May 23, 2018 DEPARTMENT OF STATE Vol. XL Division of Administrative Rules Issue 21 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Sanitary Condition of Shellfish Lands D Excelsior Scholarship D Enhanced Tuition Awards Program Court Notices

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 30 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 22, 2018 – the 30-day period expires on June 22, 2018 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

For press and media inquiries call: (518) 474-0050

For State Register production, scheduling and subscription information call: (518) 474-6957 E-mail: [email protected]

For legal assistance with State Register filing requirements call: (518) 474-6740 E-mail: [email protected]

The New York State Register is now available on-line at: www.dos.ny.gov/info/register.htm

The New York State Register (ISSN 0197 2472) is published weekly. Subscriptions are $80 per year for first class mailing and $40 per year for periodical mailing. The New York State Register is published by the New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001. Periodical postage is paid at Albany, New York and at additional mailing offices.

POSTMASTER: Send address changes to NY STATE REGISTER, the Department of State, Division of Administrative Rules, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001 printed on recycled paper NEW YORK STATE REGISTER Be a part of the rule making process!

The public is encouraged to comment on any of the proposed rules appearing in this issue. Comments must be made in writing and must be submitted to the agency that is proposing the rule. Address your com- ments to the agency representative whose name and address are printed in the notice of rule making. No special form is required; a handwritten letter will do. Individuals who access the online Register (www.dos.ny.gov) may send public comment via electronic mail to those recipients who provide an e-mail ad- dress in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings.

To be considered, comments should reach the agency before expiration of the public comment period. The law provides for a minimum 60-day public comment period after publication in the Register of every No- tice of Proposed Rule Making, and a 30-day public comment period for every Notice of Revised Rule Making. If a public hearing is required by statute, public comments are accepted for at least five days after the last such hearing. Agencies are also required to specify in each notice the last date on which they will accept public comment.

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

The Administrative Regulations Review Commission (ARRC) reviews newly proposed regulations to examine issues of compliance with legislative intent, impact on the economy, and impact on affected parties. In addition to sending comments or recommendations to the agency, please do not hesitate to transmit your views to ARRC:

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

NYS Department of State One Commerce Plaza 99 Washington Avenue Suite 650 Albany, NY 12231-0001 Telephone: (518) 474-6957

New York State Register May 23, 2018/Volume XL, Issue 21

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 Agriculture and Markets, Department of 1 / Incorporate by Reference in 1 NYCRR the 2018 Edition of National Institute of Standards and Technology (‘‘NIST’’) Handbook 133 (P) Alcoholism and Substance Abuse Services, Office of 2 / Credentialing of Addictions Professionals (P) 3 / Appeals, Hearings and Rulings (P) Audit and Control, Department of 5 / Adjustments to Merchandise/invoice Receipt Dates (P) Civil Service, Department of 6 / Notice of expiration 6 / Jurisdictional Classification (P) Education Department 14 / Reports of Incidents of Harassment, Bullying And/or Discrimination Pursuant to the Dignity for All Students Act (DASA) (EP) 18 / Continuous Accreditation Requirement for Educator Preparation Providers (A) 18 / Safety Nets for Teacher Certification Examinations (A) 19 / Mental Health Education (A) 19 / Graduate Admission Examination Requirements (A) 19 / Endorsement Requirements for Licensure as a Dentist (A) 20 / Allow Individuals Completing a Program Accredited by the American Speech, Language, and Hear- ing Association (ASHA) to Obtain an Initial Teaching Certificate (P) 21 / Voluntary Institutional Accreditation for Title IV Purposes (P) Elections, State Board of 24 / Implementation of the Democracy Protection Act (P) Environmental Conservation, Department of 25 / Erratum 28 / Sanitary Condition of Shellfish Lands (E) 32 / Sanitary Condition of Shellfish Lands (P) 35 / Northern Catskill Riparian Areas (P) Higher Education Services Corporation 37 / Enhanced Tuition Awards Program (E) 39 / Excelsior Scholarship (E) 42 / New York State Science, Technology, Engineering and Mathematics Incentive Program (E) Justice Center for the Protection of People with Special Needs 44 / Protocols for Interviewing Service Recipients (P) People with Developmental Disabilities, Office for 45 / Certificate of Incorporation (P) Public Service Commission 46 / Property Tax Expenses and Refunds of Over-Collections for Such Expenses (P) 46 / Con Edison’s Petition for the Smart Solutions for Natural Gas DR Pilot Implementation Plan and As- sociated Budget (P) 47 / Establish New SC No. 7—High Density Loads Individual Negotiated Contract (P) 47 / Intent to Submeter Electricity at 98 Front Street, Brooklyn, New York (P) 47 / Electric Ratemaking Policy for Direct Current Fast Charging (DCFC) Facilities Used to Recharge Electric Vehicles (P) 48 / Waiver of PSC Regulations, 16 NYCRR Sections 86.3(a)(1), (2), (b)(1), (2), 86.6, 86.10 and 88.4(a)(4) (P) Taxation and Finance, Department of 49 / Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. 13-A Carrier Tax Jointly Administered Therewith (A) 49 / Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. 13-A Carrier Tax Jointly Administered Therewith (P) Workers’ Compensation Board 49 / Workers’ Compensation Board - Legal Internship Program (P) Hearings Scheduled for Proposed Rule Makings / 52 Action Pending Index / 55

Securities Offerings 101 / State Notices

Advertisements for Bidders/Contractors 103 / Sealed Bids

Miscellaneous Notices/Hearings 107 / Notice of Abandoned Property Received by the State Comptroller 107 / Public Notice

Court Notices 113 / Supreme Court, Appellate Division RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists 20402. It is available for public inspection and copying in the office of the of 13 characters. For example, the I.D. No. AAM-01-96- Director of Weights and Measures, 10B Airline Drive, Albany, NY 12235 or in the office of the Department of State, One Commerce Plaza, 99 00001-E indicates the following: Washington Avenue, Suite 650, Albany, NY 12231. AAM -the abbreviation to identify the adopting agency (b) The magnitude of variations permitted under section 221.10 of this 01 -the State Register issue number Part shall be those contained in the procedures and tables of National 96 -the year Institute of Standards and Technology Handbook 133, [2014] 2018 Edi- 00001 -the Department of State number, assigned upon tion, Checking the Net Contents of Packaged Goods, as adopted by the receipt of notice. [95th] 102nd National Conference on Weights and Measures. E -Emergency Rule Making—permanent action Text of proposed rule and any required statements and analyses may be not intended (This character could also be: A obtained from: Mike Sikula, Director, Bureau of Weights & Measures, for Adoption; P for Proposed Rule Making; RP NYS Dept. of Agriculture and Markets, 10B Airline Drive, Albany, NY for Revised Rule Making; EP for a combined 12235, (518) 457-3146, email: [email protected] Emergency and Proposed Rule Making; EA for Data, views or arguments may be submitted to: Same as above. an Emergency Rule Making that is permanent and does not expire 90 days after filing.) Public comment will be received until: 60 days after publication of this notice. Italics contained in text denote new material. Brackets indicate material to be deleted. Consensus Rule Making Determination The proposed rule will amend 1 NYCRR section 221.11 to incorporate by reference the 2018 edition of National Institute of Standards and Technology Handbook 133 in place of the 2014 edition which is presently incorporated by reference. Handbook 133 contains test procedures that are Department of Agriculture and used by state regulatory officials to determine whether the actual contents of a packaged commodity is sufficiently consistent with the declaration of Markets net contents set forth on its label. The proposed rule is non-controversial. The 2018 edition of Handbook PROPOSED RULE MAKING 133 has been adopted or is in use in the great majority of states; manufac- turers of packaged commodities located in New York already, therefore, NO HEARING(S) SCHEDULED conform their operations to the provisions of this document in order to sell such commodities in interstate commerce. The proposed rule will not, Incorporate by Reference in 1 NYCRR the 2018 Edition of therefore, have any adverse impact upon regulated businesses and is, National Institute of Standards and Technology (‘‘NIST’’) therefore, non-controversial. Handbook 133 Job Impact Statement I.D. No. AAM-21-18-00032-P The proposed rule will not have an adverse impact on jobs or on PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- employment opportunities. cedure Act, NOTICE is hereby given of the following proposed rule: The proposed rule will incorporate by reference in 1 NYCRR section Proposed Action: This is a consensus rule making to amend section 221.11 221.11 the 2018 edition of National Institute of Standards and Technology of Title 1 NYCRR. Handbook 133 (henceforth, “Handbook 133 (2018 edition)”) which Statutory authority: Agriculture and Markets Law, sections 16, 18 and contains test procedures for weights and measures officials to determine 179 whether the net weight declarations on labels of packaged commodities Subject: Incorporate by reference in 1 NYCRR the 2018 edition of are accurate. The 2014 edition of Handbook 133 is presently incorporated National Institute of Standards and Technology (‘‘NIST’’) Handbook 133. by reference and Handbook 133 (2018 edition) differs substantively from Purpose: To incorporate by reference in 1 NYCRR the 2018 edition of the 2014 edition only to the extent that the 2018 edition provides new or NIST Handbook 133. revised procedures for determining the accuracy, quality, or weight of Text of proposed rule: Section 221.11 of 1 NYCRR is amended to read as Borax audit tests, fresh and frozen chitterlings, peat moss, mulch and soils, follows: fresh oysters, firewood, and polyethylene sheeting. 221.11 Test procedures, magnitude of permitted variations. (a) The test procedures for testing packaged commodities shall be those Handbook 133 (2018) edition has been adopted by or is in use in the contained in National Institute of Standards and Technology Handbook great majority of states; manufacturers of packaged commodities located 133, [2014] 2018 Edition, Checking the Net Contents of Packaged Goods, in New York already, therefore, conform their operations to the provisions as adopted by the 102nd National Conference on Weights and Measures. of this document in order to sell their products in interstate commerce. The document is available from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superin- The proposed rule will not, therefore, have any adverse impact upon tendent of Documents, U.S. Government Printing Office, Washington, DC jobs or employment opportunities.

1 Rule Making Activities NYS Register/May 23, 2018

Canon of Ethical Principles or Professional Code and Ethical Standards applicable to their professions as well as the Justice Center’s Code of Office of Alcoholism and Conduct for Custodians (when employed). Defines what constitutes misconduct subject to penalties or other remedial actions consistent with Substance Abuse Services statute, scope of practice, and codes of conduct. § 853.14 Complaints and investigations. Process for Office receipt and review of complaints; subsequent investigations; relationship to Justice PROPOSED RULE MAKING Center investigations; notice provisions. § 853.15 Penalties. Options available to the commissioner include NO HEARING(S) SCHEDULED administrative reprimand, suspension or revocation, and fines; criteria for consideration of penalty. Credentialing of Addictions Professionals § 853.16 Summary action and other remedial actions. Consistent with I.D. No. ASA-21-18-00025-P statutory authority the commissioner may take summary action to suspend any credential in the interest of public safety and may revoke credentials issued to persons who have been placed on the staff exclusion list. Other PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- remedial actions include dismissal with guidance or annulment of errone- cedure Act, NOTICE is hereby given of the following proposed rule: ously issued credentials. Proposed Action: Repeal of Part 853; and addition of new Part 853 to § 853.17 Notifications; right to a hearing. Due process provisions. Title 14 NYCRR. § 853.18 Application following revocation. Criteria to request permis- Statutory authority: Mental Hygiene Law, sections 19.07, 19.09, 19.40, sion to apply for a new credential after a credential has been revoked; 32.01 and 32.07 request may not be submitted until five (5) years or more after the effec- Subject: Credentialing of Addictions Professionals. tive date of the revocation. § 853.19 Canons of Ethical Principles, Ethical Standards, and Code of Purpose: Repeal obsolete rules; update process of credentialing addic- Conduct. Canons of Ethical Principles applies to CASACS and prevention tions professionals. professionals; Ethical standards applies to Gambling credentials and Substance of proposed rule (Full text is posted at the following State designations; Code of Conduct is a Justice Center requirement for website: https://www.oasas.ny.gov/): The Proposed Rule repeals Part 853 custodians in OASAS programs. and replaces with a new Part 853 relating to credentialing of addiction § 853.20 Severability. Declares provisions of this Part to be severable. professionals. The proposed rule streamlines credentialing regulations to a Text of proposed rule and any required statements and analyses may be more accessible page length by posting lists of required coursework on the obtained from: Sara Osborne, Associate Attorney, NYS Office of Alcohol- agency website and consolidating repetitive provisions; clarifies the role ism and Substance Abuse Services, 1450 Western Ave., Albany, NY 12203, of the Credentials Board; adds an option to hold a credential in inactive (518) 485-2317, email: [email protected] status for a period of years; clarifies the process of reviewing complaints and subsequent investigations; addresses issues regarding status of Data, views or arguments may be submitted to: Same as above. credentials during investigation, hearing and penalty processes; updates Public comment will be received until: 60 days after publication of this descriptions of misconduct and ethical violations; and discontinues the notice. gambling counselor credential in the context of staffing changes due to the Regulatory Impact Statement increase in State Education Department licensed professionals completing 1. Statutory Authority: the gambling treatment training approved by the Office and the NYS (a) Section 19.07(a) of the Mental Hygiene Law charges the Office of Council on Problem Gambling. Alcoholism and Substance Abuse Services (OASAS or “Office”) with as- § 853.1 Legal base. Sets forth the legal basis for the provisions of this suring the development of comprehensive plans, programs and services Part. for research, prevention, care, treatment, rehabilitation, education and § 853.2 Applicability. Any person who initiates an application for a new training related to substance use disorder and compulsive gambling. credential or designation, or to renew or re-activate an existing or inactive (b) Section 19.07(d) of the Mental Hygiene Law directs the Office to credential or designation. foster programs for the training and development of persons capable of § 853.3 Definitions. Definitions significant to this Part include “active providing substance use disorder and gambling addiction services; to es- application period,” “approved work setting,” “credentialed professional,” tablish minimum qualifications for credentialed professionals; to issue “dual relationship,” “addiction services,” “qualified prevention supervi- credentials to persons who meet such qualifications; and to suspend or sor,” “renewal period,” “scope of practice” and “staff exclusion list.” revoke such credentials for good cause. § 853.4 Credentials Board. Scope and functions of the credentials board (c) Section 19.20 of the Mental Hygiene Law authorizes the Office to consistent with statutory role of advising commissioner on the process of receive and review criminal history information from the Justice Center credentialing. related to employees or volunteers of treatment facilities certified, licensed § 853.5 Minimum qualifications for all credentials. Includes age (18), or operated by the Office. NY state residency, minimum educational requirements, and criminal his- (d) Section 19.20-a of the Mental Hygiene Law authorizes the Office to tory review. receive and review criminal history information from the Justice Center § 853.6 Credentialing applications. Minimum application criteria for all related to persons seeking to be credentialed by the Office or applicants types or stages (initial, renewal, extension, inactive) of credential applica- for an operating certificate issued by the Office. tions regarding character evaluations, education and work experience, (e) Section 32.01 of the Mental Hygiene Law authorizes the Commis- contact information, fees, and circumstances under which an application sioner of the Office to adopt any regulation reasonably necessary to imple- may be denied. ment and effectively exercise the powers and perform the duties conferred § 853.7 Additional qualifications to become a Credentialed Alcoholism by Article 32 of the Mental Hygiene Law. and Substance Abuse Counselor (CASAC) or CASAC-Trainee. Core (f) Section 32.02 of the Mental Hygiene Law authorizes the Commis- competencies, education, training and work experience, and examination. sioner of the Office to adopt regulations necessary to ensure quality ser- § 853.8 Additional qualifications to become a Credentialed Prevention vices to those suffering from problem gambling disorder. Professional (CPP) or Credentialed Prevention Specialist (CPS). Perfor- (g) Section 554 of the Executive Law (Chapter 501 of the Laws of mance domains, education, training and work experience, and 2012), requires custodians, as defined in Part 836 of this Title, in programs examination. licensed, certified or operated by the Office, to adhere to the code of § 853.9 Additional qualifications to receive a Gambling designation. conduct for custodians developed by the Justice Center. Requirements for a CASAC, CPP or CPS to acquire an additional (h) The Protection of People with Special Needs Act (Chapter 501 of “designation”; defines “qualified problem gambling professional”; status the Laws of 2012) establishes the Justice Center and requires criminal his- of previously credentialed problem gambling counselors (CPGC). tory information reviews be conducted for applicants for any credential is- § 853.10 Issuance and registration of credentials. Date of issue, expira- sued by the Office pursuant to this Part. tion dates, registry maintained by the Office, and required criminal history (i) Section 495 of the Executive Law (Chapter 501 of the Laws of 2012) information review. establishes the “Register of Substantiated Category One Cases of Abuse § 853.11 Credential renewal; inactive status. Requirements and process and Neglect” maintained by the Justice Center. for renewal; status of expired credentials or inactive status; conditional (j) Article 23-A of the Corrections Law is applicable to any application renewals for active military service. for a credential by a person who has previously been convicted of one or § 853.12 Reciprocity. Applicable only to CASAC and CPS credentials; more criminal offenses in New York or in any other jurisdiction. issuance and renewal of credential based on reciprocity. 2. Legislative Objectives: Articles 19 and 32 of the Mental Hygiene § 853.13 Misconduct. All credentialed professionals must abide by the Law authorize the promulgation of rules and regulations to regulate and

2 NYS Register/May 23, 2018 Rule Making Activities assure the consistent quality of services provided within the state to process involves input from trade organizations representing providers in persons suffering from chemical abuse or dependence, their families and diverse geographic locations, local governments, and other behavioral significant others, as well as those who are at risk of becoming chemically health providers. dependent. The Office is also directed to foster programs for the training Job Impact Statement and development of persons capable of providing substance use disorder No change in the number of jobs and employment opportunities is and gambling addiction services; to establish minimum qualifications for anticipated as a result of the proposed new regulation because the amend- credentialed professionals; to issue credentials to persons who meet such ments either clarify or streamline existing applicant and Office administra- qualifications; and to suspend or revoke such credentials for good cause. tive actions. The Office will not need to hire additional staff or reduce staff 14 NYCRR Part 853 establishes the process for credentialing treatment size; the proposed changes will not adversely impact jobs outside of the professionals and criteria for maintaining professional standards including agency; the proposed changes will not result in the loss of any jobs within compliance with codes of conduct. New York State. 3. Needs and Benefits: The proposed rule is intended to enable the Of- fice to more thoroughly and efficiently monitor the quality and competency PROPOSED RULE MAKING of its credentialed professionals and enable providers of services to NO HEARING(S) SCHEDULED persons seeking treatment for addiction disorders to secure appropriate and properly trained individuals to staff their facilities and programs. The Appeals, Hearings and Rulings regulation is consolidated to a more accessible page length by posting lists of required coursework on the agency website and consolidating repetitive I.D. No. ASA-21-18-00026-P provisions; updated to clarify the role of the Credentials Board; adds an option to hold a credential in inactive status for a period of years; clarifies PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- the process of reviewing complaints and subsequent investigations; ad- cedure Act, NOTICE is hereby given of the following proposed rule: dresses issues regarding status of credentials during investigation, hearing and penalty processes; updates descriptions of misconduct and ethical Proposed Action: Amendment of Part 831 of Title 14 NYCRR. violations; and discontinues the gambling counselor credential in the Statutory authority: Mental Hygiene Law, sections 19.07, 19.09, 19.40, context of staffing changes due to the increase in State Education Depart- 32.01 and 32.07 ment licensed professionals completing the gambling treatment training Subject: Appeals, Hearings and Rulings. approved by the Office and the NYS Council on Problem Gambling. The Purpose: Protect patient confidentiality, update due process provisions, Behavioral Health Services Advisory Council recommended advancement technical amendments. of this rule on April 26, 2018. The proposal accomplishes updates due to implementation obstacles Text of proposed rule: 14 NYCRR Part 831 is amended to read as follows: that have come to light regarding consistently tracking status of credentials § 831.1 Applicability. issued, complaint review, investigation and penalties. The proposal also If the Commissioner gives notice of any action pursuant to provisions makes the regulation more “user friendly” by consolidating repetitive pro- of this [Title] Chapter for which an opportunity to be heard is provided, visions, making it easier to update coursework requirements by posting the provisions of this Part shall apply. Notice shall include the time within them on the agency website, and incorporating the option of a gambling which a hearing must be requested. designation for the more numerous credentials and consistent with the § 831.2 Request for hearing, scheduling and notice. increase in State Education licensed professionals who have completed (a) If the party provided notice as described in section 831.1 of this Part the gambling treatment training recognized by the Office and the Council desires a hearing, such party shall submit a written request for a hearing to for Problem Gambling. the Commissioner within [10 business days] thirty (30) days of the date of 4. Costs: No additional administrative costs to the agency are anticipated mailing [receipt] of the notice. since review of applications for credentials is an existing function. No ad- (b) [Within 20 days of receipt of a request for hearing, the Commis- ditional costs to programs/providers are anticipated since their obligations sioner shall provide notice to the requesting party of the date and location for supervision are not changed. of the hearing, to be held without undue delay.] The Commissioner shall 5. Paperwork: The proposed regulation will not require any additional acknowledge receipt of a request for a hearing, in writing to the request- paperwork and may reduce paperwork due to documentation accessible on ing party, within twenty (20) days of receipt of such request. Without undue the agency website. delay thereafter, the Commissioner shall provide notice to the requesting 6. Local Government Mandates: This regulation imposes no new party of the date and location of the hearing. mandates on local governments operating certified OASAS programs even (c) Notice of the hearing shall be served on the party, either by hand if they employ OASAS credentialed professionals. delivery, certified mail or other verifiable written communication, at least 7. Duplication: This proposed rule does not duplicate any State or 10 days before the scheduled hearing date and shall specify the time and federal statute or rule. place of the hearing, the names of the person who will conduct the hear- 8. Alternatives: Continue with outdated regulations that are not consis- ing, and include a basis for action taken. If required by law or by consent tent with current standards. The new rule does not reduce standards but or permission, a written answer shall be provided at least three days before consolidates language into a more concise regulation and adds options to the scheduled hearing date. credentialed professionals to expand their expertise and/or stay involved § 831.3 Rights of parties. in the profession. (a) Each party shall have the right to be represented by counsel. 9. Federal Standards: This regulation does not conflict with federal (b) Upon request of any party, the Hearing Officer may permit discovery standards. which shall be limited to the production of documents and other tangible 10. Compliance Schedule: This rulemaking will be effective upon pub- things. lication of a Notice of Adoption in the State Register. (c) Any party may request that the Hearing Officer recuse [him/herself] themself from the proceeding when the party believes that the Hearing Of- Regulatory Flexibility Analysis ficer has a conflict of interest which would render [him/her] them unable OASAS has determined that the rule will not impose any adverse impact to provide a fair and impartial recommendation to the Commissioner. The on small businesses or local governments. This proposed rulemaking does Hearing Officer’s [refusal] recusal determination shall be final. If a Hear- not affect businesses or local governments as it streamlines and clarifies ing Officer recuses [him/herself] themself, the Commissioner shall appoint the application and administrative review process of obtaining a credential a new Hearing Officer and promptly reschedule the hearing. issued by the Office. (d) Each party shall have the right to present evidence and cross- The proposed rule will be posted on the agency website. Agency review examine witnesses. process involves input from trade organizations representing providers in § 831.4 Conduct of hearing. diverse geographic locations, local governments, and other behavioral (a) Presentation of case. (1) The Office shall have the right to present health providers. its [prima facie] case first and shall also have the right to rebuttal, at the Rural Area Flexibility Analysis conclusion of the other party’s case, [at] in the course of which any and all OASAS has determined that the rule will not impose any adverse impact witnesses and/or other evidence pertinent to the case may be additionally on rural areas or reporting, recordkeeping or other compliance require- presented. ments on public or private entities in rural areas. This proposed rulemak- (2) The party requesting the hearing shall present its case at the ing does not affect businesses or local governments in any geographic conclusion of the [prima facie] case presented by the [office] Office. area, including rural areas, since it streamlines and clarifies the application (b) Burden of Proof. The burden of proof shall be on the party request- and administrative review process of obtaining a credential issued by the ing the hearing to show by a preponderance of the evidence that the Com- Office. missioner’s decision is not in conformity with the standards and criteria The proposed rule will be posted on the agency website. Agency review set forth in the applicable laws and provisions of this Title.

3 Rule Making Activities NYS Register/May 23, 2018

(c) Hearings shall be [open] closed to the public due to the protection of (g) The determination after administrative review of the appeal shall be patients’ rights unless otherwise ordered by the Commissioner or Hearing final and is not subject to further administrative review. Officer [due to the protection of patient’s rights] or upon a showing of § 831.10 Declaratory Rulings. other compelling reasons. (a) Pursuant to section 204 of the administrative procedure law, persons (d) The Hearing Officer shall not communicate ex parte, either directly may petition the Office for a declaratory ruling on the applicability of any or indirectly, in connection with any issue [that relates] relating to the regulation or statute enforceable by the Office. merits of a pending adjudicatory proceeding in which they are the Hearing (b) Procedure. Petitions must be in writing and addressed to Counsel, Officer unless all parties have first been given notice of the intended com- New York State Office of Alcoholism and Substance Abuse, 1450 Western munication and an opportunity to participate. Ave., Albany, NY 12203, by certified mail, return receipt requested. Peti- § 831.5 Powers of hearing officers. tions must contain the following: (a) The Hearing Officer shall have the power to administer oaths and af- (1) name and address of petitioner; firmations, issue subpoenas and otherwise control the conduct of the (2) a statement requesting a declaratory ruling, specifying the rule or hearing. statutory provision for which the declaratory ruling is requested; (b) The Hearing Officer shall not be bound by the rules of evidence (3) a statement of relevant facts and circumstances, and full disclosure observed by courts, except that the rules of privilege recognized by law of petitioner’s interest; and shall be respected. (4) verification under oath by petitioner of all facts and assertions (c) The Hearing Officer, with the consent of all parties, may waive any therein. time requirement provided for in this Part. (c) Ruling. Counsel shall issue and mail to petitioner, certified mail, (d) The Hearing Officer may consult on questions of law with the [of- return receipt requested, a declaratory ruling within 60 days of the receipt fice’s] Office’s counsel or another designated Office attorney, provided of a completed petition, or a statement declining to issue a declaratory that said attorney has not been engaged in investigative or [prosecuting] ruling. Rulings shall be available for public inspection at the Office. prosecutorial functions in connection with the proceeding under consider- (d) Conditions. No correspondence or opinion issued by the Office shall ation or a factually related adjudicatory proceeding. be construed as a declaratory ruling unless it is identified as a declaratory § 831.6 Post-hearing Procedure. ruling and is issued in response to a petition pursuant to [with] this section. (a) The Hearing Officer shall fix the time [, not to exceed 15 days] from (e) Nothing in this section shall be construed to prohibit the determina- the date [of] the hearing transcript becomes available, within which the tion of the validity or applicability of the regulation in any other action or parties may provide the Hearing Officer with written memoranda in sup- proceeding in which its invalidity or inapplicability is asserted, and noth- port of their positions. ing in this section shall be construed to limit any rights which may exist (b) Within 20 days of the date fixed for submission of written memo- under article seventy-eight of the civil practice law and rules. randa, the Hearing Officer shall submit a final report of findings and Text of proposed rule and any required statements and analyses may be recommendations to the Commissioner with the entire record of the obtained from: Sara Osborne, Associate Attorney, NYS Office of Alcohol- hearing. ism and Substance Abuse Services, 1450 Western Ave., Albany, NY 12203, (c) The Commissioner shall render a final decision in writing within 10 (518) 485-2317, email: [email protected] days of receipt of the Hearing Officer’s report. In the event that the Com- missioner renders a final decision that conflicts with the Hearing Officer’s Data, views or arguments may be submitted to: Same as above. recommendations, the Commissioner shall set forth the reasons for the Public comment will be received until: 60 days after publication of this decision. notice. § 831.7 Verbatim record. Regulatory Impact Statement (a) A verbatim [recording] record of the [proceedings] hearing shall be 1. Statutory Authority: made by whatever means the Office deems appropriate. (a) Section 19.07(a) of the Mental Hygiene Law provides that the Of- (b) A transcription of the [recording] hearing shall be made available to fice of Alcoholism and Substance Abuse Services (OASAS or “Office”) is any party requesting it upon payment [of the party] of the cost of transcrip- charged with the responsibility for assuring the development of compre- tion by the requesting party. If more than one party requests the transcript, hensive plans, programs and services in the areas of research, prevention, the cost will be allocated among the parties. care, treatment, rehabilitation, education and training of persons who (c) The [office] Office may waive the transcript cost [on] upon a show- abuse or are dependent on alcohol and/or substances and their families. ing of hardship by the requesting party. Requests for transcripts and for (b) Section 19.07(d) of the Mental Hygiene Law directs the Office to waiver of transcript costs must be made in writing to the Commissioner foster programs for the training and development of persons capable of and must be submitted no later than the first day of the hearing. providing alcoholism and/or substance abuse services, including the issu- § 831.8 Hearing record. ance of credentials to persons who meet minimum qualifications set by the The hearing record shall [include:] consist of the notice of proposed ac- Office; and to suspend or revoke such credentials for good cause. tion, the request for the hearing, the notice of hearing [ including the report (c) Section 19.09 of the Mental Hygiene law authorizes the Commis- of finds], motions submitted and rulings thereon, the [recording of sioner to adopt regulations necessary and proper to implement any matter transcript] transcription of the testimony taken at the hearing, exhibits, under his or her jurisdiction. stipulations and memoranda of law filed in connection with the hearing, (d) Section 31.04(c)(7) of the Mental Hygiene law provides for the Hearing Officer’s report of findings and recommendations to the Com- determining the validity or applicability of any regulation pursuant to a missioner, and the Commissioner’s final ruling. petition for declaratory judgment. § 831.9 Administrative appeals. (e) Section 32.01 of the Mental Hygiene Law authorizes the Commis- (a) Where an opportunity for an administrative appeal is afforded pur- sioner of the Office to adopt any regulation reasonably necessary to imple- suant to the provisions of this [Title] Chapter, the provisions of this [Sec- ment and effectively exercise the powers and perform the duties conferred tion] section shall apply. by Article 32 of the Mental Hygiene Law. (b) All requests for administrative appeals shall be in writing and (f) Section 32.05 of the Mental Hygiene Law provides that no substance delivered by [registered] certified mail, return receipt requested, to the use disorder services may be established without the approval of the Commissioner within thirty (30) [business] days of receipt of the ap- Commissioner. plicable agency decision. (g) Section 32.07(a) of the MHL authorizes the Commissioner to adopt (c) A request for an administrative appeal shall include a written detailed regulations to effectuate the provisions and purposes of Article 32 of the statement of the factual issues in dispute. MHL. (d) Administrative appeals shall be based upon the written submissions (h) Section 32.21 of the MHL provides the Commissioner with the of the party requesting the appeal and any relevant agency documentation. authority to suspend, revoke or limit operating certificates and imposition The burden of proof on appeal shall be on the party requesting the appeal of fines. to demonstrate that the agency’s action is not in conformance with the ap- (i) Article 3 of the State Administrative Procedure Act (SAPA) autho- plicable [regulatory standards] statutes or regulations. rizes agencies that conduct adjudicatory proceedings to adopt rules provid- (e) [The Commissioner may, in his or her sole discretion, hold a confer- ing for procedures on adjudicatory proceedings and appeals. ence including all relevant parties.] A conference including all relevant (j) Section 305 of SAPA authorizes each agency conducting adjudica- parties may be held at the sole discretion of the Commissioner. tory proceedings to adopt rules providing for discovery and depositions to (f) Within thirty (30) business days of receipt of the request for the extent and manner appropriate to its proceedings. administrative appeal, or within fifteen (15) days after the conference as (k) Section 204 of SAPA authorizes agencies to prescribe by rule the set forth in subdivision (e) of this [Section] section, the Commissioner procedure for submission, consideration and disposition of petitions for will issue a final determination in writing. Formal notification of the deter- declaratory rulings. mination shall be sent to the party requesting the appeal by certified mail, 2. Legislative Objectives: Articles 19 and 32 of the Mental Hygiene return receipt requested. Law authorize the promulgation of rules and regulations to regulate and

4 NYS Register/May 23, 2018 Rule Making Activities assure the consistent quality of services provided within the state to Proposed Action: This is a consensus rule making to repeal section 18.10; persons suffering from chemical abuse or dependence, their families and amend sections 18.7, 18.14, 18.16 and 18.17 of Title 2 NYCRR. significant others, as well as those who are at risk of becoming chemically Statutory authority: State Finance Law, section 179-m dependent. 14 NYCRR Part 831 establishes the requirements for hearings, schedul- Subject: Adjustments to merchandise/invoice receipt dates. ing and notices. These revisions ensure that patients records are protected, Purpose: To correct internal regulatory inconsistencies relating to adjust- clarify scheduling and due process provisions. ments to merchandise/invoice receipt dates. 3. Needs and Benefits: This is a discretionary rule revision to bring cur- Text of proposed rule: 18.7 Comptroller audit. rent practice into regulation. The proposed rule amends Part 831 to (a) The MIR date shall be determined in accordance with subdivision properly protect confidentiality of patient records from inadvertent public (c) of this section whenever the Comptroller in the course of [his] an audit disclosure in the context of administrative hearings, conforms scheduling determines that there is reasonable cause to believe that, as a substantive and due process provisions. It makes other technical amendments includ- matter, payment may not properly be due to the contractor, in whole or in ing use of gender pronouns, capitalizations and internal citations. The part. Behavioral Health Services Advisory Council recommended advancement (b) Whenever the Comptroller makes the determination set forth in of this proposal on April 26, 2018. subdivision (a) of this section, [he] the Comptroller shall send the [contrac- 4. Costs: No additional administrative costs to the agency are anticipated tor written] agency notice of such determination, unless [he] the Comptrol- since the rulemaking does not change existing processes to require ad- ler suspects illegal or similar activity on the part of the contractor which ditional staff or paperwork. would make such notice inappropriate, in which event [he] the Comptrol- 5. Paperwork: The proposed regulation will not require any additional ler shall make a dated written record of such determination in [his ] the paperwork. Comptroller’s files. The [written] notice shall include a request for all in- 6. Local Government Mandates: This regulation imposes no new formation and material which the Comptroller deems necessary to mandates on local governments since the rulemaking applies only to ac- determine whether or not payment is properly due [, and a copy of such tions of the Office. notice shall be sent to the agency]. Promptly upon completion of [ his ] an 7. Duplication: This proposed rule does not duplicate any State or audit, the Comptroller shall notify the [contractor and ] agency of the federal statute or rule. results of [his ]such audit unless [he ] the Comptroller suspects illegal 8. Alternatives: Continue with outdated regulations that are not consis- activity, in which event [he] the Comptroller shall make a dated written tent with current standards. The new rule does not reduce standards but record of[ his ]such audit conclusions for [his] the Comptroller’s file. clarifies existing standards and processes. (c) Period of adjustment. 9. Federal Standards: This regulation does not conflict with federal Where, after an audit pursuant to subdivision (a) of this section, the standards. Comptroller determines that all or a portion of the amount claimed by the 10. Compliance Schedule: This rulemaking will be effective upon pub- contractor is, in fact, due, the MIR date of the invoice shall be the original lication of a Notice of Adoption in the State Register. MIR date increased by a number of days equal to the number of days from Regulatory Flexibility Analysis the date that the Comptroller sends the [contractor] agency the [written] OASAS has determined that the rule will not impose any adverse impact notice required by subdivision (b) of this section, or in the case of on small businesses or local governments. This proposed rulemaking does suspected fraud, from the date the Comptroller enters the written determi- not affect businesses or local governments as it addresses internal nation required by subdivision (b) in[ his ] the Comptroller’s files, to the processes of the Office related to administrative hearings. The proposed date that the Comptroller sends [written ] notice to the [contractor ] agency rule will be posted on the agency website. Agency review process involves of the resolution of the matter. Section 18.10 of Part 18 of Title 2 NYCRR is REPEALED. input from trade organizations representing providers in diverse geo- 18.14 Notice of defects. graphic locations, local governments, and other behavioral health (a) Each State agency shall have 15 calendar days after receipt of an providers. invoice by the State agency at its designated payment office, or in the case Rural Area Flexibility Analysis of an invoice received from a small business, 7 calendar days, to notify the OASAS has determined that the rule will not impose any adverse impact contractor of (1) defects in the delivered goods, property or services, (2) on rural areas or reporting, recordkeeping or other compliance require- defects in the invoice, or (3) suspected improprieties of any kind. ments on public or private entities in rural areas. This proposed rulemak- (b) Except as provided in subdivision (c) of this section, when a State ing does not affect businesses or local governments in any geographic agency notifies a contractor of such defects or suspected improprieties, area, including rural areas, since it applies only to administrative practice and the contractor thereafter submits a corrected invoice or delivers cor- of the Office related to administrative hearings. rected goods or services, the MIR date shall be the date upon which the The proposed rule will be posted on the agency website. Agency review corrected invoice or corrected goods or services are received by the process involves input from trade organizations representing providers in agency. If a corrected invoice or corrected goods or services are not diverse geographic locations, local governments, and other behavioral required, the MIR date shall be the date upon which the agency determines health providers. that the suspected improprieties have been resolved. Job Impact Statement (c) If a State agency fails to notify a contractor of such defects or No change in the number of jobs and employment opportunities is suspected improprieties within 15 calendar days, or 7 calendar days if anticipated as a result of the proposed rulemaking because the amend- such contractor is a small business, of receipt of an invoice, the MIR date, ments apply only to internal processes of the Office related to administra- as determined by subdivision (b) of this section, shall be adjusted to an tive hearings. The Office will not need to hire additional staff or reduce earlier date, by a number of days equal to the number of days in excess of 15, or 7 if payment is for a small business, that the State agency took after staff size; the proposed changes will not adversely impact jobs outside of receipt of an invoice to notify the contractor of the defects or suspected the agency; the proposed changes will not result in the loss of any jobs improprieties. within New York State. 18.16 Receipt of an approvable voucher. (a) [The date of receipt of an approvable voucher by the Comptroller shall be the date on which an approvable voucher is received by the Office of the State Comptroller at 110 State Street, Albany, NY or at a location Department of Audit and offsite from such address where there is an audit unit designated by the Comptroller to review such voucher. In any case where, after receipt of an Control approvable voucher, an MIR date is adjusted pursuant to sections 18.7- 18.14 of this Part, the date of receipt of an approvable voucher shall be increased by a number of days equal to the adjustment provided by sec- PROPOSED RULE MAKING tions 18.7-18.14 of this Part. (b) All approvable vouchers which are sent to the State Comptroller NO HEARING(S) SCHEDULED must be addressed to the Office of the State Comptroller, Receiving Unit, Document Control Section, Bureau of the Contract and State Expenditures, Adjustments to Merchandise/invoice Receipt Dates 110 State Street, Albany, NY 12236-0001 ] Unless otherwise directed in I.D. No. the Comptroller’s Guide to Financial Operations (GFO), vouchers requir- AAC-21-18-00037-P ing the Comptroller’s approval shall be transmitted electronically to the Comptroller’s office through the Statewide Financial System (SFS) except PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- where an offsite location has been authorized by the Comptroller to review cedure Act, NOTICE is hereby given of the following proposed rule: such vouchers in which case the [approvable ]vouchers may be [addressed

5 Rule Making Activities NYS Register/May 23, 2018 or] delivered to such location. The date of OSC receipt of an approvable PROPOSED RULE MAKING voucher is the first business day after agency submission of an approvable voucher in SFS. NO HEARING(S) SCHEDULED (b) In any case where, after receipt of an approvable voucher, an MIR Jurisdictional Classification date is adjusted pursuant to sections 18.7-18.14 of this Part, the date of receipt of an approvable voucher shall be increased by a number of days I.D. No. CVS-21-18-00001-P equal to the adjustment provided by sections 18.7-18.14 of this Part. 18.17 Unapprovable vouchers. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (a) In any case where the Comptroller determines that a voucher cedure Act, NOTICE is hereby given of the following proposed rule: delivered to [ his ] the Comptroller’s offices is not an approvable voucher Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR. because of a defect in the invoice or the voucher submitted by [the contrac- Statutory authority: Civil Service Law, section 6(1) tor or ] the agency,[ he ] the Comptroller shall either: Subject: Jurisdictional Classification. (1) [make the appropriate adjustment to the invoice or voucher] reject Purpose: To classify positions in the exempt class. the voucher and return it to the agency; or Text of proposed rule: Amend Appendix 1 of the Rules for the Classified (2)[ reject the voucher and return it to the agency] make the appropri- Service, listing positions in the exempt class, in the Executive Department ate adjustment to the voucher. under the subheading “Office of Information Technology Services,” by (b) [ Where an unapprovable voucher is corrected, as described in increasing the number of positions of Assistant Public Information Officer paragraph (a)(1) of this section, the MIR date shall not be changed, but the from 1 to 3 and Secretary from 3 to 4. Comptroller may make an appropriate adjustment to the date of receipt of Text of proposed rule and any required statements and analyses may be an approvable voucher. obtained from: Jennifer Paul, NYS Department of Civil Service, Empire (c)] (1) Where the Comptroller rejects a voucher [ he ]the Comptrol- State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: [email protected] ler shall[, on the same day that he returns the voucher to the agency, ]send notification to the [contractor] agency that the voucher has been rejected[ Data, views or arguments may be submitted to: Marc Hannibal, Counsel, and returned to the agency ]for further information. NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] (2) Where a voucher is rejected pursuant to paragraph (a)([2] 1) of this section because of a defect in the invoice submitted by the contractor, Public comment will be received until: 60 days after publication of this notice. upon correction of the invoice, the MIR date of the corrected invoice shall be determined pursuant to section 18.14 of this Part. Regulatory Impact Statement (3) Where a voucher is rejected pursuant to paragraph (a)([2] 1) of A regulatory impact statement is not submitted with this notice because this section because of an error in the voucher submitted by the agency, this rule is subject to a consolidated regulatory impact statement that was the MIR date shall not be changed, but the date of receipt of an approvable previously printed under a notice of proposed rule making, I.D. No. CVS- voucher shall be the date that the voucher, properly adjusted, is received 12-18-00012-P, Issue of March 21, 2018. by the Comptroller. Regulatory Flexibility Analysis (c) Where an unapprovable voucher is corrected, as described in A regulatory flexibility analysis is not submitted with this notice because paragraph (a)(2) of this section, the MIR date shall not be changed, but this rule is subject to a consolidated regulatory flexibility analysis that was the Comptroller may make an appropriate adjustment to the date of receipt previously printed under a notice of proposed rule making, I.D. No. CVS- of an approvable voucher. 12-18-00012-P, Issue of March 21, 2018. Rural Area Flexibility Analysis Text of proposed rule and any required statements and analyses may be obtained from: Jamie Elacqua, Office of the State Comptroller, 110 State A rural area flexibility analysis is not submitted with this notice because Street, Albany, NY 12236, (518) 473-4146, email: [email protected] this rule is subject to a consolidated rural area flexibility analysis that was previously printed under a notice of proposed rule making, I.D. No. CVS- Data, views or arguments may be submitted to: Same as above. 12-18-00012-P, Issue of March 21, 2018. Public comment will be received until: 60 days after publication of this Job Impact Statement notice. A job impact statement is not submitted with this notice because this rule Consensus Rule Making Determination is subject to a consolidated job impact statement that was previously This is a consensus rulemaking proposed for the purpose of addressing printed under a notice of proposed rule making, I.D. No. CVS-12-18- 00012-P, Issue of March 21, 2018. inconsistencies between certain Prompt Payment Processing Regulations set forth in Chapter 1, Part 18 of Title 2 of the New York Codes, Rules and PROPOSED RULE MAKING Regulations and the Payments of Vendor Claims And Statutory Expendi- tures set forth in Chapter 1, Part 6 of Title 2 of the New York Codes, Rules NO HEARING(S) SCHEDULED and Regulations and certain provisions of Article 11-A of the State Finance Jurisdictional Classification Law. These technical amendments relate to the Comptroller’s audit of payments to contractors, the submission of vouchers electronically and I.D. No. CVS-21-18-00002-P approval thereof, and statutory timeframes. The amendments further remove a regulation relating to provisions that are no longer set forth in PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- statute. It has been determined that no person is likely to object to the cedure Act, NOTICE is hereby given of the following proposed rule: adoption of the rule as written. Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. Statutory authority: Civil Service Law, section 6(1) Subject: Jurisdictional Classification. Department of Civil Service Purpose: To delete a position from and classify positions in the non- competitive class. Text of proposed rule: Amend Appendix 2 of the Rules for the Classified Service, listing positions in the non-competitive class, in the Executive NOTICE OF EXPIRATION Department under the subheading “Division of Criminal Justices Ser- The following notice has expired and cannot be reconsidered un- vices,” by deleting therefrom the position of Supervisor Forensic Labora- less the Department of Civil Service publishes a new notice of tory Accreditation Program (1) and by adding thereto the positions of Lab- oratory Accreditation Specialist 2 (1), øLatent Print Laboratory Director proposed rule making in the NYS Register. (1) and Supervisor Forensic Services (DNA) (1). Jurisdictional Classification Text of proposed rule and any required statements and analyses may be obtained from: Jennifer Paul, NYS Department of Civil Service, Empire I.D. No. Proposed Expiration Date State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, CVS-18-17-00008-P May 3, 2017 May 3, 2018 email: [email protected]

6 NYS Register/May 23, 2018 Rule Making Activities

Data, views or arguments may be submitted to: Marc Hannibal, Counsel, PROPOSED RULE MAKING NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Jurisdictional Classification Regulatory Impact Statement I.D. No. CVS-21-18-00004-P A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- previously printed under a notice of proposed rule making, I.D. No. CVS- cedure Act, NOTICE is hereby given of the following proposed rule: 12-18-00012-P, Issue of March 21, 2018. Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. Regulatory Flexibility Analysis Statutory authority: Civil Service Law, section 6(1) A regulatory flexibility analysis is not submitted with this notice because this rule is subject to a consolidated regulatory flexibility analysis that was Subject: Jurisdictional Classification. previously printed under a notice of proposed rule making, I.D. No. CVS- Purpose: To delete positions from and classify positions in the non- 12-18-00012-P, Issue of March 21, 2018. competitive class. Rural Area Flexibility Analysis Text of proposed rule: Amend Appendix 2 of the Rules for the Classified A rural area flexibility analysis is not submitted with this notice because Service, listing positions in the non-competitive class, in the Department of Economic Development, by deleting therefrom the positions of øJob this rule is subject to a consolidated rural area flexibility analysis that was Training Partnership Specialist 1 (2) and øJob Training Partnership previously printed under a notice of proposed rule making, I.D. No. CVS- Specialist 2 (2) and by increasing the number of positions of Associate 12-18-00012-P, Issue of March 21, 2018. Agency Services Analyst from 5 to 7 and Senior Certification Analyst Job Impact Statement from 10 to 16. A job impact statement is not submitted with this notice because this rule Text of proposed rule and any required statements and analyses may be is subject to a consolidated job impact statement that was previously obtained from: Jennifer Paul, NYS Department of Civil Service, Empire printed under a notice of proposed rule making, I.D. No. CVS-12-18- State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, 00012-P, Issue of March 21, 2018. email: [email protected] Data, views or arguments may be submitted to: Marc Hannibal, Counsel, PROPOSED RULE MAKING NYS Department of Civil Service, Empire State Plaza, Agency Building NO HEARING(S) SCHEDULED 1, Albany, NY 12239, (518) 473-2624, email: [email protected] Public comment will be received until: 60 days after publication of this Jurisdictional Classification notice. Regulatory Impact Statement I.D. No. CVS-21-18-00003-P A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- previously printed under a notice of proposed rule making, I.D. No. CVS- cedure Act, NOTICE is hereby given of the following proposed rule: 12-18-00012-P, Issue of March 21, 2018. Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. Regulatory Flexibility Analysis Statutory authority: Civil Service Law, section 6(1) A regulatory flexibility analysis is not submitted with this notice because Subject: Jurisdictional Classification. this rule is subject to a consolidated regulatory flexibility analysis that was Purpose: To classify a position in the non-competitive class. previously printed under a notice of proposed rule making, I.D. No. CVS- Text of proposed rule: Amend Appendix 2 of the Rules for the Classified 12-18-00012-P, Issue of March 21, 2018. Service, listing positions in the non-competitive class, in the Executive Rural Area Flexibility Analysis Department under the subheading “Office of Parks, Recreation and A rural area flexibility analysis is not submitted with this notice because Historic Preservation,” by adding thereto the position of Interpretive this rule is subject to a consolidated rural area flexibility analysis that was Program Assistant (1). previously printed under a notice of proposed rule making, I.D. No. CVS- Text of proposed rule and any required statements and analyses may be 12-18-00012-P, Issue of March 21, 2018. obtained from: Jennifer Paul, NYS Department of Civil Service, Empire Job Impact Statement State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, A job impact statement is not submitted with this notice because this rule email: [email protected] is subject to a consolidated job impact statement that was previously Data, views or arguments may be submitted to: Marc Hannibal, Counsel, printed under a notice of proposed rule making, I.D. No. CVS-12-18- NYS Department of Civil Service, Empire State Plaza, Agency Building 00012-P, Issue of March 21, 2018. 1, Albany, NY 12239, (518) 473-2624, email: [email protected] Public comment will be received until: 60 days after publication of this PROPOSED RULE MAKING notice. NO HEARING(S) SCHEDULED Regulatory Impact Statement A regulatory impact statement is not submitted with this notice because Jurisdictional Classification this rule is subject to a consolidated regulatory impact statement that was previously printed under a notice of proposed rule making, I.D. No. CVS- I.D. No. CVS-21-18-00005-P 12-18-00012-P, Issue of March 21, 2018. Regulatory Flexibility Analysis PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- A regulatory flexibility analysis is not submitted with this notice because cedure Act, NOTICE is hereby given of the following proposed rule: this rule is subject to a consolidated regulatory flexibility analysis that was Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. previously printed under a notice of proposed rule making, I.D. No. CVS- Statutory authority: Civil Service Law, section 6(1) 12-18-00012-P, Issue of March 21, 2018. Subject: Jurisdictional Classification. Rural Area Flexibility Analysis Purpose: To classify positions in the non-competitive class. A rural area flexibility analysis is not submitted with this notice because Text of proposed rule: Amend Appendix 2 of the Rules for the Classified this rule is subject to a consolidated rural area flexibility analysis that was Service, listing positions in the non-competitive class, in the Department previously printed under a notice of proposed rule making, I.D. No. CVS- of Family Assistance under the subheading “Office of Temporary and Dis- 12-18-00012-P, Issue of March 21, 2018. ability Assistance,” by increasing the number of positions of Minority Job Impact Statement Business Specialist 1 from 1 to 2 and øSecretary 2 from 5 to 7. A job impact statement is not submitted with this notice because this rule Text of proposed rule and any required statements and analyses may be is subject to a consolidated job impact statement that was previously obtained from: Jennifer Paul, NYS Department of Civil Service, Empire printed under a notice of proposed rule making, I.D. No. CVS-12-18- State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, 00012-P, Issue of March 21, 2018. email: [email protected]

