.

PSC-13-16-00007-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent to submeter electricity at 131-05, 131-03 and 131-01 40th Road, Flushing, New York

PSC-13-16-00008-P ...... exempt Standby rate exemption for Offset Tariff Consideration of the standby rate exemption for customers Offset Tariff customers

PSC-13-16-00009-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of Franklin Place Condominium to submeter electricity at 5 Franklin Place, New York, New York

PSC-13-16-00010-P ...... exempt Transfer of a 1985 Bell 206L-3 helicopter To consider the transfer of a 1985 Bell 206L-3 helicopter from NMPC to Fly Hangar 13, LLC

PSC-13-16-00011-P ...... exempt Transfer of stock To consider the sale of all outstanding Crystal Water Corp. stock to Bruce McNab

PSC-14-16-00006-P ...... exempt Revisions to S.C. No. 4 Back-Up/ To consider revisions to S.C. No. 4 Back-Up/ Supplementary Service related to contract Supplementary Service related to contract demand. demand.

PSC-14-16-00007-P ...... exempt Regulation of customer name changes on To consider regulation of customer name pending interconnection applications for changes on pending interconnection applications grandfathered projects. for grandfathered projects.

PSC-14-16-00008-P ...... exempt Resetting retail markets for ESCO mass To ensure consumer protections with respect to market customers. residential and small non-residential ESCO customers.

PSC-15-16-00010-P ...... exempt Proposed financial incentives for projects To consider financial incentives for projects undertaken through the Targeted Demand undertaken through the Targeted Demand Management program Management program

PSC-15-16-00011-P ...... exempt Transfer of certain cable television facilities and To consider the transfer of certain cable franchises from SCCC to Zito New York, LLC television facilities and franchises from SCCC to Zito New York, LLC

PSC-15-16-00012-P ...... exempt Adequate service of Verizon New York, Inc. To consider the adequacy of Verizon New York Inc.'s service quality

PSC-15-16-00013-P ...... exempt Waiver of certain Commission requirements To consider a waiver of certain Commission related to the distribution of telephone requirements related to the distribution of directories telephone directories

62 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION PSC-15-16-00014-P ...... exempt Establishment of SC No.7-Purchase of To consider the establishment of SC No. 7 - Renewable Energy from New Distributed Purchase of Renewable Energy from New Generators Distributed Generators

PSC-15-16-00015-P ...... exempt Notice of Intent to submeter electricity To consider the Notice of Intent of IGI-GGP Renwick LLC to submeter electricity at 15 Renwick Street, New York, New York

PSC-16-16-00003-P ...... exempt Waiver and/or clarification of certain To consider a waiver and/or clarification of Commission requirements related to certain Commission requirements related to distribution of telephone directories. distribution of telephone directories.

PSC-16-16-00004-P ...... exempt Utility Codes of Conduct for affiliate To update and/or modify utility codes of interactions. conduct in anticipation of changes related to evolving Commission policies.

PSC-16-16-00005-P ...... exempt A Clean Energy Standard - Tier 3. To avoid adverse air emissions related to fossil fuel fired electricity generation and support upstate nuclear facilities.

PSC-16-16-00006-P ...... exempt A Clean Energy Standard - Tier 1 and Tier 2. To avoid adverse air emissions related to fossil fuel fired electricity generation and promote renewable sources of electricity.

PSC-17-16-00004-P ...... exempt Major electric rate filing To consider an increase in Con Edison's electric delivery revenues of approximately $482 million or 9.5%

PSC-17-16-00005-P ...... exempt Major gas rate filing To consider an increase in KEDNY's gas delivery revenues by approximately $290 million or 32%

PSC-17-16-00006-P ...... exempt A proposal to revise General Rule 20 Standby To consider proposed tariff revisions related to Service standby service multi-party offset under General Rule 20

PSC-17-16-00007-P ...... exempt Major gas rate filing To consider an increase in Con Edison's gas delivery revenues of approximately $154 million or 13.4%

PSC-17-16-00008-P ...... exempt Major gas rate filing To consider an increase in KEDLI's gas delivery revenues by approximately $175 million or 27%

ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY

RGT-04-16-00002-P ...... 01/26/17 Identifies prohibited conduct, consequences of To provide rules governing prohibited conduct to prohibited conduct, and the available appeals enhance the safety of the public using RGRTA's process transportation services

STATE, DEPARTMENT OF

DOS-22-15-00017-P ...... 06/02/16 Facility requirements for businesses which Increase ventilation standards for businesses offer appearance enhancement services which offer appearance enhancement services

DOS-10-16-00020-P ...... 03/09/17 Unlawful discriminatory practice by brokers To discourage invidious discrimination in making and salespersons housing accommodations available to the public

DOS-15-16-00017-EP ...... 04/13/17 Educational standards and requirements for To expeditiously make available a course of nail trainees study for nail trainees

63 Action Pending Index NYS Register/April 27, 2016 Agency I.D. No. Expires Subject Matter Purpose of Action

STATE UNIVERSITY OF NEW YORK

SUN-38-15-00002-P ...... 09/22/16 Proposed amendments to traffic and parking Amend existing regulations to update traffic and regulations at State University of New York parking regulations University at Buffalo

TAXATION AND FINANCE, DEPARTMENT OF

TAF-10-16-00002-P ...... exempt Fuel use tax on motor fuel and diesel motor To set the sales tax component and the fuel and the art. 13-A carrier tax jointly composite rate per gallon for the period April 1, administered therewith 2016 through June 30, 2016

TAF-13-16-00005-EP ...... 03/30/17 Metropolitan Transportation Business Tax To provide metropolitan transportation business Surcharge tax rate for tax year 2016

TAF-13-16-00006-P ...... 03/30/17 Production of daily inventory records to the To provide the department access to relevant department, upon request, by those already existing data, in furtherance of the administration required to maintain such records of the Tax Law

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-20-15-00001-P ...... 05/19/16 Informationappropriate for victims of sexual To require social services districts to make all assault applicants for and recipients of public assistance aware of their option to receive information appropriate for victims of sexual assault consistent with Chapter 427 of the Laws of 2009

TDA-22-15-00005-P ...... 06/02/16 Supplemental Nutrition Assistance Program Update regulations for the Transitional Benefits Alternative program

TDA-27-15-00002-P ...... 07/07/16 Child support federal incentive payments To update State procedures to distribute federal child support incentives and allocate portions thereof to local districts

TDA-37-15-00005-P ...... 09/15/16 Monthly Shelter Supplements To update State regulations to reflect current State law

TDA-39-15-00016-P ...... 09/29/16 Temporary Housing Placements Adjust the rate approval process for temporary housing placements and expand the scope of inspections for such placements

TDA-45-15-00011-P ...... 11/09/16 Burden of proof at fair hearings challenging Clarify existing State regulations relative to fair Interim Assistance Reimbursement (IAR) hearings and render them consistent with New amounts York State court precedents

TDA-46-15-00005-P ...... 11/17/16 Storage of furniture and personal belongings Provide clarification regarding allowances for the storage of furniture and personal belongings

TDA-47-15-00004-P ...... 11/24/16 Child Support Program Amend regulatory requirements concerning the distribution and disbursement of child support collections

