May 15, 2019 DEPARTMENT OF STATE Vol. XLI Division of Administrative Rules Issue 20 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D To Eliminate Requirement That Victims of Domestic Violence Apply for Public Assistance to Pay for Cost of Shelter and Services D Certified Instructors and Course Directors D Security at Automated Teller Facilities Rule Review Notice of Availability of State and Federal Funds

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 60 days following publication in the Register of a Notice of Proposed Rule Making, or a Notice of Emergency Adoption and Proposed Rule Making; and for 45 days after publication of a Notice of Revised Rule Making, or a Notice of Emergency Adoption and Revised Rule Making in the Register. When a public hearing is required by statute, the hearing cannot be held until 60 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 July 14, 2019 – the 45-day period expires on June 29, 2019 – the 30-day period expires on June 14, 2019 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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New York State Register May 15, 2019/Volume XLI, Issue 20

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 Children and Family Services, Office of 1 / To Eliminate Requirement That Victims of Domestic Violence Apply for Public Assistance to Pay for Cost of Shelter and Services (EP) Civil Service, Department of 4 / Jurisdictional Classification (A) Criminal Justice Services, Division of 5 / Certified Instructors and Course Directors (P) Environmental Conservation, Department of 7 / Management of Striped Bass (A) Financial Services, Department of 8 / Principle-Based Reserving (A) 9 / Paid Family Leave Risk Adjustment Fund (A) 9 / Electronic Filings and Submissions (P) 11 / Valuation of Individual and Group Accident and Health Insurance Reserves (P) 12 / Security at Automated Teller Facilities (P) Gaming Commission, New York State 13 / Amendment of Multiple Medication Violation (MMV) Penalty Enhancement Rule (A) 13 / Treatment of Thoroughbred Horses with Ultrasound or Electro/Medical Equipment Before a Race (A) 13 / Safety Helmet and Vest Requirements (A) Health, Department of 14 / Update Standards for Adult Homes and Standards for Enriched Housing Programs (A) 14 / Schroon Lake Water District (P) People with Developmental Disabilities, Office for 15 / Site Based Prevocational Services (P) Public Service Commission 16 / Tariff Amendments (A) 16 / Initial Rate Filing (A) 16 / Tariff Amendments (A) 17 / Termination of the IEAM (A) 17 / Modification of National Grid’s 2017 Estimating Metric Project List (A) 17 / 2018 Outcome-Based EAM Collaborative Report (A) 17 / Community Development Fund Pilot Program (A) 18 / Agreement for the Provision of Water Service and Tariff Waivers (A) 18 / Submetering of Electricity (A) 18 / Modifications to National Grid’s Economic Development Plan (A) 18 / Submetering of Electricity (A) 19 / Use of NRA Gas Safety Performance Settlement Funds (A) 19 / Tariff Amendments (A) 19 / Submetering of Electricity (A) 19 / Certificate of Confirmation and Petition for Limited Waivers (A) 20 / Submetering of Electricity (A) 20 / Reporting on Energy Sources (P) 20 / Petition to Submeter Electricity (P) 20 / Compensation Policies for Certain CHP Projects (P) 21 / Petition to Submeter Electricity (P) 21 / Waiver of 16 NYCRR Section 894.4(b)(2) Pertaining to Publishing Notice of the RFP in National Publications (P) 22 / Notice of Intent to Submeter Electricity and Waiver of Energy Audit (P) 22 / Transfer of Street Lighting Facilities (P) 22 / Establishment of the Regulatory Regime Applicable to an Approximately 105.8 MW Electric Generating Facility (P) Hearings Scheduled for Proposed Rule Makings / 24 Action Pending Index / 25

Rule Review 67 / Civil Service, Department of

Advertisements for Bidders/Contractors 69 / Sealed Bids

Notice of Availability of State and Federal Funds 75 / Homeland Security and Emergency Services, Division of

Miscellaneous Notices/Hearings 77 / Notice of Abandoned Property Received by the State Comptroller 77 / Notice of Public Hearing 78 / Public Notice RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists 56 of the Laws of 2019 were effective April 1, 2019. Consistent with Federal regulations prohibiting placing any conditions on the receipt of of 13 characters. For example, the I.D. No. AAM-01-96- residential services for victims of domestic violence, amendments were 00001-E indicates the following: made to Sections 131-u and 459-f of the Social Services Law (SSL) in Part J of Chapter 56 of the Laws of 2019 to eliminate the requirement that AAM -the abbreviation to identify the adopting agency victims of domestic violence apply for public assistance to pay for the 01 -the State Register issue number costs of emergency shelter and services at a residential program for victims of domestic violence, and repealing requirements that providers charge 96 -the year victims a fee for services. The amendments also require that social ser- 00001 -the Department of State number, assigned upon vices districts fiscally responsible for a victim of domestic violence must receipt of notice. reimburse a domestic violence residential program at the per diem rate established by the New York State Office of Children and Family Services E -Emergency Rule Making—permanent action (OCFS) reduced by any other reimbursement available for such costs. not intended (This character could also be: A In response to the legislation, OCFS has amended regulations for local social services districts related to their financial responsibility for victims for Adoption; P for Proposed Rule Making; RP of domestic violence seeking emergency shelter and services at a residen- for Revised Rule Making; EP for a combined tial program for victims of domestic violence to repeal language that stated Emergency and Proposed Rule Making; EA for or implied that victims of domestic violence must apply for public assis- tance as a condition of receiving services, as well as all references to the an Emergency Rule Making that is permanent assessment or charging of fees to a victim of domestic violence for the and does not expire 90 days after filing.) receipt of emergency shelter. Language is added to clarify that a social ser- vices district cannot impose any condition upon the receipt of residential Italics contained in text denote new material. Brackets domestic violence services, including requiring victims of domestic indicate material to be deleted. violence to apply for public assistance, nor may victims be charged a fee for services provided. The regulations clarify that victims of domestic violences may decide to apply for public assistance, and that residential programs for victims of domestic violence must provide victims of domestic violence information so that they may make an informed choice about whether to apply for pub- Office of Children and Family lic assistance. Existing regulations require the social services district of fiscal Services responsibility to pay the residential program for victims of domestic violence at the established per diem rate. The amended regulations clarify that the social services district may seek reimbursement from any other EMERGENCY/PROPOSED funding sources, including and not limited to public assistance and of the federal Social Security Act. The regulations specify that a victim of do- RULE MAKING mestic violence has a choice regarding whether to apply for public assis- NO HEARING(S) SCHEDULED tance, and that a social services district cannot require a victim of domes- tic violence to apply for public assistance as a condition to receive services. To Eliminate Requirement That Victims of Domestic Violence Lastly, changes have been made related to a social service district’s ac- cess to information for the purposes of paying the per diem rate to a resi- Apply for Public Assistance to Pay for Cost of Shelter and dential program for victims of domestic violence. A social services district Services will only have access to non-identifying information such as the admis- I.D. No. CFS-20-19-00001-EP sion and discharge dates of the resident and their minor children, the busi- ness address of the residential program for victims of domestic violence, Filing No. 392 and any other information related to service and safety needs of the resi- Filing Date: 2019-04-24 dent, unless the victim of domestic violence provides informed, written, Effective Date: 2019-04-24 time-limited consent permitting a residential program for victims of do- mestic violence to disclose personally identifying information to a social services district. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Subject: To eliminate requirement that victims of domestic violence apply for public assistance to pay for cost of shelter and services. Proposed Action: Amendment of sections 408.4, 408.5, 452.9 and 452.10 Purpose: To eliminate requirement that victims of domestic violence ap- of Title 18 NYCRR. ply for public assistance to pay for cost of shelter and services. Statutory authority: Social Services Law, sections 131-u and 459-f; L. Text of emergency/proposed rule: Paragraph (1) of subdivision (c) of Sec- 2019, ch. 56, part J tion 408.4 of Title 18 is amended as follows: Finding of necessity for emergency rule: Preservation of public health, (1) When a residential program [makes a determination] determines public safety and general welfare. that a person is eligible for admission and admits such person into the Specific reasons underlying the finding of necessity: These emergency program, it must provide notice [by telephone] of such admission to the regulations are necessary to effectuate changes in state law and to comply social services district where the person resided at the time of the domestic with federal laws and regulations pertaining to the provisions of services violence incident. Such notice must be given on or before the first working for victims of domestic violence, and to avoid the loss of federal Family day following admission; provided, however, that personally identifying Violence Prevention Services Act (FVPSA) funding. The regulations are information may only be disclosed to the social services district if the effective as of the date of filing; however, provisions of Part J of Chapter program has received written, informed and time-limited consent from the

1 Rule Making Activities NYS Register/May 15, 2019 victim of domestic violence to share that information. If the residential services district cannot require the public assistance applicant or recipi- program is not located in the social services district in which the victim of ent to apply any earned or unearned income toward the unmet shelter cost domestic violence resided at the time the domestic violence incident oc- after the public assistance benefit is applied toward the cost of housing. To curred, the person may submit an application for public assistance and the extent that funds are appropriated and a social services district has care to the district in which the program is located. In such a case, notice exhausted its allocation under Title XX of the Federal Social Security Act [by telephone] of admission must also be given by the residential program that is required to be spent on adult protective or domestic violence ser- to the social services district in which the residential program is located on vices, such payments made by a social services district will be subject to or before the first working day following such admission. The social ser- the applicable state reimbursement. vices district in which the residential program is located must forward the ([4]3) Persons who are receiving public assistance and care at the completed application, within five days of its receipt, to the social services time of entry into a residential program for victims of domestic violence district in which the person resided at the time of the domestic violence must notify the social services district providing such assistance of the incident in accordance with section 311.4(b) of this Title. change in their circumstances, [and request an additional allowance to pay Section 408.5 of Title 18 is renamed as follows: for the cost of temporary shelter, emergency services and care at the resi- 408.5 [Financial eligibility.] Social services district payment dential program]. Upon consent of a victim of domestic violence who was responsibility. receiving public assistance and care at the time of entry into the residen- Paragraph (1) of subdivision (a) of Section 408.5 of Title 18 is amended tial program for victims of domestic violence, or chooses to apply for pub- lic assistance and care during the time of residing in such program and is as follows: found eligible for public assistance and care, a social services district (1) The social services district in which a victim of domestic violence must apply the shelter allowance portion of the victim of domestic was residing at the time of the domestic violence incident is financially violence’s public assistance benefit, up to the daily reimbursement rate responsible for making payments to a residential program for victims of determined by the Office of Children and Family Services pursuant to sec- domestic violence for the costs of temporary shelter, emergency services tion 131-u of the Social Services Law reduced by the sum of any other and care provided to such victim and any minor child of such victim reimbursement available for such costs, to reimburse a residential whether or not the victim is financially eligible for public assistance and program for victims of domestic violence for the costs of emergency shelter care [if: and services. (i) the victim is eligible for admission to the residential program Paragraph (2) of subdivision (c) of Section 408.5 of Title 18 is repealed, pursuant to section 408.4 of this Part; and and new paragraphs are amended as follows: (ii) the social services district receives a public assistance applica- Subdivision (c) of Section 408.5 of Title 18 is amended as follows: tion on behalf of the victim pursuant to subdivision (b) of this section]. (c) Reimbursement for services provided to victims of domestic New paragraphs (2) and (3) of subdivision (a) of 408.5 of Title 18 are violence who are ineligible or who do not apply for public assistance and added, and subsequent paragraphs are amended and renumbered as care. follows: (1) [When] Where a social services district determines that a victim (2) A victim of domestic violence shall be provided written informa- of domestic violence is ineligible for public assistance and care, or has tion explaining their right to apply for public assistance and care and rel- chosen not to apply for public assistance and care, [the social services evant information to make an informed decision whether to apply for such district must determine the victim’s ability to pay all or part of the costs of assistance. This information must include, but is not limited to: under- such shelter, services and care based upon the information the victim standing what personally identifying information is required, how that in- provided on his or her application for public assistance and care.] a social formation will be used, and what benefits and services are available services district financially responsible for a victim of domestic violence through public assistance and care. shall reimburse a residential program for victims of domestic violence for (3) A social services district cannot require that a victim of domestic the costs of emergency shelter and services provided to such victim at the violence apply for public assistance and care in order to receive domestic daily reimbursement rate established by the Office of Children and Family violence services. Services reduced by any other reimbursement available for such costs. To ([2]4) The social services district in which the victim of domestic the extent funds are appropriated and a social services district has violence was residing at the time of the domestic violence incident is exhausted its allocation under Title XX of the federal Social Security Act responsible for determining the victim’s financial eligibility for public as- that is required to be spent on adult protective or domestic violence ser- sistance and care, if the victim chooses to apply for public assistance and vices, such expenditures made by a social services district will be subject care, pursuant to subdivision (b) of this section [.] or otherwise providing to applicable State reimbursement. payment for the costs of emergency shelter and services provided to a (2) A social services district may choose to seek reimbursement of victim of domestic violence at the daily reimbursement rate determined by expenditures for residential domestic violence services through its alloca- the Office of Children and Family Services pursuant to section 131-u of tion under Title XX of the federal Social Security Act, or any other funding the Social Services Law reduced by the sum of any other reimbursement source, so long as reimbursement is in accordance with the applicable available for such costs. funding source requirements. Subparagraphs (i), (ii) and (iii) of paragraph (1) of subdivision (b) of Subdivision (d) of Section 408.5 of Title 18 is repealed. Section 408.5 of Title 18 are amended as follows: Subparagraph (xii) of subparagraph (7) of subdivision (a) of Section (i) emergency assistance to needy families [pursuant to section 452.9 of Title 18 is amended as follows: 350-j of the Social Services Law] with children, pursuant to Part 372 of (xii) the right to manage one’s own financial affairs [;], including this Title; information regarding public assistance and care so that the resident can (ii) [aid to dependent children] family assistance, pursuant to [sec- make an informed decision about whether to apply for benefits, including tion 349 of the Social Services Law] Part 369 of this Title; what benefits are available, what personally identifying information is (iii) [home relief] safety net assistance, pursuant to [sections 157 required for the application, and how that information will be used; and 158 of the Social Services Law] Part 370 of this Title; or A new paragraph (2) is added to subdivision (b) of 452.9 of Title 18 as Subparagraphs (i), (ii) and (iii) of paragraph (2) of subdivision (b) of follows and the subsequent paragraphs (2) – (7) are renumbered to (3) – Section 408.5 of Title 18 are amended as follows: (8) respectively. (i) the victim is eligible for admission to a residential program for (2) The program must maintain non-personally identifying statistical victims of domestic violence pursuant to section 408.4 of this Part; and information for the purpose of reimbursement from a social services [(ii) the victim applies for public assistance and care pursuant to district as provided in section 452.10(a)(4)(c) of this Part. Part 350 of this Title; and Subparagraph (c) of subparagraph (ii) of paragraph (4) of subdivision (iii)] (ii) to the extent such victim remains in the residential (a) of Section 452.10 of Title 18 is amended as follows: program, and the victim chooses to complete[s] the application process (c) [to those elements of the resident case record as listed below] for the for public assistance and care pursuant to Parts 350 and 351 of this Title purposes of reimbursing a residential program for victims of domestic [and], if eligible for public assistance and care, the victim [complies] must violence the approved per diem rate, the following non-personally identify- comply with any statutory or regulatory requirements relating to the receipt ing information: of such public assistance and care. (1) the [name] date of admission of the resident for whom an ap- Paragraph (2) of subdivision (b) of Section 408.5 of Title 18 is repealed, proved per diem rate will be paid; and subsequent Paragraphs (3) and (4) are renumbered and amended as (2) the [name of any] date of admission for each minor child[ren] for follows: whom an approved per diem rate will be paid; ([3]2) The social services district in which the victim of domestic (3) the business address of the residential program for victims of do- violence was residing at the time of the domestic violence incident is mestic violence; responsible for determining the victim’s eligibility for public assistance (4) the date of the resident’s [entered] departure from the program; and care, if such victim chooses to apply for public assistance and care, (5) the date of the resident’s minor children (if any) departure from pursuant to Parts 351, 352, and 369 or 370 or 372 of this Title. Such social the program; [and]

2 NYS Register/May 15, 2019 Rule Making Activities

(6) the social services district in which the victim of domestic violence district. The regulations clarify that residential programs for victims of do- was residing at the time of the domestic violence incident; and mestic violence may only disclose personally identifying information to a [(6)](7) other relevant information which identifies a resident’s ser- social services district only when such program has received the informed, vice and safety needs; written, time-limited consent from the victim of domestic violence for This notice is intended: to serve as both a notice of emergency adoption whom the information pertains. and a notice of proposed rule making. The emergency rule will expire July 7. Duplication: 22, 2019. They do not duplicate any other State or federal requirements. 8. Alternatives: Text of rule and any required statements and analyses may be obtained These emergency regulations are necessary to effectuate changes in from: Leslie Robinson, Senior Attorney, Office of Children and Family state law effective as of April 1, 2019 and to comply with federal laws and Services, 52 Washington Street, Rensselaer, NY 12144, (518) 486-9563, regulations pertaining to the provisions of services for victims of domestic email: [email protected] violence, and to avoid the loss of federal Family Violence Prevention Ser- Data, views or arguments may be submitted to: Same as above. vices Act (FVPSA) funding. Therefore, there are no alternatives to the Public comment will be received until: 60 days after publication of this proposed regulations. notice. 9. Federal standards: Regulatory Impact Statement The regulatory amendments do not conflict with any federal standards. 1. Statutory authority: 10. Compliance schedule: Section 20(3)(d) of the Social Services Law (SSL) authorizes the Office The regulations are effective as of the date of filing; however, provi- of Children and Family Services (OCFS or the Office) to establish rules sions of Part J of Chapter 56 of the Laws of 2019 were effective April 1, and regulations to carry out its powers and duties pursuant to the provi- 2019. sions of the SSL. Regulatory Flexibility Analysis Section 459-b of the SSL authorizes the Office to establish regulations 1. Effect of rule: governing residential programs for victims of domestic violence. Social services districts and residential programs for victims of domes- 2. Legislative objectives: tic violence will be affected by the proposed regulations. There are 66 The proposed regulations are necessary to effectuate changes in state agencies operating 91 residential programs for victims of domestic law effective as of April 1, 2019 and to comply with federal laws and violence. There are 58 social services districts in New York State. One regulations pertaining to the provisions of services for victims of domestic social services district operates two residential programs for victims of do- violence, and to avoid the loss of federal Family Violence Prevention Ser- mestic violence. Of the 66 agencies providing residential services for vices Act (FVPSA) funding. Consistent with Federal regulations prohibit- victims of domestic violence, approximately half meet the definition of a ing placing any conditions on the receipt of residential services for victims small business. of domestic violence, amendments were made to Sections 131-u and 459-f 2. Compliance requirements: of the Social Services Law (SSL) in Part J of Chapter 56 of the Laws of Consistent with Federal regulations prohibiting placing any conditions 2019 to eliminate the requirement that victims of domestic violence apply on the receipt of residential services for victims of domestic violence, for public assistance to pay for the costs of emergency shelter and services amendments were made to Sections 131-u and 459-f of the Social Ser- at a residential program for victims of domestic violence, and repealing vices Law (SSL) in Part J of Chapter 56 of the Laws of 2019 to eliminate requirements that providers charge victims a fee for services. The amend- the requirement that victims of domestic violence apply for public assis- ments also require that social services districts fiscally responsible for a tance to pay for the costs of emergency shelter and services at a residential victim of domestic violence, must reimburse a domestic violence residen- program for victims of domestic violence, and repealing requirements that tial program at the per diem rate established by the New York State Office providers charge victims a fee for services. The amendments also require of Children and Family Services (OCFS). that social services districts fiscally responsible for a victim of domestic 3. Needs and benefits: violence must reimburse a domestic violence residential program at the These emergency regulations are necessary to effectuate changes in per diem rate established by the New York State Office of Children and state law effective as of April 1, 2019 and to comply with federal laws and Family Services (OCFS) reduced by any other reimbursement available regulations pertaining to the provisions of services for victims of domestic for such costs. violence, and to avoid the loss of federal Family Violence Prevention Ser- Regulatory changes in response to federal and state statutory require- vices Act (FVPSA) funding. ments include: repealing the requirement that victims of domestic violence 4. Costs: apply for public assistance; addressing changes to local department of The impact of compliance costs is unknown. The changes in statute social services’ reimbursement for residential services for victims of do- remove the requirement for victims to apply for public assistance. Victims mestic violence; and repealing the levying of fees to victims of domestic of domestic violence now have a choice whether to apply for public violence. assistance. Since it is unknown how many victims of domestic violence 3. Professional services: will choose to utilize public assistance, it is unknown what the exact It is not anticipated that the proposed regulatory changes will create the impact will be. Social services districts can defray the cost of the per diem need for any new professional services on the part of providers who are rate by accessing any other reimbursement available for such costs. This small businesses or local governments. can include funding such as Title XX of the federal Social Security Act. 4. Compliance costs: Without these changes in Social Services law and regulations, New York The impact of compliance costs is unknown. The changes in statute State was deemed out of compliance with federal regulations that prohibit remove the requirement for victims to apply for public assistance. Victims mandating any condition to the receipt of services for victims of domestic of domestic violence now have a choice whether to apply for public violence including assessing fees to victims. As such, federal funding had assistance. Since it is unknown how many victims of domestic violence been halted. The changes in statue and regulations are necessary to avoid will choose to utilize public assistance, it is unknown what the exact further loss of federal funding. impact will be. Social services districts can defray the cost of the per diem 5. Local government mandates: rate by accessing any other reimbursement available for such costs. This The proposed regulations will not impose additional mandates on social can include funding such as Title XX of the federal Social Security Act. services districts that operate residential programs for victims of domestic Without these changes in Social Services law and regulations, New York violence. There has been a longstanding requirement for social services State was deemed out of compliance with federal regulations that prohibit districts to offer and fund residential services for victims of domestic mandating any condition to the receipt of services for victims of domestic violence and to utilize funding sources such as Title XX to reimburse such violence including assessing fees to victims. As such, federal funding had expenditures when victims are ineligible for public assistance. been halted. The changes in statue and regulations are necessary to avoid 6. Paperwork: further loss of federal funding. The regulations do not recreate any new reporting requirements. The 5. Economic and technological feasibility: regulations clarify that victims of domestic violence may decide to apply It is unknown what adverse economic impact the statutory amendments for public assistance, however, they are no longer required to apply for will have on social services districts. Nothing in the proposed rule would public assistance, which may reduce the need to complete an application require any new technology or the hiring of additional staff. for public assistance. The regulations require two new forms. The regula- 6. Minimizing adverse impact: tions clarify that residential programs for victims of domestic violence and The changes are necessary to comply with federal and state statue and social services districts must provide victims of domestic violence with to avoid further loss of federal funding for the provision of services to written information so that they may make an informed choice about victims of domestic violence. Amendments to Social Services Law sec- whether to apply for public assistance. Additionally, the regulations require tions 131-u and 459-f provide that the social service district must pay a the use of a consent form by a residential program for victims of domestic residential program for victims of domestic violence the costs of emer- violence to share personally identifying information to a social services gency shelter and services for victims of domestic violence at the

3 Rule Making Activities NYS Register/May 15, 2019 established per diem rate reduced by the sum of any other reimbursement state statue and to avoid further loss of federal funding for the provision of for such cost. Although the rule prohibits requiring a victim of domestic services to victims of domestic violence. Amendments to Social Services violence to apply for public assistance, nothing within the rule prohibits a Law sections 131-u and 459-f provides that the social services district victim of domestic violence from voluntarily opting to apply and use pub- must pay a residential program for victims of domestic violence the costs lic assistance for their stay at a residential program for victims of domestic of emergency shelter and services for victims of domestic violence at the violence. The rule requires residential programs for victims of domestic established per diem rate reduced by the sum of any other reimbursement violence to provide victims of domestic violence with information so that for such cost. Although the rule prohibits requiring a victim of domestic they may make an informed choice about whether to apply for public violence to apply for public assistance, nothing within the rule prohibits a assistance. In addition, other possible sources for reimbursement for social victim of domestic violence from voluntarily opting to apply and use pub- services districts include accessing Title XX of the federal Social Services lic assistance for their stay at a residential program for victims of domestic Act. violence. The rule requires residential programs for victims of domestic 7. Small business and local government participation: violence to provide victims of domestic violence with information so that The New York State Coalition Against Domestic Violence (NYSCADV) they may make an informed choice about whether to apply for public has lobbied for the statutory changes on behalf of their member programs. assistance. In addition, other possible sources for reimbursement for social Their member programs consist of domestic violence programs across services districts include accessing Title XX of the federal Social Services New York State, including programs that would constitute a small Act. business. NYSCADV has been very vocal about supporting the statutory 5. Rural area participation: change at various meetings and interactions with OCFS. These include The New York State Coalition Against Domestic Violence (NYSCADV) monthly meetings with OCFS, with the most recent meeting held on March has lobbied for the statutory changes on behalf of their member programs. 28, 2019. OCFS discussed this legislation and proposed regulations. OCFS Their member programs consist of domestic violence programs across will address any additional comments or feedback during the public com- New York State, including programs that are in rural areas. NYSCADV ment period. has been very vocal about supporting the statutory change at various meet- In addition, OCFS was present at NYSCADV’s Annual Domestic ings and interactions with OCFS. These include monthly meetings with Violence Directors’Summit held on November 27, 2018 and NYSCADV’s OCFS, with the most recent meeting held on March 28, 2019. OCFS Annual Membership Meeting on March 25, 2019. Both events included discussed this legislation and proposed regulations. OCFS will address representatives from domestic violence programs that would qualify as a any additional comments or feedback during the public comment period. small business. At each event, NYSCADV made it known that New York In addition, OCFS was present at NYSCADV’s Annual Domestic State needed to make the statutory changes for the betterment of domestic Violence Directors’Summit held on November 27, 2018 and NYSCADV’s violence programs and victims of domestic violence. Annual Membership Meeting on March 25, 2019. Both events included Rural Area Flexibility Analysis representatives from domestic violence programs from rural areas. At 1. Types and estimated numbers of rural areas: each event, NYSCADV made it known that New York State needed to Social service districts, residential programs for victims of domestic make the statutory changes for the betterment of domestic violence violence will be affected by the proposed regulations. There are 33 agen- programs and victims of domestic violence. cies in rural areas operating 38 residential programs for victims of domes- Job Impact Statement tic violence. There are 44 social services districts in New York State lo- A job impact statement is not required for this rule. The emergency and cated in rural areas. proposed regulations are not expected to have a negative impact on jobs or 2. Reporting, recordkeeping and other compliance requirements; and employment in either the public or private sector. The proposed regula- professional services: tions are necessary to effectuate changes in state law effective as of April These emergency regulations are necessary to effectuate changes in 1, 2019 and to comply with federal laws and regulations pertaining to the state law and to comply with federal laws and regulations pertaining to the provisions of services for victims of domestic violence, and to avoid the provisions of services for victims of domestic violence, and to avoid the loss of federal Family Violence Prevention Services Act (FVPSA) funding. loss of federal Family Violence Prevention Services Act (FVPSA) funding. Consistent with Federal regulations prohibiting placing any conditions on The regulations are effective as of the date of filing; however, provisions the receipt of residential services for victims of domestic violence, amend- of Part J of Chapter 56 of the Laws of 2019 were effective April 1, 2019. ments were made to Sections 131-u and 459-f of the Social Services Law Consistent with Federal regulations prohibiting placing any conditions on (SSL) in Part J of Chapter 56 of the Laws of 2019 to eliminate the require- the receipt of residential services for victims of domestic violence, amend- ment that victims of domestic violence apply for public assistance to pay ments were made to Sections 131-u and 459-f of the Social Services Law for the costs of emergency shelter and services at a residential program for (SSL) in Part J of Chapter 56 of the Laws of 2019 to eliminate the require- victims of domestic violence, and repealing requirements that providers ment that victims of domestic violence apply for public assistance to pay charge victims a fee for services. for the costs of emergency shelter and services at a residential program for Nature of Impact: victims of domestic violence, and repealing requirements that providers The office does not expect any reduction of employees or employment charge victims a fee for services. The amendments also require that social opportunities at residential programs for victims of domestic violence. services districts fiscally responsible for a victim of domestic violence Categories and Numbers Affected: must reimburse a domestic violence residential program at the per diem There are no changes in categories or numbers. rate established by the New York State Office of Children and Family Ser- Regions of Adverse Impact: vices (OCFS) reduced by any other reimbursement available for such There are no regions where the regulations would have a disproportion- costs. ate adverse impact on jobs or employment opportunities. Regulatory changes in response to federal and state statutory require- Self-Employment Opportunities: ments include: repealing the requirement that victims of domestic violence No measurable impact on opportunities for self-employment is apply for public assistance; addressing changes to local department of expected. social services’ reimbursement for residential services for victims of do- mestic violence; repealing the levying of fees to victims of domestic violence. 3. Costs: Department of Civil Service It is unknown the impact of compliance costs. The changes in statute remove the requirement for victims to apply for public assistance. Victims of domestic violence now have a choice whether to apply for public assistance. Since it is unknown how many victims of domestic violence NOTICE OF ADOPTION will choose to utilize public assistance, it is unknown what the exact impact will be. Social services districts can defray the cost of the per diem Jurisdictional Classification rate by accessing any other reimbursement available for such costs. This I.D. No. CVS-06-19-00002-A can include funding such as Title XX of the federal Social Security Act. Without these changes in Social Services law and regulations, New York Filing No. 394 State was deemed out of compliance with federal regulations that prohibit Filing Date: 2019-04-25 mandating any condition to the receipt of services for victims of domestic Effective Date: 2019-05-15 violence including assessing fees to victims. As such, federal funding had been halted. The changes in statue and regulations are necessary to avoid further loss of federal funding. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 4. Minimizing adverse impact: cedure Act, NOTICE is hereby given of the following action: These regulatory changes are necessary to comply with federal and Action taken: Amendment of Appendix 2 of Title 4 NYCRR.

4 NYS Register/May 15, 2019 Rule Making Activities

Statutory authority: Civil Service Law, section 6(1) Subject: Jurisdictional Classification. Division of Criminal Justice Purpose: To delete a position from and classify a position in the non- competitive class. Services Text or summary was published in the February 6, 2019 issue of the Reg- ister, I.D. No. CVS-06-19-00002-P. PROPOSED RULE MAKING Final rule as compared with last published rule: No changes. NO HEARING(S) SCHEDULED Text of rule and any required statements and analyses may be obtained from: Jennifer Paul, NYS Department of Civil Service, Empire State Certified Instructors and Course Directors Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: I.D. No. CJS-20-19-00003-P [email protected] Assessment of Public Comment PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The agency received no public comment. cedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of Parts 6018-6026; addition of section NOTICE OF ADOPTION 6023.3-a to Title 9 NYCRR. Statutory authority: Executive Law, sections 837(13), 840(1), (3) and Jurisdictional Classification 841(1) Subject: I.D. No. CVS-06-19-00003-A Certified Instructors and Course Directors. Purpose: Establish/maintain effective procedures governing certified Filing No. 395 instructors and course directors who deliver MPTC-approved courses. Filing Date: 2019-04-25 Substance of proposed rule (Full text is posted at the following State Effective Date: 2019-05-15 website: http://www.criminaljustice.ny.gov/): The Municipal Police Training Council (Council or MPTC) is established within the Division of Criminal Justice Services (Division) pursuant to Executive Law § 839. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Executive Law § 840(1) sets forth that the Council may recommend to cedure Act, NOTICE is hereby given of the following action: the Governor rules and regulations with respect to the oversight of police training schools, minimum qualifications for instructors, minimum basic Action taken: Amendment of Appendix 2 of Title 4 NYCRR. training requirements, categorization of advanced in-service training programs, the development of training programs, and the development of Statutory authority: Civil Service Law, section 6(1) certain written policies and procedures. Subject: Jurisdictional Classification. Executive Law § 840(3) authorizes the Council to: (1) consult and Purpose: To delete positions from and classify positions in the non- advise the Commissioner of the Division (Commissioner) with respect to the exercise of his duties, (2) visit and inspect any police training school competitive class. and correctional programs approved by the Commissioner; (3) make Text or summary was published in the February 6, 2019 issue of the Reg- recommendations to the Commissioner, Governor and Legislature regard- ister, I.D. No. CVS-06-19-00003-P. ing the Council’s implementation of Executive Law § 840; and (4) perform such acts as are necessary or appropriate to carry out the functions of the Final rule as compared with last published rule: No changes. Council. Text of rule and any required statements and analyses may be obtained Executive Law § 841(1) sets forth the Commissioner’s duties to certify from: Jennifer Paul, NYS Department of Civil Service, Empire State police training schools, certify instructors, and issue certificates to police Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: officers and peace officers who have satisfactorily completed basic train- [email protected] ing programs. The Legislature authorized the Council, with the cooperation of the Assessment of Public Comment Division, to oversee approved police training schools and set minimum The agency received no public comment. standards for instructors. Thus, the Legislature clearly intended that the Council, in cooperation with the Division, establish and maintain effective NOTICE OF ADOPTION procedures governing certified instructors and course directors who deliver MPTC-approved courses. Jurisdictional Classification The proposed regulations will strengthen the Council’s and Division’s efforts to comply with Executive Law §§ 840 and 841, and ensure MPTC I.D. No. CVS-06-19-00004-A courses are taught in accordance with the Council’s standards statewide. Filing No. 396 The proposed amendments: (1) create a “course director” designation and Filing Date: 2019-04-25 training course that will allow the Council to certify and train individuals who administer MPTC-course offerings; (2) develop a systematic ap- Effective Date: 2019-05-15 proach for suspension and revocation by the Division, while securing due process for certified instructors and directors via a hearing process PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- administered by the Council; (3) clarify ambiguous portions of the regula- tions by certifying completion of MPTC-approved courses versus certify- cedure Act, NOTICE is hereby given of the following action: ing attendance at non-MPTC courses, requiring course directors to Action taken: Amendment of Appendix 1 of Title 4 NYCRR. maintain records, defining who may administer approved courses, and requiring inclusion of the course director on curriculums submitted to the Statutory authority: Civil Service Law, section 6(1) Division for approval. Subject: Jurisdictional Classification. Part 6018: requires the name of the course director on basic course for correction officers curriculums submitted for approval, and only permits Purpose: To classify a position in the exempt class. course directors to administer the basic course for correction officers. Text or summary was published in the February 6, 2019 issue of the Reg- Part 6019: requires that those who administer pre-employment correc- ister, I.D. No. CVS-06-19-00004-P. tion courses be certified as a course director, only permits course directors to administer pre-employment correction courses, and requires a course Final rule as compared with last published rule: No changes. director certification prior to approval of a pre-employment correction Text of rule and any required statements and analyses may be obtained training school. from: Jennifer Paul, NYS Department of Civil Service, Empire State Part 6020: requires the name of the course director on basic course for Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: police officers curriculums submitted for approval, and only permits [email protected] course directors to administer the basic course for police officers. Part 6021: requires the name of the course director on course in police Assessment of Public Comment supervision curriculums submitted for approval, and only permits course The agency received no public comment. directors to administer the course in police supervision.