7 Rule Making Activities NYS Register/May 23, 2018

Data, views or arguments may be submitted to: Marc Hannibal, Counsel, PROPOSED RULE MAKING NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Jurisdictional Classification Regulatory Impact Statement I.D. No. CVS-21-18-00007-P A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- previously printed under a notice of proposed rule making, I.D. No. CVS- cedure Act, NOTICE is hereby given of the following proposed rule: 12-18-00012-P, Issue of March 21, 2018. Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR. Regulatory Flexibility Analysis Statutory authority: Civil Service Law, section 6(1) A regulatory flexibility analysis is not submitted with this notice because Subject: Jurisdictional Classification. this rule is subject to a consolidated regulatory flexibility analysis that was previously printed under a notice of proposed rule making, I.D. No. CVS- Purpose: To delete positions from the exempt class. 12-18-00012-P, Issue of March 21, 2018. Text of proposed rule: Amend Appendix 1 of the Rules for the Classified Service, listing positions in the exempt class, in the Executive Department Rural Area Flexibility Analysis under the subheading “Office of General Services,” by deleting therefrom A rural area flexibility analysis is not submitted with this notice because the positions of Empire State Fellow (120). this rule is subject to a consolidated rural area flexibility analysis that was Text of proposed rule and any required statements and analyses may be previously printed under a notice of proposed rule making, I.D. No. CVS- obtained from: Jennifer Paul, NYS Department of Civil Service, Empire 12-18-00012-P, Issue of March 21, 2018. State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, Job Impact Statement email: [email protected] A job impact statement is not submitted with this notice because this rule Data, views or arguments may be submitted to: Marc Hannibal, Counsel, is subject to a consolidated job impact statement that was previously NYS Department of Civil Service, Empire State Plaza, Agency Building printed under a notice of proposed rule making, I.D. No. CVS-12-18- 1, Albany, NY 12239, (518) 473-2624, email: [email protected] 00012-P, Issue of March 21, 2018. Public comment will be received until: 60 days after publication of this PROPOSED RULE MAKING notice. Regulatory Impact Statement NO HEARING(S) SCHEDULED A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was Jurisdictional Classification previously printed under a notice of proposed rule making, I.D. No. CVS- I.D. No. CVS-21-18-00006-P 12-18-00012-P, Issue of March 21, 2018. Regulatory Flexibility Analysis PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- A regulatory flexibility analysis is not submitted with this notice because cedure Act, NOTICE is hereby given of the following proposed rule: this rule is subject to a consolidated regulatory flexibility analysis that was previously printed under a notice of proposed rule making, I.D. No. CVS- Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. 12-18-00012-P, Issue of March 21, 2018. Statutory authority: Civil Service Law, section 6(1) Rural Area Flexibility Analysis Subject: Jurisdictional Classification. A rural area flexibility analysis is not submitted with this notice because Purpose: To classify a position in the non-competitive class. this rule is subject to a consolidated rural area flexibility analysis that was Text of proposed rule: Amend Appendix 2 of the Rules for the Classified previously printed under a notice of proposed rule making, I.D. No. CVS- Service, listing positions in the non-competitive class, in the Department 12-18-00012-P, Issue of March 21, 2018. of State, by adding thereto the position of Minority Business Specialist 1 Job Impact Statement (1). A job impact statement is not submitted with this notice because this rule Text of proposed rule and any required statements and analyses may be is subject to a consolidated job impact statement that was previously obtained from: Jennifer Paul, NYS Department of Civil Service, Empire printed under a notice of proposed rule making, I.D. No. CVS-12-18- State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, 00012-P, Issue of March 21, 2018. email: [email protected] Data, views or arguments may be submitted to: Marc Hannibal, Counsel, PROPOSED RULE MAKING NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Jurisdictional Classification Regulatory Impact Statement I.D. No. CVS-21-18-00008-P A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- previously printed under a notice of proposed rule making, I.D. No. CVS- cedure Act, NOTICE is hereby given of the following proposed rule: 12-18-00012-P, Issue of March 21, 2018. Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. Regulatory Flexibility Analysis Statutory authority: Civil Service Law, section 6(1) A regulatory flexibility analysis is not submitted with this notice because Subject: Jurisdictional Classification. this rule is subject to a consolidated regulatory flexibility analysis that was previously printed under a notice of proposed rule making, I.D. No. CVS- Purpose: To classify positions in the non-competitive class. 12-18-00012-P, Issue of March 21, 2018. Text of proposed rule: Amend Appendix 2 of the Rules for the Classified Service, listing positions in the non-competitive class, in the Executive Rural Area Flexibility Analysis Department under the subheading “Office of Information Technology Ser- A rural area flexibility analysis is not submitted with this notice because vices,” by adding thereto the positions of Agency Emergency Manage- this rule is subject to a consolidated rural area flexibility analysis that was ment Coordinator (ITS) (1), Information Systems Auditor 1 (ITS) (10), In- previously printed under a notice of proposed rule making, I.D. No. CVS- formation Systems Auditor 2 (ITS) (5) and Information Systems Auditor 3 12-18-00012-P, Issue of March 21, 2018. (ITS) (2). Job Impact Statement Text of proposed rule and any required statements and analyses may be A job impact statement is not submitted with this notice because this rule obtained from: Jennifer Paul, NYS Department of Civil Service, Empire is subject to a consolidated job impact statement that was previously State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, printed under a notice of proposed rule making, I.D. No. CVS-12-18- email: [email protected] 00012-P, Issue of March 21, 2018. Data, views or arguments may be submitted to: Marc Hannibal, Counsel,

8 NYS Register/May 23, 2018 Rule Making Activities

NYS Department of Civil Service, Empire State Plaza, Agency Building PROPOSED RULE MAKING 1, Albany, NY 12239, (518) 473-2624, email: [email protected] NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Jurisdictional Classification Regulatory Impact Statement I.D. No. CVS-21-18-00010-P A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was previously printed under a notice of proposed rule making, I.D. No. CVS- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 12-18-00012-P, Issue of March 21, 2018. cedure Act, NOTICE is hereby given of the following proposed rule: Regulatory Flexibility Analysis Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. A regulatory flexibility analysis is not submitted with this notice because Statutory authority: Civil Service Law, section 6(1) this rule is subject to a consolidated regulatory flexibility analysis that was Subject: Jurisdictional Classification. previously printed under a notice of proposed rule making, I.D. No. CVS- Purpose: To classify positions in the non-competitive class. 12-18-00012-P, Issue of March 21, 2018. Text of proposed rule: Amend Appendix 2 of the Rules for the Classified Rural Area Flexibility Analysis Service, listing positions in the non-competitive class, in the Department of Corrections and Community Supervision, by increasing the number of A rural area flexibility analysis is not submitted with this notice because positions of øAssistant Counsel from 5 to 8, Assistant Parole Services this rule is subject to a consolidated rural area flexibility analysis that was Program Specialist from 10 to 18 and øParole Services Program Specialist previously printed under a notice of proposed rule making, I.D. No. CVS- from 7 to 8. 12-18-00012-P, Issue of March 21, 2018. Text of proposed rule and any required statements and analyses may be Job Impact Statement obtained from: Jennifer Paul, NYS Department of Civil Service, Empire A job impact statement is not submitted with this notice because this rule State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, is subject to a consolidated job impact statement that was previously email: [email protected] printed under a notice of proposed rule making, I.D. No. CVS-12-18- Data, views or arguments may be submitted to: Marc Hannibal, Counsel, 00012-P, Issue of March 21, 2018. NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] PROPOSED RULE MAKING Public comment will be received until: 60 days after publication of this NO HEARING(S) SCHEDULED notice. Regulatory Impact Statement Jurisdictional Classification A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was I.D. No. CVS-21-18-00009-P previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Regulatory Flexibility Analysis cedure Act, NOTICE is hereby given of the following proposed rule: A regulatory flexibility analysis is not submitted with this notice because this rule is subject to a consolidated regulatory flexibility analysis that was Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. previously printed under a notice of proposed rule making, I.D. No. CVS- Statutory authority: Civil Service Law, section 6(1) 12-18-00012-P, Issue of March 21, 2018. Subject: Jurisdictional Classification. Rural Area Flexibility Analysis Purpose: To classify a position in the non-competitive class. A rural area flexibility analysis is not submitted with this notice because Text of proposed rule: Amend Appendix 2 of the Rules for the Classified this rule is subject to a consolidated rural area flexibility analysis that was Service, listing positions in the non-competitive class, in the Department previously printed under a notice of proposed rule making, I.D. No. CVS- of Health, by adding thereto the position of Assistant Counsel (1). 12-18-00012-P, Issue of March 21, 2018. Text of proposed rule and any required statements and analyses may be Job Impact Statement obtained from: Jennifer Paul, NYS Department of Civil Service, Empire A job impact statement is not submitted with this notice because this rule State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, is subject to a consolidated job impact statement that was previously email: [email protected] printed under a notice of proposed rule making, I.D. No. CVS-12-18- Data, views or arguments may be submitted to: Marc Hannibal, Counsel, 00012-P, Issue of March 21, 2018. NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] PROPOSED RULE MAKING Public comment will be received until: 60 days after publication of this NO HEARING(S) SCHEDULED notice. Regulatory Impact Statement Jurisdictional Classification A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was I.D. No. CVS-21-18-00011-P previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Regulatory Flexibility Analysis cedure Act, NOTICE is hereby given of the following proposed rule: A regulatory flexibility analysis is not submitted with this notice because Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. this rule is subject to a consolidated regulatory flexibility analysis that was Statutory authority: Civil Service Law, section 6(1) previously printed under a notice of proposed rule making, I.D. No. CVS- Subject: Jurisdictional Classification. 12-18-00012-P, Issue of March 21, 2018. Purpose: To classify positions in the non-competitive class. Rural Area Flexibility Analysis Text of proposed rule: Amend Appendix 2 of the Rules for the Classified A rural area flexibility analysis is not submitted with this notice because Service, listing positions in the non-competitive class, in the Executive this rule is subject to a consolidated rural area flexibility analysis that was Department under the subheading “Office of General Services,” by adding previously printed under a notice of proposed rule making, I.D. No. CVS- thereto the positions of Contract Management Specialist 1 (Market Analy- 12-18-00012-P, Issue of March 21, 2018. sis) (1) and Contract Management Specialist 2 (Market Analysis) (13). Job Impact Statement Text of proposed rule and any required statements and analyses may be A job impact statement is not submitted with this notice because this rule obtained from: Jennifer Paul, NYS Department of Civil Service, Empire is subject to a consolidated job impact statement that was previously State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, printed under a notice of proposed rule making, I.D. No. CVS-12-18- email: [email protected] 00012-P, Issue of March 21, 2018. Data, views or arguments may be submitted to: Marc Hannibal, Counsel,

9 Rule Making Activities NYS Register/May 23, 2018

NYS Department of Civil Service, Empire State Plaza, Agency Building PROPOSED RULE MAKING 1, Albany, NY 12239, (518) 473-2624, email: [email protected] NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Jurisdictional Classification Regulatory Impact Statement A regulatory impact statement is not submitted with this notice because I.D. No. CVS-21-18-00013-P this rule is subject to a consolidated regulatory impact statement that was previously printed under a notice of proposed rule making, I.D. No. CVS- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 12-18-00012-P, Issue of March 21, 2018. cedure Act, NOTICE is hereby given of the following proposed rule: Regulatory Flexibility Analysis Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. A regulatory flexibility analysis is not submitted with this notice because Statutory authority: Civil Service Law, section 6(1) this rule is subject to a consolidated regulatory flexibility analysis that was Subject: Jurisdictional Classification. previously printed under a notice of proposed rule making, I.D. No. CVS- Purpose: To delete positions from and classify positions in the non- 12-18-00012-P, Issue of March 21, 2018. competitive class. Rural Area Flexibility Analysis Text of proposed rule: Amend Appendix 2 of the Rules for the Classified A rural area flexibility analysis is not submitted with this notice because Service, listing positions in the non-competitive class, in the Education Department under the subheading “New York State Higher Education Ser- this rule is subject to a consolidated rural area flexibility analysis that was vices Corporation,” by deleting therefrom the position of øAffirmative previously printed under a notice of proposed rule making, I.D. No. CVS- Action Administrator 2 (1); in the Executive Department under the 12-18-00012-P, Issue of March 21, 2018. subheading “Office of Information Technology Services,” by deleting Job Impact Statement therefrom the positions of øDirector Information Technology Services 1 A job impact statement is not submitted with this notice because this rule (1) and by decreasing the number of positions of øManager Information is subject to a consolidated job impact statement that was previously Technology Services 2 from 2 to 1; in the Department of Family Assis- printed under a notice of proposed rule making, I.D. No. CVS-12-18- tance under the subheading “Office of Temporary and Disability Assis- 00012-P, Issue of March 21, 2018. tance,” by deleting therefrom the positions of Immigrant Community Specialist 1 (1) and Immigrant Community Specialist 2 (5); in the Execu- PROPOSED RULE MAKING tive Department under the subheading “Office of General Services,” by adding thereto the position of øAffirmative Action Administrator 2 (1); in NO HEARING(S) SCHEDULED the Department of Financial Services, by adding thereto the positions of øDirector Information Technology Services 1 (1) and øManager Informa- Jurisdictional Classification tion Technology Services 2 (1); and, in the Department of State, by adding I.D. No. CVS-21-18-00012-P thereto the positions of Immigrant Community Specialist 1 (1) and Im- migrant Community Specialist 2 (5). Text of proposed rule and any required statements and analyses may be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- obtained from: Jennifer Paul, NYS Department of Civil Service, Empire cedure Act, NOTICE is hereby given of the following proposed rule: State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. email: [email protected] Statutory authority: Civil Service Law, section 6(1) Data, views or arguments may be submitted to: Marc Hannibal, Counsel, Subject: Jurisdictional Classification. NYS Department of Civil Service, Empire State Plaza, Agency Building Purpose: To classify positions in the non-competitive class. 1, Albany, NY 12239, (518) 473-2624, email: [email protected] Text of proposed rule: Amend Appendix 2 of the Rules for the Classified Public comment will be received until: 60 days after publication of this Service, listing positions in the non-competitive class, in the Executive notice. Department under the subheading “Gaming Commission,” by adding Regulatory Impact Statement thereto the positions of Minority Business Specialist 1 (1) and Minority A regulatory impact statement is not submitted with this notice because Business Specialist 2 (1). this rule is subject to a consolidated regulatory impact statement that was Text of proposed rule and any required statements and analyses may be previously printed under a notice of proposed rule making, I.D. No. CVS- obtained from: Jennifer Paul, NYS Department of Civil Service, Empire 12-18-00012-P, Issue of March 21, 2018. State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, Regulatory Flexibility Analysis email: [email protected] A regulatory flexibility analysis is not submitted with this notice because Data, views or arguments may be submitted to: Marc Hannibal, Counsel, this rule is subject to a consolidated regulatory flexibility analysis that was NYS Department of Civil Service, Empire State Plaza, Agency Building previously printed under a notice of proposed rule making, I.D. No. CVS- 1, Albany, NY 12239, (518) 473-2624, email: [email protected] 12-18-00012-P, Issue of March 21, 2018. Public comment will be received until: 60 days after publication of this Rural Area Flexibility Analysis notice. A rural area flexibility analysis is not submitted with this notice because Regulatory Impact Statement this rule is subject to a consolidated rural area flexibility analysis that was A regulatory impact statement is not submitted with this notice because previously printed under a notice of proposed rule making, I.D. No. CVS- this rule is subject to a consolidated regulatory impact statement that was 12-18-00012-P, Issue of March 21, 2018. previously printed under a notice of proposed rule making, I.D. No. CVS- Job Impact Statement 12-18-00012-P, Issue of March 21, 2018. A job impact statement is not submitted with this notice because this rule Regulatory Flexibility Analysis is subject to a consolidated job impact statement that was previously A regulatory flexibility analysis is not submitted with this notice because printed under a notice of proposed rule making, I.D. No. CVS-12-18- this rule is subject to a consolidated regulatory flexibility analysis that was 00012-P, Issue of March 21, 2018. previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. PROPOSED RULE MAKING Rural Area Flexibility Analysis NO HEARING(S) SCHEDULED A rural area flexibility analysis is not submitted with this notice because this rule is subject to a consolidated rural area flexibility analysis that was Jurisdictional Classification previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. I.D. No. CVS-21-18-00014-P Job Impact Statement A job impact statement is not submitted with this notice because this rule PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- is subject to a consolidated job impact statement that was previously cedure Act, NOTICE is hereby given of the following proposed rule: printed under a notice of proposed rule making, I.D. No. CVS-12-18- Proposed Action: Amendment of Appendices 1 and 2 of Title 4 NYCRR. 00012-P, Issue of March 21, 2018. Statutory authority: Civil Service Law, section 6(1)

10 NYS Register/May 23, 2018 Rule Making Activities

Subject: Jurisdictional Classification. Regulatory Impact Statement Purpose: To delete positions from and classify positions in the exempt A regulatory impact statement is not submitted with this notice because and non-competitive classes. this rule is subject to a consolidated regulatory impact statement that was Text of proposed rule: Amend Appendix 1 of the Rules for the Classified previously printed under a notice of proposed rule making, I.D. No. CVS- Service, listing positions in the exempt class, in the Executive Department 12-18-00012-P, Issue of March 21, 2018. under the subheading “Office of General Services,” by deleting therefrom the position of Regional Director Public Buildings Management and by Regulatory Flexibility Analysis increasing the number of positions of Building Superintendent from 12 to A regulatory flexibility analysis is not submitted with this notice because 13; and this rule is subject to a consolidated regulatory flexibility analysis that was Amend Appendix 2 of the Rules for the Classified Service, listing posi- previously printed under a notice of proposed rule making, I.D. No. CVS- tions in the non-competitive class, in the Department of Family Assistance under the subheading “Office of Children and Family Services,” by delet- 12-18-00012-P, Issue of March 21, 2018. ing therefrom the position of Agency Emergency Management Coordina- Rural Area Flexibility Analysis tor (OCFS) (1) and by adding thereto the position of Agency Emergency A rural area flexibility analysis is not submitted with this notice because Management Coordinator (1); and, in the Department of Labor under the this rule is subject to a consolidated rural area flexibility analysis that was subheading “State Insurance Fund,” by deleting therefrom the position of previously printed under a notice of proposed rule making, I.D. No. CVS- øDirector Training 2 (1) and by adding thereto the position of øAssociate 12-18-00012-P, Issue of March 21, 2018. Director Training 2 (1). Text of proposed rule and any required statements and analyses may be Job Impact Statement obtained from: Jennifer Paul, NYS Department of Civil Service, Empire A job impact statement is not submitted with this notice because this rule State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, is subject to a consolidated job impact statement that was previously email: [email protected] printed under a notice of proposed rule making, I.D. No. CVS-12-18- Data, views or arguments may be submitted to: Marc Hannibal, Counsel, 00012-P, Issue of March 21, 2018. NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] PROPOSED RULE MAKING Public comment will be received until: 60 days after publication of this NO HEARING(S) SCHEDULED notice. Regulatory Impact Statement Jurisdictional Classification A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was I.D. No. CVS-21-18-00016-P previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Regulatory Flexibility Analysis cedure Act, NOTICE is hereby given of the following proposed rule: A regulatory flexibility analysis is not submitted with this notice because Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. this rule is subject to a consolidated regulatory flexibility analysis that was Statutory authority: Civil Service Law, section 6(1) previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. Subject: Jurisdictional Classification. Rural Area Flexibility Analysis Purpose: To classify positions in the non-competitive class. A rural area flexibility analysis is not submitted with this notice because Text of proposed rule: Amend Appendix 2 of the Rules for the Classified this rule is subject to a consolidated rural area flexibility analysis that was Service, listing positions in the non-competitive class, in the Executive previously printed under a notice of proposed rule making, I.D. No. CVS- Department under the subheading “Division of Homeland Security and 12-18-00012-P, Issue of March 21, 2018. Emergency Services,” by adding thereto the positions of DHSES Logistics Manager (1), DHSES Logistics Specialist (6) and DHSES Logistics Job Impact Statement Supervisor (3). A job impact statement is not submitted with this notice because this rule is subject to a consolidated job impact statement that was previously Text of proposed rule and any required statements and analyses may be printed under a notice of proposed rule making, I.D. No. CVS-12-18- obtained from: Jennifer Paul, NYS Department of Civil Service, Empire 00012-P, Issue of March 21, 2018. State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: [email protected] PROPOSED RULE MAKING Data, views or arguments may be submitted to: Marc Hannibal, Counsel, NO HEARING(S) SCHEDULED NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] Jurisdictional Classification Public comment will be received until: 60 days after publication of this notice. I.D. No. CVS-21-18-00015-P Regulatory Impact Statement A regulatory impact statement is not submitted with this notice because PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- this rule is subject to a consolidated regulatory impact statement that was cedure Act, NOTICE is hereby given of the following proposed rule: previously printed under a notice of proposed rule making, I.D. No. CVS- Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. 12-18-00012-P, Issue of March 21, 2018. Statutory authority: Civil Service Law, sction 6(1) Regulatory Flexibility Analysis Subject: Jurisdictional Classification. A regulatory flexibility analysis is not submitted with this notice because Purpose: To classify a position in the non-competitive class. this rule is subject to a consolidated regulatory flexibility analysis that was Text of proposed rule: Amend Appendix 2 of the Rules for the Classified previously printed under a notice of proposed rule making, I.D. No. CVS- Service, listing positions in the non-competitive class, in the New York 12-18-00012-P, Issue of March 21, 2018. State Bridge Authority, by adding thereto the position of Compliance Specialist 1 (1). Rural Area Flexibility Analysis Text of proposed rule and any required statements and analyses may be A rural area flexibility analysis is not submitted with this notice because obtained from: Jennifer Paul, NYS Department of Civil Service, Empire this rule is subject to a consolidated rural area flexibility analysis that was State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, previously printed under a notice of proposed rule making, I.D. No. CVS- email: [email protected] 12-18-00012-P, Issue of March 21, 2018. Data, views or arguments may be submitted to: Marc Hannibal, Counsel, Job Impact Statement NYS Department of Civil Service, Empire State Plaza, Agency Building A job impact statement is not submitted with this notice because this rule 1, Albany, NY 12239, (518) 473-2624, email: [email protected] is subject to a consolidated job impact statement that was previously Public comment will be received until: 60 days after publication of this printed under a notice of proposed rule making, I.D. No. CVS-12-18- notice. 00012-P, Issue of March 21, 2018.

11 Rule Making Activities NYS Register/May 23, 2018

PROPOSED RULE MAKING deleting therefrom the position of Assistant Deputy Director, Veterans’Af- fairs Field Operations; in the Executive Department under the subheading NO HEARING(S) SCHEDULED “Statewide Financial System,” by deleting therefrom the positions of Director Statewide Financial System and Manager Information Services; Jurisdictional Classification in the Department of Labor under the subheading “Workers’ Compensa- tion Board,” by deleting therefrom the positions of Assistant Director of I.D. No. CVS-21-18-00017-P Workers’ Compensation Inspectional Services, Director of Workers’ Compensation Inspectional Services and Workers’ Compensation Fraud PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Inspector General; in the Department of Family Assistance under the cedure Act, NOTICE is hereby given of the following proposed rule: subheading “Office of Children and Family Services,” by deleting there- Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR. from the position of Planning Coordinator, Family and Children Services; and, in the Department of State under the subheading “Joint Commission Statutory authority: Civil Service Law, section 6(1) on Public Ethics,” by deleting therefrom the positions of Information Subject: Jurisdictional Classification. Technology Specialist (JCOPE) and Training Assistant. Purpose: To classify positions in the exempt class. Text of proposed rule and any required statements and analyses may be Text of proposed rule: Amend Appendix 1 of the Rules for the Classified obtained from: Jennifer Paul, NYS Department of Civil Service, Empire Service, listing positions in the exempt class, in the Department of Health, State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, by increasing the number of positions of Assistant Public Information Of- email: [email protected] ficer from 3 to 6. Data, views or arguments may be submitted to: Marc Hannibal, Counsel, Text of proposed rule and any required statements and analyses may be NYS Department of Civil Service, Empire State Plaza, Agency Building obtained from: Jennifer Paul, NYS Department of Civil Service, Empire 1, Albany, NY 12239, (518) 473-2624, email: [email protected] State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, Public comment will be received until: 60 days after publication of this email: [email protected] notice. Data, views or arguments may be submitted to: Marc Hannibal, Counsel, Regulatory Impact Statement NYS Department of Civil Service, Empire State Plaza, Agency Building A regulatory impact statement is not submitted with this notice because 1, Albany, NY 12239, (518) 473-2624, email: [email protected] this rule is subject to a consolidated regulatory impact statement that was Public comment will be received until: 60 days after publication of this previously printed under a notice of proposed rule making, I.D. No. CVS- notice. 12-18-00012-P, Issue of March 21, 2018. Regulatory Impact Statement Regulatory Flexibility Analysis A regulatory impact statement is not submitted with this notice because A regulatory flexibility analysis is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was this rule is subject to a consolidated regulatory flexibility analysis that was previously printed under a notice of proposed rule making, I.D. No. CVS- previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. 12-18-00012-P, Issue of March 21, 2018. Regulatory Flexibility Analysis Rural Area Flexibility Analysis A regulatory flexibility analysis is not submitted with this notice because A rural area flexibility analysis is not submitted with this notice because this rule is subject to a consolidated regulatory flexibility analysis that was this rule is subject to a consolidated rural area flexibility analysis that was previously printed under a notice of proposed rule making, I.D. No. CVS- previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. 12-18-00012-P, Issue of March 21, 2018. Rural Area Flexibility Analysis Job Impact Statement A rural area flexibility analysis is not submitted with this notice because A job impact statement is not submitted with this notice because this rule this rule is subject to a consolidated rural area flexibility analysis that was is subject to a consolidated job impact statement that was previously previously printed under a notice of proposed rule making, I.D. No. CVS- printed under a notice of proposed rule making, I.D. No. CVS-12-18- 12-18-00012-P, Issue of March 21, 2018. 00012-P, Issue of March 21, 2018. Job Impact Statement PROPOSED RULE MAKING A job impact statement is not submitted with this notice because this rule is subject to a consolidated job impact statement that was previously NO HEARING(S) SCHEDULED printed under a notice of proposed rule making, I.D. No. CVS-12-18- 00012-P, Issue of March 21, 2018. Jurisdictional Classification PROPOSED RULE MAKING I.D. No. CVS-21-18-00019-P NO HEARING(S) SCHEDULED PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: Jurisdictional Classification Proposed Action: Amendment of Appendices 1 and 2 of Title 4 NYCRR. I.D. No. CVS-21-18-00018-P Statutory authority: Civil Service Law, section 6(1) Subject: Jurisdictional Classification. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Purpose: To classify positions in the exempt class and to delete positions cedure Act, NOTICE is hereby given of the following proposed rule: from the non-competitive class. Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR. Text of proposed rule: Amend Appendix 1 of the Rules for the Classified Statutory authority: Civil Service Law, section 6(1) Service, listing positions in the exempt class, in the Department of Labor Subject: Jurisdictional Classification. under the subheading “Administration - General,” by increasing the Purpose: To delete positions from the exempt class. number of positions of Special Assistant from 17 to 22; and Amend Appendix 2 of the Rules for the Classified Service, listing posi- Text of proposed rule: Amend Appendix 1 of the Rules for the Classified tions in the non-competitive class, in the Department of Labor, by deleting Service, listing positions in the exempt class, in the Executive Department therefrom the positions of øAssistant to Deputy Commissioner of Labor under the subheading “Division of Alcoholic Beverage Control,” by delet- (4) and øAssistant to Executive Deputy Commissioner of Labor (1). ing therefrom the position of Director, Alcoholic Beverage Control Licens- ing Operations; in the Executive Department under the subheading “Gam- Text of proposed rule and any required statements and analyses may be ing Commission,” by deleting therefrom the positions of Deputy Director obtained from: Jennifer Paul, NYS Department of Civil Service, Empire Audits Investigations and Licensing and Secretary NYS Racing and Wa- State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, gering Board; in the Executive Department under the subheading “Office email: [email protected] of General Services,” by deleting therefrom the position of Empire State Data, views or arguments may be submitted to: Marc Hannibal, Counsel, Plaza Promotion Manager; in the Executive Department under the NYS Department of Civil Service, Empire State Plaza, Agency Building subheading “Office of Information Technology Services,” by deleting 1, Albany, NY 12239, (518) 473-2624, email: [email protected] therefrom the position of Director Wagering Systems; in the Executive Public comment will be received until: 60 days after publication of this Department under the subheading “Division of Veterans’ Affairs,” by notice.

12 NYS Register/May 23, 2018 Rule Making Activities

Regulatory Impact Statement PROPOSED RULE MAKING A regulatory impact statement is not submitted with this notice because NO HEARING(S) SCHEDULED this rule is subject to a consolidated regulatory impact statement that was previously printed under a notice of proposed rule making, I.D. No. CVS- Jurisdictional Classification 12-18-00012-P, Issue of March 21, 2018. I.D. No. CVS-21-18-00021-P Regulatory Flexibility Analysis A regulatory flexibility analysis is not submitted with this notice because PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- this rule is subject to a consolidated regulatory flexibility analysis that was cedure Act, NOTICE is hereby given of the following proposed rule: previously printed under a notice of proposed rule making, I.D. No. CVS- Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. 12-18-00012-P, Issue of March 21, 2018. Statutory authority: Civil Service Law, section 6(1) Rural Area Flexibility Analysis Subject: Jurisdictional Classification. A rural area flexibility analysis is not submitted with this notice because Purpose: To classify positions in the non-competitive class. this rule is subject to a consolidated rural area flexibility analysis that was Text of proposed rule: Amend Appendix 2 of the Rules for the Classified previously printed under a notice of proposed rule making, I.D. No. CVS- Service, listing positions in the non-competitive class, in the Department 12-18-00012-P, Issue of March 21, 2018. of Corrections and Community Supervision, by increasing the number of Job Impact Statement positions of øAffirmative Action Administrator 2 from 5 to 7. A job impact statement is not submitted with this notice because this rule Text of proposed rule and any required statements and analyses may be obtained from: Jennifer Paul, NYS Department of Civil Service, Empire is subject to a consolidated job impact statement that was previously State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, printed under a notice of proposed rule making, I.D. No. CVS-12-18- email: [email protected] 00012-P, Issue of March 21, 2018. Data, views or arguments may be submitted to: Marc Hannibal, Counsel, NYS Department of Civil Service, Empire State Plaza, Agency Building PROPOSED RULE MAKING 1, Albany, NY 12239, (518) 473-2624, email: [email protected] NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Jurisdictional Classification Regulatory Impact Statement A regulatory impact statement is not submitted with this notice because I.D. No. CVS-21-18-00020-P this rule is subject to a consolidated regulatory impact statement that was previously printed under a notice of proposed rule making, I.D. No. CVS- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 12-18-00012-P, Issue of March 21, 2018. cedure Act, NOTICE is hereby given of the following proposed rule: Regulatory Flexibility Analysis A regulatory flexibility analysis is not submitted with this notice because Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. this rule is subject to a consolidated regulatory flexibility analysis that was Statutory authority: Civil Service Law, section 6(1) previously printed under a notice of proposed rule making, I.D. No. CVS- Subject: Jurisdictional Classification. 12-18-00012-P, Issue of March 21, 2018. Purpose: To delete a position from and classify positions in the non- Rural Area Flexibility Analysis competitive class. A rural area flexibility analysis is not submitted with this notice because this rule is subject to a consolidated rural area flexibility analysis that was Text of proposed rule: Amend Appendix 2 of the Rules for the Classified previously printed under a notice of proposed rule making, I.D. No. CVS- Service, listing positions in the non-competitive class, in the Department 12-18-00012-P, Issue of March 21, 2018. of Civil Service under the subheading “Public Employment Relations Board,” by deleting therefrom the position of øAssistant Trial Examiner Job Impact Statement (1) and by adding thereto the positions of øAssistant Trial Examiner. A job impact statement is not submitted with this notice because this rule is subject to a consolidated job impact statement that was previously Text of proposed rule and any required statements and analyses may be printed under a notice of proposed rule making, I.D. No. CVS-12-18- obtained from: Jennifer Paul, NYS Department of Civil Service, Empire 00012-P, Issue of March 21, 2018. State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email: [email protected] PROPOSED RULE MAKING Data, views or arguments may be submitted to: Marc Hannibal, Counsel, NO HEARING(S) SCHEDULED NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] Jurisdictional Classification Public comment will be received until: 60 days after publication of this I.D. No. CVS-21-18-00022-P notice. Regulatory Impact Statement PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- A regulatory impact statement is not submitted with this notice because cedure Act, NOTICE is hereby given of the following proposed rule: this rule is subject to a consolidated regulatory impact statement that was Proposed Action: Amendment of Appendices 1 and 2 of Title 4 NYCRR. previously printed under a notice of proposed rule making, I.D. No. CVS- Statutory authority: Civil Service Law, section 6(1) 12-18-00012-P, Issue of March 21, 2018. Subject: Jurisdictional Classification. Regulatory Flexibility Analysis Purpose: To delete positions from and classify positions in the exempt A regulatory flexibility analysis is not submitted with this notice because class and to delete a position from the non-competitive class. this rule is subject to a consolidated regulatory flexibility analysis that was Text of proposed rule: Amend Appendix 1 of the Rules for Classified Ser- previously printed under a notice of proposed rule making, I.D. No. CVS- vice, listing positions in the exempt class, in the Department of Mental 12-18-00012-P, Issue of March 21, 2018. Hygiene under the subheading “Office for People with Developmental Disabilities,” by deleting therefrom the positions of Assistant Chief Rural Area Flexibility Analysis Investigations (OPWDD) (5) and by adding thereto the positions of Assis- A rural area flexibility analysis is not submitted with this notice because tant Chief Investigations (6); and this rule is subject to a consolidated rural area flexibility analysis that was Amend Appendix 2 of the Rules for Classified Service, listing positions previously printed under a notice of proposed rule making, I.D. No. CVS- in the non-competitive class, in the Department of Mental Hygiene under the subheading “Office for People with Developmental Disabilities,” by 12-18-00012-P, Issue of March 21, 2018. decreasing the number of positions of Internal Investigator 1 (OPWDD) Job Impact Statement from 65 to 64. A job impact statement is not submitted with this notice because this rule Text of proposed rule and any required statements and analyses may be is subject to a consolidated job impact statement that was previously obtained from: Jennifer Paul, NYS Department of Civil Service, Empire printed under a notice of proposed rule making, I.D. No. CVS-12-18- State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, 00012-P, Issue of March 21, 2018. email: [email protected]

13 Rule Making Activities NYS Register/May 23, 2018

Data, views or arguments may be submitted to: Marc Hannibal, Counsel, PROPOSED RULE MAKING NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Jurisdictional Classification Regulatory Impact Statement I.D. No. CVS-21-18-00024-P A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- previously printed under a notice of proposed rule making, I.D. No. CVS- cedure Act, NOTICE is hereby given of the following proposed rule: 12-18-00012-P, Issue of March 21, 2018. Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR. Regulatory Flexibility Analysis A regulatory flexibility analysis is not submitted with this notice because Statutory authority: Civil Service Law, section 6(1) this rule is subject to a consolidated regulatory flexibility analysis that was Subject: Jurisdictional Classification. previously printed under a notice of proposed rule making, I.D. No. CVS- Purpose: To classify a position in the non-competitive class. 12-18-00012-P, Issue of March 21, 2018. Text of proposed rule: Amend Appendix 2 of the Rules for the Classified Rural Area Flexibility Analysis Service, listing positions in the non-competitive class, in the Department A rural area flexibility analysis is not submitted with this notice because of Environmental Conservation, by adding thereto the position of Public this rule is subject to a consolidated rural area flexibility analysis that was Information Specialist 1 (Digital Content) (1). previously printed under a notice of proposed rule making, I.D. No. CVS- Text of proposed rule and any required statements and analyses may be 12-18-00012-P, Issue of March 21, 2018. obtained from: Jennifer Paul, NYS Department of Civil Service, Empire Job Impact Statement State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, A job impact statement is not submitted with this notice because this rule email: [email protected] is subject to a consolidated job impact statement that was previously Data, views or arguments may be submitted to: Marc Hannibal, Counsel, printed under a notice of proposed rule making, I.D. No. CVS-12-18- NYS Department of Civil Service, Empire State Plaza, Agency Building 00012-P, Issue of March 21, 2018. 1, Albany, NY 12239, (518) 473-2624, email: [email protected] Public comment will be received until: 60 days after publication of this PROPOSED RULE MAKING notice. NO HEARING(S) SCHEDULED Regulatory Impact Statement A regulatory impact statement is not submitted with this notice because Jurisdictional Classification this rule is subject to a consolidated regulatory impact statement that was previously printed under a notice of proposed rule making, I.D. No. CVS- I.D. No. CVS-21-18-00023-P 12-18-00012-P, Issue of March 21, 2018. Regulatory Flexibility Analysis PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- A regulatory flexibility analysis is not submitted with this notice because cedure Act, NOTICE is hereby given of the following proposed rule: this rule is subject to a consolidated regulatory flexibility analysis that was Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR. previously printed under a notice of proposed rule making, I.D. No. CVS- Statutory authority: Civil Service Law, section 6(1) 12-18-00012-P, Issue of March 21, 2018. Subject: Jurisdictional Classification. Rural Area Flexibility Analysis Purpose: To classify a position in the exempt class. A rural area flexibility analysis is not submitted with this notice because Text of proposed rule: Amend Appendix 1 of the Rules for the Classified this rule is subject to a consolidated rural area flexibility analysis that was Service, listing positions in the exempt class, in the Department of Mental previously printed under a notice of proposed rule making, I.D. No. CVS- Hygiene under the subheading “Office of Alcoholism and Substance Abuse 12-18-00012-P, Issue of March 21, 2018. Services,” by increasing the number of positions of Special Assistant from Job Impact Statement 7 to 8. A job impact statement is not submitted with this notice because this rule Text of proposed rule and any required statements and analyses may be is subject to a consolidated job impact statement that was previously obtained from: Jennifer Paul, NYS Department of Civil Service, Empire printed under a notice of proposed rule making, I.D. No. CVS-12-18- State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, 00012-P, Issue of March 21, 2018. email: [email protected] Data, views or arguments may be submitted to: Marc Hannibal, Counsel, NYS Department of Civil Service, Empire State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-2624, email: [email protected] Education Department Public comment will be received until: 60 days after publication of this notice. Regulatory Impact Statement EMERGENCY/PROPOSED A regulatory impact statement is not submitted with this notice because RULE MAKING this rule is subject to a consolidated regulatory impact statement that was previously printed under a notice of proposed rule making, I.D. No. CVS- NO HEARING(S) SCHEDULED 12-18-00012-P, Issue of March 21, 2018. Regulatory Flexibility Analysis Reports of Incidents of Harassment, Bullying And/or A regulatory flexibility analysis is not submitted with this notice because Discrimination Pursuant to the Dignity for All Students Act this rule is subject to a consolidated regulatory flexibility analysis that was (DASA) previously printed under a notice of proposed rule making, I.D. No. CVS- I.D. No. EDU-21-18-00039-EP 12-18-00012-P, Issue of March 21, 2018. Filing No. 452 Rural Area Flexibility Analysis Filing Date: 2018-05-08 A rural area flexibility analysis is not submitted with this notice because this rule is subject to a consolidated rural area flexibility analysis that was Effective Date: 2018-05-08 previously printed under a notice of proposed rule making, I.D. No. CVS- 12-18-00012-P, Issue of March 21, 2018. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Job Impact Statement cedure Act, NOTICE is hereby given of the following action: A job impact statement is not submitted with this notice because this rule Proposed Action: Addition of section 100.2(kk)(1)(x) to Title 8 NYCRR. is subject to a consolidated job impact statement that was previously Statutory authority: Education Law, sections 11(1-7), 13(1), 14(3), 15(not printed under a notice of proposed rule making, I.D. No. CVS-12-18- subdivided), 16(not subdivided), 101(not subdivided), 207(not subdi- 00012-P, Issue of March 21, 2018. vided), 305(1), (2), 2854(1)(b); L. 2010, ch. 482

14 NYS Register/May 23, 2018 Rule Making Activities

Finding of necessity for emergency rule: Preservation of general welfare. Laws of 2010 (Dignity for All Students Act – DASA) establishes defini- Specific reasons underlying the finding of necessity: The proposed tions for purposes of the new Article 2 of the Education Law added by amendment is necessary to implement Regents policy to add a new such statute. subparagraph (x) to include illustrative examples of the types of incidents Education Law section 13, requires school districts to create policies, of harassment, bullying and/or discrimination which shall be reported to procedures and guidelines intended to create a school environment that is the principal, superintendent or designee and may constitute a violation of free from harassment, bullying and discrimination, including provisions the Dignity for All Students Act (DASA). related to making and receiving reports of harassment, bullying and Since the Board of Regents meets at fixed intervals, the earliest the discrimination and the investigation of such reports. proposed rule can be presented for regular (non-emergency) adoption, af- Education Law section 14, requires the Commissioner to promulgate ter expiration of the required 60-day public comment period provided for regulations to assist school districts in implementing DASA. in the State Administrative Procedure Act (SAPA) sections 201(1) and (5), Education Law section 15, requires the Commissioner to create a pro- would be the September 17-18, 2018 Regents meeting. Furthermore, pur- cedure under which material incidents of harassment, bullying or discrimi- suant to SAPA section 203(1), the earliest effective date of the proposed nation on school grounds or at a school function are reported to the State rule, if adopted at the September meeting, would be October 3, 2018, the Education Department at least on an annual basis. The procedure shall date a Notice of Adoption would be published in the State Register. provide that such reports shall, wherever possible, also delineate the However, the proposed rule would further illustrate the types of incidents specific nature of such incidents of harassment, bullying or discrimination. of harassment, bullying and/or discrimination which shall be reported to Education Law section 16, under certain specified conditions, immunity the principal, superintendent or designee when reported to or witnessed by from civil liability on persons reporting discrimination or harassment of a school employee. Therefore, emergency action is necessary at the May students by a school employee or student. The statute further provides that 2018 Regents meeting for the preservation of the general welfare in order no school district or employee shall take, request or cause a retaliatory ac- to ensure that incidents of harassment, bullying and/or discrimination tion against a person, acting reasonably and in good faith, who makes such which may constitute a violation of the Dignity for All Students Act are report or who initiates, testifies, participates or assists in any formal or promptly reported to the principal, superintendent or designee. informal proceeding under Education Law Article 2. It is anticipated that the proposed rule will be presented for adoption as Education Law section 101 continues the existence of the Education a permanent rule at the September 17-18, 2018 Regents meeting, which is Department, with the Board of Regents at its head and the Commissioner the first scheduled meeting after expiration of the 60-day public comment of Education as the chief administrative officer, and charges the Depart- period prescribed in SAPA for State agency rule makings. ment with the general management and supervision of public schools and Subject: Reports of Incidents of Harassment, Bullying and/or Discrimina- the educational work of the State. tion Pursuant to the Dignity for All Students Act (DASA). Education Law section 207 grants general rule-making authority to the Purpose: To provide illustrative examples to the field to aid in the Board of Regents to carry into effect the laws and policies of the State re- continued implementation of DASA. lating to education. Education Law section 305(1) empowers the Commissioner of Educa- Text of emergency/proposed rule: Paragraph (1) of subdivision (kk) of tion to be the chief executive officer of the State system of education and section 100.2 of the Regulations of the Commissioner of Education is the Board of Regents and authorizes the Commissioner to enforce laws re- amended by adding a new subparagraph (x) as follows: lating to the educational system and to execute educational policies (x) For purposes of this section, a “report of harassment, bullying, determined by the Board of Regents. Education Law section 305(2) and/or discrimination” means a written or oral report of harassment, bul- authorizes the Commissioner to have general supervision over all schools lying, and/or discrimination that could constitute a violation of the Dignity subject to the Education Law. for All Students Act (article 2 of the Education Law). Such a report may Education Law section 2854(1)(b) provides that charter schools shall include, but is not limited to, the following examples: meet the same health and safety, civil rights, and student assessment (a) a report regarding the denial of access to school facilities, func- requirements applicable to other public schools, except as otherwise tions, opportunities or programs including, but not limited to, restrooms, specifically provided in Article 56 of the Education Law. changing rooms, locker rooms, and/or field trips, based on a person’s 2. LEGISLATIVE OBJECTIVES: actual or perceived race, color, weight, national origin, ethnic group, Consistent with the above statutory authority, the proposed rule is nec- religion, religious practice, disability, sexual orientation, gender (which essary to implement Regents policy and the Dignity for All Students Act includes gender identity and/or expression), or sex; or to further clarify reports of incidents of harassment, bullying and/or (b) a report regarding application of a dress code, specific grooming discrimination pursuant to DASA. or appearance standards that is based on a person’s actual or perceived 3. NEEDS AND BENEFITS: race, color, weight, national origin, ethnic group, religion, religious In 2010, DASA added a new Article 2 to the Education Law to require, practice, disability, sexual orientation, gender (which includes gender among other things, school districts to create policies and guidelines to be identity and/or expression), or sex; or used in school training programs to discourage harassment, bullying, (c) a report regarding the use of name(s) and pronoun(s) or the and/or discrimination and to enable school personnel to prevent and re- pronunciation of name(s) that is based on a person’s actual or perceived spond to discrimination or harassment. DASA became effective on July 1, race, color, weight, national origin, ethnic group, religion, religious 2012, and was later amended to include cyberbullying, effective July 1, practice, disability, sexual orientation, gender (which includes gender 2013. Subsequently, the Department worked with key stakeholders identity and/or expression), or sex; or through the DASA Task Force to develop and implement guidance and (d) a report regarding any other form of harassment, bullying and/or regulations to assist schools in implementing the provisions of the law. discrimination, based on a person’s actual or perceived race, color, Since the adoption of Commissioner’s Regulations to implement DASA, weight, national origin, ethnic group, religion, religious practice, disabil- the Department has worked to provide training to the field, updates to the ity, sexual orientation, gender (which includes gender identity and/or DASA website, and several guidance documents. expression), or sex. DASA continues to be a powerful tool used to address bullying, This notice is intended: to serve as both a notice of emergency adoption discrimination, and harassment in our schools and to ensure that all and a notice of proposed rule making. The emergency rule will expire students are educated in a safe and supportive school environment. August 5, 2018. However, the issues faced by students and schools in this area continue to Text of rule and any required statements and analyses may be obtained evolve. The Department is committed to working with stakeholders to from: Kirti Goswami, New York State Education Department, Office of ensure that all students have the opportunity to learn and to attend school Counsel, 89 Washington Avenue, Room 112, Albany, NY 12234, (518) free from bullying, harassment, and/or discrimination. 474-6400, email: [email protected] To that end, in July 2015, the Department issued guidance, entitled Data, views or arguments may be submitted to: Renee Rider, Associate “Creating a Safe and Supportive School Environment for Transgender and Commissioner, NYSED, Office of School Operations and Management Gender Nonconforming Students”, to assist school districts in fostering an Services, 89 Washington Avenue, 319M EB, Albany, NY 12234, (518) educational environment for all students that is safe and free from harass- 474-4817, email: [email protected] ment, bullying, and discrimination — regardless of sex, gender identity, or expression — and to facilitate compliance with local, state, and federal Public comment will be received until: 60 days after publication of this laws concerning bullying, harassment, discrimination, and student privacy. notice. At the time the guidance document was issued, the Department received This rule was not under consideration at the time this agency submitted national recognition for the proactive nature of the guidance to protect its Regulatory Agenda for publication in the Register. transgender and gender non-conforming students. In May 2016, this work Regulatory Impact Statement was highlighted by the United States Department of Education as a sample 1. STATUTORY AUTHORITY: policy designed to address bullying, discrimination, and/or harassment of Education Law section 11, as added by section 2 of Chapter 482 of the transgender and gender non-conforming students.

15 Rule Making Activities NYS Register/May 23, 2018

In August 2016, Commissioner Elia, in partnership with Attorney Gen- (c) Costs to private regulated parties: None. eral Schneiderman, issued a memorandum, guidance, and model materials (d) Costs to regulating agency for implementation and continued to assist school districts in complying with DASA. That guidance provided administration of this rule: None. school districts with model forms to assist with investigating and verifying The proposed rule is necessary to clarify the regulation to provide il- reports of bullying, harassment, and/or discrimination. lustrative examples to the field to aid in the continued implementation of In October 2017, the Office of the State Comptroller (OSC) issued an DASA pursuant to Education Law § 14(3) and will not impose any ad- audit report entitled “Implementation of the Dignity for All Students Act”. ditional costs on the State, school districts, BOCES and charter schools, or While OSC noted the efforts made by the Department to provide profes- the State Education Department, beyond those imposed by the statute. sional development and technical assistance and the efforts of school 5. LOCAL GOVERNMENT MANDATES: districts throughout the State to comply with DASA, OSC’s findings also The proposed rule is necessary to clarify the regulation to provide il- revealed a need to provide additional guidance and training to the field, lustrative examples to the field to aid in the continued implementation of particularly in the area of identifying, documenting, investigating, and DASA pursuant to Education Law § 14(3). Additionally, Education Law reporting DASA incidents. § 13 requires that districts have a process for receiving reports of and In February 2017, the Commissioner again issued a joint memorandum investigating oral or written reports of harassment, discrimination and/or with the Attorney General to remind school districts of the obligation to bullying. As such the clarifying amendments will not impose any ad- protect transgender students from bullying, discrimination, and harass- ditional program, service, duty or responsibility beyond those imposed by ment in their schools and at all school functions, despite actions taken by the statute. the United States Department of Education (USDOE) and the United 6. PAPERWORK: States Department of Justice (USDOJ) to rescind previously issued guid- The proposed rule does not impose and new paperwork requirements ance surrounding the protection of transgender and gender non-conforming beyond those already required by statute, but merely provides illustrative students. In response to USDOE’s confirmation in February 2018 that it examples of the types of harassment, bullying and/or discrimination which would no longer investigate civil rights complaints from transgender must be reported to the principal, superintendent, or designee when students denied access to bathrooms consistent with their gender identity, reported to or witnessed by a school employee. the Commissioner and the Attorney General issued another joint memo- 7. DUPLICATION: randum to school districts in which they reiterated New York’s commit- The proposed rule does not duplicate existing State or Federal ment to creating safe and supportive learning environments for all New regulations. York students and school district’s obligation to comply with DASA. 8. ALTERNATIVES: The research shows that bullying and school climate are linked to chil- The proposed rule is necessary to implement Regents policy related to dren’s academic achievement, learning, and development. Specifically, providing illustrative examples of the types of harassment, bullying and/or children who are bullied are more likely to avoid school, more likely to discrimination which must be reported to the principal, superintendent, or drop out of school, have lower academic achievement, have lower self- designee when reported to or witnessed by a school employee in compli- esteem and higher levels of anxiety, depression and loneliness, and are ance with DASA. There are no viable alternatives and none were more likely to attempt suicide, both during childhood and later in life. A considered. recent national survey of school climate found that more than 80 percent 9. FEDERAL STANDARDS: of lesbian, gay, bisexual, and transgender (LGBT) youth reported some There are no related Federal standards. form of bullying or harassment at school. These concerns are especially 10. COMPLIANCE SCHEDULE: urgent for transgender students for whom the data indicates that 1 in 2 The proposed rule is necessary to provide illustrative examples of the transgender students have had at least one suicide attempt by their types of harassment, bullying and/or discrimination which must be twentieth birthday. reported to the principal, superintendent, or designee when reported to or As a result of these developments, Department staff proposes to amend witnessed by a school employee in compliance with DASA. Because the Commissioner’s Regulation § 100.2(kk)(1) to include illustrative ex- rule merely provides additional illustrative examples, it is anticipated that amples of the types of incidents of harassment, bullying and/or discrimina- regulated parties will be able to achieve compliance with proposed rule by tion which must be reported to the principal, superintendent. or designee its effective date. when reported to or witnessed by a school employee. Specifically, the Regulatory Flexibility Analysis proposed amendment includes a definition of “report of harassment, bully- (a) Small businesses: ing, and/or discrimination” to include, but not be limited to, the following The proposed rule is necessary to clarify the regulation to provide il- examples: lustrative examples to the field to aid in the continued implementation of D a report regarding the denial of access to school facilities, functions, DASA pursuant to Education Law § 14(3). Additionally, Education Law opportunities or programs including, but not limited to, restrooms, chang- § 13 requires that districts have a process for receiving reports of and ing rooms, locker rooms, and/or field trips, based on a person’s actual or investigating oral or written reports of harassment, discrimination and/or perceived race, color, weight, national origin, ethnic group, religion, bullying. religious practice, disability, sexual orientation, gender (which includes Because it is evident from the nature of the proposed amendment that it gender identity and/or expression), or sex; or does not affect small businesses, no further measures were needed to D a report regarding application of a dress code, specific grooming or ascertain that fact and none were taken. Accordingly, a regulatory flex- appearance standards that is based on a person’s actual or perceived race, ibility analysis for small businesses is not required and one has not been color, weight, national origin, ethnic group, religion, religious practice, prepared. disability, sexual orientation, gender (which includes gender identity (b) Local governments: and/or expression), or sex; or 1. EFFECT OF RULE: D a report regarding the use of name(s) and pronoun(s) or the pronuncia- The proposed amendment applies to each school district, BOCES and tion of name(s) that is based on a person’s actual or perceived race, color, charter school in the State pursuant to Education Law Article 2. weight, national origin, ethnic group, religion, religious practice, disabil- 2. COMPLIANCE REQUIREMENTS: ity, sexual orientation, gender (which includes gender identity and/or In 2010, DASA added a new Article 2 to the Education Law to require, expression), or sex; or among other things, school districts to create policies and guidelines to be D a report regarding any other form of harassment, bullying, and/or used in school training programs to discourage harassment, bullying, discrimination, based on a person’s actual or perceived race, color, weight, and/or discrimination and to enable school personnel to prevent and re- national origin, ethnic group, religion, religious practice, disability, sexual spond to discrimination or harassment. DASA became effective on July 1, orientation, gender (which includes gender identity and/or expression), or 2012, and was later amended to include cyberbullying, effective July 1, sex. 2013. Subsequently, the Department worked with key stakeholders The Department remains committed to working with all partners through the DASA Task Force to develop and implement guidance and throughout the State to ensure that all students have an opportunity to regulations to assist schools in implementing the provisions of the law. thrive in a school environment that is safe, supportive and free from bully- Since the adoption of Commissioner’s Regulations to implement DASA, ing, harassment, and/or discrimination. We will continue to support district the Department has worked to provide training to the field, updates to the administrators and school staff as they continue to take proactive steps to DASA website, and several guidance documents. create a positive school culture and climate in which students feel safe and DASA continues to be a powerful tool used to address bullying, supported, and fully included. The proposed amendment to Commis- discrimination, and harassment in our schools and to ensure that all sioner’s Regulations § 100.2(kk)(1) is intended to support these efforts by students are educated in a safe and supportive school environment. clarifying and assisting in DASA implementation statewide. However, the issues faced by students and schools in this area continue to 4. COSTS: evolve. The Department is committed to working with stakeholders to (a) Costs to State government: None. ensure that all students have the opportunity to learn and to attend school (b) Costs to local government: None. free from bullying, harassment, and/or discrimination.