TDA-06-16-00016-EP ...... 02/09/17 Emergency shelters Emergency measures concerning shelters

TRANSPORTATION, DEPARTMENT OF

TRN-47-15-00002-P ...... 11/24/16 Various regulations addressing accident Updates to regulations addressing accident reporting, record retention, insurance, vehicle reporting, record retention, insurance, vehicle inspection and equipment identification inspection, equipment identification

TRN-48-15-00005-P ...... 12/01/16 Updates to various household goods provisions Updates various household goods provisions

64 NYS Register/April 27, 2016 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

TBA-08-16-00005-P ...... 02/23/17 Proposal to strengthen toll violation To deter toll evasion enforcement on TBTA bridges and tunnels

WORKERS’ COMPENSATION BOARD

WCB-45-15-00019-P ...... 11/09/16 Stipulations To streamline the process for parties to enter into stipulations in workers' compensation proceedings

WCB-45-15-00020-P ...... 11/09/16 Requests for Administrative Review To clarify the proecss for requesting administrative review and full Board review including requests for reconsideration

WCB-45-15-00021-P ...... 11/09/16 Convene Board hearings by electronic means Permit the Chair to convene Board hearings by electronic means

WCB-45-15-00023-P ...... 11/09/16 Permitted expenses for funerals To increase the permitted amount for reimbursement of funeral and memorial services for work related deaths

WCB-45-15-00025-P ...... 11/09/16 Medical Treatment Guideline variances Permit the Chair to require submission of variance requests via an electronic medical portal

WCB-45-15-00026-P ...... 11/09/16 Medical Authorizations Permit the Chair to require submission of medical authorization requests via an electronic medical portal

WCB-45-15-00027-P ...... 11/09/16 Medical Treatment Guideline optional prior Change the time to respond from business days approval to calendar days

GUIDANCE DOCUMENTS

Not less than once each year, every agency shall submit to the Secretary of State for publication in the State Register a list of all Guidance Documents on which the agency currently relies [SAPA, section 202-e(1)]. However, an agency may be exempted from compliance with the requirements of SAPA section 202-e(1) if the agency has published on its website the full text of all Guidance Documents on which it currently relies [SAPA, section 202-e(2)].

Office of Children and Family Services

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Department of Corrections and Community Supervision The Department of Corrections and Community Supervision has published the full text of all guidance documents on which said agency currently relies on at the following website: http://www.doccs.ny.gov/ Directives/directives.html

154 SECURITIES OFFERINGS

STATE NOTICES Coldwater Safari, LP 19109 Tilden Rd., Hiram, OH 44234 Published pursuant to provisions of General Business Law Partnership — Kepich Kleppan, LLC [Art. 23-A, § 359-e(2)] DAD New York Holdings, LP DEALERS; BROKERS 255 Alhambra Circle, Suite 760, Coral Gables, FL 33134 State or country in which incorporated — Delaware

1818 Partners LP Emergent Capital, Inc. 140 Broadway, New York, NY 10005 701 Park of Commerce Blvd., Suite 301, Boca Raton, FL 33487 Partnership — Brown Brothers Harriman & Co. State or country in which incorporated — Florida

AccelFoods Fund II, L.P. Envoy Net Lease Partners, LLC 205 E. 42nd St., 20th Fl., New York, NY 10017 1363 Shermer, Suite 309, Northbrook, IL 60062 Partnership — AccelFood Fund II GP, LLC State or country in which incorporated — Delaware limited liability company Admiral Sports Ventures LLC 1150 N. Loop 1604 W, Suite 108-505, San Antonio, TX 78248 State or country in which incorporated — Delaware FS Global Credit Opportunities Fund - ADV 201 Rouse Blvd., Philadelphia, PA 19112 Aracle SPF IV, LLC State or country in which incorporated — Delaware One Penn Plaza, Suite 2411, New York, NY 10119 State or country in which incorporated — Delaware FS Global Credit Opportunities Fund - T 201 Rouse Blvd., Philadelphia, PA 19112 Aragon Multi-Family Fund V, L.P. State or country in which incorporated — Delaware c/o Aragon Fund V GP, LLC, 10880 Wilshire Blvd., Suite 2090, Los Angeles, CA 90024 GEM Realty Fund VI, L.P. Partnership — Aragon Fund V GP, LLC 900 N. Michigan Ave., Suite 1450, Chicago, IL 60611 Aristides Fund QP Partnership — GEM Realty Managers VI, L.P. c/o Aristides Capital LLC, 25 S. Huron St., Suite 2A, Toledo, OH 43604 GEM Realty Fund VI-A, L.P. Partnership — Aristides Capital LLC 900 N. Michigan Ave., Suite 1450, Chicago, IL 60611 Partnership — GEM Realty Managers VI, L.P. Auerbach Grayson & Company LLC 25 W. 45th St., #16, New York, NY 10036 Ground Round Independent Owners Cooperative, LLC 15 Main St., Suite 210, Freeport, ME 04032 BBR Series Opportunities LLC - Hedging Strategies Series 140 E. 45th St., 26th Fl., New York, NY 10017 State or country in which incorporated — Delaware GSF Healthcare I LLC 2539 Bedford St., Unit 38T, Stamford, CT 06905 Bewhere Holdings Inc. 6685 Tomken Rd., Suite 211, Mississauga, Ontario, CN L5T 2J6 Happy Inspector Inc. State or country in which incorporated — Canada 1000 Van Ness Ave., Level 3, San Francisco, CA 94109 State or country in which incorporated — Delaware BirchBioMed Inc. 130 Kingscross Dr., King City, Ontario, Canada L7B 1E6 Harbor Light Securities, LLC State or country in which incorporated — British Columbia 9325 Bay Plaza Blvd., Suite 205, Tampa, FL 33619 BR Four Corners Orlando, DST State or country in which incorporated — North Carolina limited li- 712 Fifth Ave., 9th Fl., New York, NY 10019 ability company

Caltius Partners V (SBIC), LP HC Government Realty Trust, Inc. 11766 Wilshire Blvd., Suite 850, Los Angeles, CA 90025 1819 Main St., Suite 212, Sarasota, FL 34236 Partnership — Caltius Partners V (SBIC) GP, LP State or country in which incorporated — Maryland

155 Securities Offerings NYS Register/April 27, 2016

Hedwig Touring Company LLC MLG/PF Chatham Co-Investor LLC c/o 101 Productions, Ltd., 260 W. 44th St., Suite 600, New York, NY Timothy J. Wallen, 13400 Bishops Lane, Suite 270, Brookfield, WI 10036 53005 State or country in which incorporated — Delaware limited liability State or country in which incorporated — Wisconsin company MLG/PF Lakewood Co-Investor LLC Incentive Active Value Fund, L.P. Timothy J. Wallen, 13400 Bishops Lane, Suite 270, Brookfield, WI c/o The Corporation Trust Company, Corporation Trust Center, 1209 53005 Orange St., Wilmington, DE 19801 State or country in which incorporated — Wisconsin Partnership — Incentive General Partner, LLC

Incentive Active Value Long Only Fund, L.P. NCP G.P. VI, L.P. c/o The Corporation Trust Company, Corporation Trust Center, 1209 c/o North Castle Partners, L.L.C., 183 E. Putnam Ave., Greenwich, Orange St., Wilmington, DE 19801 CT 06830 Partnership — Incentive General Partner, LLC Partnership — North Castle GP VI, L.L.C.