5 Rule Making Activities NYS Register/May 15, 2019

Part 6022: requires that those who administer MPTC in-service courses officer requests a course director certification and have successfully be certified as a course director, makes the course director and sponsoring completed MPTC-approved Basic Course for Police Officers or Basic agency both responsible for document submission and record keeping, Course for Peace Officers, as appropriate; (c) if not a police or peace of- requires the name of the course director on MPTC-certified in-service ficer, be sponsored by his or her employing police or peace officer agency, training course curriculums submitted for approval, and permits self- or be appointed by a pre-employment police officer training school, issuance of non-MPTC certificates of attendance. municipality, governing board or organization that administers approved Part 6023: sets forth the requirements for attaining course director certi- police or peace officer training courses; and (d) have successfully fication, sets forth the procedure for the suspension or revocation of an completed an instructor development course (IDC) and a course director instructor or course director certification, provide instructors and directors orientation course (CDOC) approved by the Commissioner. an opportunity to cure suspensions, creates a hearing structure within the The online training will be provided to course directors for free. Council, and sets forth the requirements for conducting a police or peace b. Costs to agency, the state and local governments for the implementa- officer training course. tion and continuation of the rule. Part 6024: sets forth the procedure for suspension or revocation of a The costs are expected to be negligible. firearms instructor certification, provides firearm instructors an op- c. The cost analysis is based on the fact that the online training will be portunity to cure suspensions, and creates a hearing structure within the provided to course directors for free. There will be a cost associated with Council. the development of the course, but no more than usually expected with the Part 6025: requires the name of the course director on basic course for development of online trainings. peace officers curriculums submitted for approval, and only permits course 5. Local government mandates: The mandates on local governments are directors to administer the basic course for peace officers. minimum. The proposed regulations that will amend 9 NYCRR Parts Part 6026: requires that those who administer pre-employment police 6018-6026 are as follows: training courses be certified as a course director. Part 6018: requires the name of the course director on basic course for correction officers curriculums submitted for approval, and only permits Text of proposed rule and any required statements and analyses may be course directors to administer the basic course for correction officers. obtained from: Natasha Harvin-Locklear, Esq., Division of Criminal Part 6019: requires that those who administer pre-employment correc- Justice Services, 80 S. Swan St., Albany, NY 12210, (518) 457-8413, tion courses be certified as a course director, only permits course directors email: [email protected] to administer pre-employment correction courses, and requires a course Data, views or arguments may be submitted to: Same as above. director certification prior to approval of a pre-employment correction Public comment will be received until: 60 days after publication of this training school. notice. Part 6020: requires the name of the course director on basic course for Regulatory Impact Statement police officers curriculums submitted for approval, and only permits 1. Statutory authority: Executive Law § 840(1), (3); Executive Law course directors to administer the basic course for police officers. § 841(1); Executive Law § 837(13). Part 6021: requires the name of the course director on course in police The Municipal Police Training Council (Council or MPTC) is estab- supervision curriculums submitted for approval, and only permits course lished within the Division of Criminal Justice Services (Division) pursu- directors to administer the course in police supervision. ant to Executive Law § 839. Part 6022: requires that those who administer MPTC in-service courses Executive Law § 840(1) sets forth that the Council may recommend to be certified as a course director, makes the course director and sponsoring the Governor rules and regulations with respect to the oversight of police agency both responsible for document submission and record keeping, training schools, minimum qualifications for instructors, minimum basic requires the name of the course director on MPTC-certified in-service training requirements, categorization of advanced in-service training training course curriculums submitted for approval, and permits self- programs, the development of training programs, and the development of issuance of non-MPTC certificates of attendance. certain written policies and procedures. Part 6023: sets forth the requirements for attaining course director certi- Executive Law § 840(3) authorizes the Council to: (1) consult and fication, sets forth the procedure for the suspension or revocation of an advise the Commissioner of the Division (Commissioner) with respect to instructor or course director certification, provide instructors and directors the exercise of his duties, (2) visit and inspect any police training school an opportunity to cure suspensions, creates a hearing structure within the and correctional programs approved by the Commissioner; (3) make Council, and sets forth the requirements for conducting a police or peace recommendations to the Commissioner, Governor and Legislature regard- officer training course. ing the Council’s implementation of Executive Law § 840; and (4) perform Part 6024: sets forth the procedure for suspension or revocation of a such acts as are necessary or appropriate to carry out the functions of the firearms instructor certification, provides firearm instructors an op- Council. portunity to cure suspensions, and creates a hearing structure within the Executive Law § 841(1) sets forth the Commissioner’s duties to certify Council. police training schools, certify instructors, and issue certificates to police Part 6025: requires the name of the course director on basic course for officers and peace officers who have satisfactorily completed basic train- peace officers curriculums submitted for approval, and only permits course ing programs. directors to administer the basic course for peace officers. Executive Law § 837(13) authorizes the Division to adopt, amend or re- Part 6026: requires that those who administer pre-employment police scind regulations “as may be necessary or convenient to the performance training courses be certified as a course director. of the functions, powers and duties of the [D]ivision.” 6. Paperwork: Among other things, the proposed regulations will require 2. Legislative objectives: The Legislature authorized the Council, with course directors and sponsoring agencies to submit and maintain docu- the cooperation of the Division, to oversee approved police training ments and records, and require the inclusion of the course director on cur- schools and set minimum standards for instructors. Thus, the Legislature riculums submitted to the Division for approval. clearly intended that the Council, in cooperation with the Division, estab- 7. Duplication: There are no other federal or State legal requirements lish and maintain effective procedures governing certified instructors and that duplicate the proposed regulations. course directors who deliver MPTC-approved courses. 8. Alternatives: There are no alternatives. The goal of the regulations is 3. Needs and benefits: These proposed regulations will strengthen the to increase and clarify oversight and enforcement capabilities by establish- Council’s and Division’s efforts to comply with Executive Law §§ 840 ing effective procedures governing certified instructors and course direc- and 841, and ensure MPTC courses are taught in accordance with the tors who deliver MPTC-approved courses. Council’s standards statewide. The proposed amendments: (1) create a 9. Federal standards: There are no federal standards. “course director” designation and training course that will allow the 10. Compliance schedule: Regulated parties are expected to be able to Council to certify and train individuals who administer MPTC-course of- comply with the proposed regulations as soon as the regulations are ferings; (2) develop a systematic approach for suspension and revocation adopted. by the Division, while securing due process for certified instructors and Regulatory Flexibility Analysis directors via a hearing process administered by the Council; (3) clarify 1. Effect of rule: The proposed rule applies mostly to course instructors ambiguous portions of the regulations by certifying completion of MPTC- and directors throughout New York State. The mandates on local govern- approved courses versus certifying attendance at non-MPTC courses, ments are minimal. requiring course directors to maintain records, defining who may adminis- 2. Compliance requirements: Executive Law § 840(1) sets forth that the ter approved courses, and requiring inclusion of the course director on cur- Municipal Police Training Council (MPTC or Council) may recommend riculums submitted to the Division for approval. to the Governor rules and regulations with respect to the oversight of po- 4. Costs: a. Costs to regulated parties for the implementation of and lice training schools, minimum qualifications for instructors, minimum continuing compliance with the rule. Each applicant requesting course basic training requirements, categorization of advanced in-service training director certification must: (a) possess a high school diploma or its equiva- programs, the development of training programs, and the development of lent; (b) if a police or peace officer, be employed as such at the time such certain written policies and procedures.

6 NYS Register/May 15, 2019 Rule Making Activities

Executive Law § 840(3) authorizes the Council to: (1) consult and Commissioner of the Division (Commissioner); (3) make recommenda- advise the Commissioner of the Division of Criminal Justice Services tions to the Commissioner, Governor and Legislature regarding the (Division) with respect to the exercise of his duties, (2) visit and inspect Council’s implementation of Executive Law § 840; and (4) perform such any police training school and correctional programs approved by the acts as are necessary or appropriate to carry out the functions of the Commissioner of the Division (Commissioner); (3) make recommenda- Council. tions to the Commissioner, Governor and Legislature regarding the The proposed regulations that will amend 9 NYCRR Parts 6018-6026 Council’s implementation of Executive Law § 840; and (4) perform such are as follows: acts as are necessary or appropriate to carry out the functions of the Part 6018: requires the name of the course director on basic course for Council. The proposed regulations that will amend 9 NYCRR Parts 6018-6026 correction officers curriculums submitted for approval, and only permits are as follows: course directors to administer the basic course for correction officers. Part 6018: requires the name of the course director on basic course for Part 6019: requires that those who administer pre-employment correc- correction officers curriculums submitted for approval, and only permits tion courses be certified as a course director, only permits course directors course directors to administer the basic course for correction officers. to administer pre-employment correction courses, and requires a course Part 6019: requires that those who administer pre-employment correc- director certification prior to approval of a pre-employment correction tion courses be certified as a course director, only permits course directors training school. to administer pre-employment correction courses, and requires a course Part 6020: requires the name of the course director on basic course for director certification prior to approval of a pre-employment correction police officers curriculums submitted for approval, and only permits training school. course directors to administer the basic course for police officers. Part 6020: requires the name of the course director on basic course for Part 6021: requires the name of the course director on course in police police officers curriculums submitted for approval, and only permits supervision curriculums submitted for approval, and only permits course course directors to administer the basic course for police officers. directors to administer the course in police supervision. Part 6021: requires the name of the course director on course in police Part 6022: requires that those who administer MPTC in-service courses supervision curriculums submitted for approval, and only permits course be certified as a course director, makes the course director and sponsoring directors to administer the course in police supervision. agency both responsible for document submission and record keeping, Part 6022: requires that those who administer MPTC in-service courses requires the name of the course director on MPTC-certified in-service be certified as a course director, makes the course director and sponsoring training course curriculums submitted for approval, and permits self- agency both responsible for document submission and record keeping, issuance of non-MPTC certificates of attendance. requires the name of the course director on MPTC-certified in-service Part 6023: sets forth the requirements for attaining course director certi- training course curriculums submitted for approval, and permits self- fication, sets forth the procedure for the suspension or revocation of an issuance of non-MPTC certificates of attendance. instructor or course director certification, provide instructors and directors Part 6023: sets forth the requirements for attaining course director certi- an opportunity to cure suspensions, creates a hearing structure within the fication, sets forth the procedure for the suspension or revocation of an Council, and sets forth the requirements for conducting a police or peace instructor or course director certification, provide instructors and directors officer training course. an opportunity to cure suspensions, creates a hearing structure within the Part 6024: sets forth the procedure for suspension or revocation of a Council, and sets forth the requirements for conducting a police or peace firearms instructor certification, provides firearm instructors an op- officer training course. portunity to cure suspensions, and creates a hearing structure within the Part 6024: sets forth the procedure for suspension or revocation of a Council. firearms instructor certification, provides firearm instructors an op- Part 6025: requires the name of the course director on basic course for portunity to cure suspensions, and creates a hearing structure within the peace officers curriculums submitted for approval, and only permits course Council. directors to administer the basic course for peace officers. Part 6025: requires the name of the course director on basic course for Part 6026: requires that those who administer pre-employment police peace officers curriculums submitted for approval, and only permits course training courses be certified as a course director. directors to administer the basic course for peace officers. 3. Costs: The costs are expected to be negligible. The online training Part 6026: requires that those who administer pre-employment police will be provided to course directors for free. There will be a cost associ- training courses be certified as a course director. ated with the development of the course, but no more than usually expected 3. Professional services: No professional services will be needed to with the development of online trainings. comply with the proposed rule. 4. Minimizing adverse impact: The Division attempted to minimize 4. Compliance costs: The costs are expected to be negligible. The online adverse impact on regulated parties by establishing effective procedures training will be provided to course directors for free. There will be a cost governing certified instructors and course directors who deliver courses associated with the development of the course, but no more than usually approved by the MPTC. expected with the development of online trainings. 5. Rural area participation: The proposed rule was discussed and ap- 5. Economic and technological feasibility: No economic or technologi- proved by the Council, which consists of members who represent entities cal impediments to compliance have been identified. throughout New York State, including those in rural areas. 6. Minimizing adverse impact: The proposed rule mostly applies to Job Impact Statement course instructors and directors throughout New York State. The mandates A Job Impact Statement is not being submitted with this notice because it on local governments are minimal. The Division attempted to minimize is evident from the subject matter of the regulation that it will have no adverse impact on regulated parties by establishing effective procedures adverse impact on jobs or employment opportunities. governing certified instructors and course directors who deliver MPTC- approved courses. 7. Small business and local government participation: The proposed rule was discussed and approved by the Council, which consists of Department of Environmental members who are sheriffs, chiefs of police or commissioners of police, and the commissioner of New York City. Conservation Rural Area Flexibility Analysis 1. Types and estimated numbers of rural areas: The proposed rule ap- plies mostly to course instructors and directors throughout New York State, NOTICE OF ADOPTION an undetermined number of which may be located in a rural area. 2. Reporting, recordkeeping and other compliance requirements; and professional services: Executive Law § 840(1) sets forth that the Munici- Management of Striped Bass pal Police Training Council (MPTC or Council) may recommend to the I.D. No. ENV-07-19-00018-A Governor rules and regulations with respect to the oversight of police training schools, minimum qualifications for instructors, minimum basic Filing No. 402 training requirements, categorization of advanced in-service training Filing Date: 2019-04-30 programs, the development of training programs, and the development of Effective Date: 2019-05-15 certain written policies and procedures. Executive Law § 840(3) authorizes the Council to: (1) consult and advise the Commissioner of the Division of Criminal Justice Services PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (Division) with respect to the exercise of his duties, (2) visit and inspect cedure Act, NOTICE is hereby given of the following action: any police training school and correctional programs approved by the Action taken: Amendment of Part 40 of Title 6 NYCRR.

7 Rule Making Activities NYS Register/May 15, 2019

Statutory authority: Environmental Conservation Law, sections 11-0303, Commercial striped bass fishers are issued a specific amount of serially 13-0105, 13-0339 and 13-0347 numbered tags prior to the start of the fishing season in order to limit com- Subject: Management of Striped Bass. mercial harvest. This rule does not increase the amount of tags commercial Purpose: To revise regulations concerning commercial striped bass fish- fishers will receive. Commercial fishers are required to immediately tag ing season. all the legally sized striped bass that they catch. If they fill all of their tags Text or summary was published in the February 13, 2019 issue of the before the end of the fishing season, they are required to stop fishing for Register, I.D. No. ENV-07-19-00018-P. striped bass. New York’s striped bass commercial fishers are subject to a Final rule as compared with last published rule: No changes. strict yearly quota set by the Atlantic States Marine Fisheries Commission Text of rule and any required statements and analyses may be obtained (ASMFC), which has been 795,795 pounds since the 2015 fishing season. from: Carol Hoffman, New York State Department of Environmental Con- The fishery will close early if the quota is met before the end of the fishing servation, 205 Belle Mead Road, Suite 1, East Setauket, NY 11733, (631) season. Additionally, if New York’s commercial fishers harvest more than 444-0476, email: [email protected] their quota, the quota will be reduced in the following year. The com- Additional matter required by statute: Pursuant to Article 8 of the ECL, mercial striped bass fishery has been under-harvested by an average of the State Environmental Quality Review Act, a Coastal Assessment Form 17% over the last 15 years. and a Short Environmental Assessment Form with a negative determina- Comment: Two commenters expressed concern that the commercial tion have been prepared, and are on file with the Department. fishery “targets” the striped bass spawning stock biomass. Initial Review of Rule DEC Response: DEC’s regulations for both the commercial and As a rule that requires a RFA, RAFA or JIS, this rule will be initially recreational fisheries in the Marine and Coastal District of New York reviewed in the calendar year 2022, which is no later than the 3rd year af- require a 28-inch total length minimum size, as do the coastal areas of ter the year in which this rule is being adopted. most states on the eastern seaboard. A 28-inch minimum size allows the Assessment of Public Comment females to spawn at least once before they are harvested. The commercial The Department of Environmental Conservation (DEC) received 40 let- fishery also has a maximum 38-inch size limit. Having a 28 - 38 inch com- ters and e-mails during the public comment period for the proposed mercial slot size limit protects the larger, more fecund, spawning females. rulemaking. Comment: General support for the proposed rulemaking. Comment: Twelve commenters were opposed to the proposal because Comments were received from 23 commercial fishers expressing sup- they are concerned that the striped bass population is in a steep decline. port for the proposal. Four commenters stated that opening the commercial DEC Response: In 2018, the Northeast Fisheries Science Center striped bass fishing season at an earlier date would be good for their busi- (NEFSC) of the National Oceanographic and Atmospheric Administration ness and would also enable local restaurants and fish markets to have fresh, (NOAA) conducted a stock assessment workshop and peer review of an locally caught fish for Memorial Day. One person commented that, if the ASMFC benchmark stock assessment for striped bass. A summary report rule were in effect, he could keep fish in May that he otherwise would indicates that too many fish are being taken annually and that the striped have to throw back dead. Another stated that the proposed rule would be bass population is below a preferred level of abundance. While the striped good because the weather has been bad in the fall, limiting his fishing bass population is slightly below 1995 levels, it is nowhere near the very opportunities. DEC Response: DEC acknowledges these statements of low levels in the 1980’s when the fishery was previously closed. The support. ASMFC Management Board will decide how to address these problems in Seventeen comments expressed opposition to the proposal. Some com- the striped bass fishery and solutions may include additional restrictions menters stated more than one reason why they were against the proposal, but they are addressed separately for purposes of this assessment. for commercial and/or recreational fishermen. Comment: One commenter stated that all species of fish should have alternating years of commercial fishing versus recreational fishing, i.e., only commercial fishing for one year; only recreational fishing for the next year. Department of Financial Services DEC Response: DEC does not consider this to be a viable option because of the adverse impacts it would have on both commercial fishers and recreational anglers. It would deprive commercial fishers of the op- NOTICE OF ADOPTION portunity to earn their livelihood and would generally disrupt New York’s fish markets by limiting supply. It would also unnecessarily deprive recreational anglers of the opportunity to enjoy their sport, and it would Principle-Based Reserving have detrimental economic impacts on businesses associated with New I.D. No. DFS-52-18-00001-A York’s recreational striped bass fishery (such as bait sellers). Comment: Five commenters stated that DEC should shut down the com- Filing No. 401 mercial fishery, making striped bass a gamefish-only species. Filing Date: 2019-04-30 DEC Response: DEC allows both commercial and recreational harvest Effective Date: 2019-05-15 of striped bass in New York. DEC is required by statute (ECL § 13-0105) to “optimize the benefits of resource use so as to provide valuable recreational experiences and viable business opportunities for commercial PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- and recreational fisheries.” The National Oceanographic and Atmospheric cedure Act, NOTICE is hereby given of the following action: Administration estimated that commercial striped bass fishery in New Action taken: Addition of Part 103 (Regulation 213) to Title 11 NYCRR. York landed a dockside value of 2.2 million dollars in 2016, the latest year for which data are available. Statutory authority: Financial Services Law, sections 102, 201, 202, 301, Comment: Three commenters stated that, if the rule were in effect, there 302; Insurance Law, sections 301, 4217 and 4517 would be fewer fish available for recreational anglers. Nine commenters Subject: Principle-Based Reserving. stated that opening the commercial season at an earlier date would put Purpose: To allow principal-based reserving for certain individual and more pressure on the striped bass population. group life insurance policies and annuity contracts. DEC Response: This rulemaking does not increase the number of striped bass that com- Text or summary was published in the December 26, 2018 issue of the mercial fishers are allowed to harvest, and consequently the Department Register, I.D. No. DFS-52-18-00001-EP. does not anticipate that this rulemaking will result in adverse impacts to Final rule as compared with last published rule: No changes. the recreational fishery. Text of rule and any required statements and analyses may be obtained The recreational fishing season for striped bass starts on April 1 for the from: Joana Lucashuk, Department of Financial Services, One State Hudson River, and April 15 in the Marine and Coastal District. The Street, New York, NY 10004, (212) 480-2125, email: proposed striped bass commercial season would start on May 15, at least [email protected] one month after the start of the recreational fishing season. Recreational Initial Review of Rule anglers of New York do not have any quota for striped bass. The recre- As a rule that requires a RFA, RAFA or JIS, this rule will be initially ational harvest is controlled by size limits and daily bag limits. New York reviewed in the calendar year 2022, which is no later than the 3rd year af- recreational anglers harvested more than 8.8 million pounds of striped bass in 2017, the last year for which there is complete data. On an annual ter the year in which this rule is being adopted. basis, the New York recreational fishery usually takes more than ten times Assessment of Public Comment as much striped bass as the state’s commercial fishery. The agency received no public comment.

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NOTICE OF ADOPTION (3) Compensation Schedules. Through SERFF, a schedule of rates of commissions, compensation and other fees or allowances to agents and Paid Family Leave Risk Adjustment Fund brokers as required by Insurance Law section 4216(e) and sections 185.9 and 187.8 of this Title. I.D. No. DFS-02-19-00008-A (4) Annual and Quarterly Statements. An annual financial statement Filing No. 393 and the required independently audited financial statement of a student health plan certified pursuant to Insurance Law section 1124 or municipal Filing Date: 2019-04-24 cooperative health benefit plan certified pursuant to Insurance Law Article Effective Date: 2019-05-15 47 and a quarterly financial statement of such a municipal cooperative health benefit plan. In addition, the filer also shall file the statements as PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- hard copies. cedure Act, NOTICE is hereby given of the following action: (5) Risk Retention and Purchasing Group Documents. The informa- tion required by Insurance Law sections 5903, 5904, and 5908(a) and (d). Action taken: Addition of Part 364 (Regulation 214) to Title 11 NYCRR. (6) Holding Company and Parent Corporation Applications and Statutory authority: Financial Services Law, sections 202, 302; Insurance Reports. The following holding company and parent corporation applica- Law, sections 301, 3201, 3217, 3221, 4235; Workers’ Compensation Law, tions and reports: sections 204(2)(a), 208(2) and 209(3)(b) (i) an application for acquisition or retention of control or a notice Subject: Paid Family Leave Risk Adjustment Fund. of proposed divestiture of control submitted pursuant to Insurance Law Purpose: To establish the Paid Family Leave Risk Adjustment Fund. section 1506 and section 80-1.6 of this Title; Text or summary was published in the January 9, 2019 issue of the Regis- (ii) an application for a determination of non-control submitted ter, I.D. No. DFS-02-19-00008-P. pursuant to Insurance Law section 1501(c) and section 80-1.3 of this Title; Final rule as compared with last published rule: No changes. (iii) a report submitted pursuant to section 80-1.4 of this Title and Text of rule and any required statements and analyses may be obtained 10 NYCRR 98-1.1.16(e); from: Eamon G. Rock, Department of Financial Services, One Commerce (iv) a request for approval of a transaction and a notice of a Plaza, Albany, NY 12257, (518) 474-4567, email: proposed transaction submitted pursuant to Insurance Law section [email protected] 1505(c) and (d) and section 80-1.5 of this Title or 10 NYCRR 98-1.10(c) Initial Review of Rule and 10 NYCRR 98-1.11(b); (v) notice to acquire, divest, invest in, or organize pursuant to In- As a rule that requires a RFA, RAFA or JIS, this rule will be initially surance Law section 1603, 1701, 1705 or 1710 or section 81-1.1 of this reviewed in the calendar year 2022, which is no later than the 3rd year af- Title; ter the year in which this rule is being adopted. (vi) a registration and any amendment thereto submitted pursuant Assessment of Public Comment to Insurance Law section 1604(a) or 1717(a); The agency received no public comment. (vii) notification of a transaction submitted pursuant to Insurance Law section 1608(e) or 1712(b); PROPOSED RULE MAKING (viii) a report submitted pursuant to section 81-1.2 of this Title; (ix) a request for a waiver submitted pursuant to section 81-1.3 or NO HEARING(S) SCHEDULED 81-2.10 of this Title; (x) a report submitted pursuant to Insurance Law section 1708 and Electronic Filings and Submissions section 81-2.4 of this Title; and I.D. No. DFS-20-19-00002-P (xi) a report submitted pursuant to section 81-2.3 or 81-2.5 of this Title. (7) Agreement for an advance or borrowing; surplus note or principal PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- or interest payments. An agreement submitted for approval pursuant to In- cedure Act, NOTICE is hereby given of the following proposed rule: surance Law section 1307(d) and an application for approval of the issu- Proposed Action: Addition of Part 6 (Regulation 195) to Title 11 NYCRR. ance of a surplus note or principal and interest payments pursuant to In- Statutory authority: Financial Services Law, sections 202, 302; Insurance surance Law section 1307. Law, sections 301 and 316 (8) Dividend distributions. An application or notice of intent to de- clare and distribute a dividend when required to notify the superintendent. Subject: Electronic Filings and Submissions. (9) Medicare supplement insurance advertising filing. Through Purpose: To require certain filings or submissions to be made SERFF, a filing made pursuant to section 215.5(d) of this Title. electronically. (10) Free trade zone report. A financial report submitted pursuant to Text of proposed rule: Section 6.1. Definitions section 16.7(a) of this Title. (a) Accident and health insurance company shall have the meaning set (b)(1) An insurer shall file electronically with the NAIC: forth in Insurance Law section 107(a)(1). (i) its annual and quarterly statements pursuant to Insurance Law (b) Article 43 corporation means a corporation organized pursuant to section 307 or 308 or the Public Health Law and regulations promulgated Insurance Law Article 43. thereunder; (c) Insurer means an insurer authorized to do an insurance business in (ii) its New York supplement or New York data requirement, with this State, including an Article 43 corporation and a health maintenance regard to health maintenance organizations; and organization. (iii) its audited financial statement. (d) Life insurance company shall have the meaning set forth in Insur- (2) The electronic submission shall include all of the schedules, ance Law section 107(a)(28). supplements, and exhibits, except for the NAIC Supplemental Compensa- (e) NAIC means the National Association of Insurance Commissioners. tion Exhibit. (f) SERFF means the NAIC’s System for Electronic Rates and Forms (3) An insurer that files a statement, schedule, supplement, or exhibit Filing or any system designated by the superintendent as substantially electronically pursuant to this subdivision also shall file a hard copy with similar. the superintendent, provided, however, that a foreign insurer, other than a (g) Filer means an insurer or other person or entity required to make a life insurance company or accident and health insurance company, need filing with or submission to the superintendent. not file a hard copy of a statement, schedule, supplement, or exhibit other Section 6.2. Required electronic filings and submissions than the New York supplement jurat page containing the original signature (a) Except where the Insurance Law requires a filer to submit a hard of the insurer’s principal officers and the notary administering the oath. copy, a filer shall submit to the superintendent the following electroni- (c) Notwithstanding any provision of this section, a filer shall submit to cally, in a form and manner acceptable to the superintendent: the superintendent a hard copy of al notarized documents and witness (1) Insurance Fraud Prevention Plans and Reports. A report required statements. by Insurance Law section 405(a) and a fraud prevention plan, subsequent Section 6.3. Exemptions from electronic filing and submission require- plan amendments, and annual reports required by Insurance Law section ments 409(a), (d), and (g). (a) A filer required to make an electronic filing or a submission pursu- (2) Rates and Forms. Through SERFF, a rate, rating plan, rating ant to section 6.2 of this Part may apply to the superintendent for an rule, rating manual, rating classification, territory, or insurance contract exemption from the requirement that the filing or submission be electronic or policy form, except when the filer is a charitable annuity society or as- by submitting a written request to the superintendent for approval at least sessment cooperative but including when the filer is a student health plan 30 days before the filer shall submit to the superintendent the particular certified pursuant to Insurance Law section 1124. filing or submission that is the subject of the request.

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(b) The request for an exemption shall: any costs should be minimal as most filers already file electronically and (1) set forth the filer’s NAIC number or license number, if applicable; for those filers who are unable to file electronically, they may make a hard- (2) identify the specific filing or submission for which the filer is ap- ship exception request. plying for the exemption; DFS will not incur costs for the implementation and continuation of this (3) specify whether the filer is making the request for an exemption rule. based upon undue hardship, impracticability, or good cause, and set forth This rule does not impose compliance costs on any local government. a detailed explanation as to the reason that the superintendent should ap- 5. Local government mandates: This rule does not impose any program, prove the request; and service, duty, or responsibility upon a county, city, town, village, school (4) specify whether the request for an exemption extends to future fil- district, fire district, or other special district. ings or submissions, in addition to the specific filing or submission identi- 6. Paperwork: Filers will not incur additional paperwork because this fied in paragraph (2) of this subdivision. rule requires that filers make certain filings or submissions electronically. (c) The filer requesting an exemption shall submit, upon the superinten- 7. Duplication: This rule does not duplicate, overlap, or conflict with dent’s request, any additional information necessary for the superinten- any existing state or federal rules or other legal requirements. dent to evaluate the filer’s request for an exemption. 8. Alternatives: DFS considered moving electronic filing requirements (d) The filer shall be exempt from the electronic filing or submission from other rules into this rule so that they are all in one rule. However, DFS ultimately decided to leave the other electronic filing requirements in requirement upon the superintendent’s written determination so exempting the rules in which they are currently located. the filer, where the determination specifies the basis upon which the super- 9. Federal standards: The rule does not exceed any minimum standards intendent is granting the request and to which filings or submissions the of the federal government for the same or similar subject areas. exemption applies. 10. Compliance schedule: A filer must comply with this rule within 180 (e) If the superintendent approves a filer’s request for an exemption days after publication in the State Register. from the electronic filing or submission requirement, then the filer shall Regulatory Flexibility Analysis make a filing or submission in a form and manner acceptable to the 1. Effect of rule: Insurance Law § 316 permits the Superintendent of superintendent. Financial Services (“Superintendent”) to promulgate regulations to require Text of proposed rule and any required statements and analyses may be an insurer or other person or entity to make a filing or submission electroni- obtained from: Joana Lucashuk, New York State Department of Financial cally (a “filer”) and allows a filer to make a hardship exception request. Services, One State Street, New York, NY 10004, (212) 480-2125, email: This rule requires a filer to make certain filings and submissions [email protected] electronically. If the Superintendent requires that a filing or submission be made by electronic means, then a filer affected thereby may submit a Data, views or arguments may be submitted to: Same as above. request to the Superintendent for an exemption from the electronic filing Public comment will be received until: 60 days after publication of this requirement upon a demonstration of undue hardship, impracticability, or notice. good cause, subject to the Superintendent’s approval (a “hardship excep- Regulatory Impact Statement tion request”). As such, it should not affect local governments. 1. Statutory authority: Financial Services Law §§ 202 and 302 and In- This rule mainly is directed at insurers or persons or entities who make surance Law §§ 301 and 316. filings or submissions on behalf of insurers. In addition, this rule is in part Financial Services Law § 202 establishes the office of the Superinten- directed at student health plans and municipal cooperative health benefit dent of Financial Services (“Superintendent”). Financial Services Law plans. The Department of Financial Services (“DFS”) does not believe the § 302 and Insurance Law § 301, in material part, authorize the Superinten- foregoing fall within the definition of a “small business” as defined by dent to effectuate any power accorded to the Superintendent by the State Administrative Procedure Act § 102(8) because in general they are Financial Services Law, Insurance Law, or any other law, and to prescribe not independently owned and do not have fewer than 100 employees. regulations interpreting the Insurance Law. Industry asserts that certain insurers, in particular co-op insurers and Insurance Law § 316 permits the Superintendent to promulgate regula- mutual insurers, subject to the rule are small businesses. DFS believes that tions to require an insurer or other person or entity making a filing or the ability to make a hardship exception request under the rule will exclude submission with the Superintendent pursuant to the Insurance Law (a any insurers that may be small businesses from being subject to electronic “filer”) to submit the filing or submission to the Superintendent by filing or submission requirements. electronic means. If the Superintendent requires that a filing or submission Insurance producers and insurance adjusters that may be small busi- be made by electronic means, then a filer may submit a request to the Su- nesses should not be affected by the rule. perintendent for an exemption from the electronic filing requirement upon 2. Compliance requirements: No local government will have to a demonstration of undue hardship, impracticability, or good cause, subject undertake any reporting, recordkeeping, or other affirmative acts to to the Superintendent’s approval (a “hardship exception request”). comply with the rule because the rule does not apply to any local 2. Legislative objectives: Insurance Law § 316 permits the Superinten- government. dent to promulgate regulations to require a filer to make a filing or submis- An insurer that is a small business affected by this rule, if any, will be sion electronically and allows a filer to make a hardship exception request. subject to reporting, recordkeeping, or other compliance requirements This rule accords with the public policy objectives that the Legislature because the rule requires filings or submissions to be submitted sought to advance in Insurance Law § 316 by requiring filers to make electronically. In some instances, an insurer that is a small business will certain filings and submissions electronically and permits a filer to make a need to file both an electronic version and a hard copy. hardship exception request. 3. Professional services: No local government will need professional 3. Needs and benefits: While most filers voluntarily make certain filings services to comply with this rule because the rule does not apply to any lo- or submissions electronically, there is currently no requirement that they cal government. No insurer that is a small business affected by the rule, if make these filings or submissions electronically. This rule requires a filer any, should need to retain professional services to comply with this rule. to make certain filings or submissions electronically, such as filings and 4. Compliance costs: No local government will incur any costs to submissions of insurance fraud prevention plans and reports, rates and comply with this rule because the rule does not apply to any local forms, annual and quarterly statements and supplements, and holding government. An insurer that is a small business affected by this rule, if company and parent corporation applications and reports. Requiring any, may incur additional compliance costs. However, any costs should be electronic filings will allow the Department of Financial Services (“DFS”) minimal as most filers already file electronically and for those filers who to reduce the amount of paper records it must store and will make it easier are unable to file electronically, they may make a hardship exception for Department staff to review filings and submissions, especially request. voluminous filings and submissions. 5. Economic and technological feasibility: This rule does not apply to While certain sections of the rule specifically mention student health any local government. Therefore, no local government should experience plans certified pursuant to Insurance Law § 1124, a student health plan any economic or technological impact as a result of the rule. An insurer also is a “filer” under other sections of the rule to the extent that the filings that is a small business affected by this rule, if any, may experience a are required by Insurance Law § 1124. technological impact as a result of the rule because the rule requires The rule also allows a filer to apply to the Superintendent for an exemp- electronic filings or submissions. However, any technological impact tion from making a filing or submission electronically by submitting a should be minimal as most filers already file electronically and for those written request to the Superintendent for approval at least 30 days before filers who are unable to file electronically, they may make a hardship the filer must submit to the Superintendent the particular filing or submis- exception request. sion that is the subject of the request. If the Superintendent approves a An insurer that is a small business affected by this rule, if any, may filer’s request for an exemption from the electronic filing or submission incur an economic impact. However, any economic impact should be requirement, then the filer must make a filing or submission in a form and minimal as most insurers already file electronically and for those insurers manner acceptable to the Superintendent. who are unable to file electronically, they may make a hardship exception 4. Costs: This rule may impose compliance costs on filers. However, request.