16 NYS Register/May 23, 2018 Rule Making Activities

To that end, in July 2015, the Department issued guidance, entitled The Department remains committed to working with all partners “Creating a Safe and Supportive School Environment for Transgender and throughout the State to ensure that all students have an opportunity to Gender Nonconforming Students”, to assist school districts in fostering an thrive in a school environment that is safe, supportive and free from bully- educational environment for all students that is safe and free from harass- ing, harassment, and/or discrimination. We will continue to support district ment, bullying, and discrimination — regardless of sex, gender identity, or administrators and school staff as they continue to take proactive steps to expression — and to facilitate compliance with local, state, and federal create a positive school culture and climate in which students feel safe and laws concerning bullying, harassment, discrimination, and student privacy. supported, and fully included. The proposed amendment to Commis- At the time the guidance document was issued, the Department received sioner’s Regulations § 100.2(kk)(1) is intended to support these efforts by national recognition for the proactive nature of the guidance to protect clarifying and assisting in DASA implementation statewide. transgender and gender non-conforming students. In May 2016, this work 3. PROFESSIONAL SERVICES: was highlighted by the United States Department of Education as a sample The proposed rule does not impose any additional professional services policy designed to address bullying, discrimination, and/or harassment of requirements on local governments. transgender and gender non-conforming students. 4. COMPLIANCE COSTS: In August 2016, Commissioner Elia, in partnership with Attorney Gen- The proposed rule is necessary to clarify the regulation to provide il- eral Schneiderman, issued a memorandum, guidance, and model materials lustrative examples to the field to aid in the continued implementation of to assist school districts in complying with DASA. That guidance provided DASA pursuant to Education Law § 14(3). Additionally, Education Law school districts with model forms to assist with investigating and verifying § 13 requires that districts have a process for receiving reports of and reports of bullying, harassment, and/or discrimination. investigating oral or written reports of harassment, discrimination and/or In October 2017, the Office of the State Comptroller (OSC) issued an bullying. As such the clarifying amendments will not impose any ad- audit report entitled “Implementation of the Dignity for All Students Act”. ditional program, service, duty, responsibility or costs beyond those While OSC noted the efforts made by the Department to provide profes- imposed by the statute. sional development and technical assistance and the efforts of school 5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY: districts throughout the State to comply with DASA, OSC’s findings also The proposed amendment does not impose any new technological revealed a need to provide additional guidance and training to the field, requirements on school districts or charter schools. Economic feasibility is particularly in the area of identifying, documenting, investigating, and addressed in the Costs section above. reporting DASA incidents. 6. MINIMIZING ADVERSE IMPACT: In February 2017, the Commissioner again issued a joint memorandum There were no significant alternatives and none were considered. The with the Attorney General to remind school districts of the obligation to proposed rule is necessary to clarify the regulation to provide illustrative protect transgender students from bullying, discrimination, and harass- examples to the field to aid in the continued implementation of DASA pur- ment in their schools and at all school functions, despite actions taken by suant to Education Law § 14(3). Additionally, Education Law § 13 the United States Department of Education (USDOE) and the United requires that districts have a process for receiving reports of and investigat- States Department of Justice (USDOJ) to rescind previously issued guid- ing oral or written reports of harassment, discrimination and/or bullying. ance surrounding the protection of transgender and gender non-conforming As such the clarifying amendments will not impose any additional students. In response to USDOE’s confirmation in February 2018 that it program, service, duty or responsibility beyond those imposed by the would no longer investigate civil rights complaints from transgender statute. students denied access to bathrooms consistent with their gender identity, Because the statute upon which the proposed amendment is based ap- the Commissioner and the Attorney General issued another joint memo- plies to all school districts in the State and to charter schools and registered randum to school districts in which they reiterated New York’s commit- nonpublic high schools, it is not possible to establish differing compliance ment to creating safe and supportive learning environments for all New or reporting requirements or timetables or to exempt schools from cover- York students and school district’s obligation to comply with DASA. age by the proposed amendment. The research shows that bullying and school climate are linked to chil- 7. LOCAL GOVERNMENT PARTICIPATION: dren’s academic achievement, learning, and development. Specifically, Comments on the proposed rule were solicited from school districts children who are bullied are more likely to avoid school, more likely to through the offices of the district superintendents of each supervisory drop out of school, have lower academic achievement, have lower self- district in the State, from the chief school officers of the five big city school esteem and higher levels of anxiety, depression and loneliness, and are districts and from charter schools. more likely to attempt suicide, both during childhood and later in life. A Rural Area Flexibility Analysis recent national survey of school climate found that more than 80 percent 1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS: of lesbian, gay, bisexual, and transgender (LGBT) youth reported some The proposed amendment applies to each of the 689 public school form of bullying or harassment at school. These concerns are especially districts in the State, charter schools, and registered nonpublic schools in urgent for transgender students for whom the data indicates that 1 in 2 the State, to the extent that they offer instruction in the high school grades, transgender students have had at least one suicide attempt by their including those located in the 44 rural counties with less than 200,000 in- twentieth birthday. habitants and the 71 towns in urban counties with a population density of As a result of these developments, Department staff proposes to amend 150 per square mile or less. At present, there is one charter school located Commissioner’s Regulation § 100.2(kk)(1) to include illustrative ex- in a rural area that is authorized to issue diplomas. amples of the types of incidents of harassment, bullying and/or discrimina- 2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE tion which must be reported to the principal, superintendent. or designee REQUIREMENTS; AND PROFESSIONAL SERVICES: when reported to or witnessed by a school employee. Specifically, the The proposed rule is necessary to clarify the regulation to provide il- proposed amendment includes a definition of “report of harassment, bully- lustrative examples to the field to aid in the continued implementation of ing, and/or discrimination” to include, but not be limited to, the following DASA pursuant to Education Law § 14(3). Additionally, Education Law examples: § 13 requires that districts have a process for receiving reports of and D a report regarding the denial of access to school facilities, functions, investigating oral or written reports of harassment, discrimination and/or opportunities or programs including, but not limited to, restrooms, chang- bullying. As such the clarifying amendments will not impose any ad- ing rooms, locker rooms, and/or field trips, based on a person’s actual or ditional reporting, recordkeeping or professional service beyond those al- perceived race, color, weight, national origin, ethnic group, religion, ready imposed by the statute. religious practice, disability, sexual orientation, gender (which includes 3. COMPLIANCE COSTS: gender identity and/or expression), or sex; or None. D a report regarding application of a dress code, specific grooming or 4. MINIMIZING ADVERSE IMPACT: appearance standards that is based on a person’s actual or perceived race, There were no significant alternatives and none were considered. The color, weight, national origin, ethnic group, religion, religious practice, proposed rule is necessary to clarify the regulation to provide illustrative disability, sexual orientation, gender (which includes gender identity examples to the field to aid in the continued implementation of DASA pur- and/or expression), or sex; or suant to Education Law § 14(3). Additionally, Education Law § 13 D a report regarding the use of name(s) and pronoun(s) or the pronuncia- requires that districts have a process for receiving reports of and investigat- tion of name(s) that is based on a person’s actual or perceived race, color, ing oral or written reports of harassment, discrimination and/or bullying. weight, national origin, ethnic group, religion, religious practice, disabil- As such the clarifying amendments will not impose any additional ity, sexual orientation, gender (which includes gender identity and/or program, service, duty or responsibility beyond those imposed by the expression), or sex; or statute. D a report regarding any other form of harassment, bullying, and/or Because the statute upon which the proposed amendment is based ap- discrimination, based on a person’s actual or perceived race, color, weight, plies to all school districts in the State and to charter schools and registered national origin, ethnic group, religion, religious practice, disability, sexual nonpublic high schools, it is not possible to establish differing compliance orientation, gender (which includes gender identity and/or expression), or or reporting requirements or timetables or to exempt schools in rural areas sex. from coverage by the proposed amendment.

17 Rule Making Activities NYS Register/May 23, 2018

5. RURAL AREA PARTICIPATION: preparation providers in New York State. They indicated that AAQEP of- Comments on the proposed rule were solicited from the Department’s fers a system of accreditation superior to CAEP in a number of essential Rural Advisory Committee, whose membership includes school districts ways, including taking into account differences in institutions and having located in rural areas. a process where institutions undergoing review in the same semester are Job Impact Statement placed in cohorts and can communicate with each other several semesters The proposed amendment is necessary to The proposed rule is neces- in advance of the site visit. They also expressed concerns with particular sary to clarify the regulation to provide illustrative examples to the field to CAEP Standards. AAQEP’s reasonable yet challenging standards, their aid in the continued implementation of DASA pursuant to Education Law collaborative approach with educator preparation providers, and their § 14(3). focus on validity and methodological rigor demonstrate to one commenter The proposed amendment will not have a substantial adverse impact on that they are run by a team of highly respected experts in the field. The jobs or employment opportunities. Because it is evident from the nature of other commenter is impressed with AAQEP’s philosophy that recognizes the proposed amendment that it will have no impact, or a positive impact, the importance of collaboration, a broader view of P-12 partnerships, and on jobs or employment opportunities, no further steps were needed to the encouragement of innovation and continuous improvement. ascertain that fact and none were taken. Accordingly, a job impact state- DEPARTMENT RESPONSE: ment is not required and one has not been prepared. No response is necessary because the comment is supportive. 3. COMMENT: NOTICE OF ADOPTION One commenter expressed frustration over the lengthy comment period for the proposal because her college department of education agreed that Continuous Accreditation Requirement for Educator Preparation AAQEP is a better fit than CAEP for their department, but their CAEP ac- Providers creditation report was due one month before the Board of Regents was scheduled to make a decision about the proposal. As a result, they had to I.D. No. EDU-06-18-00006-A complete a report that they have no intention of following through with Filing No. 447 CAEP. Filing Date: 2018-05-08 DEPARTMENT RESPONSE: The State Administrative Procedure Act requires that all proposed Effective Date: 2018-05-23 rulemakings have a 60-day public comment period. Since this is a statu- tory requirement, no regulatory changes are needed. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: NOTICE OF ADOPTION Action taken: Amendment of Subpart 4-2 and section 52.21 of Title 8 NYCRR. Safety Nets for Teacher Certification Examinations Statutory authority: Education Law, sections 101, 207, 210, 215 and 305 I.D. No. EDU-06-18-00007-A Subject: Continuous accreditation requirement for educator preparation Filing No. 448 providers. Filing Date: 2018-05-08 Purpose: Allows institutions of higher education with registered educator Effective Date: 2018-05-23 preparation programs to be accredited by accrediting association seeking recognition. Text or summary was published in the February 7, 2018 issue of the Reg- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ister, I.D. No. EDU-06-18-00006-P. cedure Act, NOTICE is hereby given of the following action: Final rule as compared with last published rule: No changes. Action taken: Amendment of section 80-1.5 of Title 8 NYCRR. Text of rule and any required statements and analyses may be obtained Statutory authority: Education Law, sections 207, 305, 3001, 3003, 3004 from: Kirti Goswami, NYS Education Department, Office of Counsel, 89 and 3009 Washington Avenue, Room 112, Albany, NY 12234, (518) 474-6400, Subject: Safety nets for teacher certification examinations. email: [email protected] Purpose: Extension of all safety nets to allow candidates to complete all Initial Review of Rule other certification requirements by 6/30/18. As a rule that requires a RFA, RAFA or JIS, this rule will be initially Text or summary was published in the February 7, 2018 issue of the Reg- reviewed in the calendar year 2021, which is no later than the 3rd year af- ister, I.D. No. EDU-06-18-00007-P. ter the year in which this rule is being adopted. Final rule as compared with last published rule: No changes. Assessment of Public Comment Text of rule and any required statements and analyses may be obtained Since publication of the Notice of Proposed Rule Making in the State from: Kirti Goswami, NYS Education Department, 89 Washington Ave- Register on February 7, 2018, the State Education Department (SED) nue, Room 112, Albany, NY 12234, (518) 474-6400, email: received the following comments on the proposed amendment. Below is [email protected] an assessment of the public comments received. Initial Review of Rule 1. COMMENT: Several commenters agreed with the Department’s proposal to allow As a rule that requires a RFA, RAFA or JIS, this rule will be initially institutions to apply for accreditation through an accrediting association reviewed in the calendar year 2021, which is no later than the 3rd year af- that is seeking recognition from the CHEA or USDE, but has not yet ter the year in which this rule is being adopted. achieved recognition status, because it provides them with options for Assessment of Public Comment national accreditation; CAEP would no longer be the only option. At least Since publication of the Notice of Proposed Rule Making in the State two commenters noted that having options for national accreditation is Register on February 7, 2018, the State Education Department (SED) beneficial because it recognizes and allows for variation in educator prep- received the following comments on the proposed amendment. Below is aration providers, including the diversity of size and mission. One com- an assessment of the public comments received. menter also explained that having options promotes transparency and ac- 1. COMMENT: countability and makes all accreditors strive for improvement and Commenter expressed concern that the Department wants to grant certi- responsiveness. In addition, the commenter highlighted the time sensitiv- fication to people with no experience and failing test scores. Commenter ity of adding options because many institutions are in the midst of upcom- noted that there are several teachers with safety nets teaching in schools, ing CAEP accreditation site visits and CAEP continues to be a moving and that is a disaster. target. Another commenter added that the proposal to give institutions five DEPARTMENT RESPONSE: years from the date of notification to successfully complete the accredita- The commenter is concerned with the use of safety nets to satisfy tion process with an accrediting association that is seeking recognition teacher certification requirements in general and does not refer to specific from the CHEA or USDE is fair and reasonable. issues with the Department’s proposal to remove a deadline related to the DEPARTMENT RESPONSE: safety nets. No response is necessary because the comments are supportive. At this time, the Commissioner’s Regulations require candidates to 2. COMMENT: complete all other certification requirements on or before June 30, 2018 to Two commenters support the Department’s proposal because it would be eligible to use one of the safety nets for the teacher certification specifically allow the Association for Advancing Quality in Educator Prep- examinations. The Department is proposing to eliminate this requirement aration (AAQEP) to become an option for the accreditation of educator for candidates who use one or more safety nets. Candidates must continue

18 NYS Register/May 23, 2018 Rule Making Activities to take advantage of safety nets before their applicable expiration date(s), though the NYSPA did have representation on the New York State Mental as outlined in Section 80-1.5 of the Commissioner’s Regulations; however, Health Education Advisory Council, the Department extended the op- they do not have to complete all additional requirements for certification portunity for additional NYSPA members to participate. by June 30, 2018. Currently, the June 30, 2018 deadline would require 2. COMMENT: candidates to complete the additional certification requirements prior to Commenter, a family practitioner, expressed the importance including the expiration dates for the safety nets for the EAS and the CST. The at least one experienced primary care physician with experience teaching proposed amendment provides candidates with flexibility to complete all day-to-day mental health with patients on the New York State Mental additional certification requirements at their own pace while still being Health Education Advisory Council. Commenter was particularly con- cerned with the expertise necessary to develop useful curriculum to be required to take advantage of the safety nets by their applicable expiration developed for classroom teachers. date(s). DEPARTMENT RESPONSE: 2. COMMENT: No response necessary as the comment is outside the scope of the Commenter thinks that the teacher safety net should not have been proposed rule. However, the Department extended the opportunity to this removed and recommends extending the safety net until the teacher profes- individual to participate as a member of the New York State Mental Health sion improves. Education Advisory Council. DEPARTMENT RESPONSE: The Department’s proposal to remove a deadline related to the safety NOTICE OF ADOPTION nets does not discontinue the use of safety nets for the teacher certification examinations. Candidates could continue to take advantage of safety nets Graduate Admission Examination Requirements before their applicable expiration date(s), as outlined in Section 80-1.5 of the Commissioner’s Regulations; however, they would not have to I.D. No. EDU-06-18-00009-A complete all additional requirements for certification on or before June 30, Filing No. 450 2018. The current June 30, 2018 deadline would require candidates to Filing Date: 2018-05-08 complete the additional certification requirements prior to the expiration Effective Date: 2018-05-23 dates for the safety nets for the EAS and the CST. The proposed amend- ment provides candidates with flexibility to complete all additional certifi- cation requirements at their own pace while still being required to take PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- advantage of the safety nets by their applicable expiration date(s). cedure Act, NOTICE is hereby given of the following action: 3. COMMENT: Action taken: Amendment of section 52.21 of Title 8 NYCRR. Commenter requests eliminating the edTPA requirement for teacher Statutory authority: Education Law, sections 101, 207, 210-a; L. 2017, certification, especially for out-of-state certified teachers. ch. 454 DEPARTMENT RESPONSE: Subject: Graduate admission examination requirements. No response is necessary because the edTPA requirement for teacher certification is not related to the Department’s proposal regarding safety Purpose: To implement chapter 454 of the Laws of 2017. nets. Text or summary was published in the February 7, 2018 issue of the Reg- ister, I.D. No. EDU-06-18-00009-EP. NOTICE OF ADOPTION Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained Mental Health Education from: Kirti Goswami, NYS Education Department, Office of Counsel, 89 I.D. No. EDU-06-18-00008-A Washington Avenue, Room 112, Albany, NY 12234, (518) 474-6400, email: [email protected] Filing No. 449 Initial Review of Rule Filing Date: 2018-05-08 As a rule that requires a RFA, RAFA or JIS, this rule will be initially Effective Date: 2018-07-01 reviewed in the calendar year 2021, which is no later than the 3rd year af- ter the year in which this rule is being adopted. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Assessment of Public Comment cedure Act, NOTICE is hereby given of the following action: The agency received no public comment. Action taken: Amendment of sections 135.1 and 135.3 of Title 8 NYCRR. Statutory authority: Education Law, sections 101(notsubdivided), 207(not NOTICE OF ADOPTION subdivided), 305(1), (2), 308(not subdivided), 804(1)-(7); L. 1998, ch. 401; L. 2016, ch. 390; L. 2017, ch. 1 Endorsement Requirements for Licensure as a Dentist Subject: Mental Health Education. I.D. No. EDU-06-18-00010-A Purpose: To implement the provisions of chapter 390 of the Laws of 2016 Filing No. 451 and chapter 1 of the Laws of 2017. Filing Date: 2018-05-08 Text or summary was published in the February 7, 2018 issue of the Reg- ister, I.D. No. EDU-06-18-00008-P. Effective Date: 2018-05-23 Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- from: Kirti Goswami, NYS Education Department, Office of Counsel, 89 cedure Act, NOTICE is hereby given of the following action: Washington Avenue, Room 112, Albany, NY 12234, (518) 474-6400, Action taken: Amendment of section 61.4 of Title 8 NYCRR. email: [email protected] Statutory authority: Education Law, sections 207(not subdivided), Initial Review of Rule 6504(not subdivided), 6506(6), 6507(2) and 6604(3) As a rule that requires a RFA, RAFA or JIS, this rule will be initially Subject: Endorsement Requirements for Licensure as a Dentist. reviewed in the calendar year 2021, which is no later than the 3rd year af- Purpose: To permit dentists with licenses issued by a Canadian province ter the year in which this rule is being adopted. to become licensed dentists in New York State by endorsement. Assessment of Public Comment Text or summary was published in the February 7, 2018 issue of the Reg- Since publication of a Notice of Proposed Rule Making in the State ister, I.D. No. EDU-06-18-00010-P. Register on February 7, 2018, the State Education Department (SED) Final rule as compared with last published rule: No changes. received the following comments on the proposed amendment. 1. COMMENT: Text of rule and any required statements and analyses may be obtained The New York State Psychological Association (NYSPA), strongly sup- from: Kirti Goswami, NYS Education Department, Office of Counsel, 89 ports the proposed amendments to § 135.1 and § 135.3 related to mental Washington Avenue, Room 112, Albany, NY 12234, (518) 474-6400, health instruction in schools. The NYSPA additionally requested the op- email: [email protected] portunity to participate on the New York State Mental Health Education Initial Review of Rule Advisory Council. As a rule that requires a RFA, RAFA or JIS, this rule will be initially DEPARTMENT RESPONSE: reviewed in the calendar year 2021, which is no later than the 3rd year af- No response necessary as the comment is supportive. However, al- ter the year in which this rule is being adopted.

19 Rule Making Activities NYS Register/May 23, 2018

Assessment of Public Comment (1) Education: The candidate shall meet the education requirement Since publication of a Notice of Proposed Rulemaking in the February by satisfactorily completing a master’s or higher degree program in 7, 2018 State Register, the State Education Department received the fol- speech-language pathology accredited by the American Speech, Language, lowing comments: and Hearing Association (ASHA) from a regionally or nationally accred- 1. COMMENT: ited institution of higher education in the U.S. or its territories or from an The Federal Trade Commission of the United States of America (FTC), institution of higher education authorized by the Regents to confer degrees submitted comments in support of the proposed amendment. The FTC and whose programs are registered by the Department. states that its comment on the “proposed amendment builds on [its] (2) Examination: The candidate must achieve a satisfactory passing extensive experience in two important areas that affect many consumers: score on the Educating All Students (EAS) exam. oral health care and occupational licensing barriers to providing health (3) Practicum: The candidate shall satisfactorily complete a college- care services across state boundaries.” The FTC also summarizes some of supervised practicum, as defined in section 52.21(b)(1) of this Title, of 150 its recent law enforcement, research and advocacy activities in these two clock hours that includes experiences with students with speech and areas. The FTC further states that its prior “advocacy comments and activi- language disabilities in early childhood (birth-grade 2), childhood (grades ties, which underscore the importance of licensure portability to an oc- 1-6), middle childhood (grades 5-9), and adolescence (grades 7-12). The cupation and consumers, underpin [its comment on the proposed practicum shall include experiences in elementary and/or secondary amendment].” schools. In summary, the FTC states that “[c]ompetition among health profes- (4) Additional requirements: The candidate must complete all other sionals, including dentists, have the potential to benefit consumers. By requirements for an Initial certificate prescribed in Subpart 80-1 of this extending New York’s existing process for endorsement to dental licenses Title, including all required workshops and fingerprinting. issued by Canadian provinces, the proposed amendment would decrease Text of proposed rule and any required statements and analyses may be barriers to licensure of Canadian dentists and increase the pool of dentists obtained from: Kirti Goswami, NYS Education Department, Office of qualified for licensure. Accordingly, the proposed amendment could Counsel, 89 Washington Avenue, Room 112, Albany, NY 12234, (518) potentially increase the supply of dentists, and thereby promote competi- 474-6400, email: [email protected] tion and consumer choice, increase access to dental care, and decrease the price of dental services. The proposed amendment may promote such Data, views or arguments may be submitted to: Rebecca Coyle, NYS benefits in both underserved areas, such as the North Country region, and Education Department, 89 Washington Avenue, Room 975 EBA, Albany, other areas of New York. It could also improve the ability of dental schools NY 12234, (518) 473-9763, email: [email protected] to recruit Canadian dentists to faculty positions, which might also increase Public comment will be received until: 60 days after publication of this access to care in nearby underserved communities. In sum, [FTC] staff notice. support the proposed amendment because it would likely increase compe- Regulatory Impact Statement tition among dentists, increase access to dental services, improve dental 1. STATUTORY AUTHORITY: outcomes, and reduce consumers’ dental costs, thereby benefitting New Education Law 101 (not subdivided) charges the Department with the York residents.” general management and supervision of all public schools and all of the DEPARTMENT RESPONSE: educational work of the state. No response necessary as the comment is supportive and recognizes Education Law 207 (not subdivided) grants general rule-making author- that the Department is working to both protect the public and provide ity to the Regents to carry into effect State educational laws and policies. greater access to dental care for New Yorkers. Education Law 210 (not subdivided) authorizes the Regents to register 2. COMMENT: domestic and foreign institutions in terms of New York standards. Commenter, who identified himself as a graduate of a California dental Education Law 305(1) authorizes the Commissioner to enforce laws re- school and a holder of a California dentist license, states that he has been lating to the State educational system and execute Regents educational working in Canada as a dentist since his graduation and supports the policies. Section 305(2) provides the Commissioner with general supervi- proposed amendment because he would like to work in New York and sion over schools and authority to advise and guide school district officers contribute to the oral health of the population. in their duties and the general management of their schools. DEPARTMENT RESPONSE: Education Law 3001 establishes the qualifications of teachers in the No response necessary as the comment is supportive and recognizes classroom. that the Department is working to both protect the public and provide Education Law 3004(1) authorizes the Commissioner to promulgate greater access to dental care for New Yorkers. regulations governing the certification requirements for teachers employed in public schools. PROPOSED RULE MAKING Education Law 3009 prohibits school district money from being used to NO HEARING(S) SCHEDULED pay the salary of an unqualified teacher. 2. LEGISLATIVE OBJECTIVES: Allow Individuals Completing a Program Accredited by the The purpose of the proposed amendment to add a new Section 80-3.16 American Speech, Language, and Hearing Association (ASHA) to of the Regulations of the Commissioner of Education is to allow candidates who complete a speech-language pathology program accredited by ASHA Obtain an Initial Teaching Certificate to obtain an Initial certificate in speech and language disabilities (all I.D. No. EDU-21-18-00040-P grades). In New York State, candidates can obtain this certificate by completing an approved teacher education program in speech and language disabilities or meeting certification requirements through indi- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- vidual evaluation, which includes completion of a college-supervised cedure Act, NOTICE is hereby given of the following proposed rule: practicum of 150 hours. However, most other states do not require comple- Proposed Action: Amendment of section 80-3.16 of Title 8 NYCRR. tion of a teacher education program for individuals to provide speech ser- Statutory authority: Education Law, sections 101, 207, 305, 3001, 3004 vices in a school or have speech language pathology programs that may and 3009 include very little pedagogical coursework for classroom instruction. As such, most institutions of higher education outside of New York do not Subject: Allow Individuals Completing a Program Accredited by the have separate teacher education programs in speech and language American Speech, Language, and Hearing Association (ASHA) to Obtain disabilities. Rather, most other states require completion of a program ac- an Initial Teaching Certificate. credited by the American Speech, Language, and Hearing Association Purpose: Allow individuals completing a program accredited by ASHA to (ASHA) for individuals to provide speech services in school. obtain an initial certificate in speech language disabilities. 3. NEEDS AND BENEFITS: Text of proposed rule: 1. A new section 80-3.16 shall be added to the There is currently a shortage of teachers in the area of speech and Regulations of the Commissioner of Education as follows: language disabilities in districts across the state. To help alleviate this § 80-3.16 Additional Certification Pathway for an Initial Certificate for shortage area, the proposed certification pathway for candidates who Certain Teacher Candidates Completing a Speech-Language Pathology complete a speech-language pathology program accredited by ASHA Program Accredited by the American Speech, Language and Hearing would provide another option for qualified candidates both out of state and Association. in New York to obtain an Initial certificate in speech and language dis- (a) Initial teaching certificate for candidates completing a speech- abilities (all grades). language pathology program accredited by the American Speech, Lan- 4. COSTS: guage, and Hearing Association (ASHA). In lieu of meeting the require- a. Costs to State government: The amendments do not impose any costs ments prescribed in section 80-3.3 of this Subpart, a candidate may meet on State government, including the State Education Department. the following requirements for an initial certificate as a teacher of speech b. Costs to local government: The amendments do not impose any costs and language disabilities (all grades): on local government.

20 NYS Register/May 23, 2018 Rule Making Activities

c. Costs to private regulated parties: The amendment do not impose any complete a speech-language pathology program accredited by ASHA costs on private regulated parties. would provide another option for qualified candidates both out of state and d. Costs to regulating agency for implementation and continued in New York to obtain an Initial certificate in speech and language dis- administration: See above. abilities (all grades). 5. LOCAL GOVERNMENT MANDATES: 3. COSTS: The proposed amendment does not impose any additional program, ser- The proposed amendment does not impose any costs on teacher certifi- vice, duty or responsibility upon any local government. cation candidates and/or the New York State school districts/BOCES who 6. PAPERWORK: wish to hire them. 4. MINIMIZING ADVERSE IMPACT: The proposed amendment does not impose any additional paperwork The Department believes that uniform standards for certification must requirements. be established across the State. Therefore, no alternatives were considered 7. DUPLICATION: for those located in rural areas of the State. The proposed amendment does not duplicate existing State or Federal 5. RURAL AREA PARTICIPATION: requirements. Copies of the proposed amendments have been provided to Rural Advi- 8. ALTERNATIVES: sory Committee for review and comment. Because the State believes that uniform certification standards are required across the State, no alternatives were considered. Job Impact Statement 9. FEDERAL STANDARDS: The purpose of the proposed amendment to add a new Section 80-3.16 There are no applicable Federal standards. of the Regulations of the Commissioner of Education is to allow candidates 10. COMPLIANCE SCHEDULE: who complete a speech-language pathology program accredited by ASHA It is anticipated that the proposed amendment will be permanently to obtain an Initial certificate in speech and language disabilities (all adopted by the Board of Regents at its September 2018 meeting. If adopted grades). at the September meeting, the proposed amendment will become effective There is currently a shortage of teachers in the area of speech and on October 3, 2018. language disabilities in districts across the state. To help alleviate this shortage area, the proposed certification pathway for candidates who Regulatory Flexibility Analysis complete a speech-language pathology program accredited by ASHA The purpose of the proposed amendment to add a new Section 80-3.16 would provide another option for qualified candidates both out of state and of the Regulations of the Commissioner of Education is to allow candidates in New York to obtain an Initial certificate in speech and language dis- who complete a speech-language pathology program accredited by ASHA abilities (all grades). to obtain an Initial certificate in speech and language disabilities (all Because it is evident from the nature of the proposed amendment that it grades). In New York State, candidates can obtain this certificate by will have no impact on the number of jobs or employment opportunities in completing an approved teacher education program in speech and New York State, no further steps were needed to ascertain that fact and language disabilities or meeting certification requirements through indi- none were taken. vidual evaluation, which includes completion of a college-supervised practicum of 150 hours. However, most other states do not require comple- PROPOSED RULE MAKING tion of a teacher education program for individuals to provide speech ser- vices in a school or have speech language pathology programs that may NO HEARING(S) SCHEDULED include very little pedagogical coursework for classroom instruction. As such, most institutions of higher education outside of New York do not Voluntary Institutional Accreditation for Title IV Purposes have separate teacher education programs in speech and language disabilities. Rather, most other states require completion of a program ac- I.D. No. EDU-21-18-00048-P credited by the American Speech, Language, and Hearing Association (ASHA) for individuals to provide speech services in school. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The amendment does not impose any new recordkeeping or other cedure Act, NOTICE is hereby given of the following proposed rule: compliance requirements, and will not have an adverse economic impact Proposed Action: Amendment of section 4-1.3 of Title 8 NYCRR. on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses Statutory authority: Education Law, sections 207, 210, 212, 214, 215 and or local governments, no further steps were needed to ascertain that fact 305 and none were taken. Accordingly, a regulatory flexibility analysis for Subject: Voluntary Institutional Accreditation for Title IV Purposes. small businesses is not required and one has not been prepared. Purpose: To establish a fee structure for institutional accreditation by the Rural Area Flexibility Analysis Board of Regents and Commissioner of Education. 1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS: Text of proposed rule: 1. Subdivision (b) of Section 4-1.3 of the Rules of This proposed amendment applies to all individuals in New York State the Board of Regents, shall be amended, as follows: who complete a speech-language pathology program accredited by the (b) Duration of accreditation. Accreditation shall be for a term of 10 American Speech, Language, and Hearing Association (ASHA) and years unless otherwise limited to a lesser period for good cause as pursue an Initial certificate in the classroom teaching service in speech and determined by the commissioner and the Board of Regents, based upon a language disabilities (all grades), including those located in the 44 rural review conducted pursuant to this Subpart. [The term of accreditation may counties with fewer than 200,000 inhabitants and the 71 towns and urban be extended by the commissioner on one or more occasions for a period counties with a population density of 150 square miles or less. not to exceed 12 months on each occasion for good cause as determined 2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE by the commissioner, including but not limited to inability to conduct site REQUIREMENTS; AND PROFESSIONAL SERVICES: visits because of unforeseen events and the department’s plan to coordi- The purpose of the proposed amendment to add a new Section 80-3.16 nate a site visit with a site visit by another accrediting agency.] One or of the Regulations of the Commissioner of Education is to allow candidates more administrative extensions of the term of accreditation may be granted who complete a speech-language pathology program accredited by ASHA for a period not to exceed 12 months on each occasion for good cause as to obtain an Initial certificate in speech and language disabilities (all determined by the Commissioner, for reasons including but not limited to, grades). In New York State, candidates can obtain this certificate by an inability to conduct site visits because of unforeseen events and/or the completing an approved teacher education program in speech and scheduling of a meeting of the Regents Advisory Council on Institutional language disabilities or meeting certification requirements through indi- Accreditation and/or the Board of Regents, provided however that an vidual evaluation, which includes completion of a college-supervised administrative extension granted by the Commissioner pursuant to this practicum of 150 hours. However, most other states do not require comple- subdivision shall not extend the corrective action period granted to an tion of a teacher education program for individuals to provide speech ser- institution pursuant to section 4-1.3(d)(ii) of this Subpart. vices in a school or have speech language pathology programs that may 2. A new paragraph (i) shall be added to Section 4-1.3 of the Rules of include very little pedagogical coursework for classroom instruction. As the Board of Regents, as follows: such, most institutions of higher education outside of New York do not (i) Fees. have separate teacher education programs in speech and language (1) Applications for initial accreditation pursuant to section 4-1.5 of disabilities. Rather, most other states require completion of a program ac- this Subpart shall include a non-refundable payment of $3,000 to the credited by the American Speech, Language, and Hearing Association Department for expenses related to the review of the self-study submitted (ASHA) for individuals to provide speech services in school. pursuant to section 4-1.5(a)(3) of this Subpart. There is currently a shortage of teachers in the area of speech and (2) Institutions seeking initial accreditation pursuant to this Subpart, language disabilities in districts across the state. To help alleviate this for which the Department has determined that the self-study is sufficient in shortage area, the proposed certification pathway for candidates who depth and breadth to form a reasonable basis for a site review to be

21 Rule Making Activities NYS Register/May 23, 2018 conducted pursuant to section 4-1.5(a)(4) of this Subpart, shall remit to Regents Advisory Council, etc., and that these administrative extensions the Department a fee of $10,000 for expenses related to the site visit and do not extend the corrective action period granted to an institution to come subsequent procedures related to initial accreditation pursuant to this into compliance with the standards for accreditation. Subpart. Upon enactment of the proposed amendment, the Department will (3) Institutions accredited by the Commissioner and the Board of prepare the required compliance report for submission to NACIQI. Regents pursuant to this Subpart shall remit a non-refundable annual fee In the Regents 2017-2018 State Budget Priorities, the Board proposed of $35,000 in a timeframe and manner prescribed by the Department for the enactment of an appropriation that would allow the Department to expenses related to accreditation. Failure to remit the annual fee in accor- charge fees for institutional accreditation and spend the funds raised by dance with the schedule set by the Department shall result in an adverse those fees on expenses incurred in conducting the accreditation function, accreditation action against the institution. including the addition of dedicated accreditation staff. (4) The filing of an appeal of a determination of an adverse accredita- The approved FY 2019 State Budget included the necessary spending tion action pursuant to section 4-1.5(a)(11) of this Subpart shall include a authority language for the Department. An account will be established for payment of $10,000 for expenses related to processing such appeal. the funds raised by fees charged to institutions applying for accreditation (5) The department shall periodically review, and if necessary revise, and those institutions accredited by the Regents and Commissioner of this fee schedule to ensure that it is sufficient to meet the expenses related Education. to accreditation. The proposed amendment establishes a fee structure for institutional ac- creditation by the Board of Regents and Commissioner of Education. The Text of proposed rule and any required statements and analyses may be proposed fee structure is based upon the number of institutions currently obtained from: Kirti Goswami, NYS Education Department, Office of accredited by the Board of Regents and Commissioner. As the number of Counsel, 89 Washington Avenue, Room 112, Albany, NY 12234, (518) accredited institutions changes, the Department will review the fee 474-6400, email: [email protected] scheduled to ensure that it is sufficient to meet the expenses related to ac- Data, views or arguments may be submitted to: Rebecca Coyle, NYS creditation and make recommendations to the Regents for any necessary Education Department, Office of Higher Education, 89 Washington Ave- revisions to the fee schedule. nue, Room 975 EBA, Albany, NY 12234, (518) 473-9763, email: 4. COSTS: [email protected] a. Costs to State government: The amendment does not impose any Public comment will be received until: 60 days after publication of this costs on State government, including the State Education Department. notice. b. Costs to local government: The amendment does not impose any Regulatory Impact Statement costs on local government. 1. STATUTORY AUTHORITY: c. Costs to private regulated parties: The amendment sets out a fee Education Law 207 (not subdivided) grants general rule-making author- schedule for any higher education institution seeking accreditation by the ity to the Regents to carry into effect State educational laws and policies. Department as follows: Education Law 210 authorizes the Board of Regents to register domes- D Applications for initial accreditation pursuant to section 4-1.5 of this tic and foreign institutions in terms of New York standards, and fix the Subpart shall include a non-refundable payment of $3,000 to the Depart- value of degrees, diplomas and certificates issued by institutions of other ment for expenses related to the review of the self-study submitted pursu- states or countries. ant to section 4-1.5(a)(3) of this Subpart. Education Law 212 authorizes the Department to charges fees for cer- D Institutions seeking initial accreditation pursuant to this Subpart, for tificates or permits for which fees are not otherwise provided, as fixed by which the Department has determined that the self-study is sufficient in regulations of the Department. depth and breadth to form a reasonable basis for a site review to be Education Law 215 authorizes the Commissioner to require reports conducted pursuant to section 4-1.5(a)(4) of this Subpart, shall remit to the from schools under State educational supervision. Department a fee of $10,000 for expenses related to the site visit and Education Law 305(1) authorizes the Commissioner to enforce laws re- subsequent procedures related to initial accreditation pursuant to this lating to the State educational system and execute Regents educational Subpart. policies. Section 305(2) provides the Commissioner with general supervi- D Institutions accredited by the Commissioner and the Board of Regents sion over schools and authority to advise and guide school district officers pursuant to this Subpart shall remit a non-refundable annual fee of $35,000 in their duties and the general management of their schools. in a timeframe and manner prescribed by the Department for expenses re- 2. LEGISLATIVE OBJECTIVES: lated to accreditation. Failure to remit the annual fee in accordance with The purpose of the proposed amendment is to clarify that the extensions the schedule set by the Department shall result in an adverse accreditation provided for in the Rules of the Board of Regents are specifically action against the institution. administrative in nature, and are granted for reasons such as the schedul- D The filing of an appeal of a determination of an adverse accreditation ing of site visits, meetings of the Board of Regents or the Regents Advi- action pursuant to section 4-1.5(a)(11) of this Subpart shall include a pay- sory Council, etc., and that these administrative extensions do not extend ment of $10,000 for expenses related to processing such appeal. the corrective action period granted to an institution to come into compli- D The Department shall periodically review, and if necessary revise, ance with the standards for accreditation. The proposed amendment also this fee schedule to ensure that it is sufficient to meet the expenses related establishes a fee structure for institutions of higher education seeking to to accreditation. become accredited or accredited by the Commissioner and the Board of d. Costs to regulating agency for implementation and continued Regents. administration: See above. 3. NEEDS AND BENEFITS: 5. LOCAL GOVERNMENT MANDATES: On February 8, 2018, the Department appeared before the National Ad- The proposed amendment does not impose any additional program, ser- visory Committee on Institutional Quality and Integrity (NACIQI) vice, duty or responsibility upon any local government. concerning the petition of the Board of Regents and Commissioner of 6. PAPERWORK: Education for renewal of recognition by the U.S. Secretary of Education The proposed amendment does not impose any additional paperwork as an institutional accrediting agency. NACIQI is charged with making a requirements. recommendation to the Secretary of Education concerning applications for 7. DUPLICATION: recognition as institutional accrediting agencies. At the February 8, 2018 The proposed amendment does not duplicate existing State or Federal NACIQI meeting, the Committee accepted the following motion concern- requirements. ing the Board of Regents and Commissioner of Education’s recognition: 8. ALTERNATIVES: NACIQI recommends to continue the agency’s current recognition and No alternatives were considered. require the agency to come into compliance within 12 months, and submit 9. FEDERAL STANDARDS: a compliance report 30 days after the 12 month period that demonstrates There are no applicable Federal standards. the agency’s compliance. 10. COMPLIANCE SCHEDULE: NACIQI identified one area of noncompliance in the Rules of the Board It is anticipated that the proposed amendment will be adopted as a per- of Regents regarding the language in § 4-1.3(b) concerning duration of manent rule by the Board of Regents at its September 2018 meeting. If accreditation. NACIQI felt that the language concerning extensions of the adopted at the September 2018 meeting, the proposed amendment will term of accreditation as determined by the Commissioner should be become effective on October 3, 2018. amended to be explicit about the use of administrative extensions, and to Regulatory Flexibility Analysis ensure that enforcement timelines are not exceeded. (a) Local governments: The proposed amendment would make clear that the extensions The amendment does not impose any new recordkeeping or other provided for in this section of the Rules of the Board of Regents are compliance requirements, and will not have an adverse economic impact specifically administrative in nature, and are granted for reasons such as on local governments. Because it is evident from the nature of the proposed the scheduling of site visits, meetings of the Board of Regents or the amendment that it does not affect local governments, no further steps were

22 NYS Register/May 23, 2018 Rule Making Activities needed to ascertain that fact and one were taken. Accordingly, a regulatory D The Department shall periodically review, and if necessary revise, flexibility analysis for local governments is not required and one has not this fee schedule to ensure that it is sufficient to meet the expenses related been prepared. to accreditation. (b) Small businesses: 5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY: 1. EFFECT OF RULE: The proposed amendment does not impose any additional technological The Office of College and University Evaluation Services estimates requirements on any regulated parties. that there are at least 10 currently accredited institutions currently operat- 6. MINIMIZING ADVERSE IMPACT: ing as small businesses with fewer than 100 employees in this State. In an effort to have uniform standards for all accredited institutions 2. COMPLIANCE REQUIREMENTS: across the State, no alternatives were considered. On February 8, 2018, the Department appeared before the National Ad- 7. LOCAL GOVERNMENT PARTICIPATION: visory Committee on Institutional Quality and Integrity (NACIQI) Comments on the proposed rule were solicited from accredited institu- concerning the petition of the Board of Regents and Commissioner of tions across the State. Education for renewal of recognition by the U.S. Secretary of Education Rural Area Flexibility Analysis as an institutional accrediting agency. NACIQI is charged with making a 1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS: recommendation to the Secretary of Education concerning applications for This proposed amendment applies to all institutions of higher education recognition as institutional accrediting agencies. At the February 8, 2018 in New York State with education preparation programs registered by the NACIQI meeting, the Committee accepted the following motion concern- Department, including those located in the 44 rural counties with fewer ing the Board of Regents and Commissioner of Education’s recognition: than 200,000 inhabitants and the 71 towns and urban counties with a NACIQI recommends to continue the agency’s current recognition and population density of 150 square miles or less. require the agency to come into compliance within 12 months, and submit 2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE a compliance report 30 days after the 12 month period that demonstrates REQUIREMENTS; AND PROFESSIONAL SERVICES: the agency’s compliance. On February 8, 2018, the Department appeared before the National Ad- NACIQI identified one area of noncompliance in the Rules of the Board visory Committee on Institutional Quality and Integrity (NACIQI) of Regents regarding the language in § 4-1.3(b) concerning duration of concerning the petition of the Board of Regents and Commissioner of accreditation. NACIQI felt that the language concerning extensions of the Education for renewal of recognition by the U.S. Secretary of Education term of accreditation as determined by the Commissioner should be as an institutional accrediting agency. NACIQI is charged with making a amended to be explicit about the use of administrative extensions, and to recommendation to the Secretary of Education concerning applications for ensure that enforcement timelines are not exceeded. recognition as institutional accrediting agencies. At the February 8, 2018 The proposed amendment would make clear that the extensions NACIQI meeting, the Committee accepted the following motion concern- provided for in this section of the Rules of the Board of Regents are ing the Board of Regents and Commissioner of Education’s recognition: specifically administrative in nature, and are granted for reasons such as NACIQI recommends to continue the agency’s current recognition and the scheduling of site visits, meetings of the Board of Regents or the require the agency to come into compliance within 12 months, and submit Regents Advisory Council, etc., and that these administrative extensions a compliance report 30 days after the 12 month period that demonstrates do not extend the corrective action period granted to an institution to come the agency’s compliance. into compliance with the standards for accreditation. NACIQI identified one area of noncompliance in the Rules of the Board Upon enactment of the proposed amendment, the Department will of Regents regarding the language in § 4-1.3(b) concerning duration of prepare the required compliance report for submission to NACIQI. accreditation. NACIQI felt that the language concerning extensions of the In the Regents 2017-2018 State Budget Priorities, the Board proposed term of accreditation as determined by the Commissioner should be the enactment of an appropriation that would allow the Department to amended to be explicit about the use of administrative extensions, and to charge fees for institutional accreditation and spend the funds raised by ensure that enforcement timelines are not exceeded. those fees on expenses incurred in conducting the accreditation function, The proposed amendment would make clear that the extensions including the addition of dedicated accreditation staff. provided for in this section of the Rules of the Board of Regents are The approved FY 2019 State Budget included the necessary spending specifically administrative in nature, and are granted for reasons such as authority language for the Department. An account will be established for the scheduling of site visits, meetings of the Board of Regents or the the funds raised by fees charged to institutions applying for accreditation Regents Advisory Council, etc., and that these administrative extensions and those institutions accredited by the Regents and Commissioner of do not extend the corrective action period granted to an institution to come Education. into compliance with the standards for accreditation. The proposed amendment establishes a fee structure for institutional ac- Upon enactment of the proposed amendment, the Department will creditation by the Board of Regents and Commissioner of Education. The prepare the required compliance report for submission to NACIQI. proposed fee structure is based upon the number of institutions currently In the Regents 2017-2018 State Budget Priorities, the Board proposed accredited by the Board of Regents and Commissioner. As the number of the enactment of an appropriation that would allow the Department to accredited institutions changes, the Department will review the fee charge fees for institutional accreditation and spend the funds raised by scheduled to ensure that it is sufficient to meet the expenses related to ac- those fees on expenses incurred in conducting the accreditation function, creditation and make recommendations to the Regents for any necessary including the addition of dedicated accreditation staff. revisions to the fee schedule. The approved FY 2019 State Budget included the necessary spending 3. PROFESSIONAL SERVICES: authority language for the Department. An account will be established for No professional services are needed to comply with the proposed the funds raised by fees charged to institutions applying for accreditation amendment. and those institutions accredited by the Regents and Commissioner of 4. COMPLIANCE COSTS: Education. The amendment sets out a fee schedule for any higher education institu- The proposed amendment establishes a fee structure for institutional ac- tion seeking accreditation by the Department as follows: creditation by the Board of Regents and Commissioner of Education. The D Applications for initial accreditation pursuant to section 4-1.5 of this proposed fee structure is based upon the number of institutions currently Subpart shall include a non-refundable payment of $3,000 to the Depart- accredited by the Board of Regents and Commissioner. As the number of ment for expenses related to the review of the self-study submitted pursu- accredited institutions changes, the Department will review the fee ant to section 4-1.5(a)(3) of this Subpart. scheduled to ensure that it is sufficient to meet the expenses related to ac- D Institutions seeking initial accreditation pursuant to this Subpart, for creditation and make recommendations to the Regents for any necessary which the Department has determined that the self-study is sufficient in revisions to the fee schedule. depth and breadth to form a reasonable basis for a site review to be 3. COSTS: conducted pursuant to section 4-1.5(a)(4) of this Subpart, shall remit to the The amendment sets out a fee schedule for any higher education institu- Department a fee of $10,000 for expenses related to the site visit and tion seeking accreditation by the Department as follows: subsequent procedures related to initial accreditation pursuant to this D Applications for initial accreditation pursuant to section 4-1.5 of this Subpart. Subpart shall include a non-refundable payment of $3,000 to the Depart- D Institutions accredited by the Commissioner and the Board of Regents ment for expenses related to the review of the self-study submitted pursu- pursuant to this Subpart shall remit a non-refundable annual fee of $35,000 ant to section 4-1.5(a)(3) of this Subpart. in a timeframe and manner prescribed by the Department for expenses re- D Institutions seeking initial accreditation pursuant to this Subpart, for lated to accreditation. Failure to remit the annual fee in accordance with which the Department has determined that the self-study is sufficient in the schedule set by the Department shall result in an adverse accreditation depth and breadth to form a reasonable basis for a site review to be action against the institution. conducted pursuant to section 4-1.5(a)(4) of this Subpart, shall remit to the D The filing of an appeal of a determination of an adverse accreditation Department a fee of $10,000 for expenses related to the site visit and action pursuant to section 4-1.5(a)(11) of this Subpart shall include a pay- subsequent procedures related to initial accreditation pursuant to this ment of $10,000 for expenses related to processing such appeal. Subpart.