Incentive Investment Funds ICAV NCP G.P. VI-A, L.P. 2nd Fl., Beaux Lane House, Mercer St. Lower, Dublin 2, Ireland c/o North Castle Partners, L.L.C., 183 E. Putnam Ave., Greenwich, 00000 CT 06830 State or country in which incorporated — Ireland Partnership — North Castle GP VI, L.L.C.

Innovatus Flagship Fund I, LP Neiman Funds c/o Innovatus Flagship GP, LP, 777 Third Ave., 19th Fl., New York, 6631 Main St., Williamsville, NY 14221 NY 10017 State or country in which incorporated — Ohio Partnership — Innovatus Flagship GP, LP North Castle Partners VI, L.P. Jerica Commercial Real Estate Index Fund, LP c/o North Castle Partners, L.L.C., 183 E. Putnam Ave., Greenwich, 1540 Broadway, Suite 1530, New York, NY 10036 CT 06830 Partnership — Jerica Capital Advisors GP II, LLC Partnership — NCP G.P. VI, L.P.

Kyklos Capital Partners LP North Castle Partners VI-A, L.P. 1350 Avenue of the Americas, 2nd Fl., New York, NY 10019 c/o North Castle Partners, L.L.C., 183 E. Putnam Ave., Greenwich, Partnership — Kyklos Capital GP LLC CT 06830 Partnership — NCP G.P. VI-A, L.P. LBC Credit Partners IV, L.P. 103 Foulk Rd., Suite 213, Wilmington, DE 19803 Old Guys Investments, LLC Partnership — LBC Credi Funding IV, L.P. 8130 Boone Blvd., Suite 100, Vienna, VA 22182 State or country in which incorporated — Delaware Libertas Productions, LLC 212 E. 5th St., Brooklyn, NY 11218 Old Mutual plc Fifth Fl., Millennium Bridge House, 2 Lambeth Hill, London EC4V Lorin Capital Fund LP 4GG, United Kingdom 641 Lexington Ave., Suite 1530, New York, NY 10022 State or country in which incorporated — England Partnership — Lorin Capital GP, Ltd. Palm Terrace J-Dek Realty LLC Lorin Capital Offshore Fund Ltd. 31100 Solon Rd., Suite 9, Solon, OH 44139 c/o Intertrust Cayman, 190 Elgin Ave., George Town, Grand Cayman, Cayman Islands KY1-1205 Passco Capital, Inc. State or country in which incorporated — Cayman Islands 2050 Main St., Suite 650, Irvine, CA 92614 State or country in which incorporated — California Maestro Food Co. 100 W. Chestnut St., #2008, Chicago, IL 60610 Patient Insight, Inc. State or country in which incorporated — Delaware 5482 Wilshire Blvd., #159, Los Angeles, CA 90036 State or country in which incorporated — Delaware Makalu International Equity Fund, L.P. c/o Makalu General Partner, LLC, 205 E. 42nd St., 20th Fl., New PetroBridge South Louisiana Joint Venture York, NY 10017 17304 Preston Rd., Suite 730, Dallas, TX 75252 Partnership — Makalu General Partner, LLC Partnership — PetroBridge Energy, LLC

Marinus Opportunities Domestic Fund LP Private Equity Strategic Opportunities Fund III, L.P. 19 Old Kings Hwy. S, Suite 330, Darien, CT 06820 50 S. LaSalle St., Chicago, IL 60603 Partnership — Marinus Capital Partners LP Partnership — 50 South Capital Advisors, LLC

Marwyn Value Investors II LP Private Equity Strategic Opportunities Fund III (Offshore), L.P. Third Fl., South Tower, 29/31 Esplanade, St. Helier, Jersey, JE2 3QA 50 S. LaSalle St., Chicago, IL 60603 Partnership — Marwyn General Partner II Limited Partnership — 50 South Capital Advisors, LLC

Metarmor Inc. REI Energy 2016-A Income Fund, L.P. c/o Jennifer Seibert, 307 N. Polktown Rd., Glen Gardner, NJ 08826 1901 N. Central Expy., Suite 300, Richardson, TX 75080 State or country in which incorporated — South Dakota Partnership — REI Energy 2016-A Income Fund, L.P.

156 NYS Register/April 27, 2016 Securities Offerings

Reignger, Inc. 234 Center St., Staten Island, NY 10306 State or country in which incorporated — Delaware

Revon Systems, Inc. 6400 Westwind Way, Suite A, Crestwood, KY 40014 State or country in which incorporated — Delaware

Sandler O'Neill & Partners, L.P. 125 Avenue of the Americas, 6th Fl., New York, NY 10020 Partnership — Sandler O'Neill & Partners Corp.

Strains for Pains, Inc. 244 Fifth Ave., #2387, New York, NY 10001 State or country in which incorporated — New York

Summit Water Development, LLC c/o Summit Global Management, Inc., 9191 Towne Centre Dr., Suite 210, San Diego, CA 92122 Partnership — Summit Global Management, Inc.

T. Rowe Price International Funds, Inc. T. Rowe Price Global Consumer Fund 100 E. Pratt St., Baltimore, MD 21202 State or country in which incorporated — Maryland

Tap Resources LP 3100 Huron St., 4P, Denver, CO 80202 Partnership — Tap Resources Management LLC

Teachers Insurance and Annuity Association of America 730 Third Ave., New York, NY 10017 State or country in which incorporated — New York

Tuscan Isle ChampionsGate Holdings, LLC 105 W. Adams St., Suite 2700, Chicago, IL 60603

Ward Village Properties, LLC 1240 Ala Moana Blvd., Suite 200, Honolulu, HI 96814 State or country in which incorporated — Delaware

WHAM, Inc. 982 E. 9th St., Lockport, IL 60441 State or country in which incorporated — Florida

Worthington TPIII LLC 1816 11th Ave., Unit C, Seattle, WA 98122

Yeu Patch LLC 1211 W. 9th St., Apt. 507, Cleveland, OH 44113 State or country in which incorporated — Delaware limited liability company