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6. Minimizing adverse impact: There will not be an adverse impact on MENT FOUR – D, NAIC Proceedings - 1986 Vol. I, pp. 601 through 6241 any local government because the rule does not apply to any local shall be used. A copy of such document as adopted by the National As- government. This rule should not have an adverse impact on an insurer sociation of Insurance Commissioners, 2301 McGee Street, Suite 800, that is a small business affected by the rule, if any, because the rule Kansas City, MO 64108-2662, in 1986 is available for public inspection at uniformly affects all insurers that are subject to the rule and merely requires an insurer to make a filing or submission electronically, which the Department of Financial Services’ offices at One Commerce Plaza, most already do. For those filers who are unable to file electronically, they Albany, New York 12257 and at One State Street, New York, New York may make a hardship exception request. 10004. 7. Small business and local government participation: Small businesses (2) For contracts issued on or after January 1, 2019: and local governments will have an opportunity to participate in the rule- (i) For first occurrence and hospitalization benefits: The making process when the proposed rule is published in the State Register 2016 Cancer Claim Cost Valuation Tables (2016 CCCVT)2 shall be used. and posted on DFS’s website. (ii) For all other benefits: an insurer shall use assumptions Rural Area Flexibility Analysis based on company experience, relevant industry experience, and actuarial 1. Types and estimated numbers of rural areas: Insurers and other judgment. These assumptions should be appropriate for valuation that persons and entities affected by this rule (“filers”) operate in every county considers margin for adverse experience. in this state, including rural areas as defined by State Administrative Pro- (3) An insurer may elect to apply the morbidity standards cedure Act § 102(10). described in subclause (2) of this clause for contracts issued on or after 2. Reporting, recordkeeping and other compliance requirements; and January 1, 2018 and prior to January 1, 2019, provided the same stan- professional services: The rule imposes additional reporting, recordkeep- dards are applied to all contracts issued on or after the date elected. ing, and other compliance requirements on filers in rural areas because the Footnote 10 in section 94.10(a)(1)(iv)(a) is renumbered as footnote 11. rule requires filings or submissions to be submitted electronically. In some Footnote 11 in section 94.10(c)(1) is renumbered as footnote 12. instances, a filer will need to file both an electronic version and a hard ——————————— copy. Filers in a rural area should not need to retain professional services 1 NAIC PROCEEDINGS – 1986 VOL. I © Copyright 1986 by National to comply with this rule. Association of Insurance Commissioners, in Kansas City, Missouri. 3. Costs: A filer in a rural area may incur additional compliance costs. 2 2016 Cancer Claim Cost Valuation Tables (2016 CCCVT), published However, any costs should be minimal as most filers in rural areas already file electronically and for those filers who are unable to file electronically, by the National Association of Insurance Commissioners, are hereby they may submit a request to the Superintendent of Financial Services incorporated by reference in this Part. The 2016 CCCVT are readily avail- (“Superintendent”) for an exemption from the electronic filing require- able without charge at the following internet address: www.naic.org/ ment upon a demonstration of undue hardship, impracticability, or good documents/01_naic_2017_cancer_claim_cost_valuation_table.xlsx. The cause, subject to the Superintendent’s approval. 2016 CCCVT are also available for public inspection and copying at the 4. Minimizing adverse impact: This rule uniformly affects filers that are New York State Department of Financial Services, One State Street, New located in both rural and non-rural areas of New York State. The rule York, NY 10004. should not have an adverse impact on rural areas. Text of proposed rule and any required statements and analyses may be 5. Rural area participation: Filers in rural areas will have an opportunity obtained from: Amanda Fenwick, Department of Financial Services, One to participate in the rule-making process when the proposed rule-making Commerce Plaza, Albany, New York 12257, (518) 474-7929, email: is published in the State Register and posted on the Department of [email protected] Financial Service’s website. Data, views or arguments may be submitted to: Same as above. Job Impact Statement Public comment will be received until: 60 days after publication of this This rule should not adversely impact jobs or employment opportunities in notice. New York State. This rule merely requires insurers and other persons and Consensus Rule Making Determination entities to make certain filings and submissions electronically (a “filer”) This proposed rulemaking adopts the 2016 Cancer Claim Cost Valua- and permits a filer to submit a request to the Superintendent of Financial tion Tables (2016 CCCVT) for first occurrence and hospitalization cancer Services (“Superintendent”) for an exemption from the electronic filing expense benefit contracts issued on or after January 1, 2019, or if option- requirement upon a demonstration of undue hardship, impracticability, or ally elected, on or after January 1, 2018, replacing the 1985 NAIC Cancer good cause, subject to the Superintendent’s approval (a “hardship excep- Claim Cost Tables. The 2016 CCCVT is only applicable for first occur- tion request”). Most filers voluntarily make certain filings or submissions rence and hospitalization benefits; therefore, the proposed rulemaking also electronically. For those filers who are unable to file electronically, they specifies that assumptions based on relevant experience shall be used for may make a hardship exception request. all other cancer expense benefits. The proposed valuation standards are the same standards that were adopted by the National Association of Insur- PROPOSED RULE MAKING ance Commissioners (NAIC) in 2017, and were vetted with the life NO HEARING(S) SCHEDULED industry during the NAIC adoption process. Adoption of these valuation standards will result in the same reserve requirements for both domestic and non-domestic insurers doing business in New York. In addition, a cor- Valuation of Individual and Group Accident and Health rection is being made to the date included in Section Insurance Reserves 94.4(b)(1)(ii)(a)(1)(ii)(A) as it had been inadvertently changed previously. I.D. No. DFS-20-19-00004-P For these reasons, no person or entity is likely to object to the adoption of this rulemaking. Accordingly, this rulemaking is determined to be a consensus rulemak- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ing, as defined in State Administrative Procedure Act (“SAPA”) § 102(11), cedure Act, NOTICE is hereby given of the following proposed rule: and is proposed pursuant to SAPA § 202(1)(b)(i). Therefore, this rulemak- Proposed Action: This is a consensus rule making to amend Part 94 ing is exempt from the requirement to file a Regulatory Impact Statement, (Regulation 56) of Title 11 NYCRR. Regulatory Flexibility Analysis for Small Businesses and Local Govern- Statutory authority: Financial Services Law, sections 202, 302; Insurance ments, or a Rural Area Flexibility Analysis. Law, sections 301, 1303, 1304, 1305, 1308, 4117, 4217, 4310 and 4517 Job Impact Statement Subject: Valuation of Individual and Group Accident and Health Insur- The proposed amendment to Insurance Regulation 56 should have no ance Reserves. impact on jobs and employment opportunities. This proposed rulemaking Purpose: To adopt the 2016 Cancer Claim Cost Valuation Tables. adopts the 2016 Cancer Claim Cost Valuation Tables (2016 CCCVT) for first occurrence and hospitalization cancer expense benefit contracts is- Text of proposed rule: Section 94.4(b)(1)(ii)(a)(1)(ii)(A) is amended to sued on or after January 1, 2019, or if optionally elected, on or after Janu- read as follows: (A) in order to calculate the claim reserve as of December ary 1, 2018, replacing the 1985 NAIC Cancer Claim Cost Tables. The 31, [2001] 2002 an insurer may increase the adjusted termination rates for 2016 CCCVT is only applicable for first occurrence and hospitalization months 10 through 24 by 10 percent but must use 100 percent of the benefits; therefore, the proposed rulemaking also specifies that assump- adjusted termination rates for all claim durations beyond the 24th month; tions based on relevant experience shall be used for all other cancer Section 94.10(a)(1)(iii)(a) is amended to read as follows: expense benefits. In addition, a correction is being made to the date (a) Contract Reserves. In establishing contract reserves: included in Section 94.4(b)(1)(ii)(a)(1)(ii)(A) as it had been inadvertently (1) For contracts issued on or after January 1, 1986 and prior changed previously. Insurers should not need to hire additional employees to January 1, 2019: The 1985 NAIC Cancer Claim Cost Tables, ATTACH- or independent contractors to comply with these amendments.

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PROPOSED RULE MAKING Data, views or arguments may be submitted to: Same as above. NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Security at Automated Teller Facilities This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register. I.D. No. DFS-20-19-00005-P Regulatory Impact Statement 1. Statutory authority: Banking Law (or “BL”) Sections 10, 14, 75-g, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 75-n, and Article II-AA; Financial Services Law (or “FSL”) Sections 102, cedure Act, NOTICE is hereby given of the following proposed rule: 201, 202, 301, and 302. Proposed Action: Amendment of section 301.6 of Title 3 NYCRR. BL § 10 sets forth a declaration of policy, including that banking institu- Statutory authority: Banking Law, sections 10, 14, 75-g, 75-n, art. II-AA; tions will be regulated in a manner to insure safe and sound conduct and Financial Services Law, sections 102, 201, 202, 301 and 302 maintain public confidence. BL § 14 references, without limitation, the policy of BL § 10 and sets Subject: Security at automated teller facilities. forth certain powers of the Superintendent under the Banking Law, includ- Purpose: To update the regulation to ensure the removal of obsolete ing the power to “make, alter and amend orders, rules and regulations not language from the reporting requirements under Part 301. inconsistent with law” and, under certain enumerated circumstances, to Text of proposed rule: Section 301.6 is amended to read as follows: “make variations from the requirements” of the Banking Law, provided [(a) such variations are “in harmony with the spirit of the law.” (1)] The semi-annual report of compliance required to be filed pursu- BL Article II-AA is the ATM Safety Act, which was enacted to ensure ant to the provisions of section 75-g of the Banking Law shall be filed with safety of automated teller machine use by establishing security and report- the Department of Financial Services no later than the 15th day of January ing requirements for automated teller machine facilities. and July of each year or the following business day if that day is not a BL § 75-g establishes a report of compliance with the requirements of business day. This report shall be certified, under the penalties of perjury, Article II-AA. and shall be on a form prescribed by the superintendent. [contain language BL § 75-n provides that the Superintendent is empowered to promulgate substantially similar to the following: I, _____, (person at the institution any rules and regulations necessary to define and implement the provi- charged with enforcing compliance with article II-AA of the Banking Law) sions of Article II-AA of the BL. hereby certify, under the penalties of perjury, that all answers contained FSL § 102 sets forth the purpose and goals of the Financial Services herein are true, accurate and complete. Law including, as relevant, to “establish a modern system of regulation, (i) All of the automated teller machine facilities operated by _____ rule making and adjudication” and to ensure “the prudent conduct of the (name of institution) which are subject to the provisions of article II-AA of providers of financial products and services, through responsible regula- the Banking Law (choose one or more of the following, as applicable): tion and supervision.” (a) _____ are in full compliance with the provisions of that FSL § 201 sets forth a declaration of policy for the Department of article; and/or Financial Services (the “Department”) and states, as relevant, that the Su- (b) _____ are in full compliance with the variance or exemption perintendent shall take such actions as the Superintendent believes neces- (as the case may be) granted by the superintendent for the automated teller sary to “foster the growth of the financial industry in New York and spur machine facility (or facilities) located at _____ (specific address); and/or state economic development through judicious regulation and vigilant (c) _____ are not in compliance with the provisions of article II- supervision.” AA. FSL § 202 establishes the Superintendent of Financial Services and (ii) _____ (name of institution) uses and maintains only T-120 provides the Superintendent with broad rights, powers, duties and discre- (commercial/industrial) grade video tapes, or better, in accordance with tion with respect to matters under the Financial Services Law, the Banking the provisions of section 301.5 of this Part. Law, and the Insurance Law. (2) In cases in which some or all of a banking institution’s automated FSL § 301 sets forth the powers of the Superintendent under relevant teller machine facilities are not in compliance with the provisions of article law. II-AA, the semi-annual report shall indicate the following additional FSL § 302 sets forth the power of the Superintendent to prescribe, information: withdraw or amend rules and regulations involving financial products and (i) the specific address of each such facility; services, including in effectuating and interpreting the provisions of the (ii) the manner in which each such facility fails to meet the require- Financial Services Law, the Banking Law, and the Insurance Law, and in ments of that article and the reasons for such non-compliance; and governing the procedures to be followed in the practice of the Department. (iii) a plan to remedy such non-compliance at each such facility, 2. Legislative objectives: The proposed amendment merely removes the including the expected correction date. obsolete language contained in current 3 NYCRR Section 301.6; it does (b) After notice of any violation of the provisions of section 75-c of the not change the requirement to make the report, which is contained in Bank- Banking Law is provided to the Department in any semi-annual report or ing Law Section 75-g. The proposed amendment will ensure that the goals such banking institution is notified of any violation of section 75-c of the of accurate and timely reporting of compliance with Article II-AA, as Banking Law, such banking institution shall file a report of corrective ac- anticipated by Section 75-g, are more fully realized. tion pursuant to section 75-g(2) of the Banking Law no later than 10 busi- 3. Needs and benefits: Without this amendment the language contained ness days following the filing of the semi-annual report or receipt of such in current 3 NYCRR Section 301.6, which is obsolete language, will notification of violation. That report shall be certified, under the penalties continue to be required when fulfilling the report requirements of BL Sec- of perjury, and shall contain language substantially similar to the tion 75-g. The proposed amendment will allow the Department to ensure following: that language required in reporting under Article II-AA of the Banking I, _____, (person at the institution charged with enforcing compliance Law will be current at all times. with article II-AA of the Banking Law) hereby certify, under the penalties 4. Costs: The amendment will impose no cost to the Department, as the of perjury, that all answers contained herein are true, accurate and rule does not change the total amount of submissions required to be made complete. The automated teller machine facility operated by _____ (name to the Department. The Department does not anticipate that the proposed of institution) located at _____ (specific address) which is the subject of amendment will have any impact because the statute and not the rule one or more violations of the provisions of section 75-c of the Banking requires the reporting, and the amendment merely removes obsolete Law, is (chose one of the following): language and allows the Department to ensure all future form language (1) _____ in full compliance with the provisions of section 75-c as of remains current. _____ (date); or 5. Local government mandates: This amendment would impose no new (2) _____ not presently in compliance with the provisions of section mandates on any county, city, town, village, school district, fire district or 75-c and the annexed remedial plan has been implemented and shall be other special district. completed by _____; upon the date of completion of the remedial plan, 6. Paperwork: The rule does not require any additional reporting _____ (name of institution) shall file a certified report of compliance with requirements or paperwork. The statute and not the rule requires the report- the Department of Financial Services stating that the location meets the ing, and the amendment merely removes obsolete language and allows the requirements of section 75-c. Annexed hereto is a description of the reme- Department to ensure form language remains current. dial plan.] 7. Duplication: This rule does not duplicate or conflict with any existing Text of proposed rule and any required statements and analyses may be state or federal rules or other legal requirements. obtained from: Eamon Rock, New York State Department of Financial 8. Alternatives: There are no viable alternatives to this regulation. The Services, One Commerce Plaza, Executive Office, Albany, NY 12257, Department considered not proposing the amendment; however, without (518) 474-4567, email: [email protected] the amendment the obsolete language of the current regulation will

12 NYS Register/May 15, 2019 Rule Making Activities continue to be required, and the Department would not be able to ensure Assessment of Public Comment that the language of the reporting remains current. The agency received no public comment. 9. Federal standards: There are no minimum standards of the federal government for the same or similar subject areas. NOTICE OF ADOPTION 10. Compliance schedule: As the statute and not the rule requires the reporting, and the amendment merely removes obsolete language and al- lows the Department to ensure form language remains current, there Treatment of Thoroughbred Horses with Ultrasound or Electro/ should be no time needed to come into compliance with the regulation. Medical Equipment Before a Race Regulatory Flexibility Analysis I.D. No. SGC-01-19-00002-A The Department finds that the rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on Filing No. 400 small businesses or local governments in New York State. The proposed Filing Date: 2019-04-29 amendment merely eliminates obsolete language from the regulation and Effective Date: ensures that the Department is able to keep reporting forms up to date with 2019-05-15 current language. The statute, not the regulation – either as it is currently composed or as it would be if the proposed amendment was adopted – cre- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ates the reporting requirement; the proposed amendment would not affect cedure Act, NOTICE is hereby given of the following action: this requirement or create any new obligation. Rural Area Flexibility Analysis Action taken: Amendment of section 4043.13 of Title 9 NYCRR. The Department finds that the rule will not impose any adverse impact on Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, rural areas or reporting, recordkeeping or other compliance requirements sections 103(2), 104(1) and (19) on public or private entities in rural areas in New York State. The proposed amendment merely eliminates obsolete language from the regulation and Subject: Treatment of thoroughbred horses with ultrasound or electro/ ensures that the Department is able to keep reporting forms up to date with medical equipment before a race. current language. The statute, not the regulation – either as it is currently Purpose: To enhance the safety and integrity of pari-mutuel racing. composed or as it would be if the proposed amendment was adopted – cre- ates the reporting requirement; the proposed amendment would not affect Text or summary was published in the January 2, 2019 issue of the Regis- this requirement or create any new obligation. ter, I.D. No. SGC-01-19-00002-P. Job Impact Statement Final rule as compared with last published rule: No changes. The Department finds that the rule will not have a substantial adverse Text of rule and any required statements and analyses may be obtained impact on jobs and employment opportunities as apparent from its nature from: Kristen M. Buckley, New York State Gaming Commission, One and purpose in New York State. The proposed amendment merely Broadway Center, PO Box 7500, Schenectady, New York 12031-7500, eliminates obsolete language from the regulation and ensures that the (518) 388-3332, email: [email protected] Department is able to keep reporting forms up to date with current language. The statute, not the regulation – either as it is currently Initial Review of Rule composed or as it would be if the proposed amendment was adopted – cre- As a rule that does not require a RFA, RAFA or JIS, this rule will be ates the reporting requirement; the proposed amendment would not affect initially reviewed in the calendar year 2024, which is no later than the 5th this requirement or create any new obligation. year after the year in which this rule is being adopted. Assessment of Public Comment New York State Gaming The agency received no public comment. Commission NOTICE OF ADOPTION Safety Helmet and Vest Requirements NOTICE OF ADOPTION I.D. No. SGC-01-19-00017-A Filing No. 398 Amendment of Multiple Medication Violation (MMV) Penalty Filing Date: 2019-04-29 Enhancement Rule Effective Date: 2019-05-15 I.D. No. SGC-40-18-00006-A Filing No. 399 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Filing Date: 2019-04-29 cedure Act, NOTICE is hereby given of the following action: Effective Date: 2019-05-15 Action taken: Amendment of sections 4006.7 and 4006.8 of Title 9 NYCRR. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, Action taken: Amendment of sections 4045.1, 4045.3 and 4045.4 of Title sections 103(2), 104(1) and (19) 9 NYCRR. Subject: Safety helmet and vest requirements. Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1) and (19) Purpose: To enhance the integrity and safety of Thoroughbred racing. Subject: Amendment of multiple medication violation (MMV) penalty Text or summary was published in the January 2, 2019 issue of the Regis- enhancement rule. ter, I.D. No. SGC-01-19-00017-P. Purpose: To enable the Commission to enhance the integrity and safety of Final rule as compared with last published rule: No changes. thoroughbred pari-mutuel racing. Text or summary was published in the October 3, 2018 issue of the Regis- Text of rule and any required statements and analyses may be obtained ter, I.D. No. SGC-40-18-00006-P. from: Kristen M. Buckley, Gaming Commission, One Broadway Center, Final rule as compared with last published rule: No changes. PO Box 7500, Schenectady, New York 12031-7500, (518) 388-3332, Text of rule and any required statements and analyses may be obtained email: [email protected] from: Kristen M. Buckley, New York State Gaming Commission, One Initial Review of Rule Broadway Center, PO Box 7500, Schenectady, New York 12031-7500, As a rule that does not require a RFA, RAFA or JIS, this rule will be (518) 388-3332, email: [email protected] initially reviewed in the calendar year 2024, which is no later than the 5th Initial Review of Rule year after the year in which this rule is being adopted. As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2024, which is no later than the 5th Assessment of Public Comment year after the year in which this rule is being adopted. The agency received no public comment.

13 Rule Making Activities NYS Register/May 15, 2019

Comment: The Department received a comment seeking clarification as to the effect the regulation will have on the current operations of an adult Department of Health home or enriched housing program. Response: The amended regulations require that the operator not exclude an individual on the sole basis that such individual is a person NOTICE OF ADOPTION who primarily uses a wheelchair for mobility. The regulations also remove provisions prohibiting operators from accepting any person who is Update Standards for Adult Homes and Standards for Enriched “chronically chairfast and unable to transfer or chronically requires the Housing Programs physical assistance of another person to transfer.” Admissions should be based on the provider’s ability to meet the individual needs of each pro- I.D. No. HLT-37-18-00008-A spective resident. This includes, but is not limited to, the reasonable ac- Filing No. 408 commodation of the individual’s needs, and the ability to safely evacuate Filing Date: 2019-05-02 in the event of an emergency. The Department expects that each provider has sufficient staff at all times to meet the needs of the residents it admits Effective Date: 2019-05-15 and retains in accordance with existing regulations. No changes were made to the regulation as a result of this comment. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Comment: Several comments were received asserting that the regula- cedure Act, NOTICE is hereby given of the following action: tion creates confusion for some operators. The commenters assert that Action taken: Amendment of sections 486.7, 487.4, 488.4, 490.4 and operators with additional certifications for different levels of care are 494.4 of Title 18 NYCRR. subject to different admission/retention standards which appear in conflict Statutory authority: Social Services Law, sections 461 and 461-l(5) with the proposed admission/retention standards affecting their base Subject: Update Standards for Adult Homes and Standards for Enriched licenses. Housing Programs. Response: The proposed regulation does not require that an operator of an adult home or enriched housing program admit or retain any individu- Purpose: To prohibit residential providers from excluding an applicant based solely on the individual’s status as a wheelchair user. al(s) for whom, by virtue of any license or certification conditions, the operator is unable to provide safe and appropriate care. No changes were Text or summary was published in the September 12, 2018 issue of the made to the regulation as a result of this comment. Register, I.D. No. HLT-37-18-00008-P. Comment: Several comments were received by the Department claim- Final rule as compared with last published rule: No changes. ing that the proposed regulations require adult homes and enriched hous- Text of rule and any required statements and analyses may be obtained ing programs to obtain excessive documentation of applicants’ medical from: Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs and mental health conditions, conflicting with federal laws that prohibit Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473- overly broad pre-admission inquiries. The commenters requested that the 7488, email: [email protected] Department prohibit adult homes and enriched housing programs from Initial Review of Rule making overly broad pre-admission inquiries concerning applicants’ phys- As a rule that requires a RFA, RAFA or JIS, this rule will be initially ical and mental health. reviewed in the calendar year 2022, which is no later than the 3rd year af- Response: Consistent with the Rehabilitation Act of 1973, as amended in 1992 and 1998, and the Americans with Disabilities Act of 1990, ter the year in which this rule is being adopted. individuals with disabilities and impairments must be identified, placed Assessment of Public Comment appropriately, and provided with the necessary services and supports to The New York State Department of Health (Department) received com- promote their highest level of functioning and independence. Pre- ments from seven entities regarding the proposed amendments to sections admission inquiries concerning the applicants’ physical, mental, and medi- 486.7, 487.4, 488.4, 490.4 and 494.4 and of Title 18 (Social Services) of cal conditions are necessary to ensure that the applicant is in the most ap- the Official Compilation of Codes, Rules and Regulations of the State of propriate setting and receiving the necessary services, as well as the safety New York. and security of those already receiving services in those settings. Ap- Comment: Several comments were received expressing concern that plicants who believe that their pre-admission inquiries were improperly the proposed regulations prohibit adult homes or enriched housing broad are encouraged to notify the Department for review. No changes programs from admitting individuals with mobility impairments or other were made to the regulation as a result of this comment. disabilities, including individuals who require assistance to walk or climb stairs, in violation of the federal Americans with Disabilities Act (ADA) PROPOSED RULE MAKING and other federal anti-discrimination statutes. Response: The proposed regulations mandate that adult homes and NO HEARING(S) SCHEDULED enriched housing program operators may not exclude individual applicants or residents on the sole basis of an individual’s use of a wheelchair for Schroon Lake Water District mobility and that operators make reasonable accommodations to the extent I.D. No. HLT-20-19-00006-P necessary to admit such individuals, consistent with the requirements of the ADA and other laws. The Department expects that all licensed adult homes and enriched housing programs have policies and procedures in PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- place to protect the rights of prospective and current residents under all cedure Act, NOTICE is hereby given of the following proposed rule: applicable state and federal laws and regulations. No changes were made Proposed Action: Repeal of section 114.20 of Title 10 NYCRR. to the regulation as a result of this comment. Statutory authority: Public Health Law, sections 201(1)(l) and 1100 Comment: Several comments were received expressing concerns that the proposed regulation may prevent adult homes or enriched housing Subject: Schroon Lake Water District. programs from admitting individuals who are bedfast, dependent upon Purpose: The regulation is no longer needed since Horseshoe Pond no medical equipment, experiencing unmanaged urinary or bowel inconti- longer serves as the public drinking water source. nence, or other types of skilled nursing care are summarily barred from Text of proposed rule: Pursuant to the authority vested in the Commis- admission and retention in adult homes and enriched housing programs. sioner of Health by Public Health Law (PHL) §§ 201(1)(l) and 1100, sec- Commenters asserted that the amended regulations do not afford person- tion 114.20 of Title 10 of the Official Compilation of Codes, Rules and centered, individualized assessments of residents, or contemplate reason- Regulations of the State of New York is repealed, in its entirety. able accommodation. Text of proposed rule and any required statements and analyses may be Response: Adult homes and enriched housing programs are not intended obtained from: Katherine Ceroalo, DOH, Bureau of Program Counsel, to serve individuals requiring continual nursing care or supervision. Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, Instead, adult homes and enriched housing programs are intended to (518) 473-7488, email: [email protected] provide lower-level personal care and supervision to individuals unable or substantially unable to live independently but who do not require higher Data, views or arguments may be submitted to: Same as above. levels of care. Admission and retention standards ensure that the prospec- Public comment will be received until: 60 days after publication of this tive resident’s needs can be safely and thoughtfully accommodated. The notice. operator of an adult home or enriched housing program must assess each Regulatory Impact Statement applicant and resident in a person-centered manner and with full consider- Statutory Authority: ation of the existing population served by the facility. No changes were Public Health Law (PHL) § 201(1)(l) authorizes the Commissioner to made to the regulation as a result of this comment. regulate the sanitary aspects of water supplies and to control the pollution

14 NYS Register/May 15, 2019 Rule Making Activities of waters within the State of New York. PHL § 1100 authorizes the Com- missioner to promulgate regulations to protect from contamination the public water supplies of the State, the United States, and the institutions, Office for People with parks, reservations and posts within the State of New York. Legislative Objectives: Developmental Disabilities The statutes cited above are intended to empower the Department of Health (Department) to protect public water supplies from contamination. Needs and Benefits: PROPOSED RULE MAKING 10 NYCRR § 114.20 is no longer needed. The regulation was originally promulgated in 1932 to protect Horseshoe Pond, and all watercourses and NO HEARING(S) SCHEDULED drainage areas tributary to it, as the primary water supply for the Town of Schroon, in Essex County, New York. The year prior, a dam was con- Site Based Prevocational Services structed at the outlet of Horseshoe Pond, creating a 44-acre reservoir. The New York State Water Power and Control Commission granted the Town I.D. No. PDD-20-19-00007-P of Schroon permission to construct a water supply reservoir at Horseshoe Pond on State-owned lands in the Forest Preserve. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Since the dam was constructed, the New York State Department of cedure Act, NOTICE is hereby given of the following proposed rule: Environmental Conservation (DEC), and its predecessor agencies, have been responsible for maintaining the dam in accordance with relevant Proposed Action: This is a consensus rule making to amend section 635- standards. The Town of Schroon, as the owner and operator of the water 10.5 of Title 14 NYCRR. system, is responsible for reimbursing DEC for the cost of any mainte- Statutory authority: Mental Hygiene Law, sections 13.07, 13.09(b), nance work, and for paying DEC a yearly fee as compensation for the use 13.15(a) and 16.00 of Forest Preserve resources as the Town’s water supply. Subject: Site Based Prevocational Services. To comply with the federal Surface Water Treatment Rule, the Town of Schroon replaced the unfiltered Horseshoe Pond source with two drilled Purpose: To make technical corrections. wells. These wells have supplied the Town’s water needs since 2001, after Text of proposed rule: Existing Paragraph 635-10.5(ag)(7) is renumbered which Horseshoe Pond was considered a backup water supply. and amended as follows: Recently, the Town determined that it no longer wishes to use Horseshoe (5[7]) Limits on billable service time. Pond as a backup water supply, and in April of 2014 passed a resolution to (i) On a given weekday, a maximum of the following may be that effect. The Department and DEC agree with the Town that this ar- reimbursed for site based prevocational services: rangement is no longer necessary because the Town has an adequate water (a) One unit of site based prevocational services; or supply. (b) The combination of: Thus, the continued regulation of Horseshoe Pond as a public water (1) One half unit of group day habilitation, or four hours of supply source is no longer needed and represents an unnecessary cost to community prevocational services; and both State and local government. Additionally, removing Horseshoe (2) One half unit of site based prevocational services. Pond’s designation as a public water supply would allow certain recre- (c) Additional combinations: ational activities to occur in the area that are currently prohibited. (1) For individuals residing in individualized residential Finally, DEC has indicated that after the repeal of this regulation the alternatives (IRAs), community residences (CRs) and family care homes: agency will move forward with removal of the dam, consistent with the (i) One half unit of group day habilitation, or four hours of desires of the Town, thereby resulting in savings to the State. community habilitation or community prevocational services or a Costs: combination of both; and Repealing this regulation would not result in any increased costs, but (ii) One half unit of site based prevocational services. would result in cost savings to both State and local government. (2) For individuals who receive one half unit of supplemental Local Government Mandates: group day habilitation: Repealing this regulation would not create any local government (i) One half unit of group day habilitation services, or four mandates. hours of community prevocational services and one half unit of site based Paperwork: prevocational services; or Repealing this regulation would not create any increased paperwork. (ii) One unit of site based prevocational services Duplication: (3) For individuals who receive one full unit of supplemental No federal or State rules or legal requirements duplicate, overlap or group day habilitation, one half unit of site based prevocational services. conflict with this rule. (ii) Delivery of site based prevocational services is not Alternatives: permitted on a weekend day for individuals residing in IRAs, CRs, and The alternative would be to leave the regulation in place, continuing an Family Care Homes. unnecessary regulation that imposes costs on both State and local (iii) On a given weekend day, a maximum of the following government. may be reimbursed for site based prevocational services for individuals Federal Standards: not residing in IRAs, CRs, and Family Care Homes: Repealing this regulation would not result in exceedance of any mini- (a) One unit of site based prevocational services; or mum standards of the Federal government. (b) The combination of: Compliance Schedule: (1) One half unit of site based prevocational services; The repeal of this regulation will become effective upon the publication and of the Notice of Adoption in the State Register. (2) Four hours of community prevocational services Regulatory Flexibility Analysis (c) Additional combinations: No regulatory flexibility analysis is required pursuant to section 202- (1) For individuals who receive one half unit of supplemental group day habilitation, six hours of community prevocational (b)(3)(a) of the State Administrative Procedure Act. The proposed amend- services or one full unit of site based prevocational services. ment does not impose an adverse economic impact on small businesses or (2) For individuals who receive one full unit of local governments, and it does not impose reporting, record keeping or supplemental group day habilitation, four hours of community prevoca- other compliance requirements on small businesses or local governments. tional services or one half unit of site based prevocational services. Rural Area Flexibility Analysis (d) Services specified in clauses (a)-(c) of this subpara- A Rural Area Flexibility Analysis for these amendments is not being graph cannot be provided simultaneously with community habilitation. submitted because the amendments will not impose any adverse impact or (iv) Allowable Community Based Prevocational services significant reporting, record keeping or other compliance requirements on provided without the individual present may be delivered when the indi- public or private entities in rural areas. There are no professional services, vidual is simultaneously receiving another direct Medicaid service. Allow- capital, or other compliance costs imposed on public or private entities in able Site Based Prevocational services provided with the individual pre- rural areas as a result of the proposed amendments. sent may not be delivered when the individual is simultaneously receiving another direct Medicaid service. An exception is the provision of Medicaid Job Impact Statement Service Coordination/Care Coordination, which may be provided simulta- A Job Impact Statement for these amendments is not being submitted neously with allowable Site Based Prevocational services activities. because it is apparent from the nature and purposes of the amendments Existing Paragraph 635-10.5(ag)(5) is renumbered as follows: that they will not have a substantial adverse impact on jobs and/or employ- (6[5]) Documentation. Reimbursement is contingent on compliance ment opportunities. with documentation requirements as follows.