23 Rule Making Activities NYS Register/May 23, 2018

D Institutions accredited by the Commissioner and the Board of Regents 50,000,000 or more unique monthly United States visitors or users for a pursuant to this Subpart shall remit a non-refundable annual fee of $35,000 majority of months during the preceding 12 months.’’ in a timeframe and manner prescribed by the Department for expenses re- Text of proposed rule and any required statements and analyses may be lated to accreditation. Failure to remit the annual fee in accordance with obtained from: Nicholas R. Cartagena, Esq., State Board of Elections, 40 the schedule set by the Department shall result in an adverse accreditation North Pearl Street, Ste. 5, Albany, NY 12207, (518) 474-2064, email: action against the institution. [email protected] D The filing of an appeal of a determination of an adverse accreditation Data, views or arguments may be submitted to: Same as above. action pursuant to section 4-1.5(a)(11) of this Subpart shall include a pay- Public comment will be received until: 60 days after publication of this ment of $10,000 for expenses related to processing such appeal. notice. D The Department shall periodically review, and if necessary revise, this fee schedule to ensure that it is sufficient to meet the expenses related Regulatory Impact Statement to accreditation. 1. Statutory authority: The New York State Democracy Protection Act, 4. MINIMIZING ADVERSE IMPACT: Chapter 59 of the Laws of 2018, Part JJJ, requires the New York State The Department believes that all accredited institutions across the State, Board of Elections to promulgate rules related to the Board maintaining whether or not they are located in rural areas or not, should be held to the and making available for public inspection records and copies of paid same uniform standards. Therefore, no alternatives were considered. internet or digital advertisements by Independent Expenditure committees. 5. RURAL AREA PARTICIPATION: Further the Act requires the Board to promulgate regulations defining the Copies of the proposed amendments have been provided to Rural Advi- scope of the term ‘‘online platform.” Election Law §§ 14-107 [5-a] and sory Committee for review and comment. 14-107-b expressly authorizes the New York State Board of Elections to promulgate such rules and regulations. Election Law § 3-102(17) autho- Job Impact Statement rizes the State Board of Elections to “perform such other acts as may be The purpose of the proposed amendment is to clarify that the extensions necessary to carry out the purposes of this chapter.’’ provided for in the Rules of the Board of Regents are specifically 2. Legislative objectives: The legislative objective furthered by the administrative in nature, and are granted for reasons such as the schedul- proposed regulation is to ensure transparency for independent expenditures ing of site visits, meetings of the Board of Regents or the Regents Advi- in the form of internet and digital advertising and to protect New York sory Council, etc., and that these administrative extensions do not extend elections from foreign influence. the corrective action period granted to an institution to come into compli- 3. Needs and benefits: The regulation increases transparency by requir- ance with the standards for accreditation. The proposed amendment also ing internet and digital political advertisements in the form of independent establishes a fee structure for institutions of higher education seeking to expenditures on online platforms to comply with certain disclosure become accredited or accredited by the Commissioner and the Board of requirements. The proposed regulation also aims to prevent foreign influ- Regents. ence in State and Local elections by prohibiting foreign entities from Because it is evident from the nature of the proposed amendments that purchasing political advertisements. Further, the proposed regulation they will have no impact on the number of jobs or employment opportuni- requires Independent Expenditure committees to disclose internet and ties in New York State, no further steps were needed to ascertain that fact digital political advertisements to the State Board in certain formats so the and none were taken. Board can create and maintain a database of internet and digital political advertisements on its website. 4. Costs: a. This regulatory amendment does not increase costs to regulated par- State Board of Elections ties as the regulation reflects only existing statutory obligations. There is a cost related to the time and effort of Online Platforms, who now have to collect registration forms from Independent Expenditure committees PROPOSED RULE MAKING purchasing political advertisements. There is an increased cost to the time and effort for Independent Expenditure committees who have to report all NO HEARING(S) SCHEDULED internet and digital advertisements and disclose them to the State Board in certain formats. Implementation of the Democracy Protection Act b. There is an increased cost to the State Board, as the State Board is I.D. No. now obligated to collect records and copies of internet and digital SBE-21-18-00047-P advertisements from Independent Expenditure Committees and create and maintain a database on its website of such advertisements. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- c. This assessment of cost is based on the nature of the regulation. cedure Act, NOTICE is hereby given of the following proposed rule: d. This regulatory amendment does not create new costs as the report- Proposed Action: Amendment of section 6200.10; addition of section ing obligations are in Election Law 14-107. 6200.11 to Title 9 NYCRR. 5. Local government mandates: There are no additional responsibilities imposed by this rule upon any county, city, town, village, school district, Statutory authority: Election Law, sections 14-107(5-a), 14-107-b and fire district or other special district. 3-102(17) 6. Paperwork: This proposed rule imposes no new reporting or regula- Subject: Implementation of the Democracy Protection Act. tory filing requirements not provided for by statute, but statutory compli- Purpose: The rule effectuates the amendments to article 14 of the Election ance requires Online Platforms to collect registration documents from In- Law resulting from chapter 59 of the Laws of 2018. dependent Expenditure committees. Substance of proposed rule (Full text is posted at the following State 7. Duplication: There is no jurisdictional duplication created by this website:www.elections.ny.gov): The proposed amendment to section rulemaking. 6200.10, and the addition of section 6200.11, implements changes in law 8. Alternatives: This rulemaking amends the existing regulations to resulting from the New York State Democracy Protection Act, Chapter 59 conform to the requirements of Election Law §§ 14-107 and 14-107-b as of the Laws of 2018, Part JJJ. The proposed regulation modifies current amended by Chapter 59 of the Laws of 2018. The definition of the term regulations as follows: a) Prohibits foreign entities from forming an inde- online platform could be amended to include more or less entities. pendent expenditure committee and purchasing political ads in order to 9. Federal standards: Not applicable. influence New York elections; b) Requires that internet and digital 10. Compliance schedule: The rule provides no new compliance advertisements paid for by Independent Expenditure Committees and schedules not already expressly provided for by §§ 14-107 and 14-107-b targeted to 50 or more members of the General Public Audience be subject of the Election Law. to disclosure requirements; c) Requires all paid independent political Regulatory Flexibility Analysis online ads to clearly display that the ad was not authorized by any 1. Effect of rule: There is no impact on local government due to this candidate and who actually paid for the ad; and d) Requires television or rule. This rule will have a minimal impact on small business. Should a radio broadcast stations, provider of cable or satellite televisions, or online small business engage in independent expenditures, the existing statute platforms to collect the registration documents of Independent Expendi- and regulation would require the committee to register and report activity ture committees when such committees purchase purchases communica- to the State Board of Elections. This rule reflects a statutory amendment to tions in the form of an independent expenditure. Election Law §§ 14-107 and 14-107-b in 2018. Additionally, the proposed regulation defines “online platform” as 2. Compliance requirements: If a small business engaged in indepen- follows: ‘‘An online platform means: (1) a public-facing Internet Web site, dent expenditures, it is required under existing law to register with the web application, or digital application, including a social network, ad State Board of Elections as a political committee and to comply with the network or search engine, which sells political advertisements and has provisions of Article 14 of the Election Law, as applicable, including

24 NYS Register/May 23, 2018 Rule Making Activities disclosing internet and digital political ads. In regards to the definition of (Department) is proposing revisions to New York’s water quality “Online Platform,” the proposed definition functionally excludes small standards to meet the requirements of the federal Beaches Environmental businesses that operate a website. This rule has no impact on local Assessment and Coastal Health (BEACH) Act of 2000 (P.L. 106-284). governments. The Department is also proposing upgrades to the classification of two 3. Professional services: A small business that engages in independent water bodies. expenditures may acquire accounting services to maintain and report activ- 1. Statutory Authority ity to comply with the existing reporting requirements. This rule making, conforming the statute to the regulatory text, does not significantly change The statutory authority for adoption of water quality standards and any such potential need. classifications is found in the Environmental Conservation Law (ECL) 4. Compliance costs: It is unclear what the compliance costs are for Articles 3 and 17. ECL Article 3 provides that the Commissioner of the regulated business or industry to comply with this rule. This rule making, Department may adopt regulations to carry out the purposes of the ECL conforming the statute to the regulatory text, does not significantly change in general. ECL Article 17 directs the Department to classify the waters any such potential need. Nothing in this rule mandates any entity to engage of the state in accordance with best usage and maintain reasonable in the activities triggering filing requirements. standards consistent with public health and public enjoyment of the 5. Economic and technological feasibility: Our assessment of the eco- waters. Specifically, Section 17-0301 provides that the Department ‘‘shall nomic and technological feasibility of compliance with this rule, as with group the designated waters of the state into classes. Such classification the existing rule, is that a small business would need a computer to make shall be made in accordance with considerations of best usage in the required disclosures. interest of the public’’ and further that the Department ‘‘shall adopt and 6. Minimizing adverse impact: The rule requires no mitigation of impacts on small businesses as it regulates independent expenditures and assign standards of quality and purity for each such classification reporting by those entities which choose to engage in those activities on an necessary for the public use or benefit contemplated by such equal basis. The rules does not require engaging in such activities. The classification.’’ rules has no impact on local governments. 2. Legislative Objectives 7. Small business and local government participation: The State Board The legislative objectives related to this proposed rule are to of Elections has solicited and will continue to solicit public comment. ‘‘conserve, improve and protect [the State’s] natural resources and This would include comments that may suggest alternatives to minimize environment and to prevent, abate and control water, land and air the impact on small businesses that choose to make independent expendi- pollution, in order to enhance the health, safety and welfare of the people tures regulated by Article 14 of the Election Law. of the state and their overall economic and social well being.’’ ECL For rules that either establish or modify a violation or penalties associ- 1-0101(1). Furthermore, it is the policy of the state to guarantee that the ated with a violation: not applicable. ‘‘widest range of beneficial uses of the environment is attained without Initial review of the rule, pursuant to SAPA § 207: not applicable. risk to health or safety, unnecessary degradation or other undesirable or Rural Area Flexibility Analysis unintended consequences.’’ ECL 1-0101(3)(b). In furtherance of these Under SAPA 202-bb(4)(a), when a rule does not impose an adverse eco- broad policies, specific objectives are to ‘‘maintain reasonable standards nomic impact on rural areas and the agency finds it would not impose of purity of the waters of the state consistent with public health and reporting, recordkeeping, or other compliance requirements on public or public enjoyment thereof...’’ ECL 17-0101. private entities in rural areas, the agency may file a Statement in Lieu of. 3. Needs and Benefits This rule has statewide application, amending the rules for independent The proposed rule would adopt new pathogen standards for all coastal expenditure reporting as provided by Election Law §§ 14-107 and 14- recreation waters and new definitions for the terms “coastal recreation 107-b. The proposed rule does not create any new reporting, recordkeep- waters” and “primary contact recreation season,” which are needed to ing or other routine compliance requirements as they are already expressly meet the requirements of the federal BEACH Act. The proposed required by law. Accordingly, this rule has no adverse impacts on any area. standards are consistent with the United States Environmental Protection Job Impact Statement Agency’s (USEPA’s) 2012 Recreational Water Quality Criteria (RWQC). 1. Nature of impact: This rule should have minimal or no impact on The RWQC are USEPA’s recommendations for protecting human health jobs as it amends existing independent disclosure requirements by politi- in waters designated for primary contact recreation use. The proposed cal committees and provides that Online Platforms collect registration standards are: a 90-day Geometric Mean (GM) of 35 cfu/100mL and a forms from Independent Expenditure committees. statistical threshold value (STV) of 130 cfu/100mL for enterococci, and a 2. Categories and numbers affected: This rule will impact committees 90-day GM of 126 cfu/100mL and a STV of 410 cfu/100mL for E.coli. which engage in independent expenditure activity and Online Platforms. Existing total and fecal coliform standards for recreational use protection This rules will not create employment opportunities. would be maintained. 3. Regions of adverse impact: This rules has a statewide applicability, In evaluating the waters that would be defined as “coastal recreation and has no disproportionate adverse impact on jobs or employment op- portunities in any region. waters,” and covered by this proposed rule, the Department identified two 4. Minimizing adverse impact: The State Board of Elections has not large coastal waters, currently designated as Class I, that were not taken any measures to minimize adverse impact on existing jobs or designated as having a best usage of primary contact recreation: Upper promote the development of new employment opportunities because the New York Bay (6 NYCRR § 890.6 - Item No. 6); and a portion of Lower State Board of Elections has determined this rule would not have an New York Bay (6 NYCRR § 890.6 - Item No. 4). In 1985, the adverse impact on jobs. Department determined that these waters were unable to support a best 5. Self-employment opportunities: Not applicable. usage of primary contact recreation. See Use Attainability Analysis of the 6. Initial review of the rule, pursuant to SAPA § 207: Not applicable. New York Harbor Complex, August 1985, Page 17. Since that time, the water quality in the two water bodies proposed for reclassification has improved dramatically. See New York Harbor Water Quality Report, 2016. In 2015, the Department revised its regulations to require that Class Department of Environmental SD and I waters be of quality suitable for swimming. That rulemaking did Conservation not designate a best usage of primary contact recreation for Class SD or I waters. Considering the water quality improvements in these two waterbodies and that they are adjacent to numerous public beaches, the Department has determined that they should be reclassified from Class I ERRATUM to Class SB to designate the best usage of primary contact recreation. The The Department of Environmental Conservation submitted an updated proposed pathogen standards would thus apply to the reclassified waters, Regulatory Impact Statement, Regulatory Flexibility Analysis and Job consistent with the federal BEACH Act requirements for all marine Impact Statement for ID No. ENV-12-18-00043-P pertaining to BEACH coastal recreation waters, as well as a more stringent dissolved oxygen Act Standards and Reclassification Rule for publication in the May 9, standard for Class SB waters. 2018 issue, however the original statements were inadvertently 4. Costs republished instead. The revised statements are printed below. The Department reviewed this proposed rule and identified the likely The Department of State apologizes for any inconvenience this may anticipated costs. The Department identified 41 municipal wastewater have caused. treatment plants ranging from 0.1 million gallons per day (MGD) to 135 Revised Regulatory Impact Statement MGD treatment capacity discharging to coastal recreation waters The New York State Department of Environmental Conservation (including waters proposed for reclassification by this rule). Sixteen (16)

25 Rule Making Activities NYS Register/May 23, 2018 of the 41 municipal wastewater treatment plants discharge to the Great rule would not impose any additional program, service, duty, or Lakes, while the remaining 25 facilities discharge to marine coastal responsibility upon any county, city, town, village, school district, fire recreation waters (including waters proposed for reclassification by this district, or other special district. rule). Additionally, 4 Private, Commercial, and Institutional (PCI) 6. Paperwork facilities were identified as surface water sanitary dischargers to marine As part of the SPDES program, all significant permittees (for permit coastal recreation waters. classifications see the Department’s Technical & Operational Guidance The financial impact due to the adoption of the proposed E. coli Series (TOGS) 1.2.2) are required to periodically report monitoring data standard is considered to be de minimus, as existing disinfection for substances included in their permit. The proposed regulations are not treatment facilities discharging to the Great Lakes are expected to meet expected to increase or decrease the number of significant SPDES the proposed standard without significant adjustments. permittees. Dischargers that may be required to report on a parameter for Under the proposed enterococci standards 25 municipal wastewater which they were previously not regulated would have to maintain records treatment plants and 4 PCI facilities discharging to marine coastal and report the discharge level of the newly regulated parameter on recreation waters (including waters proposed for reclassification by this existing reports. This proposed rule does not require the submission of rule) will likely need to upgrade their existing disinfection systems or any new forms. incur increased operation and maintenance (O&M) costs resulting from 7. Duplication higher dosing. The Department analyzed the costs associated with Both federal law and federal regulations set forth requirements for disinfection using both chlorination and ultraviolet radiation (UV). states regarding water quality standards (uses and criteria). Under federal The estimated unit cost for building a UV disinfection system is law, promulgation of surface water standards is primarily a state $512,676/MGD design flow in capital costs with an estimated O&M cost responsibility. EPA provides oversight and guidance and approves state of $10,000/MGD per year. Given that the total capital cost for conversion standards for surface water, but does not promulgate standards that apply to UV disinfection is significantly higher than other alternatives, the nationwide. However, where a state’s standards are inadequate, and EPA estimated financial impact assumes that the impacted facilities will not disapproves, EPA must then promulgate standards for the state if the state choose the UV option. For facilities that already have an existing UV does not timely address the inadequacies. disinfection system, the most cost-effective alternative is to double the 8. Alternatives UV light intensity or dosing, thus the financial impact of $10,000/MGD The Department considered the ‘‘no action’’ alternative which would per year will be that resulting solely from increased O&M expenditures. place the state in the position of not meeting the federal BEACH Act. The Construction of a de-chlorination facility is estimated to cost $220,000/ no action alternative was rejected as it was determined to be less MGD. The average O&M cost of approximately $18,600/MGD per year protective of coastal recreation waters than the proposed rule and would was used to determine the potential financial impact associated with not implement the requirements of the BEACH Act. The ‘‘no action” O&M for facilities utilizing chlorination and de-chlorination and alternative for the reclassification was also rejected because the $27,900/MGD per year for facilities that currently chlorinate but will reclassification is appropriate at this time because of improvements in need to add de-chlorination facilities. The estimated total financial impact water quality since 1985 and because the two large coastal waters are is as follows: 9 municipal wastewater treatment facilities and 2 PCI adjacent to numerous public beaches. facilities would incur a collective capital cost of approximately $55 9. Federal Standards million to construct chlorination/dechlorination; 29 impacted facilities The proposed regulatory changes do not exceed any federal minimum would incur increased O&M costs, collectively totaling approximately standards. The proposal is consistent with the requirements of the federal $14 million per year. BEACH Act. For more information, please see Section 7 of this Certain coastal Class SB waters (including waters proposed for document, titled “Duplication.” reclassification from Class I to Class SB by this rule) are impacted by 10. Compliance Schedule Combined Sewer Overflows (CSO). The New York City (NYC) CSO The proposed rule, if adopted, would take effect on the date that the control program is being implemented through the development of Long Notice of Adoption is published in the State Register. However, the Term Control Plans (LTCPs). The LTCPs must meet the regulatory Department recognizes that it may be unreasonable, both physically and requirements of the EPA’s CSO Control Policy as per the Clean Water Act fiscally, to expect regulated parties to comply with the regulations (CWA) section 402(q), and adhere to the terms of the 2005 Consent Order immediately. After the rulemaking becomes effective it would be between NYSDEC and NYC (Case No. CO2-20000107-8), as modified implemented in permits when modified. If additional treatment is in 2008, 2009, 2012, 2015, 2016, and 2017 (collectively the “Consent required, a compliance schedule in the permit may be established on a Order”). LTCPs evaluate the cost-effectiveness of a range of control case-by-case basis with the permittee, and may require the permittee to options/strategies, including up to 100% CSO capture. Given that NYC submit a report describing their chosen treatment alternative and include must currently comply with EPA’s CSO control policy through the a schedule for construction. Under such a scenario, the Department would development and implementation of these LTCPs, no additional costs are review and, if appropriate, would approve the report before construction anticipated to be driven by this rulemaking beyond those already required would commence. Although it is difficult to estimate, with accuracy, the by the Consent Order, the LTCPs, NYC’s State Pollutant Discharge amount of time necessary for regulated parties to achieve compliance Elimination System (SPDES) Permits, the CSO Control Policy and CWA with the proposed rule, it is expected that the Department will be able to section 402(q). These existing and continuing requirements are expected review and renew affected permits within five years of the effective date to result in the submission of approvable Jamaica Bay and City-Wide of promulgation. LTCPs that will include projects designed to achieve the highest Revised Regulatory Flexibility Analysis attainable condition within the CSO impacted waterbodies. The New York State Department of Environmental Conservation The proposed reclassification would also cause a more stringent, (Department) is proposing new standards for all coastal recreation waters existing Class SB aquatic life standard for Dissolved Oxygen (DO) to to meet the requirements of the federal Beaches Environmental apply to these waters. The existing DO standard for Class I is a minimum Assessment and Coastal Health (BEACH) Act of 2000 (P.L. 106-284). In of 4.0 mg/L, while the existing DO standard for Class SB is a minimum addition, the Department is proposing to reclassify certain Class I waters of 4.8 mg/L, with allowable excursions below 4.8 mg/L for limited consisting of Upper New York Bay and a portion of Lower New York periods of time. An examination of the current DO levels in these water Bay to add the best usage of primary contact recreation to these waters. bodies reveals that the new standard would be attained and not likely 1. Effect of Rule result in additional costs. The Department reviewed the proposed rule and identified the likely 5. Local Government Mandates anticipated costs that are set forth in this section. The Department As described in this document, this proposed rule would revise and identified 41 municipal wastewater treatment plants ranging from 0.1 update New York State’s water quality standards which in turn would be million gallons per day (MGD) to 135 MGD treatment capacity incorporated into permits issued under Titles 7 and 8 of Article 17 of the discharging to coastal recreation waters (including waters proposed for Environmental Conservation Law. Any county, city, town, village, school reclassification by this rule). Sixteen (16) of the 41 municipal wastewater district, fire district, or other special district permitted to discharge under treatment plants discharge to the Great Lakes, while the remaining 25 the above statute may be responsible for complying with revised effluent facilities discharge to marine coastal recreation waters (including waters limitations resulting from the proposed rule. The Department has proposed for reclassification by this rule). Additionally, 4 Private, reviewed potentially affected permits and included the estimated costs to Commercial, and Institutional (PCI) facilities were identified as surface comply with the proposed rule discussed above. Beyond these costs, this water sanitary dischargers to marine coastal recreation waters.

26 NYS Register/May 23, 2018 Rule Making Activities

The financial impact due to the adoption of the proposed E. coli 4. Compliance Costs standard is considered to be de minimus, as existing disinfection The Department reviewed the proposed rule and identified the likely treatment facilities discharging to the Great Lakes are expected to meet anticipated costs that are set forth in this section. The estimated total the proposed standard without significant adjustments. financial impact for the municipal wastewater treatment facilities and PCI Under the proposed enterococci standards 25 municipal wastewater facilities to meet the proposed standards is a capital cost of approximately treatment plants and 4 PCI facilities discharging to marine coastal $55 million and a net increase in O&M costs of approximately $14 recreation waters (including waters proposed for reclassification by this million per year. For a more detailed discussion please see above. rule) will likely need to upgrade their existing disinfection systems or 5. Economic and Technological Feasibility incur increased operation and maintenance (O&M) costs resulting from The Department has concluded that compliance by regulated parties is higher dosing. The Department analyzed the costs associated with both economically and technologically feasible. Under the proposed disinfection using chlorination and ultraviolet radiation (UV). enterococci standards 25 municipal wastewater treatment plants and 4 The estimated unit cost for building a UV disinfection system is PCI facilities discharging to marine coastal recreation waters (including $512,676/MGD design flow in capital costs with an estimated O&M cost waters proposed for reclassification by this rule) will likely need to of $10,000/MGD per year. Given that the total capital cost for conversion upgrade their existing disinfection systems or incur increased O&M costs to UV disinfection is significantly higher than other alternatives, the resulting from higher dosing. estimated financial impact assumes that the impacted facilities will not 6. Minimizing Adverse Impact choose the UV option. For facilities that already have an existing UV In developing this rulemaking, consideration was given to approaches disinfection system, the most cost-effective alternative is to double the UV light intensity or dosing, thus the financial impact of $10,000/MGD that would minimize adverse economic impacts of the rule on small per year will be that resulting solely from increased O&M expenditures. businesses and local governments such as differing requirements, Construction of a de-chlorination facility is estimated to cost $220,000/ outcome standards, and potential exemptions from coverage. Given the MGD. The average O&M cost of approximately $18,600/MGD per year nature of this rule, and in order to adequately protect the waters of the was used to determine the potential financial impact associated with State and to meet the requirements of federal law, differing requirements O&M for facilities utilizing chlorination and de-chlorination and or potential exemptions for small businesses and local governments were $27,900/MGD per year for facilities that currently chlorinate but will not feasible. However, for the potentially impacted facilities subject to need to add de-chlorination facilities. The estimated total financial impact this rule, the Department will allow necessary time to establish a path to is as follows: 9 municipal wastewater treatment facilities and 2 PCI compliance. facilities would incur a collective capital cost of approximately $55 The proposed regulatory changes, if adopted, would take effect on the million to construct chlorination/dechlorination; 29 impacted facilities date that the Notice of Adoption is published in the State Register. The would incur increased O&M costs, collectively totaling approximately Department recognizes that it may be unreasonable, both physically and $14 million per year. fiscally, to expect regulated parties to comply with the regulations Certain coastal Class SB waters (including waters proposed for immediately. After the rulemaking becomes effective it would be reclassification from Class I to Class SB by this rule) are impacted by implemented in permits when modified. If additional treatment is Combined Sewer Overflows (CSO). The New York City (NYC) CSO required, a compliance schedule in the permit may be worked out on a control program is being implemented through the development of Long case-by-case basis with the permittee. Such a compliance schedule may Term Control Plans (LTCPs). The LTCPs must meet the regulatory require the permittee to submit a report describing their chosen treatment requirements of the EPA’s CSO Control Policy as per the Clean Water Act alternative and include a schedule for construction. Under such a (CWA) section 402(q), and adhere to the terms of the 2005 Consent Order scenario, the Department would review and, if appropriate, would between NYSDEC and NYC (Case No. CO2-20000107-8), as modified approve the report before construction would commence. Although it is in 2008, 2009, 2012, 2015, 2016, and 2017 (collectively the “Consent difficult to estimate, with accuracy, the amount of time necessary for Order”). LTCPs evaluate the cost-effectiveness of a range of control regulated parties to achieve compliance with the proposed rule, it is options/strategies, including up to 100% CSO capture. Given that NYC expected that the Department will be able to review and renew affected must currently comply with EPA’s CSO control policy through the permits within five years of the effective date of promulgation. development and implementation of these LTCPs, no additional costs are 7. Small Business and Local Government Participation anticipated to be driven by this rulemaking beyond those already required The Department will inform the public about the proposed rule through by the Consent Order, the LTCPs, NYC’s State Pollutant Discharge the Department website, letters to dischargers and municipalities, and Elimination System (SPDES) Permits, the CSO Control Policy and CWA notices in the Environmental Notice Bulletin and the State Register. The section 402(q). These existing and continuing requirements are expected Department will hold two public hearings pertaining to the rulemaking. to result in the submission of approvable Jamaica Bay and City-Wide The public will have the opportunity to comment on the proposed rule by LTCPs that will include projects designed to achieve the highest attending a public hearing or by submitting written comments to the attainable condition within the CSO impacted waterbodies. Department. The proposed reclassification would also cause a more stringent, Revised Job Impact Statement existing Class SB aquatic life standard for Dissolved Oxygen (DO) to This document is prepared in accordance with the State Administrative apply to these waters. The existing DO standard for Class I is a minimum Procedure Law (SAPA) § 201-a. Pursuant to SAPA § 201-a (2) (a), the of 4.0 mg/L, while the existing DO standard for Class SB is a minimum Department has determined that a Job Impact Statement is not required of 4.8 mg/L, with allowable excursions below 4.8 mg/L for limited because the proposed rule will not have a substantial adverse impact on periods of time. An examination of the current DO levels in these water jobs and employment opportunities. This document contains the bodies reveals that the new standard would be attained and not likely Department’s rationale for this determination. result in additional costs. 1. Nature of Impact 2. Compliance Requirements The Department is proposing new standards for all coastal recreation As part of the SPDES program, all significant permittees (for permit waters to meet the requirements of the federal Beaches Environmental classifications see the Department’s Technical & Operational Guidance Assessment and Coastal Health (BEACH) Act of 2000 (P.L. 106-284). In Series (TOGS) 1.2.2) are required to periodically report monitoring data addition, the Department is proposing to reclassify certain Class I waters for substances include in their permit. The proposed regulations are not consisting of Upper New York Bay and a portion of Lower New York expected to increase or decrease the number of significant SPDES Bay to add the best usage of primary contact recreation to these waters. permittees. Dischargers that may be required to report on a parameter for The only businesses or entities that could potentially be adversely which they were previously not regulated would have to maintain records impacted by this rule are those that hold State Pollutant Discharge and report the discharge level of the newly regulated parameter on Elimination System (SPDES) permits for discharge to the affected existing reports. This proposed rule does not require the submission of waterbodies. any new forms. As mentioned above, the Department has identified costs 2. Categories and Numbers Affected associated with the proposed rule that may be incurred by small The Department reviewed the proposed rule and identified the likely businesses or local governments. anticipated costs that are set forth in this section. The Department 3. Professional Services identified 41 municipal wastewater treatment plants ranging from 0.1 There may be professional engineering services needed for the million gallons per day (MGD) to 135 MGD treatment capacity facilities potentially affected by the proposed rule, as mentioned above, to discharging to coastal recreation waters (including waters proposed for upgrade existing disinfection systems. reclassification by this rule). Sixteen (16) of the 41 municipal wastewater

27 Rule Making Activities NYS Register/May 23, 2018 treatment plants discharge to the Great Lakes, while the remaining 25 Westchester counties. This rule would also upgrade the classification of facilities discharge to marine coastal recreation waters (including waters Class I coastal waters of Upper New York Bay and a portion of Lower proposed for reclassification by this rule). Additionally, 4 Private, New York Bay, found along the shores of Kings, New York, and Commercial, and Institutional (PCI) facilities were identified as surface Richmond counties. However, as mentioned above, the proposed rule is water sanitary dischargers to marine coastal recreation waters. not likely to negatively impact in any measurable way job opportunities The financial impact due to the adoption of the proposed E. coli in the state of New York. To the contrary, this rule may create job standard is considered to be de minimus, as existing disinfection opportunities for engineers and construction firms to design and construct treatment facilities discharging to the Great Lakes are expected to meet necessary wastewater treatment plant retrofits and may result in fewer the proposed standard without significant adjustments. Under the beach closures which in turn would potentially increase tourism revenue proposed enterococci standards 25 municipal wastewater treatment plants for the affected areas. and 4 PCI facilities discharging to marine coastal recreation waters 4. Minimizing Adverse Impact (including waters proposed for reclassification from Class I to Class SB The proposed regulatory changes, if adopted, would take effect on the by this rule) will likely need to upgrade their existing disinfection date that the Notice of Adoption is published in the State Register. systems or incur increased operation and maintenance (O&M) costs However, the Department recognizes that it may be unreasonable, both resulting from higher dosing. The Department analyzed the costs physically and fiscally, to expect regulated parties to comply with the associated with disinfection using chlorination and ultraviolet radiation regulations immediately. After the rulemaking becomes effective it would (UV). be implemented in permits when modified. If additional treatment is The estimated unit cost for building a UV disinfection system is required, a compliance schedule in the permit may be worked out on a $512,676/MGD design flow in capital costs with an estimated O&M cost case-by-case basis with the permittee. Such a compliance schedule may of $10,000/MGD per year. Given that the total capital cost for conversion require the permittee to submit a report describing their chosen treatment to UV disinfection is significantly higher than other alternatives, the alternative and include a schedule for construction. Under such a estimated financial impact assumes that the impacted facilities will not scenario, the Department would review and, if appropriate, would choose the UV option. For facilities that already have an existing UV approve the report before construction would commence. Although it is disinfection system, the most cost-effective alternative is to double the difficult to estimate, with accuracy, the amount of time necessary for UV light intensity or dosing, thus the financial impact of $10,000/MGD regulated parties to achieve compliance with the proposed rule, it is per year will be that resulting solely from increased O&M expenditures. expected that the Department will be able to review and renew affected Construction of a de-chlorination facility is estimated to cost $220,000/ permits within five years of the effective date of promulgation. MGD. The average O&M cost of approximately $18,600/MGD per year 5. Conclusion was used to determine the potential financial impact associated with The Department has determined that this potential impact is not a O&M for facilities utilizing chlorination and de-chlorination and “substantial adverse impact on jobs and employment opportunities” as $27,900/MGD per year for facilities that currently chlorinate but will that term is defined in section 201-a (6) (c) of the New York State need to add de-chlorination facilities. Administrative Procedure Act. In addition, this rule will not have a The estimated total financial impact is as follows: 9 municipal measurable impact on self-employment. Therefore, the Department has wastewater treatment facilities and 2 PCI facilities would incur a determined that a Job Impact Statement is not required. collective capital cost of approximately $55 million to construct chlorination/dechlorination; 29 impacted facilities would incur increased EMERGENCY O&M costs, collectively totaling approximately $14 million per year. RULE MAKING Although these costs are not de minimis, they are spread across a large number of facilities over time and are not likely to impact in any Sanitary Condition of Shellfish Lands measurable way job opportunities in New York State. To the contrary, this rule may create job opportunities for engineers and construction firms to I.D. No. ENV-21-18-00027-E design and construct necessary waste water treatment plant retrofits. Filing No. 410 Certain coastal Class SB waters (including waters proposed for Filing Date: 2018-05-02 reclassification from Class I to Class SB by this rule) are impacted by Effective Date: 2018-05-02 Combined Sewer Overflows (CSO). The New York City (NYC) CSO control program is being implemented through the development of Long Term Control Plans (LTCPs). The LTCPs must meet the regulatory PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- requirements of the EPA’s CSO Control Policy as per the Clean Water Act cedure Act, NOTICE is hereby given of the following action: (CWA) section 402 (q), and adhere to the terms of the 2005 Consent Action taken: Amendment of Part 41 of Title 6 NYCRR. Order between NYSDEC and NYC (Case No. CO2-20000107-8), as Statutory authority: Environmental Conservation Law, sections 13-0307 modified in 2008, 2009, 2012, 2015, 2016, and 2017 (collectively the and 13-0319 “Consent Order”). LTCPs evaluate the cost-effectiveness of a range of Finding of necessity for emergency rule: Preservation of public health. control options/strategies, including up to 100% CSO capture. Given that Specific reasons underlying the finding of necessity: Shellfish are filter NYC must currently comply with EPA’s CSO control policy through the feeders that consume plankton, other minute organisms and particulate development and implementation of these LTCPs, no additional costs are matter found in the water column. They are capable of accumulating patho- anticipated to be driven by this rulemaking beyond those already required genic bacteria, viruses and toxic substances within their bodies. Conse- by the Consent Order, the LTCPs, NYC’s SPDES Permits, the CSO quently, shellfish harvested from areas that do not meet the bacteriological Control Policy and CWA section 402 (q). These existing and continuing standards for certification have an increased potential to cause illness in requirements are expected to result in the submission of approvable shellfish consumers. Closures of shellfish lands that do not meet the water Jamaica Bay and City-Wide LTCPs that will include projects designed to quality standards provide essential protection of public health. Some shell- achieve the highest attainable condition within the CSO impacted fish growing areas will require reclassification as uncertified year-round waterbodies. and/or seasonally uncertified. Recent evaluations of current water quality The proposed reclassification would also cause a more stringent, data indicate that the bacteriological standards for certified shellfish lands existing Class SB aquatic life standard for Dissolved Oxygen (DO) to are not being met in the affected areas and an increased risk of illness ex- apply to these waters. The existing DO standard for Class I is a minimum ists for shellfish consumers. of 4.0 mg/L, while the existing DO standard for Class SB is a minimum Some shellfish growing areas will require reclassification as certified of 4.8 mg/L, with allowable excursions below 4.8 mg/L for limited year-round and seasonally uncertified. Recent evaluations of current water periods of time. An examination of the current DO levels in these water quality data also indicate that the bacteriological standards for other shell- fish growing areas are being met and those areas can be reclassified as cer- bodies reveals that the new standard would be attained and not likely tified year-round or seasonally uncertified for the harvest of shellfish. result in additional costs. Technical changes are also needed to clarify descriptions for enforcement 3. Regions of Adverse Impact purposes, to correct inconsistent spellings of similar names and to remove This rule would set forth new water quality standards for coastal unnecessary ordinal indicators in the description of closure dates. recreation waters. These waters are found along the shores of Bronx, The promulgation of this regulation on an emergency basis is necessary Cayuga, Chautauqua, Erie, Jefferson, Kings, Monroe, Nassau, Niagara, to protect public health. If the department does not adopt this rule making Orleans, Oswego, Queens, Richmond, St. Lawrence, Suffolk, Wayne, and on an emergency basis, areas that do not meet bacteriological standards

28 NYS Register/May 23, 2018 Rule Making Activities will remain open for the harvest and consumption of potentially harmful Clause 41.3(b)(5)(ix)(‘c’) is amended to read as follows: shellfish. (‘c’) In the absence of [the] one or both painted markers, all of Subject: Sanitary Condition of Shellfish Lands. Northwest Creek is uncertified. Purpose: To reclassify underwater shellfish lands to protect public health. Clause 41.3(b)(7)(iii)(‘c’) is amended to read as follows: (‘c’) Wickham Creek. During the period of May 15 through Text of emergency rule: 6 NYCRR Part 41 is amended to read as follows: October 31, both dates inclusive, all that area of Wickham Creek and its Clause 41.2(b)(1)(ii)(‘e’) is amended to read as follows: tributaries. (‘e’) [All] During the period of November 1 through April 30, Subclauses 41.3(b)(7)(iii)(‘c’)(‘1’) and (‘2’) are repealed. both dates inclusive, all that area of East Bay and all other bays, creeks, Subclause 41.3(b)(7)(iii)(‘c’)(‘3’) is renumbered Subclause canals and tributaries lying [east and within the boundaries north of a line 41.3(b)(7)(iii)(‘c’)(‘1’). extending southerly from the westernmost point of land at Big Crow Island Clause 41.3(b)(7)(xi)(‘e’) is amended to read as follows: at Neds Creek to the southwestern corner of the Fundy Channel Bridge of (‘e’) West Creek. During the period of [May 1st through the Meadowbrook Parkway on West Crow Island, and] north of a line November 30th] January 1 through December 31, both dates inclusive, all extending easterly from the southwestern corner of the Fundy Channel that area of West Creek [including], and all that area of Great Peconic Bay Bridge of the Meadowbrook Parkway on West Crow Island to the within 750 feet in all directions of the southernmost point of the jetty on northwestern tip of the Sloop Channel Bridge of the Wantagh State the east side of the mouth of West Creek. Parkway connecting Green Island with Jones Beach State Park, and west Subclause 41.3(b)(7)(xii)(‘b’)(‘2’) is amended to read as follows: of a line extending northerly along the western shoreline of Green Island (‘2’) During the period [April 15th to December 31st] May 1 to the southwestern tip of the Goose Creek Bascule Bridge of the Wantagh through November 30, both dates inclusive, all that area of Jockey Creek, State Parkway, connecting Green Island with Great (Low) Island, [and Town Creek and tributaries, lying west of a line extending southerly from south of a line extending westerly to the westernmost point of land of Big the south end of Terry Road directly to the opposite shore. Crow Island on Neds Creek.] then continuing northerly along the shoreline Clause 41.3(b)(7)(xii)(‘d’) is amended to read as follows: to the westernmost point of Great (Low) Island, and continuing northwest- (‘d’) Goose Creek. During the period [April 15th through erly to the southernmost point of land at Whaleneck Point, and lying south December 31st] May 1 through November 30, both dates inclusive, all that and east of a line extending southwesterly to the northernmost tip of Big area of Goose Creek lying south and west of the Goose Creek Bridge (lo- Crow Island at Neds Creek, continuing along the western shore of Big cal landmarks). Crow Island, to the southwestern corner of the Fundy Channel Bridge of Clause 41.3(b)(7)(xiii)(‘a’) is amended to read as follows: the Meadowbrook Parkway on West Crow Island. (‘a’) Oyster Ponds. During the period May 15[th] through Clause 41.2(b)(3)(ii)(‘c’) is amended to read as follows: October 31[st], both dates inclusive, all that area of Orient Harbor [lying (‘c’) All that area of West Pond and that portion of Hempstead east of a line extending northerly from the tip of the northwesternmost Harbor lying [southerly and easterly of a line extending northerly from the dock of the Orient Yacht Club to the northernmost corner of the bulkhead westernmost end of the rock jetty, located southerly of the mouth of West at the shoreline at the foot of the Harbor River Road] and its tributaries ly- Pond, to the westernmost end of the rock jetty with adjacent wooden ing north and east of the fixed dock at Orient Yacht Club and then east of a walkway, located on Dosoris Island, northerly of the mouth of West Pond line extending northerly from the northwestern corner of the northwestern (local names, local landmarks).] between lines extending 500 feet most dock of the Orient Yacht Club to an orange marker on the beach 275 northwesterly from the seaward ends of the rock jetties on each side of the yards northwest of the northernmost corner of the bulkhead at the foot of entrance to West Pond (local names, local landmarks). Harbor River Road and all that area of Oyster Ponds in its entirety. Clause 41.2(b)(4)(ii)(‘c’) is amended to read as follows: Clauses 41.3(b)(7)(xiii)(‘c’) and (‘d’) are repealed. (‘c’) All that area of West Pond and that portion of Hempstead Clause 41.3(b)(7)(xiii)(‘e’) is renumbered Clause 41.3(b)(7)(xiii)(‘c’). Harbor lying [southerly and easterly of a line extending northerly from the Renumbered Clause 41.3(b)(7)(xiii)(‘c’) is amended to read as follows: westernmost end of the rock jetty, located southerly of the mouth of West (‘c’) Spring Pond. During the period January 1[st] through Pond, to the westernmost end of the rock jetty with adjacent wooden December 31[st], both dates inclusive, all that area of Spring Pond includ- walkway, located on Dosoris Island, northerly of the mouth of West Pond ing tributaries, and all that area of Orient Harbor within 500 feet in all (local names, local landmarks).] between lines extending 500 feet directions of the southeastern end of the easternmost bulkhead at the northwesterly from the seaward ends of the rock jetties on each side of the entrance to Spring Pond. entrance to West Pond (local names, local landmarks). Clause 41.3(b)(7)(xiii)(‘f’) is repealed. Subparagraph 41.3(b)(4)(xiv) is amended to read as follows: Subparagraph 41.3(b)(7)(xv) is amended to read as follows: (xiv) [Noyac] Noyack Creek. During the period May [1st] 1 (xv) Little Peconic Bay. Richmond Creek. During the period [April through November [30th] 30 (both dates inclusive) all that area of [Noyac] 1st] May 1 through October 31[st], both dates inclusive, all that area of Noyack Creek lying southerly of a line extending southwesterly from the Richmond Creek lying west of a line extending north from the easternmost southwesternmost point of land on Clam Island to the opposite shoreline point of land at the south side of the mouth of Richmond Creek to the op- located at Morton National Wildlife Refuge in Noyack. posite shore. Clauses 41.3(b)(4)(xv)(‘a’), (‘b’) and (‘c’) are amended to read as Paragraph 41.3(b)(10) is amended to read as follows: follows: (10) Town of [Smith Town] Smithtown (‘a’) During the period May [15th] 1 through [October 15th] Clauses 41.3(b)(10)(i)(‘a’) and (‘b’) are amended to read as follows: November 30 (both dates inclusive), all that area of Cold Spring Pond (‘a’) All that area of Smithtown Bay, including the Nissequogue within the former Lobster Inn Boat Basin (local names, local landmark), River and its tributaries and Sunken Meadow Creek, lying south of a line lying northwest of a line extending northeasterly along the fixed wooden extending northeasterly from the flagpole at the East Bath House at Sunken dock of the former Lobster Inn Restaurant to the opposite shoreline, and Meadow State Park (local landmark) to Buoy BW ‘‘NR’’, located (at all that area lying southeast of a line extending southwesterly from the coordinates 40° 55.395' N latitude and 73° 13.745' W longitude), ap- northwesternmost point of land on the unnamed peninsula bordering the proximately one mile north of the mouth of the Nissequogue River, thence northeastern side of the cove, continuing southwesterly to the opposite southeasterly to the flagpole located at the Town of Smithtown Beach at shoreline (adjacent to the former Lobster Inn Restaurant). Short Beach (local landmark). (‘b’) During the period January [1st] 1 through December [31st] (‘b’) All that area within a one-half mile radius of Buoy BW 31 (both dates inclusive), all that area of the former Lobster Inn Boat Basin ‘‘NR’’, (at coordinates 40° 55.395' N latitude and 73° 13.745' W longi- lying southeast of a line extending northeasterly along the fixed wooden tude), approximately one mile north of the mouth of the Nissequogue dock of the former Lobster Inn Restaurant to the opposite shoreline. River. (‘c’) During the period May [1st] 1 through November [30th] 30, both dates inclusive, all that area of Cold Spring Pond lying northeast This notice is intended to serve only as a notice of emergency adoption. of a line extending southeasterly from an orange marker located on the This agency intends to adopt this emergency rule as a permanent rule and northern shoreline in the northeastern corner of the pond to another orange will publish a notice of proposed rule making in the State Register at some marker located on the eastern shoreline adjacent to Shrubland Road. future date. The emergency rule will expire July 30, 2018. Subparagraph 41.3(b)(5)(vii) is amended to read as follows: Text of rule and any required statements and analyses may be obtained (vii) [During the period May 15th through October 15th (both dates from: Matthew Richards, NYS Department of Environmental Conserva- inclusive), all] Devon Yacht Club. All that area of the Devon Yacht Club tion, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733, (631) Boat Basin (local name), located on the southern side of Napeague Bay. 444-0491, email: [email protected] Clause 41.3(b)(5)(viii)(‘a’) is amended to read as follows: Regulatory Impact Statement (‘a’) Alewife Pond. All that area of Alewife Pond, including 1. Statutory authority: entrance channel and all that area of Northwest Harbor, within [50] 300 The statutory authority for designating shellfish lands as certified or yards in all directions from the inlet of Alewife Pond. uncertified is given in Environmental Conservation Law (ECL) section

29 Rule Making Activities NYS Register/May 23, 2018

13-0307. Subdivision 1 of section 13-0307 of the ECL requires the Depart- As of December 31, 2016, the department had issued 1,746 New York ment of Environmental Conservation (the department) to periodically State shellfish digger’s permits for the year 2016. However, the actual conduct examinations of all shellfish lands within the marine district to number of those individuals who harvest shellfish commercially full time ascertain the sanitary condition of these areas. Subdivision 2 of this sec- is not known. Recreational harvesters who wish to harvest more than the tion requires the department to certify which shellfish lands are in such daily recreational limit of 100 hard clams, with no intent to sell their catch, sanitary condition that shellfish may be taken for food. Such lands are can only do so by purchasing a New York State digger’s permit. The designated as certified shellfish lands. All other shellfish lands are number of individuals who hold shellfish digger’s permits for that type of designated as uncertified. The statutory authority for promulgating regula- recreational harvest is unknown. The department’s records do not dif- tions with respect to the harvest of shellfish is given in ECL section 13- ferentiate between full time and part-time commercial or recreational 0319. shellfish harvesters. 2. Legislative objectives: The number of harvesters working in a particular area cannot be There are two purposes of the legislation: to ensure that shellfish lands estimated for the reason stated above. In addition, the number of harvest- are appropriately classified as either certified or uncertified and to protect ers in a particular area is dependent upon the season, the amount of shell- public health by preventing the harvest and consumption of shellfish from fish resource in the area, the price of shellfish and other economic factors, lands that do not meet the standards for a certified shellfish land. This unrelated to the department’s proposed regulatory action. When a particu- legislation requires the department to examine shellfish lands and lar area is classified as uncertified (closed to shellfish harvesting), harvest- determine which shellfish lands meet the sanitary criteria for a certified ers can shift their efforts to other certified areas. shellfish land, as set forth in Part 47 of Title 6 NYCRR, promulgated pur- Estimates of the existing shellfish resource in a particular embayment suant to section 13-0319 of the ECL. Shellfish lands which meet these are not known. Recent shellfish population assessments have not been criteria must be designated as certified. Shellfish lands which do not meet conducted by the department. Without this information, the department criteria must be designated as uncertified to prevent the harvest of shellfish from those lands. cannot determine the effect a closure or reopening would have on the exist- 3. Needs and benefits: ing shellfish resource. To protect public health and to comply with ECL 13-0307, the Division The department’s actions to classify areas as certified or uncertified are of Marine Resources’ Shellfish Sanitation Program conducts and maintains not dependent on the shellfish resources in a particular area. They are sanitary surveys of shellfish growing areas (SGA) in the marine district in based solely on the results of water quality analyses, the need to protect New York State. Maintenance of these surveys includes the regular collec- public health, and statutory requirements. tion and bacteriological examination of water samples to monitor the There is no cost to the department. Administration and enforcement of sanitary condition of SGAs. Annual water quality evaluation reports writ- the proposed amendment are covered by existing programs. ten in 2017 are prepared by the staff of the Shellfish Sanitation Program 5. Local government mandates: for each SGA. These reports present the results of statistical analyses of The proposed rule does not impose any mandates on local government. water quality data comprised of a minimum of 30 water quality data points. 6. Paperwork: The years involved can vary based on the number of samples collected for No new paperwork is required. each year, for each growing area. 7. Duplication: The report summary may state that all or portions of an SGA should be The proposed amendment does not duplicate any state or federal designated as uncertified for the harvest of shellfish or that all, or portions requirement. of an SGA should be designated as certified or seasonally uncertified for 8. Alternatives: the harvest of shellfish based on criteria in 6NYCRR Part 47. Seasonally There are no acceptable alternatives. ECL section 13-0307 stipulates uncertified areas are closed for the harvest of shellfish during particular that when the department has determined that a shellfish land meets the months that are specified in regulations and those months can vary from sanitary criteria for certified shellfish lands, the department must designate SGA to SGA. the land as certified and open to shellfish harvesting. All other shellfish Regulations that designate shellfish lands as certified are needed to al- lands must be designated as uncertified and closed to shellfish harvesting. low the harvest of shellfish from lands that meet the sanitary criteria for a These actions are necessary to protect public health. Failure to comply certified area. Shellfish are a valuable state resource and, where possible, with the National Shellfish Sanitation Program (NSSP) guidelines could should be available for commercial and recreational harvest. The clas- result in a ban on New York State shellfish in interstate commerce and sification of previously uncertified shellfish lands as certified may provide would cause undue hardship to the commercial harvesting industry. additional sources of income for commercial shellfish diggers by increas- 9. Federal standards: ing the amount of areas available for harvest. The direct harvest of shell- There are no federal standards regarding the certification of shellfish fish for use as food is allowed from certified shellfish lands only. Recre- lands. New York and other shellfish producing and shipping states partici- ational harvesters also benefit by having increased harvest opportunities pate in the National Shellfish Sanitation Program (NSSP) which provides and the ability to make use of a natural resource readily available to the guidelines intended to promote uniformity in shellfish sanitation standards public. among members. The NSSP is a cooperative program consisting of the Regulations that designate shellfish lands as uncertified are needed to federal government, states and the shellfish industry. Participation in the prevent the harvest and consumption of shellfish from lands that do not NSSP is voluntary, but participating states agree to follow NSSP water meet the sanitary criteria for a certified area. Shellfish harvested from quality standards. Each state adopts its own regulations to implement a uncertified shellfish lands have a greater potential to cause human illness shellfish sanitation program consistent with the NSSP. The U.S. Food and due to the possible presence of pathogenic bacteria or viruses. These Drug Administration (FDA) evaluates state programs and standards rela- pathogens may cause the transmission of infectious disease to the shellfish tive to NSSP guidelines. Substantial non-conformity with NSSP guidelines consumer. can result in sanctions being taken by FDA, including removal of the These regulations also protect the shellfish industry. Commercial shell- state’s shellfish shippers from the Interstate Certified Shellfish Shippers fish harvesters and seafood wholesalers, retailers, and restaurants are List. This would effectively bar a non-conforming state’s shellfish adversely affected by public reaction to instances of shellfish related products from interstate commerce. illness. By prohibiting the harvest of shellfish from lands that fail to meet 10. Compliance schedule: the sanitary criteria, these regulations can ensure that only wholesome Compliance with any new regulations designating areas as certified or shellfish are allowed to be sold to the shellfish consumer. uncertified does not require additional capital expense, paperwork, record Additionally, these regulations include changes to the shellfish growing keeping or any action by the regulated parties. Immediate compliance area descriptions that will update, clarify and correct them to match the with any regulation designating shellfish lands as uncertified is necessary current physical appearance and names of local landmarks cited in the to protect public health. Shellfish harvesters are notified of changes in the descriptions and to achieve better consistency within Part 41. These classification of shellfish lands by mail either prior to, or concurrent with, changes will aid harvesters and law enforcement officials in determining the adoption of new regulations. Therefore, immediate compliance can be which areas are uncertified for the harvest of shellfish. readily achieved. 4. Costs: Regulatory Flexibility Analysis There will be no costs to State or local governments. No direct costs 1. Effect of rule: will be incurred by regulated commercial shellfish harvesters in the form As of December 31, 2016, there were 1,746 licensed shellfish diggers in of initial capital investment or initial non-capital expenses, in order to New York State for the year 2016. The numbers of permits issued for areas comply with these proposed regulations. The department cannot provide in the State are as follows: Town of Babylon, 47; Town of Brookhaven, an estimate of potential lost income to shellfish harvesters when areas are 286; Town of East Hampton, 235; Town of Hempstead, 108; Town of classified as uncertified, due to a number of variables that are associated Huntington, 156; Town of Islip, 139; Town of North Hempstead, 9; Town with commercial shellfish harvesting; nor can the potential benefits be of Oyster Bay, 108; Town of Riverhead, 69; Town of Shelter Island, 52; estimated when areas are reopened. Those variables are listed in the fol- Town of Smithtown, 38; Town of Southampton, 173; Town of Southold, lowing three paragraphs. 251; New York City, 46; and Other, 16.