157

ADVERTISEMENTS FOR BIDDERS/CONTRACTORS SEALED BIDS Contractor shall be prepared to proceed with the Work accordingly. Bidders are warned that time is of the essence of the Contract and completion of the Work must be within 175 days after the Agreement REHABILITATE is approved by the Comptroller. Due to the tightness of the construc- ROOF tion schedule, bidders should consider the necessity for an increased Mid-Hudson Psychiatric Center work force and shift operations. New Hampton, Orange County The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the Sealed bids for Project No. M3067-C, for Construction Work, project area will be at 10:00 a.m. on April 14, 2016 at Mid-Hudson Rehabilitate Roof, Building 5, Mid-Hudson Psychiatric Center, Route Psychiatric Center, Building 6, Route 17M, New Hampton, NY. Pro- 17M, New Hampton (Orange County), NY, will be received by the spective bidders are urged to visit the site at this time. Prospective bid- Office of General Services (OGS), Design & Construction Group ders or their representatives attending the pre-bid site visit will not be (D&C), Contract Administration, 35th Fl., Corning Tower, Empire admitted on facility grounds without proper photo identification. Note State Plaza, Albany, NY 12242, on behalf of the Office of Mental that parking restrictions and security provisions will apply and all Health, until 2:00 p.m. on Wednesday, April 27, 2016, when they will vehicles will be subject to search. be publicly opened and read. Each bid must be prepared and submitted in accordance with the Instructions to Bidders and must be ac- For assistance pertaining to the site visit only, please phone Robin companied by a certified check, bank check, or bid bond in the amount Griffiths (845) 365-0730 Ext. 101. of $32,000 for C. It is the policy of the State and the Office of General Services to All successful bidders on a multiple trade project or the successful encourage meaningful minority business enterprise participation in bidder with a bid over $200,000 on a single trade project, will be this project by contractors, subcontractors and suppliers who perform required to furnish a Performance Bond and a Labor and Material commercially useful functions under the Contract, and all bidders are Bond in the statutory form of public bonds required by Sections 136 expected to cooperate in implementing this policy. and 137 of the State Finance Law, each for 100% of the amount of the The Office of General Services reserves the right to reject any or all Contract estimated to be between $500,000 and $1,000,000 for C. The bids. requirement for Labor and Material and Performance Bonds may be The Bidding and Contract Documents for this Project are available waived on a bid under $200,000 on a single trade project. on compact disc (CD) only, and may be obtained for an $8.00 deposit Pursuant to State Finance Law § 139-j and § 139-k, this solicitation per set, plus a $2.00 per set shipping and handling fee. Contractors includes and imposes certain restrictions on communications between and other interested parties can order CD’s on-line through a secure OGS D&C and a bidder during the procurement process. A bidder is web interface available 24 hours a day, 7 days a week. Please use the restricted from making contacts from the earliest notice of intent to following link at the OGS website for ordering and payment solicit offers through final award and approval of the Procurement instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. Contract by OGS D&C and Office of the State Comptroller (“restricted For questions about purchase of bid documents, please send an period”) to other than designated staff unless it is a contact that is e-mail to [email protected], or call toll free at 1-877-647-7526. included among certain statutory exceptions set forth in State Finance For additional information on this project, please use the link below Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert and then click on the project number: https://online.ogs.ny.gov/dnc/ in the Bureau of Contract Awards, telephone (518) 474-0203, fax contractorConsultant/esb/ESBPlansAvailableIndex.asp. (518) 473-7862 and John Lewyckyj, Deputy Director of Design & Construction, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information when By John D. Lewyckyj, Deputy Director contacted during the restricted period and make a determination of the OGS - Design & Construction Group responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award REPLACE and in the event of two findings within a 4 year period, the bidder is TUMBLE CHILLER debarred from obtaining governmental Procurement Contracts. Bid- Cook Chill Production Center ders responding to this Advertisement must familiarize themselves Orangeburg, Rockland County with the new Legislative and State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the Sealed bids for Project No. Q1457-C, for Construction Work, bid form. Further information about these requirements can be found Replace Tumble Chiller, Building 144, Cook Chill Production Center, within the project manual or at: http://ogs.ny.gov/aboutogs/ 145 Old Orangeburg Road, Orangeburg (Rockland County), NY, will regulations/defaultAdvisoryCouncil.asp. be received by the Office of General Services (OGS), Design & As a condition of award, within 48 hours of receipt of the proposed Construction Group (D&C), Contract Administration, 35th Fl., Corn- Contract Agreement from the State, the low bidder shall return the ing Tower, Empire State Plaza, Albany, NY 12242, on behalf of the Contract Agreement to the State, properly executed, along with the Office of Mental Health, until 2:00 p.m. on Wednesday, April 27, Bonds if required by said Agreement. Low bidders who cannot meet 2016, when they will be publicly opened and read. Each bid must be these provisions may be subject to disqualification and forfeiture of prepared and submitted in accordance with the Instructions to Bidders the bid security. and must be accompanied by a certified check, bank check, or bid The State intends to expedite award of this Contract and the bond in the amount of $22,100 for C.