15 Rule Making Activities NYS Register/May 15, 2019

Text of proposed rule and any required statements and analyses may be 2655, email: [email protected] An IRS employer ID no. or social obtained from: Office of Counsel, Bureau of Policy and Regulatory Af- security no. is required from firms or persons to be billed 25 cents per fairs, Office for People With Developmental Disabilities (OPWDD), 44 page. Please use tracking number found on last line of notice in requests. Holland Avenue, 3rd Floor, Albany, NY 12229, (518) 474-7700, email: Assessment of Public Comment [email protected] An assessment of public comment is not submitted with this notice because Data, views or arguments may be submitted to: Same as above. the rule is within the definition contained in section 102(2)(a)(ii) of the Public comment will be received until: 60 days after publication of this State Administrative Procedure Act. notice. (18-G-0553SA1) Additional matter required by statute: Pursuant to the requirements of the NOTICE OF ADOPTION State Environmental Quality Review Act, OPWDD, as lead agency, has determined that the action described herein will have no effect on the Initial Rate Filing environment and an E.I.S. is not needed. This rule was not under consideration at the time this agency submitted I.D. No. PSC-41-18-00003-A its Regulatory Agenda for publication in the Register. Filing Date: 2019-04-24 Consensus Rule Making Determination Effective Date: 2019-04-24 OPWDD is amending Title 14 NYCRR Section 635-10.5 to correct in- advertent deletion of pertinent regulatory sections. This correction is nec- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- essary to ensure providers bill for services in the appropriate manner. OPWDD has determined that due to the nature and purpose of the cedure Act, NOTICE is hereby given of the following action: amendment, no person is likely to object to the rule as written. Action taken: On 4/18/19, the PSC adopted an order approving Three Job Impact Statement Bears Water Supply, Inc.’s (Three Bears Water) initial electronic tariff A Job Impact Statement for the amendments is not being submitted schedule, P.S.C. No. 1 — Water, effective May 1, 2019. because it is apparent from the nature and purposes of the amendments Statutory authority: Public Service Law, sections 4(1), 5(1)(f), (4), 89- that they will not have a substantial adverse impact on jobs and/or employ- c(1), (10)(a), 89-e(2) and 89-h ment opportunities. Subject: Initial rate filing. The regulations amend Title 14 NYCRR 635-10.5 to add back regula- Purpose: To approve Three Bears Water’s initial electronic tariff sched- tory sections to the regulation which were inadvertently deleted in a previ- ule, P.S.C. No. 1 — Water. ous amendment, regarding billable service time for Site Based Prevoca- tional Services. The amendments will not result in costs, including staffing Substance of final rule: The Commission, on April 18, 2019, adopted an costs, or new compliance requirements for providers and consequently, order approving Three Bears Water Supply, Inc.’s (Three Bears Water) the amendments will not have a substantial impact on jobs or employment initial electronic tariff schedule, P.S.C. No. 1 — Water, effective May 1, opportunities in New York State. 2019. Three Bears Water is directed to file a supplement cancelling its entire original tariff schedule, P.S.C. No. 1 — Water, on or before April 30, 2019. Three Bears Water is also granted a waiver of the Commission’s rate setting authority pursuant to Public Service Law § 5(4), subject to the Public Service Commission terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- NOTICE OF ADOPTION sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per Tariff Amendments page. Please use tracking number found on last line of notice in requests. I.D. No. PSC-39-18-00007-A Assessment of Public Comment Filing Date: 2019-04-24 An assessment of public comment is not submitted with this notice because Effective Date: 2019-04-24 the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. (18-W-0600SA1) PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: NOTICE OF ADOPTION Action taken: On 4/18/19, the PSC adopted an order denying, in part and modifying, in part, National Fuel Gas Distribution Corporation’s (NFG) Tariff Amendments petition for amendments to P.S.C. No. 9 — Gas, implementing a safety pilot program and enhanced energy efficiency initiatives. I.D. No. PSC-44-18-00011-A Statutory authority: Public Service Law, sections 65 and 66 Filing Date: 2019-04-24 Subject: Tariff amendments. Effective Date: 2019-04-24 Purpose: To deny, in part and modify, in part, NFG’s petition for amend- ments to P.S.C. No. 9 — Gas. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Substance of final rule: The Commission, on April 18, 2019, adopted an cedure Act, NOTICE is hereby given of the following action: order denying, in part and modifying, in part, National Fuel Gas Distribu- Action taken: On 4/18/19, the PSC adopted an order directing Niagara tion Corporation’s (NFG) petition for amendments to P.S.C. No. 9 — Gas, Mohawk Power Corporation d/b/a National Grid (National Grid) to file implementing a safety pilot program and enhanced energy efficiency tariff amendments to the Electric Supply Reconciliation Mechanism initiatives. The use of unspent Conservation Incentive Program funds for Whitepaper. Safety Pilot Programs and the enhancement of NFG’s existing Low Statutory authority: Public Service Law, sections 65 and 66 Income Usage Reduction Program and Furnace Repair and Replacement Program is denied. NFG’s proposal for a two-year extension of its existing Subject: Tariff amendments. System Modernization Tracker sunset provision is approved, with Purpose: To direct National Grid to file tariff amendments to the Electric modifications, to a one-year extension from March 31, 2020 to March 31, Supply Reconciliation Mechanism Whitepaper. 2021 contingent upon NFG not filing a base rate case to become effective Substance of final rule: The Commission, on April 18, 2019, adopted an prior to April 1, 2021. The tariff amendment filed by NFG is authorized to order directing Niagara Mohawk Power Corporation d/b/a National Grid become effective on May 1, 2019, provided that NFG files a further tariff to file tariff amendments consistent with those provided in the attachment revision, consistent with the discussion in the Order, on not less than five to the Electric Supply Reconciliation Mechanism Whitepaper on not less days’ notice, to become effective May 1, 2019, subject to the terms and than three days’ notice to become effective May 1, 2019, subject to the conditions set forth in the order. terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-

16 NYS Register/May 15, 2019 Rule Making Activities

2655, email: [email protected] An IRS employer ID no. or social 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. page. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (17-E-0238SA4) (12-E-0201SA9) NOTICE OF ADOPTION NOTICE OF ADOPTION Termination of the IEAM 2018 Outcome-Based EAM Collaborative Report I.D. No. PSC-45-18-00003-A I.D. No. PSC-51-18-00011-A Filing Date: 2019-04-24 Filing Date: 2019-04-25 Effective Date: 2019-04-24 Effective Date: 2019-04-25

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: On 4/18/19, the PSC adopted an order directing the Joint Action taken: On 4/18/19, the PSC adopted an order approving the recom- Utilities to terminate the Interconnection Earnings Adjustment Mecha- mendations of Consolidated Edison Company of New York, Inc.’s (Con nism (IEAM). Edison) 2018 Outcome-Based Earnings Adjustment Mechanisms (EAM) Statutory authority: Public Service Law, sections 4(1), 5(1), (2), 65, 66(1) Collaborative Report. and (12) Statutory authority: Public Service Law, sections 4(1) and 66(1) Subject: Termination of the IEAM. Subject: 2018 Outcome-Based EAM Collaborative Report. Purpose: To direct the Joint Utilities to terminate the IEAM. Purpose: To approve the recommendations of Con Edison’s 2018 Outcome-Based EAM Collaborative Report. Substance of final rule: The Commission, on April 18, 2019, adopted an Substance of final rule: The Commission, on April 18, 2019, adopted an order directing Central Hudson Gas & Electric Corporation, Consolidated order approving the recommended metrics, targets, and allocation of Edison Company of New York, Inc., New York State Electric & Gas financial incentives contained in Consolidated Edison Company of New Corporation, Niagara Mohawk Power Corporation d/b/a National Grid, York, Inc.’s 2018 Outcome-Based Earnings Adjustment Mechanisms Col- Orange and Rockland Utilities, Inc. and Rochester Gas and Electric laborative Report, subject to the terms and conditions set forth in the order. Corporation to terminate the Interconnection Earning Adjustment Mecha- Final rule as compared with last published rule: No changes. nism efforts, subject to the terms and conditions set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis- Final rule as compared with last published rule: No changes. sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- Text of rule may be obtained from: John Pitucci, Public Service Commis- 2655, email: [email protected] An IRS employer ID no. or social sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- security no. is required from firms or persons to be billed 25 cents per 2655, email: [email protected] An IRS employer ID no. or social page. Please use tracking number found on last line of notice in requests. security no. is required from firms or persons to be billed 25 cents per Assessment of Public Comment page. Please use tracking number found on last line of notice in requests. An assessment of public comment is not submitted with this notice because Assessment of Public Comment the rule is within the definition contained in section 102(2)(a)(ii) of the An assessment of public comment is not submitted with this notice because State Administrative Procedure Act. the rule is within the definition contained in section 102(2)(a)(ii) of the (16-E-0060SA8) State Administrative Procedure Act. (16-M-0429SA5) NOTICE OF ADOPTION

NOTICE OF ADOPTION Community Development Fund Pilot Program Modification of National Grid’s 2017 Estimating Metric Project I.D. No. PSC-51-18-00014-A List Filing Date: 2019-04-25 I.D. No. PSC-47-18-00006-A Effective Date: 2019-04-25 Filing Date: 2019-04-24 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Effective Date: 2019-04-24 cedure Act, NOTICE is hereby given of the following action: Action taken: On 4/18/19, the PSC adopted an order approving New York PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- State Electric & Gas Corporation’s (NYSEG) petition to waive the expira- cedure Act, NOTICE is hereby given of the following action: tion and extend the Community Development Fund Pilot Program. Action taken: On 4/18/19, the PSC adopted an order approving Niagara Statutory authority: Public Service Law, section 66 Mohawk Power Corporation d/b/a National Grid’s (National Grid) peti- Subject: Community Development Fund Pilot Program. tion to modify its 2017 estimating metric project list by excluding 15 projects. Purpose: To approve NYSEG’s petition to waive the expiration and extend the Community Development Fund Pilot Program. Statutory authority: Public Service Law, sections 5 and 66 Substance of final rule: The Commission, on April 18, 2019, adopted an Subject: Modification of National Grid’s 2017 estimating metric project order approving New York State Electric & Gas Corporation’s (NYSEG) list. petition to waive the expiration and extend the Community Development Purpose: To approve National Grid’s petition to modify its 2017 estimat- Fund (CDF) Pilot Program. NYSEG is authorized to use up to $80,000 of ing metric project list. the CDF Program funds established in the Order Approving Electric and Substance of final rule: The Commission, on April 18, 2019, adopted an Gas Rate Plans in Accord with Joint Proposal, issued June 15, 2016, to order approving Niagara Mohawk Power Corporation d/b/a National match third party grants and offset the Town of Maine’s gas line extension Grid’s (National Grid) petition for modifications to its 2017 estimating cost, subject to the terms and conditions set forth in the order. metric project list by excluding 15 projects. National Grid is also directed Final rule as compared with last published rule: No changes. to defer on its books from shareholder funds a ratepayer credit of $2 mil- Text of rule may be obtained from: John Pitucci, Public Service Commis- lion, subject to the terms and conditions set forth in the order. sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- Final rule as compared with last published rule: No changes. 2655, email: [email protected] An IRS employer ID no. or social Text of rule may be obtained from: John Pitucci, Public Service Commis- security no. is required from firms or persons to be billed 25 cents per sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- page. Please use tracking number found on last line of notice in requests.

17 Rule Making Activities NYS Register/May 15, 2019

Assessment of Public Comment (18-E-0735SA1) An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the NOTICE OF ADOPTION State Administrative Procedure Act. (15-G-0284SA2) Modifications to National Grid’s Economic Development Plan NOTICE OF ADOPTION I.D. No. PSC-01-19-00012-A Filing Date: 2019-04-24 Agreement for the Provision of Water Service and Tariff Waivers Effective Date: 2019-04-24 I.D. No. PSC-01-19-00009-A Filing Date: 2019-04-25 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Effective Date: 2019-04-25 cedure Act, NOTICE is hereby given of the following action: Action taken: On 4/18/19, the PSC adopted an order approving Niagara PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Mohawk Power Corporation d/b/a National Grid’s modifications to its cedure Act, NOTICE is hereby given of the following action: Economic Development Plan. Action taken: On 4/18/19, the PSC adopted an order approving the terms Statutory authority: Public Service Law, sections 4, 5 and 66 of the Agreement for the Provision of Water Service by and between Saratoga Water Services Inc. (SWS) and RM Dalrymple Company, Inc. Subject: Modifications to National Grid’s Economic Development Plan. (RM) and waivers of SWS’s tariff, P.S.C. No. 3 — Water. Purpose: To approve National Grid’s modifications to its Economic Statutory authority: Public Service Law, sections 4(1), 20(1) and 89-b Development Plan. Subject: Agreement for the provision of water service and tariff waivers. Substance of final rule: The Commission, on April 18, 2019, adopted an Purpose: To approve the terms of SWS and RM’s Agreement for the Pro- order approving Niagara Mohawk Power Corporation d/b/a National vision of Water Service and SWS’s tariff waivers. Grid’s modifications to its Economic Development Plan, subject to the Substance of final rule: The Commission, on April 18, 2019, adopted an terms and conditions set forth in the order. order approving the terms and conditions of the Agreement for the Provi- Final rule as compared with last published rule: No changes. sion of Water Service dated January 7, 2016, by and between Saratoga Water Services Inc. and RM Dalrymple Company, Inc. The requested Text of rule may be obtained from: John Pitucci, Public Service Commis- waivers of Saratoga Water Services, Inc.’s tariff PSC No. 3 — Water, sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- § XI(1) and XIII, and 16 NYCRR § 501.2, 501.3, 501.4, 501.6, 501.9, and 2655, email: [email protected] An IRS employer ID no. or social 502.3 are granted, subject to the terms and conditions set forth in the order. security no. is required from firms or persons to be billed 25 cents per Final rule as compared with last published rule: No changes. page. Please use tracking number found on last line of notice in requests. Text of rule may be obtained from: John Pitucci, Public Service Commis- Assessment of Public Comment sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- An assessment of public comment is not submitted with this notice because 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per the rule is within the definition contained in section 102(2)(a)(ii) of the page. Please use tracking number found on last line of notice in requests. State Administrative Procedure Act. Assessment of Public Comment (17-E-0238SA5) An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the NOTICE OF ADOPTION State Administrative Procedure Act. (16-W-0030SA1) Submetering of Electricity I.D. No. PSC-02-19-00011-A NOTICE OF ADOPTION Filing Date: 2019-04-26 Submetering of Electricity Effective Date: 2019-04-26 I.D. No. PSC-01-19-00010-A Filing Date: 2019-04-26 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Effective Date: 2019-04-26 Action taken: On 4/18/19, the PSC adopted an order approving Victor Nomad LLC’s (Victor Nomad) notice of intent to submeter electricity at PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 277 Fifth Avenue, New York, New York. cedure Act, NOTICE is hereby given of the following action: Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Action taken: On 4/18/19, the PSC adopted an order approving 100 East 53rd Street Condominium’s (100 East) notice of intent to submeter 53, 65(1), 66(1), (2), (3), (4), (12) and (14) electricity at 100 East 53rd Street, New York, New York. Subject: Submetering of electricity. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Purpose: To approve Victor Nomad’s notice of intent to submeter 53, 65(1), 66(1), (2), (3), (4), (12) and (14) electricity. Subject: Submetering of electricity. Substance of final rule: The Commission, on April 18, 2019, adopted an Purpose: To approve 100 East’s notice of intent to submeter electricity. order approving Victor Nomad LLC’s notice of intent to submeter electric- Substance of final rule: The Commission, on April 18, 2019, adopted an ity at 277 Fifth Avenue, New York, New York, located in the service terri- order approving 100 East 53rd Street Condominium’s notice of intent to tory of Consolidated Edison Company of New York, Inc., subject to the submeter electricity at 100 East 53rd Street, New York, New York, located terms and conditions set forth in the order. in the service territory of Consolidated Edison Company of New York, Final rule as compared with last published rule: No changes. Inc., subject to the terms and conditions set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis- Final rule as compared with last published rule: No changes. sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- Text of rule may be obtained from: John Pitucci, Public Service Commis- 2655, email: [email protected] An IRS employer ID no. or social sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- security no. is required from firms or persons to be billed 25 cents per 2655, email: [email protected] An IRS employer ID no. or social page. Please use tracking number found on last line of notice in requests. security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (18-E-0763SA1)

18 NYS Register/May 15, 2019 Rule Making Activities

NOTICE OF ADOPTION (18-G-0738SA1) Use of NRA Gas Safety Performance Settlement Funds NOTICE OF ADOPTION I.D. No. PSC-02-19-00012-A Submetering of Electricity Filing Date: 2019-04-24 Effective Date: 2019-04-24 I.D. No. PSC-04-19-00003-A Filing Date: 2019-04-26 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Effective Date: 2019-04-26 cedure Act, NOTICE is hereby given of the following action: Action taken: On 4/18/19, the PSC adopted an order authorizing National PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Fuel Gas Distribution Corporation (NFG) to use all remaining negative revenue adjustment (NRA) gas safety performance settlement funds. cedure Act, NOTICE is hereby given of the following action: Statutory authority: Public Service Law, sections 5, 65 and 66 Action taken: On 4/18/19, the PSC adopted an order approving 283 Subject: Use of NRA gas safety performance settlement funds. Greene LLC’s (283 Greene) notice of intent to submeter electricity at 283 Greene Avenue, Brooklyn, New York. Purpose: To authorize NFG to use NRA gas safety performance settle- ment funds. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Substance of final rule: The Commission, on April 18, 2019, adopted an 53, 65(1), 66(1), (2), (3), (4), (12) and (14) order authorizing National Fuel Gas Distribution Corporation (NFG) to Subject: Submetering of electricity. use all remaining negative revenue adjustment (NRA) gas safety perfor- Purpose: To approve 283 Greene’s notice of intent to submeter electricity. mance settlement funds approved in Case 13-G-0136 for its proposed first responder program, subject to it preparing a written plan, within 60 days Substance of final rule: The Commission, on April 18, 2019, adopted an of the issuance of the Order, detailing how the funds will be distributed order approving 283 Greene LLC’s notice of intent to submeter electricity and obtaining approval of the Chief of the Pipeline Safety Section prior to at 283 Greene Avenue, Brooklyn, New York, located in the service terri- disbursing funds. NFG is directed to file quarterly reports beginning July tory of Consolidated Edison Company of New York, Inc., subject to the 1, 2019, until all funding is depleted or until otherwise directed by the terms and conditions set forth in the order. Commission, identifying the level of funds that have been disbursed, and who the recipients were during the quarter and cumulatively, subject to the Final rule as compared with last published rule: No changes. terms and conditions set forth in the order. Text of rule may be obtained from: John Pitucci, Public Service Commis- Final rule as compared with last published rule: No changes. sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- Text of rule may be obtained from: John Pitucci, Public Service Commis- 2655, email: [email protected] An IRS employer ID no. or social sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- security no. is required from firms or persons to be billed 25 cents per 2655, email: [email protected] An IRS employer ID no. or social page. Please use tracking number found on last line of notice in requests. security no. is required from firms or persons to be billed 25 cents per Assessment of Public Comment page. Please use tracking number found on last line of notice in requests. An assessment of public comment is not submitted with this notice because Assessment of Public Comment the rule is within the definition contained in section 102(2)(a)(ii) of the An assessment of public comment is not submitted with this notice because State Administrative Procedure Act. the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. (18-E-0776SA1) (13-G-0136SA8) NOTICE OF ADOPTION NOTICE OF ADOPTION Certificate of Confirmation and Petition for Limited Waivers Tariff Amendments I.D. No. PSC-05-19-00010-A I.D. No. PSC-02-19-00013-A Filing Date: 2019-04-24 Filing Date: 2019-04-25 Effective Date: 2019-04-24 Effective Date: 2019-04-25 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: On 4/18/19, the PSC adopted an order approving Frontier Action taken: On 4/18/19, the PSC adopted an order approving Niagara Communications of New York, Inc.’s (Frontier) Certificate of Confirma- Mohawk Power Corporation d/b/a National Grid’s (National Grid) tariff tion and petition for limited waivers for its cable television franchise with amendments to P.S.C. No. 219 — Gas, effective May 1, 2019. the Town of Wallkill, Orange County. Statutory authority: Public Service Law, sections 65 and 66 Statutory authority: Public Service Law, sections 215, 216 and 221 Subject: Tariff amendments. Subject: Certificate of Confirmation and petition for limited waivers. Purpose: To approve National Grid’s tariff amendments to P.S.C. No. 219 Purpose: To approve Frontier’s Certificate of Confirmation and petition — Gas. for limited waivers. Substance of final rule: The Commission, on April 18, 2019, adopted an Substance of final rule: The Commission, on April 18, 2019, adopted an order approving Niagara Mohawk Power Corporation d/b/a National order approving Frontier Communications of New York, Inc.’s application Grid’s tariff amendments to P.S.C. No. 219 — Gas, to establish minimum for a Certificate of Confirmation and petition for limited waivers of certain delivery requirements and make clarifying revisions to its Capacity of the Commission’s rules in Parts 890 and 895 for its Cable Television Release Program under Service Classification No. 11 — Load Aggrega- Franchise with the Town of Wallkill, Orange County, subject to the terms tion, to become effective on May 1, 2019, subject to the terms and condi- and conditions set forth in the order. tions set forth in the order. Final rule as compared with last published rule: No changes. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. page. Please use tracking number found on last line of notice in requests. Assessment of Public Comment Assessment of Public Comment An assessment of public comment is not submitted with this notice because An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. State Administrative Procedure Act. (18-V-0725SA1)

19 Rule Making Activities NYS Register/May 15, 2019

NOTICE OF ADOPTION www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole or in part, the action proposed and may resolve related matters. Submetering of Electricity Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our I.D. No. PSC-05-19-00011-A website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Filing Date: 2019-04-26 Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Effective Date: 2019-04-26 York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- York 12223-1350, (518) 474-6530, email: [email protected] cedure Act, NOTICE is hereby given of the following action: Public comment will be received until: 60 days after publication of this Action taken: On 4/18/19, the PSC adopted an order approving W2005/ notice. Hines West Fifty-Third Realty, LLC’s (W2005/Hines) notice of intent to Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural submeter electricity at 53 West 53rd Street, New York, New York. Area Flexibility Analysis and Job Impact Statement Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Statements and analyses are not submitted with this notice because the 53, 65(1), 66(1), (2), (3), (4), (12) and (14) proposed rule is within the definition contained in section 102(2)(a)(ii) of Subject: Submetering of electricity. the State Administrative Procedure Act. Purpose: To approve W2005/Hines’s notice of intent to submeter (14-M-0224SP18) electricity. Substance of final rule: The Commission, on April 18, 2019, adopted an PROPOSED RULE MAKING order approving W2005/Hines West Fifty-Third Realty, LLC’s notice of NO HEARING(S) SCHEDULED intent to submeter electricity at 53 West 53rd Street, New York, New York, located in the service territory of Consolidated Edison Company of New Petition to Submeter Electricity York, Inc., subject to the terms and conditions set forth in the order. Final rule as compared with last published rule: No changes. I.D. No. PSC-20-19-00009-P Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 2655, email: [email protected] An IRS employer ID no. or social cedure Act, NOTICE is hereby given of the following proposed rule: security no. is required from firms or persons to be billed 25 cents per Proposed Action: The Commission is considering the petition of 533 48th page. Please use tracking number found on last line of notice in requests. Avenue Condominium LLC to submeter electricity at 5-33 48th Avenue, Assessment of Public Comment Queens, New York. An assessment of public comment is not submitted with this notice because Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, the rule is within the definition contained in section 102(2)(a)(ii) of the 53, 65(1), 66(1), (2), (3), (4), (12) and (14) State Administrative Procedure Act. Subject: Petition to submeter electricity. (18-E-0769SA1) Purpose: To ensure adequate submetering equipment and consumer protections are in place. PROPOSED RULE MAKING Substance of proposed rule: The Commission is considering the petition filed by 533 48th Avenue Condominium LLC on March 28, 2019, request- NO HEARING(S) SCHEDULED ing authorization to submeter electricity at 5-33 48th Avenue, Queens, New York, located in the service territory of Consolidated Edison Reporting on Energy Sources Company of New York, Inc. (Con Edison). I.D. No. PSC-20-19-00008-P In the petition, 533 48th Avenue Condominium LLC, requests authori- zation to take electric service from Con Edison and then distribute and meter that electricity to its residents. Submetering of electricity to residen- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- tial residents is allowed so long as it complies with the protections and cedure Act, NOTICE is hereby given of the following proposed rule: requirements of the Commission’s regulations in 16 NYCRR Part 96. Proposed Action: The Commission is considering a petition filed by The full text of the petition and the full record of the proceeding may be Sustainable Westchester, Inc. requesting the Commission revise the rules reviewed online at the Department of Public Service web page: for the Environmental Disclosure Program (EDP) and the New York Gen- www.dps.ny.gov. The Commission may adopt, reject or modify, in whole eration Attribute Tracking System (NYGATS). or in part, the action proposed and may resolve related matters. Statutory authority: Public Service Law, sections 5(1), (2), 53, 65(1), Text of proposed rule and any required statements and analyses may be 66(1), (2) and (3) obtained by filing a Document Request Form (F-96) located on our Subject: Reporting on energy sources. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: To ensure accurate reporting and encourage clean energy York 12223-1350, (518) 486-2655, email: [email protected] purchases. Data, views or arguments may be submitted to: Kathleen H. Burgess, Substance of proposed rule: The Commission is considering a petition Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New filed by Sustainable Westchester, Inc., on August 17, 2018, to modify the York 12223-1350, (518) 474-6530, email: [email protected] Commission’s Environmental Disclosure Program (EDP) and the New York Generation Attribute Tracking System (NYGATS) to provide sepa- Public comment will be received until: 60 days after publication of this rate labels for municipalities in Community Choice Aggregation (CCA) notice. and to increase the frequency of data reporting (the Petition). Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Sustainable Westchester is a municipal partnership in Westchester Area Flexibility Analysis and Job Impact Statement County and the parent organization for the Westchester Power CCA Statements and analyses are not submitted with this notice because the program. The EDP provides customers with verified labels showing the proposed rule is within the definition contained in section 102(2)(a)(ii) of proportions of energy that were purchased from various generator types the State Administrative Procedure Act. by the load-serving entity (LSE) providing their energy. The New York (19-E-0204SP1) Generation Attribute Tracking System tracks the ownership of Generation Attribute Certificates, including Renewable Energy Certificates, and as- PROPOSED RULE MAKING sists in the preparation of Environmental Disclosure Program labels. The petition requests that the Commission revise the EDP and NYGATS NO HEARING(S) SCHEDULED rules or otherwise provide appropriate guidance such that separate EDP labels can be generated for a specific CCA’s load, rather than continuing to Compensation Policies for Certain CHP Projects have all load served by a particular LSE being combined into one label. I.D. No. PSC-20-19-00010-P The petition also requests that more frequent NYGATS and/or EDP report- ing be made available. The full text of the petition and the full record of the proceeding may be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- reviewed online at the Department of Public Service web page: cedure Act, NOTICE is hereby given of the following proposed rule:

20 NYS Register/May 15, 2019 Rule Making Activities

Proposed Action: The Commission is considering a petition filed by sev- The full text of the petition and the full record of the proceeding may be eral ratepayers seeking relief related to combined heat and power (CHP) reviewed online at the Department of Public Service web page: generation resources installed prior to 2017 in Consolidated Edison www.dps.ny.gov. The Commission may adopt, reject or modify, in whole Company of New York, Inc.’s service territory. or in part, the action proposed and may resolve related matters. Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), (3), 66(2), (5) and (j) Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our Subject: Compensation policies for certain CHP projects. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Purpose: To consider appropriate rules for compensation of certain CHP Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New resources. York 12223-1350, (518) 486-2655, email: [email protected] Substance of proposed rule: The Public Service Commission (Commis- sion) is considering the Petition Asking The Public Service Commission Data, views or arguments may be submitted to: Kathleen H. Burgess, To Remedy Certain Actions And Practices petition (Petition), filed on Feb- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New ruary 28, 2019 by several residential customers (Petitioners) of Consoli- York 12223-1350, (518) 474-6530, email: [email protected] dated Edison Company of New York, Inc. (Con Edison). Public comment will be received until: 60 days after publication of this The petition requests that the Commission grant relief regarding deci- notice. sions, policies and practices of Con Edison that, the petition contends, have caused significant economic damage to the Petitioners as well as Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural certain other Con Edison customers that installed combined heat and Area Flexibility Analysis and Job Impact Statement power (CHP) generation resources prior to 2017. The petition states that Statements and analyses are not submitted with this notice because the the Petitioners developed CHP resources based on the understanding that proposed rule is within the definition contained in section 102(2)(a)(ii) of energy generated by the CHP resources, which receive net metering compensation under Public Service Law (PSL) § 66-j, would result in the State Administrative Procedure Act. credits equivalent to their electric rates and available to be carried over (19-E-0247SP1) from month to month. The petition explains that instead, Con Edison has carried over surplus credits each month at a significantly lower rate or PROPOSED RULE MAKING cashed them out at the same lower rate. The petition requests that the Com- mission direct Con Edison to carry over monthly credits at a level equiva- NO HEARING(S) SCHEDULED lent to the electric rate each month. The full text of the petition and the full record of the proceeding may be Waiver of 16 NYCRR Section 894.4(b)(2) Pertaining to reviewed online at the Department of Public Service web page: Publishing Notice of the RFP in National Publications www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters. I.D. No. PSC-20-19-00012-P Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John cedure Act, NOTICE is hereby given of the following proposed rule: Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] Proposed Action: The Public Service Commission is considering a peti- Data, views or arguments may be submitted to: Kathleen H. Burgess, tion for certain waivers filed by the Town of Stephentown, Rensselaer Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New County, in connection with soliciting and awarding an initial cable televi- York 12223-1350, (518) 474-6530, email: [email protected] sion franchise for the Town of Stephentown. Public comment will be received until: 60 days after publication of this Statutory authority: Public Service Law, section 216(1) notice. Subject: Waiver of 16 NYCRR section 894.4(b)(2) pertaining to publish- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural ing notice of the RFP in national publications. Area Flexibility Analysis and Job Impact Statement Purpose: To determine whether to waive any rules and regulations. Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of Substance of proposed rule: The Commission is considering a petition, the State Administrative Procedure Act. filed on April 18, 2019, by the Town of Stephentown, Rensselaer County (19-E-0189SP1) (Town), for a waiver of 16 NYCRR Section 894.4(b)(2), with respect to the solicitation and award of an initial cable television franchise in the PROPOSED RULE MAKING Town. The Town requests a wavier of 16 NYCRR section 894.4(b)(2), which NO HEARING(S) SCHEDULED requires publication of the public notice of request for proposals (RFP) in national publications. The Town seeks a waiver of this regulation in order Petition to Submeter Electricity to expedite the franchising process and in light of the rural nature of the I.D. No. PSC-20-19-00011-P Town and the fact that the Town is already aware of two companies interested in providing cable television service in the Town. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The full text of the petition and the full record of the proceeding may be cedure Act, NOTICE is hereby given of the following proposed rule: reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole Proposed Action: The Commission is considering the petition of P8/ or in part, the action proposed and may resolve related matters. SILVERBACK 24-16 QPS OWNER LLC, to submeter electricity at 24-16 Queens Plaza South, Long Island City, New York. Text of proposed rule and any required statements and analyses may be Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, obtained by filing a Document Request Form (F-96) located on our 53, 65(1), 66(1), (2), (3), (4), (12) and (14) website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Subject: Petition to submeter electricity. York 12223-1350, (518) 486-2655, email: [email protected] Purpose: To ensure adequate submetering equipment and consumer protections are in place. Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Substance of proposed rule: The Commission is considering the petition York 12223-1350, (518) 474-6530, email: [email protected] filed by P8/SILVERBACK 24-16 QPS OWNER LLC, on April 2, 2019, to submeter electricity at 24-16 Queens Plaza South, Long Island City, New Public comment will be received until: 60 days after publication of this York, located in the service territory of Consolidated Edison Company of notice. New York, Inc. (Con Edison). Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural By stating its intent to submeter electricity, P8/SILVERBACK 21-16 Area Flexibility Analysis and Job Impact Statement QPS OWNER LLC, requests authorization to take electric service from Statements and analyses are not submitted with this notice because the Con Edison and then distribute and meter that electricity to its residents. Submetering of electricity to residential residents is allowed so long as it proposed rule is within the definition contained in section 102(2)(a)(ii) of complies with the protections and requirements of the Commission’s the State Administrative Procedure Act. regulations in 16 NYCRR Part 96. (19-V-0291SP1)