30 NYS Register/May 23, 2018 Rule Making Activities

The Department of Environmental Conservation (the department) Pursuant to SAPA 202-b (1-a)(b), no such cure period is included in the periodically conducts examinations of all shellfish lands within the marine rule because of the potential adverse impact that it could have on the health district to ascertain the sanitary condition of these areas. As a result of of shellfish consumers. Immediate compliance is required to ensure that these examinations, the department will designate lands as certified for the public health is protected. harvest of shellfish or uncertified for the harvest of shellfish. Any change 9. Initial review of the rule, pursuant to SAPA § 207 as amended by L. in the designation of shellfish lands may have an effect on shellfish diggers. 2012, ch. 462: Each time shellfish lands or portions of shellfish lands are designated as The rule will be reviewed in three years. uncertified, there may be some loss of income for shellfish diggers who Rural Area Flexibility Analysis are harvesting shellfish from the lands to be closed. This loss may be The Department of Environmental Conservation has determined that this determined by the acreage to be closed, the type of closure (whether year- rule will not impose an adverse impact on rural areas. This rule making round or seasonal), the species of shellfish present in the area, the area’s only affects the marine and coastal district of the State; there are no rural productivity, and the market value of the shellfish resource in the particu- areas within the marine and coastal district. The shellfish fishery is entirely lar area. located within the marine and coastal district, and is not located adjacent When uncertified shellfish lands are found to meet the department’s to any rural areas of the State. The proposed rule will not impose any sanitary criteria and are designated by the department as certified, there is a benefit to shellfish diggers. More shellfish lands are made available for reporting, record keeping, or other compliance requirements on public or the harvest of shellfish, and there is a potential for an increase in income private entities in rural areas. Since no rural areas will be affected by the for shellfish diggers. Again, the effect of the re-opening of a harvesting proposed amendments of 6 NYCRR Part 41, DEC has determined that a area is determined by the shellfish species present, the area’s productivity, Rural Area Flexibility Analysis is not required. and the market value of the shellfish resource in the area. Job Impact Statement Shellfish growing area descriptions will be updated, clarified and cor- 1. Nature of impact: rected to match the current physical appearance and names of local Environmental Conservation Law section 13-0307 requires that the landmarks cited in the descriptions and to achieve better consistency department examine shellfish lands and certify which shellfish lands are in within Part 41. These changes will aid harvesters and law enforcement of- such sanitary condition that shellfish may be taken for use as food. Shell- ficials in determining which areas are uncertified for the harvest of fish lands that do not meet the criteria for certified (open) shellfish lands shellfish. must be designated as uncertified (closed) to protect public health. Local governments on Long Island exercise management authority and Rule makings to amend 6 NYCRR 41, Sanitary Condition of Shellfish share law enforcement responsibility for shellfish with the State and the Lands, can potentially have a positive or negative effect on jobs for shell- counties of Nassau and Suffolk. These include the towns of Hempstead, fish harvesters. Amendments to reclassify areas as certified may increase North Hempstead and Oyster Bay in Nassau County and the towns of job opportunities, while amendments to reclassify areas as uncertified may Babylon, Islip, Brookhaven, Southampton, East Hampton, Southold, limit harvesting opportunities. Shelter Island, Riverhead, Smithtown and Huntington in Suffolk County. The department does not have specific information regarding the loca- Changes in the classification of shellfish lands impose no additional tions in which individual diggers harvest shellfish, and therefore is unable requirements on local governments above the level of management and to assess the specific job impacts on individual shellfish diggers. In gen- enforcement that they normally undertake; therefore, there should be no eral terms, amendments of 6 NYCRR Part 41 to designate areas as uncerti- effect on local governments. fied can have negative impacts on harvesting opportunities. The extent of 2. Compliance requirements: the impact will be determined by the acreage closed, the type of closure There are no reporting or recordkeeping requirements for small busi- (year-round or seasonal), the area’s productivity, and the market value of nesses or local governments. the shellfish. In general, any negative impacts are small because the 3. Professional services: department’s actions to designate areas as uncertified typically only affect Small businesses and local governments will not require any profes- a small portion of the shellfish lands in the state. Negative impacts are also sional services to comply with proposed rules. diminished in many instances by the fact that shellfish harvesters are able 4. Compliance costs: to redirect effort to adjacent certified areas. There are no capital costs which will be incurred by small businesses or Amendments of 6 NYCRR Part 41 to designate areas as certified can local governments. have positive impacts on harvesting opportunities. This action results in 5. Economic and technological feasibility: financial benefits for commercial fisherman and increased opportunities There is no reporting, recordkeeping, or affirmative actions that small for recreational shellfish harvesters. Increasing the amount of certified businesses or local governments must undertake to comply with the shellfish harvesting areas can provide a financial benefit due to the proposed rules. Similarly, small businesses and local governments will not increased availability of shellfish resources. have to retain any professional services or incur any capital costs to 2. Categories and numbers affected: comply with such rules. As a result, it should be economically and techni- Licensed commercial shellfish diggers can be affected by amendments cally feasible for small businesses and local governments to comply with to 6 NYCRR Part 41. Most harvesters are self-employed, but there are this rule. some who work for companies with privately controlled shellfish lands or 6. Minimizing adverse impact: who harvest surf clams or ocean quahogs in the Atlantic Ocean. The designation of shellfish lands as uncertified may have an adverse As of December 31, 2016, there were 1,746 licensed shellfish diggers in impact on commercial shellfish diggers. All diggers in the towns affected New York State for the year 2016. The numbers of permits issued for areas by proposed closures will be notified by mail of the designation of shell- in the State are as follows: Town of Babylon, 47; Town of Brookhaven, fish lands as uncertified prior to, or concurrent with the date the closures 286; Town of East Hampton, 235; Town of Hempstead, 108; Town of go into effect. Shellfish lands which fail to meet the sanitary criteria dur- Huntington, 156; Town of Islip, 139; Town of North Hempstead, 9; Town ing specific months of the year will be designated as uncertified only dur- of Oyster Bay, 108; Town of Riverhead, 69; Town of Shelter Island, 52; ing those months. During the other months, shellfish may be harvested Town of Smithtown, 38; Town of Southampton, 173; Town of Southold, from those lands when they are certified. To further minimize any adverse 251; New York City, 46; and Other, 16. effects of proposed closures, towns may request that uncertified shellfish It is estimated that ten (10) to twenty-five (25) percent of the diggers are lands be considered for conditionally certified designation or for a shell- full-time harvesters. The remainder are seasonal or part-time harvesters. fish transplant project. Shellfish diggers will also be able to shift harvest- 3. Regions of adverse impact: ing effort to nearby certified shellfish lands. There should be no significant Certified shellfish lands that could potentially be affected by amend- adverse impact on local governments from these changes in the classifica- ments to 6 NYCRR Part 41 are located within or adjacent to Nassau tion of shellfish lands. County and Suffolk County. There is no potential adverse impact to jobs 7. Small business and local government participation: in any other areas of New York State. Impending shellfish closures are discussed at regularly scheduled Shell- 4. Minimizing adverse impact: fish Advisory Committee meetings. This committee, organized by the Shellfish lands are designated as uncertified to protect public health as department, is comprised of representatives of local baymen’s associa- required by the Environmental Conservation Law. Some impact from rule tions, shellfish shippers and local town officials. Through their representa- makings to close areas that do not meet the criteria for certified shellfish tives, shellfish harvesters and shippers can express their opinions and give lands is unavoidable. recommendations to the department concerning shellfish land To minimize the impact of closures of shellfish lands, the department classification. Local governments, state legislators, and baymen’s evaluates areas to determine whether they can be opened seasonally dur- organizations are notified by mail and given the opportunity to comment ing periods of improved water quality. The department also operates on any proposed rulemaking. The department will consider any such com- conditional harvesting programs at the request of, and in cooperation with, ments prior to filing a Notice of Adoption with the Department of State. local governments. Conditional harvesting programs allow harvest in 8. Cure period or other opportunity for ameliorative action: uncertified areas under prescribed conditions, determined by studies, when

31 Rule Making Activities NYS Register/May 23, 2018 bacteriological water quality is acceptable. Additionally, the department lying northwest of a line extending northeasterly along the fixed wooden operates shellfish transplant harvesting programs which allow removal of dock of the former Lobster Inn Restaurant to the opposite shoreline, and shellfish from closed areas for bacterial cleansing in certified areas, thereby all that area lying southeast of a line extending southwesterly from the recovering a valuable resource. Conditional harvesting and shellfish trans- northwesternmost point of land on the unnamed peninsula bordering the plant programs increase harvesting opportunities by making the resource northeastern side of the cove, continuing southwesterly to the opposite in a closed area available under controlled conditions. shoreline (adjacent to the former Lobster Inn Restaurant). 5. Self-employment opportunities: (b) During the period January [1st] 1 through December [31st] A large majority of shellfish harvesters in New York State are self- 31 (both dates inclusive), all that area of the former Lobster Inn Boat Basin employed. Rule makings to change the classification of shellfish lands can lying southeast of a line extending northeasterly along the fixed wooden have an impact on self-employment opportunities. The impact is depen- dock of the former Lobster Inn Restaurant to the opposite shoreline. dent on the size and productivity of the affected area and the availability (c) During the period May [1st] 1 through November [30th] 30, of adjacent lands for shellfish harvesting. both dates inclusive, all that area of Cold Spring Pond lying northeast of a line extending southeasterly from an orange marker located on the PROPOSED RULE MAKING northern shoreline in the northeastern corner of the pond to another orange NO HEARING(S) SCHEDULED marker located on the eastern shoreline adjacent to Shrubland Road. Subparagraph 41.3(b)(5)(vii) is amended to read as follows: (vii) [During the period May 15th through October 15th (both dates Sanitary Condition of Shellfish Lands inclusive), all] Devon Yacht Club. All that area of the Devon Yacht Club I.D. No. ENV-21-18-00028-P Boat Basin (local name), located on the southern side of Napeague Bay. Clause 41.3(b)(5)(viii)(a) is amended to read as follows: (a) Alewife Pond. All that area of Alewife Pond, including PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- entrance channel and all that area of Northwest Harbor, within [50] 300 cedure Act, NOTICE is hereby given of the following proposed rule: yards in all directions from the inlet of Alewife Pond. Proposed Action: Amendment of Part 41 of Title 6 NYCRR. Clause 41.3(b)(5)(ix)(c) is amended to read as follows: Statutory authority: Environmental Conservation Law, sections 13-0307 (c) In the absence of [the] one or both painted markers, all of and 13-0319 Northwest Creek is uncertified. Clause 41.3(b)(7)(iii)(c) is amended to read as follows: Subject: Sanitary Condition of Shellfish Lands. (c) Wickham Creek. During the period of May 15 through Purpose: To reclassify underwater shellfish lands to protect public health. October 31, both dates inclusive, all that area of Wickham Creek and its Text of proposed rule: 6 NYCRR Part 41 is amended to read as follows: tributaries. Clause 41.2(b)(1)(ii)(e) is amended to read as follows: Subclauses 41.3(b)(7)(iii)(c)(1) and (2) are repealed. (e) [All] During the period of November 1 through April 30, Subclause 41.3(b)(7)(iii)(c)(3) is renumbered Subclause both dates inclusive, all that area of East Bay and all other bays, creeks, 41.3(b)(7)(iii)(c)(1). canals and tributaries lying [east and within the boundaries north of a line Clause 41.3(b)(7)(xi)(e) is amended to read as follows: extending southerly from the westernmost point of land at Big Crow Island (e) West Creek. During the period of [May 1st through Novem- at Neds Creek to the southwestern corner of the Fundy Channel Bridge of ber 30th] January 1 through December 31, both dates inclusive, all that the Meadowbrook Parkway on West Crow Island, and] north of a line area of West Creek [including], and all that area of Great Peconic Bay extending easterly from the southwestern corner of the Fundy Channel within 750 feet in all directions of the southernmost point of the jetty on Bridge of the Meadowbrook Parkway on West Crow Island to the the east side of the mouth of West Creek. northwestern tip of the Sloop Channel Bridge of the Wantagh State Subclause 41.3(b)(7)(xii)(b)(2) is amended to read as follows: Parkway connecting Green Island with Jones Beach State Park, and west (2) During the period [April 15th to December 31] May 1 of a line extending northerly along the western shoreline of Green Island through November 30, both dates inclusive, all that area of Jockey Creek, to the southwestern tip of the Goose Creek Bascule Bridge of the Wantagh Town Creek and tributaries, lying west of a line extending southerly from State Parkway, connecting Green Island with Great (Low) Island, [and the south end of Terry Road directly to the opposite shore. south of a line extending westerly to the westernmost point of land of Big Clause 41.3(b)(7)(xii)(d) is amended to read as follows: Crow Island on Neds Creek.] then continuing northerly along the shoreline (d) Goose Creek. During the period [April 15th through Decem- to the westernmost point of Great (Low) Island, and continuing northwest- ber 31st] May 1 through November 30, both dates inclusive, all that area erly to the southernmost point of land at Whaleneck Point, and lying south of Goose Creek lying south and west of the Goose Creek Bridge (local and east of a line extending southwesterly to the northernmost tip of Big landmarks). Crow Island at Neds Creek, continuing along the western shore of Big Clause 41.3(b)(7)(xiii)(a) is amended to read as follows: Crow Island, to the southwestern corner of the Fundy Channel Bridge of (a) Oyster Ponds. During the period May [15th] 1 through the Meadowbrook Parkway on West Crow Island. October 31[st], both dates inclusive, all that area of Orient Harbor [lying Clause 41.2(b)(3)(ii)(c) is amended to read as follows: east of a line extending northerly from the tip of the northwesternmost (c) All that area of West Pond and that portion of Hempstead dock of the Orient Yacht Club to the northernmost corner of the bulkhead Harbor lying [southerly and easterly of a line extending northerly from the at the shoreline at the foot of the Harbor River road] and its tributaries ly- westernmost end of the rock jetty, located southerly of the mouth of West ing north and east of the fixed dock at Orient Yacht Club and then east of a Pond, to the westernmost end of the rock jetty with adjacent wooden line extending northerly from the northwestern corner of the northwestern walkway, located on Dosoris Island, northerly of the mouth of West Pond most dock of the Orient Yacht Club to an orange marker on the beach 275 (local names, local landmarks).] between lines extending 500 feet yards northwest of the northernmost corner of the bulkhead at the foot of northwesterly from the seaward ends of the rock jetties on each side of the Harbor River Road and all that area of Oyster Ponds in its entirety. entrance to West Pond (local names, local landmarks). Clauses 41.3(b)(7)(xiii)(c) and (d) are repealed. Clause 41.2(b)(4)(ii)(c) is amended to read as follows: Clause 41.3(b)(7)(xiii)(e) is renumbered Clause 41.3(b)(7)(xiii)(c). (c) All that area of West Pond and that portion of Hempstead Renumbered Clause 41.3(b)(7)(xiii)(c) is amended to read as follows: Harbor lying [southerly and easterly of a line extending northerly from the (c) Spring Pond. During the period January 1[st] through westernmost end of the rock jetty, located southerly of the mouth of West December 31[st], both dates inclusive, all that area of Spring Pond includ- Pond, to the westernmost end of the rock jetty with adjacent wooden ing tributaries, and all that area of Orient Harbor within 500 feet in all walkway, located on Dosoris Island, northerly of the mouth of West Pond directions of the southeastern end of the easternmost bulkhead at the (local names, local landmarks).] between lines extending 500 feet entrance to Spring Pond. northwesterly from the seaward ends of the rock jetties on each side of the Clause 41.3(b)(7)(xiii)(f) is repealed. entrance to West Pond (local names, local landmarks). Subparagraph 41.3(b)(7)(xv) is amended to read as follows: Subparagraph 41.3(b)(4)(xiv) is amended to read as follows: (xv) Little Peconic Bay. Richmond Creek. During the period [April (xiv) [Noyac] Noyack Creek. During the period May [1st] 1 1st] May 1 through October 31[st], both dates inclusive, all that area of through November [30th] 30 (both dates inclusive) all that area of [Noyac] Richmond Creek lying west of a line extending north from the easternmost Noyack Creek lying southerly of a line extending southwesterly from the point of land at the south side of the mouth of Richmond Creek to the op- southwesternmost point of land on Clam Island to the opposite shoreline posite shore. located at Morton National Wildlife Refuge in Noyack. Paragraph 41.3(b)(10) is amended to read as follows: Clauses 41.3(b)(4)(xv)(a), (b) and (c) are amended to read as follows: (10) Town of [Smith Town] Smithtown (a) During the period May [15th] 1 through [October 15th] Clauses 41.3(b)(10)(i)(a) and (b) are amended to read as follows: November 30 (both dates inclusive), all that area of Cold Spring Pond (a) All that area of Smithtown Bay, including the Nissequogue within the former Lobster Inn Boat Basin (local names, local landmark), River and its tributaries and Sunken Meadow Creek, lying south of a line

32 NYS Register/May 23, 2018 Rule Making Activities extending northeasterly from the flagpole at the East Bath House at Sunken These regulations also protect the shellfish industry. Commercial shell- Meadow State Park (local landmark) to Buoy BW ‘‘NR’’, located (at fish harvesters and seafood wholesalers, retailers, and restaurants are coordinates 40° 55.395' N latitude and 73° 13.745' W longitude), ap- adversely affected by public reaction to instances of shellfish related proximately one mile north of the mouth of the Nissequogue River, thence illness. By prohibiting the harvest of shellfish from lands that fail to meet southeasterly to the flagpole located at the Town of Smithtown Beach at the sanitary criteria, these regulations can ensure that only wholesome Short Beach (local landmark). shellfish are allowed to be sold to the shellfish consumer. (b) All that area within a one-half mile radius of Buoy BW Additionally, these regulations include changes to the shellfish growing ‘‘NR’’, (at coordinates 40° 55.395' N latitude and 73° 13.745' W longi- area descriptions that will update, clarify and correct them to match the tude), approximately one mile north of the mouth of the Nissequogue current physical appearance and names of local landmarks cited in the River. descriptions and to achieve better consistency within Part 41. These Text of proposed rule and any required statements and analyses may be changes will aid harvesters and law enforcement officials in determining obtained from: Matthew Richards, NYS Department of Environmental which areas are uncertified for the harvest of shellfish. Conservation, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733, 4. Costs: (631) 444-0491, email: [email protected] There will be no costs to State or local governments. No direct costs Data, views or arguments may be submitted to: Same as above. will be incurred by regulated commercial shellfish harvesters in the form Public comment will be received until: 60 days after publication of this of initial capital investment or initial non-capital expenses, in order to notice. comply with these proposed regulations. The department cannot provide Regulatory Impact Statement an estimate of potential lost income to shellfish harvesters when areas are 1. Statutory authority: classified as uncertified, due to a number of variables that are associated The statutory authority for designating shellfish lands as certified or with commercial shellfish harvesting; nor can the potential benefits be uncertified is given in Environmental Conservation Law (ECL) section estimated when areas are reopened. Those variables are listed in the fol- 13-0307. Subdivision 1 of section 13-0307 of the ECL requires the Depart- lowing three paragraphs. ment of Environmental Conservation (the department) to periodically As of December 31, 2016, the department had issued 1,746 New York conduct examinations of all shellfish lands within the marine district to State shellfish digger’s permits for the year 2016. However, the actual ascertain the sanitary condition of these areas. Subdivision 2 of this sec- number of those individuals who harvest shellfish commercially full time tion requires the department to certify which shellfish lands are in such is not known. Recreational harvesters who wish to harvest more than the sanitary condition that shellfish may be taken for food. Such lands are daily recreational limit of 100 hard clams, with no intent to sell their catch, designated as certified shellfish lands. All other shellfish lands are can only do so by purchasing a New York State digger’s permit. The designated as uncertified. The statutory authority for promulgating regula- number of individuals who hold shellfish digger’s permits for that type of tions with respect to the harvest of shellfish is given in ECL section 13- recreational harvest is unknown. The department’s records do not dif- 0319. ferentiate between full time and part-time commercial or recreational 2. Legislative objectives: shellfish harvesters. There are two purposes of the legislation: to ensure that shellfish lands The number of harvesters working in a particular area cannot be are appropriately classified as either certified or uncertified and to protect estimated for the reason stated above. In addition, the number of harvest- public health by preventing the harvest and consumption of shellfish from ers in a particular area is dependent upon the season, the amount of shell- lands that do not meet the standards for a certified shellfish land. This fish resource in the area, the price of shellfish and other economic factors, legislation requires the department to examine shellfish lands and unrelated to the department’s proposed regulatory action. When a particu- determine which shellfish lands meet the sanitary criteria for a certified lar area is classified as uncertified (closed to shellfish harvesting), harvest- shellfish land, as set forth in Part 47 of Title 6 NYCRR, promulgated pur- ers can shift their efforts to other certified areas. suant to section 13-0319 of the ECL. Shellfish lands which meet these Estimates of the existing shellfish resource in a particular embayment criteria must be designated as certified. Shellfish lands which do not meet are not known. Recent shellfish population assessments have not been criteria must be designated as uncertified to prevent the harvest of shellfish conducted by the department. Without this information, the department from those lands. cannot determine the effect a closure or reopening would have on the exist- 3. Needs and benefits: ing shellfish resource. To protect public health and to comply with ECL 13-0307, the Division The department’s actions to classify areas as certified or uncertified are of Marine Resources’ Shellfish Sanitation Program conducts and maintains not dependent on the shellfish resources in a particular area. They are sanitary surveys of shellfish growing areas (SGA) in the marine district in based solely on the results of water quality analyses, the need to protect New York State. Maintenance of these surveys includes the regular collec- public health, and statutory requirements. tion and bacteriological examination of water samples to monitor the There is no cost to the department. Administration and enforcement of sanitary condition of SGAs. Annual water quality evaluation reports writ- the proposed amendment are covered by existing programs. ten in 2017 are prepared by the staff of the Shellfish Sanitation Program 5. Local government mandates: for each SGA. These reports present the results of statistical analyses of The proposed rule does not impose any mandates on local government. water quality data comprised of a minimum of 30 water quality data points. 6. Paperwork: The years involved can vary based on the number of samples collected for No new paperwork is required. each year, for each growing area. 7. Duplication: The report summary may state that all or portions of an SGA should be The proposed amendment does not duplicate any state or federal designated as uncertified for the harvest of shellfish or that all, or portions requirement. of an SGA should be designated as certified or seasonally uncertified for 8. Alternatives: the harvest of shellfish based on criteria in 6NYCRR Part 47. Seasonally There are no acceptable alternatives. ECL section 13-0307 stipulates uncertified areas are closed for the harvest of shellfish during particular that when the department has determined that a shellfish land meets the months that are specified in regulations and those months can vary from sanitary criteria for certified shellfish lands, the department must designate SGA to SGA. the land as certified and open to shellfish harvesting. All other shellfish Regulations that designate shellfish lands as certified are needed to al- lands must be designated as uncertified and closed to shellfish harvesting. low the harvest of shellfish from lands that meet the sanitary criteria for a These actions are necessary to protect public health. Failure to comply certified area. Shellfish are a valuable state resource and, where possible, with the National Shellfish Sanitation Program (NSSP) guidelines could should be available for commercial and recreational harvest. The clas- result in a ban on New York State shellfish in interstate commerce and sification of previously uncertified shellfish lands as certified may provide would cause undue hardship to the commercial harvesting industry. additional sources of income for commercial shellfish diggers by increas- 9. Federal standards: ing the amount of areas available for harvest. The direct harvest of shell- There are no federal standards regarding the certification of shellfish fish for use as food is allowed from certified shellfish lands only. Recre- lands. New York and other shellfish producing and shipping states partici- ational harvesters also benefit by having increased harvest opportunities pate in the National Shellfish Sanitation Program (NSSP) which provides and the ability to make use of a natural resource readily available to the guidelines intended to promote uniformity in shellfish sanitation standards public. among members. The NSSP is a cooperative program consisting of the Regulations that designate shellfish lands as uncertified are needed to federal government, states and the shellfish industry. Participation in the prevent the harvest and consumption of shellfish from lands that do not NSSP is voluntary, but participating states agree to follow NSSP water meet the sanitary criteria for a certified area. Shellfish harvested from quality standards. Each state adopts its own regulations to implement a uncertified shellfish lands have a greater potential to cause human illness shellfish sanitation program consistent with the NSSP. The U.S. Food and due to the possible presence of pathogenic bacteria or viruses. These Drug Administration (FDA) evaluates state programs and standards rela- pathogens may cause the transmission of infectious disease to the shellfish tive to NSSP guidelines. Substantial non-conformity with NSSP guidelines consumer. can result in sanctions being taken by FDA, including removal of the

33 Rule Making Activities NYS Register/May 23, 2018 state’s shellfish shippers from the Interstate Certified Shellfish Shippers go into effect. Shellfish lands which fail to meet the sanitary criteria dur- List. This would effectively bar a non-conforming state’s shellfish ing specific months of the year will be designated as uncertified only dur- products from interstate commerce. ing those months. During the other months, shellfish may be harvested 10. Compliance schedule: from those lands when they are certified. To further minimize any adverse Compliance with any new regulations designating areas as certified or effects of proposed closures, towns may request that uncertified shellfish uncertified does not require additional capital expense, paperwork, record lands be considered for conditionally certified designation or for a shell- keeping or any action by the regulated parties. Immediate compliance fish transplant project. Shellfish diggers will also be able to shift harvest- with any regulation designating shellfish lands as uncertified is necessary ing effort to nearby certified shellfish lands. There should be no significant to protect public health. Shellfish harvesters are notified of changes in the adverse impact on local governments from these changes in the classifica- classification of shellfish lands by mail either prior to, or concurrent with, tion of shellfish lands. the adoption of new regulations. Therefore, immediate compliance can be 7. Small business and local government participation: readily achieved. Impending shellfish closures are discussed at regularly scheduled Shell- Regulatory Flexibility Analysis fish Advisory Committee meetings. This committee, organized by the 1. Effect of rule: department, is comprised of representatives of local baymen’s associa- As of December 31, 2016, there were 1,746 licensed shellfish diggers in tions, shellfish shippers and local town officials. Through their representa- New York State for the year 2016. The numbers of permits issued for areas tives, shellfish harvesters and shippers can express their opinions and give in the State are as follows: Town of Babylon, 47; Town of Brookhaven, recommendations to the department concerning shellfish land 286; Town of East Hampton, 235; Town of Hempstead, 108; Town of classification. Local governments, state legislators, and baymen’s Huntington, 156; Town of Islip, 139; Town of North Hempstead, 9; Town organizations are notified by mail and given the opportunity to comment of Oyster Bay, 108; Town of Riverhead, 69; Town of Shelter Island, 52; on any proposed rulemaking. The department will consider any such com- Town of Smithtown, 38; Town of Southampton, 173; Town of Southold, ments prior to filing a Notice of Adoption with the Department of State. 251; New York City, 46; and Other, 16. 8. Cure period or other opportunity for ameliorative action: The Department of Environmental Conservation (the department) Pursuant to SAPA 202-b (1-a)(b), no such cure period is included in the periodically conducts examinations of all shellfish lands within the marine rule because of the potential adverse impact that it could have on the health district to ascertain the sanitary condition of these areas. As a result of of shellfish consumers. Immediate compliance is required to ensure that these examinations, the department will designate lands as certified for the public health is protected. harvest of shellfish or uncertified for the harvest of shellfish. Any change 9. Initial review of the rule, pursuant to SAPA § 207 as amended by L. in the designation of shellfish lands may have an effect on shellfish diggers. 2012, ch. 462: Each time shellfish lands or portions of shellfish lands are designated as The rule will be reviewed in three years. uncertified, there may be some loss of income for shellfish diggers who Rural Area Flexibility Analysis are harvesting shellfish from the lands to be closed. This loss may be The Department of Environmental Conservation has determined that this determined by the acreage to be closed, the type of closure (whether year- rule will not impose an adverse impact on rural areas. This rule making round or seasonal), the species of shellfish present in the area, the area’s only affects the marine and coastal district of the State; there are no rural productivity, and the market value of the shellfish resource in the particu- areas within the marine and coastal district. The shellfish fishery is entirely lar area. located within the marine and coastal district, and is not located adjacent When uncertified shellfish lands are found to meet the department’s to any rural areas of the State. The proposed rule will not impose any sanitary criteria and are designated by the department as certified, there is a benefit to shellfish diggers. More shellfish lands are made available for reporting, record keeping, or other compliance requirements on public or the harvest of shellfish, and there is a potential for an increase in income private entities in rural areas. Since no rural areas will be affected by the for shellfish diggers. Again, the effect of the re-opening of a harvesting proposed amendments of 6 NYCRR Part 41, DEC has determined that a area is determined by the shellfish species present, the area’s productivity, Rural Area Flexibility Analysis is not required. and the market value of the shellfish resource in the area. Job Impact Statement Shellfish growing area descriptions will be updated, clarified and cor- 1. Nature of impact: rected to match the current physical appearance and names of local Environmental Conservation Law section 13-0307 requires that the landmarks cited in the descriptions and to achieve better consistency department examine shellfish lands and certify which shellfish lands are in within Part 41. These changes will aid harvesters and law enforcement of- such sanitary condition that shellfish may be taken for use as food. Shell- ficials in determining which areas are uncertified for the harvest of fish lands that do not meet the criteria for certified (open) shellfish lands shellfish. must be designated as uncertified (closed) to protect public health. Local governments on Long Island exercise management authority and Rule makings to amend 6 NYCRR 41, Sanitary Condition of Shellfish share law enforcement responsibility for shellfish with the State and the Lands, can potentially have a positive or negative effect on jobs for shell- counties of Nassau and Suffolk. These include the towns of Hempstead, fish harvesters. Amendments to reclassify areas as certified may increase North Hempstead and Oyster Bay in Nassau County and the towns of job opportunities, while amendments to reclassify areas as uncertified may Babylon, Islip, Brookhaven, Southampton, East Hampton, Southold, limit harvesting opportunities. Shelter Island, Riverhead, Smithtown and Huntington in Suffolk County. The department does not have specific information regarding the loca- Changes in the classification of shellfish lands impose no additional tions in which individual diggers harvest shellfish, and therefore is unable requirements on local governments above the level of management and to assess the specific job impacts on individual shellfish diggers. In gen- enforcement that they normally undertake; therefore, there should be no eral terms, amendments of 6 NYCRR Part 41 to designate areas as uncerti- effect on local governments. fied can have negative impacts on harvesting opportunities. The extent of 2. Compliance requirements: the impact will be determined by the acreage closed, the type of closure There are no reporting or recordkeeping requirements for small busi- (year-round or seasonal), the area’s productivity, and the market value of nesses or local governments. the shellfish. In general, any negative impacts are small because the 3. Professional services: department’s actions to designate areas as uncertified typically only affect Small businesses and local governments will not require any profes- a small portion of the shellfish lands in the state. Negative impacts are also sional services to comply with proposed rules. diminished in many instances by the fact that shellfish harvesters are able 4. Compliance costs: to redirect effort to adjacent certified areas. There are no capital costs which will be incurred by small businesses or Amendments of 6 NYCRR Part 41 to designate areas as certified can local governments. have positive impacts on harvesting opportunities. This action results in 5. Economic and technological feasibility: financial benefits for commercial fisherman and increased opportunities There is no reporting, recordkeeping, or affirmative actions that small for recreational shellfish harvesters. Increasing the amount of certified businesses or local governments must undertake to comply with the shellfish harvesting areas can provide a financial benefit due to the proposed rules. Similarly, small businesses and local governments will not increased availability of shellfish resources. have to retain any professional services or incur any capital costs to 2. Categories and numbers affected: comply with such rules. As a result, it should be economically and techni- Licensed commercial shellfish diggers can be affected by amendments cally feasible for small businesses and local governments to comply with to 6 NYCRR Part 41. Most harvesters are self-employed, but there are this rule. some who work for companies with privately controlled shellfish lands or 6. Minimizing adverse impact: who harvest surf clams or ocean quahogs in the Atlantic Ocean. The designation of shellfish lands as uncertified may have an adverse As of December 31, 2016, there were 1,746 licensed shellfish diggers in impact on commercial shellfish diggers. All diggers in the towns affected New York State for the year 2016. The numbers of permits issued for areas by proposed closures will be notified by mail of the designation of shell- in the State are as follows: Town of Babylon, 47; Town of Brookhaven, fish lands as uncertified prior to, or concurrent with the date the closures 286; Town of East Hampton, 235; Town of Hempstead, 108; Town of

34 NYS Register/May 23, 2018 Rule Making Activities

Huntington, 156; Town of Islip, 139; Town of North Hempstead, 9; Town in Greene County, and the town of Saugerties in Ulster County, beginning of Oyster Bay, 108; Town of Riverhead, 69; Town of Shelter Island, 52; at the state land boundary near the intersection of Platte Clove Road and Town of Smithtown, 38; Town of Southampton, 173; Town of Southold, Steenburg Road and extending downstream to the southeast along Platte 251; New York City, 46; and Other, 16. Clove Road and the Plattekill creek to the boundary of state land, ap- It is estimated that ten (10) to twenty-five (25) percent of the diggers are proximately 1.6 miles. The regulated corridor includes the Plattekill creek full-time harvesters. The remainder are seasonal or part-time harvesters. bed, an area on the side of the creek which includes Platte Clove Road 3. Regions of adverse impact: extending 300 feet from the edge of the creek bed to Platte Clove Road or Certified shellfish lands that could potentially be affected by amend- 300 feet, whichever is greater, and an area on the other side of the creek ments to 6 NYCRR Part 41 are located within or adjacent to Nassau extending 300 feet from the edge of the creek bed. County and Suffolk County. There is no potential adverse impact to jobs (4) The Colgate Lake Wild Forest Area located in the town of Jewett in any other areas of New York State. in Greene County, including 1,375 acres at the eastern end of County 4. Minimizing adverse impact: Route 78 (Colgate Lake Road), bordered by the Windham-Blackhead Shellfish lands are designated as uncertified to protect public health as Range Wilderness to the north, south, and east. The unit boundary as required by the Environmental Conservation Law. Some impact from rule posted follows the 2,400’ contour on the north and south. makings to close areas that do not meet the criteria for certified shellfish (b) No person shall kindle, build, maintain or use a fire, including, but lands is unavoidable. not limited to, charcoal fires, wood fires, gas grills, propane stoves, or To minimize the impact of closures of shellfish lands, the department other portable stoves, within the Northern Catskill Riparian Areas, except evaluates areas to determine whether they can be opened seasonally dur- at designated campsites or where camped in compliance with subdivision ing periods of improved water quality. The department also operates 190.3 (b) of this Part. conditional harvesting programs at the request of, and in cooperation with, (c) No person shall possess a glass container within the Northern local governments. Conditional harvesting programs allow harvest in Catskill Riparian Areas, except when necessary for the storage of uncertified areas under prescribed conditions, determined by studies, when medicines. bacteriological water quality is acceptable. Additionally, the department (d) No person, within the Northern Catskill Riparian Areas, shall play operates shellfish transplant harvesting programs which allow removal of an audio device, including, but not limited to, radios, tape players, shellfish from closed areas for bacterial cleansing in certified areas, thereby compact disc or digital players, except at designated campsites, or where recovering a valuable resource. Conditional harvesting and shellfish trans- camped in compliance with subdivision 190.3 (b) of this Part, unless the plant programs increase harvesting opportunities by making the resource noise is rendered inaudible to the public by a noise-damping device, such in a closed area available under controlled conditions. as headphones or earbuds. At designated campsites or where camped in 5. Self-employment opportunities: compliance with subdivision 190.3 (b) of this Part, no person shall use A large majority of shellfish harvesters in New York State are self- any audio device which is audible outside the immediate area of the employed. Rule makings to change the classification of shellfish lands can campsite. have an impact on self-employment opportunities. The impact is depen- (e) No person shall possess or consume beverages containing alcohol, dent on the size and productivity of the affected area and the availability including, but not limited to beer, wine, and liquor within the Northern of adjacent lands for shellfish harvesting. Catskill Riparian Areas, except when transporting to, or at, designated camping sites, or where camped in compliance with subdivision 190.3 (b) PROPOSED RULE MAKING of this Part. (f) No person shall enter restricted areas, as designated by signs in the NO HEARING(S) SCHEDULED Northern Catskill Riparian Areas. (g) No person shall possess a portable generator within the Kaaterskill Northern Catskill Riparian Areas Clove Riparian Corridor, the Kaaterskill Falls Riparian Area, or the I.D. No. ENV-21-18-00029-P Colgate Lake Wild Forest Area, except at designated campsites or where camped in compliance with subdivision 190.3 (b) of this Part. Possession of portable generators is prohibited within the Northern Catskill Riparian PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Corridor in the Indian Head Wilderness Area, located in the Town of cedure Act, NOTICE is hereby given of the following proposed rule: Hunter, Greene County and the towns of Saugerties and Woodstock, Ulster Proposed Action: Addition of section 190.36 to Title 6 NYCRR. County, lying generally west of the east boundary of the Catskill Park, Statutory authority: Environmental Consevation Law, sections south of Platte Clove, east of Devil’s Tombstone Campground and north 1-0101(3)(b), 3-0301(1)(b), (d), (2)(m), 9-0105(1) and (3) of the hamlets of Lake Hill and Shady. (h) No person shall enter into, or remain in, the Kaaterskill Clove or Subject: Northern Catskill Riparian Areas. Platte Clove Riparian Corridors between one-half hour after sunset and Purpose: To ensure public safety and protect natural resources on the one-half hour before sunrise except for: Northern Catskill Riparian Areas. (1) persons camping at designated campsites, or where camped in Text of proposed rule: Existing section 190.36 will be renumbered 190.38 compliance with subdivision 190.3 (b) of this Part; and a new section 190.36 will be added to read: (2) licensed hunters, anglers, and trappers for the purpose of hunt- Section 190.36 Northern Catskill Riparian Areas. ing, fishing, or trapping; In addition to other applicable provisions of this Part, the following (3) pedestrians using marked hiking trails to cross the areas; or requirements apply to the Northern Catskill Riparian Areas. In the event (4) persons otherwise authorized by permit issued by the department. of a conflict between this section and another section of this Part, the more (i) In the Kaaterskill Falls Riparian Area, no person shall enter the restrictive provision will control. area located within six (6) feet of cliff edges, except: on marked trails, (a) Description. For the purposes of this section, Northern Catskill Ri- including the man-made stone staircase and the trail leading to the first parian Areas means the following state forest preserve lands: water plunge pool, commonly referred to as the mid-pool; when engaged (1) The Kaaterskill Clove Riparian Corridor located in the towns of in ice climbing or rappelling by rope; or by authorized permit issued by Hunter and Catskill in Greene County, along State Route 23A, beginning the department. at the intersection of Spruce Creek and Kaaterskill Creek and extending (j) In the Kaaterskill Falls Riparian Area, no person shall enter the wa- downstream on Kaaterskill Creek approximately 2 miles to the state land ter, wade, or swim within 150 feet upstream of Kaaterskill Falls. boundary line. The regulated corridor includes the creek bed, the riparian Text of proposed rule and any required statements and analyses may be area on the side of the creek in which State Route 23A is located, extend- obtained from: Peter Frank, Bureau Chief, Forest Preserve, NYS DEC, ing from the edge of the creek bed to State Route 23A or 300 feet, which- 625 Broadway, Albany, New York 12233, (518) 473-9518, email: ever is greater, and the riparian area on the other side of the creek extend- [email protected] ing 300 feet from the edge of the creek bed. Data, views or arguments may be submitted to: Same as above. (2) The Kaaterskill Falls Riparian Area located in the town of Hunter in Greene County, beginning at a point 150 feet upstream of the Kaaterskill Public comment will be received until: 60 days after publication of this waterfall on Spruce Creek, and extending downstream to the base of the notice. waterfall at the start of the man-made stone staircase. The regulated area Additional matter required by statute: A Short EAF was completed for includes the Kaaterskill creek bed, an area on the side of the creek which compliance with the State Environmental Quality Review Act. includes the stone staircase extending 300 feet from the edge of the stream Regulatory Impact Statement bed or the staircase and the connector trail leading to the Escarpment 1. Statutory authority: Trail, whichever is greater, and on the other side of the creek extending Environmental Conservation Law (“ECL”) section 1-0101(3) (b) directs 300 feet from the edge of the stream bed. the Department of Environmental Conservation (Department) to guarantee (3) The Platte Clove Riparian Corridor, located in the town of Hunter “that the widest range of beneficial uses of the environment is attained

35 Rule Making Activities NYS Register/May 23, 2018 without risk to health or safety, unnecessary degradation or other undesir- people to cross the stream safely. However, even with these measures, able or unintentional consequences.” ECL section 3-0301(1)(b) gives the people still engage in unsafe behaviors, such as wading in a very slippery Department the responsibility to “promote and coordinate management stream just upstream of the falls and walking along the cliff faces. of...land resources to assure their protection, enhancement, provision, al- The actions of people at Platte Clove and Kaaterskill Clove has resulted location, and balanced utilization...and take into account the cumulative in recent fatalities and injuries. This regulation is intended to reduce the impact upon all such resources in promulgating any rule or regulation.” number of people who use the area, and restrict inappropriate activities to ECL section 3-0301(1)(d) authorizes the Department to “provide for the protect the public health and safety and the resource. care, custody and control of the Forest Preserve.” ECL section 9-0105(1) Colgate Lake provides a unique experience in the Catskills. Access to a authorizes the Department to ‘‘[e]xercise care, custody, and control of the small public lake for swimming and picnicking is uncommon in the several preserves, parks and other State lands described in [Article 9 of the northern Catskills. Public use of this area continues to increase, as people ECL],” which includes Forest Preserve lands. Article XIV, Section 1 of the hear about this resource, especially through social media, and come to New York State Constitution provides that the lands of the Forest Preserve enjoy “a quiet” location. Site degradation is occurring in the immediate “shall be forever kept as wild forest lands.” ECL section 3-0301(2) (m) area adjacent to the lake and the popular camping sites nearby within this authorizes the Department to adopt rules and regulations “as may be nec- Wild Forest unit. These regulations are targeted to reduce the number of essary, convenient or desirable to effectuate the purposes of [the ECL],” people who recreate here, provide an enjoyable user experience, and and ECL 9-0105(3) authorizes the Department to “[m]ake necessary rules protect the resource. Site degradation is also an issue at Kaaterskill Falls, Kaaterskill Clove, and regulations to secure proper enforcement of [ECL Article 9].” and Platte Clove. The trampling of vegetation has resulted in exposed and 2. Legislative objectives: compacted soil. Trees are being stripped of their limbs for firewood, and Paragraph 1 of section 3 of Article XIV of the New York State Constitu- indiscriminately located campfires are creating carbon scars on the ground. tion provides that “forest and wild life conservation are. . . policies of the Garbage, trash, and broken glass are despoiling the wild character of the State.” Article XIV, section 1 of the New York State Constitution provides areas and raising public safety concerns. that the lands of the Forest Preserve “shall be forever kept as wild forest The use of portable generators and audio devices have negatively lands,” and ECL sections 3-0301(1)(b) and 9-0105(1) give the Department impacted the quiet and solitude of these areas. The regulation will prohibit jurisdiction to manage Forest Preserve lands. The Department is also au- the use of portable generators and require that an individual listening to thorized to promulgate rules and regulations for the use of such lands (see music must utilize headphones or other similar devices. Under current ECL sections 3-0301(2) (m) and 9-0105(3)). Consistent with this author- regulations, section 196.8 (b), portable generators, and other motorized ity, the proposed regulations are crafted to protect natural resources and equipment, are prohibited in Wilderness Areas. The Platte Clove Riparian the health, safety and general welfare of those who engage in recreational Corridor is located within the Indian Head Wilderness, where the use of activities within the Northern Catskill Riparian Areas: Kaaterskill Falls, portable generators is already prohibited. Kaaterskill Clove, Platte Clove, and Colgate Lake, of the Forest Preserve The conditions outlined are proposed to be addressed by varying levels in the Catskill Park. of regulation in the four areas, as described below. 3. Needs and benefits: The following proposed restrictions would apply in all areas, except for The Northern Catskill Riparian Areas is composed of four separate ar- people that are legally camped: eas, encompassing almost 2,000 acres of Forest Preserve lands in the 1. No fires, including gas grills and propane stoves Towns of Catskill, Hunter, and Jewett in Greene County, and a small por- 2. No glass containers except when containing medicine (currently tion in the Town of Saugerties, in Ulster County. posted by sign only at Kaaterskill Clove) The Kaaterskill Clove Riparian Corridor is in the towns of Hunter and 3. No playing audio devices without a personal noise damping device Catskill in Greene County, along State Route 23A. It begins at the intersec- 4. No alcohol tion of Spruce Creek and Kaaterskill Creek and extends downstream on 5. No portable generators Kaaterskill Creek about 2 miles to the state land boundary. The corridor In Kaaterskill Clove and Platte Clove, a further proposed restriction is extends 300 feet from each side of the creek bed or to Route 23A, which- closure of the area from dusk (1/2 hour after sunset) to dawn (1/2 hour ever is the greater distance. before sunrise), excepting legal campers, licensed hunters, anglers, trap- The Kaaterskill Falls Riparian Area is in the town of Hunter, Greene pers, and those on marked trails. It is dangerous for individuals to hike in County. It begins 150 feet upstream of Kaaterskill Falls, located on Spruce this area at night. High cliff faces and very steep terrain are not evident in Creek and extends to the base of the waterfalls, including the stone the dark and a person falling can be seriously injured or killed. staircase and the mid-pool. The regulated area extends 300 feet from each At Kaaterskill Falls, two additional restrictions include: the prohibition side of the creek bed or to the connector trail to the escarpment trail, of people entering the area within six feet of a cliff edge (except on marked whichever is the greater distance. trails, by ice climbers, or those rappelling by rope) and the prohibition of The Platte Clove Riparian Corridor is in the town of Hunter in Greene people entering the water within 150’ upstream of the falls. The proposed County and a small portion of the town of Saugerties in Ulster County. It restrictions are for the safety of users. There are numerous high cliffs ac- begins at the state land boundary near the intersection of Platte Clove cessible to hikers, resulting in falls leading to serious injury or death. The Road and Steenburgh Road, extending downstream along the creek, about stream bed is extremely slippery and stepping into the water near the edge 1.6 miles. The regulated corridor extends 300 feet from each side of the of the falls can be dangerous. A tragic accident occurred several years ago creek or to Platte Clove Road, whichever is greater. when a woman was swept over the falls after slipping while stepping into The Colgate Lake Wild Forest Area is in the town of Jewett in Greene the water to cross the stream above the falls. Local law enforcement and County, including about 1,375 acres at the eastern end of County Route 78 public safety officials are the first responders to incidents on these areas. (Colgate Lake Road), bordered by the Windham-Blackhead Range Local governments support the regulatory proposal. Wilderness. The Department has presented the proposed regulation at several meet- These areas have been popular public destinations since before the state ings of local stakeholders in this area of the northern Catskills, including began acquiring land in this area, which began in 1930 and extended the Kaaterskill Clove working group and the Catskill Forest Preserve Ad- through the 1960s, ending most recently in 2016. Kaaterskill Falls has visory Committee. Local governments, including tourism and the county been a tourist destination since the mid-1800s. As a result of increased planning department, along with local user groups, first responders, sports social media and New York tourism promotion, public use has increased people, and the hiking community, have attended these meetings. In addi- dramatically. The Department estimates approximately 100,000 people tion, information regarding the Department’s intent to propose these visit the site each year. Public use has also increased dramatically in the regulations, content of the regulation, and the public process associated Kaaterskill Clove area during the summer over the last decade, as people with the rulemaking, will appear in a widely distributed newspaper in the use the area mainly to swim and picnic. Platte Clove is used year around, area. A public meeting in the local community will also be held during the including ice climbing in the winter. The Colgate Lake area is one of the formal regulatory comment period. All regulatory documents will appear few public lakes available to the public in this portion of the Catskills and on the Department’s website. is heavily used during the summer. 4. Costs: Due to this dramatic increase in public use, serious public health and There are no costs to the regulated community as a result of this safety issues are being created. The natural resources of the areas are proposed regulation. Costs to the state for the additional management ac- rapidly becoming despoiled and fragile ecosystems are being degraded. tions are minimal and are estimated at $2,500 for new signage and posting There have been numerous fatalities over the last decade in these areas. of the Colgate Lake Wild Forest. Multiple people have fallen to their deaths at Kaaterskill Falls, Kaaterskill 5. Local government mandates: Clove, and Platte Clove. In addition, a person was paralyzed at Colgate This proposal will not impose any program, service, duty or responsibil- Lake as a result of unsafe diving. ity upon any county, city, town, village, school district or fire district. The Department has improved safety at Kaaterskill Falls with the in- 6. Paperwork: stallation of a viewing platform, stone staircase, sections of split rail fenc- The proposed regulations will not impose any reporting requirements or ing, and the installation of a foot bridge upstream of the falls, allowing other paperwork on any private or public entity.