159 Advertisements for Bidders/Contractors NYS Register/April 27, 2016

Further, Wicks Exempt Projects require a completed BDC 59 be For additional information on this project, please use the link below filled out and submitted (included in a separate, sealed envelope) in and then click on the project number: https://online.ogs.ny.gov/dnc/ accordance with Document 002220, Supplemental Instructions to Bid- contractorConsultant/esb/ESBPlansAvailableIndex.asp. ders – Wicks Exempt. Failure to submit this form correctly will result in a disqualification of the bid. By John D. Lewyckyj, Deputy Director All successful bidders on a multiple trade project or the successful OGS - Design & Construction Group bidder with a bid over $200,000 on a single trade project, will be required to furnish a Performance Bond and a Labor and Material PROVIDE Bond in the statutory form of public bonds required by Sections 136 ELECTRICAL UPGRADES and 137 of the State Finance Law, each for 100% of the amount of the Department of Transportation Region 3 Contract estimated to be between $250,000 and $500,000 for C. The Seneca, Cayuga and Onondaga Counties requirement for Labor and Material and Performance Bonds may be waived on a bid under $200,000 on a single trade project. Sealed bids for Project Nos. 44892-P, 44892-E, comprising sepa- Pursuant to State Finance Law § 139-j and § 139-k, this solicitation rate contracts for Plumbing Work and Electrical Work, Provide Electrical Upgrades, Seneca, Cayuga and Onondaga Counties, Region includes and imposes certain restrictions on communications between 3, (Onondaga County), NY, will be received y the Office of General OGS D&C and a bidder during the procurement process. A bidder is Services (OGS), Design & Construction Group (D&C), Contract restricted from making contacts from the earliest notice of intent to Administration, 35th Fl., Corning Tower, Empire State Plaza, Albany, solicit offers through final award and approval of the Procurement NY 12242, on behalf of the Department of Transportation, until 2:00 Contract by OGS D&C and Office of the State Comptroller (“restricted p.m. on Wednesday, April 27, 2016, when they will be publicly period”) to other than designated staff unless it is a contact that is opened and read. Each bid must be prepared and submitted in accor- included among certain statutory exceptions set forth in State Finance dance with the Instructions to Bidders and must be accompanied by a Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert certified check, bank check, or bid bond in the amount of $6,100 for P in the Bureau of Contract Awards, telephone (518) 474-0203, fax and $24,300 for E. (518) 473-7862 and John Lewyckyj, Deputy Director of Design and All successful bidders on a multiple trade project or the successful Construction, telephone (518) 474-0201, fax (518) 486-1650. OGS bidder with a bid over $200,000 on a single trade project, will be D&C employees are also required to obtain certain information when required to furnish a Performance Bond and a Labor and Material contacted during the restricted period and make a determination of the Bond in the statutory form of public bonds required by Sections 136 responsibility of the bidder pursuant to these two statutes. Certain and 137 of the State Finance Law, each for 100% of the amount of the Contract estimated to be between $50,000 and $100,000 for P and be- findings of non-responsibility can result in rejection for contract award tween $250,000 and $500,000 for E. The requirement for Labor and and in the event of two findings within a 4 year period, the bidder is Material and Performance Bonds may be waived on a bid under debarred from obtaining governmental Procurement Contracts. Bid- $200,000 on a single trade project. ders responding to this Advertisement must familiarize themselves Pursuant to State Finance Law § 139-j and § 139-k, this solicitation with the new Legislative and State Finance Law requirements and will includes and imposes certain restrictions on communications between be expected to affirm that they understand and agree to comply on the OGS D&C and a bidder during the procurement process. A bidder is bid form. Further information about these requirements can be found restricted from making contacts from the earliest notice of intent to within the project manual or at: http://ogs.ny.gov/aboutogs/ solicit offers through final award and approval of the Procurement regulations/defaultAdvisoryCouncil.asp. Contract by OGS D&C and Office of the State Comptroller (“restricted The substantial completion date for this project is 240 days after the period”) to other than designated staff unless it is a contact that is Agreement is approved by the Comptroller. included among certain statutory exceptions set forth in State Finance The only time prospective bidders will be allowed to visit the job Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert site to take field measurements and examine existing conditions of the in the Bureau of Contract Awards, telephone (518) 474-0203, fax project area will be at 1:30 p.m. on April 14, 2016 at Cook Chill Pro- (518) 473-7862 and John Lewyckyj, Deputy Director of Design and duction Center, Main Entrance Lobby, 145 Old Orangeburg Road, Construction, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information when Orangeburg, NY. Prospective bidders are urged to visit the site at this contacted during the restricted period and make a determination of the time. Prospective bidders or their representatives attending the pre-bid responsibility of the bidder pursuant to these two statutes. Certain site visit will not be admitted on facility grounds without proper photo findings of non-responsibility can result in rejection for contract award identification. Note that parking restrictions and security provisions and in the event of two findings within a 4 year period, the bidder is will apply and all vehicles will be subject to search. debarred from obtaining governmental Procurement Contracts. Bid- For assistance pertaining to the site visit only, please phone Robin ders responding to this Advertisement must familiarize themselves Griffiths (845) 365-0730. with the new Legislative and State Finance Law requirements and will It is the policy of the State and the Office of General Services to be expected to affirm that they understand and agree to comply on the encourage meaningful minority business enterprise participation in bid form. Further information about these requirements can be found this project by contractors, subcontractors and suppliers who perform within the project manual or at: http://ogs.ny.gov/aboutogs/ commercially useful functions under the Contract, and all bidders are regulations/defaultAdvisoryCouncil.asp. expected to cooperate in implementing this policy. The substantial completion date for this project is 145 days after the Agreement is approved by the Comptroller. The Office of General Services reserves the right to reject any or all bids. The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the The Bidding and Contract Documents for this Project are available project area will be at 10:30 a.m. on April 15, 2016 at DOT Bridge on compact disc (CD) only, and may be obtained for an $8.00 deposit Crew Facility, Onondaga County, 5831 Butternut Drive, Dewitt, NY. per set, plus a $2.00 per set shipping and handling fee. Contractors Prospective bidders are urged to visit the site at this time. Prospective and other interested parties can order CD’s on-line through a secure bidders or their representatives attending the pre-bid site visit will not web interface available 24 hours a day, 7 days a week. Please use the be admitted on facility grounds without proper photo identification. following link for ordering and payment instructions: http:// Note that parking restrictions and security provisions will apply and www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. all vehicles will be subject to search. For questions about purchase of bid documents, please send an For assistance pertaining to the site visit only, please phone Jon e-mail to [email protected], or call toll free at 1-877-647-7526. Philips (315) 445-8128.

160 NYS Register/April 27, 2016 Advertisements for Bidders/Contractors

It is the policy of the State and the Office of General Services to The substantial completion date for this project is 180 days after the encourage meaningful minority business enterprise participation in Agreement is approved by the Comptroller. this project by contractors, subcontractors and suppliers who perform The only time prospective bidders will be allowed to visit the job commercially useful functions under the Contract, and all bidders are site to take field measurements and examine existing conditions of the expected to cooperate in implementing this policy. project area will be at 10:00 a.m. on April 14, 2016 at DOT Region 1, The Office of General Services reserves the right to reject any or all 4021 Main Street, Warrensburg, NY. Prospective bidders are urged to bids. visit the site at this time. Prospective bidders or their representatives The Bidding and Contract Documents for this Project are available attending the pre-bid site visit will not be admitted on facility grounds on compact disc (CD) only, and may be obtained for an $8.00 deposit without proper photo identification. Note that parking restrictions and per set, plus a $2.00 per set shipping and handling fee. Contractors security provisions will apply and all vehicles will be subject to search. and other interested parties can order CD’s on-line through a secure web interface available 24 hours a day, 7 days a week. Please use the For assistance pertaining to the site visit only, please phone Brandi following link at the OGS website for ordering and payment Cutter (518) 639-4013. instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. It is the policy of the State and the Office of General Services to For questions about purchase of bid documents, please send an encourage meaningful minority business enterprise participation in e-mail to [email protected], or call toll free at 1-877-647-7526. this project by contractors, subcontractors and suppliers who perform For additional information on this project, please use the link below commercially useful functions under the Contract, and all bidders are and then click on the project number: https://online.ogs.ny.gov/dnc/ expected to cooperate in implementing this policy. contractorConsultant/esb/ESBPlansAvailableIndex.asp. The Office of General Services reserves the right to reject any or all bids. By John D. Lewyckyj, Deputy Director The Bidding and Contract Documents for this Project are available OGS - Design & Construction Group on compact disc (CD) only, and may be obtained for an $8.00 deposit per set, plus a $2.00 per set shipping and handling fee. Contractors and other interested parties can order CD’s on-line through a secure REPLACE web interface available 24 hours a day, 7 days a week. Please use the ROOF following link at the OGS website for ordering and payment Department of Transportation Region 1 instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. Warrensburg, Warren County For questions about purchase of bid documents, please send an e-mail to [email protected], or call toll free at 1-877-647-7526. Sealed bids for Project No. 45277-C, for Construction Work, Replace Roof, DOT Region 1, 4021 Main Street, Warrensburg (War- For additional information on this project, please use the link below ren County), NY, will be received by the Office of General Services and then click on the project number: https://online.ogs.ny.gov/dnc/ (OGS), Design & Construction Group (D&C), Contract Administra- contractorConsultant/esb/ESBPlansAvailableIndex.asp. tion, 35th Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on behalf of the Department of Transportation, until 2:00 p.m. on By John D. Lewyckyj, Deputy Director Wednesday, April 27, 2016, when they will be publicly opened and OGS - Design & Construction Group read. Each bid must be prepared and submitted in accordance with the Instructions to Bidders and must be accompanied by a certified check, bank check, or bid bond in the amount of $23,600 for C. All successful bidders on a multiple trade project or the successful bidder with a bid over $200,000 on a single trade project, will be required to furnish a Performance Bond and a Labor and Material Bond in the statutory form of public bonds required by Sections 136 and 137 of the State Finance Law, each for 100% of the amount of the Contract estimated to be between $500,000 and $1,000,000 for C. The requirement for Labor and Material and Performance Bonds may be waived on a bid under $200,000 on a single trade project. Pursuant to State Finance Law § 139-j and § 139-k, this solicitation includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is restricted from making contacts from the earliest notice of intent to solicit offers through final award and approval of the Procurement Contract by OGS D&C and Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert in the Bureau of Contract Awards, telephone (518) 474-0203, fax (518) 473-7862 and John Lewyckyj, Deputy Director of Design & Construction, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period, the bidder is debarred from obtaining governmental Procurement Contracts. Bid- ders responding to this Advertisement must familiarize themselves with the new Legislative and State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at: http://ogs.ny.gov/aboutogs/ regulations/defaultAdvisoryCouncil.asp.