21 Rule Making Activities NYS Register/May 15, 2019

PROPOSED RULE MAKING installed through the City of Oneonta (City). The street lighting facilities consist of a system of street lighting poles, luminaries, lamps, mast arms, NO HEARING(S) SCHEDULED electrical connections and wiring. NYSEG requests the Commission’s ap- proval of the transaction pursuant to Public Service Law § 70(1), as the Notice of Intent to Submeter Electricity and Waiver of Energy original cost of the proposed assets to be transferred is greater than Audit $100,000. Based on plant records, NYSEG represents that the original book cost I.D. No. PSC-20-19-00013-P of the facilities is approximately $482,651 and the net book value, as of December 31, 2018, is $188,067. The Company proposes to transfer the PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- street lighting facilities to the City for $437,892. Upon the closing date of cedure Act, NOTICE is hereby given of the following proposed rule: the sale, the City will become solely responsible and liable for the opera- tion, maintenance, and condition of the street lighting facilities. The Proposed Action: The Commission is considering the notice of intent of transfer will not impact the reliability, safety, operation, or maintenance of 260 Kent LLC to submeter electricity at 260 Kent Avenue, Brooklyn, New NYSEG’s electric distribution system. York and request for a waiver of 16 NYCRR section 96.5(k)(3). The full text of the petition and the full record of the proceeding may be Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, reviewed online at the Department of Public Service web page: 53, 65(1), 66(1), (2), (3), (4), (12) and (14) www.dps.ny.gov. The Commission may adopt, reject or modify, in whole Subject: Notice of intent to submeter electricity and waiver of energy or in part, the action proposed and may resolve related matters. audit. Text of proposed rule and any required statements and analyses may be Purpose: To ensure adequate submetering equipment, consumer protec- obtained by filing a Document Request Form (F-96) located on our tions and energy efficiency protections are in place. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Substance of proposed rule: The Commission is considering the notice of Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New intent filed by 260 Kent Avenue LLC on April 11, 2019, to submeter York 12223-1350, (518) 486-2655, email: [email protected] electricity at 260 Kent Avenue, Brooklyn, New York, located in the ser- Data, views or arguments may be submitted to: Kathleen H. Burgess, vice territory of Consolidated Edison Company of New York, Inc. (Con Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Edison). York 12223-1350, (518) 474-6530, email: [email protected] By stating its intent to submeter electricity, 260 Kent LLC requests au- Public comment will be received until: 60 days after publication of this thorization to take electric service from Con Edison and then distribute notice. and meter that electricity to its residents. Submetering of electricity to res- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural idential residents is allowed so long as it complies with the protections and Area Flexibility Analysis and Job Impact Statement requirements of the Commission’s regulations in 16 NYCRR Part 96. The Statements and analyses are not submitted with this notice because the Commission is also considering the Owner’s request for a waiver of 16 proposed rule is within the definition contained in section 102(2)(a)(ii) of NYCRR § 96.5(k)(3), which requires proof that an energy audit has been conducted when 20 percent or more of the residents receive income-based the State Administrative Procedure Act. housing assistance. (19-E-0284SP1) The full text of the notice of intent and the full record of the proceeding may be reviewed online at the Department of Public Service web page: PROPOSED RULE MAKING www.dps.ny.gov. The Commission may adopt, reject or modify, in whole NO HEARING(S) SCHEDULED or in part, the action proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be Establishment of the Regulatory Regime Applicable to an obtained by filing a Document Request Form (F-96) located on our Approximately 105.8 MW Electric Generating Facility website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New I.D. No. PSC-20-19-00015-P York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New cedure Act, NOTICE is hereby given of the following proposed rule: York 12223-1350, (518) 474-6530, email: [email protected] Proposed Action: The Commission is considering a petition filed by Public comment will be received until: 60 days after publication of this Number Three Wind LLC requesting approval for a lightened regulatory notice. regime in connection with its approximately 105.8 MW electric generat- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural ing facility, located in Lewis County, New York. Area Flexibility Analysis and Job Impact Statement Statutory authority: Public Service Law, sections 2(12), (13), (22), Statements and analyses are not submitted with this notice because the 5(1)(b), 64, 65, 66, 67, 68, 69, 69-a, 70, 71, 72, 72-a, 78, 79, 105-114, proposed rule is within the definition contained in section 102(2)(a)(ii) of 114-a, 115, 117, 118, 119-b and 119-c the State Administrative Procedure Act. Subject: Establishment of the regulatory regime applicable to an ap- (19-E-0273SP1) proximately 105.8 MW electric generating facility. Purpose: Consideration of a lightened regulatory regime for an ap- PROPOSED RULE MAKING proximately 105.8 MW electric generating facility. NO HEARING(S) SCHEDULED Substance of proposed rule: The New York State Public Service Com- mission (Commission) is considering a petition filed by Number Three Transfer of Street Lighting Facilities Wind LLC (NTW) on April 17, 2019 requesting approval of a lightened regulatory regime in connection with the approximately 105.8 MW electric I.D. No. PSC-20-19-00014-P generating facility that NTW is developing in Lewis County, New York. NTW requests an order providing that it will be regulated as an electric PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- corporation under a lightened regulatory regime that may be applied to cedure Act, NOTICE is hereby given of the following proposed rule: owners-operators participating in competitive wholesale markets. The full text of the petition and the full record of the proceeding may be Proposed Action: The Commission is considering a petition filed by New reviewed online at the Department of Public Service web page: York State Electric & Gas Corporation requesting approval to transfer www.dps.ny.gov. The Commission may adopt, reject or modify, in whole certain street lighting facilities to the City of Oneonta, Otsego County, NY. or in part, the action proposed and may resolve related matters. Statutory authority: Public Service Law, section 70(1) Text of proposed rule and any required statements and analyses may be Subject: Transfer of street lighting facilities. obtained by filing a Document Request Form (F-96) located on our Purpose: To consider the transfer of street lighting facilities to the City of website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Oneonta. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Substance of proposed rule: The Public Service Commission (Commis- York 12223-1350, (518) 486-2655, email: [email protected] sion) is considering a petition filed by New York State Electric & Gas Data, views or arguments may be submitted to: Kathleen H. Burgess, Corporation (NYSEG or the Company) on April 17, 2019, requesting ap- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New proval to transfer ownership of its system of street lighting facilities York 12223-1350, (518) 474-6530, email: [email protected]

22 NYS Register/May 15, 2019 Rule Making Activities

Public comment will be received until: 60 days after publication of this notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. (19-E-0287SP1)

23 Rule Making Activities NYS Register/May 15, 2019

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Environmental Conservation, Department of ENV-12-19-00002-P ...... Air emissons regulation of cleaning solutions Department of Environmental Conservation, containing volatile organic compounds 6274 Avon-Lima Rd. (Rts. 5 and 20), Confer- ence Rm., Avon, NY—May 22, 2019, 1:00 p.m. Department of Environmental Conservation, 625 Broadway, Public Assembly Rm. 129 A/B, Albany, NY—May 24, 2019, 1:00 p.m. ENV-12-19-00003-P ...... Revised Part 208 will incorporate the new Department of Environmental Conservation, Federal emission guideline for MSW landfills 6274 Avon-Lima Rd. (Rts. 5 and 20), Confer- pursuant to 40 CFR Part 60, subpart Cf ence Rm., Avon, NY—May 22, 2019, 1:00 p.m. Department of Environmental Conservation, 625 Broadway, Public Assembly Rm. 129 A/B, Albany, NY—May 24, 2019, 1:00 p.m. Liquor Authority, State LQR-02-19-00006-P ...... Delinquent (C.O.D.) list procedures 80 S. Swan St., First Fl. Meeting Rm., Albany, NY—May 29, 2019, 10:00 a.m. Public Service Commission PSC-16-19-00005-P ...... Proposed major electric delivery revenue Yonkers Library-Grintin Will Branch, 1500 requirement increase of approximately $485 Central Park Ave., Yonkers, NY—June 25, million (or 4.6% in total revenues) 2019, 1:00 p.m. (Public Statement Hearing Schedule)* *On occasion, there are requests to reschedule or postpone hearing dates. If such a request is granted, notifications of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Case 19-E-0065. PSC-16-19-00008-P ...... Proposed major rate increase in Con Edison’s Yonkers Library-Grintin Will Branch, 1500 gas delivery revenues of approximately $210 Central Park Ave., Yonkers, NY—June 25, million (or 9.1% in total revenues) 2019, 1:00 p.m. (Public Statement Hearing Schedule)* *On occasion, there are requests to reschedule or postpone hearing dates. If such a request is granted, notifications of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Case 19-G-0066.

24 NYS Register/May 15, 2019 Action Pending Index

ACTION PENDING INDEX

The action pending index is a list of all proposed rules which listed in the action pending index, use the identification number are currently being considered for adoption. A proposed rule is to 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 agency, the issue of the Register in which the notice was from the index when any of the following occur: (1) the pro- printed, the year in which the notice was printed and the no- posal is adopted as a permanent rule; (2) the proposal is tice’s serial number. The following diagram shows how to read rejected and withdrawn from consideration; or (3) the propos- identification number codes. al’s notice 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 AAM 01 12 00001 P notices are identified by the word “exempt” in the second column. Actions pending for one year or more are preceded by Action codes: P — proposed rule making; EP — emergency an asterisk(*). and proposed rule making (expiration date refers to proposed For additional information concerning any of the proposals rule); RP — revised rule making

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

AGING, OFFICE FOR THE

AGE-44-18-00005-P ...... 10/31/19 Nutrition Program The purpose of this rule is to update the regulations governing the Nutrition Program

AGRICULTURE AND MARKETS, DEPARTMENT OF

AAM-10-19-00002-P ...... 03/05/20 National Institute of Standards and To incorporate NIST Handbook 44 (2019 Technology (‘‘NIST’’) Handbook 44 edition)

AAM-17-19-00001-P ...... 04/23/20 Farm wineries, breweries, and distilleries; To update references to regulations and to hops processors; and cideries exempt small hops processors from food processing licensing requirements

AAM-18-19-00001-P ...... 04/30/20 Incorporation by reference of the 2017 edition To require certain producers, processors and of the Grade A Pasteurized Milk Ordinance manufacturers of milk and milk products to (‘‘PMO’’). comply with the 2017 edition of the PMO.

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

ASA-21-18-00025-RP ...... 05/23/19 Credentialing of Addictions Professionals Repeal obsolete rules; update process of credentialing addictions professionals

ASA-21-18-00026-P ...... 05/23/19 Appeals, Hearings and Rulings Protect patient confidentiality, update due process provisions, technical amendments.

ASA-51-18-00019-RP ...... 12/19/19 General provisions Update provisions consistent with treatment developments; definitions; technical gender language

AUDIT AND CONTROL, DEPARTMENT OF

AAC-07-19-00017-P ...... 02/13/20 Reporting requirements for service credit To allow certain special duty assignments to involving public safety overtime qualify as public safety overtime and be considered allowable service

25 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-51-18-00010-P ...... 12/19/19 Residential and non-residential services to To conform the existing regulations to comply victims of domestic violence with state and federal laws regarding services to victims of domestic violence

CFS-19-19-00006-EP ...... 05/07/20 Procedures for addressing children absent To put into place procedures for children without consent from foster care, conditional absent without consent from foster care, releases and searches conditional releases and searches

CFS-19-19-00009-EP ...... exempt Child Care Market Rates To adjust child care market rates in accordance with the results of the most recent cost of care market survey

CFS-20-19-00001-EP ...... 05/14/20 To eliminate requirement that victims of To eliminate requirement that victims of domestic violence apply for public assistance domestic violence apply for public assistance to pay for cost of shelter and services to pay for cost of shelter and services

CIVIL SERVICE, DEPARTMENT OF

CVS-21-18-00022-P ...... 05/23/19 Jurisdictional Classification To delete positions from and classify positions in the exempt class and to delete a position from the non-competitive class

CVS-33-18-00007-P ...... 08/15/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-06-19-00001-P ...... 02/06/20 Jurisdictional Classification To classify a position in the exempt class

CVS-13-19-00001-P ...... 03/26/20 Jurisdictional Classification To classify a position in the non-competitive class

CVS-13-19-00002-P ...... 03/26/20 Jurisdictional Classification To classify a position in the exempt class

CVS-13-19-00003-P ...... 03/26/20 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-13-19-00004-P ...... 03/26/20 Jurisdictional Classification To classify positions in the non-competitive class

CVS-13-19-00005-P ...... 03/26/20 Jurisdictional Classification To add a subheading and to classify a position in the non-competitive class

CVS-14-19-00003-P ...... 04/02/20 Supplemental military leave benefits To extend the availability of supplemental military leave benefits for certain New York State employees until December 31, 2019

CVS-15-19-00001-P ...... 04/09/20 Jurisdictional Classification To classify positions in the non-competitive class

CVS-15-19-00002-P ...... 04/09/20 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-15-19-00003-P ...... 04/09/20 Jurisdictional Classification To classify a position in the non-competitive class

CVS-15-19-00004-P ...... 04/09/20 Jurisdictional Classification To delete positions from and classify positions in the exempt class and to delete a position from the non-competitive class

CVS-15-19-00005-P ...... 04/09/20 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

26 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-15-19-00006-P ...... 04/09/20 Jurisdictional Classification To delete positions from and classify positions in the exempt class

CVS-18-19-00007-P ...... 04/30/20 Jurisdictional Classification To classify positions in the exempt class

CVS-18-19-00008-P ...... 04/30/20 Jurisdictional Classification To delete positions from the non-competitive class

CORRECTION, STATE COMMISSION OF

CMC-05-19-00004-P ...... 01/30/20 Inmate confinement and deprivation Require local correctional facilities to record, review and report inmate cell confinement and essential service deprivation

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

CCS-05-19-00006-P ...... 01/30/20 Standard Conditions of Release Parole Establish standard conditions of release and Revocation Dispositions provide a workable structure for applying appropriate parole revocation penalties

CRIMINAL JUSTICE SERVICES, DIVISION OF

CJS-20-19-00003-P ...... 05/14/20 Certified Instructors and Course Directors Establish/maintain effective procedures governing certified instructors and course directors who deliver MPTC-approved courses

EDUCATION DEPARTMENT

EDU-40-18-00010-RP ...... 10/03/19 Professional development plans and other To improve the quality of teaching and learning related requirements for school districts and for teachers and leaders for professional BOCES growth

EDU-52-18-00005-P ...... 12/26/19 Annual professional performance reviews. To extend the transition period for an additional year (until 2019-2020).

EDU-05-19-00007-P ...... 01/30/20 Transitional H Pathway for School District To Expand the Type of Eligible Experiences for Business Leader Certifications the Transitional H Pathway for School District Business Leader Certification

EDU-05-19-00008-P ...... 01/30/20 Protecting Personally Identifiable Information To implement the provisions of Education Law section 2-d

EDU-05-19-00016-EP ...... 01/30/20 The administration of certain vaccines by To implement the provisions of Chapter 359 of pharmacy interns the Laws of 2018

EDU-05-19-00017-ERP ...... 01/30/20 Assessments and Student Official Transcripts To continue the effectiveness of Part AA, and Permanent Records Subpart B of Ch.56 L.2014 as amended by Section 35 of Part CCC of Ch. 56 L.2018

EDU-13-19-00009-EP ...... 03/26/20 The Execution by Registered Professional To conform the regulation to current Nurses of Non-Patient Specific Orders to immunization standards Administer Immunizations

EDU-17-19-00005-EP ...... 04/23/20 Extension of the Educational Technology Safety net enables candidates to take either Specialist Content Specialty Test Safety Net the revised Educational Technology Specialist CST or the predecessor CST

27 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

EDUCATION DEPARTMENT

EDU-17-19-00006-P ...... 04/23/20 Registration requirements for school To amend requirements for registered school counselor programs and certification counselor programs and the certification requirements for school counselors requirements for school counselors

EDU-17-19-00007-P ...... 04/23/20 Extension of the edTPA Safety Net for The safety net enables candidates to be held Candidates Who Receive a Failing Score on harmless during the handbook revision process the Library Specialist edTPA

EDU-17-19-00008-P ...... 04/23/20 To require study in language acquisition and To ensure that newly certified teachers enter literacy development of English language the workforce fully prepared to serve our ELL learners in certain teacher preparation population

ELECTIONS, STATE BOARD OF

SBE-07-19-00020-EP ...... 02/13/20 Political Campaign Contribution Limits Adjust contribution limits to reflect the consumer price index

SBE-14-19-00005-P ...... 04/02/20 Pre-registering voters who are 16 and To permit persons who are 16 or or 17-years- 17-years-old old to per-register to vote

SBE-14-19-00006-EP ...... 04/02/20 Establishing a process for transferring a To establish a process where a voter who voter’s registration and enrollment from one moves from one county to another can transfer county to another their voter registration

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

*ENV-12-18-00043-RP ...... 06/07/19 BEACH Act Standards and Reclassification To comply with the federal BEACH Act of 2000 Rule (P.L. 106-284) and protect coastal recreation waters for recreation

ENV-20-18-00006-P ...... 07/24/19 CO2 Emissions Standards for Major Electric To establish CO2 emissions standards for Generating Facilities existing major electric generating facilities

ENV-48-18-00002-P ...... 11/28/19 Jonah crab management To implement required management measures of the Atlantic States Marine Fisheries Commission Jonah Crab Fishery Management Plan

ENV-08-19-00004-P ...... 02/20/20 Governor Mario M. Cuomo Bridge Replacing references to the Governor Malcolm Wilson Tappan Zee Bridge with references to the Governor Mario M. Cuomo Bridge

ENV-09-19-00015-P ...... 05/13/20 Set nitrogen oxide (NOx) emission rate limits Reduction of nitrogen oxide (NOx) emissions for simple cycle and regenerative combustion from simple cycle and regenerative combustion turbines turbines

ENV-10-19-00003-P ...... 05/13/20 Regulate volatile organic compounds (VOCs) To set new and lower VOC limits for certain in architectural and industrial maintenance coating categories. Update categories and (AIM) coatings methods

ENV-12-19-00002-P ...... 05/23/20 Air emissions regulation of cleaning solutions Update existing regulation with latest emission containing volatile organic compounds. control requirements and add requirements recently issued by EPA.

ENV-12-19-00003-P ...... 05/23/20 Revised Part 208 will incorporate the new Part 208 controls landfill gas emissions by federal emission guideline for MSW landfills requiring a gas collection and control system. pursuant to 40 CFR Part 60, Subpart Cf.

ENV-18-19-00006-EP ...... 04/30/20 Regulations governing commercial fishing and To revise regulations concerning the harvest of scup. commercial harvest of scup in New York State waters.

28 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF

*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

DFS-23-18-00001-P ...... 06/06/19 Minimum Standards for Form, Content, and To require coverage for maternal screening and Sale of Health Insurance, Including Standards referrals for Full and Fair Disclosure

DFS-25-18-00006-P ...... exempt Plan of Conversion by Medical Liabilty Mutual To convert a mutual property and casualty Insurance Company insurance company to a stock property and casualty insurance company

DFS-30-18-00007-P ...... 07/25/19 Minimum Standards for Form, Content, and To clarify requirements regarding coverage and Sale of Health Insurance, Including Standards disclosure of information for contraceptives for Full and Fair Disclosure

DFS-36-18-00003-P ...... 09/05/19 Professional Bail Agents; Managing General To provide greater protection to consumers, Agents; et al and raise the standards of integrity in the bail business.

DFS-46-18-00014-P ...... 11/14/19 Regulations Implementing the Comprehensive To give insurer option to void assignment of Motor Vehicle Insurance Reparations Act- benefits when insurer issues denial for EIP’s Claims for Personal Injury Protection Benefit failure to attend IME or EUO

DFS-08-19-00003-P ...... 02/20/20 Charges for Professional Health Services To delay the effective date of the Workers’ Compensation fee schedule increases for no- fault reimbursement

DFS-16-19-00009-EP ...... 04/16/20 Registration and Financial Responsibility To implement the registration requirement of Requirements for Mortgage Loan Servicers chapter 472, Laws of 2008 and inform servicers of registration process details

DFS-18-19-00005-P ...... 04/30/20 Servicing Mortgage Loans: Business Conduct Sets standards governing the servicing of Rules residential home mortgage loans.

DFS-20-19-00002-P ...... 05/14/20 Electronic Filings and Submissions To require certain filings or submissions to be made electronically

DFS-20-19-00004-P ...... 05/14/20 Valuation of Individual and Group Accident To adopt the 2016 Cancer Claim Cost and Health Insurance Reserves Valuation Tables

DFS-20-19-00005-P ...... 05/14/20 SECURITY AT AUTOMATED TELLER To update the regulation to ensure the removal FACILITIES of obsolete language from the reporting requirements under Part 301

GAMING COMMISSION, NEW YORK STATE

*SGC-09-18-00005-RP ...... 05/29/19 The licensing and registration of gaming To govern the licensing and registration of facility employees and vendors gaming facility employees and vendors

SGC-39-18-00003-P ...... 09/26/19 Heads Up Hold ‘Em poker. To set forth the practices and procedures for the operation of Heads Up Hold ‘Em poker as a casino table game.

SGC-12-19-00007-P ...... 03/19/20 Sports wagering at gaming facilities To regulate and control sports wagering as directed by statute

SGC-13-19-00023-P ...... 03/26/20 Cash 4 Life multi-jurisdiction lottery game To provide for daily Cash 4 Life drawings to raise additional revenue for education

29 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

GAMING COMMISSION, NEW YORK STATE

SGC-17-19-00009-P ...... 04/23/20 Pick-six jackpot wager for Thoroughbred To improve Thoroughbred pari-mutuel wagering racing and generate reasonable revenue for the support of government

HEALTH, DEPARTMENT OF

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

*HLT-07-18-00002-RP ...... 05/15/19 Medicaid Reimbursement of Nursing Facility To make changes relating to reserved bed Reserved Bed Days for Hospitalizations payments made by Medicaid to nursing facilities

HLT-31-18-00005-ERP ...... 08/01/19 Medical Use of Marihuana To add additional serious conditions for which patients may be certified to use medical marihuana

HLT-34-18-00007-P ...... 08/22/19 New York State Medicaid Infertility Treatment To authorize Medicaid coverage of infertility benefits.

HLT-42-18-00008-P ...... 10/17/19 Office-Based Surgery Practice Reports Requires accredited Office-Based Surgery practices to submit adverse event & practice information which includes procedural data

HLT-51-18-00015-P ...... 12/19/19 Hospital Policies for Human Trafficking To establish policies and procedures for the Victims identification, assessment, treatment, and referral of human trafficking victims

HLT-51-18-00016-P ...... 12/19/19 Nursing Home Weekly Bed Census Survey To require nursing homes to electronically submit weekly bed census data to the DOH through the Health Commerce System

HLT-51-18-00017-P ...... 12/19/19 Clinical Laboratory Directors Recognize additional accrediting boards for qualification of clinical laboratory directors to obtain a cert. of qualification

HLT-51-18-00018-P ...... 12/19/19 New requirements for Annual Registration of To amend the regulations for licensed home Licensed Home Care Services Agencies care services agencies for the annual registration requirements of the agency

HLT-05-19-00005-P ...... 01/30/20 Midwifery Birth Center Services To set the standards for all birth centers to follow the structure of Article 28 requirements

HLT-07-19-00006-EP ...... 02/13/20 Controlled Substances To reclassify cannabidiol (CBD) from a Schedule I controlled substance to a Schedule V controlled substance

HLT-09-19-00004-P ...... 02/27/20 Cardiac Catheterization Laboratory Centers To amend existing Certificate of Need requirements for the approval and operation of Cardiac Catheterization Laboratory Centers.

HLT-10-19-00004-EP ...... 03/05/20 Body Scanners in Local Correctional Facilities Establish operational requirements for local correctional facs. that use body scanning imaging equipment for security purposes

HLT-14-19-00001-P ...... 04/02/20 Managed Care Organizations (MCOs) To amend contingent reserve requirements for MCOs

HLT-17-19-00002-EP ...... 04/23/20 Medical Use of Marihuana To clarify requirements for laboratories seeking approval to test medical marihuana products in New York State

30 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF

HLT-18-19-00016-P ...... 04/30/20 Blood Lead Level To improve the current understanding of lead poisoning risks to children and pregnant women

HLT-20-19-00006-P ...... 05/14/20 Schroon Lake Water District The regulation is no longer needed since Horseshoe Pond no longer serves as the public drinking water source

LABOR, DEPARTMENT OF

*LAB-17-18-00005-P ...... 07/11/19 Hours Worked, 24-Hour Shifts To clarify that hours worked may exclude meal periods and sleep times for employees who work shifts of 24 hours or more

LAW, DEPARTMENT OF

LAW-41-18-00021-P ...... 10/10/19 Arbitration program regulations for defective To set forth the procedures for the operation of farm equipment an alternative arbitration mechanism for defective farm equipment disputes

LIQUOR AUTHORITY, STATE

LQR-02-19-00006-P ...... 05/28/20 Delinquent (C.O.D.) list procedures To modernize outdated delinquent (C.O.D.) list procedures and provide for electronic notification for same

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-15-18-00013-P ...... exempt Outdoor area lighting To add an option and pricing for efficient LED lamps to the Authority’s outdoor area lighting

LPA-33-18-00018-P ...... exempt The net energy metering and related To conform the Tariff to orders issued in the provisions of the Authority’s Tariff for Electric Value of Distributed Energy Resources Service. proceeding of the New York DPS.

LPA-37-18-00013-P ...... exempt The net energy metering provisions of the To implement PSC guidance increasing Authority’s Tariff for Electric Service eligibility for value stack compensation to larger projects

LPA-37-18-00017-P ...... exempt The treatment of electric vehicle charging in To effectuate the outcome of the Public Service the Authority’s Tariff for Electric Service. Commission’s proceeding on electric vehicle supply equipment.

LPA-37-18-00018-P ...... exempt The treatment of energy storage in the To effectuate the outcome of the Public Service Authority’s Tariff for Electric Service. Commission’s proceeding on the NY Energy Storage Roadmap.

31 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

LONG ISLAND POWER AUTHORITY

LPA-09-19-00014-P ...... exempt The Commercial System Relief Program and To update the Tariff to allow incentives for a Distribution Load Relief Program in the behind-the-meter battery storage program from Authority’s Tariff for Electric Service. PSEG Long Island’s Utility 2.0 Plan

MENTAL HEALTH, OFFICE OF

OMH-43-18-00001-P ...... 10/24/19 Operation of Crisis Residences in New York To revise and update the categories of Crisis State Residences to match what is currently operation in New York

OMH-04-19-00002-P ...... 01/23/20 Expansion of Telemental Health To implement Public Health Law section (Telepsychiatry) services to additional OMH 2999-dd and address current shortages in licensed settings and programs psychiatrists and nurse practitioners in psych.

OMH-08-19-00005-P ...... 02/20/20 Establish standards for providers who wish to The Children’s Mental Health Rehabilitation become licensed Children’s Mental Health Program (CMHRS) is a vehicle for Rehabilitation programs implementing the new State Plan services

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

NFW-01-19-00019-EP ...... exempt Adoption of Rates, Fees, and Charges To pay for increased costs necessary to operate, maintain, and manage the system, and to meet covenants with the bondholders

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

NFT-18-19-00004-P ...... 04/30/20 Procurement Guidelines of the Niagara To amend Procurement Guidelines to reflect Frontier Transportation Authority and Niagara changes in law, clarifying provisions and Frontier Transit Metro System, Inc. change in signing authority.

OGDENSBURG BRIDGE AND PORT AUTHORITY

OBA-33-18-00019-P ...... exempt Increase in Bridge Toll Structure To increase bridge toll revenue in order to become financially self-supporting. Our bridge operations are resulting in deficit.

OBA-07-19-00019-P ...... exempt Increase in Bridge Toll Structure To increase bridge toll revenue in order to become financially self-supporting. Our bridge operations are resulting in deficit

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-11-19-00001-P ...... 03/12/20 Home and Community Based Services Establishes a regulatory framework for delivery and support of HCBS in a way that encourages and supports the service recipient

PDD-13-19-00008-EP ...... 03/26/20 Enrollment in Medicare Prescription Drug To allow individuals to be enrolled in a FIDA- Plans and Fully Integrated Duals Advantage IDD plan when individuals are unable to enroll Plans for IDD themselves

32 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-18-19-00002-P ...... 04/30/20 Transportation of female patients at OPWDD Repeal as statutory language has been revised facilities and on longer is reflective in this regulation

PDD-20-19-00007-P ...... 05/14/20 Site Based Prevocational Services To make technical corrections

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-09-99-00012-P ...... exempt Transfer of books and records by Citizens To relocate Ogden Telephone Company’s Utilities Company books 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-12-00-00001-P ...... exempt Winter bundled sales service election date by To revise the date Central Hudson Gas & Electric Corporation

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

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

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

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

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

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

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

*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

*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 To submeter gas service to commercial industrial and commercial customers by customers located at the Buffalo Speedway Hamburg Fairgrounds

33 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 To provide an application form Consolidated 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

*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

34 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

*PSC-41-05-00013-P ...... exempt Annual reconciliation of gas expenses and To consider the filings gas 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

*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 To extend the deadline to Central Hudson’s benefits low-income customers

35 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

*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 the Consolidated Edison Company of New staff’s 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 To seek rehearing by 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

36 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 code region codes

*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.

*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 To grant or deny Turner’s petition tariff 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 To consider whether to grant or deny, in whole of the commission’s April 25, 2008 order or in part, the May 7, 2008 Public Utility Law denying 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-25-08-00007-P ...... exempt Policies and procedures regarding the To establish policies and procedures regarding selection of regulatory proposals to meet the selection of regulatory proposals to meet reliability 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

37 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 cost mitigation reserve (CMR) the CMR

*PSC-32-08-00009-P ...... exempt The ESCO referral program for KEDNY to be To approve, reject or modify, in whole or in implemented by October 1, 2008 part, 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 Consideration of the approval of RG&E’s tariffs economic development plan and tariffs

*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, submetering of electricity to 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

38 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 08-G-0078 Commission’s October 27, 2008 Order in Cases 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 Citizens/Frontier redefinition of Citizens/Frontier service area

*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 negotiated agreement between Frontier Comm. for local exchange service and exchange and WVT Comm. access

*PSC-07-09-00015-P ...... exempt Transfer certain utility assets located in the To consider the request to transfer certain Town of Montgomery from plant held for utility assets located in the Town of future use to non-utility property Montgomery to 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, customer at Cooper Union, New York, NY New 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 codes available in the 718/347 numbering central office codes available in the 718/347 plan area numbering 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

39 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 distribution company (LDC) capacity local distribution company (LDC) capacity

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

*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 antennas on land owned by National Grid build 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 part, the petition in 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.

40 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 local exchange service and exchange access tw telecom of new york l.p

*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

*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 implemented by RG&E on June 1, 2009 the 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 Benefit Adjustments balances 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 To revise the uniform Electronic Data retail access data between jurisdictional Interchange Standards and business practices utilities and 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 condition of merger for 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

41 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 December 17, 2009 related to redevelopment Consolidated Edison’s Hudson Avenue of the Hudson Avenue generating facility 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 Whether to grant, deny, or modify , in whole or or in part, the rehearing petition filed in Case in part, the rehearing petition filed in Case 06-E-0847 06-E-0847

*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 Street, Fort Edward, New York in 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 its affiliated electric corporations in New York New 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 To remove tariff regulations relating to retail relating 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

42 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-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

*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 gas service to a commercial customer at service to a commercial customer at Quaker Quaker Crossing Mall Crossing 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, NY Vernon, 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 utilities all 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-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-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

43 Action Pending Index NYS Register/May 15, 2019 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-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 requirements retirement 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 or in part, Windstream New York’s Petition For hearing, 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

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

44 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-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 To determine how and to what extent expenses expansion of Con Edison’s ESCO referral related to the Expansion of Con Edison’s program, PowerMove ESCO 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-19-12-00023-P ...... exempt Petition for approval pursuant to Section 70 To consider whether to grant, deny or modify, for the sale of goods with an original cost of in whole or in part, the petition filed by Orange less than $100,000 and 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-23-12-00007-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 and shareholders to be applied following the conclusion of Corning’s rate plan

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

45 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-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- To exempt Gipsy Trail Club, Inc. from term 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 policy and RG&E tariff Commission 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 part the petition of Con Edison to grant in part the petition of Con Edison to grant easements to Millwood Fire District easements to Millwood Fire District

*PSC-50-12-00003-P ...... exempt Affiliate standards for Corning Natural Gas To resolve issues raised by Corning Natural Corporation Gas 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 To determine whether a waiver of the timely 255.9221(d) completion of integrity completion of certain gas transmission line assessments for certain gas transmission integrity assessments should be granted. lines.