36 NYS Register/May 23, 2018 Rule Making Activities

7. Duplication: Action taken: Addition of section 2201.19 to Title 8 NYCRR. There is no duplication, conflict, or overlap with state or federal Statutory authority: Education Law, sections 653, 655 and 667-d regulations. 8. Alternatives: Finding of necessity for emergency rule: Preservation of general welfare. The no-action alternative is not feasible since it does not adequately Specific reasons underlying the finding of necessity: This statement is protect the Northern Catskill Riparian Areas from overuse and abuse and being submitted pursuant to subdivision (6) of section 202 of the State does not protect the public health, safety, and general welfare. The exist- Administrative Procedure Act and in support of the New York State Higher ing generic 6 NYCRR Part 190 regulations for state lands are not adequate Education Services Corporation’s (HESC) Emergency Rule Making seek- in protecting the Northern Catskill Riparian Areas because of their unique ing to add a new section 2201.19 to Title 8 of the Official Compilation of characteristics, remote locations and very high level of public use. Codes, Rules and Regulations of the State of New York. Closing these areas to public use is also not an acceptable alternative. This regulation implements a statutory student financial aid program Forest Preserve land is acquired for the use of and enjoyment by the public. providing for awards to be made to students beginning with the fall 2017 ECL section 9-0301(1) provides that “all lands in the Catskill Park. . . term, which generally starts in August. Emergency adoption is necessary shall be forever reserved and maintained for the free use of all the people. . to avoid an adverse impact on the processing of awards to eligible scholar- .” The closure of Forest Preserve land to public use should not occur except ship applicants. The statute provides for tuition benefits to college-going when absolutely necessary to protect public health or the resource. Closure students pursuing their undergraduate studies at a New York State private would also be impractical due to the number of people who use these areas. institution of higher education. Decisions on applications for this Program Any closure would be ignored and enforcement would not be feasible. are made prior to the beginning of the term. Therefore, it is critical that the 9. Federal standards: terms of the Program as provided in the regulation be effective im- There is no relevant federal standard governing the use of State lands. mediately in order for HESC to process scholarship applications in a 10. Compliance schedule: timely manner. To accomplish this mandate, the statute further provides Once the regulations are adopted, they are effective immediately, and for HESC to promulgate emergency regulations to implement the Program. all persons will be expected to comply with them upon their effective date. For these reasons, compliance with section 202(1) of the State Administra- The Department will educate the public about the regulations through in- tive Procedure Act would be contrary to the public interest. formation posted on the Departments’ website, signage posted on the prop- erty, and by working with user groups and other stakeholders to help dis- Subject: Enhanced Tuition Awards program. seminate information regarding the regulations. Purpose: To implement the Enhanced Tuition Awards program. Regulatory Flexibility Analysis Text of emergency rule: New section 2201.19 is added to Title 8 of the Adoption of a new section 190.36 to 6 NYCRR will address public New York Code, Rules and Regulations to read as follows: safety and natural resource degradation issues on the Northern Catskill Ri- Section 2201.19 Enhanced Tuition Awards. parian Areas while still providing a quality outdoor experience for users. (a) Definitions. For purposes of this section and Education Law, section A Regulatory Flexibility Analysis for Small Businesses and Local Govern- 667-d, the following definitions shall apply: ments is not submitted with these regulations because the proposal will (1) Award shall mean an Enhanced Tuition Award pursuant to Educa- not impose any reporting, record-keeping or other compliance require- tion Law, section 667-d. ments on small businesses or local governments. (2) Full-time attendance or full-time study, for purposes of Education Since there are no identified cost impacts for compliance with the Law, section 667-d(1)(d)(ii), shall mean enrollment in at least 12 credits proposed regulations on the part of small businesses and local govern- per semester and completion of at least 30 combined credits per year fol- ments, they will bear no economic impact as a result of this proposal. The proposed regulations relate solely to protecting public safety and natural lowing the student’s start date, or its equivalent, applicable to his or her resources on the Northern Catskill Riparian Areas. program of study, excluding any permissible interruption of study as determined by the corporation, and except as provided in subdivision (b) Rural Area Flexibility Analysis of this section and Education Law, section 667-d(1)(d)(ii). Noncredit Adoption of a new subdivision 190.36 will address public safety and natu- courses shall not be considered as contributing toward full-time ral resource degradation issues on the Northern Catskill Riparian Areas attendance. while still providing a quality outdoor experience for users. A Rural Area (3) Half-time shall mean enrollment in at least six but less than 12 Flexibility Analysis is not submitted with this proposal because the pro- credits, or the equivalent, per semester. posal will not impose any reporting, record-keeping or other compliance (4) Interruption in undergraduate study shall mean a temporary pe- requirements on rural areas. The proposed regulations relate solely to riod of leave for a definitive length of time due to circumstances as protecting public safety and natural resources on the Northern Catskill Ri- determined by the corporation, including, but not limited to, death of a parian Areas. family member, medical leave, military service, service in the Peace Corps Job Impact Statement or parental leave. Adoption of a new section 190.36 to 6 NYCRR will address public safety (5) Program shall mean the Enhanced Tuition Awards codified in and natural resource degradation issues on the Northern Catskill Riparian Education Law, section 667-d. Areas while still providing a quality outdoor experience for users. A Job (6) Satisfactory progress shall have the same meaning as successful completion. Impact Statement is not submitted with this proposal because the proposal (7) Student’s start date (i) for purposes of Education Law, section will have no substantial adverse impact on existing or future jobs and 667-d(1)(d)(i), shall mean the date the student began attendance as a first employment opportunities. The proposed regulations relate solely to time college student; and (ii) for purposes of Education Law, section 667- protecting public safety and natural resources on the Northern Catskill Ri- d(1)(d)(ii), shall mean the date the college determines such recipient was parian Areas. first in attendance at that institution. (8) Successful completion shall mean a student has earned at least 30 combined credits in each consecutive year following the student’s start date, or its equivalent, applicable to his or her program or programs of Higher Education Services study except as provided in subdivision (b) of this section and Education Law, section 667-d(1)(d)(ii). Corporation (b) Eligibility. In addition to the requirements of Education Law, sec- tion 667-d, an applicant must also satisfy the general eligibility require- ments provided in Education Law, section 661. As authorized by Educa- EMERGENCY tion Law, section 667-d, the following exceptions and modifications to the eligibility requirements shall apply: RULE MAKING (1) College credit earned toward a recipient’s program(s) of study while a high school student or other non-matriculated status shall be Enhanced Tuition Awards Program considered as contributing toward full-time attendance. For a recipient who earned college credit toward his or her program(s) of study prior to I.D. No. ESC-21-18-00034-E enrolling in college as a matriculated student and who is making satisfac- Filing No. 413 tory progress toward timely completion of his or her program(s) of study, Filing Date: 2018-05-07 and is enrolled in coursework not applicable toward his or her program(s) Effective Date: of study, such coursework outside of his or her program(s) of study shall 2018-05-07 be considered as contributing toward full-time attendance. (2) A recipient must be in full-time attendance as defined in this PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- section. cedure Act, NOTICE is hereby given of the following action: (3) For purposes of Education Law, section 667-d(1)(d)(i), an ap-

37 Rule Making Activities NYS Register/May 23, 2018 plicant must have completed at least 30 combined credits in each consecu- eligibility to receive the award, the number of credits completed each aca- tive year following his or her start date applicable to his or her program(s) demic term, the cumulative credits at the end of each academic term, and of study which were accepted by his or her current institution at the time any other information requested by the corporation. of application for this award, except for any permissible interruption of (ii) College Option. (A) An institution may annually choose to study as determined by the corporation. Notwithstanding, an applicant participate in the Program or to opt out of the Program in the manner who enrolled in a program(s) of study leading to an undergraduate degree prescribed by the corporation; (B) Institutional participation shall be for and enrolled as a first-time college student: (i) in the 2015-16 academic an entire academic year; (C) An institution may establish a cap on its year who earned at least 54 combined credits applicable to his or her participation based on a dollar threshold or a maximum number of program(s) of study by the end of the 2016-17 academic year, shall become students; (D) An institution that opts out of the Program shall continue to eligible to receive an award in the 2018-19 academic year and thereafter provide the institutional matching award and applicable tuition rate to all if such student completes at least 90 combined credits applicable to his or award recipients until such recipients have exhausted eligibility or are no her program(s) of study by the end of the 2017-18 academic year; or (ii) longer eligible for award payments. in the 2016-17 academic year who earned at least 24 combined credits (e) Amounts. applicable to his or her program(s) of study by the end of the 2016-17 ac- (1) The amount of the award shall be determined in accordance with ademic year, shall become eligible to receive an award in the 2018-19 ac- Education Law, section 667-d. ademic year and thereafter if such student completes at least 60 combined (2) Disbursements shall be made each term to institutions, on behalf credits applicable to his or her program(s) of study by the end of the of recipients, within a reasonable time subject to the verification and certi- 2017-18 academic year. fication by the institution of the recipient’s full-time status and other (4) For students who are disabled as defined by the Americans with eligibility and certification requirements. Disabilities Act of 1990, 42 USC 12101, the full-time attendance require- (3) For students who are disabled as defined by the Americans with ment is eliminated, subject to the parameters of paragraph 3 of subdivi- Disabilities Act of 1990, 42 USC 12101, upon each certification by the sion e of this section. college or university, payment eligibility shall be determined and mea- (c) Recipient selection. If there are more applicants than available sured proportionally in equivalence with full-time study. funds, the following provisions shall apply: (f) Contractual obligation. (1) In the program’s first year: (1) For the purpose of complying with Education Law, section 667- (i) First priority shall be given to eligible applicants who are cur- d(1)(f), military personnel, including those in the Military Reserves and rently in attendance at an institution of higher education. If there are more ROTC or CSPI, for whom New York is his or her legal state of residence applicants than available funds, recipients shall be chosen by lottery. shall be deemed to reside and be employed in New York State regardless of (ii) Second priority shall be given to eligible applicants who are where the individual is stationed or deployed. matriculated in an approved program leading to an undergraduate degree (2) For the purpose of complying with Education Law, section 667- at a private not-for-profit degree granting institution of higher education d(1)(f), for a recipient who is no longer eligible to receive award pay- located in New York State, except those institutions set forth in Education ments, the duration he or she resides in New York State while completing Law, section 661(4)(b), for the first time. If there are more applicants than undergraduate or graduate study, including medical residency, shall be available funds, recipients shall be chosen by lottery. credited toward the time necessary to satisfy the recipient’s residency and (2) After the program’s first year: employment requirement. (i) First priority shall be given to eligible applicants who have (3) Where a recipient, within six months of receipt of his or her final received payment of an award pursuant to this section in a prior year and award payment, fails to maintain permanent domicile in New York State are currently in attendance at a private not-for-profit degree granting for a continuous number of years equal to the duration of the award institution of higher education located in New York State, except those received or, during such time, is employed in any other state, the corpora- institutions set forth in Education Law, section 661(4)(b). If there are more tion shall convert all award monies received to a 10-year student loan, applicants than available funds, recipients shall be chosen by lottery. without interest. However, the requirement to maintain permanent domi- (ii) Second priority shall be given to eligible applicants who have cile, and only be employed, in New York State, may be deferred to complete not received payment of an award in a prior year and are currently in at- undergraduate study or attend graduate school, including medical tendance at an institution of higher education. If there are more applicants residency, on at least a half-time basis. than available funds, recipients shall be chosen by lottery. (4) Where a recipient has demonstrated extreme hardship as a result (iii) Third priority shall be given to eligible applicants who are of a disability, labor market conditions, or other such circumstances, the matriculated in an approved program leading to an undergraduate degree corporation may, in its discretion, postpone converting the award to a at a private not-for-profit degree granting institution of higher education student loan, temporarily suspend repayment of the amount owed, dis- located within New York State, except those institutions set forth in Educa- charge the amount owed, or take such other appropriate action. Notwith- tion Law, section 661(4)(b), for the first time. If there are more applicants standing, the corporation shall prorate the amount owed commensurate than available funds, recipients shall be chosen by lottery. with the length of time the recipient complied with the residency and (d) Administration. In addition to the requirements contained in Educa- employment requirements. tion Law, section 667-d, the following requirements shall also apply. (1) Applicants for an award shall: This notice is intended to serve only as a notice of emergency adoption. (i) apply for program eligibility on forms and in a manner This agency intends to adopt this emergency rule as a permanent rule and prescribed by the corporation. The corporation may require applicants to will publish a notice of proposed rule making in the State Register at some provide additional documentation evidencing eligibility; and future date. The emergency rule will expire August 4, 2018. (ii) electronically transmit applications for program eligibility to Text of rule and any required statements and analyses may be obtained the corporation on or before the date prescribed by the corporation for the from: Cheryl B. Fisher, NYS Higher Education Services Corporation, 99 applicable academic year. Washington Avenue, Room 1325, Albany, New York 12255, (518) 474- (2) Recipients of an award shall: 5592, email: [email protected] (i) execute a contract with the corporation agreeing to reside in Regulatory Impact Statement New York State for a continuous number of years equal to the duration of Statutory authority: the award received and, if employed during such time, to be employed in The New York State Higher Education Services Corporation’s (HESC) New York State; statutory authority to promulgate regulations and administer Enhanced (ii) apply for payment annually on forms specified by the corpora- Tuition Awards (Program) is codified within Article 14 of the Education tion; and Law. In particular, Part III of Chapter 59 of the Laws of 2017 created the (iii) receive such awards for not more than two academic years of Program by adding a new section 667-d to the Education Law. Subdivi- full-time undergraduate study if enrolled in an eligible two year program sion 9 of section 667-d of the Education Law authorizes HESC to of study or four academic years of full-time undergraduate study or five promulgate emergency regulations for the purpose of administering this academic years if the program of study normally requires five years, as Program. defined by the commissioner pursuant to article thirteen of the education Pursuant to Education Law § 652(2), HESC was established for the law, excluding any allowable interruption of study as defined in this purpose of improving the post-secondary educational opportunities of section. For purposes of this subparagraph, a recipient’s academic year eligible students through the centralized administration of New York State shall begin with the term he or she was first in attendance at the institution financial aid programs and coordinating the State’s administrative effort in in which he or she is currently enrolled. student financial aid programs with those of other levels of government. (3) Institutions. In addition, Education Law § 653(9) empowers HESC’s Board of Trust- (i) Certification. For each recipient, institutions shall certify on ees to perform such other acts as may be necessary or appropriate to carry forms and in the manner prescribed by the corporation the tuition rate out the objects and purposes of the corporation including the promulgation charged by the institution, the amount of the institution’s matching award, of rules and regulations.

38 NYS Register/May 23, 2018 Rule Making Activities

HESC’s President is authorized, under Education Law § 655(4), to Alternatives: propose rules and regulations, subject to approval by the Board of Trust- The proposed regulation is the result of HESC’s outreach efforts to ees, governing, among other things, the application for and the granting financial aid professionals with regard to this Program. Several alterna- and administration of student aid and loan programs, the repayment of tives were considered in the drafting of this regulation, such as the ap- loans or the guarantee of loans made by HESC; and administrative func- plication of the credit requirement. Given the statutory language as set tions in support of state student aid programs. Also, consistent with Educa- forth in section 667-d of the Education Law, a “no action” alternative was tion Law § 655(9), HESC’s President is authorized to receive assistance not an option. from any Division, Department or Agency of the State in order to properly Federal standards: carry out his or her powers, duties and functions. Finally, Education Law This proposal does not exceed any minimum standards of the Federal § 655(12) provides HESC’s President with the authority to perform such Government. other acts as may be necessary or appropriate to carry out effectively the Compliance schedule: general objects and purposes of HESC. The agency will be able to comply with the regulation immediately Legislative objectives: upon its adoption. The Education Law was amended to add a new section 667-d to create Regulatory Flexibility Analysis the Enhanced Tuition Awards program (Program). This Program is aimed This statement is being submitted pursuant to subdivision (3) of section at reducing tuition costs and accelerating completion rates for students 202-b of the State Administrative Procedure Act and in support of the New who attend a private college in New York State. York State Higher Education Services Corporation’s (HESC) Emergency Needs and benefits: Rule Making, seeking to add a new section 2201.19 to Title 8 of the Of- Many studies have underscored the importance of a college degree in ficial Compilation of Codes, Rules and Regulations of the State of New today’s global economy. According to a report by the Center on Education York. This rule implements a statutory student financial aid program that and the Workforce (CEW) at Georgetown University, by 2020, 65 percent provides tuition benefits to college students who pursue their undergradu- of all jobs will require some form of postsecondary education or training, ate studies at a New York State private institution of higher education. compared to 59 percent of jobs in 2010. The CEW report finds that having Colleges that opt to participate in the Program are required to credit each a skilled workforce is critical if the United States is to “remain competi- recipients remaining tuition expenses in an amount equal to the recipient’s tive, attract the right type of industry, and engage the right type of talent in award (“matching award”). Such credit will be applied after the recipient a knowledge-based and innovative economy.” At the current pace, the has received an institutional aid package, if any, to ensure that this program United States will fall short of its skilled workforce needs by 5 million does not reduce institutional aid that would otherwise be granted. The workers. The disparity in earning potential between high school graduates maximum amount of the matching award to a recipient is $3,000. and college graduates has never been greater, nor has the student loan debt Notwithstanding, HESC finds that this rule will not impose any compli- – which stands at $1.3 trillion – being carried by those who have pursued a ance requirement or adverse economic impact on small businesses or local postsecondary education. governments. Rather, it has potential positive impacts by offering $19 mil- Recognizing the growing need for workers with postsecondary educa- lion in new financial aid support for students seeking to enroll in a private tion and training, the wage earnings benefits for those with training be- college in New York state and providing students with additional tuition yond high school, the rapidly rising college costs and mounting student award benefits. Students will be rewarded for remaining and working in loan debt, this Program awards students up to $6,000 to offset students’ tu- New York, which will provide an economic benefit to the State’s small ition costs through a combination of a New York State Tuition Assistance businesses and local governments as well. Program (TAP) award, the Enhanced Tuition Award and a match from Rural Area Flexibility Analysis those private colleges who elect to participate in the Program. When fully This statement is being submitted pursuant to subdivision (4) of section phased in, Program awards will be available to resident, undergraduate 202-bb of the State Administrative Procedure Act and in support of the students from households with incomes of up to $125,000. To be eligible New York State Higher Education Services Corporation’s Emergency Rule for a Program award, students must be on track to complete an associate’s Making, seeking to add a new section 2201.19 to Title 8 of the Official degree in two years or a bachelor’s degree in four years by taking at least Compilation of Codes, Rules and Regulations of the State of New York. 30 credits each year. Payments will be made directly to colleges and It is apparent from the nature and purpose of this rule that it will not universities on behalf of students upon certification of their successful impose an adverse impact on rural areas. Rather, it has potential positive completion of the academic term. impacts inasmuch as it implements a statutory student financial aid Students receiving Enhanced Program Awards must sign a contract program that provides tuition benefits to college students who pursue their agreeing to live in New York State for the number of years equal to the undergraduate studies at a New York State private institution of higher duration of the award received and, if employed, work within the State education. Students will be rewarded for remaining and working in New during this time. Recipients who do not satisfy this obligation will have York, which will benefit rural areas around the State as well. the value of their awards converted to an interest-free student loan. This agency finds that this rule will not impose any reporting, record Costs: keeping or other compliance requirements on public or private entities in a. It is anticipated that there will be no costs to the agency for the rural areas. implementation of, or continuing compliance with this rule. Job Impact Statement b. Private colleges that opt to participate in the Program are required to This statement is being submitted pursuant to subdivision (2) of section credit each recipients remaining tuition expenses in an amount equal to the 201-a of the State Administrative Procedure Act and in support of the New recipient’s award (“matching award”). Such credit will be applied after the York State Higher Education Services Corporation’s Emergency Rule recipient has received an institutional aid package, if any, to ensure that Making seeking to add a new section 2201.19 to Title 8 of the Official this program does not reduce institutional aid that would otherwise be Compilation of Codes, Rules and Regulations of the State of New York. granted. The maximum amount of the matching award to a recipient is It is apparent from the nature and purpose of this rule that it will not $3,000. have any negative impact on jobs or employment opportunities. Rather, it c. The maximum cost of the program to the State is $19 million in the has potential positive impacts inasmuch as it implements a statutory first year based upon budget estimates. student financial aid program that provides tuition benefits to college d. It is anticipated that there will be no costs to Local Governments for students who pursue their undergraduate studies at a New York State the implementation of, or continuing compliance with, this rule. private institution of higher education. Students will be rewarded for e. The source of the cost data in (c) above is derived from the New York remaining and working in New York, which will benefit the State as well. State Division of the Budget. Local government mandates: EMERGENCY No program, service, duty or responsibility will be imposed by this rule upon any county, city, town, village, school district, fire district or other RULE MAKING special district. Paperwork: Excelsior Scholarship This proposal will require applicants to file an electronic application for each year they wish to receive an award up to and including five years of I.D. No. ESC-21-18-00035-E eligibility. Recipients are required to sign a contract agreeing to live in Filing No. 414 New York State, and not be employed outside the State, in exchange for an Filing Date: 2018-05-07 award. Recipients must submit annual status reports until a final disposi- Effective Date: 2018-05-07 tion is reached in accordance with the written contract. Duplication: No relevant rules or other relevant requirements duplicating, overlap- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ping, or conflicting with this rule were identified. cedure Act, NOTICE is hereby given of the following action:

39 Rule Making Activities NYS Register/May 23, 2018

Action taken: Addition of section 2201.18 to Title 8 NYCRR. (2) A recipient must be in full-time attendance as defined in this Statutory authority: Education Law, sections 653, 655 and 669-h section. (3) For purposes of Education Law, section 669-h(1)(b), an applicant Finding of necessity for emergency rule: Preservation of general welfare. must have completed at least 30 combined credits in each consecutive Specific reasons underlying the finding of necessity: This statement is year following his or her start date applicable to his or her program(s) of being submitted pursuant to subdivision (6) of section 202 of the State study which were accepted by his or her current institution at the time of Administrative Procedure Act and in support of the New York State Higher application for this award, except for any permissible interruption of study Education Services Corporation’s (HESC) Emergency Rule Making seek- as determined by the corporation. Notwithstanding, an applicant who ing to add a new section 2201.18 to Title 8 of the Official Compilation of enrolled in a program(s) of study leading to an undergraduate degree and Codes, Rules and Regulations of the State of New York. enrolled as a first-time college student: (i) in the 2015-16 academic year This regulation implements a statutory student financial aid program who earned at least 54 combined credits applicable to his or her pro- providing for awards to be made to students beginning with the fall 2017 gram(s) of study by the end of the 2016-17 academic year, shall become term, which generally starts in August. Emergency adoption is necessary to avoid an adverse impact on the processing of awards to eligible scholar- eligible to receive an award in the 2018-19 academic year and thereafter ship applicants. The statute provides for full tuition benefits to college- if such student completes at least 90 combined credits applicable to his or going students pursuing their undergraduate studies at a New York State her program(s) of study by the end of the 2017-18 academic year; or (ii) public institution of higher education. Decisions on applications for this in the 2016-17 academic year who earned at least 24 combined credits Program are made prior to the beginning of the term. Therefore, it is criti- applicable to his or her program(s) of study by the end of the 2016-17 ac- cal that the terms of the Program as provided in the regulation be effective ademic year, shall become eligible to receive an award in the 2018-19 ac- immediately in order for HESC to process scholarship applications in a ademic year and thereafter if such student completes at least 60 combined timely manner. To accomplish this mandate, the statute further provides credits applicable to his or her program(s) of study by the end of the for HESC to promulgate emergency regulations to implement the Program. 2017-18 academic year. For these reasons, compliance with section 202(1) of the State Administra- (4) For students who are disabled as defined by the Americans with tive Procedure Act would be contrary to the public interest. Disabilities Act of 1990, 42 USC 12101, the full-time attendance require- ment is eliminated, subject to the parameters of paragraph 4 of subdivi- Subject: Excelsior Scholarship. sion d of this section. Purpose: To implement the Excelsior Scholarship. (c) Administration. In addition to the requirements contained in Educa- Text of emergency rule: New section 2201.18 is added to Title 8 of the tion Law, section 669-h, the following requirements shall also apply. New York Code, Rules and Regulations to read as follows: (1) Applicants for an award shall: Section 2201.18 Excelsior Scholarship. (i) apply for program eligibility on forms and in a manner (a) Definitions. For purposes of this section and Education Law, section prescribed by the corporation. The corporation may require applicants to 669-h, the following definitions shall apply: provide additional documentation evidencing eligibility; and (1) Award shall mean an Excelsior Scholarship award pursuant to (ii) electronically transmit applications for program eligibility to Education Law, section 669-h. the corporation on or before the date prescribed by the corporation for the (2) Full-time attendance or full-time study, for purposes of Education applicable academic year. Law, section 669-h(1)(c), shall mean enrollment in at least 12 credits per (2) Recipients of an award shall: semester and completion of at least 30 combined credits per year follow- (i) execute a contract with the corporation agreeing to reside in ing the student’s start date, or its equivalent, applicable to his or her New York State for a continuous number of years equal to the duration of program of study, excluding any permissible interruption of study as the award received and, if employed during such time, to be employed in determined by the corporation, and except as provided in subdivision (b) New York State; of this section and Education Law, section 669-h(1)(c). Noncredit courses (ii) apply for payment annually on forms specified by the corpora- shall not be considered as contributing toward full-time attendance. tion; and (3) Half-time shall mean enrollment in at least six but less than 12 (iii) receive such awards for not more than two academic years of credits, or the equivalent, per semester. full-time undergraduate study if enrolled in an eligible two year program (4) Interruption in undergraduate study shall mean a temporary pe- of study or four academic years of full-time undergraduate study or five riod of leave for a definitive length of time due to circumstances as academic years if the program of study normally requires five years, as determined by the corporation, including, but not limited to, death of a defined by the commissioner pursuant to article thirteen of the education family member, medical leave, military service, service in the Peace Corps law, excluding any allowable interruption of study as defined in this or parental leave. section. For purposes of this subparagraph, a recipient’s academic year (5) Program shall mean the Excelsior Scholarship codified in Educa- shall begin with the term he or she was first in attendance at the institution tion Law, section 669-h in which he or she is currently enrolled. (6) Public institution of higher education shall mean the State (3) For each recipient, institutions shall certify on forms and in the University of New York, as defined in Education Law, section 352(3), a manner prescribed by the corporation the tuition rate charged by the community college as defined in Education Law, section 6301(2), or the institution, eligibility to receive the award, the number of credits completed City University of New York as defined in Education Law, section 6202(2). each academic term, the cumulative credits at the end of each academic (7) Satisfactory progress shall have the same meaning as successful term, the type and amount of each student financial aid award received, completion. excluding loans and work study, and any other information requested by (8) Student’s start date (i) for purposes of Education Law, section the corporation. 669-h(1)(b), shall mean the date the student began attendance as a first (d) Amounts. time college student; and (ii) for purposes of Education Law, section 669- (1) The amount of the award shall be determined in accordance with h(1)(c), shall mean the date the college determines such recipient was first Education Law, section 669-h. in attendance at that institution. (2) Disbursements shall be made each term to institutions, on behalf (9) Successful completion shall mean a student has earned at least 30 of recipients, within a reasonable time subject to the verification and certi- combined credits in each consecutive year following the student’s start fication by the institution of the recipient’s full-time status and other date, or its equivalent, applicable to his or her program or programs of eligibility and certification requirements. study except as provided in subdivision (b) of this section and Education (3) Awards shall be reduced by the value of other educational grants Law, section 669-h(1)(c). and scholarships that cover the cost of attendance unless the award is (b) Eligibility. In addition to the requirements of Education Law, sec- exclusively for non-tuition expenses as authorized by Education Law, sec- tion 669-h, an applicant must also satisfy the general eligibility require- tion 669-h. ments provided in Education Law, section 661. As authorized by Educa- (4) For students who are disabled as defined by the Americans with tion Law, section 669-h, the following exceptions and modifications to the Disabilities Act of 1990, 42 USC 12101, upon each certification by the eligibility requirements shall apply: college or university, payment eligibility shall be determined and mea- (1) College credit earned toward a recipient’s program(s) of study sured proportionally in equivalence with full-time study. while a high school student or other non-matriculated status shall be (e) Contractual obligation. considered as contributing toward full-time attendance. For a recipient (1) For the purpose of complying with Education Law, section 669- who earned college credit toward his or her program(s) of study prior to h(4)(e), military personnel, including those in the Military Reserves and enrolling in college as a matriculated student and who is making satisfac- ROTC or CSPI, for whom New York is his or her legal state of residence tory progress toward timely completion of his or her program(s) of study, shall be deemed to reside and be employed in New York State regardless of and is enrolled in coursework not applicable toward his or her program(s) where the individual is stationed or deployed. of study, such coursework outside of his or her program(s) of study shall (2) For the purpose of complying with Education Law, section 669- be considered as contributing toward full-time attendance. h(4)(e), for a recipient who is no longer eligible to receive award pay-

40 NYS Register/May 23, 2018 Rule Making Activities ments, the duration he or she resides in New York State while completing postsecondary education. Recognizing the growing need for workers with undergraduate or graduate study, including medical residency, shall be postsecondary education and training, the wage earnings benefits for those credited toward the time necessary to satisfy the recipient’s residency and with training beyond high school, the rapidly rising college costs and employment requirement. mounting student loan debt, this Program makes college tuition-free for (3) Where a recipient, within six months of receipt of his or her final New York’s students attending a State University of New York (SUNY) or award payment, fails to maintain permanent domicile in New York State City University of New York (CUNY) two-year or four-year college. for a continuous number of years equal to the duration of the award The Program provides for annual tuition awards up to $5,500 for resi- received or, during such time, is employed in any other state, the corpora- dent, undergraduate students from households with incomes of up to tion shall convert all award monies received to a 10-year student loan, $125,000, when fully phased in. Students must be on track to complete an without interest. However, the requirement to maintain permanent domi- associate’s degree in two years or a bachelor’s degree in four years by tak- cile, and only be employed, in New York State, may be deferred to complete ing at least 30 credits each year. Awards are reduced by other financial aid undergraduate study or attend graduate school, including medical received by the student, such as a Tuition Assistance Program (TAP) residency, on at least a half-time basis. award. Any remaining tuition expense will be covered through a college (4) Where a recipient has demonstrated extreme hardship as a result credit. Payments will be made directly to the public college or university of a disability, labor market conditions, or other such circumstances, the on behalf of the student upon certification of his or her successful comple- corporation may, in its discretion, postpone converting the award to a tion of the academic term. student loan, temporarily suspend repayment of the amount owed, dis- Students receiving an Excelsior Scholarship award must sign a contract charge the amount owed, or take such other appropriate action. Notwith- agreeing to live in New York State for a number of years equal to the dura- standing, the corporation shall prorate the amount owed commensurate tion of the award received and, if employed, work within the State during with the length of time the recipient complied with the residency and this time. Recipients who do not satisfy this obligation will have the value employment requirements. of their awards converted to an interest-free student loan. This notice is intended to serve only as a notice of emergency adoption. Costs: This agency intends to adopt this emergency rule as a permanent rule and a. It is anticipated that there will be no costs to the agency for the will publish a notice of proposed rule making in the State Register at some implementation of, or continuing compliance with this rule. future date. The emergency rule will expire August 4, 2018. b. The maximum cost of the program to the State is $87 million in the Text of rule and any required statements and analyses may be obtained first year based upon budget estimates. from: Cheryl B. Fisher, NYS Higher Education Services Corporation, 99 c. It is anticipated that there will be no costs to Local Governments for Washington Avenue, Room 1325, Albany, New York 12255, (518) 474- the implementation of, or continuing compliance with, this rule. 5592, email: [email protected] d. The source of the cost data in (b) above is derived from the New York State Division of the Budget. Regulatory Impact Statement Local government mandates: Statutory authority: No program, service, duty or responsibility will be imposed by this rule The New York State Higher Education Services Corporation’s (HESC) upon any county, city, town, village, school district, fire district or other statutory authority to promulgate regulations and administer the Excelsior special district. Scholarship (Program) is codified within Article 14 of the Education Law. Paperwork: In particular, Part HHH of Chapter 59 of the Laws of 2017 created the This proposal will require applicants to file an electronic application for Program by adding a new section 669-h to the Education Law. Subdivi- each year they wish to receive an award up to and including five years of sion 6 of section 669-h of the Education Law authorizes HESC to eligibility. Recipients are required to sign a contract agreeing to live in promulgate emergency regulations for the purpose of administering this New York State, and not be employed outside the State, in exchange for an Program. award. Recipients must submit annual status reports until a final disposi- Pursuant to Education Law § 652(2), HESC was established for the tion is reached in accordance with the written contract. purpose of improving the post-secondary educational opportunities of Duplication: eligible students through the centralized administration of New York State No relevant rules or other relevant requirements duplicating, overlap- financial aid programs and coordinating the State’s administrative effort in ping, or conflicting with this rule were identified. student financial aid programs with those of other levels of government. Alternatives: In addition, Education Law § 653(9) empowers HESC’s Board of Trust- The proposed regulation is the result of HESC’s outreach efforts to ees to perform such other acts as may be necessary or appropriate to carry financial aid professionals with regard to this Program. Several alterna- out the objects and purposes of the corporation including the promulgation tives were considered in the drafting of this regulation, such as the ap- of rules and regulations. plication of the credit requirement. Given the statutory language as set HESC’s President is authorized, under Education Law § 655(4), to forth in section 669-h of the Education Law, a “no action” alternative was propose rules and regulations, subject to approval by the Board of Trust- not an option. ees, governing, among other things, the application for and the granting Federal standards: and administration of student aid and loan programs, the repayment of This proposal does not exceed any minimum standards of the Federal loans or the guarantee of loans made by HESC; and administrative func- Government. tions in support of state student aid programs. Also, consistent with Educa- Compliance schedule: tion Law § 655(9), HESC’s President is authorized to receive assistance The agency will be able to comply with the regulation immediately from any Division, Department or Agency of the State in order to properly upon its adoption. carry out his or her powers, duties and functions. Finally, Education Law § 655(12) provides HESC’s President with the authority to perform such Regulatory Flexibility Analysis other acts as may be necessary or appropriate to carry out effectively the This statement is being submitted pursuant to subdivision (3) of section general objects and purposes of HESC. 202-b of the State Administrative Procedure Act and in support of the New Legislative objectives: York State Higher Education Services Corporation’s (HESC) Emergency The Education Law was amended to add a new section 669-h to create Rule Making, seeking to add a new section 2201.18 to Title 8 of the Of- the Excelsior Scholarship (Program). This Program makes college tuition- ficial Compilation of Codes, Rules and Regulations of the State of New free for New York’s middle class families at all State University of New York. York (SUNY) and City University of New York (CUNY) two-year and It is apparent from the nature and purpose of this rule that it will not four-year colleges. impose an adverse economic impact on small businesses or local Needs and benefits: governments. HESC finds that this rule will not impose any compliance Many studies have underscored the importance of a college degree in requirement or adverse economic impact on small businesses or local today’s global economy. According to a report by the Center on Education governments. Rather, it has potential positive impacts inasmuch as it and the Workforce (CEW) at Georgetown University, by 2020, 65 percent implements a statutory student financial aid program that provides full tu- of all jobs will require some form of postsecondary education or training, ition benefits to college students who pursue their undergraduate studies at compared to 59 percent of jobs in 2010. The CEW report finds that having a New York State public institution of higher education. Students will be a skilled workforce is critical if the United States is to “remain competi- rewarded for remaining and working in New York, which will provide an tive, attract the right type of industry, and engage the right type of talent in economic benefit to the State’s small businesses and local governments as a knowledge-based and innovative economy.” At the current pace, the well. United States will fall short of its skilled workforce needs by 5 million Rural Area Flexibility Analysis workers. The disparity in earning potential between high school graduates This statement is being submitted pursuant to subdivision (4) of section and college graduates has never been greater, nor has the student loan debt 202-bb of the State Administrative Procedure Act and in support of the – which stands at $1.3 trillion – being carried by those who have pursued a New York State Higher Education Services Corporation’s Emergency Rule

41 Rule Making Activities NYS Register/May 23, 2018

Making, seeking to add a new section 2201.18 to Title 8 of the Official (2) “Employment” shall mean continuous employment for at least Compilation of Codes, Rules and Regulations of the State of New York. thirty-five hours per week in the science, technology, engineering or It is apparent from the nature and purpose of this rule that it will not mathematics field, as published on the corporation’s web site, for a public impose an adverse impact on rural areas. Rather, it has potential positive or private entity located in New York State for five years after the comple- impacts inasmuch as it implements a statutory student financial aid tion of the undergraduate degree program and, if applicable, a higher program that provides full tuition benefits to college students who pursue degree program or professional licensure degree program and a grace pe- their undergraduate studies at a New York State public institution of higher riod as authorized by section 669-e(4) of the education law. education. Students will be rewarded for remaining and working in New (3) “Grace period” shall mean a six month period following a recip- York, which will benefit rural areas around the State as well. ient’s date of graduation from a public institution of higher education and, This agency finds that this rule will not impose any reporting, record if applicable, a higher degree program or professional licensure degree keeping or other compliance requirements on public or private entities in program as authorized by section 669-e(4) of the education law. rural areas. (4) “High school class” shall mean the total number of students eligible to graduate from a high school in the applicable school year. Job Impact Statement (5) “Interruption in undergraduate study or employment” shall mean This statement is being submitted pursuant to subdivision (2) of section a temporary period of leave for a definitive length of time due to circum- 201-a of the State Administrative Procedure Act and in support of the New stances as determined by the corporation, including, but not limited to, York State Higher Education Services Corporation’s Emergency Rule maternity/paternity leave, death of a family member, or military duty. Making seeking to add a new section 2201.18 to Title 8 of the Official (6) “Program” shall mean the New York State Science, Technology, Compilation of Codes, Rules and Regulations of the State of New York. Engineering and Mathematics Incentive Program codified in section 669-e It is apparent from the nature and purpose of this rule that it will not of the education law. have any negative impact on jobs or employment opportunities. Rather, it (7) “Public institution of higher education” shall mean the state has potential positive impacts inasmuch as it implements a statutory university of New York, as defined in subdivision 3 of section 352 of the student financial aid program that provides full tuition benefits to college education law, a community college as defined in subdivision 2 of section students who pursue their undergraduate studies at a New York State pub- 6301 of the education law, or the city university of New York as defined in lic institution of higher education. Students will be rewarded for remain- subdivision 2 of section 6202 of the education law. ing and working in New York, which will benefit the State as well. (8) “School year” shall mean the period commencing on the first day EMERGENCY of July in each year and ending on the thirtieth day of June next following. (9) “Science, technology, engineering and mathematics” programs RULE MAKING shall mean those undergraduate degree programs designated by the corporation on an annual basis and published on the corporation’s web New York State Science, Technology, Engineering and site. Mathematics Incentive Program (10) “Successful completion of a term” shall mean that at the end of any academic term, the recipient: (i) met the eligibility requirements for I.D. No. ESC-21-18-00036-E the award pursuant to sections 661 and 669-e of the education law; (ii) Filing No. 415 completed at least 12 credit hours or its equivalent in a course of study Filing Date: leading to an approved undergraduate degree in the field of science, 2018-05-07 technology, engineering, or mathematics; and (iii) possessed a cumulative Effective Date: 2018-05-07 grade point average (GPA) of 2.5 as of the date of the certification by the institution. Notwithstanding, the GPA requirement is preliminarily waived PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- for the first academic term for programs whose terms are organized in cedure Act, NOTICE is hereby given of the following action: semesters, and for the first two academic terms for programs whose terms are organized on a trimester basis. In the event the recipient’s cumulative Action taken: Addition of section 2201.13 to Title 8 NYCRR. GPA is less than a 2.5 at the end of his or her first academic year, the re- Statutory authority: Education Law, sections 653, 655 and 669-e cipient will not be eligible for an award for the second academic term for Finding of necessity for emergency rule: Preservation of general welfare. programs whose terms are organized in semesters or for the third aca- Specific reasons underlying the finding of necessity: This statement is demic term for programs whose terms are organized on a trimester basis. being submitted pursuant to subdivision (6) of section 202 of the State In such case, the award received for the first academic term for programs Administrative Procedure Act and in support of the New York State Higher whose terms are organized in semesters and for the first two academic Education Services Corporation’s (“HESC”) Emergency Rule Making terms for programs whose terms are organized on a trimester basis must seeking to add a new section 2201.13 to Title 8 of the Official Compilation be returned to the corporation and the institution may reconcile the of Codes, Rules and Regulations of the State of New York. student’s account, making allowances for any other federal, state, or This regulation implements a statutory student financial aid program institutional aid the student is eligible to receive for such terms unless: (A) providing for awards to be made to students beginning with the fall 2014 the recipient’s GPA in his or her first academic term for programs whose term. Emergency adoption is necessary to avoid an adverse impact on the terms are organized in semesters was a 2.5 or above, or (B) the recipient’s processing of awards to eligible scholarship applicants. The statute GPA in his or her first two academic terms for programs whose terms are provides for tuition benefits to college-going students who, beginning organized on a trimester basis was a 2.5 or above, in which case the August 2014, pursue an undergraduate program of study in science, institution may retain the award received and only reconcile the student’s technology, engineering, or mathematics at a New York State public account for the second academic term for programs whose terms are institution of higher education. High school students entering college in organized in semesters or for the third academic term for programs whose August must inform the institution of their intent to enroll no later than terms are organized on a trimester basis. The corporation shall issue a May 1. Therefore, it is critical that the terms of the program as provided in guidance document, which will be published on its web site. the regulation be available immediately in order for HESC to process (b) Eligibility. An applicant for an award under this program pursuant scholarship applications so that students can make informed choices. To to section 669-e of the education law must also satisfy the general eligibil- accomplish this mandate, the statute further provides for HESC to ity requirements provided in section 661 of the education law. promulgate emergency regulations to implement the program. For these (c) Class rank or placement. As a condition of an applicant’s eligibility, reasons, compliance with section 202(1) of the State Administrative Pro- the applicant’s high school shall provide the corporation: cedure Act would be contrary to the public interest. (1) official documentation from the high school either (i) showing the applicant’s class rank together with the total number of students in such Subject: New York State Science, Technology, Engineering and Mathemat- applicant’s high school class or (ii) certifying that the applicant is in the ics Incentive Program. top 10 percent of such applicant’s high school class; and Purpose: To implement the New York State Science, Technology, (2) the applicant’s most current high school transcript; and Engineering and Mathematics Incentive Program. (3) an explanation of how the size of the high school class, as defined Text of emergency rule: New section 2201.13 is added to Title 8 of the in subdivision (a), was determined and the total number of students in New York Code, Rules and Regulations to read as follows: such class using such methodology. If the high school does not rank the Section 2201.13 New York State Science, Technology, Engineering and students in such high school class, the high school shall also provide the Mathematics Incentive Program. corporation with an explanation of the method used to calculate the top 10 (a) Definitions. The following definitions apply to this section: percent of students in the high school class, and the number of students in (1) “Award” shall mean a New York State Science, Technology, the top 10 percent, as calculated. Each methodology must comply with the Engineering and Mathematics Incentive Program award pursuant to sec- terms of this program as well as be rational and reasonable. In the event tion 669-e of the New York State education law. the corporation determines that the methodology used by the high school

42 NYS Register/May 23, 2018 Rule Making Activities fails to comply with the term of the program, or is irrational or unreason- the New York State Science, Technology, Engineering and Mathematics able, the applicant will be denied the award for failure to satisfy the Incentive Program (“Program”) is codified within Article 14 of the Educa- eligibility requirements; and tion Law. In particular, Part G of Chapter 56 of the Laws of 2014 created (4) any additional information the corporation deems necessary to the Program by adding a new section 669-e to the Education Law. Subdivi- determine that the applicant has graduated within the top 10 percent of sion 5 of section 669-e of the Education Law authorizes HESC to his or her high school class. promulgate emergency regulations for the purpose of administering this (d) Administration. Program. (1) Applicants for an award shall: Pursuant to Education Law § 652(2), HESC was established for the (i) apply for program eligibility on forms and in a manner purpose of improving the post-secondary educational opportunities of prescribed by the corporation. The corporation may require applicants to eligible students through the centralized administration of New York State provide additional documentation evidencing eligibility; and financial aid programs and coordinating the State’s administrative effort in (ii) postmark or electronically transmit applications for program student financial aid programs with those of other levels of government. eligibility to the corporation on or before the date prescribed by the In addition, Education Law § 653(9) empowers HESC’s Board of Trust- corporation for the applicable academic year. Notwithstanding any other ees to perform such other acts as may be necessary or appropriate to carry rule or regulation to the contrary, such applications shall be received by out the objects and purposes of the corporation including the promulgation the corporation no later than August 15th of the applicant’s year of gradu- of rules and regulations. ation from high school. HESC’s President is authorized, under Education Law § 655(4), to (2) Recipients of an award shall: propose rules and regulations, subject to approval by the Board of Trust- (i) execute a service contract prescribed by the corporation; ees, governing, among other things, the application for and the granting (ii) apply for payment annually on forms specified by the corpora- and administration of student aid and loan programs, the repayment of tion; loans or the guarantee of loans made by HESC; and administrative func- (iii) confirm annually their enrollment in an approved undergradu- tions in support of state student aid programs. Also, consistent with Educa- ate program in science, technology, engineering, or mathematics; tion Law § 655(9), HESC’s President is authorized to receive assistance (iv) receive such awards for not more than four academic years of from any Division, Department or Agency of the State in order to properly full-time undergraduate study or five academic years if the program of carry out his or her powers, duties and functions. Finally, Education Law study normally requires five years, as defined by the commissioner pursu- § 655(12) provides HESC’s President with the authority to perform such ant to article thirteen of the education law, excluding any allowable inter- other acts as may be necessary or appropriate to carry out effectively the ruption of study; and general objects and purposes of HESC. (v) respond to the corporation’s requests for a letter from their Legislative objectives: employer attesting to the employee’s job title, the employee’s number of The Education Law was amended to add a new section 669-e to create hours per work week, and any other information necessary for the the “New York State Science, Technology, Engineering and Mathematics corporation to determine compliance with the program’s employment Incentive Program” (Program). This Program is aimed at increasing the requirements. number of individuals working in the fields of science, technology, (e) Amounts. engineering and mathematics (STEM) in New York State to meet the (1) The amount of the award shall be determined in accordance with increasingly critical need for those skills in the State’s economy. section 669-e of the education law. Needs and benefits: (2) Disbursements shall be made each term to institutions, on behalf According to a February 2012 report by President Obama’s Council of of recipients, within a reasonable time upon successful completion of the Advisors on Science and Technology, there is a need to add to the Ameri- term subject to the verification and certification by the institution of the re- can workforce over the next decade approximately one million more sci- cipient’s GPA and other eligibility requirements. ence, technology, engineering and mathematics (STEM) professionals (3) Awards shall be reduced by the value of other educational grants than the United States will produce at current rates in order for the country and scholarships limited to tuition, as authorized by section 669-e of the to stay competitive. To meet this goal, the United States will need to education law. increase the number of students who receive undergraduate STEM degrees (f) Failure to comply. by about 34% annually over current rates. The report also stated that fewer (1) All award monies received shall be converted to a 10-year student than 40% of students who enter college intending to major in a STEM loan plus interest for recipients who fail to meet the statutory, regulatory, field complete a STEM degree. Further, a recent Wall Street Journal article contractual, administrative or other requirement of this program. reported that New York state suffers from a shortage of graduates in STEM (2) The interest rate for the life of the loan shall be fixed and equal to fields to fill the influx of high-tech jobs that occurred five years ago. At a that published annually by the U.S. Department of Education for under- plant in Malta, about half the jobs were filled by people brought in from graduate unsubsidized Stafford loans at the time the recipient signed the outside New York and 11 percent were foreigners. According to the article, service contract with the corporation. Bayer Corp. is due to release a report showing that half of the recruiters (3) Interest shall begin to accrue on the day each award payment is from large U.S. companies surveyed couldn’t find enough job candidates disbursed to the institution. with four-year STEM degrees in a timely manner; some said that had led (4) Interest shall be capitalized on the day the award recipient to more recruitment of foreigners. About two-thirds of the recruiters violates any term of the service contract or the date the corporation deems surveyed said that their companies were creating more STEM positions the recipient was no longer able or willing to perform the terms of the ser- than other types of jobs. There are also many jobs requiring a two-year vice contract. Interest on this amount shall be calculated using simple degree. In an effort to deal with this shortage, companies are using more interest. internships, grants and scholarships. (5) Where a recipient has demonstrated extreme hardship as a result The Program is aimed at increasing the number New York graduates of a total and permanent disability, labor market conditions, or other such with two and four year degrees in STEM who will be working in STEM circumstances, the corporation may, in its discretion, postpone converting fields across New York state. Eligible recipients may receive annual the award to a student loan, temporarily suspend repayment of the amount awards for not more than four academic years of undergraduate full-time owed, prorate the amount owed commensurate with service completed, study (or five years if enrolled in a five-year program) while matriculated discharge the amount owed, or such other appropriate action. Where a re- in an approved program leading to a career in STEM. cipient has demonstrated in-school status, the corporation shall temporar- The maximum amount of the award is equal to the annual tuition ily suspend repayment of the amount owed for the period of in-school charged to New York State resident students attending an undergraduate status. program at the State University of New York (SUNY), including state operated institutions, or City University of New York (CUNY). The cur- This notice is intended to serve only as a notice of emergency adoption. rent maximum annual award for the 2014-15 academic year is $6,170. This agency intends to adopt this emergency rule as a permanent rule and Payments will be made directly to schools on behalf of students upon cer- will publish a notice of proposed rule making in the State Register at some tification of their successful completion of the academic term. future date. The emergency rule will expire August 4, 2018. Students receiving a New York State Science, Technology, Engineering Text of rule and any required statements and analyses may be obtained and Mathematics Incentive Program award must sign a service agreement from: Cheryl B. Fisher, NYS Higher Education Services Corporation, 99 and agree to work in New York state for five years in a STEM field and Washington Avenue, Room 1325, Albany, New York 12255, (518) 474- reside in the State during those five years. Recipients who do not fulfill 5592, email: [email protected] their service obligation will have the value of their awards converted to a Regulatory Impact Statement student loan and be responsible for interest. Statutory authority: Costs: The New York State Higher Education Services Corporation’s a. It is anticipated that there will be no costs to the agency for the (“HESC”) statutory authority to promulgate regulations and administer implementation of, or continuing compliance with this rule.