161

NOTICE OF AVAILABILITY OF STATE AND FEDERAL FUNDS

Department of Environmental Conservation New York State Homes and Community Renewal (HCR) an- 625 Broadway, 3rd Fl. nounces the availability of approximately $70,000,000 of funding for Albany, NY 12233-2560 Highly Ready Project Initiatives, including: New Construction Capital Program (“NCP”), Supportive Housing Opportunity Program RURAL FIRE DEPARTMENTS (“SHOP’’), Public Housing Preservation Program (“PHP”) Multifam- 2016 Volunteer Fire Assistance (VFA) Grant Program ily Preservation Program (“MPP”), and Middle Income Housing Pursuant to the Agriculture Appropriations Act, Section 7(b)3 of Program (“MIHP”). Highly ready projects are those expected to close P.L. 95-313 (Cooperative Forestry Assistance Act of 1978), the New by July of 2016. York State Department of Environmental Conservation hereby gives HCR also announces that all Fiscal Year 2016-17 funding for the notice of the following: Open Window application process is being made available for other The New York State Department of Environmental Conservation continuing HCR programs from previous fiscal years including: up to (The Department) will administer the 2016 Volunteer Fire Assistance $26,750,000 for the Homes for Working Families (“HWF”); up to (VFA) Grant program to assist eligible rural fire departments in the $4,000,000 in annual allocations of State Low Income Housing Credit purchase of eligible wildland fire suppression equipment. VFA ap- (“SLIHC”), up to $31,200,000 for the Rural and Urban Community plications will be accepted through May 31, 2016. Investment Fund (“CIF”), and up to $42,000,000 for the House NY The Department received a federal appropriation of $400,000 to Mitchell-Lama Loan Program (“HML”). This funding is made avail- award fire assistance grants. Fire departments eligible to apply may able through the New York State Division of Housing and Community receive grant funding up to $1,500 for the purchase of eligible Renewal (“DHCR”), the Housing Trust Fund Corporation (“HTFC”), wildland fire suppression equipment. Fire departments are required to and HFA. equally match (50/50) the amount of the award. Grant funding is based A Request for Proposals (RFP) for site-specific multi-family proj- on federal guidelines for use in fire districts serving a rural area or a rural community with a population of 10,000 or less. A fire depart- ect applications seeking funding under these programs is expected to ment serving a population greater than 10,000 and not providing be available on April 13, 2016. This RFP also explains how HCR may protection to a rural area or rural community is not eligible for VFA offer a limited amount of Project Based Voucher (“PBV”) and HOME financial assistance. assistance, depending upon availability, for proposed projects seeking Applications are scored based on established rating criteria the financing allocated under this competitive Request for Proposals. including: population, the I.S.O. Fire Prevention Insurance rating, the Applications requesting funding under this RFP may be submitted presence of Native American communities in the district and the date at any time between April 13, 2016 and March 1, 2017, or until all al- of the last VFA grant received. locations of resources are committed. Applications will be reviewed Applications are available on-line at http://www.dec.ny.gov/ as received and funding determinations will be made throughout the regulations/2364.html. For further information, contact: Lynne year. Applications seeking consideration for PBV assistance in Korona, DEC Division of Forest Protection, at the above address or combination with eligible funding must submit a complete application call (518) 402-8835 or email questions to [email protected] by no later than 5:00 p.m. EDT, September 30, 2016. Complete applications seeking consideration for PBV assistance will be evaluated monthly beginning with complete applications received prior to May 1, 2016, which will be evaluated by June 1, 2016, and so forth. Notwithstanding resource availability, applications must be re- New York Homes and Community Renewal ceived by HCR by 5:00 p.m. EST, March 1, 2017. It is anticipated that Division of Housing and Community Renewal an RFP will be issued in April of 2017 for Fiscal Year 2017-18 641 Lexington Ave. funding. New York, NY 10022 This Notice of Credit and Funding Availability (“Notice”) describes the programmatic and submission requirements for the listed DEVELOPERS SEEKING FINANCING FOR NEW CONSTRUC- programs. TION, SUBSTANTIAL REHABILITATION AND MODERATE Applicants may only apply under this Notice for awards for new REHABILITATION OF SITE-SPECIFIC, AFFORDABLE, MULTI- construction, substantial rehabilitation and moderate rehabilitation of FAMILY RENTAL HOUSING site-specific multi-family rental housing Projects that (i) will also New Construction Capital Program (“NCP”); Supportive Hous- have first mortgages financed by tax-exempt Private Activity Bonds ing Opportunity Program (“SHOP’’); Public Housing Preserva- (“Bonds”) issued by HFA or HDC or (ii) will receive an award of 9% tion Program (“PHP”); Multifamily Preservation Program tax credits from an HCA other than a component of HCR. Any awards (“MPP”); and Middle Income Housing Program (“MIHP”) made under this Notice will be contingent on the Project receiving an Developers seeking financing for new construction, substantial re- award of Bond volume cap authority sufficient to fund the Project’s habilitation and moderate rehabilitation of site-specific, affordable, first mortgage or an award of 9% tax credits from an HCA other than multi-family rental housing (“Project” or “Projects”) that will also a component of HCR. have first mortgages financed by tax-exempt Private Activity Bonds HCR is making available a variety of financing options and from the New York State Housing Finance Agency (“HFA”) or the programs through this single, “Open Window” Notice to encourage, New York City Housing Development Corporation (“HDC”) or are in a manner that ensures its quality and affordability, a wide range of receiving 9% tax credits from a Housing Credit Agency (“HCA”) that affordable housing including new construction, adaptive reuse of non- is not affiliated with HCR. residential buildings, and preservation of existing housing. The core