*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 To consider and further develop policies that consumer acceptance and use of electric may impact consumer acceptance and use of vehicles electric vehicles

46 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

*PSC-22-13-00009-P ...... exempt On remand from New York State court On remand, to determine the recovery of litigation, determine the recovery of certain certain deferral amounts owed NFG from deferred amounts owed NFG by ratepayers 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-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-25-13-00012-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 of transmission projects that reduce costs of transmission projects that reduce congestion on certain interfaces congestion on certain interfaces

*PSC-28-13-00016-P ...... exempt The request of NGT for lightened regulation To consider whether to approve, reject, or as 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 regulations that gas be odorized in certain lines certain 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 Business Practices Uniform Business Practices

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

*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.

47 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-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 To consider a waiver of certain regulations section 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 To consider a waiver of certain regulations section 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 To consider a waiver of certain regulations section 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 To consider a waiver of certain regulations section 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, submitted in support of a request for a change 2013 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, submitted in support of a request for a change 2013 to support its next rate filing. in rates.

*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, submitted in support of a request for a change 2013 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.

48 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 ESCO compliance ensure ESCO compliance

*PSC-11-14-00003-P ...... exempt Provision for the recovery and allocation of To consider the recovery and allocation of costs of transmission projects that reduce costs of transmission projects that reduce congestion on certain interfaces congestion 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 of Plattsburgh after approval of a town wide CPCN is approved and impose PSL 25-a CPCN and to impose penalties. 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-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

*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-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

49 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-26-14-00013-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-26-14-00020-P ...... exempt New electric utility backup service tariffs and To encourage development of microgrids that standards for interconnection may be enhance the efficiency, safety, reliability and adopted. 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-30-14-00026-P ...... exempt Petition for a waiver to master meter Considering the request of Renaissance electricity. 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 Bonnie and Michael Cross Michael Cross

*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-35-14-00004-P ...... exempt Regulation of a proposed electricity To consider regulation of a proposed electricity generation facility located in the Town of generation facility located in the Town of Brookhaven, NY 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-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 The study and petition of Con Edison regarding regarding use, accounting and ratemaking use, accounting and ratemaking treatment for treatment for 11-23 and 2-28 Hudson Ave. 11-23 and 2-28 Hudson Ave. Brooklyn. Brooklyn.

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

50 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

*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 customers. residential 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 AMR and AMI functionality. Centron 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 and related facilities located in the Town of gas pipeline and related facilities located in the Ticonderoga, NY. Town 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-48-14-00014-P ...... exempt Considering the recommendations contained To consider the recommendations contained in in Staff’ s electric outage investigation report Staff’s electric outage investigation report for for MNRR, New Haven Line. MNRR, New Haven Line.

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

*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/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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 billing program. its 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 file tariff changes to file tariff changes

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

*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-17-15-00007-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-18-15-00005-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-19-15-00011-P ...... exempt Gas Safety Performance Measures and To update the performance measures associated negative revenue adjustments applicable to KeySpan Gas East Corporation d/b/a National Grid

*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 16 NYCRR 96.1(a) and 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-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.

*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

52 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

*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 To consider the petition by NYCOM requesting with obtaining information on CLECs and assistance with obtaining information on ESCOs CLECs and ESCOs

*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-37-15-00007-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-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-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 compliance requirements approved by FERC. new BES compliance requirements.

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

*PSC-48-15-00010-P ...... exempt Lightened and incidental regulation of a 55 Consider the lightened and incidental MW electric and steam generating facility. regulation 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-50-15-00006-P ...... exempt The reduction of rates. To consider the reduction of rates charged by Independent Water Works, Inc.

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

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

53 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

*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-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-18-16-00013-P ...... exempt Amendments to the Uniform Business To ensure consumer protection for ESCO Practices of ESCOs. customers.

*PSC-18-16-00014-P ...... exempt Amendments to the Uniform Business To ensure consumer protection for ESCO Practices of ESCOs. customers.

*PSC-18-16-00015-P ...... exempt Petitions for rehearing of the Order Resetting To ensure consumer protections for ESCO Retail Energy Markets and Establishing customers. Further Process.

*PSC-18-16-00016-P ...... exempt Amendments to the Uniform Business To ensure consumer protection for ESCO Practices of ESCOs. customers.

*PSC-18-16-00018-P ...... exempt Amendments to the Uniform Business To ensure consumer protection for ESCO Practices of ESCOs. customers.

*PSC-20-16-00008-P ...... exempt Consideration of consequences against To consider consequences against Global Global Energy Group, LLC for violations of Energy Group, LLC for violations of the the Uniform Business Practices (UBP). Uniform Business Practices (UBP).

*PSC-20-16-00010-P ...... exempt Deferral and recovery of incremental To consider deferring costs of conducting leak expense. survey and repairs for subsequent recovery.

*PSC-20-16-00011-P ...... exempt Enetics LD-1120 Non-Intrusive Load To consider the use of the Enetics LD-1120 Monitoring Device in the Statewide Non-Intrusive Load Monitoring Device. Residential Appliance Metering Study.

*PSC-24-16-00009-P ...... exempt Petition to submeter gas service. To consider the Petition of New York City Economic Development Corp. to submeter gas at Pier 17, 89 South Street, New York, NY.

*PSC-25-16-00009-P ...... exempt To delay Companies’ third-party assessments To extend the time period between the of customer personally identifiable information Companies’ third-party assessments of until 2018. customer personally identifiable information.

*PSC-25-16-00025-P ...... exempt Acquisition of all water supply assets of To consider acquisition of all water supply Woodbury Heights Estates Water Co., Inc. by assets of Woodbury Heights Estates Water the Village of Kiryas Joel. Co., Inc. by the Village of Kiryas Joel.

*PSC-25-16-00026-P ...... exempt Use of the Badger E Series Ultrasonic Cold To consider the use of the Badger E Series Water Stainless Steel Meter, in residential fire Ultrasonic Cold Water Stainless Steel Meter in service applications. fire service applications.

54 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-28-16-00017-P ...... exempt A petition for rehearing of the Order Adopting To determine appropriate rules for and a Ratemaking and Utility Revenue Model calculation of the distributed generation Policy Framework. reliability credit.

*PSC-29-16-00024-P ...... exempt Participation of NYPA customers in To consider participation of NYPA customers in surcharge-funded clean energy programs. surcharge-funded clean energy programs.

*PSC-32-16-00012-P ...... exempt Benefit-Cost Analysis Handbooks. To evaluate proposed methodologies of benefit- cost evaluation.

*PSC-33-16-00001-EP ...... exempt Use of escrow funds for repairs. To authorize the use of escrow account funds for repairs.

*PSC-33-16-00005-P ...... exempt Exemption from certain charges for delivery of Application of System Benefits Charges, electricity to its Niagara Falls, New York Renewable Portfolio Standard charges and facility. Clean Energy Fund surcharges.

*PSC-35-16-00015-P ...... exempt NYSRC’s revisions to its rules and To consider revisions to various rules and measurements measurements of the NYSRC

*PSC-36-16-00004-P ...... exempt Recovery of costs for installation of electric To consider the recovery of costs for service. installation of electric service.

*PSC-40-16-00025-P ...... exempt Consequences pursuant to the Commission’s To consider whether to impose consequences Uniform Business Practices (UBP). on Smart One for its apparent non-compliance with Commission requirements.

*PSC-47-16-00009-P ...... exempt Petition to use commercial electric meters To consider the petition of Itron, Inc. to use the Itron CP2SO and CP2SOA in commercial electric meter applications

*PSC-47-16-00010-P ...... exempt Standby Service rate design To consider the report filed and the recommendations therein

*PSC-47-16-00013-P ...... exempt Standby Service rate design To consider the report filed and the recommendations therein

*PSC-47-16-00014-P ...... exempt Standby Service rate design To consider the report filed and the recommendations therein

*PSC-47-16-00016-P ...... exempt Standby Service rate design To consider the report filed and the recommendations therein

*PSC-02-17-00010-P ...... exempt Implementation of the four EAMs. To consider the implementation of EAMs for RG&E.

*PSC-02-17-00012-P ...... exempt Implementation of the four EAMs. To consider the implementation of EAMs for NYSEG.

*PSC-14-17-00017-P ...... exempt Petition for Full-Scale Deployment of AMI and To consider the petition for Full-Scale to Establish an AMI Surcharge. Deployment of AMI and to Establish an AMI Surcharge.

*PSC-18-17-00024-P ...... exempt A petition for rehearing or reconsideration of To determine whether Public Policy the Order Addressing Public Policy Transmission Need/Public Policy Requirements Transmission Need for AC Transmission continue to exist. Upgrades

*PSC-18-17-00026-P ...... exempt Revisions to the Dynamic Load Management To consider revisions to the Dynamic Load surcharge. Management surcharge.

55 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-19-17-00004-P ...... exempt NYAW’s request to defer and amortize, for Consideration of NYAW’s petition to defer and future rate recognition, pension settlement amortize, for future rate recognition, pension payout losses incurred in 2016. payour losses incurred in 2016.

*PSC-20-17-00008-P ...... exempt Compressed natural gas as a motor fuel for To consider a report filed by National Grid NY diesel fueled vehicles. regarding the potential for adoption of compressed natural gas as a motor fuel.

*PSC-20-17-00010-P ...... exempt Compressed natural gas as a motor fuel for To consider a report filed by National Grid diesel fueled vehicles. regarding the potential for adoption of compressed natural gas as a motor fuel.

*PSC-21-17-00013-P ...... exempt The establishment and implementation of To consider the establishment and Earnings Adjustment Mechanisms. implementation of Earnings Adjustment Mechanisms.

*PSC-21-17-00018-P ...... exempt Proposed agreement for the provision of To consider a waiver and approval of terms of water service by Saratoga Water Services, a service agreement. Inc.

*PSC-22-17-00004-P ...... exempt Financial incentives to create customer To consider the proposed Interconnection savings and develop market-enabling tools, Survey Process and Earnings Adjustment with a focus on outcomes and incentives Mechanisms

*PSC-23-17-00022-P ...... exempt Changes in regulation of ESCOs, including To ensure consumer protection for ESCO restrictions on or prohibitions of marketing or customers. offering certain products or services.

*PSC-24-17-00006-P ...... exempt Development of the Utility Energy Registry. Improved data access.

*PSC-26-17-00005-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 125 Waverly Street, Yonkers, New York.

*PSC-34-17-00011-P ...... exempt Waiver to permit Energy Cooperative of To consider the petition for a waiver America to serve low-income customers

*PSC-37-17-00005-P ...... exempt Financial incentives to create customer To consider the revised Interconnection Survey savings and develop market-enabling tools, Process and Earnings Adjustment with a focus on outcomes and incentives. Mechanisms.

*PSC-37-17-00006-P ...... exempt Petition to submeter electricity. To consider the petition of ACC OP (Park Point SU) LLC to submeter electricity at 417 Comstock Avenue, Syracuse, New York.

*PSC-39-17-00011-P ...... exempt Whether to direct New York State Electric & To determine financial responsibility between Gas to complete electric facility upgrades at NYSEG and Hanehan for the electric service no charge to Hanehan. upgrades to Hanehan.

*PSC-40-17-00006-P ...... exempt The aggregation of electric service for the To consider a waiver of National Grid’s tariff Empire State Plaza and the Sheridan Avenue provision requiring all electric delivery points to Steam Plant be on the same premises

*PSC-42-17-00010-P ...... exempt Petition for rehearing of negative revenue To consider NFGD’s petition for rehearing. adjustment and contents of annual Performance Report.

*PSC-48-17-00015-P ...... exempt Low Income customer options for affordable To consider the Low Income Bill Discount water bills. and/or Energy Efficiency Rebate Programs.

*PSC-50-17-00017-P ...... exempt New Wave Energy Corp.’s petition for To consider the petition for rehearing filed by rehearing. New Wave Energy Corp.

56 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-50-17-00018-P ...... exempt Application of the Public Service Law to DER To determine the appropriate regulatory suppliers. framework for DER suppliers.

*PSC-50-17-00019-P ...... exempt Transfer of utility property. To consider the transfer of utility property.

*PSC-50-17-00021-P ...... exempt Disposition of tax refunds and other related To consider the disposition of tax refunds and matters. other related matters.

*PSC-50-17-00022-P ...... exempt Data protection rules for DER suppliers. To determine the appropriate regulatory framework for DER suppliers.

*PSC-51-17-00011-P ...... exempt Petition for recovery of certain costs related to To consider Con Edison’s petition for the the implementation of a Non-Wires Alternative recovery of costs for implementing the JFK Project. Project.

*PSC-04-18-00005-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Montante/ Morgan Gates Circle LLC to submeter electricity.

*PSC-05-18-00004-P ...... exempt Lexington Power’s ZEC compliance To promote and maintain renewable and zero- obligation. emission electric energy resources.

*PSC-06-18-00012-P ...... exempt To consider further proposed amendments to To modify grandfathering criteria the original criteria to grandfathering established in the Transition Plan

*PSC-06-18-00017-P ...... exempt Merger of NYAW and Whitlock Farms Water To consider the merger of NYAW and Whitlock Corp. Farms Water Company into a single corporate entity

*PSC-07-18-00015-P ...... exempt The accuracy and reasonableness of National To consider AEC’s petition requesting Grid’s billing for certain interconnection resolution of their billing dispute with National upgrades. Grid.

*PSC-11-18-00004-P ...... exempt New York State Lifeline Program. To consider TracFone’s petition seeking approval to participate in Lifeline.

*PSC-13-18-00015-P ...... exempt Eligibility of an ESCO to market to and enroll To consider whether Astral should be allowed residential customers. to market to and enroll residential customers following a suspension.

*PSC-13-18-00023-P ...... exempt Reconciliation of property taxes. To consider NYAW’s request to reconcile property taxes.

*PSC-14-18-00006-P ...... exempt Petition for abandonment To consider the abandonment of Willsboro Bay Water Company’s water system

*PSC-15-18-00008-P ...... exempt Amendments to the Uniform Business Consideration of revised consumer protections Practices. and business practices of energy service companies.

*PSC-17-18-00010-P ...... exempt Petition for use of gas metering equipment. To ensure that consumer bills are based on accurate measurements of gas usage.

*PSC-18-18-00009-P ...... exempt Transfer of control of Keene Valley Video Inc. To ensure performance in accordance with applicable cable laws, regulations and standards and the public interest

PSC-23-18-00006-P ...... exempt Whether to impose consequences on Aspirity To ensure the provision of safe and adequate for its non-compliance with Commission energy service at just and reasonable rates. requirements.

57 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-23-18-00014-P ...... exempt Proposed major rate increase of To ensure safe and adequate service at just approximately $11.7 million to cover its and reasonable rates charged to customers Franklin and St. Lawrence Counties without undue preferences. expansion project.

PSC-24-18-00013-P ...... exempt Implementation of program rules for To promote and maintain renewable and zero- Renewable Energy Standard and ZEC emission electric energy resources. requirements.

PSC-28-18-00011-P ...... exempt Storm Hardening Collaborative Report. To ensure safe and adequate gas service.

PSC-28-18-00012-P ...... exempt Transfer of certain street lighting facilities. To transfer street lighting facilities for the benefit of ratepayers.

PSC-29-18-00008-P ...... exempt Participation in Targeted Accessibility Fund To encourage enhanced services for low- income consumers

PSC-29-18-00009-P ...... exempt Overvaluing real property tax expense To prevent unjust and unreasonable water recovery in water rates rates

PSC-30-18-00004-P ...... exempt Ownership of St. Lawrence Gas Company, To consider whether a proposed transfer of Inc. ownership interests in St. Lawrence Gas Company, Inc. is in the public interest.

PSC-31-18-00011-P ...... exempt Petition for the use of gas metering To ensure that consumer bills are based on equipment. accurate measurements of gas usage.

PSC-34-18-00011-P ...... exempt Compensation of distributed energy To ensure just and reasonable rates, including resources. compensation, for distributed energy resources.

PSC-34-18-00015-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and energy efficiency protections are in place.

PSC-34-18-00016-P ...... exempt Deferral of pre-staging and mobilization storm To ensure just and reasonable rates for costs. ratepayers and utility recovery of unexpected, prudently incurred costs.

PSC-35-18-00003-P ...... exempt Con Edison’s 2018 DSIP and BCA Handbook To continue Con Edison’s transition to a Update. modern utility serving as a Distributed System Platform Provider.

PSC-35-18-00005-P ...... exempt NYSEG and RG&E’s 2018 DSIP and BCA To continue NYSEG and RG&E’s transition to Handbook Update. modern utilities acting as Distributed System Platform Providers.

PSC-35-18-00006-P ...... exempt National Grid’s 2018 DSIP and BCA To continue National Grid’s transition to a Handbook Update. modern utility serving as a Distributed System Platform Provider.

PSC-35-18-00008-P ...... exempt Central Hudson’s 2018 DSIP and BCA To continue Central Hudson’s transition to a Handbook Update. modern utility serving as a Distributed System Platform Provider.

PSC-35-18-00010-P ...... exempt O&R’s 2018 DSIP and BCA Handbook To continue O&R’s transition to a modern utility Update. acting as a Distributed System Platform Provider.

PSC-36-18-00005-P ...... exempt Permanent operator of gas wells and certain To resolve ownership of overlapping gas gas facilities. facilities associated with wells transferred to two gas companies.

58 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-37-18-00003-P ...... exempt Service Classification No. 7 - Sale of Standby To expand eligibility to customers across Service to Customers with On-Site multiple buildings connected to a generating Generation Facilities. facility by a private thermal loop.

PSC-39-18-00005-P ...... exempt Participation in New York State Lifeline To encourage enhanced services for low- Program. income customers.

PSC-40-18-00014-P ...... exempt Annual Reconciliation of Gas Expenses and To review the gas utilities’ reconciliation of Gas Gas Cost Recoveries. Expenses and Gas Cost Recoveries for 2018.

PSC-40-18-00015-P ...... exempt Proposed rate filing to increase annual To ensure safe and adequate service at just revenues. and reasonable rates charged to customers without undue preferences.

PSC-42-18-00011-P ...... exempt Voluntary residential beneficial electrification To provide efficient rate design for beneficial rate design. technologies in New York State that is equitable for all residential customers.

PSC-42-18-00013-P ...... exempt Petition for clarification and rehearing of the To address the increased demand for natural Smart Solutions Program Order. gas in the Con Edison’s service territory and the limited pipeline capacity.

PSC-42-18-00014-P ...... exempt The disposition of a refund from NYPA to the To determine whether the proposed disposition Village of Solvay of $733,000 for overcharge of the NYPA refund is just and reasonable. for electricity over several years.

PSC-44-18-00012-P ...... exempt Petition for approval of gas metering To ensure that customer bills are based on equipment. accurate measurements of gas usage.

PSC-44-18-00013-P ...... exempt Petition for approval of gas metering To ensure that customer bills are based on equipment. accurate measurements of gas usage.

PSC-44-18-00016-P ...... exempt Petition for approval of gas metering To ensure that customer bills are based on equipment. accurate measurements of gas usage.

PSC-45-18-00004-P ...... exempt Proposed transfer of two natural gas pipeline To consider transfer if there is no market power operating companies, and for lightened and or ratepayer harm, incidental regulation, and incidental regulation continuing lightened regulation

PSC-45-18-00005-P ...... exempt Notice of intent to submeter electricity and To ensure adequate submetering equipment, waiver of energy audit consumer protections and energy efficiency protections are in place

PSC-46-18-00005-P ...... exempt Proposed rate filing to increase annual To ensure safe and adequate service at just revenues. and reasonable rates charged to customers without undue preferences.

PSC-47-18-00007-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-47-18-00008-P ...... exempt Proposed Public Policy Transmission Needs/ To identify any proposed Public Policy Public Policy Requirements, as defined under Transmission Needs/Public Policy the NYISO tariff. Requirements for referral to the NYISO.

PSC-50-18-00003-P ...... exempt Proposed transfer of interests in an electric To consider the transfer of generating facility generating facility and dedicated natural gas and dedicated gas pipeline if there is no pipeline market power or ratepayer harm

PSC-51-18-00012-P ...... exempt Petition for water metering equipment. To ensure that customer bills are based on accurate measurements of water usage.

59 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-52-18-00006-P ...... exempt Standby Service Rates and Buyback Service To ensure just and reasonable rates, including Rates. compensation, for distributed energy resources.

PSC-52-18-00008-P ...... exempt Minor rate filing. To ensure safe and adequate service at just and reasonable rates charged to customers without undue preferences.

PSC-52-18-00011-P ...... exempt LED Street Lighting. To provide customers with more efficient, lower cost LED street lighting options.

PSC-52-18-00012-P ...... exempt Minor rate filing. To ensure safe and adequate service at just and reasonable rates charged to customers without undue preferences.

PSC-01-19-00004-P ...... exempt Advanced Metering Infrastructure. To determine whether Niagara Mohawk Power Corporation d/b/a National Grid should implement advanced metering infrastructure.

PSC-01-19-00007-P ...... exempt Northbrook Lyons Falls LLC’s 3 hydro To promote and maintain renewable electric facilities with a combined capacity of 8.59 energy resources. MW located in Mill, Gouldtown, and Kosterville.

PSC-01-19-00013-P ...... exempt Order of the Commission related to caller ID To require telephone companies to unblock unblocking. caller ID on calls placed to the 311 municipal call center in Suffolk County.

PSC-01-19-00014-P ...... exempt To modify provisions for accepting new or To continue to provide safe and reliable service additional gas service applications when there to existing customers. is inadequate supply or capacity.

PSC-01-19-00015-P ...... exempt To modify provisions for accepting new or To continue to provide safe and reliable service additional gas service applications when there to existing customers. is inadequate supply or capacity.

PSC-01-19-00016-P ...... exempt To modify provisions for accepting new or To continue to provide safe and reliable service additional gas service applications when there to existing customers. is inadequate supply or capacity.

PSC-02-19-00009-P ...... exempt The 2018 Electric Emergency Response To consider the adequacy of the 2018 Electric Plans for electric utilities. Emergency Response Plans.

PSC-02-19-00014-P ...... exempt Petition for use of electric metering To ensure that consumer bills are based on equipment. accurate measurements of electric usage.

PSC-03-19-00002-P ...... exempt DPS Staff White Paper for who must be To reduce damage to underground utility trained in 16 NYCRR Part 753 requirements facilities by requiring certain training and and how the Commission will approve approving training curricula. trainings.

PSC-04-19-00004-P ...... exempt Con Edison’s petition for the Gas Innovation To pursue programs that continue service Program and associated budget. reliability and meet customer energy needs while aiding greenhouse gas reduction goals.

PSC-04-19-00007-P ...... exempt Minor rate filing. To increase authorized indebtedness to provide funds for working capital and operations and maintenance.

PSC-04-19-00011-P ...... exempt Update of revenue targets. To ensure NYAW’s rates are just and reasonable and accurately reflect the needed revenues.

60 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-04-19-00025-P ...... exempt Customer Consent to Contact. To include a new provision establishing customer consent for the utility to contact them electronically about utility service.

PSC-04-19-00026-P ...... exempt Customer Consent to Contact. To include a new provision establishing customer consent for the utility to contact them electronically about utility service.

PSC-04-19-00027-P ...... exempt Customer Consent to Contact. To include a new provision establishing customer consent for the utility to contact them electronically about utility service.

PSC-04-19-00028-P ...... exempt Customer Consent to Contact. To include a new provision establishing customer consent for the utility to contact them electronically about utility service.

PSC-05-19-00009-P ...... exempt Transfer of street lighting facilities To consider whether the transfer of certain street lighting facilities is in the public interest

PSC-05-19-00012-P ...... exempt Waiver of certain rules, e.g.5-year buildout To determine whether to waive any rules and and 7-day installation requirements pertaining regulations to cable television franchise

PSC-05-19-00014-P ...... exempt Transfer of natural gas pipeline and request To grant lightened and incidental regulation to for lightened and incidental regulation SABIC Innovative Plastics, LLC and approve the transfer of a gas pipeline

PSC-06-19-00005-P ...... exempt Consideration of the Joint Utilities’ proposed To to expand opportunities for low-income BDP Program. households to participate in Community Distributed Generation (CDG) projects.

PSC-06-19-00006-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations sections 86.3(a)(1), 86.3(a)(2), and 86.4(b). related to an application for transmission line siting.

PSC-07-19-00009-P ...... exempt Whether to impose consequences on AAA for To insure the provision of safe and adequate its non-compliance with Commission energy service at just and reasonable rates. requirements.

PSC-07-19-00010-P ...... exempt The rates and charges for non-roadway LED To determine whether to amend National Grid’s service offerings for outdoor lighting P.S.C. No. 214 - Outdoor Lighting Tariff to customers. provide new LED service offerings.

PSC-07-19-00011-P ...... exempt Amended Lease Agreement for space in the Review of Amended Lease Agreement between NYSEG facility. NYSEG and Coughlin & Gerhart, LLP.

PSC-07-19-00012-P ...... exempt Initial Tariff Schedule, P.S.C. No. 1 - Water To provide the rates, rules, and regulations and waiver of rate setting authority. under which water service will be provided to the customers of the system.

PSC-07-19-00013-P ...... exempt Transfer of street lighting facilities to the Town To determine whether to authorize the transfer of Skaneateles. street lighting facilities to the Town of Skaneateles.

PSC-07-19-00014-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-07-19-00015-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-07-19-00016-P ...... exempt Participation in New York State Lifeline To encourage enhanced services for low- Program. income customers.

61 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-08-19-00008-P ...... exempt Disposition of property tax refunds To consider Verizon New York Inc.’s request to retain a portion of a property tax refund

PSC-08-19-00009-P ...... exempt Sale of Street Lighting Facilities to the Town To consider the transfer of street lighting of Rosendale facilities to the Town of Rosendale

PSC-09-19-00006-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-09-19-00007-P ...... exempt Exemptions from standby rates. To consider whether the standby rate exemptions proposed by the City of New York are reasonable and in the public interest.

PSC-09-19-00008-P ...... exempt Exemptions from standby rates. To determine whether standby rate exemptions should be continued.

PSC-09-19-00009-P ...... exempt Amendments to the tariff of Con Edison To consider the appropriate tariff provisions for pertaining to interruptible gas service Con Edison interruptible gas service customers. customers.

PSC-09-19-00010-P ...... exempt Non-pipeline alternatives report To consider the terms and conditions recommendations. applicable to gas service.

PSC-09-19-00011-P ...... exempt To request a waiver of the requirements of Efficiency improvements to the annual payout PSL Section 66-j(4)(c) regarding the annual process for excess generation. payout process for excess generation.

PSC-09-19-00012-P ...... exempt Waiver of certain rules, i.e., 5-year buildout To determine whether to waive any rules and and 7-day installation requirements pertaining regulations. to cable television franchise.

PSC-09-19-00013-P ...... exempt Cyber Security requirements. Establish a framework to ensure the protection of utility systems and customer data from cyber events.

PSC-10-19-00005-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-10-19-00006-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-11-19-00002-P ...... exempt Notice of intent to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

PSC-11-19-00003-P ...... exempt Transfer of street lighting facilities To consider whether the transfer of certain street lighting facilities is in the public interest

PSC-11-19-00004-P ...... exempt Notice of intent to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

PSC-12-19-00001-EP ...... exempt Postponement of the levelization surcharge To reduce otherwise applicable charges in Rate mechanism for Service Area 1 customers. Year 3 for Service Area 1 customers.

PSC-12-19-00004-P ...... exempt To test innovative pricing proposals on an opt- To provide pricing structures that deliver out basis. benefits to customers and promote beneficial electrification technologies.

PSC-12-19-00005-P ...... exempt The request to issue long-term debt To assume debt for general corporate securities. purposes, including working capital and other financial requirements

62 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-12-19-00006-P ...... exempt Transfer of utility property. To determine whether to approve the transfer of utility property.

PSC-13-19-00010-P ...... exempt New Commission requirements for gas To make pipelines safer with improved training company operator qualification programs. of workers who perform construction and repairs on natural gas facilities.

PSC-13-19-00011-P ...... exempt Modifications to the Gas Cost Factor and To ensure safe and reliable service for Daily Delivery Service Programs. customers at just and reasonable rates.

PSC-13-19-00012-P ...... exempt Paperless billing credit. To provide just and reasonable rates.

PSC-13-19-00013-P ...... exempt To revise the voluntary residential time-of-use To provide accurate pricing structures that delivery rates for Rate Years 2 and 3 due to deliver benefits to customers. an inadvertent omission.

PSC-13-19-00014-P ...... exempt Eligibility for annual per-plug incentives for To increase electric vehicle infrastructure DCFC stations. penetration to accomplish New York’s Zero Emission Vehicle adoption mandate.

PSC-13-19-00015-P ...... exempt Use of electric metering equipment. To ensure that consumer bills are based on accurate measurements of electric usage.

PSC-13-19-00016-P ...... exempt Transfer of street lighting facilities. To determine whether to transfer street lighting facilities.

PSC-13-19-00017-P ...... exempt Use of electric metering equipment. To ensure that consumer bills are based on accurate measurements of electric usage.

PSC-13-19-00018-P ...... exempt Use of electric metering equipment. To ensure that consumer bills are based on accurate measurements of electric usage.

PSC-13-19-00019-P ...... exempt Pole attachment rates. To provide just and reasonable pole attachment rates.

PSC-13-19-00020-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-13-19-00021-P ...... exempt Modifications to the Gas Supply Charge and To ensure safe and reliable service for Balancing Service Programs. customers at just and reasonable rates.

PSC-13-19-00022-P ...... exempt Transfer of street lighting facilities. To consider whether the transfer of certain street lighting facilities is in the public interest.

PSC-14-19-00004-EP ...... exempt Tariff amendments to revise demand-based To preserve the integrity of the Innovative Price Innovative Price Pilot rates downward to Pilot so to ensure that the data collected will reflect corrected billing determinants. not be distorted.

PSC-14-19-00008-P ...... exempt Residential meter reading To establish provisions for a special meter read for when service is discontinued to residential customers

PSC-15-19-00008-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-15-19-00009-P ...... exempt Cancellation of Society’s tariff. To consider whether cancellation of Society’s tariff is in the public service.

PSC-15-19-00010-P ...... exempt Tariff provisions for Interruptible and Off-Peak To amend certain penalties for non-compliant Firm Service Customers. Interruptible and Off-Peak Firm Customers.

63 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-16-19-00001-P ...... exempt Waiver of certain rules, i.e., 5-year buildout To determine whether to waive any rules and and 7-day installation requirements pertaining regulations. to cable television franchise.

PSC-16-19-00002-P ...... exempt NYSEG and RG&E Implementation Plan and To consider NYSEG and RG&E’s audit recommendations. Implementation Plan.

PSC-16-19-00003-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-16-19-00004-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-16-19-00005-P ...... exempt Proposed major electric delivery revenue To ensure safe and adequate service at just requirement increase of approximately $485 and reasonable rates charged to customers million (or 4.6% in total revenues). without undue preferences.

PSC-16-19-00006-P ...... exempt Waiver of certain rules, i.e., 5-year buildout To determine whether to waive any rules and and 7-day installation requirements pertaining regulations. to cable television franchise.

PSC-16-19-00007-P ...... exempt Recommencement of the levelization To address the issues in NYAW’s petition dated surcharge, changes to the System February 25, 2019. Improvement Charge, and a one-year stay-out.

PSC-16-19-00008-P ...... exempt Proposed major rate increase in Con Edison’s To ensure safe and adequate service at just gas delivery revenues of approximately $210 and reasonable rates charged to customers million (or 9.1% in total revenues). without undue preferences.

PSC-17-19-00010-P ...... exempt Waiver of tariff rules and a related To consider whether a waiver of tariff rules and Commission regulation. a Commission regulation are just and reasonable and in the public interest.

PSC-17-19-00011-P ...... exempt Purchased power adjustment. To ensure existing customers are not harmed by an increase in rates attributable to any incremental supply.

PSC-17-19-00012-P ...... exempt Establishment of a consumer awareness To encourage clean energy development in program to encourage renewable energy Westchester. resources and energy efficiencies in Westchester.

PSC-17-19-00013-P ...... exempt Tariff amendments regarding minimum To ensure safe and adequate service at just monthly storage inventory levels. and reasonable rates charged to customers without undue preferences.

PSC-17-19-00014-P ...... exempt Minor rate filing. To ensure safe and adequate service at just and reasonable rates charged to customers without undue preferences.

PSC-18-19-00010-P ...... 04/30/20 Energy efficiency programs, budgets, and To encourage the delivery and procurement of targets for investor-owned utilities. energy efficiency by investor-owned utilities.

PSC-18-19-00011-P ...... exempt Policies, budgets and targets for support of To encourage the support for heat pump heat pump deployment by investor-owned deployment by investor-owned utilities. utilities.

PSC-18-19-00012-P ...... 04/30/20 Policies, budgets and targets for support of To encourage the support of energy effiency energy effiency programs for low- and programs for low- and moderate-income moderate-income customers. customers by investor-owned utilities.

64 NYS Register/May 15, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-18-19-00013-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-18-19-00014-P ...... exempt Revenue neutral revenue adjustment to the To ensure safe and adequate service at just demand and energy charges under SC No. 3. and reasonable rates charged to customers without undue preferences.

PSC-18-19-00015-P ...... exempt Minor rate filing. To ensure safe and adequate service at just and reasonable rates charged to customers without undue preferences.

PSC-19-19-00011-P ...... exempt To consider a settlement agreement. Modification of Network Expansion Condition.

PSC-19-19-00012-P ...... exempt Minor rate filing. To ensure that the Village of Silver Spring provides safe and adequate service and that its rates are just and reasonable.