43 Rule Making Activities NYS Register/May 23, 2018

b. The maximum cost of the program to the State is $8 million in the student financial aid program that provides tuition benefits to college first year based upon budget estimates. students who pursue their undergraduate studies in the fields of science, c. It is anticipated that there will be no costs to Local Governments for technology, engineering, or mathematics at New York State public institu- the implementation of, or continuing compliance with, this rule. tion of higher education. Students will be rewarded for remaining and d. The source of the cost data in (b) above is derived from the New York working in New York, which will benefit the State as well. State Division of the Budget. Local government mandates: No program, service, duty or responsibility will be imposed by this rule upon any county, city, town, village, school district, fire district or other Justice Center for the Protection of special district. Paperwork: People with Special Needs This proposal will require applicants to file an electronic application for each year they wish to receive an award up to and including five years of eligibility. Recipients are required to sign a contract for services in PROPOSED RULE MAKING exchange for an award. Recipients must submit annual status reports until NO HEARING(S) SCHEDULED a final disposition is reached in accordance with the written contract. Duplication: No relevant rules or other relevant requirements duplicating, overlap- Protocols for Interviewing Service Recipients ping, or conflicting with this rule were identified. I.D. No. JCP-21-18-00030-P Alternatives: The proposed regulation is the result of HESC’s outreach efforts to PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- financial aid professionals with regard to this Program. Several alterna- tives were considered in the drafting of this regulation. For example, sev- cedure Act, NOTICE is hereby given of the following proposed rule: eral alternatives were considered in defining terms/phrases used in the Proposed Action: Addition of Part 705 to Title 14 NYCRR. regulation as well as the academic progress requirement. Given the statu- Statutory authority: Executive Law, section 553(28); L. 2014, ch. 394, tory language as set forth in section 669-e of the Education Law, a “no ac- section 3 tion” alternative was not an option. Subject: Protocols for interviewing service recipients. Federal standards: This proposal does not exceed any minimum standards of the Federal Purpose: To ensure interviews of service recipients during investigations Government, and efforts were made to align it with similar federal subject are conducted in a safe and sensitive manner. areas as evidenced by the adoption of the federal unsubsidized Stafford Substance of proposed rule (Full text is posted at the following State loan rate in the event that the award is converted into a student loan. website: www.justicecenter.ny.gov): Part 705 is added to Title 14 to estab- Compliance schedule: lish protocols for interviewing service recipients. The agency will be able to comply with the regulation immediately A statement of background and intent is provided and indicates the upon its adoption. intent to protect service recipients from an interview process which may Regulatory Flexibility Analysis be unintentionally harmful to their wellbeing. This rule seeks to balance This statement is being submitted pursuant to subdivision (3) of section the safety of service recipients in light of their clinical, personal consider- 202-b of the State Administrative Procedure Act and in support of the New ations and the need for the timely completion of an effective investigation. York State Higher Education Services Corporation’s (“HESC”) Emer- This rule applies to all investigations of alleged abuse and neglect gency Rule Making, seeking to add a new section 2201.13 to Title 8 of the conducted by the Justice Center, as well as investigations conducted by Official Compilation of Codes, Rules and Regulations of the State of New state agencies whose programs are under the jurisdiction of the Justice York. Center and by the facilities and programs defined in section 488(4) of the It is apparent from the nature and purpose of this rule that it will not Social Services Law when acting as the delegate investigatory entity. impose an adverse economic impact on small businesses or local The statutory authority for this rule is Executive Law section 553(28). governments. HESC finds that this rule will not impose any compliance The rule establishes a process for providing notification to service requirement or adverse economic impact on small businesses or local recipients who are alleged victims or potential witnesses and/or their governments. Rather, it has potential positive impacts inasmuch as it personal representatives, as defined in the rule, that the alleged victim or implements a statutory student financial aid program that provides tuition potential witness may be interviewed as part of the investigation into the benefits to college students who pursue their undergraduate studies in the allegation of abuse and neglect. It also sets forth exceptions to the notifica- fields of science, technology, engineering, or mathematics at a New York tion requirements. State public institution of higher education. Students will be rewarded for The rule also establishes a process for making determinations regarding remaining and working in New York, which will provide an economic the appropriateness of conducting an interview given a service recipients’ benefit to the State’s small businesses and local governments as well. diagnosis. Under certain circumstances, the investigator shall document why proceeding with certain interviews is appropriate and include the Rural Area Flexibility Analysis steps take to protect the service recipient’s health, safety, and wellbeing This statement is being submitted pursuant to subdivision (4) of section during the interview. 202-bb of the State Administrative Procedure Act and in support of the Finally, the rule establishes a process for determining whether the pres- New York State Higher Education Services Corporation’s Emergency Rule ence of the personal representative at the interview is to be permitted and Making, seeking to add a new section 2201.13 to Title 8 of the Official indicates that service recipients or their personal representatives are ad- Compilation of Codes, Rules and Regulations of the State of New York. vised about what to expect in an interview and that participation in the It is apparent from the nature and purpose of this rule that it will not interview is entirely voluntary. impose an adverse impact on rural areas. Rather, it has potential positive impacts inasmuch as it implements a statutory student financial aid Text of proposed rule and any required statements and analyses may be program that provides tuition benefits to college students who pursue their obtained from: Rebecca Mudie, Justice Center for the Protection of People undergraduate studies in the fields of science, technology, engineering, or with Special Needs, 161 Delaware Avenue, Delmar, NY 12054, (518) 549- mathematics at a New York State public institution of higher education. 0254, email: [email protected] Students will be rewarded for remaining and working in New York, which Data, views or arguments may be submitted to: Same as above. will benefit rural areas around the State as well. Public comment will be received until: 60 days after publication of this This agency finds that this rule will not impose any reporting, record notice. keeping or other compliance requirements on public or private entities in Regulatory Impact Statement rural areas. 1. Statutory authority: Executive Law Section 553(28) enacted by Job Impact Statement chapter 394 of the laws of 2014 requires the Justice Center to develop This statement is being submitted pursuant to subdivision (2) of section protocols in consultation with state oversight agencies for interviewing 201-a of the State Administrative Procedure Act and in support of the New service recipients during investigations of allegations of abuse and/or ne- York State Higher Education Services Corporation’s Emergency Rule glect and to promulgate regulations describing and implementing such Making seeking to add a new section 2201.13 to Title 8 of the Official protocols. Compilation of Codes, Rules and Regulations of the State of New York. 2. Legislative objectives: The proposed rule comports with the legisla- It is apparent from the nature and purpose of this rule that it will not tive directive to develop and implement protocols so that interviews of have any negative impact on jobs or employment opportunities. Rather, it service recipients during investigations are conducted in a safe and ap- has potential positive impacts inasmuch as it implements a statutory propriately sensitive manner.

44 NYS Register/May 23, 2018 Rule Making Activities

3. Needs and benefits: The purpose of this rule is to protect service 4. Compliance costs: Since provider agencies are already complying recipients from an interview process which may be unintentionally harm- with the provisions of this rule, initial capital costs will not be incurred to ful to their wellbeing. This rule is required by statute and is intended to comply with this rule. Annual cost for continuing compliance would balance the safety of service recipients in light of their clinical, personal depend upon the size of the provider agency, the number of service considerations and the need for the timely completion of an effective recipients served, and the prevalence of investigations. Continuing compli- investigation. ance costs are unlikely to vary for provider agencies. 4. Costs: Service providers are already required to report allegations of 5. Economic and technological feasibility: Provider agencies are al- abuse and neglect and assist the Justice Center or state oversight agencies ready complying with the provisions of this rule. with any ensuing investigations. This rule was previously adopted by emergency regulation, and guidance documents were issued to state 6. Minimizing adverse impact: The implementation of this rule was oversight agencies. Since service providers are already complying with directed by statute and does not impose an adverse economic impact on the provisions of this rule, costs will not be incurred to comply with this service providers. Service providers are already required to report allega- rule. Annual cost for continuing compliance would depend upon the size tions of abuse and neglect and assist the Justice Center or state oversight of the provider agency, the number of service recipients served, and the agencies with any ensuing investigations. prevalence of investigations. Continuing compliance costs are unlikely to 7. Small business and local government participation: Small businesses increase for state oversight or provider agencies. and local governments will have an opportunity for public comment dur- 5. Local government mandates: This rule imposes no program, service, ing this rule make process. duty or responsibility upon any county, city, town, village, school district, Rural Area Flexibility Analysis fire district or other special district. This rule imposes neither an adverse impact on rural areas; nor report- 6. Paperwork: 1) Service providers and state oversight agencies are ing, recordkeeping or other compliance requirements on public or private required to document in writing that notification to service recipients entities in rural areas that are not similarly imposed upon service providers and/or their personal representatives that a service recipient may be in other areas of the State. interviewed during an investigation has been made, or that a diligent effort The proposed rule sets forth the procedures developed and implemented was made to provide such notification. A template for notification of by the Justice Center pursuant to statutory direction to ensure that personal representatives has been provided to state oversight agencies and interviews of service recipients during the course of an investigation of al- posted on the Justice Center’s website. leged abuse and neglect are conducted in a safe and appropriately sensi- 2) Under limited circumstances, investigators are required to document tive manner. in the investigative record why certain interviews occurred and the steps Comments will be received and entertained during the public comment taken to protect the service recipient’s health, safety and wellbeing during period associated with the Proposed Rulemaking portion of this Notice. the interview. Job Impact Statement 3) Investigators are required to document in the investigative record if A Job Impact Statement (JIS) is not required because it is evident from he or she determines that a service recipient’s personal representative the subject matter of this proposal that it will have no impact on jobs and should not be present at an interview or should leave once an interview is employment opportunities. underway. The proposed consensus rule merely clarifies language in the existing 7. Duplication: There are no relevant rules or other legal requirements rule and makes minor technical corrections. of the state and federal governments that duplicate, overlap or conflict Accordingly, the adoption of this rule will not affect existing investiga- with the rule. tor jobs or employment opportunities. 8. Alternatives: There were no significant alternatives considered. 9. Federal standards: This rule does not exceed any minimum standards of the federal government. 10. Compliance schedule: While the protocols have been developed and Office for People with implemented, they are not currently in regulation and the agency needs to adopt a final regulation to comply with the enabling statute and to continue Developmental Disabilities the protection of the health, safety and welfare of service recipients during the interview process. Regulatory Flexibility Analysis PROPOSED RULE MAKING 1. Effect of rule: Approximately 2,500 provider agencies, as defined in Social Services Law 488(4): NO HEARING(S) SCHEDULED 1) program in which services are provided and which is operated, licensed or certified by the office of mental health, the office for people Certificate of Incorporation with developmental disabilities or the office of alcoholism and substance abuse services; I.D. No. PDD-21-18-00046-P 2) any residential programs or facilities licensed or certified by the of- fice of children and family services, excluding foster family homes and PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- residential programs for victims of domestic violence; cedure Act, NOTICE is hereby given of the following proposed rule: 3) adult care facilities, which shall mean adult homes or enriched hous- ing programs that (A) that have a licensed capacity of eighty or more beds; Proposed Action: This is a consensus rule making to amend Part 681 of and (B) in which at least twenty-five percent of the residents are persons Title 14 NYCRR. with serious mental illness as defined by mental hygiene law section Statutory authority: Mental Hygiene Law, sections 13.07, 13.09(b) and 1.03(52); 16.00 4) any overnight, summer day and traveling summer day camps for Subject: Certificate of Incorporation. children with developmental disabilities as defined in regulations promul- Purpose: Remove a requirement for certificate holders that is no longer gated by the commissioner of health; or required under Mental Hygiene Law section 16.07. 5) the New York state school for the blind and the New York state school Text of proposed rule: Existing paragraph 681.3(h) is amended as follows: for the deaf, which operate pursuant to Education Law articles 87 and 88; (h) The certificate holder shall obtain prior approval from OPWDD to: 6) an institution for the instruction of the deaf and the blind which has a (1) change the address of physical location of the intermediate care residential component and is subject to the visitation of the commissioner facility or utilize additional physical locations or premises or parts of of education pursuant to Education Law Article 85 with respect to its day premises; and residential components; (2) initiate any changes in the overall provision of services; or 7) special act school districts serving students with disabilities; or [(3) change the powers or purposes set forth in any certificate of 8) in-state private schools which have been approved by the commis- incorporation or partnership agreement; or] sioner of education for special education services or programs, and which 3[(4)] change the certified residential capacity of the intermediate have a residential program. care facility. 2. Compliance requirements: Providers agencies are required to docu- ment in writing that notification to service recipients and/or their personal Text of proposed rule and any required statements and analyses may be representatives that a service recipient may be interviewed during an obtained from: Office of Counsel, Bureau of Policy and Regulatory Af- investigation has been made, or that a diligent effort was made to provide fairs, Office for People With Developmental Disabilities (OPWDD), 44 such notification. Holland Avenue, 3rd Floor, Albany, NY 12229, (518) 474-7700, email: 3. Professional services: Professional services are not necessary to [email protected] comply with this rule. Data, views or arguments may be submitted to: Same as above.

45 Rule Making Activities NYS Register/May 23, 2018

Public comment will be received until: 60 days after publication of this customer impact during the current rate plan in Case 16-W-0259 for dis- notice. position through NYAW’s existing property tax reconciliation Additional matter required by statute: Pursuant to the requirements of the mechanisms. Staff recommends the second option. The Commission may State Environmental Quality Review Act, OPWDD, as lead agency, has choose one of the proposed options or decide on an alternative method of determined that the action described herein will have no effect on the making ratepayers whole. The full text of the Staff Report and the full case environment and an E.I.S. is not needed. record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, This rule was not under consideration at the time this agency submitted reject or modify, in whole or in part, the action proposed and may resolve its Regulatory Agenda for publication in the Register. related matters. Consensus Rule Making Determination Text of proposed rule and any required statements and analyses may be In 2010, Mental Hygiene Law repealed Section 16.07 to discontinue the obtained by filing a Document Request Form (F-96) located on our requirement that certificates of incorporation be approved by the commis- website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John sioner of OPWDD. In conformance with the repeal of Section 16.07, Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New OPWDD is removing the requirement for certificate holders to receive ap- York 12223-1350, (518) 486-2655, email: [email protected] proval from OPWDD to change the powers or purposes set forth in any certificate of incorporation or partnership agreement. Data, views or arguments may be submitted to: Kathleen H. Burgess, OPWDD has determined that due to the nature and purpose of the Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New amendments no person is likely to object to the rule as written. York 12223-1350, (518) 474-6530, email: [email protected] Job Impact Statement Public comment will be received until: 60 days after publication of this A Job Impact Statement for the proposed amendments is not being notice. submitted because it is apparent from the nature and purposes of the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural amendments that they will not have a substantial adverse impact on jobs Area Flexibility Analysis and Job Impact Statement and/or employment opportunities. Statements and analyses are not submitted with this notice because the The proposed regulations update 14 NYCRR Part 681.1(h) by remov- proposed rule is within the definition contained in section 102(2)(a)(ii) of ing the requirement for certificate holders to receive approval from the State Administrative Procedure Act. OPWDD to change the powers or purposes set forth in any certificate of (16-W-0259SP3) incorporation or partnership agreement. The amendments will not result in costs, including staffing costs, or new compliance requirements for provid- PROPOSED RULE MAKING ers and consequently, the amendments will not have a substantial impact on jobs or employment opportunities in New York State. NO HEARING(S) SCHEDULED Con Edison’s Petition for the Smart Solutions for Natural Gas Public Service Commission DR Pilot Implementation Plan and Associated Budget I.D. No. PSC-21-18-00041-P

PROPOSED RULE MAKING PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: NO HEARING(S) SCHEDULED Proposed Action: The Commission is considering the Smart Solutions for Natural Gas Customers Gas Demand Response (DR) Pilot Implementa- Property Tax Expenses and Refunds of Over-Collections for Such tion Plan filed by Consolidated Edison Company of New York, Inc. (Con Expenses Edison) on April 26, 2018. I.D. No. PSC-21-18-00033-P Statutory authority: Public Service Law, sections 5, (2), 65 and 66 Subject: Con Edison’s petition for the Smart Solutions for Natural Gas PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- DR Pilot Implementation Plan and associated budget. cedure Act, NOTICE is hereby given of the following proposed rule: Purpose: To promote gas system reliability by encouraging gas demand reductions during peak gas demand days. Proposed Action: The Commission is considering the amount by which New York American Water, Inc. (NYAW) over-collected property tax ex- Substance of proposed rule: The Public Service Commission (Commis- penses from customers and the means of refunding such over-collections sion) is considering the Smart Solutions for Natural Gas Customers Gas to ratepayers. Demand Response (DR) Pilot Implementation Plan filed by Consolidated Edison Company of New York, Inc. (Con Edison) on April 26, 2018, Statutory authority: Public Service Law, sections 89-b and 89-c requesting approval for the Gas DR Pilot that aims to reduce net customer Subject: Property tax expenses and refunds of over-collections for such gas demand during a peak gas demand day during the coldest days of the expenses. year. The Gas DR Pilot consists of a performance-based Gas DR program Purpose: To ensure just and reasonable rates. primarily targeting Commercial & Industrial gas customers and multi- Substance of proposed rule: The Commission is considering the amount family buildings with centralized heating systems, as well as a Direct by which New York American Water, Inc. (NYAW) over-collected prop- Load Control Gas DR Pilot targeting residential gas customers. Con erty tax expenses from customers and the means of refunding such over- Edison is requesting funding of $5 million to administer the Gas DR Pilot collections to ratepayers. On April 30, 2018, Department of Public Service program over a three-year period, seeks flexibility to reallocate funds Staff (Staff) filed a report with the Commission consisting of its review of within the Gas DR Pilot as needed, and the ability to defer additional NYAW’s calculation of its over-payments of property tax expenses and re- incentive costs for recovery in the next gas rate filing if those incentive lated customer impact. The Report determined that the customer impact of costs are higher than estimated in the Implementation Plan. The Gas DR NYAW overpayment to taxing authorities totaled approximately $2.3 Pilot is one of the multi-solution proposals in Con Edison’s Smart Solu- million. The Report recommends a refund to customers which would aver- tions for Natural Gas Customers Program portfolio, which was filed in age $65.37 per customer. The Report also states that ratepayers could Case 17-G-0606 on September 29, 2017. The Smart Solutions for Natural expect a $2.4 million reduction in future yearly rates due to the correction Gas Customers Program is a multi-solution strategy to decrease gas usage of the property tax assessments. The Report recommends revised property and procure alternative resources so that Con Edison may meet its custom- tax targets and related surcharges in the current rate plan. The Report sup- ers’ demand for natural gas despite a forecasted growing shortfall of peak plies the Commission with three options for making ratepayers whole for gas day pipeline capacity. The full text of the filing and the full record of the property tax errors: First, provide all ratepayers a monthly sur-credit of the proceeding may be reviewed online at the Department of Public Ser- $4.57 for one year, using the variance during the previous rate plan with vice web page: www.dps.ny.gov. The Commission may adopt, reject, or interest to offset the deferrals related to the cancelled $26.95 surcharge, modify, in whole or in part, the action proposed, and may resolve other re- and leave the authorized but uncollected deferral amounts unchanged; lated matters. Second, subtract the deferrals on the Company’s book against the $2.3 Text of proposed rule and any required statements and analyses may be million ratepayers impact and sur-credit the balance to ratepayers of obtained by filing a Document Request Form (F-96) located on our $65.37 for one year; and Third, approve the net credits owed ratepayers website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John from NYAW’s prior rate plan in Case 11-W-0472, but leave all regulatory Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New assets resulted from previous rate plan on NYAW’s books, along with the York 12223-1350, (518) 486-2655, email: [email protected]

46 NYS Register/May 23, 2018 Rule Making Activities

Data, views or arguments may be submitted to: Kathleen H. Burgess, PROPOSED RULE MAKING Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New NO HEARING(S) SCHEDULED York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 60 days after publication of this Intent to Submeter Electricity at 98 Front Street, Brooklyn, New notice. York Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural I.D. No. PSC-21-18-00043-P 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 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: the State Administrative Procedure Act. (17-G-0606SP2) Proposed Action: The Commission is considering the notice of intent of 80 Adams Property Owner, LLC to submeter electricity at 98 Front Street, PROPOSED RULE MAKING Brooklyn, New York. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, NO HEARING(S) SCHEDULED 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Subject: Intent to submeter electricity at 98 Front Street, Brooklyn, New Establish New SC No. 7—High Density Loads Individual York. Negotiated Contract Purpose: To ensure adequate submetering equipment and consumer I.D. No. PSC-21-18-00042-P protections are in place. Substance of proposed rule: The Commission is considering the notice of intent filed by 80 Adams Property Owner, LLC (Owner) on May 3, 2018, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- to submeter electricity at 98 Front Street, Brooklyn, New York located in cedure Act, NOTICE is hereby given of the following proposed rule: the service territory of Consolidated Edison Company of New York, Inc. Proposed Action: The Commission is considering a proposal filed by the (Con Edison). By stating its intent to submeter electricity, 80 Adams Prop- City of Jamestown Board of Public Utilities (Jamestown), to P.S.C. No. erty Owner, LLC, has requested authorization to take electric service from Con Edison and then distribute and meter that electricity to tenants. 7—Electricity, to establish Service Classification (SC) No. 7—High Submetering of electricity to residential tenants is allowed so long as it Density Loads Individual Negotiated Contract. complies with the protections and requirements of the Commission’s Statutory authority: Public Service Law, sections 65 and 66 regulations at 16 NYCRR Part 96. The full text of the notice of intent and Subject: Establish new SC No. 7—High Density Loads Individual Negoti- the full record of the proceeding may be reviewed online at the Depart- ated Contract. ment of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may Purpose: To ensure that high density load customers receive cost-based resolve related matters. rates that do not provide an undue preference. Text of proposed rule and any required statements and analyses may be Substance of proposed rule: The Commission is considering a proposal obtained by filing a Document Request Form (F-96) located on our filed, on May 1, 2018, by the City of Jamestown Board of Public Utilities website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John (Jamestown), to amend its tariff to add P.S.C. No. 7—Electricity, to estab- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New lish Service Classification (SC) No. 7 — High Density Loads Individual York 12223-1350, (518) 486-2655, email: [email protected] Negotiated Contract. The new classification would apply to new and exist- Data, views or arguments may be submitted to: Kathleen H. Burgess, ing High Density Load (HDL) customers who do not qualify under exist- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New ing business development assistance programs as contemplated in Rider York 12223-1350, (518) 474-6530, email: [email protected] No. 5 of the Jamestown tariff. The proposed SC No. 7 will apply to HDL Public comment will be received until: 60 days after publication of this customers who have a maximum load greater than 300 kW and an annual notice. Energy Use Intensity greater than 250 kWh per operating space square Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural footage. In addition to a fixed monthly customer charge and a reactive Area Flexibility Analysis and Job Impact Statement power charge calculated per kW of measured demand, energy and demand Statements and analyses are not submitted with this notice because the charges will be specified in individually negotiated contracts with HDL proposed rule is within the definition contained in section 102(2)(a)(ii) of customers. Energy charges will be adjusted monthly by the incremental the State Administrative Procedure Act. purchased power costs incurred by the Jamestown for all HDL customers (18-E-0268SP1) served. Jamestown states that the addition of a new service classification is necessary to protect exiting municipal electric utility customers from PROPOSED RULE MAKING increased supply costs resulting from high density load customers. The NO HEARING(S) SCHEDULED proposed amendments have an effective date of September 1, 2018. The full text of the filing and the full record of the proceeding may be reviewed Electric Ratemaking Policy for Direct Current Fast Charging online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the ac- (DCFC) Facilities Used to Recharge Electric Vehicles tion proposed and may resolve related matters. I.D. No. PSC-21-18-00044-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 Proposed Action: The Commission is considering a petition filed the New York 12223-1350, (518) 486-2655, email: [email protected] York Power Authority, the DEC, the DOT, and the Thruway Authority Data, views or arguments may be submitted to: Kathleen H. Burgess, regarding electric rates for Direct Current Fast Charging (DCFC) facilities. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Statutory authority: Public Service Law, sections 5, 65 and 66 York 12223-1350, (518) 474-6530, email: [email protected] Subject: Electric ratemaking policy for Direct Current Fast Charging Public comment will be received until: 60 days after publication of this (DCFC) facilities used to recharge electric vehicles. notice. Purpose: To ensure just and reasonable rates in the context of charging Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural electric vehicles. Area Flexibility Analysis and Job Impact Statement Substance of proposed rule: The Commission is considering a proposal Statements and analyses are not submitted with this notice because the filed by the New York Power Authority, the New York State Department of Environmental Conservation, the New York State Department of proposed rule is within the definition contained in section 102(2)(a)(ii) of Transportation, and the New York State Thruway Authority (Petitioners), the State Administrative Procedure Act. on April 13, 2018, requesting the Commission direct utilities to shift all (18-E-0265SP1) customer accounts for publicly accessible Direct Current Fast Charging

47 Rule Making Activities NYS Register/May 23, 2018

(DCFC) equipment to a non-demand metered rate and to consider long- known locally as the Weehawken-Edgewater Reach, with a target burial term rate modifications that take into account the low load factors and depth of 15 feet below the river bottom. After crossing the Weehawken- sporadic usage of DCFC equipment. The Petitioners request that the Com- Edgewater Reach, the generator lead will proceed east into New York mission direct investor-owned utilities to modify their Service Classifica- State waters. The generator lead will turn to the south approximately op- tion 2 (SC-2) or Small General non-demand metered tariffs so that DCFC posite West 114th Street and run generally parallel to the Hudson River customers: 1) qualify for non-demand metered SC-2 classification; 2) are shoreline. The generator lead will then cross over the two 24-inch WGP- exempt from any kW or kWh limit that would jeopardize their entitlement Transco gas pipelines that run between West 76th Street in Manhattan and to take non-demand metered service; and 3) are provided a one-time op- Guttenberg, New Jersey, and will continue south to enter the 48-foot mean portunity to elect to take service under the applicable demand-metered low-water Federal Navigation Channel, which begins at about West 59th service classification. The Petitioners also request that the Commission commence a proceeding to establish principals to guide investor-owned Street in Manhattan. The generator lead will be brought ashore at what utilities in redesigning rates applicable to DCFC accounts and in the NBLG says is a “mostly undeveloped” area of the Hudson River Park development of broader Electric Vehicle implementation plans. Addition- Trust’s Clinton Cove Park, then proceed south underground within the ally, the Petitioners request the Commission direct Consolidated Edison bike path along Route 9A, cross 12th Avenue (also known as the West Company of New York, Inc. to expand its Business Incentive Rate Side Highway) at West 49th Street and continue into the substation. NBLG discounts eligibility to NYPA DCFC accounts served under the Small filed its Article VII amendment application and waiver motion on April 2, General non-demand-metered rate. The full text of the filing and the full 2018. NBLG specifically seeks waivers of 16 NYCRR 86.3(a)(1) and record of the proceeding may be reviewed online at the Department of (a)(2), 86.3(b)(1) and (b)(2), 86.6, 86.10 and 88.4(a)(4), relating to the fil- Public Service web page: www.dps.ny.gov. The Commission may adopt, ing of certain maps, aerial photographs, architectural drawings, total reject or modify, in whole or in part, the action proposed and may resolve capital cost estimates, and a System Reliability Impact Study. As to the related matters. maps showing the right-of-way of the proposed facilities, NBLG seeks to Text of proposed rule and any required statements and analyses may be use National Oceanic and Atmospheric Administration (NOAA) naviga- obtained by filing a Document Request Form (F-96) located on our tional charts for the submarine portion of the route instead of New York website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John State Department of Transportation (DOT) topographic maps.NBLG Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New proposes to use maps showing a one-mile area on either side of the York 12223-1350, (518) 486-2655, email: [email protected] proposed facility, rather than the five-mile area required by the regulations. Data, views or arguments may be submitted to: Kathleen H. Burgess, NBLG proposes that, with respect to depicting known archaeological, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New geologic, historical or scenic area, park or untouched wilderness, the radius York 12223-1350, (518) 474-6530, email: [email protected] be reduced from a three-mile corridor around the underground route to ap- Public comment will be received until: 60 days after publication of this proximately 1,000 feet on DOT topographic maps. In showing the rela- notice. tionship of the proposed facility to NBLG’s overall system, NBLG Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural proposes to use DOT maps at a scale of 1:24,000, rather than at a scale of Area Flexibility Analysis and Job Impact Statement 1:250,000. NBLG proposes the use of NOAA navigational charts of the Statements and analyses are not submitted with this notice because the submarine portion of the generator lead instead of aerial photographs of proposed rule is within the definition contained in section 102(2)(a)(ii) of the Hudson River, and it proposes to use aerial photographs of urban and the State Administrative Procedure Act. urbanizing fringe areas taken on September 9, 2016 as depicting actual (18-E-0138SP1) current conditions in lieu of aerial photographs taken within six months of the date NBLG filed its Article VII amendment application. NBLG PROPOSED RULE MAKING proposes to submit engineering drawings showing the design of the proj- NO HEARING(S) SCHEDULED ect, including cross section of the generator lead installation, rather than architectural drawings and descriptions showing a profile of the centerline Waiver of PSC Regulations, 16 NYCRR Sections 86.3(a)(1), (2), of the right-of-way at exaggerated vertical scale. NBLG proposes to provide an overall cost estimate for the project instead of a detailed (b)(1), (2), 86.6, 86.10 and 88.4(a)(4) estimate of the total capital costs of the proposed facilities. Finally, NBLG I.D. No. PSC-21-18-00045-P requests a waiver of the requirement to submit a System Reliability Impact Study with its application and proposes to submit such a study as soon as possible. The full text of the motion and the full record of the proceeding PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- may be reviewed online at the Department of Public Service web page: cedure Act, NOTICE is hereby given of the following proposed rule: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole Proposed Action: The Commission is considering a motion by North or in part, the action proposed and may resolve related matters. Bergen Liberty Generating, LLC for a waiver of certain provisions of 16 NYCRR with respect to an application to amend a Certificate of Environ- mental Compatibility and Public Need pursuant to PSL Article VII. Statutory authority: Public Service Law, sections 4, 5 and 122 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: Waiver of PSC regulations, 16 NYCRR Sections 86.3(a)(1), (2), (b)(1), (2), 86.6, 86.10 and 88.4(a)(4). 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 application to amend certificate issued under PSL York 12223-1350, (518) 486-2655, email: [email protected] Article VII contains sufficient information for review to proceed. Substance of proposed rule: The Public Service Commission is consider- ing a motion filed on April 2, 2018, by North Bergen Liberty Generating, LLC (NBLG), for a waiver or partial waiver of certain requirements for Data, views or arguments may be submitted to: Kathleen H. Burgess, the content of an application for an amendment of a Certificate of Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Environmental Compatibility and Public Need (Certificate) under Public York 12223-1350, (518) 474-6530, email: [email protected] Service Law Article VII. The Certificate, originally issued by the Com- mission on April 17, 2003 in Case 01-T-1474, and amended by the Com- mission on October 24, 2004, is currently held by Cross Hudson, LLC (Cross Hudson). NBLG, as Cross Hudson’s authorized agent, proposes to Public comment will be received until: 60 days after publication of this build an approximately 9.6-mile submarine and underground, double- notice. circuit, 345 kilovolt (kV) transmission generator lead and associated equipment extending from NBLG’s proposed generation facility in North Bergen, New Jersey to the Consolidated Edison Company of New York, Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Inc.’s substation at West 49th Street in Manhattan. Approximately 3.42 Area Flexibility Analysis and Job Impact Statement miles of the generator lead will run within New York waters and.40 miles will run underground in Manhattan. The generator lead will run under- Statements and analyses are not submitted with this notice because the ground from North Bergen to Edgewater, New Jersey, where it will enter proposed rule is within the definition contained in section 102(2)(a)(ii) of the Hudson River. Once in the Hudson River, the generator lead will the State Administrative Procedure Act. continue east crossing the 750-foot wide Federal Navigation Channel, (18-T-0210SP1)

48 NYS Register/May 23, 2018 Rule Making Activities

Department of Taxation and Motor Fuel Diesel Motor Fuel Sales Tax Composite Aggregate Sales Tax Composite Aggregate Finance Component Rate Rate Component Rate Rate (xci) July-September 2018 NOTICE OF ADOPTION 15.2 23.2 40.10 16.0 24.0 39.15 Text of proposed rule and any required statements and analyses may be Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. obtained from: Kathleen D. O’Connell, Tax Regulations Specialist, 13-A Carrier Tax Jointly Administered Therewith Department of Taxation and Finance, Office of Counsel, Building 9, W.A. Harriman Campus, Albany, NY 12227, (518) 530-4153, email: I.D. No. TAF-09-18-00007-A [email protected] Filing No. 411 Data, views or arguments may be submitted to: Same as above. Filing Date: 2018-05-04 Public comment will be received until: July 16, 2018. Effective Date: 2018-05-04 Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Statements and analyses are not submitted with this notice because the cedure Act, NOTICE is hereby given of the following action: proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. Action taken: Amendment of section 492.1(b)(1) of Title 20 NYCRR. Statutory authority: Tax Law, sections 171, subd. First, 301-h(c), 509(7), 523(b) and 528(a) Subject: Fuel use tax on motor fuel and diesel motor fuel and the art. 13-A Workers’ Compensation Board carrier tax jointly administered therewith. Purpose: To set the sales tax component and the composite rate per gallon for the period April 1, 2018 through June 30, 2018. PROPOSED RULE MAKING Text or summary was published in the February 28, 2018 issue of the Register, I.D. No. TAF-09-18-00007-P. NO HEARING(S) SCHEDULED Final rule as compared with last published rule: No changes. Workers’ Compensation Board - Legal Internship Program Text of rule and any required statements and analyses may be obtained from: Kathleen D. O’Connell, Tax Regulations Specialist, Department of I.D. No. WCB-21-18-00038-P Taxation and Finance, Office of Counsel, Building 9, W.A. Harriman Campus, Albany, NY 12227, (518) 530-4153, email: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- [email protected] cedure Act, NOTICE is hereby given of the following proposed rule: Assessment of Public Comment Proposed Action: Amendment of section 302-1.6 of Title 12 NYCRR. The agency received no public comment. Statutory authority: Workers’ Compensation Law, section 117(1) PROPOSED RULE MAKING Subject: Workers’ Compensation Board - Legal Internship Program. NO HEARING(S) SCHEDULED Purpose: To allow a more expansive group of law school and legal interns to represent parties of interest in Board proceedings. Fuel Use Tax on Motor Fuel and Diesel Motor Fuel and the Art. Text of proposed rule: § 302-1.6 Attorney admitted to practice in another state and law school graduates and senior law students permitted to 13-A Carrier Tax Jointly Administered Therewith practice in this State I.D. No. TAF-21-18-00031-P (a) An attorney duly admitted to practice in another state may be permit- ted to represent any party in interest before the board, on a particular mat- ter, upon proof submitted with his or her application that reciprocal privi- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- leges are accorded attorneys of this State. cedure Act, NOTICE is hereby given of the following proposed rule: (b) Law school graduates and senior law students permitted to practice Proposed Action: Amendment of section 492.1(b)(1) of Title 20 NYCRR. law pursuant to the Judiciary Law under a program of activities approved Statutory authority: Tax Law, sections 171, subd. First, 301-h(c), 509(7), by the appellate division of the supreme court of the department within 523(b) and 528(a) which such activities are taking place [Appellate Division as provided in Subject: Fuel use tax on motor fuel and diesel motor fuel and the art. 13-A such law], and the board, and designated as law interns or legal interns by carrier tax jointly administered therewith. a legal aid organization, including programs that provide assistance to persons who are financially unable to pay for legal services and are Purpose: To set the sales tax component and the composite rate per gallon eligible to qualify for free legal services in accordance with the standards for the period July 1, 2018 through September 30, 2018. and guidelines of the organization or program in which they are engaged, Text of proposed rule: Pursuant to the authority contained in subdivision and whose program of activities has been so approved, may represent any First of section 171, subdivision (c) of section 301-h, subdivision 7 of sec- party in interest before the board only in those type of matters that have tion 509, subdivision (b) of section 523, and subdivision (a) of section 528 been authorized by the Board and set forth in the approved program, upon of the Tax Law, the First Deputy Commissioner of Taxation and Finance, compliance with this subdivision. [Such legal aid organization] The party being duly authorized to act due to the vacancy in the office of the Com- that has received approval from the appellate division of the supreme court missioner of Taxation and Finance, hereby proposes to make and adopt the of the department within which such activities are taking place shall following amendments to the Fuel Use Tax Regulations, as published in submit to the board secretary a certified copy of the order of the Appellate Article 3 of Subchapter C of Chapter III of Title 20 of the Official Compila- Division granting approval of such program of activities together with a tion of Codes, Rules and Regulations of the State of New York. list of law school graduates or senior law students designated as law interns Section 1. Paragraph (1) of subdivision (b) of section 492.1 of such or legal interns by such legal aid organization. Such law interns may, under regulations is amended by adding a new subparagraph (xci) to read as the general supervision of an attorney, file forms, [and] make applications follows: as required, fully participate in informal adjudicatory proceedings, prepare and enter stipulations other than waiver agreements, [and] appear Motor Fuel Diesel Motor Fuel at hearings before Workers’ Compensation Law judges in noncontroverted Sales Tax Composite Aggregate Sales Tax Composite Aggregate claims or at such hearings, other than trial hearings, in controverted claims, and prepare and file applications for administrative review and full board Component Rate Rate Component Rate Rate review, and rebuttals, as necessary. Such law interns may, under the im- (xc) April-June 2018 mediate supervision of an attorney, appear before Workers’ Compensation 15.0 23.0 39.9 16.0 24.0 39.15 Law judges at trial hearings in controverted claims and at all hearings before board panels, and prepare and enter waiver agreements. “Immedi-

49 Rule Making Activities NYS Register/May 23, 2018 ate supervision” of a law intern shall mean that the supervising attorney The Board believes that such amendments are necessary to decrease the shall be personally present with the law intern throughout the hearing. An total number of unrepresented claimants appearing in Board proceedings, attorney supervising such law interns shall be admitted to practice law in particularly where no indemnity benefits are sought and the only issue is this State, shall have two years experience in this State or another state, entitlement to medical treatment. Upon review of current internal records, and shall be associated with the legal aid organization which has designated the Board finds that, in 2016, there were 247 unrepresented claimants with such law interns. Any such supervising attorney shall be the attorney of cases pending before the Board, in which the claimant did not seek record in each case, shall assume personal professional responsibility for indemnity benefits. This number is largely consistent with past years; in any work undertaken by a law intern, and shall supervise the preparation 2014 there were 229 such claimants and in 2015 there were 302. It is the of such work. A law intern may appear before the board, in accordance Board’s position that the legal assistance provided by a law school or legal with the foregoing supervision requirements, on behalf of any party in intern will help many of these unrepresented claimants navigate the work- interest where such party gives written consent to such appearance and ers’ compensation law and the adversarial hearing process. representation and provided further that the supervising attorney also gives 4. Costs written consent to such appearance. The written consents herein shall be The proposed rule will not impose costs on any party. The Board expects filed in the board case file, together with a retainer in the format prescribed that the costs to the agency will be negligible, however. The proposed by the chair of the board, including retainers limited to the pending issue. regulation will permit the Board to directly hire and supervise law school All [legal papers] formal filings in the case shall be endorsed by the and legal interns, who will represent parties of interest in Board supervising attorney as attorney of record, and may contain the name of proceedings. The Board expects to hire such legal interns by working with the law intern who participated in their preparation. Law interns may rep- area law schools to arrange a work-for-credit program. As such, no resent a party only when such party is not otherwise represented by an at- monetary compensation will be provided to the legal interns. torney or licensed representative and is eligible to qualify for [free] legal 5. Local Government Mandates services in accordance with the standards and guidelines of the organiza- The proposed regulation does not impose any program, service, duty, or tion or program in which the law intern is engaged. Such representation of responsibility upon any county, city, town, village, school district, fire claimants by law interns shall be without fee or any other remuneration, district, or other special district. except that a request to approve reimbursement for disbursements may be 6. Paperwork submitted to the board and if approved, such disbursement may be pay- The proposed regulation does not impose any reporting requirements. able per section twenty-four of this chapter, and no law intern or supervis- Claimants will be required to complete a form, consenting to be repre- ing attorney shall request or receive any fee or remuneration for such sented by a legal intern. The Board does not expect such paperwork to be representation. Failure to comply with this subdivision shall be a sufficient onerous, and it is necessary to ensure the claimant fully understands his or basis for denial or revocation of permission to engage in such representa- her rights. tion by law interns. 7. Duplication Text of proposed rule and any required statements and analyses may be 22 NYCRR 805.5(b) allows law students who have completed at least obtained from: Heather MacMaster, Workers’ Compensation Board, Of- two semesters of law school and law school graduates appointed as law fice of General Counsel, 328 State Street, Schenectady, NY 12305-2318, interns to engage in certain legal activities, including rendering legal ser- (518) 486-9564, email: [email protected] vices in contested proceedings before administrative agencies when under immediate supervision. 12 NYCRR 302-1.6(b) specifically permits law Data, views or arguments may be submitted to: Same as above. school and legal interns, as defined in 22 NYCRR 805.5(b), to “represent Public comment will be received until: 60 days after publication of this any party in interest before the [B]oard, on a particular matter[.]” However, notice. 12 NYCRR 302-1.6(b), as currently written, only allows those law school This rule was not under consideration at the time this agency submitted and legal interns who have been designated by a legal aid organization to its Regulatory Agenda for publication in the Register. represent parties of interest before the Board. The proposed rule therefore Regulatory Impact Statement does not duplicate any relevant rules or legal requirements, but only 1. Statutory Authority expands those who may qualify as law school and legal interns to repre- The Chair of the Workers’ Compensation Board (Board) is authorized sent claimants in Board proceeds. to amend 12 NYCRR 302-1.6. The Board’s authority is derived from 8. Alternatives Workers’Compensation Law (WCL) § 117(1), which authorizes the Chair No significant alternatives to the proposed regulation were considered. to adopt reasonable regulations consistent with and supplemental to the 9. Federal Standards provisions of the WCL and the Labor Law. There is no federal standard associated with or similar to the proposed 2. Legislative Objectives regulatory amendment. As such, the proposed rule does not exceed any WCL 117(1) authorizes the Chair to adopt reasonable regulations to minimum standards set forth by the federal government. supplement the WCL. The WCL was enacted for socio-economic remedia- 10. Compliance Schedule tion purposes to protect workers and their dependents from economic hard- The proposed rule does not impose obligations on any party. The ship in case of injury on the job (see Matter of Post v Burger & Gohlke, amendment would merely allow an expanded category of law student and 216 NY 544 [1916]; see also Matter of LaCroix v Syracuse Exec. Air Serv., legal interns throughout the State of New York and regardless of their as- Inc., 8 NY3d 348 [2007]). The proposed rule will allow law student and sociation with a legal aid organization to represent parties in Board legal interns through the state, regardless of their association with a legal proceedings. Accordingly, there is no compliance schedule. aid organization, to represent parties in Board proceedings upon approval Regulatory Flexibility Analysis of the appellate division in which the law school sits and the claimant’s 1. Effect of rule permission. The Board expects that these amendments will lessen the eco- The Board does not expect the proposed rule to have any impact on nomic hardship to claimants insofar as the amended regulation will allow small businesses or local governments within New York State. The current previously unrepresented claimants to retain adequate legal counsel. The regulation allows legal interns associated with a legal aid organization to Board anticipates that claims will be resolved faster with the assistance of represent parties before the Board. The proposed amendment would a legal intern, as opposed to when a party is unrepresented. As a result, the merely allow an expanded category of law student and legal interns Board expects that injured workers will receive the benefits they are due throughout the State of New York to represent parties in Board more expeditiously as a result of the proposed amendment. proceedings. Because the revised rule would only expand an existing rule 3. Needs and Benefits that has had no impact on small businesses or local governments, the Board The purpose of the proposed rule is to allow a more expansive group of does not predict that small businesses or local governments will have to law school and legal interns to represent parties of interest in Board bear any cost associated with the proposed rule. proceedings. Currently, the regulations only allow legal or law school 2. Compliance requirements interns, as defined in Third Department Appellate Division rules (22 Small businesses and local governments will not have to engage in any NYCRR 805.5[b]), to represent a party of interest before the Board if the reporting, recordkeeping or other affirmative acts as a result of the intern has been designated as a legal or law school intern by a legal aid proposed amendment to 12 NYCRR 302-1.6. organization. The proposed amended regulation would allow law school 3. Professional services and legal interns statewide to represent parties before the Board by allow- Small businesses and local governments will not need to obtain any ing the appellate division in which the intern’s activities are taking place professional services as a result of the proposed amendment to 12 NYCRR to permit law school graduates and senior law students to practice law, 302-1.6 insofar as the proposed rule does not impose any affirmative thereby expanding the appellate division departments which may autho- obligations on small businesses or local governments. rize law student interns. Additionally, the term “legal aid organization” is 4. Compliance costs defined to include any organization with a program that provides assis- The Board does not expect businesses or local governments to incur tance to persons who are financially unable to pay for legal services and any capital costs as a result of the proposed rule, as the proposed rule does are eligible to qualify for free legal services in accordance with that not impose any compliance requirements on businesses or local program’s guidelines. governments.

50 NYS Register/May 23, 2018 Rule Making Activities

5. Economic and technological feasibility 3. Regions of adverse impact The Board does not expect small businesses and local governments to The Board does not expect the proposed regulation to have a dispropor- bear economic or technological costs as a result of the amendments to tionate adverse impact on a particular region of New York. The proposed Board Rule 302-1.6. The proposed rule does not impose any affirmative regulatory amendment will allow law school students statewide to repre- obligations on small businesses or local governments. Further, the sent parties of interest in certain Board proceedings. proposed amendment would merely allow an expanded category of law 4. Minimizing adverse impact student and legal interns throughout the State of New York to represent The proposed regulation is not expected to have any adverse impact on parties in Board proceedings. Because the revised rule would only expand jobs. Because the proposed regulation would allow Board-supervised an existing rule that has had no impact on small businesses or local govern- interns to represent parties of interest in Board proceedings, one potential ments, the Board does not predict that small businesses or local govern- adverse impact would be on legal representatives or attorneys who would ments will now bear economic or technological costs as a result of the normally have represented the party if not for the legal intern. The Board proposed rule. will minimize any adverse impact on this population by referring cases to 6. Minimizing adverse impact a legal intern only if the claimant was unable to find legal representation The proposed rule will have no adverse economic impact on small busi- on their own. Additionally, prior to proposing the amended regulation, the nesses or local governments. The proposed amendment to 12 NYCRR Board consulted with members of the private bar to ensure that the regula- 302-1.6 will merely allow the Board to hire and supervise law school and tion would supplement, and not supplant, currently available legal legal interns to represent parties in Board proceedings. The Board expects representation. These stakeholders agreed that the proposed regulation to recruit legal interns from law schools for this purpose and, whenever would not negatively impact the private bar. feasible, to offer school credit in exchange for the students’ participation rather than monetary compensation. The proposed rule imposes no burdens, obligations, or costs on the business community or local governments. The approaches for minimizing adverse economic impact suggested in SAPA § 202-b(1) were considered, but not relevant given that the proposed regulation will not negatively impact small businesses or local governments. 7. Small business and local government participation The Board will duly consider all public comments made by small busi- ness and local government stakeholders in response to the proposed rulemaking. Rural Area Flexibility Analysis 1. Types and estimated numbers of rural areas The proposed regulation does not specifically apply to rural areas, nor are there anticipated impacts on rural areas. The proposed rule will allow legal interns from law schools statewide, some of which may be in rural areas, to represent parties in Board proceedings. The proposed rule does not impose any affirmative obligations or costs on localities, including ru- ral areas. 2. Reporting, recordkeeping and other compliance requirements; and professional services Rural areas are not obligated to engage in any reporting, recordkeeping, or other compliance requirements as a result of the proposed rule, nor are they expected to require professional services. The Board and law schools will maintain all records associated with an internship program stemming from the revised regulation. 3. Costs The Board does not anticipate that rural areas will bear any costs as- sociated with the proposed amendment to 12 NYCRR 302-1.6. Because the revised rule would only expand an existing rule that has had no impact on rural areas, the Board does not predict that rural areas will now have to bear costs associated with the proposed rule. 4. Minimizing adverse impact Board has reviewed the minimization approaches set forth in SAPA 202-bb(2) and finds them unnecessary to implement because the Board anticipates that the proposed regulation will not negatively affect rural areas. Indeed, the Board expects that the revised regulation will positively impact claimants in rural areas who have been unable to find an attorney, insofar as this proposal will likely make it easier for claimants to retain a law school intern and expeditiously resolve the dispute. 5. Rural area participation The Board will duly assess all comments received by representatives of rural areas during the public comment period. Job Impact Statement 1. Nature of impact The proposed amendment to Board Regulation 302-1.6 is not expected to have any adverse impact on jobs in New York State. Indeed, the Board anticipates that any impact on jobs in New York State will be positive. It is expected that by expanding the number of legal interns who may represent parties of interest before the Board, the proposed regulation will expedite the resolution of certain workers’ compensation disputes, allowing claim- ants to get the treatment they need and, when medically feasible, return to the workforce faster, which will increase employer satisfaction. Further, the proposed amendment will provide crucial, hands-on training to law students, which the Board expects will allow law school graduates to be more competitive job candidates. 2. Categories and numbers affected As set forth above, the Board anticipates that any impact on jobs in New York will be positive. The Board expects that law school students who have gained valuable practice representing parties in Board proceed- ings will be more competitive candidates in the legal market.

51 Rule Making Activities NYS Register/May 23, 2018

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time

Environmental Conservation, Department of ENV-12-18-00043-P ...... BEACH Act standards and reclassification Department of Environmental Conservation, rule 47-40 21st St., Long Island City, NY—June 7, 2018, 2:00 p.m. Department of Environmental Conservation, 6274 E. Avon-Lima Rd., Avon, NY—June 5, 2018, 2:00 p.m.

ENV-20-18-00006-P ...... CO2 emissions standards for major electric Department of Environmental Conservation, generating facilities 625 Broadway, Public Assembly Rm. 129 A/B, Albany, NY—July 16, 2018, 11:00 a.m. Department of Transportation, One Hunter’s Point Plaza, 47-40 21st St., Rm. 834, Long Island City, NY—July 18, 2018, 11:00 a.m. Department of Environmental Conservation, 6274 E. Avon-Lima Rd., (Rtes. 5 and 20), Conference Rm., Avon, NY—July 24, 2018, 11:00 a.m. ENV-20-18-00007-P ...... Repeal and replace 6 NYCRR Parts 243, 244 Department of Environmental Conservation, and 245 and amend 6 NYCRR Part 200 625 Broadway, Public Assembly Rm. 129 A/B, Albany, NY—July 16, 2018, 11:00 a.m. Department of Transportation, One Hunter’s Point Plaza, 47-40 21st St., Rm. 834, Long Island City, NY—July 18, 2018, 11:00 a.m. Department of Environmental Conservation, 6274 E. Avon-Lima Rd., (Rtes. 5 and 20), Conference Rm., Avon, NY—July 24, 2018, 11:00 a.m. Labor, Department of LAB-17-18-00005-P ...... Hours worked, 24-hour shifts Department of Labor, 55 Hanson Place, Brooklyn, NY—July 11, 2018, 11:00 a.m. Long Island Power Authority LPA-15-18-00011-P ...... The Authority’s discounts for low-income H. Lee Dennison Bldg., 100 Veterans Memo- customers rial Hwy., Hauppauge, NY—June 4, 2018, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—June 4, 2018, 2:00 p.m. LPA-15-18-00012-P ...... A new time-of-use pilot rate option for resi- H. Lee Dennison Bldg., 100 Veterans Memo- dential customers rial Hwy., Hauppauge, NY—June 4, 2018, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—June 4, 2018, 2:00 p.m. LPA-15-18-00013-P ...... Outdoor area lighting H. Lee Dennison Bldg., 100 Veterans Memo- rial Hwy., Hauppauge, NY—June 4, 2018, 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—June 4, 2018, 2:00 p.m. Public Service Commission PSC-20-18-00008-P ...... Proposed major rate increase in O&R’s gas Department of Public Service, Agency Bldg. delivery revenues of approximately $4.5 mil- Three, 3rd Fl. Hearing Rm., Albany, NY—July lion (or 1.5% in total revenues) 16, 2018, 10:00 a.m. and continuing daily as needed (Evidentiary Hearing)*

52 NYS Register/May 23, 2018 Rule Making Activities

*On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be avail- able at the DPS website (www.dps.ny.gov) under Case 18-G-0068. PSC-20-18-00009-P ...... Proposed major rate increase in O&R’s Department of Public Service, Agency Bldg. electric delivery revenues of approximately Three, 3rd Fl. Hearing Rm., Albany, NY—July $20.3 million (or 2.3% in total revenues) 16, 2018, 10:00 a.m. and continuing daily as needed (Evidentiary Hearing)* *On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be avail- able at the DPS website (www.dps.ny.gov) under Case 18-E-0067. State, Department of DOS-20-18-00001-EP ...... Miminum standards for administration and Department of State, 99 Washington Ave., Rm. enforcement of the Uniform Code and Energy 505, Albany, NY—July 17, 2018, 10:00 a.m. Code DOS-20-18-00002-EP ...... Suspension and revocation of certifications of Department of State, 99 Washington Ave., Rm. code enforcement personnel 505, Albany, NY—July 24, 2018, 10:00 a.m.