163 Availability of Funds NYS Register/April 27, 2016 mission of this funding availability is to provide financing and capital in this notice. Should an Applicant submit an application to HCR to promote affordable rental housing opportunities for low- to without previously conducting such a meeting, HCR reserves the right, moderate- income residents of New York State. We expect that the re- in its full discretion, to terminate the application without further sources available through this Notice will largely be paired with tax- review. exempt bond financing. This Notice provides a summary description of the programs herein The manner in which these financing resources are being deployed and procedures for applying for assistance thereunder. Additional in- provides flexibility for developers and the agencies to consider differ- formation about these programs, including a fuller version of this No- ent potential financing options for projects simultaneously. tice in the RFP, applications and additional required forms is available HCR will allocate these resources to provide for the market and on the HCR website, at: http://www.nyshcr.org site-specific needs and opportunities within the diverse communities For an application, contact: Jason Pearson, Vice President, and neighborhoods across New York State, including urban, suburban Multifamily Initiatives, Homes and Community Renewal, at the above and rural areas. Therefore, we encourage a range of project goals that address or call (212) 872-0470, [email protected] are responsive to the particular needs of a location or population including: coordinated investments that take into account other activities in the community, mixed income and mixed use developments, and integrated, supportive housing to meet the needs of a variety of special populations. In addition to the creation and preservation of affordable housing, HCR works to promote community and economic development. We encourage coordination with municipalities and other state agencies so that projects are a part of the transformation and revitalization of communities. As a result, the development and preservation of housing can accomplish more than affordable housing. HCR’s overall priority is to encourage the submission of applications that will support and promote high quality projects that address the needs of individuals, families and seniors, and that may advance one or more of the specific housing priorities of New York State as described in the RFP. This Notice explains the process by which HCR will accept and evaluate applications requesting these resources. This process is explained in more detail in the RFP. After a determination has been made, unsuccessful Applicants may request an exit conference with HCR staff to review their application. Prospective Applicants may request technical assistance in preparing an application at any time. HCR reserves the right to award all, a portion of, or none of the program funds or SLIHC based upon funding availability, readiness, feasibility of the Projects, the Applicant’s ability to meet HCR criteria for funding, and the Applicant’s ability to advance the State’s housing goals. HCR also reserves the right to review applications requesting program funds or SLIHC as applications for funding under other programs for which the Project may be eligible through HCR, and to change or disallow aspects of the applications received. HCR reserves the right to make any such changes as an express condition of its award commitment for the Project. HCR will seek to award these limited resources so as to promote a statewide geographic distribution of such financing. Therefore, awards for proposed Projects may be denied in areas of the State that have recently been awarded HCR capital financing, including, but not limited to, financing under HWF or SLIHC. Funding may also be denied to Projects where market studies or other analyses indicate low-income housing saturation. Applicants requesting all funding except for SLIHC must submit an application fee of $5,000 to HTFC or HFA. Upon receipt of the application, HCR will invoice the Applicant for this fee. No action on the application will be taken until the fee is received. Additionally, an Applicant requesting SLIHC financing under this Notice must, upon receipt of an invoice, submit a $3,000 SLIHC application fee. Payment of all application fees is due at the time of initial application submission. Not-for-profit Applicants for SLIHC may request a deferral of payment until the time of construction mortgage closing. Pre-application Requirements Prospective Applicants are required to schedule and coordinate a pre-application meeting with development team members, HCR staff, and representatives of the proposed Bond Issuer. The pre-application meeting will enable HCR and the Bond Issuer to jointly assess Project readiness and determine whether it is appropriate for the Applicant to proceed with submission of an application for any program included

164 MISCELLANEOUS NOTICES/HEARINGS Notice of Abandoned Property liability partnerships to furnish the Department of State with a state- Received by the State Comptroller ment every five years updating specified information, and WHEREAS, the following registered limited liability partnerships and Pursuant to provisions of the Abandoned Property Law and related New York registered foreign limited liability partnerships have not laws, the Office of the State Comptroller receives unclaimed monies furnished the department with the required statement, and and other property deemed abandoned. A list of the names and last WHEREAS, such registered limited liability partnerships and New known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the York registered foreign limited liability partnerships have been Abandoned Property Law. Interested parties may inquire if they ap- provided with 60 days notice of this action; pear on the Abandoned Property Listing by contacting the Office of NOW, THEREFORE, I, Rossana Rosado, Acting Secretary of State of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 the State of New York, do declare and proclaim that the registrations p.m., at: of the following registered limited liability partnerships are hereby 1-800-221-9311 revoked and the status of the following New York foreign limited li- or visit our web site at: ability partnerships are hereby revoked pursuant to the provisions of www.osc.state.ny.us Article 8-B of the Partnership Law, as amended: Claims for abandoned property must be filed with the New York DOMESTIC REGISTERED LIMITED State Comptroller's Office of Unclaimed Funds as provided in Sec- LIABILITY PARTNERSHIPS tion 1406 of the Abandoned Property Law. For further information B contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236. BISCHOF & BISCHOF LLP (10) BLOCK & BIALKIN, M.D.S, L.L.P. (95) PUBLIC NOTICE C CALLAGHAN PARENTE LLP (05) Department of Civil Service CANKEN DENTAL LLP (95) PURSUANT to the Open Meetings Law, the New York State Civil CARBONELLA & CO LLP (05) Service Commission hereby gives public notice of the following: CHIRO CARE PARTNERS, LLP (95) Please take notice that the regular monthly meeting of the State Civil Service Commission for May 2016 will be conducted on May 10 CLIFTON BUDD & DEMARIA, LLP (95) and May 11 commencing at 10:00 a.m. This meeting will be conducted CRUSER, MITCHELL & NOVITZ, LLP (10) at NYS Media Services Center, Suite 146, South Concourse, Empire CUTI HECKER WANG LLP (10) State Plaza, Albany, NY. D For further information, contact: Office of Commission Opera- DONOVAN LLP (10) tions, Department of Civil Service, Empire State Plaza, Agency Bldg. F One, Albany, NY 12239, (518) 473-6598 FERRARI, WALLACE & JURGENS, LLP (05) PUBLIC NOTICE G G.R. REID ASSOCIATES, LLP (05) Town of Evans GIOVANNIELLO & UDELL CPAS LLP (95) The Town of Evans is requesting proposals from qualified administrative services agencies, and/or financial organizations relating to GOIDEL & SIEGEL, LLP (95) administration, trustee services and/or funding of a deferred compen- GRAY & SIGNORE, LLP (95) sation plan for employees of the Town of Evans meeting the require- GULLACE & WELD LLP (00) ments of Section 457 of the Internal Revenue Code and Section 5 of H the State Finance Law, including all rules and regulations issued pur- HABERMAN & GOLDENBERG LLP (00) suant thereto. HANIG & SCHUTZMAN, LLP (05) A copy of the proposal questionnaire may be obtained from: Evans Town Hall located at 8787 Erie Rd., Angola, NY 14006. All proposals HENNESSEY & BIENSTOCK LLP (10) must be submitted no later than 30 days from the date of publication HERMAN KATZ CANGEMI & CLYNE, LLP (05) in the New York State Register by 4:30 p.m. J J.A. KIRBY COMPANY, PROFESSIONAL ENGINEERING PUBLIC NOTICE AND LAND SURVEY (00) Department of State JAMIE BLAU, D.C., LLP (00) Proclamation JONES & JONES OSTEOPATHIC REHABILITATION LLP (00) Revoking Limited Liability Partnerships K WHEREAS, Article 8-B of the Partnership Law, requires registered KNIGHT CHIROPRACTIC CENTER, LLP (05) limited liability partnerships and New York registered foreign limited L