PSC-19-19-00013-P ...... exempt Proposed merger of three water utilities into To determine if the proposed merger is in the one corporation. public interest.

PSC-19-19-00014-P ...... exempt Establishment of the regulatory regime Consideration of a lightened regulatory regime applicable to an approximately 124 MW for an approximately 124 MW electric electric generating facility. generating facility.

PSC-19-19-00015-P ...... exempt Establishment of the regulatory regime Consideration of a lightened regulatory regime applicable to an energy storage facility of up for an energy storage facility of up to 316 MW to 316 MW.

PSC-19-19-00016-P ...... exempt Establishment of the regulatory regime Consideration of a lightened regulatory regime applicable to an approximately 242 MW for an approximately 242 MW electric electric generating facility. generating facility.

PSC-20-19-00008-P ...... exempt Reporting on energy sources To ensure accurate reporting and encourage clean energy purchases

PSC-20-19-00009-P ...... exempt Petition to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

PSC-20-19-00010-P ...... exempt Compensation policies for certain CHP To consider appropriate rules for compensation projects of certain CHP resources

PSC-20-19-00011-P ...... exempt Petition to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

PSC-20-19-00012-P ...... exempt Waiver of 16 NYCRR Section 894.4(b)(2) To determine whether to waive any rules and pertaining to publishing notice of the RFP in regulations national publications

PSC-20-19-00013-P ...... exempt Notice of intent to submeter electricity and To ensure adequate submetering equipment, waiver of energy audit consumer protections and energy efficiency protections are in place

PSC-20-19-00014-P ...... exempt Transfer of street lighting facilities To consider the transfer of street lighting facilities to the City of Oneonta

PSC-20-19-00015-P ...... exempt Establishment of the regulatory regime Consideration of a lightened regulatory regime applicable to an approximately 105.8 MW for an approximately 105.8 MW electric electric generating facility generating facility

65 Action Pending Index NYS Register/May 15, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

STATE UNIVERSITY OF NEW YORK

SUN-15-19-00007-P ...... 04/09/20 Proposed amendments to Appointment of Allow a temporary cessation of service credit Employees and Leave of Absences for during birth/adoption/foster care placement of Employees in the Professional Service. child and update leave accruals.

TAXATION AND FINANCE, DEPARTMENT OF

TAF-08-19-00007-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 2019 through June 30, 2019

TAF-09-19-00005-EP ...... 02/27/20 The Congestion Surcharge. To implement the Congestion Surcharge and related registration, recordkeeping and reporting requirements.

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-14-19-00002-P ...... 04/02/20 Enforcement of support obligations and To clarify the requirements for income issuance of income withholding orders (IWOs) withholding for persons served by the Title IV-D child support program (IV-D) to conform with changes to the federal IV-D IWO/Notice for Support form

TDA-14-19-00007-P ...... 04/02/20 Abandonment of requests for fair hearings To require the issuance of letters to appellants who fail to appear at scheduled fair hearings involving Medical Assistance, also known as Medicaid, advising them how to request the rescheduling of such fair hearings

TDA-19-19-00007-P ...... 05/07/20 Adult-Care Facilities and Shelters for Adults To update State regulations pertaining to general provisions, inspections and enforcement, and shelters for adults

TDA-19-19-00008-P ...... 05/07/20 Shelters for Families To update State regulations pertaining to shelters for families

TDA-19-19-00010-P ...... 05/07/20 Elimination of finger imaging requirement for To update State regulations to align public public assistance applicants and recipients assistance programs with other State benefit programs regarding identification verification requirements

WORKERS’ COMPENSATION BOARD

*WCB-52-17-00021-RP ...... 09/23/19 Establishment of Prescription Drug Formulary Establishment of a drug formulary that includes high-quality and cost-effective preauthorized medication

66 RULE REVIEW

Department of Civil Service 2004 Amendment to Chapter IV of 4 NYCRR (Regulations of the Rules Continued Without Modification Regulations of the State Civil Service Commission [Commission’s Pursuant to section 207 of the State Administrative Procedure Act Regulations]) (SAPA), notice is hereby provided that upon publication of the Five The resolution amended Part 55.2 to provide that a committee on Year Review of Existing Regulations and the conclusion of the forty- five (45) day public comment period, no public comments were appeals of the State Civil Service Commission shall not consider an received regarding any of the subject rules. The rules referenced herein examination appeal from a candidate whose score at time of establish- have functioned consistent with the purposes underlying their adop- ment of the eligible list is immediately reachable for appointment as tion and shall be continued without modification. provided in section 61 of the Civil Service Law. However, a commit- 1999 tee on appeals will consider timely appeals where a candidate’s reach- ability for appointment is affected by the committee’s determination Amendments to Chapter II of Title 4 of NYCRR (Attendance Rules of another appeal. for Employees in New York State Departments and Institutions) 2009 Sections 21.16 and 28-1.18 of the Attendance Rules were adopted to permit appointing authorities to grant overtime ineligible employ- No current amendments to 4 NYCRR were adopted during 2009. ees who have exhausted military leave with pay provided pursuant to 2014 the New York State Military Law, further leave with pay without No current amendments to 4 NYCRR were adopted during 2014. charge to accruals for any period[s] of less than a workweek during which such employees are ordered to temporary military duty. Section 21.9 and 28-1.9 of the Attendance Rules were amended to permit agencies to grant overtime ineligible employees leave with pay without charge to accruals for any absence[s] of less than a workweek during which such employees are required to appear as a witness pur- suant to a subpoena or other order of court, regardless of whether an employee is a party to the action. Amendments to Chapter V of 4 NYCRR (Regulations of the Depart- ment of Civil Service [President’s Regulations]) The regulation added a new subparagraph (iv) to section 73.1(c)(1) and a new paragraph (5) to section 73.1(e) of the President’s Regula- tions providing that unpaid board members of public authorities may participate in the New York State Health Insurance Program (NY- SHIP) after six months of service and may also continue their NY- SHIP enrollment upon leaving public service with 20 years or more of service in such positions. Amendment to Chapter V of 4 NYCRR (Regulations of the Depart- ment of Civil Service [President’s Regulations]) Section 73.3(b)(1) of the President’s Regulations was amended to enable participating agencies (PAs) and participating employers (PEs) in the New York State Health Insurance Program (NYSHIP) to con- tribute towards health insurance premiums on behalf of employees on leave without pay, provided such benefit is accorded to all employees within a class or category. The amendment provides that upon sixty (60) days prior notice to the Department of Civil Service, PAs and PEs may provide such benefit to an eligible employee for a period of two years. This authorization may be extended for one additional two-year period by the State Civil Service Commission for good cause shown and where the interests of government would be served. The amend- ment further provides that where contributions have been made on behalf of an employee on leave without pay for a two-year period, or a four-year period where authorized by the State Civil Service Commis- sion, no further extensions may be granted unless the employee returns to his or her position and serves continuously therein for the six-month period immediately preceding a subsequent leave of absence.

67

ADVERTISEMENTS FOR BIDDERS/CONTRACTORS SEALED BIDS project area will be at 10:00 a.m. on May 9, 2019 at Auburn Field Of- fice, 29 W. Garden Street, Auburn, NY. Prospective bidders are urged to visit the site at this time. Prospective bidders or their representa- REPLACE/REPAIR tives attending the pre-bid site visit will not be admitted on facility PLUMBING/CELL BACKS grounds without proper photo identification. Note that parking restric- Auburn Correctional Facility tions and security provisions will apply and all vehicles will be subject Auburn, Cayuga County to search. Phone the office of Brad Young, (607) 869-5135 a minimum of 72 Sealed bids for Project Nos. 44668-C, 44668-P, 44668-E, compris- hours in advance of the date to provide the names of those who will ing separate contracts for Construction Work, Plumbing Work, and attend the pre-bid site visit. Electrical Work, Replace Plumbing, Repair Cell Backs, E Block, Pursuant to New York State Executive Law Article 15-A and the Building 2, Auburn Correctional Facility, 135 State Street, PO Box 618, Auburn (Cayuga County), NY, will be received by the Office of rules and regulations promulgated thereunder, OGS is required to General Services (OGS), Design & Construction Group (D&C), Divi- promote opportunities for the maximum feasible participation of New sion of Contract Management, 35th Fl., Corning Tower, Empire State York State-certified Minority- and Women-owned Business Enter- Plaza, Albany, NY 12242, on behalf of the Department of Corrections prises (“MWBEs”) and the employment of minority group members and Community Supervision, until 2:00 p.m. on Wednesday, May 22, and women in the performance of OGS contracts. All bidders are 2019, when they will be publicly opened and read. Each bid must be expected to cooperate in implementing this policy. OGS hereby prepared and submitted in accordance with the Instructions to Bidders establishes an overall goal of 30% for MWBE participation, 15% for and must be accompanied by a certified check, bank check, or bid Minority-Owned Business Enterprises (“MBE”) participation and bond in the amount of $59,900 for C, $65,400 for P, and $22,700 for 15% for Women-Owned Business Enterprises (“WBE”) participation E. (based on the current availability of qualified MBEs and WBEs) for All successful bidders will be required to furnish a Performance Construction and Plumbing Work and an overall goal of 20% for Bond and a Labor and Material Bond in the statutory form of public MWBE participation, 10% for Minority-Owned Business Enterprises bonds required by Sections 136 and 137 of the State Finance Law, (“MBE”) participation and 10% for Women-Owned Business Enter- each for 100% of the amount of the Contract estimated to be between prises (“WBE”) participation (based on the current availability of $1,000,000 and $2,000,000 for C, between $1,000,000 and $2,000,000 qualified MBEs and WBEs) for Electric Work. The total contract goal for P, and between $500,000 and $1,000,000 for E. can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under this Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation Contract. includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is The Office of General Services reserves the right to reject any or all restricted from making contacts from the earliest posting, on the OGS bids. website, in a newspaper of general circulation, or in the Contract The Bidding and Contract Documents for this Project are available Reporter of written notice, advertisement or solicitation of offers on compact disc (CD) only, and may be obtained for an $8.00 deposit through final award and approval of the contract by OGS D&C and per set, plus a $2.00 per set shipping and handling fee. Contractors the Office of the State Comptroller (“Restricted Period”) to other than and other interested parties can order CD’s on-line through a secure designated staff unless it is a contact that is included among certain web interface available 24 hours a day, 7 days a week. Please use the statutory exceptions set forth in State Finance Law § 139-j(3)(a). following link at the OGS website for ordering and payment Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in instructions: https://online.ogs.ny.gov/dnc/contractorConsultant/esb/ the Division of Contract Management, telephone (518) 474-0203, fax ESBPlansAvailableIndex.asp (518) 473-7862 and John Lewyckyj, Deputy Director, Design & For questions about purchase of bid documents, please send an Construction Group, telephone (518) 474-0201, fax (518) 486-1650. e-mail to [email protected], or call (518) 474-0203. OGS D&C employees are also required to obtain certain information For additional information on this project, please use the link below when contacted during the restricted period and make a determination and then click on the project number: https://online.ogs.ny.gov/dnc/ of the responsibility of the bidder pursuant to these two statutes. contractorConsultant/esb/ESBPlansAvailableIndex.asp Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year pe- riod, the bidder is debarred from obtaining governmental Procurement By John D. Lewyckyj, Deputy Director Contracts. Bidders responding to this Advertisement must familiarize OGS - Design & Construction Group themselves with the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid REPLACE form. Further information about these requirements can be found WINDOWS within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ Binghamton State Office Building regulations/defaultAdvisoryCouncil.html Binghamton, Broome County The substantial completion date for this project is 752 days after the Agreement is approved by the Comptroller. Sealed bids for Project Nos. 45242-C, for Construction Work, The only time prospective bidders will be allowed to visit the job Replace Windows, Binghamton State Office Building, 44 Hawley site to take field measurements and examine existing conditions of the Street (Broome County), NY, will be received by the Office of Gen-

69 Advertisements for Bidders/Contractors NYS Register/May 15, 2019 eral Services (OGS), Design & Construction Group (D&C), Division per set, plus a $2.00 per set shipping and handling fee. Contractors of Contract Management, 35th Fl., Corning Tower, Empire State and other interested parties can order CD’s on-line through a secure Plaza, Albany, NY 12242, on behalf of the Office of General Services, web interface available 24 hours a day, 7 days a week. Please use the until 2:00 p.m. on Wednesday, May 22, 2019, when they will be following link at the OGS website for ordering and payment publicly opened and read. Each bid must be prepared and submitted in instructions: https://online.ogs.ny.gov/dnc/contractorConsultant/esb/ accordance with the Instructions to Bidders and must be accompanied ESBPlansAvailableIndex.asp by a certified check, bank check, or bid bond in the amount of For questions about purchase of bid documents, please send an $162,600 for C. All successful bidders will be required to furnish a e-mail to [email protected], or call (518) 474-0203. Performance Bond and a Labor and Material Bond in the statutory For additional information on this project, please use the link below form of public bonds required by Sections 136 and 137 of the State and then click on the project number: https://online.ogs.ny.gov/dnc/ Finance Law, each for 100% of the amount of the Contract estimated contractorConsultant/esb/ESBPlansAvailableIndex.asp to be between $6,000,000 and $7,000,000 for C. Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between By John D. Lewyckyj, Deputy Director OGS D&C and a bidder during the procurement process. A bidder is OGS - Design & Construction Group restricted from making contacts from the earliest posting, on the OGS website, in a newspaper of general circulation, or in the Contract REPLACE Reporter of written notice, advertisement or solicitation of offers WINDOWS through final award and approval of the contract by OGS D&C and Utica State Office Building the Office of the State Comptroller (“Restricted Period”) to other than Utica, Oneida County designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Sealed bids for Project No. 45276-C, for Construction Work, Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in Replace Windows, Utica State Office Building, 207 Genesee Street, the Division of Contract Management, telephone (518) 474-0203, fax Utica (Oneida County), NY, will be received by the Office of General (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Services (OGS), Design & Construction Group (D&C), Division of Construction Group, telephone (518) 474-0201, fax (518) 486-1650. Contract Management, 35th Fl., Corning Tower, Empire State Plaza, OGS D&C employees are also required to obtain certain information Albany, NY 12242, on behalf of the Office of General Services, until when contacted during the restricted period and make a determination 2:00 p.m. on Wednesday, May 22, 2109, when they will be publicly of the responsibility of the bidder pursuant to these two statutes. opened and read. Each bid must be prepared and submitted in accor- Certain findings of non-responsibility can result in rejection for dance with the Instructions to Bidders and must be accompanied by a contract award and in the event of two findings within a four-year pe- certified check, bank check, or bid bond in the amount of $217,600 for riod, the bidder is debarred from obtaining governmental Procurement C. Contracts. Bidders responding to this Advertisement must familiarize themselves with the State Finance Law requirements and will be All successful bidders will be required to furnish a Performance expected to affirm that they understand and agree to comply on the bid Bond and a Labor and Material Bond in the statutory form of public form. Further information about these requirements can be found bonds required by Sections 136 and 137 of the State Finance Law, within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ each for 100% of the amount of the Contract estimated to be between regulations/defaultAdvisoryCouncil.html $8,000,000 and $9,000,000 for C. The substantial completion date for this project is 461 days after the Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation Agreement is approved by the Comptroller. includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is The only time prospective bidders will be allowed to visit the job restricted from making contacts from the earliest posting, on the OGS site to take field measurements and examine existing conditions of the website, in a newspaper of general circulation, or in the Contract project area will be at 9:00 a.m. on May 14, 2019 at Binghamton State Reporter of written notice, advertisement or solicitation of offers Office Building, 44 Hawley Street, Rm. 601, Binghamton NY. Pro- through final award and approval of the contract by OGS D&C and spective bidders are urged to visit the site at this time. Prospective bid- the Office of the State Comptroller (“Restricted Period”) to other than ders or their representatives attending the pre-bid site visit will not be designated staff unless it is a contact that is included among certain admitted on facility grounds without proper photo identification. Note statutory exceptions set forth in State Finance Law § 139-j(3)(a). that parking restrictions and security provisions will apply and all Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in vehicles will be subject to search. the Division of Contract Management, telephone (518) 474-0203, fax Phone the office of Luanne Vaughn, (607-721-8716) a minimum of (518) 473-7862 and John Lewyckyj, Deputy Director, Design & 48 hours in advance of the date to provide the names of those who will Construction Group, telephone (518) 474-0201, fax (518) 486-1650. attend the pre-bid site visit. OGS D&C employees are also required to obtain certain information Pursuant to New York State Executive Law Article 15-A and the when contacted during the restricted period and make a determination rules and regulations promulgated thereunder, OGS is required to of the responsibility of the bidder pursuant to these two statutes. promote opportunities for the maximum feasible participation of New Certain findings of non-responsibility can result in rejection for York State-certified Minority- and Women-owned Business Enter- contract award and in the event of two findings within a four-year pe- prises (“MWBEs”) and the employment of minority group members riod, the bidder is debarred from obtaining governmental Procurement and women in the performance of OGS contracts. All bidders are Contracts. Bidders responding to this Advertisement must familiarize expected to cooperate in implementing this policy. OGS hereby themselves with the State Finance Law requirements and will be establishes an overall goal of 30% for MWBE participation, 15% for expected to affirm that they understand and agree to comply on the bid Minority-Owned Business Enterprises (“MBE”) participation and form. Further information about these requirements can be found 15% for Women-Owned Business Enterprises (“WBE”) participation within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ (based on the current availability of qualified MBEs and WBEs). The regulations/defaultAdvisoryCouncil.html total contract goal can be obtained by utilizing any combination of The substantial completion date for this project is 511 days after the MBE and /or WBE participation for subcontracting and supplies Agreement is approved by the Comptroller. acquired under this Contract. The only time prospective bidders will be allowed to visit the job The Office of General Services reserves the right to reject any or all site to take field measurements and examine existing conditions of the bids. project area will be at 10:00 a.m. on May 9, 2019 at Utica State Office The Bidding and Contract Documents for this Project are available Building, 207 Genesee Street, Suite 208, Utica, NY. Prospective bid- on compact disc (CD) only, and may be obtained for an $8.00 deposit ders are urged to visit the site at this time. Prospective bidders or their

70 NYS Register/May 15, 2019 Advertisements for Bidders/Contractors representatives attending the pre-bid site visit will not be admitted on OGS D&C and a bidder during the procurement process. A bidder is facility grounds without proper photo identification. Note that parking restricted from making contacts from the earliest posting, on the OGS restrictions and security provisions will apply and all vehicles will be website, in a newspaper of general circulation, or in the Contract subject to search. Reporter of written notice, advertisement or solicitation of offers Phone the office of Brendan Ford, (315) 736-5770 a minimum of 48 through final award and approval of the contract by OGS D&C and hours in advance of the date to provide the names of those who will the Office of the State Comptroller (“Restricted Period”) to other than attend the pre-bid site visit. designated staff unless it is a contact that is included among certain Pursuant to New York State Executive Law Article 15-A and the statutory exceptions set forth in State Finance Law § 139-j(3)(a). rules and regulations promulgated thereunder, OGS is required to Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enter- the Division of Contract Management, telephone (518) 474-0203, fax prises (“MWBEs”) and the employment of minority group members (518) 473-7862 and John Lewyckyj, Deputy Director, Design & and women in the performance of OGS contracts. All bidders are Construction Group, telephone (518) 474-0201, fax (518) 486-1650. expected to cooperate in implementing this policy. OGS hereby OGS D&C employees are also required to obtain certain information establishes an overall goal of 30% for MWBE participation, 15% for when contacted during the restricted period and make a determination Minority-Owned Business Enterprises (“MBE”) participation and of the responsibility of the bidder pursuant to these two statutes. 15% for Women-Owned Business Enterprises (“WBE”) participation Certain findings of non-responsibility can result in rejection for (based on the current availability of qualified MBEs and WBEs). The contract award and in the event of two findings within a four-year pe- total contract goal can be obtained by utilizing any combination of riod, the bidder is debarred from obtaining governmental Procurement MBE and /or WBE participation for subcontracting and supplies Contracts. Bidders responding to this Advertisement must familiarize acquired under this Contract. themselves with the State Finance Law requirements and will be The Office of General Services reserves the right to reject any or all expected to affirm that they understand and agree to comply on the bid bids. form. Further information about these requirements can be found The Bidding and Contract Documents for this Project are available within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ on compact disc (CD) only, and may be obtained for an $8.00 deposit regulations/defaultAdvisoryCouncil.html per set, plus a $2.00 per set shipping and handling fee. Contractors The substantial completion date for this project is 337 days after the and other interested parties can order CD’s on-line through a secure Agreement is approved by the Comptroller. web interface available 24 hours a day, 7 days a week. Please use the following link at the OGS website for ordering and payment The only time prospective bidders will be allowed to visit the job instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp site to take field measurements and examine existing conditions of the project area will be at 10:00 a.m. on May 23, 2019 at E. Roosevelt For questions about purchase of bid documents, please send an State Office Building, 4 Burnet Blvd., Poughkeepsie, NY. Prospective e-mail to [email protected], or call (518) 474-0203. bidders are urged to visit the site at this time. Prospective bidders or For additional information on this project, please use the link below their representatives attending the pre-bid site visit will not be admit- and then click on the project number: https://online.ogs.ny.gov/dnc/ ted on facility grounds without proper photo identification. Note that contractorConsultant/esb/ESBPlansAvailableIndex.asp parking restrictions and security provisions will apply and all vehicles will be subject to search. By John D. Lewyckyj, Deputy Director Phone the office of Theresa Swehla, (845) 895-3170 a minimum of OGS - Design & Construction Group 48 hours in advance of the date to provide the names of those who will attend the pre-bid site visit. PROVIDE Pursuant to New York State Executive Law Article 15-A and the ACCESSIBILITY IMPROVEMENTS rules and regulations promulgated thereunder, OGS is required to (ENTRIES/RESTROOMS) promote opportunities for the maximum feasible participation of New E. Roosevelt State Office Building York State-certified Minority- and Women-owned Business Enter- Poughkeepsie, Dutchess County prises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts. All bidders are Sealed bids for Project Nos. 45482-C, 45482-H, 45482-P, 45482-E, expected to cooperate in implementing this policy. OGS hereby 45482-U, comprising separate contracts for Construction Work, establishes an overall goal of 30% for MWBE participation, 15% for Electrical Work, HVAC Work, Plumbing Work, and Elevator Work, to Minority-Owned Business Enterprises (“MBE”) participation and Provide Accessibility Improvements (Entries/Restrooms), Rehabilitate 15% for Women-Owned Business Enterprises (“WBE”) participation Elevator and Replace Generator, E. Roosevelt State Office Building, 4 (based on the current availability of qualified MBEs and WBEs) for Burnett Blvd., Poughkeepsie (Dutchess County), NY, will be received Construction Work and an overall goal of 10% for MWBE participa- by the Office of General Services (OGS), Design & Construction tion, 5% for Minority-Owned Business Enterprises (“MBE”) participa- Group (D&C), Division of Contract Management, 35th Fl., Corning tion and 5% for Women-Owned Business Enterprises (“WBE”) Tower, Empire State Plaza, Albany, NY 12242, on behalf of the NYS participation (based on the current availability of qualified MBEs and Office of General Services, until 2:00 p.m. on Wednesday, June 5, WBEs) for Electrical Work. The total contract goal can be obtained by 2019, when they will be publicly opened and read. Each bid must be utilizing any combination of MBE and /or WBE participation for prepared and submitted in accordance with the Instructions to Bidders subcontracting and supplies acquired under this Contract. and must be accompanied by a certified check, bank check, or bid The Office of General Services reserves the right to reject any or all bond in the amount of $38,000 for C, $3,100 for H, $6,600 for P, bids. $22,300 for E and $26,100 for U. The Bidding and Contract Documents for this Project are available All successful bidders will be required to furnish a Performance on compact disc (CD) only, and may be obtained for an $8.00 deposit Bond and a Labor and Material Bond in the statutory form of public per set, plus a $2.00 per set shipping and handling fee. Contractors bonds required by Sections 136 and 137 of the State Finance Law, and other interested parties can order CD’s on-line through a secure each for 100% of the amount of the Contract estimated to be between web interface available 24 hours a day, 7 days a week. Please use the $500,000 and $1,000,000 for C, between $25,000 and $50,000 for H, following link at the OGS website for ordering and payment between $50,000 and $100,000 for P, between $250,000 and $500,000 instructions: https://online.ogs.ny.gov/dnc/contractorConsultant/esb/ for E and between $500,000 and $1,000,000 for U. ESBPlansAvailableIndex.asp Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation For questions about purchase of bid documents, please send an includes and imposes certain restrictions on communications between e-mail to [email protected], or call (518) 474-0203.

71 Advertisements for Bidders/Contractors NYS Register/May 15, 2019

For additional information on this project, please use the link below ders are urged to visit the site at this time. Prospective bidders or their and then click on the project number: https://online.ogs.ny.gov/dnc/ representatives attending the pre-bid site visit will not be admitted on contractorConsultant/esb/ESBPlansAvailableIndex.asp facility grounds without proper photo identification. Note that parking restrictions and security provisions will apply and all vehicles will be subject to search. By John D. Lewyckyj, Deputy Director OGS - Design & Construction Group Phone the office of Lauren Clausen, (716) 885-0908 a minimum of 24 hours in advance of the date to provide the names of those who will attend the pre-bid site visit. REPLACE Pursuant to New York State Executive Law Article 15-A and the SWITCHGEAR rules and regulations promulgated thereunder, OGS is required to State Armory promote opportunities for the maximum feasible participation of New Buffalo, Erie County York State-certified Minority- and Women-owned Business Enter- prises (“MWBEs”) and the employment of minority group members Sealed bids for Project No. 45655-E, for Electrical Work, Replace and women in the performance of OGS contracts. All bidders are Switchgear, State Armory, 27 Masten Avenue, Buffalo (Erie County), expected to cooperate in implementing this policy. OGS hereby NY, will be received by the Office of General Services (OGS), Design establishes an overall goal of 10% for MWBE participation, 5% for & Construction Group (D&C), Division of Contract Management, Minority-Owned Business Enterprises (“MBE”) participation and 5% 35th Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on for Women-Owned Business Enterprises (“WBE”) participation behalf of the Division of Military and Naval Affairs, until 2:00 p.m. (based on the current availability of qualified MBEs and WBEs). The on Wednesday, May 22, 2019, when they will be publicly opened and total contract goal can be obtained by utilizing any combination of read. Each bid must be prepared and submitted in accordance with the MBE and /or WBE participation for subcontracting and supplies Instructions to Bidders and must be accompanied by a certified check, bank check, or bid bond in the amount of $23,200 for E. acquired under this Contract. All successful bidders will be required to furnish a Performance The Office of General Services reserves the right to reject any or all Bond and a Labor and Material Bond in the statutory form of public bids. bonds required by Sections 136 and 137 of the State Finance Law, The Bidding and Contract Documents for this Project are available each for 100% of the amount of the Contract estimated to be between on compact disc (CD) only, and may be obtained for an $8.00 deposit $250,000 and $500,000 for E. per set, plus a $2.00 per set shipping and handling fee. Contractors Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation and other interested parties can order CD’s on-line through a secure includes and imposes certain restrictions on communications between web interface available 24 hours a day, 7 days a week. Please use the OGS D&C and a bidder during the procurement process. A bidder is following link at the OGS website for ordering and payment restricted from making contacts from the earliest posting, on the OGS instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp website, in a newspaper of general circulation, or in the Contract For questions about purchase of bid documents, please send an Reporter of written notice, advertisement or solicitation of offers e-mail to [email protected], or call (518) 474-0203. through final award and approval of the contract by OGS D&C and For additional information on this project, please use the link below the Office of the State Comptroller (“Restricted Period”) to other than and then click on the project number: https://online.ogs.ny.gov/dnc/ designated staff unless it is a contact that is included among certain contractorConsultant/esb/ESBPlansAvailableIndex.asp statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in By John D. Lewyckyj, Deputy Director the Division of Contract Management, telephone (518) 474-0203, fax OGS - Design & Construction Group (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information PROVIDE when contacted during the restricted period and make a determination ENERGY EFFICIENT RETROFIT of the responsibility of the bidder pursuant to these two statutes. State Armory Certain findings of non-responsibility can result in rejection for Kingston, Ulster County contract award and in the event of two findings within a four-year pe- riod, the bidder is debarred from obtaining governmental Procurement Sealed bids for Project Nos. 45656-H, 45656-E, comprising sepa- Contracts. Bidders responding to this Advertisement must familiarize rate contracts for HVAC Work and Electrical Work, Provide Energy themselves with the State Finance Law requirements and will be Efficient Retrofit, State Armory, 25 Kiersted Avenue, Kingston (Ulster expected to affirm that they understand and agree to comply on the bid County), NY, will be received by the Office of General Services form. Further information about these requirements can be found (OGS), Design & Construction Group (D&C), Division of Contract within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ Management, 35th Fl., Corning Tower, Empire State Plaza, Albany, regulations/defaultAdvisoryCouncil.html NY 12242, on behalf of the Division of Military and Naval Affairs, As a condition of award, within 48 hours of receipt of the proposed until 2:00 p.m. on Wednesday, May 22, 2019, when they will be Contract Agreement from the State, the low bidder shall return the publicly opened and read. Each bid must be prepared and submitted in Contract Agreement to the State, properly executed, along with the accordance with the Instructions to Bidders and must be accompanied Bonds if required by said Agreement. Low bidders who cannot meet by a certified check, bank check, or bid bond in the amount of $19,500 these provisions may be subject to disqualification and forfeiture of for H and $24,200 for E. the bid security. All successful bidders will be required to furnish a Performance The State intends to expedite award of this Contract and the Bond and a Labor and Material Bond in the statutory form of public Contractor shall be prepared to proceed with the Work accordingly. bonds required by Sections 136 and 137 of the State Finance Law, Bidders are warned that time is of the essence of the Contract and each for 100% of the amount of the Contract estimated to be between substantial completion of the Work must be within 351 days after the $250,000 and $500,000 for H and between $500,000 and $1,000,000 Agreement is approved by the Comptroller. Due to the tightness of the for E. construction schedule, bidders should consider the necessity for an Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation increased work force and shift operations. includes and imposes certain restrictions on communications between The only time prospective bidders will be allowed to visit the job OGS D&C and a bidder during the procurement process. A bidder is site to take field measurements and examine existing conditions of the restricted from making contacts from the earliest posting, on the OGS project area will be at 10:00 a.m. on May 13, 2019 at Masten State Ar- website, in a newspaper of general circulation, or in the Contract mory, 27 Masten Avenue, Room 121, Buffalo, NY. Prospective bid- Reporter of written notice, advertisement or solicitation of offers

72 NYS Register/May 15, 2019 Advertisements for Bidders/Contractors through final award and approval of the contract by OGS D&C and For questions about purchase of bid documents, please send an the Office of the State Comptroller (“Restricted Period”) to other than e-mail to [email protected], or call (518) 474-0203. designated staff unless it is a contact that is included among certain For additional information on this project, please use the link below statutory exceptions set forth in State Finance Law § 139-j(3)(a). and then click on the project number: https://online.ogs.ny.gov/dnc/ Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in contractorConsultant/esb/ESBPlansAvailableIndex.asp the Division of Contract Management, telephone (518) 474-0203, fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group, telephone (518) 474-0201, fax (518) 486-1650. By John D. Lewyckyj, Deputy Director OGS D&C employees are also required to obtain certain information OGS - Design & Construction Group 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 four-year pe- riod, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselves with the 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://www.ogs.ny.gov/aboutOGS/ regulations/defaultAdvisoryCouncil.html As a condition of award, within 48 hours of receipt of the proposed Contract Agreement from the State, the low bidder shall return the Contract Agreement to the State, properly executed, along with the Bonds if required by said Agreement. Low bidders who cannot meet these provisions may be subject to disqualification and forfeiture of the bid security. The State intends to expedite award of this Contract and the Contractor shall be prepared to proceed with the Work accordingly. Bidders are warned that time is of the essence of the Contract and substantial completion of the Work must be within 912 days after the Agreement is approved by the Comptroller. Due to the tightness of the construction schedule, bidders should consider the necessity for an increased work force and shift operations. The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 11:00 a.m. on May 10, 2019 at State Armory, 25 Kiersted Avenue, Kingston, NY. Prospective bidders are urged to visit the site at this time. Prospective bidders or their representatives at- tending the pre-bid site visit will not be admitted on facility grounds without proper photo identification. Note that parking restrictions and security provisions will apply and all vehicles will be subject to search. Phone the office of Theresa Swehla, (845) 895-7130 a minimum of 24 hours in advance of the date to provide the names of those who will attend the pre-bid site visit. Pursuant to New York State Executive Law Article 15-A and the rules and regulations promulgated thereunder, OGS is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enter- prises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts. All bidders are expected to cooperate in implementing this policy. OGS hereby establishes an overall goal of 20% for MWBE participation, 10% for Minority-Owned Business Enterprises (“MBE”) participation and 10% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs) for HVAC Work and an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participa- tion (based on the current availability of qualified MBEs and WBEs) for Electrical Work. The total contract goal can be obtained by utiliz- ing any combination of MBE and /or WBE participation for subcon- tracting and supplies acquired under this Contract. The Office of General Services reserves the right to reject any or all bids. The Bidding and Contract Documents for this Project are available 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 web interface available 24 hours a day, 7 days a week. Please use the following link at the OGS website for ordering and payment instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp

73

NOTICE OF AVAILABILITY OF STATE AND FEDERAL FUNDS

Division of Homeland Security and Emergency Cyber Security Grant Program Services Fiscal Year 2018 Cyber Security Grant Program (CSGP) seeks ap- plications for up to $50,000 from federal State Homeland Security 1220 Washington Ave. Program funding made available by the NYS Division of Homeland State Office Bldg. Campus, Bldg. 7A Security and Emergency Services (DHSES). The purpose of this grant Albany, NY 12242 opportunity is to aid New York State’s local jurisdictions in enhancing their ability to protect, identify, respond to and recover from cyber UNITS OF LOCAL GOVERNMENT WITHIN TARGETED COUN- incidents through funding of eligible planning, equipment, training TIES and exercise costs. Critical Infrastructure Grant Program The five objectives of this grant are to: 1) To provide New York Fiscal Year 2018 Critical Infrastructure Grant Program seeks ap- State local jurisdictions with the resources and equipment necessary plications for up to $50,000 from federal State Homeland Security to prevent disruption of the confidentiality, integrity and availability Program funding made available by the NYS Division of Homeland of their information systems; 2) To assess cyber security risks, identify Security and Emergency Services (DHSES) for critical infrastructure vulnerabilities and determine capability gaps with the focus of allocat- protection. The FY 2018 Critical Infrastructure Grant Program (CIGP) ing resources to address the most critical needs; 3) To ensure that local advances a common understanding of risk management. Applicants jurisdictions are equipped with the knowledge and resources neces- select a government owned mass gathering site and complete a risk sary for providing cyber security awareness training to their staff in assessment. First responders assess their capability to prevent and support of good cyber hygiene at the user level; 4) To develop action- protect against attacks on the site. Grant funding is then applied to able cyber security plans that focus on response and immediate mitigate vulnerabilities identified in the risk assessment or enhance remediation to a cyber incident, and; 5) To encourage the participation first responder’s capabilities. in established cyber security support networks and utilization of the The priority focus for the FY 2018 CIGP is government owned mass vast amount of resources available to local governments. gathering sites. Examples of mass gathering sites include, government property, where events including, but not limited to, major community All New York State counties as well as units of local government to festivals, races, concerts or games are held. These events must be include cities, towns, and/or villages that are registered members of reoccurring (but not necessarily the same event) and located or held the Multi-State Information Sharing and Analysis Center (MS-ISAC) on government owned or leased property that have definable geo- are eligible to apply for the FY2018 CSGP. graphic boundaries; the event or location must pose special security Applications will be accepted until May 29, 2019 at 5:00 p.m. concerns, such a population surges and other factors that require ad- through the DHSES electronic grants management system (E-Grants). ditional law enforcement or emergency resources. For the Request for Applications (RFA) please visit the DHSES Only units of local government within targeted counties are eligible website at http://www.dhses.ny.gov/grants or DHSES’s Grant Hotline to apply for the FY 2018 CIGP. Units of local governments include: at (866) 837-9133. counties, cities, towns, and/or villages. Applicants must be located in New York City or one of the following targeted counties: Albany, Broome, Dutchess, Erie, Herkimer, Livingston, Madison, Monroe, Nassau, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Tioga, Wayne, Westchester, and Yates. The ap- Division of Homeland Security and Emergency plication must be coordinated with at least two (2) agencies with Services prevention and/or protection responsibilities at the selected site. These 1220 Washington Ave. must be law enforcement, fire department, emergency management, or public works agencies. State Office Bldg. Campus, Bldg. 7A Applications will be accepted until May 29, 2019 at 5:00 p.m. Albany, NY 12242 through the DHSES electronic grants management system (E-Grants). LOCALCOUNTYANDTRIBALLAWENFORCEMENTAGEN- For the Request for Applications (RFA) please visit the DHSES CIES website at http://www.dhses.ny.gov/grants/targeted.cfm or contact the Explosive Detection Canine Team Grant Program DHSES Grants Hotline at (866) 837-9133. Fiscal Year 2018 Explosive Detection Canine Team Grant Program seeks applications for up to $50,000 from federal State Homeland Se- curity Program funding made available by the NYS Division of Homeland Security and Emergency Services (DHSES) for programs Division of Homeland Security and Emergency to develop and support explosive detection canine team capabilities. The six primary objectives of this grant are: 1.) The advancement of Services explosive detection canine team capabilities; 2.) The certification of 1220 Washington Ave. explosive detection canine teams and compliance with annual re- State Office Bldg. Campus, Bldg. 7A certification requirements; 3.) Participation in DHS’s Office for Bomb- Albany, NY 12242 ing Prevention’s (DHS-OBP) Explosive Detection Canine Capability Analysis Program; 4.) Alignment to New York State’s thirteen FBI ALL NEW YORK STATE COUNTIES AS WELLAS UNITS OF LO- Accredited bomb squads; 5.) Use of the Bomb Arson Tracking System CAL GOVERNMENT (BATS); and, 6.) Promotion of regional partnerships in the develop-

75 Availability of Funds NYS Register/May 15, 2019 ment of mutual explosive detection canine team capabilities. Grants Grants will be awarded to counties on behalf of local emergency re- will be awarded to support local, county and Tribal law enforcement sponse teams that provide Technical Rescue & USAR services agencies with an active road patrol component of their law enforce- countywide or regionally. The three primary objectives of this grant ment operations and who currently and/or previously managed a DCJS are to: 1) Advance Technical Rescue & USAR capabilities statewide; or NYSP certified explosive detection canine team within the last five 2) Develop Regional Response Partnerships to enhance multi-county (5) years. response capabilities; 3) Encourage the development and maintenance Applications will be accepted until May 29, 2019 at 5:00 p.m. of county-level Technical Rescue/USAR plans; and 4) Assess and through the DHSES electronic grants management system (E-Grants). standardize Technical Rescue and USAR Resources through participa- For the Request for Applications (RFA) please visit the DHSES tion in the DHSES Office of Fire Prevention and Control’s Technical website at http://www.dhses.ny.gov/grants/targeted.cfm or contact Rescue/USAR Accreditation program. DHSES’s Grants Hotline at (866) 837-9133. Applications will be accepted until May 29, 2019 at 5:00 p.m. through the DHSES electronic grants management system (E-Grants). For the Request for Applications (RFA) please visit the DHSES website at http://www.dhses.ny.gov/grants/targeted.cfm or contact Division of Homeland Security and Emergency DHSES’s Grants Hotline at (866) 837-9133. Services 1220 Washington Ave. State Office Bldg. Campus, Bldg. 7A Albany, NY 12242 LOCALCOUNTYANDTRIBALLAWENFORCEMENTAGEN- CIES Tactical Team Grant Program Fiscal Year 2018 Tactical Team Grant Program seeks applications for up to $100,000 from federal State Homeland Security Program funding made available by the NYS Division of Homeland Security and Emergency Services (DHSES). The primary focus of this year’s grant opportunity is to improve a tactical team’s response capabilities through the attainment and sustainment of the SWAT Team Standards that were developed and approved by the New York State Division of Criminal Justice Services (DCJS) through the Municipal Police Train- ing Council (MPTC). Grants will be awarded to local, county, and tribal law enforcement agencies with an active tactical team as part of their law enforcement operations that responds to calls for service outside of a correctional setting AND have been certified by DCJS or have a pending applica- tion for certification with DCJS. The four primary objectives of this grant are to: 1) Advance tactical team capabilities through the attain- ment and sustainment of the minimum standards within this com- munity; 2) Encourage and support training among law enforcement specialty teams to include bomb squads and explosive detection canine teams; 3) Promote regional partnerships in the development and build- out of mutual tactical team capabilities, and 4) Participate in DHS’s Office for Bombing Prevention’s (DHS-OBP) SWAT Capability Anal- ysis Program. Applications will be accepted until May 29, 2019 at 5:00 p.m. through the DHSES electronic grants management system (E-Grants). For the Request for Applications (RFA) please visit the DHSES website at http://www.dhses.ny.gov/grants/targeted.cfm or contact DHSES’s Grant Hotline at (866) 837-9133.

Division of Homeland Security and Emergency Services 1220 Washington Ave. State Office Bldg. Campus, Bldg. 7A Albany, NY 12242 LOCAL EMERGENCY RESPONSE TEAMS Technical Rescue and USAR Team Grant Program Fiscal Year 2018 Technical Rescue & USAR Team Grant Program seeks applications for up to $225,000 from federal State Homeland Security Program funding made available by the NYS Division of Homeland Security and Emergency Services (DHSES). The focus of this grant opportunity is to develop and support Technical Rescue & USAR team capabilities.

76 MISCELLANEOUS NOTICES/HEARINGS Notice of Abandoned Property NOTICE OF Received by the State Comptroller PUBLIC HEARING Pursuant to provisions of the Abandoned Property Law and related Department of State laws, the Office of the State Comptroller receives unclaimed monies Division of Community Services and other property deemed abandoned. A list of the names and last SUBJECT: Proposed State Application and Plan for FFY 2020 and known addresses of the entitled owners of this abandoned property is FFY 2021 for the Community Services Block Grant (CSBG) Program. maintained by the office in accordance with Section 1401 of the PURPOSE: To obtain input regarding the Department of State’s Abandoned Property Law. Interested parties may inquire if they ap- proposed CSBG Application and Plan for Federal Fiscal Years 2020 pear on the Abandoned Property Listing by contacting the Office of and 2021 (Plan). Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 Federal CSBG funds are awarded to grantees in all counties of New p.m., at: York State. Community action agencies, community-based organiza- tions, and Indian tribes or tribal organizations receive CSBG funds to 1-800-221-9311 provide advocacy, outreach, services and programs for economically or visit our web site at: disadvantaged persons in their local communities. The hearing will www.osc.state.ny.us focus on the New York State Department of State’s Plan for federal Claims for abandoned property must be filed with the New York fiscal years 2020 and 2021. The Plan delineates the manner in which State Comptroller’s Office of Unclaimed Funds as provided in Section funds will be expended and how the State will meet the federal CSBG 1406 of the Abandoned Property Law. For further information contact: program requirements during the applicable time period covered by the Plan. Pursuant to 42 U.S.C. § 9908, the Department of State Divi- Office of the State Comptroller, Office of Unclaimed Funds, 110 State sion of Community Services will be holding this public hearing at the St., Albany, NY 12236. time and place as follows: June 13, 2019 from 10:00 a.m. until 1:00 p.m. NOTICE OF One Commerce Plaza PUBLIC HEARING 99 Washington Ave. Department of Environmental Conservation Rm. 505 Development Authority of the North Country (DANC) Albany, NY 12231 With videoconference to: PROJECT TITLE: The Development Authority of the North Country’s Application for Co-location of Broadband. 123 William St. Conference Rm. 231 PROJECT LOCATION:Adirondack Loj Road, Town of North Elba, Essex County New York City, NY 10038 PROJECT DESCRIPTION: The Development Authority of the and North County (DANC) has applied to co-locate broadband public util- 65 Court St. ity service on the existing utility line owned by Lake Placid Municipal Rm. 208 Electric (LPME) that runs along and parallel to the Adirondack Loj Buffalo, NY 14202 Road. There is about 7,400 feet of line within the High Peaks The Plan may be obtained from the Department of State website at: Wilderness. The DANC will receive a permit for this project as http://www.dos.ny.gov/dcs/documents.htm or by writing to Depart- provided for in the Constitutional Amendment adding Section 6 to ment of State, Division of Community Services, One Commerce Article XIV and authorized under Environmental Conservation Law Plaza, 99 Washington Ave., Suite 1020, Albany, NY 12231-0001. Article 9-2103. There will be no trees cut for this installation. Previ- Persons wishing to present testimony at the public hearing on the ously on March 19, 2019 a Temporary Revocable Permit (TRP) was proposed Plan are requested to complete the Public Hearing Reply issued to LPME for routine maintenance of this utility line. This TRP Form (available at http://www.dos.ny.gov/dcs/documents.htm) and provided for tree cutting, tree pruning and brushing. mail to the above address or provide it by e-mail to DATE: The DANC will hold a public hearing to receive comments [email protected] on or before June 20, 2019. Written com- on this project on May 29, 2019 at 4:00 PM at the DEC Regional Of- ments on the proposed Plan may be submitted until the close of busi- fice,1115 State Route 86, Ray Brook, NY 12977. ness on June 21, 2019. FOR FURTHER INFORMATION CONTACT: Peter Innes, Depart- Oral testimony will be limited to 10 minutes. In preparing the order ment of Environmental Conservation, Division of Lands and Forests, of witnesses, DOS will attempt to accommodate individual requests to 625 Broadway, Albany, NY 12233-4250, (518) 402-9405, e-mail: speak at particular times in view of special circumstances. These [email protected] requests should be made on the Public Hearing Reply Form or com- Written comments are welcome and will accepted by mail or e-mail municated to DOS staff as early as possible. In the absence of a by the contact person until June 14, 2019. Electronic copies of the ap- request, witnesses will be scheduled in the order in which reply forms plication letter and location maps are available from the contact are postmarked. Five copies of any prepared testimony should be person, or may viewed at DEC’s headquarters, 5th Floor, 625 Broad- submitted at the hearing registration desk. DOS would appreciate way, Albany, NY 12233. advance receipt of prepared statements.

77 Miscellaneous Notices/Hearings NYS Register/May 15, 2019

PUBLIC NOTICE The costs associated with these specialized inpatient units are Department of Health expected to be fully offset by reduction in lengths of inpatient stays of the adolescent and child populations, therefore it is anticipated there Pursuant to 42 CFR Section 447.205, the Department of Health will be no net increase to aggregate Medicaid spending. hereby gives public notice of the following: The estimated aggregate increase in gross Medicaid expenditures The Department of Health proposes to amend the Title XIX attributable to this initiative contained in the budget for state fiscal (Medicaid) State Plan for non-institutional services to comply with year 2019/2020 is $2,928,720. The annualized aggregate increase at- Social Services Law 365-a. The following changes are proposed: tributable to this initiative is $5,857,436. Non-Institutional Services The public is invited to review and comment on this proposed State Effective on or after October 1, 2019, Medical assistance shall Plan Amendment, a copy of which will be available for public review include the coverage of Applied Behavior Analysis, as defined in sec- on the Department’s website at http://www.health.ny.gov/regulations/ tion eighty-eight hundred one of the education law, where such ser- state_plans/status. In addition, approved SPA’s beginning in 2011, are vice is provided by a licensed behavior analyst or certified behavior also available for viewing on this website. analyst assistant, licensed or certified under article one hundred sixty- Copies of the proposed State Plan Amendments will be on file in seven of the education law, for the treatment of autism spectrum each local (county) social services district and available for public disorders and related disorders. review. The estimated annual net aggregate increase in gross Medicaid For the New York City district, copies will be available at the fol- expenditures attributable to this initiative contained in the budget for lowing places: state fiscal year 2019/2020 is $6.4 million. The public is invited to review and comment on this proposed State New York County Plan Amendment, a copy of which will be available for public review 250 Church Street on the Department’s website at http://www.health.ny.gov/regulations/ state_plans/status. Individuals without Internet access may view the New York, New York 10018 State Plan Amendments at any local (county) social services district. For the New York City district, copies will be available at the fol- Queens County, Queens Center lowing places: 3220 Northern Boulevard Long Island City, New York 11101 New York County 250 Church Street Kings County, Fulton Center New York, New York 10018 114 Willoughby Street Brooklyn, New York 11201 Queens County, Queens Center 3220 Northern Boulevard Bronx County, Tremont Center Long Island City, New York 11101 1916 Monterey Avenue Bronx, New York 10457 Kings County, Fulton Center 114 Willoughby Street Richmond County, Richmond Center Brooklyn, New York 11201 95 Central Avenue, St. George Staten Island, New York 10301 Bronx County, Tremont Center 1916 Monterey Avenue For further information and to review and comment, please contact: Bronx, New York 10457 Department of Health, Division of Finance and Rate Setting, 99 Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY Richmond County, Richmond Center 12210, [email protected] 95 Central Avenue, St. George Staten Island, New York 10301 PUBLIC NOTICE New York City Deferred Compensation Plan & NYCE IRA For further information and to review and comment, please contact: The New York City Deferred Compensation Plan & NYCE IRA Department of Health, Division of Finance and Rate Setting, 99 (the “Plan”) is seeking proposals from insurance consultants or Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY brokers to provide a range of consulting services in the area of cyber 12210, [email protected] insurance. The Request for Proposals (“RFP”) will be available begin- ning on Thursday, April 18, 2019. Responses are due no later than PUBLIC NOTICE 4:30 p.m. Eastern Time on Thursday, May 23, 2019. To obtain a copy Department of Health of the RFP, please visit www1.nyc.gov/site/olr/about/about-rfp.page and download the RFP along with the applicable documents. Pursuant to 42 CFR Section 447.205, the Department of Health If you have any questions, please submit them by fax to Georgette hereby gives public notice of the following: Gestely, Director, at (212) 306-7376. The Department of Health proposes to amend the Title XIX Consistent with the policies expressed by the City, proposals from (Medicaid) State Plan for institutional services to comply with a joint New York City certified minority-owned and/or women-owned busi- policy objective of the Office for Persons with Developmental Dis- nesses or proposals that include partnering arrangements with New abilities, the Office of Mental Health and the Department of Health. York City certified minority-owned and/or women-owned firms are The following changes are proposed: encouraged. Additionally, proposals from small and New York City- Institutional Services based businesses are also encouraged. Effective on or after October 1, 2019, the Department of Health, in conjunction with the Office of Mental Health, will certify specialized inpatient psychiatric units that focus on the treatment of adolescents PUBLIC NOTICE and children with a diagnosis of both developmental disability and New York City Deferred Compensation Plan serious emotional disturbance. Special admission criteria and rates The New York City Deferred Compensation Plan (the “Plan”) is will be created. seeking qualified vendors to provide U.S. Treasury Inflation Protected

78 NYS Register/May 15, 2019 Miscellaneous Notices/Hearings

Securities (“TIPS”) investment management services, with the objec- In F-2019-0380, EVW, LLC is proposing to construct a 4' x 170' tive to exceed the Barclay’s U.S. TIPS Index, for the TIPS component wide fixed catwalk with stair access, ramp, and float. A 4 foot mowed of certain of the Pre-Arranged Portfolio investment options of the path to stairs to access fixed catwalk from the landward edge of buffer Plan. To be considered, vendors must submit their product informa- to landward wetland boundary is also proposed. The project is located tion to Milliman Investment Consulting at the following e-mail at Admiral’s Court Lot #5, East Moriches, NY 11940 in Suffolk address: [email protected]. Please complete the County on Harts Cove. submission of product information no later than 4:30 P.M. Eastern The applicant’s consistency certification and supporting informa- Time on May 23, 2019. tion are available for review at: http://www.dos.ny.gov/opd/programs/ Consistent with the policies expressed by the City of New York, pdfs/Consistency/F-2019-0380EVWLLClot5.pdf proposals from certified minority-owned and/or women-owned busi- Any interested parties and/or agencies desiring to express their nesses or proposals that include partnering arrangements with certi- views concerning any of the above proposed activities may do so by fied minority-owned and/or women-owned firms are encouraged. Ad- filing their comments, in writing, no later than 4:30 p.m., 30 days from ditionally, proposals from small and New York City-based businesses the date of publication of this notice or June 14, 2019. are also encouraged. Comments should be addressed to the Department of State, Office of Planning and Development and Community Infrastructure, Consis- PUBLIC NOTICE tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Department of State Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can F-2019-0184 be made by email at: [email protected] Date of Issuance – May 15, 2019 This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930. The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of PUBLIC NOTICE the Federal Coastal Zone Management Act of 1972, as amended. Department of State The applicant has certified that the proposed activity complies with F-2019-0381 and will be conducted in a manner consistent with the approved New Date of Issuance – May 15, 2019 York State Coastal Management Program. The New York State Department of State (DOS) is required by In F-2019-0184 or the “Caruso Dock Reconstruction”, the ap- Federal regulations to provide timely public notice for the activities plicant, Michael Mainland, is proposing reconstruction 20' x 30' storm described below, which are subject to the consistency provisions of damaged- pile supported over water fixed platform within footprint of the Federal Coastal Zone Management Act (CZMA) of 1972, as original platform, replace original 8' x 32' floating head dock and 3' x amended. 20' gangway, and installation of a 8-pile (40,000 lb.), a new 4-pile lift, The applicant has certified that the proposed activities comply with and a 2-pile personal watercraft lift. This project is located at 571 East and will be conducted in a manner consistent with the federally ap- Bay Drive, Long Beach on Reynolds Channel. proved New York State Coastal Management Program (NYSCMP). The applicant’s consistency certification and supporting informa- The applicant’s consistency certification and accompanying public in- tion are available for review at: http://www.dos.ny.gov/opd/programs/ formation and data are available for inspection at the New York State pdfs/Consistency/F-2019-0184_Caruso_Dock_Rec_App.pdf Department of State offices located at One Commerce Plaza, 99 Original copies of public information and data submitted by the ap- Washington Avenue, in Albany, New York. plicant are available for inspection at the New York State Department In F-2019-0381, EVW,LLC proposed to construct a recreational of State offices located at One Commerce Plaza, 99 Washington Ave- dock. Dock structures shall include a 4' x 210' fixed catwalk, 4' x 6.5' nue, in Albany, New York. stair access, aluminum ramp (4' x 20'), and float dock (6' x 20') Any interested parties and/or agencies desiring to express their constructed to a ‘‘T’’. Project also proposes a mowed path through views concerning any of the above proposed activities may do so by naturally vegetated uffer for access to catwalk (approximately 125' x filing their comments, in writing, no later than 4:30 p.m., 30 days from 4'). The project is located at Admiral’s Court Lot #6, East Moriches, the date of publication of this notice, or, June 14, 2019. NY 11940 in Suffolk County on Harts Cove. Comments should be addressed to the Consistency Review Unit, The applicant’s consistency certification and supporting informa- Department of State, Office of Planning, Development & Community tion are available for review at: http://www.dos.ny.gov/opd/programs/ Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, pdfs/Consistency/F-2019-0380EVWLLClot6.pdf NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submis- Any interested parties and/or agencies desiring to express their sions can be made by email at: [email protected] views concerning any of the above proposed activities may do so by This notice is promulgated in accordance with Title 15, Code of filing their comments, in writing, no later than 4:30 p.m., 30 days from Federal Regulations, Part 930. the date of publication of this notice or June 14, 2019. Comments should be addressed to the Department of State, Office of Planning and Development and Community Infrastructure, Consis- PUBLIC NOTICE tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Department of State Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can F-2019-0380 be made by email at: [email protected] Date of Issuance – May 15, 2019 This notice is promulgated in accordance with Title 15, Code of The New York State Department of State (DOS) is required by Federal Regulations, Part 930. Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of PUBLIC NOTICE the Federal Coastal Zone Management Act (CZMA) of 1972, as amended. Department of State The applicant has certified that the proposed activities comply with F-2019-0382 and will be conducted in a manner consistent with the federally ap- Date of Issuance – May 15, 2019 proved New York State Coastal Management Program (NYSCMP). The New York State Department of State (DOS) is required by The applicant’s consistency certification and accompanying public in- Federal regulations to provide timely public notice for the activities formation and data are available for inspection at the New York State described below, which are subject to the consistency provisions of Department of State offices located at One Commerce Plaza, 99 the Federal Coastal Zone Management Act (CZMA) of 1972, as Washington Avenue, in Albany, New York. amended.

79 Miscellaneous Notices/Hearings NYS Register/May 15, 2019

The applicant has certified that the proposed activities comply with under a girder/soffit. Involved is an existing single family dwelling lo- and will be conducted in a manner consistent with the federally ap- cated at 221 William Floyd Parkway; Town of Brookhaven, NY 11967 proved New York State Coastal Management Program (NYSCMP). County of Suffolk, State of New York. The applicant’s consistency certification and accompanying public in- 2019-0245 Matter of Brookhaven Expeditors, Andrew Malguarnera, formation and data are available for inspection at the New York State 713 Main Street, Port Jefferson, NY 11777, for a variance concerning Department of State offices located at One Commerce Plaza, 99 safety requirements, including the required ceiling height and height Washington Avenue, in Albany, New York. under a girder/soffit. Involved is an existing single family dwelling lo- In F-2019-0382, EVW,LLC proposes to construct a recreational cated at 50 Lake Grove Blvd; Town of Brookhaven, NY 11720 County dock. Structures shall include a 140’ x 4’ fixed open-grate catwalk, 4' of Suffolk, State of New York. x 6.5'stair access, aluminum ramp (4' x 20'), and float dock (6' x 20') constructed to a ‘‘T’’. Project also proposes a mowed path through naturally vegetated buffer for access to catwalk (approximately 150' x PUBLIC NOTICE 4'). The project is located at Admiral’s Court Lot #7, East Moriches, Department of State NY 11940 in Suffolk County on Harts Cove. Uniform Code Variance / Appeal Petitions The applicant’s consistency certification and supporting informa- tion are available for review at: http://www.dos.ny.gov/opd/programs/ Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions pdfs/Consistency/F-2019-0380EVWLLClot7.pdf below have been received by the Department of State. Unless other- wise indicated, they involve requests for relief from provisions of the Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by New York State Uniform Fire Prevention and Building Code. Persons filing their comments, in writing, no later than 4:30 p.m., 30 days from wishing to review any petitions, provide comments, or receive actual the date of publication of this notice or June 14, 2019. notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Comments should be addressed to the Department of State, Office of Planning and Development and Community Infrastructure, Consis- Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington 4073 to make appropriate arrangements. Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can 2019-0249 In the matter of Schopfer Architects, LLP. David be made by email at: [email protected] Schlosser, 1111 James Street, Syracuse, NY 13203 concerning safety This notice is promulgated in accordance with Title 15, Code of requirements including a variance including to allow openings that Federal Regulations, Part 930. exceed maximum allowable area in an exterior wall. Involved is a conversion of a portion of an existing building from PUBLIC NOTICE business and mercantile to residential occupancy, eight stories in Department of State height, known as Deys Plaza, located at 401 South Salina Street, City of Syracuse, County of Onondaga, New York. Uniform Code Variance / Appeal Petitions Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. Unless other- PUBLIC NOTICE wise indicated, they involve requests for relief from provisions of the Department of State New York State Uniform Fire Prevention and Building Code. Persons Uniform Code Variance / Appeal Petitions wishing to review any petitions, provide comments, or receive actual Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions notices of any subsequent proceeding may contact Brian Tollisen or below have been received by the Department of State. Unless other- Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- wise indicated, they involve requests for relief from provisions of the 4073 to make appropriate arrangements. New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual 2019-0239 Matter of Brookhaven Expeditors, Andrew Malguarnera, notices of any subsequent proceeding may contact Brian Tollisen or 713 Main Street, Port Jefferson, NY 11777, for a variance concerning safety requirements, including the height under a girder/soffit. Neil Collier, Building Standards and Codes, Department of State, One Involved is an existing single family dwelling located at 168 Smith Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Avenue; Town of Brookhaven, NY 11741 County of Suffolk, State of 4073 to make appropriate arrangements. New York. 2019-0251 Matter of Manuela Izquierdo, 22 Champlain Street, Port 2019-0240 Matter of Brookhaven Expeditors, Andrew Malguarnera, Jefferson Station, NY 11776, for a variance concerning safety require- 713 Main Street, Port Jefferson, NY 11777, for a variance concerning ments, including the required height under a girder/soffit. Involved is safety requirements, including the required ceiling height and height an existing single family dwelling located at 22 Champlain Street; under a girder/soffit. Involved is an existing single family dwelling lo- Town of Brookhaven, NY 11776 County of Suffolk, State of New cated at 21 Curtis Street; Town of Brookhaven, NY 11720 County of York. Suffolk, State of New York. 2019-0254 Matter of Richard Trpicovsky, 173 N. Main Street #152, 2019-0242 Matter of Brookhaven Expeditors, Andrew Malguarnera, Sayville, NY 11782, for a variance concerning safety requirements, 713 Main Street, Port Jefferson, NY 11777, for a variance concerning including the required ceiling height in habitable space. Involved is an safety requirements, including the required ceiling height and height existing single family dwelling located at 20 All Points Road; Town of under a girder/soffit. Involved is an existing single family dwelling lo- Brookhaven, NY 11741 County of Suffolk, State of New York. cated at 122 Ronkonkoma Blvd; Town of Brookhaven, NY 11720 County of Suffolk, State of New York. 2019-0255 Matter of John Moreno, 837 Sayville Avenue, Bohemia, NY 11716, for a variance concerning safety requirements, including 2019-0243 Matter of Brookhaven Expeditors, Andrew Malguarnera, 713 Main Street, Port Jefferson, NY 11777, for a variance concerning the required height under a girder/soffit. Involved is an existing single safety requirements, including the required ceiling height and height family dwelling located at 837 Sayville Avenue; Town of Islip, NY under a girder/soffit. Involved is an existing single family dwelling lo- 11716 County of Suffolk, State of New York. cated at Five Harrison Avenue; Town of Brookhaven, NY 11720 2019-0259 Matter of Lynda M. Waring, Six Douglas Street, Carle County of Suffolk, State of New York. Place, NY 11514, for a variance concerning safety requirements, 2019-0244 Matter of Brookhaven Expeditors, Andrew Malguarnera, including the required height under a girder/soffit. Involved is an exist- 713 Main Street, Port Jefferson, NY 11777, for a variance concerning ing single family dwelling located at Six Douglas Street; Town of safety requirements, including the required ceiling height and height North Hempstead, NY 11514 County of Nassau, State of New York.

80 NYS Register/May 15, 2019 Miscellaneous Notices/Hearings

PUBLIC NOTICE Department of State Highway Use 4% 9% Uniform Code Variance / Appeal Petitions Medical Marihuana 4% 9% Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions New York City Taxicab and Hail 4% 9% below have been received by the Department of State. Unless other- Vehicle Trip Tax wise indicated, they involve requests for relief from provisions of the Metropolitan Commuter 4% 7.5% New York State Uniform Fire Prevention and Building Code. Persons Transportation Mobility Tax wishing to review any petitions, provide comments, or receive actual Mortgage Recording 4% 9% notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Motor Fuel 4% 9% Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Petroleum Business 4% 9% 4073 to make appropriate arrangements. Real Estate Transfer 4% 9% 2019-0257 In the matter of Patricia Sue Mundell, Executor for the Tobacco Products NA 9% Estate of Helen Mundell, 59 Sapsucker Woods Road, Ithaca, NY Transportation Network 4% 9% 14850 concerning safety requirements including a variance for reduc- Company Assessment tion in required height of existing interior handrails and guardrails. Waste Tire Fee 4% 9% Involved is the certificate of compliance inspection of an existing residential occupancy, two stories in height, located at 315-17 North Wireless Communications Sur- 4% 14.5% Albany Street, City of Ithaca, County of Tompkins, New York. charge * The Tax Law requires the interest rate on sales tax assessments or PUBLIC NOTICE late payments to be set at 14-1/2% for this quarter. However, if the Department of Taxation and Finance Commissioner determines that the failure to pay or the delay in pay- Interest Rates ment is due to reasonable cause and not willful neglect, the Commis- The Commissioner of Taxation and Finance hereby sets the interest sioner may impose interest at the corporation tax late payment and as- rates for the months of July, August, September 2019 pursuant to sec- sessment rate. That rate is 9% for this quarter. tions 697(j) and 1096(e) of the Tax Law, as follows: ** There are a number of state and local governmental bodies that For purposes of section 697(j) the overpayment rate of interest is have interest rates tied to the overpayment and underpayment rates set at 4 percent per annum, and the underpayment rate of interest is set contained in either section 697(j) (Income Tax) or section 1096(e) at 7.5 percent per annum. For purposes of section 1096(e), the over- (Corporation Tax) of the Tax Law. For purposes of section 697(j) and payment rate of interest is set at 4 percent per annum, and the section 1096(e) of the Tax Law, the overpayment rate for this period is underpayment rate of interest is set at 9 percent per annum. (The 4%. For purposes of section 697(j) of the Tax Law, the underpayment underpayment rates set pursuant to sections 697(j) and 1096(e) may rate for this period is 7.5%. For purposes of section 1096(e) of the Tax not be less than 7.5 percent per annum.) Pursuant to section 1145(a)(1) Law, the underpayment rate for this period is 9%. of the Tax Law, the underpayment rate for State and local sales and *** Under section 527(f) of the Tax Law, the interest rates relating use taxes administered by the Commissioner of Taxation and Finance to the Fuel Use tax are set pursuant to the International Fuel Tax Agree- is 14.5 percent per annum. The underpayment rate for the special as- ment (IFTA). For more information regarding IFTA interest rates, see sessments on hazardous waste imposed by section 27-0923 of the www.iftach.org. Environmental Conservation Law is 15 percent. For further information contact: Kathleen Chase, Office of Counsel, For the interest rates applicable to overpayments (refunds) and Department of Taxation and Finance, W. A. Harriman Campus, underpayments (late payments and assessments) of the following taxes Albany, NY 12227, (518) 530-4153 administered by the Commissioner of Taxation and Finance for the For rates for previous periods, visit the Department of Taxation and period July 1, 2019 through September 30, 2019, see the table below: Finance website: www.tax.ny.gov/taxnews/int_curr.htm 7/1/19 - 9/30/19 Interest Rate Per Annum Compounded Daily

Commonly viewed tax types Refunds Late Payments & Assessments Income ** 4% 7.5% Sales and use 4% 14.5% * Withholding 4% 9% Corporation ** 4% 9% All other tax types Refunds Late Payments & Assessments Alcoholic Beverage 4% 9% Authorized Combative Sports 4% 9% Beverage Container Deposits 4% 9% Cigarette NA 9% Congestion Surcharge 4% 9% Diesel Motor Fuel 4% 9% Estate 4% 7.5% Fuel Use Tax *** *** Generation-Skipping Transfer 4% 7.5% Hazardous Waste 4% 15%

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