165 Miscellaneous Notices/Hearings NYS Register/April 27, 2016

LAWLOR & RELLA LLP (05) LILLY & ASSOCIATES, LLP (00) M MEHL & ASSOCIATES, LLP (10) P PEDOWITZ & MEISTER LLP (05) R RAGAN & FREEMAN LLP (00) RICHMOND RADIOLOGY ASSOCIATES, LLP (00) RUBINSTEIN & RUTKIN LLP (10) RYBAK, METZLER & GRASSO, LLP (95) S SCHENECTADY OTOLARYNGOLOGY, HEAD & NECK SUR- GERY, LLP (00) SCHINDEL FARMAN LIPSIUS GARDNER & RABINOVICH, LLP (95) STACY POSNER, LLP (10) STANTON, GUZMAN & MILLER, LLP (05) STEPHEN GELFMAN, D.D.S., M.D. AND CARY H. MILES, D.D.S., LLP (00) SWANKE HAYDEN CONNELL & PARTNERS LLP (95) T TALISMAN & SHERMAN LLP (95) THE MCDONOUGH LAW FIRM, L.L.P. (95) FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIPS G GOLDFINGER BLOCK GLICKEHNAUS DINAR, LLP (95) (NJ) H HUDSON COOK, LLP (00) (MD) L LEVY, LEVY & SOSA, LLP (10) (FL) P PILLSBURY WINTHROP SHAW PITTMAN LLP (00) (DE)

[SEAL] WITNESS my hand and the official seal of the Department of State at its office in the City of Albany this twenty-seventh day of April in the year two thousand sixteen. ROSSANA ROSADO Acting Secretary of State

166 XECUTIV E ORDERS E

Executive Order No. 156: Prohibiting State Funded or State Sponsored Travel to Mississippi. WHEREAS, New York State is a national leader in protecting the civil rights and liberties of all of its citizens; WHEREAS, New York State in 1945 enacted the first state law against discrimination in the nation, which now prohibits discrimination on many bases including age, race, creed, color, national origin, sexual orientation, military status, sex, gender identity, marital status, and disability; WHEREAS, protecting the civil rights and liberties of lesbian, gay, bi-sexual, and transgender (LGBT) persons is a compelling state sanctioned government interest; WHEREAS, protecting New York State from inadvertently financing discrimination against LGBT persons is a compelling state sanctioned government interest; WHEREAS, the state of Mississippi has enacted legislation which explicitly permits and enshrines in law discrimination against LGBT citizens and unmarried individuals; WHEREAS, in a free society the equal rights of all citizens, including LGBT citizens, must be protected and cherished; WHEREAS, in a free society the will of the many cannot be the basis for discrimination against the few; WHEREAS, it is the policy of the state of New York to promote fairness, protect the welfare of the citizens of the state of New York, and combat discrimination; NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the power and authority vested in me by my office, the New York State Constitution, and the Statutes of the state of New York, do hereby ORDER AND DIRECT: D All agencies, departments, boards, authorities and commissions to review all requests for state funded or state sponsored travel to the state of Mississippi so long as there is law in effect there that permits and enshrines discrimination against LGBT citizens and unmarried individuals; and D To bar any such publicly funded or publicly sponsored travel to such location, unless such travel is necessary for the enforcement of New York State law, to meet prior contractual obligations, or for the protection of public health, welfare, and safety. New York State’s ban on publicly funded travel shall take effect immediately and shall continue until such law is repealed.

(L.S.) GIVEN under my hand and the Privy Seal of the State in the City of Albany this fifth day of April in the year two thousand sixteen.

BY THE GOVERNOR /S/ Andrew M. Cuomo /s/ William J. Mulrow Secretary to the Governor

167

COURT NOTICES AMENDMENT OF RULE nesses, preparation of transcriptions of testimony and a record of evi- Rules of the Chief Administrator dence adduced, and prompt transmission of orders to petitioners; Pursuant to the authority vested in me, with the advice and consent (v) a timetable for implementation and public notice of pilot of the Administrative Board of the Courts, I hereby amend, effective programs; April 1, 2016, section 137.3(e) of the rules of the Chief Administrator (vi) a description of data to be collected to evaluate and improve (22 NYCRR § 137.3[e]), relating to the quorum of the Board of pilot programs. Governors of the Attorney-Client Fee Dispute Resolution Program, to (d) The procedures of each pilot program shall provide that: read as follows: (i) All electronic appearances by petitioners seeking temporary § 137.3 Board of Governors orders of protection ex parte by electronic appearance in a pilot *** program shall be voluntary, and the consent of participating petition- (e) [Eleven members of the board of governors shall constitute a ers will be stated on the record at the commencement of each quorum.] A majority of current members of the board of governors appearance. shall constitute a quorum. [Decisions shall be made by a majority of (ii) Petitioners seeking temporary orders of protection ex parte the quorum.] by electronic appearance in a pilot program must file a petition in advance of such appearance, and may do so by electronic means with AMENDMENT OF RULE the assistance of trained advocates. The petition shall set forth the cir- Uniform Rules for the Family Court cumstances in which a courthouse appearance would constitute undue hardship or create a risk of harm to the petitioner. Documentary evi- Pursuant to the authority vested in me, and with the advice and dence referred to by a party or witness or the court may be transmit- consent of the Administrative Board of the Courts, I hereby promul- ted, submitted, and introduced by electronic means. gate section 205.7-b of the Uniform Rules for the Family Court, relat- (iii) In granting or denying relief sought in a petition, the court ing to pilot projects for the filing of petitions for temporary orders of shall state the names of all participants, and whether it is granting or protection by electronic means and the issuance of such orders by denying an appearance by electronic means, and the basis for such audio-visual means, effective April 1, 2016, to read as follows: determination. Section 205.7-b. Pilot programs for the filing of petitions for (iv) Parties shall not be compelled to file a petition or document temporary orders of protection by electronic means and the issuance by electronic means or to testify by electronic appearance. of such orders by audio visual means. (v) Electronic appearances shall be recorded and preserved for (a) The chief administrator of the courts may establish and imple- transcription. ment a plan for one or more pilot programs for the filing of petitions ex parte for temporary orders of protection by electronic means, and (vi) The pilot program shall not affect or change any existing for the conduct of proceedings and the issuance of such orders by laws governing the service of process (including requirements for audio-visual means in order to accommodate litigants for whom at- personal service), or the sealing and confidentiality of court records tendance at court to file for and obtain emergency relief would consti- in family court proceedings, or access to family court records. tute an undue hardship, or to accommodate litigants for whom travel- (e) The chief administrator shall maintain a current and publicly- ing to and appearing in the courthouse to obtain emergency relief available listing of sites where petitioners may make applications and creates a risk of harm to such litigant. In developing this plan, the appearances under pilot programs pursuant to this section. chief administrator shall strive for programs that are regionally diverse, and shall take into consideration the availability of public transportation, population density, and the availability of suitable program facilities. (b) In planning pilot programs, the chief administrator will consult with one or more local programs providing assistance to victims of domestic violence, the office for the prevention of domestic violence, and attorneys who represent family offense petitioners. (c) The plan shall include, but not be limited to: (i) identification of family justice centers or other organizations or appropriate sites outside of the local family court that are equipped with or have access to suitable audio-visual and electronic equipment for participation in a pilot program; (ii) identification of licensed and certified organizations, agencies or entities with advocates for victims of domestic violence who are trained and available to assist persons filing for orders under a pilot program; (iii) assessment of family court and other court system resources; (iv) delineation of procedures for filing of petitions and supporting documents by electronic means, swearing in petitioners and wit-