53

NYS Register/May 23, 2018 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

AGRICULTURE AND MARKETS, DEPARTMENT OF

AAM-13-18-00013-P ...... 03/28/19 National Institute of Standards and To incorporate NIST Handbook 44 (2018 Technology (‘‘NIST’’) Handbook 44 edition)

AAM-18-18-00003-P ...... 05/02/19 Repeal of Part 141 of 1 NYCRR (Control of Repealing the regulation since quarantines in the Emerald Ash Borer) the rule have not stopped the spread of this insect in New York State

AAM-18-18-00004-P ...... 05/02/19 Milk dealer reports To exempt milk dealers operating plants that receive 600,000 lbs. or less of milk, yearly, from having to file plant reports

AAM-21-18-00032-P ...... 05/23/19 Incorporate by reference in 1 NYCRR the To incorporate by reference in 1 NYCRR the 2018 edition of National Institute of Standards 2018 edition of NIST Handbook 133 and Technology (‘‘NIST’’) Handbook 133

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

ASA-12-18-00001-P ...... 03/21/19 Problem Gambling Treatment and Recovery Repeals existing gambling regulation; replaces Services with substantially updated provisions

ASA-13-18-00001-P ...... 03/28/19 Authorization for physicians to use controlled Repeals obsolete regulation substances for treatment of chemical dependence

ASA-21-18-00025-P ...... 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.

AUDIT AND CONTROL, DEPARTMENT OF

AAC-06-18-00002-P ...... 02/07/19 Update provisions relating to Employer To update language necessitated by the Reporting; Service Credit Determination for modernization and redesign of the retirement certain members; and Notice of Hearings system’s benefit administration system

AAC-21-18-00037-P ...... 05/23/19 Adjustments to merchandise/invoice receipt To correct internal regulatory inconsistencies dates relating to adjustments to merchandise/invoice receipt dates

55 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-51-17-00017-ERP ...... 12/20/18 Specialized secure detention facilities To establish specialized secure detention facilities

CFS-13-18-00011-P ...... 03/28/19 Expansion of definition of prospective relative To expand definition of prospective relative guardian and expansion of KinGAP eligibility guardian and KinGAP eligibility

CFS-14-18-00003-EP ...... 04/04/19 Group size and supervision ratios in legally- To establish group size and supervision ratios exempt child care settings & legally-exempt in legally-exempt child care settings & financial group child care financial incentives incentives

CFS-15-18-00007-EP ...... 04/11/19 Specialized secure detention facilities To establish specialized secure detention facilities

CIVIL SERVICE, DEPARTMENT OF

*CVS-18-17-00008-P ...... 05/03/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-30-17-00006-P ...... 07/26/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-30-17-00007-P ...... 07/26/18 Jurisdictional Classification To classify positions in the exempt class

CVS-30-17-00008-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00009-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00010-P ...... 07/26/18 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-30-17-00011-P ...... 07/26/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-30-17-00012-P ...... 07/26/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-30-17-00013-P ...... 07/26/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-30-17-00014-P ...... 07/26/18 Jurisdictional Classification To classify a position in the non-competitive class.

CVS-30-17-00015-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00016-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00017-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00018-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00019-P ...... 07/26/18 Jurisdictional Classification To classify a position in the exempt class

CVS-30-17-00020-P ...... 07/26/18 Jurisdictional Classification To delete positions from and classify positions in the exempt class and to delete positions from the non-competitive class.

CVS-30-17-00021-P ...... 07/26/18 Jurisdictional Classification To add a subheading and to classify positions in the non-competitive class

56 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-30-17-00022-P ...... 07/26/18 Jurisdictional Classification To classify positions in the exempt class

CVS-30-17-00023-P ...... 07/26/18 Jurisdictional Classification To classify positions in the exempt and non- competitive classes

CVS-33-17-00002-P ...... 08/16/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-33-17-00003-P ...... 08/16/18 Jurisdictional Classification To classify a position in the exempt class

CVS-33-17-00004-P ...... 08/16/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-33-17-00005-P ...... 08/16/18 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-33-17-00006-P ...... 08/16/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-33-17-00007-P ...... 08/16/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-33-17-00008-P ...... 08/16/18 Jurisdictional Classification To classify positions in the exempt and non- competitive classes

CVS-47-17-00001-P ...... 11/22/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-47-17-00002-P ...... 11/22/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-47-17-00003-P ...... 11/22/18 Jurisdictional Classification To delete positions from and classify a position in the exempt class

CVS-47-17-00004-P ...... 11/22/18 Jurisdictional Classification To classify a position in the exempt class

CVS-47-17-00005-P ...... 11/22/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-47-17-00006-P ...... 11/22/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-47-17-00007-P ...... 11/22/18 Jurisdictional Classification To classify positions in the exempt class.

CVS-47-17-00008-P ...... 11/22/18 Jurisdictional Classification To classify a position in the exempt class

CVS-50-17-00001-P ...... 12/13/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-50-17-00002-P ...... 12/13/18 Jurisdictional Classification To classify a position in the exempt class

CVS-50-17-00003-P ...... 12/13/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-50-17-00004-P ...... 12/13/18 Jurisdictional Classification To classify positions in the exempt class

CVS-50-17-00005-P ...... 12/13/18 Jurisdictional Classification To classify a position in the non-competitive class

57 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-50-17-00006-P ...... 12/13/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-50-17-00007-P ...... 12/13/18 Jurisdictional Classification To classify a position in the exempt class

CVS-50-17-00008-P ...... 12/13/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-50-17-00009-P ...... 12/13/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-50-17-00010-P ...... 12/13/18 Jurisdictional Classification To delete positions from and classify a position in the non-competitive class

CVS-50-17-00011-P ...... 12/13/18 Jurisdictional Classification To classify positions in the exempt class

CVS-50-17-00012-P ...... 12/13/18 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-50-17-00013-P ...... 12/13/18 Jurisdictional Classification To classify a position in the non-competitive class

CVS-50-17-00014-P ...... 12/13/18 Jurisdictional Classification To classify positions in the non-competitive class

CVS-12-18-00010-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00011-P ...... 03/21/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-18-00012-P ...... 03/21/19 Jurisdictional Classification To classify a subheading and a position in the non-competitive class

CVS-12-18-00013-P ...... 03/21/19 Jurisdictional Classification To classify positions in the exempt class

CVS-12-18-00014-P ...... 03/21/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-18-00015-P ...... 03/21/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-18-00016-P ...... 03/21/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-18-00017-P ...... 03/21/19 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-12-18-00018-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00019-P ...... 03/21/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-18-00020-P ...... 03/21/19 Jurisdictional Classification To delete subheading & positions from; to add heading, subheading & positions in exempt and non-competitive classes

CVS-12-18-00021-P ...... 03/21/19 Jurisdictional Classification To classify positions in the non-competitive class

58 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-12-18-00022-P ...... 03/21/19 Jurisdictional Classification To delete positions in the exempt class and the non-competitive class

CVS-12-18-00023-P ...... 03/21/19 Jurisdictional Classification To delete positions in the non-competitive class

CVS-12-18-00024-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class and to delete a position from the non-competitive class

CVS-12-18-00025-P ...... 03/21/19 Jurisdictional Classification To classify positions in the exempt class

CVS-12-18-00026-P ...... 03/21/19 Jurisdictional Classification To classify positions in the exempt class

CVS-12-18-00027-P ...... 03/21/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-18-00028-P ...... 03/21/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-18-00029-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00030-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00031-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00032-P ...... 03/21/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-12-18-00033-P ...... 03/21/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-12-18-00034-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00035-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00036-P ...... 03/21/19 Jurisdictional Classification To delete a position from and classify a position in the non-competitive class

CVS-12-18-00037-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00038-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class

CVS-12-18-00039-P ...... 03/21/19 Jurisdictional Classification To classify a position in the exempt class and to delete a position from the non-competitive class

CVS-12-18-00040-P ...... 03/21/19 Jurisdictional Classification To classify positions in the exempt class

CVS-12-18-00041-P ...... 03/21/19 Jurisdictional Classification To delete a position from and classify a position in the exempt class

CVS-12-18-00042-P ...... 03/21/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-13-18-00002-P ...... 03/28/19 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-13-18-00003-P ...... 03/28/19 Jurisdictional Classification To classify positions in the exempt class

59 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-13-18-00004-P ...... 03/28/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-13-18-00005-P ...... 03/28/19 Jurisdictional Classification To classify positions in the exempt class

CVS-13-18-00006-P ...... 03/28/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-13-18-00007-P ...... 03/28/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-13-18-00008-P ...... 03/28/19 Jurisdictional Classification To classify positions in the exempt class

CVS-13-18-00009-P ...... 03/28/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-15-18-00001-P ...... 04/11/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-15-18-00002-P ...... 04/11/19 Jurisdictional Classification To classify a position in the exempt class

CVS-15-18-00003-P ...... 04/11/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-15-18-00004-P ...... 04/11/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-15-18-00005-P ...... 04/11/19 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-15-18-00006-P ...... 04/11/19 Jurisdictional Classification To delete a position from and classify positions in the non-competitive class

CVS-21-18-00001-P ...... 05/23/19 Jurisdictional Classification To classify positions in the exempt class

CVS-21-18-00002-P ...... 05/23/19 Jurisdictional Classification To delete a position from and classify positions in the non-competitive class.

CVS-21-18-00003-P ...... 05/23/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-21-18-00004-P ...... 05/23/19 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-21-18-00005-P ...... 05/23/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-21-18-00006-P ...... 05/23/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-21-18-00007-P ...... 05/23/19 Jurisdictional Classification To delete positions from the exempt class

CVS-21-18-00008-P ...... 05/23/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-21-18-00009-P ...... 05/23/19 Jurisdictional Classification To classify a position in the non-competitive class

60 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-21-18-00010-P ...... 05/23/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-21-18-00011-P ...... 05/23/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-21-18-00012-P ...... 05/23/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-21-18-00013-P ...... 05/23/19 Jurisdictional Classification To delete positions from and classify positions in the non-competitive class

CVS-21-18-00014-P ...... 05/23/19 Jurisdictional Classification To delete positions from and classify positions in the exempt and non-competitive classes

CVS-21-18-00015-P ...... 05/23/19 Jurisdictional Classification To classify a position in the non-competitive class

CVS-21-18-00016-P ...... 05/23/19 Jurisdictional Classification To classify positions in the non-competitive class

CVS-21-18-00017-P ...... 05/23/19 Jurisdictional Classification To classify positions in the exempt class

CVS-21-18-00018-P ...... 05/23/19 Jurisdictional Classification To delete positions from the exempt class

CVS-21-18-00019-P ...... 05/23/19 Jurisdictional Classification To classify positions in the exempt class and to delete positions from the non-competitive class

CVS-21-18-00020-P ...... 05/23/19 Jurisdictional Classification To delete a position from and classify positions in the non-competitive class

CVS-21-18-00021-P ...... 05/23/19 Jurisdictional Classification To classify positions in the non-competitive class

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-21-18-00023-P ...... 05/23/19 Jurisdictional Classification To classify a position in the exempt class

CVS-21-18-00024-P ...... 05/23/19 Jurisdictional Classification To classify a position in the non-competitive class

COMMISSIONER OF PILOTS, BOARD OF

COP-18-18-00002-P ...... exempt Pilotage fees for the Long Island Sound and To assess fees for pilotage on the Long Island Block Island Sound Sound and Block Island Sound

CORRECTION, STATE COMMISSION OF

CMC-44-17-00003-P ...... 11/01/18 Inmate confinement and deprivation Require local correctional facilities to record, review and report inmate cell confinement and essential service deprivation

CMC-44-17-00012-P ...... 11/01/18 Inmate confinement and deprivation Require local correctional facilities to record, review and report inmate cell confinement and essential service deprivation

61 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

ECONOMIC DEVELOPMENT, DEPARTMENT OF

EDV-08-18-00002-P ...... 02/21/19 Excelsior Jobs Program To update provisions of Excelsior Jobs Program to conform to statute

EDUCATION DEPARTMENT

EDU-27-17-00006-P ...... 07/05/18 Interstate Compact for Educational To implement Ch. 328 of the Laws of 2014 and Opportunity for Military Children and Physical to provide flexibility in the physical education Education Requirements for a Diploma. diploma requirements.

EDU-52-17-00011-RP ...... 12/27/18 Grade-level extensions for certain candidates To expand the pool of qualified teachers of who hold a Students with Disabilities students with disabilities by establishing grade Generalist certificate level extensions for certificates

EDU-52-17-00012-ERP ...... 12/27/18 Superintendent determination for certain To expand the safety net options for students students with disabilities to graduate with a with disabilities to graduate with local diplomas local diploma when certain conditions are met

EDU-03-18-00001-ERP ...... 01/17/19 180 Day Requirement for State Aid purposes To clarify the requirement for 180 days of instruction for State aid purposes

EDU-13-18-00027-P ...... 03/28/19 Teacher Certification in Health Education Creation of a Transitional K Certificate for Certain New York State Licensed Health Professionals to Teach Health Education

EDU-13-18-00028-EP ...... 03/28/19 Laboratory Experiences Required to Take a To provide flexibility in meeting the science Science Regents Examination for Students in laboratory requirements for certain students Certain State Agency Educational Programs

EDU-17-18-00006-P ...... 04/25/19 To allow individual evaluation for certain To help address the reported teacher shortage certificate titles in the classroom teaching in NYS service

EDU-17-18-00007-P ...... 04/25/19 Operation of Licensed Private Career Schools To make technical amendment to Part 126 to implement the law and to conform to current practice

EDU-17-18-00008-P ...... 04/25/19 Teacher certification requirements for To create limited extensions for teacher holding teachers who hold SWD generalist (7-12) a students with disabilities generalist certificate certificate and teach in a special class who teach a special class in grades 7-12

EDU-17-18-00016-P ...... 04/25/19 Registration standards for libraries and To clarify terminology relating to registration preservation of library research materials standards for libraries and to implement Ed. Law § 273 (7)

EDU-19-18-00006-P ...... 05/09/19 The implementation of New York’s approved To implement New York’s approved ESSA plan ESSA plan to comply with the provisions of and to comply with the provisions of the Every the Every Student Succeeds Act Student Succeeds Act

EDU-21-18-00039-EP ...... 05/23/19 Reports of Incidents of Harassment, Bullying To provide illustrative examples to the field to and/or Discrimination Pursuant to the Dignity aid in the continued implementation of DASA for All Students Act (DASA)

EDU-21-18-00040-P ...... 05/23/19 Allow Individuals Completing a Program Allow individuals completing a program Accredited by the American Speech, accredited by ASHA to obtain an initial Language, and Hearing Association (ASHA) certificate in speech language disabilities to Obtain an

EDU-21-18-00048-P ...... 05/23/19 Voluntary Institutional Accreditation for Title IV To establish a fee structure for institutional Purposes accreditation by the Board of Regents and Commissioner of Education.

62 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

ELECTIONS, STATE BOARD OF

SBE-15-18-00010-EP ...... 04/11/19 Establishing a process for the state board to To allow voters to easily find a candidate’s publish the campaign website addresses of campaign website and obtain more information certain candidates on its website about candidates for public office

SBE-18-18-00007-P ...... 05/02/19 Standardizes subpoena requests and requires Provides procedures related to the SBOE’s reporting of enforcement activity subpoena authority and requires reporting of the SBOE’s enforcement activity

SBE-21-18-00047-P ...... 05/23/19 Implementation of the Democracy Protection The rule effectuates the amendments to Article Act 14 of the Election Law resulting from Chapter 59 of the Laws of 2018.

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

*ENV-06-17-00001-RP ...... 06/29/18 Amendments to 6 NYCRR Part 617 (which The purpose of the rule making is to streamline implement the State Environmental Quality the SEQR process without sacrificing Review Act [Article 8 of the ECL]) meaningful environmental review

ENV-22-17-00001-EP ...... 05/31/18 Regulations governing the recreational To revise regulations concerning the harvest of summer flounder recreational harvest of summer flounder in New York State

ENV-12-18-00043-P ...... 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-13-18-00025-P ...... 03/28/19 Peekamoose Valley Riparian Corridor To establish a permit system to protect public safety and natural resources on the Peekamoose Valley Riparian Corridor

ENV-16-18-00003-EP ...... 04/18/19 Regulations governing the recreational and To revise regulations concerning the commercial fishing of Tautog (blackfish) recreational and commercial harvest of Tautog in New York State

ENV-16-18-00004-EP ...... 04/18/19 Regulations governing the recreational fishing To revise regulations concerning the of scup and summer flounder (fluke) recreational harvest of scup and summer flounder in New York State

ENV-17-18-00004-P ...... 04/25/19 Control of the Emerald Ash Borer To repeal existing restrictions on the movement of ash wood, logs, firewood, nursery stock and wood chips

ENV-20-18-00003-EP ...... 05/16/19 Regulations governing the harvest of lobster To repeal the most restrictive rule as it applies to closed seasons for lobster harvest

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-20-18-00007-P ...... 07/24/19 Repeal and replace 6 NYCRR Parts 243, 244 Parts 243, 244 and 245 set forth the process and 245 and amend 6 NYCRR Part 200 the Department will use to allocate allowances under EPA’s CSAPR Trading Programs

ENV-21-18-00028-P ...... 05/23/19 Sanitary Condition of Shellfish Lands To reclassify underwater shellfish lands to protect public health

ENV-21-18-00029-P ...... 05/23/19 Northern Catskill Riparian Areas To ensure public safety and protect natural resources on the Northern Catskill Riparian Areas

63 Action Pending Index NYS Register/May 23, 2018 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-18-17-00020-ERP ...... 08/01/18 Establishment And Operation Of Market To allow for the implementation of a market Stabilization Mechanisms For Certain Health stabilization pool for the small group health Insurance Markets insurance market

DFS-25-17-00002-EP ...... 06/21/18 Minimum standards for form, content and sale To ensure coverage for essential health of health insurance, including standards of full benefits in all individual, small group, and and fair disclosure student accident and health policies

DFS-39-17-00002-P ...... 09/27/18 Minimum Standards for Form, Content and Provide a formulary exception process for Sale of Health Insurance, Including Standards medication for the detoxification or of Full and Fair Disclosure maintenance treatment of a substance use disorder

DFS-40-17-00003-P ...... 10/04/18 Registration Requirements and Prohibited To address deficient practices of consumer Practices for Credit Reporting Agencies credit reporting agencies and protect user of and the market for financial services

DFS-52-17-00020-RP ...... 12/27/18 Suitability in Life Insurance and Annuity Establish suitability standards for life insurance Transactions and clarify that a transaction must be in the best interest of the consumer.

GAMING COMMISSION, NEW YORK STATE

SGC-09-18-00005-P ...... 02/28/19 The licensing and registration of gaming To govern the licensing and registration of facility employees and vendors gaming facility employees and vendors

SGC-17-18-00002-P ...... 04/25/19 Regulation of courier services that purchase To license courier services to facilitate the sale and claim certain Lottery tickets and prizes as of Lottery tickets to generate more revenue for agents for customers education

SGC-19-18-00004-P ...... 05/09/19 Prohibited practices and doping agents, To enable the Commission to maintain the veterinary relationship for prescribing drugs in integrity of pari-mutuel racing Thoroughbred horse racing

SGC-20-18-00005-P ...... 05/16/19 Electronic transfer of funds to the Gaming To allow charitable gaming organizations to pay Commission from special bell jar accounts their license fees to the Gaming Commission via electronic transfer

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-28-17-00009-P ...... 08/17/18 Early Intervention Program To conform existing program regulations to federal regulations and state statute

HLT-43-17-00001-EP ...... 10/25/18 Medical Use of Marihuana To allow certain defined facilities to become a designated caregiver for a certified patient in NYS’s Medical Marihuana Program

HLT-49-17-00002-P ...... 12/06/18 Food and Beverages in Funeral To lift the ban of the consumption of food and Establishments beverages in funeral establishments

HLT-02-18-00002-P ...... 01/10/19 Hospital Policies and Procedures for To require hospitals to establish policies & Individuals with Substance Use Disorders procedures to identify, assess & refer individuals with substance use disorders

64 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF

HLT-04-18-00010-P ...... 01/24/19 Emergency Medical Services (EMS) Initial To reduce the EMS certification eligibility Certification Eligibility Requirements minimum age from 18 to 17 years of age

HLT-07-18-00002-P ...... 02/14/19 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-07-18-00014-P ...... 02/14/19 Rate Rationalization – Intermediate Care Amend rate methodology eff. 7/1/16 and Facilities for Persons with Developmental include addition of an occupancy adjust. & Disabilities revision to 4/1/15 2% compensation calculation

HLT-09-18-00006-P ...... 02/28/19 Managed Care Organizations To maintain the contingent reserve requirement applied to the Medicaid Managed Care, HIV SNP and HARP programs

HIGHER EDUCATION SERVICES CORPORATION

ESC-12-18-00005-P ...... 03/21/19 Income used to determine financial aid To conform the regulations to a recently awards enacted statutory provision

JOINT COMMISSION ON PUBLIC ETHICS, NEW YORK STATE

JPE-42-17-00003-ERP ...... 10/18/18 Financial disclosure statements To add a right of appeal to provisions governing exemptions related to filing a financial disclosure statement

JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS

JCP-09-18-00014-P ...... 02/28/19 Criminal History Information Checks To clarify language in the rule and make technical corrections

JCP-21-18-00030-P ...... 05/23/19 Protocols for interviewing service recipients To ensure interviews of service recipients during investigations are conducted in a safe and sensitive manner

LABOR, DEPARTMENT OF

LAB-47-17-00011-P ...... 11/22/18 Employee Scheduling (Call-In Pay) To strengthen existing call-in pay protections involving employee scheduling

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-13-18-00010-P ...... 03/28/19 Change of office address (Lower Manhattan To update new address of the Lower location) Manhattan location

LIQUOR AUTHORITY, STATE

LQR-07-18-00011-P ...... 04/18/19 Municipal notification requirements for To establish municipal notification for Temporary Beer and Wine Permit as well as Temporary Beer and Wine Permit as well as Catering Permit applications for large events Catering Permit applications for large events

65 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

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-15-18-00011-P ...... exempt The Authority’s discounts for low-income To improve the Authority’s discounts for low- customers income customers

LPA-15-18-00012-P ...... exempt A new time-of-use pilot rate option for To update the Authority’s Tariff to offer a new residential customers pilot residential time-of-use rate option

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

MENTAL HEALTH, OFFICE OF

OMH-31-17-00001-RP ...... 08/02/18 Early and Periodic Screening, Diagnostic and To promote the expansion of behavioral health Treatment Services for Children services for children and youth under 21 years of age

OMH-09-18-00004-P ...... 02/28/19 Procedure for Treatment and Hospitalization To conform implementing regulations with a of Certain Mentally Ill Prisoners in Jail change in the authorizing statute

MOTOR VEHICLES, DEPARTMENT OF

MTV-26-17-00003-EP ...... 06/28/18 Insurance requirements for TNC vehicles Technical amendment regarding insurance requirements for TNC vehicles

MTV-19-18-00001-P ...... 05/09/19 Colored Lights; amber lights To conform the regulation to the statute

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-01-18-00004-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-23-17-00016-P ...... 06/07/18 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 signing authority level

66 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-51-17-00006-EP ...... 12/20/18 Site Based and Community Based To clarify site-based and community-based Prevocational Services services and clarify reimbursement requirements

PDD-07-18-00001-EP ...... 02/14/19 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

PDD-14-18-00002-P ...... 04/04/19 Telephone Service To require providers to have and maintain active telephone service at all times

PDD-17-18-00001-EP ...... 04/25/19 Care Coordination Organizations To allow individuals to be enrolled in a CCO when individuals are unable to enroll themselves

PDD-21-18-00046-P ...... 05/23/19 Certificate of Incorporation Remove a requirement for certificate holders that is no longer required under Mental Hygiene Law 16.07.

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

67 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-31-04-00023-P ...... exempt Distributed generation service by 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

68 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

69 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

70 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

71 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

72 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

73 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

74 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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

75 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

76 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

77 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

78 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

79 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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

80 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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.

81 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

*PSC-32-13-00012-P ...... exempt To consider whether NYSEG should be To consider whether NYSEG should be required 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.

*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.

82 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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

83 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

*PSC-26-14-00013-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

84 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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.

85 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

86 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

*PSC-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.

87 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

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

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

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

*PSC-14-16-00008-P ...... exempt Resetting retail markets for ESCO mass To ensure consumer protections with respect to market customers. residential and small non-residential ESCO customers.

*PSC-15-16-00012-P ...... exempt Adequate service of Verizon New York, Inc. To consider the adequacy of Verizon New York Inc.’s service quality

*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.

88 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-25-16-00024-P ...... exempt Pole Attachment Rules. To determine that the Commission’s existing pole attachment rules apply to wireless providers.

*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.

*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.

89 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-49-16-00005-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

*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-07-17-00019-P ...... exempt Deferral and recovery of incremental costs To consider deferring costs related to water main leak repairs for subsequent recovery

*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.

*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.

90 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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-22-17-00007-P ...... exempt Certain Commission requirements related to To consider a change to certain Commission blockable central office codes requirements related to blockable central office codes

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-24-17-00014-P ...... exempt An alternative methodology for calculating To consider an alternative methodology for billing adjustments. calculating billing adjustments.

PSC-25-17-00005-P ...... exempt Minor rate filing To consider an increase in annual revenues by $154,329 or 116%

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-29-17-00006-P ...... exempt Petition to submeter gas. To consider the petition of LaGuardia Gateway Partners, to submeter gas at LaGuardia Airport Central Terminal B, Flushing, NY.

PSC-31-17-00010-P ...... exempt Notice of intent to submeter electricity To consider the notice of intent of 11737 Owners Corp. to submeter electricity at 117 East 37th Street, New York, New York

PSC-32-17-00007-P ...... exempt Petition to amend bill estimation procedures To consider the petition of Orange and for AMI. Rockland to amend its current bill estimation procedures for AMI.

PSC-33-17-00013-P ...... exempt The obligation of electric utilities to pay for the To consider if National Grid should change its extension of electric service to residential practices and compensate the petitioners for developments. past charges.

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-34-17-00017-P ...... exempt Use of the Honeywell Mercury EC350 To consider the use of the Honeywell Mercury volumetric corrector in gas metering EC350 volumetric corrector in gas metering applications applications

PSC-36-17-00012-P ...... exempt Petition to amend bill estimation procedures To consider the petition of Con Edison to for AMI. amend its current bill estimation procedures for AMI.

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.

91 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-37-17-00009-P ...... exempt Fishers Island Water Works Corporation’s To consider an increase in Fishers Island rates for the provision of water. Water Works Corporation’s annual water revenues by approximately $296,031 or 44.5%.

PSC-39-17-00008-P ...... exempt Petition to submeter electricity and waiver To consider the petition to submeter electricity request. and waiver request of 16 NYCRR § 96.5(k)(3).

PSC-39-17-00009-P ...... exempt Whether a proposed agreement for the To consider the terms of a service agreement provision of water service by Saratoga Water and waiver. Services, Inc. is in the public interest.

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-41-17-00006-P ...... exempt Major electric rate filing. To consider an increase in CHG&E’s electric delivery revenues by approximately $43 million (or 7.9% in total revenues).

PSC-41-17-00007-P ...... exempt Major gas rate filing. To consider an increase in CHG&E’s gas delivery revenues by approximately $18.1 million (or 12.3% in total revenues).

PSC-42-17-00005-P ...... exempt Complaint for review of rates charged for To consider the complaint filed on January 3, water service to commercial and residential 2017 by Bristol customers. customers of water works corporation.

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-45-17-00008-P ...... exempt Major water rate filing. To consider an increase in SUEZ O-N’s annual revenue requirement by approximately $600,000, or 33.4%.

PSC-46-17-00006-P ...... exempt To consider further proposed amendments to To modify grandfathering criteria the original criteria to grandfathering established in the Transition Plan

PSC-46-17-00009-P ...... exempt Requirements pertaining to inspections and To clarify prior requirements and establish new reporting on plastic fusions installed in gas requirements for plastic fusion qualifications company service territories and inspections

PSC-46-17-00010-P ...... exempt Compliance with plastic fusion requirements To consider requiring NFG to comply with current and new plastic fusion requirements and report compliance failures

PSC-46-17-00012-P ...... exempt To consider further proposed amendments to To modify grandfathering criteria the original criteria to grandfathering established in the Transition Plan

PSC-46-17-00013-P ...... exempt Annual Reconciliation of Gas Expenses and To consider filings of LDCs and municipalities Gas Cost Recoveries regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries

PSC-46-17-00014-P ...... exempt To consider further proposed amendments to To modify grandfathering criteria the original criteria to grandfathering established in the Transition Plan

92 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-47-17-00010-P ...... exempt Con Edison’s petition for approval of the To consider Con Edison’s multi-solution Smart Solutions for Natural Gas Customers strategy to decrease gas usage and procure Program. alternative resources.

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-49-17-00009-P ...... exempt Part of the Tier 2 Maintenance Tier Program To promote and maintain renewable electric in the RES of the CES energy resources

PSC-49-17-00010-P ...... exempt Minor rate filing To consider an increase in annual revenues of about $300,000 or 5.2%

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.

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-51-17-00007-P ...... exempt Opt-out tariff regarding installation of To determine the appropriate opt-out provisions advanced digital metering devices in Central for Central Hudson customers regarding Hudson’s service territory. advanced digital metering devices.

PSC-51-17-00009-P ...... exempt Consideration of Con Edison’s proposed To consider Con Edison’s Implementation Plan Implementation Plan. and appropriate design of the utility-owned Shared Solar Pilot Program.

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-51-17-00014-P ...... exempt Transfer of control. To consider Time Warner Cable Northeast’s petition seeking approval of a transfer of cable television franchises.

PSC-51-17-00015-P ...... exempt Opt-out tariff regarding installation of To determine the appropriate opt-out provisions advanced digital metering devices in Central for Central Hudson customers regarding Hudson’s service territory. advanced digital metering devices.

PSC-51-17-00016-P ...... exempt Petition for waiver request of Opinion No. To consider the petition of Jericho Project for 76-17 and 16 NYCRR Part 96. waiver request of Opinion No. 76-17 and 16 NYCRR Part 96.

PSC-52-17-00014-P ...... exempt Oversight and support of Clean Energy Fund To support and monitor the deployment of and related NYSERDA activities clean energy technology

PSC-52-17-00016-P ...... exempt SUEZ O-N’s rates of the Forest Park Systems To consider an increase in SUEZ O-N’s annual for the provision of water water revenues of the Forest Park Systems by approximately $298,221 or 48.52%

PSC-52-17-00019-P ...... exempt Petition to submeter electricity To consider the petition of Bruns Associates, LLC to submeter electricity

93 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-01-18-00011-P ...... exempt Participation of low-income ratepayers in To consider methods to support participation of community distributed generation projects. low-income ratepayers in community distributed generation projects.

PSC-02-18-00008-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Murray Hill Marquis LLC to submeter electricity.

PSC-04-18-00003-P ...... exempt Minor rate filing. To consider a proposal for an increase in total annual revenues of approximately $136,634, or 11.4%.

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-04-18-00006-P ...... exempt Consideration of the Central Hudson Gas & To consider Central Hudson Gas & Electric Electric Corporation Implementation Plan and Corporation’s Management Audit audit recommendations. Implementation Plan.

PSC-04-18-00007-P ...... exempt Con Edison’s methodology for reconciling the To consider modifications to the manner in gas POR discount rate charge. which reconciliations of the POR discount rate are collected or refunded.

PSC-04-18-00008-P ...... exempt Waiver of Commission requirements. To consider a waiver of the Commission’s electric infrastructure requirement.

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

PSC-05-18-00005-P ...... exempt Distributed Generation (DG), Natural Gas To consider to make permanent the DG and Vehicle (NGV) and Prime-WNY Pilot NGV Pilot Programs and continue the Prime- Programs. WNY Pilot Program with modifications.

PSC-05-18-00008-P ...... exempt Implementation of Advanced Metering To consider Advanced Metering Infrastructure Infrastructure (AMI) in O&R’s territory, and (AMI) in Orange & Rockland’s service territory. provisions for individual opt-outs therefrom.

PSC-06-18-00011-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations § 86.3(a)(1); 86.3(a)(2); 86.3(b)(2) and relating to the content of an application for 88.4(a)(4) transmission line siting

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-06-18-00013-P ...... exempt Proposed sale of property from Con Edison to To consider Con Edison and 500 Kent LLC’s 500 Kent LLC joint petition for a proposed sale of property

PSC-06-18-00015-P ...... exempt Whether a proposed agreement for the To consider a waiver and terms of a service provision of water service by Saratoga Water agreement Services, Inc. is in the public interest

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-07-18-00016-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Silo Ridge Condo Association to submeter electricity.

94 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-08-18-00003-P ...... exempt Gas service to power generators. To consider proposals in the report regarding service to power generators and related proposed tariff revisions.

PSC-08-18-00004-P ...... exempt Negative revenue adjustments assessed for To encourage active efforts by the utility alleged gas safety violations in 2014, 2015, company to maximize gas safety. and 2016.

PSC-08-18-00005-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request. electricity and waiver request of 16 NYCRR § 96.5(k)(3).

PSC-08-18-00006-P ...... exempt Gas service to power generators. To consider proposals in the report regarding service to power generators and related proposed tariff revisions.

PSC-08-18-00007-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of 160 Leroy LLC to submeter electricity.

PSC-08-18-00008-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of MIP One Wall Street Acquisition, LLC to submeter electricity.

PSC-09-18-00010-P ...... exempt Use of the Itron OpenWay Riva CENTRON To ensure that consumers bills are based on Polyphase CP2SRA electric meter accurate measurements of electric usage

PSC-09-18-00011-P ...... exempt Transfer of certain street lighting facilities To consider the transfer of certain street lighting facilities from NYSEG to the Village of Owego

PSC-09-18-00012-P ...... exempt Minor rate filing To consider an increase in annual water revenues by approximately $93,436 or 68.2%

PSC-09-18-00013-P ...... exempt Proposed use of electronic signatures for To make it easier for customers to obtain Deferred Payment Agreements Deferred Payment Agreements

PSC-11-18-00002-P ...... exempt Use of funds for ratepayer benefit programs. To promote gas safety.

PSC-11-18-00003-P ...... exempt Use of funds for ratepayer benefit. To promote gas safety measures.

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

PSC-12-18-00007-P ...... exempt Minor rate filing To consider an increase in annual water revenues by approximately $30,487 or 189%

PSC-12-18-00008-P ...... exempt Trading and banking of Renewable Energy To determine proper treatment of Renewable Certificates Energy Certificates

PSC-12-18-00009-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request electricity and waiver request

PSC-13-18-00014-P ...... exempt Commission oversight of distributed energy To protect customers and utilities in the receipt resource suppliers of services from distributed energy resource suppliers

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.

95 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-13-18-00016-P ...... exempt Electronic Deferred Payment Agreements To consider a proposal to implement Electronic (DPA). DPAs.

PSC-13-18-00017-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request. electricity and waiver request.

PSC-13-18-00018-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request. electricity and waiver request.

PSC-13-18-00019-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent to submeter electricity.

PSC-13-18-00020-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent to submeter electricity.

PSC-13-18-00021-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent to submeter electricity.

PSC-13-18-00022-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent to submeter electricity.

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

PSC-13-18-00024-P ...... exempt SC No. 3 - Multiple-Dwelling Service. To consider a tariff change proposing the elimination of an outdated provision under SC No. 3 - Multiple-Dwelling Service.

PSC-14-18-00001-EP ...... exempt Authorization of a new tariff leaf, Rider A, for To allow the New York Municipal Power high density demand customers. Agency’s Rider A to go into effect on an emergency basis.

PSC-14-18-00004-P ...... exempt Terms of a service agreement and waiver of To consider Saratoga Water’s requested terms tariff provisions of a service agreement and tariff waivers

PSC-14-18-00005-P ...... exempt Transfer of certain street lighting facilities To consider the transfer of certain street lighting facilities located in the Chautauqua Utility District

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

PSC-14-18-00007-P ...... exempt An offshore wind generating facilities program To promote offshore wind generating facilities and to reduce greenhouse gas emissions

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-15-18-00009-P ...... exempt AP Gas and Electric ZEC compliance To promote and maintain renewable and zero- obligation. emission electric energy resources.

PSC-16-18-00005-P ...... exempt Company-owned LED street lighting To consider a tariff change proposing revised and additional Company-owned LED street lighting options

PSC-16-18-00006-P ...... exempt Company-owned LED street lighting To consider a tariff change proposing revised and additional Company-owned LED street lighting options

96 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-16-18-00007-P ...... exempt Regulatory treatment of utilities regarding To ensure just and reasonable utility rates recent changes in federal tax law

PSC-17-18-00009-P ...... exempt Petition to submeter electricity. To consider the petition of Harmony Mills Fallsview LLC to submeter electricity.

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-17-18-00011-P ...... exempt Increase demand and energy charges under To consider a proposal to protect existing S.C. No. 3 and S.C. No. 4. electric customers from increased supply costs resulting from HDL customers.

PSC-17-18-00012-P ...... exempt Residential Electric Vehicle Charging. To effectuate service enhancements mandated by State Legislation.

PSC-17-18-00013-P ...... exempt Residential Electric Vehicle Charging. To effectuate service enhancements mandated by State Legislation.

PSC-17-18-00014-P ...... exempt Residential Electric Vehicle Charging. To effectuate service enhancements mandated by State Legislation.

PSC-17-18-00015-P ...... exempt Implement High Density Load Customer To consider allowing Massena to offer electric Program - Individual Service Agreements. service to high density load customers while passing costs to those customers.

PSC-18-18-00008-P ...... exempt Residential Electric Vehicle Charging To effectuate service enhancements mandated by State Legislation

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-18-18-00010-P ...... exempt Waiver of PSC regulations, 16 NYCRR To ensure that adequate maps and system Sections 86.3(a)(1), (a)(2), (b)(2), 86.4(b) and studies support the application 88.4(a)(4)

PSC-18-18-00011-P ...... exempt Residential Electric Vehicle Charging To effectuate service enhancements mandated by State Legislation

PSC-18-18-00012-P ...... exempt Residential Electric Vehicle Charging To effectuate service enhancements mandated by State Legislation

PSC-18-18-00013-P ...... exempt Motion requesting program eligibility To test standby rate designs to facilitate clarification and to make clarifying edits distributed generation growth related to Case 16-E-0060 and Rider Q

PSC-19-18-00005-P ...... exempt Whether Flanders’ can market to and enroll To protect customers by enforcing compliance new customers. with the Uniform Business Practices.

PSC-20-18-00004-EP ...... exempt Appointment of a temporary operator of a To ensure activation and availability of a safe water system water supply to existing residences

PSC-20-18-00008-P ...... exempt Proposed major rate increase in O&R’s gas To ensure safe and adequate service at just delivery revenues of approximately $4.5 and reasonable rates charged to customers million (or 1.5% in total revenues) without undue preferences

PSC-20-18-00009-P ...... exempt Proposed major rate increase in O&R’s To ensure safe and adequate service at just electric delivery revenues of approximately and reasonable rates charged to customers $20.3 million (or 2.3% in total revenues) without undue preferences

97 Action Pending Index NYS Register/May 23, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-21-18-00033-P ...... exempt Property tax expenses and refunds of over- To ensure just and reasonable rates. collections for such expenses.

PSC-21-18-00041-P ...... exempt Con Edison’s petition for the Smart Solutions To promote gas system reliability by for Natural Gas DR Pilot Implementation Plan encouraging gas demand reductions during and associated budget. peak gas demand days.

PSC-21-18-00042-P ...... exempt Establish new SC No. 7 - High Density Loads To ensure that high density load customers Individual Negotiated Contract. receive cost-based rates that do not provide an undue preference.

PSC-21-18-00043-P ...... exempt Intent to submeter electricity at 98 Front To ensure adequate submetering equipment Street, Brooklyn, New York. and consumer protections are in place.

PSC-21-18-00044-P ...... exempt Electric ratemaking policy for Direct Current To ensure just and reasonable rates in the Fast Charging (DCFC) facilities used to context of charging electric vehicles. recharge electric vehicles.

PSC-21-18-00045-P ...... exempt Waiver of PSC regulations, 16 NYCRR To ensure application to amend certificate Sections 86.3(a)(1), (a)(2), (b)(1), (b)(2), 86.6, issued under PSL Article VII contains sufficient 86.10 and 88.4(a)(4). information for review to proceed.

STATE, DEPARTMENT OF

DOS-07-18-00010-P ...... 02/14/19 Cease and desist zone for the Incorporated To adopt a cease and desist zone for the Village of Chestnut Ridge, NY Incorporated Village of Chestnut Ridge, NY

DOS-12-18-00006-P ...... 03/21/19 The education qualifications for real estate To update course requirements to meet current broker’s license industry needs

DOS-20-18-00001-P ...... 07/17/19 Minimum standards for administration and Requires programs for local governments enforcement of the Uniform Code and Energy administering/enforcing Uniform and Energy Code Codes to include provisions relating to parking garages, establish procedures for occurances where Secretary of State and State agencies must administer/enforce Uniform Code

DOS-20-18-00002-EP ...... 07/24/19 Suspension and revocation of certifications of See attached ‘‘Purpose’’ code enforcement personnel.

TAXATION AND FINANCE, DEPARTMENT OF

TAF-21-18-00031-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 July 1, administered therewith 2018 through September 30, 2018

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-12-18-00004-P ...... 03/21/19 Reengagement/conciliation and sanction To implement statutory changes relative to procedures for employment programs public assistance (PA) reengagement/ conciliation and sanction procedures

TRANSPORTATION, DEPARTMENT OF

TRN-08-18-00001-P ...... 02/21/19 Regulation of commercial motor carriers in The rule making updates Title 49 CFR New York State provisions incorporated by reference pursuant to regulation of commercial motor carriers

TRN-11-18-00001-P ...... 03/14/19 Regulation of commercial motor carriers in The rule making updates Title 49 CFR New York State provisions incorporated by reference pursuant to regulation of commercial motor carriers

98 NYS Register/May 23, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

URBAN DEVELOPMENT CORPORATION

UDC-14-18-00008-P ...... 04/04/19 Regional Revolving Loan Trust Fund Update procedures for the administration of the Regional Revolving Loan Trust Fund program

WORKERS’ COMPENSATION BOARD

WCB-52-17-00021-P ...... 12/27/18 Establishment of Prescription Drug Formulary Establishment of a drug formulary that includes high-quality and cost-effective preauthorized medication

WCB-18-18-00014-P ...... 05/02/19 Procedures under WCL 21-a To correct typographical citation errors and a clarifying change

WCB-21-18-00038-P ...... 05/23/19 Workers’ Compensation Board - Legal To allow a more expansive group of law school Internship Program and legal interns to represent parties of interest in Board proceedings

99

SECURITIES OFFERINGS

STATE NOTICES Financeware Holdings LLC c/o NewSpring Holdings, LLC, 555 E. Lancaster Ave., 3rd Fl., Radnor, Published pursuant to provisions of General Business Law PA 19087 [Art. 23-A, § 359-e(2)] State or country in which incorporated — Delaware limited liability company DEALERS; BROKERS FNY Holdings, LLC 90 Park Ave., 5th Fl., New York, NY 10016 Anthem Ledge Stone Partners LLC 901 Mopac Expwy. S, Bldg. V, Suite 100, Austin, TX 78746 Graduate Hotels Real Estate Fund III LP 133 N. Jefferson St., 4th Fl., Chicago, IL 60661 ATP Fund 7 Giorgetti 2017, LP Partnership — Graduate Hotels Fund III GP LLC 2606 Grant St., Houston, TX 77006 Partnership — ATP Fund 7 GP Giorgetti 2017, LP Grandeur Peak International Stalwarts, L.P. 136 S. Main St., Suite 720, Salt Lake City, UT 84101 Blocktree General Fund LP Partnership — Grandeur Peak Global Advisors, LLC 1161 Mission St., San Francisco, CA 94103 Greenstar Cooperative Market, Inc. Partnership — Blocktree Capital LLC 700 W. Buffalo St., Ithaca, NY 14850 State or country in which incorporated Booking Holdings Inc. — New York 800 Connecticut Ave., Norwalk, CT 06854 Hilltop Capital Anchor LP State or country in which incorporated — Delaware c/o Zenyth Partners GP LLC, 40 Cuttermill Rd., Great Neck, NY 11021 Cairos International Fund, LP Partnership — Zenyth Partners GP LLC 1860 Shiloh Lane, Winter Park, FL 32789 Partnership — Cairos Capital, LLC Hudson Housing Tax Credit LXXX LP 630 Fifth Ave., 28th Fl., New York, NY 10111 CityBase, Inc. Partnership — Hudson GP LXXX LLC 30 N. LaSalle St., Suite 3400, Chicago, IL 60602 State or country in which incorporated — Delaware JCGC Management 1 LLC 410 Jericho Tpke., Suite 320, Jericho, NY 11753 Context Walks LLC 2410 Walnut St., Suite 208, Philadelphia, PA 19103 Landmark Dividend Solar Land 1 DST 2141 Rosecrans Ave., Suite 2100, El Segundo, CA 90245 Corvus Delta Offshore Fund Ltd. State or country in which incorporated — Delaware c/o SS&C Fund Services (Cayman) Limited, 45 Market St., Suite 3205, 2nd Fl., Gardenia Court, Camana Bay, Grand Cayman KY1- Lubezone Inc. 9003, Cayman Islands P.O. Box 1224, Albert Lea, MN 56007 State or country in which incorporated — Cayman Islands State or country in which incorporated — Nevada

Cygnus Alpha Offshore Fund Ltd. NCoded Communications, Inc. c/o SS&C Fund Services (Cayman) Limited, 45 Market St., Suite 17633 Gunn Hwy., #188, Odessa, FL 33556 3205, 2nd Fl., Gardenia Court, Camana Bay, Grand Cayman KY1- State or country in which incorporated — Delaware 9003, Cayman Islands State or country in which incorporated — Cayman Islands Newbridge Securities Corporation 5200 Town Center Circle, Tower 1, Suite 306, Boca Raton, FL 33486 Distrix LLC State or country in which incorporated — Virginia 22 N. 6th St., Suite 19i, Brooklyn, NY 11249 Norax Green Capital (SCA) SICAR DJ MicroLaminates, Inc. C/Zurbano, 6 - 1° izquierda, Madrid, Spain 28010 490 Boston Post Rd., Sudbury, MA 01778 Partnership — Nereo Green Capital Lux Partners S.a.r.l, general part- State or country in which incorporated — Delaware ner

101 Securities Offerings NYS Register/May 23, 2018

Notre Dame Pit Road Fund, L.P. 1400 E. Angela Blvd., #149, South Bend, IN 46617 Partnership — ND Pit Road, LLC

Oberweis Funds, The 3333 Warrenville Rd., Suite 50, Lisle, IL 60532 State or country in which incorporated — Massachusetts

Orchard Securities, LLC 401 S. 850 E., Suite C1, Lehi, UT 84043

Passco Capital, Inc. 2050 Main St., Suite 650, Irvine, CA 92614 State or country in which incorporated — California

PinPoint Testing, LLC 11925 Shady Ridge Dr., Little Rock, AR 72211 State or country in which incorporated — Delaware

ReSource Pro Holdings, LLC c/o DFW Partners, Glenpointe Centre E, 300 Frank W. Burr Blvd., 7th Fl., Teaneck, NJ 07666

Rivonia Road Fund LP 10880 Wilshire Rd., 11th Fl., Los Angeles, CA 90024 Partnership — Rivonia Road Capital LLC

Saltbox Partners Fund, L.P. 10 Sterling Blvd., Suite 402, Englewood, NJ 07631 Partnership — Saltbox II, LLC

SE Walker House Investors, LLC 350 N. LaSalle St., Suite 800, Chicago, IL 60654 State or country in which incorporated — Delaware limited liability company

Spell Capital Mezzanine Partners SBIC II, LP 222 S. 9th St., Suite 2880, Minneapolis, MN 55402 Partnership — SCMP Management II, LLC

Theorem Total Market Fund LP 436 Bryant St., 2nd Fl., San Francisco, CA 94107 Partnership — Theorem Partners LLC

Theorem Total Market Fund Offshore LP c/o Walkers Corporate Limited, Cayman Corporate Centre, 27 Hospital Rd., George Town, Grand Cayman KY1-9008, Cayman Islands Partnership — Theorem Partners LLC

WT Holdings, Inc. 510 S. Mendenhall Rd., Suite 200, Memphis, TN 38117 State or country in which incorporated — Tennessee

Zenyth Partners, LP c/o Zenyth Partners GP LLC, 40 Cuttermill Rd., Great Neck, NY 11021 Partnership — Zenyth Partners GP LLC

Zephyr Minerals Ltd. 1300-1959 Upper Water St., Purdys Wharf Tower 1, Halifax, NS, B3J 3N2 Canada State or country in which incorporated — Canada

102 ADVERTISEMENTS FOR BIDDERS/CONTRACTORS SEALED BIDS 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 REPLACE the bid security. GUARD BOOTH The State intends to expedite award of this Contract and the New York Psychiatric Institute Contractor shall be prepared to proceed with the Work accordingly. New York, New York County Bidders are warned that time is of the essence of the Contract and substantial completion of the Work must be within 196 days after the Sealed bids for Project No. Q1730-E, for Electrical Work, Replace Guard Booth, Building 5, New York Psychiatric Institute, 1051 Agreement is approved by the Comptroller. Due to the tightness of the Riverside Drive, New York (New York County), NY, will be received construction schedule, bidders should consider the necessity for an by the Office of General Services (OGS), Design & Construction increased work force and shift operations. Group (D&C), Division of Contract Management, 35th Fl., Corning The only time prospective bidders will be allowed to visit the job Tower, Empire State Plaza, Albany, NY 12242, on behalf of the Office site to take field measurements and examine existing conditions of the of Mental Health, until 2:00 p.m. on Wednesday, May 23, 2018, when project area will be at 10:00 a.m. on May 10, 2018 at New York Psy- they will be publicly opened and read. Each bid must be prepared and submitted in accordance with the Instructions to Bidders and must be chiatric Institute, 1051 Riverside Drive, New York, NY. Prospective accompanied by a certified check, bank check, or bid bond in the bidders are urged to visit the site at this time. Prospective bidders or amount of $11,400 for E. their representatives attending the pre-bid site visit will not be admit- Further, Wicks Exempt Projects require a completed form BDC 59 ted on facility grounds without proper photo identification. Note that (Wicks Exempt List of Contractors) be filled out and submitted parking restrictions and security provisions will apply and all vehicles (included in a separate, sealed envelope) in accordance with Docu- will be subject to search. ment 002220, Supplemental Instructions to Bidders – Wicks Exempt. For assistance pertaining to the site visit only, please phone Carlos Failure to submit this form correctly will result in a disqualification of Silva (212)459-7707. the bid. Pursuant to New York State Executive Law Article 15-A and the All successful bidders will be required to furnish a Performance rules and regulations promulgated thereunder, OGS is required to Bond and a Labor and Material Bond in the statutory form of public promote opportunities for the maximum feasible participation of New bonds required by Sections 136 and 137 of the State Finance Law, York State-certified Minority- and Women-owned Business Enter- each for 100% of the amount of the Contract estimated to be between prises (“MWBEs”) and the employment of minority group members $100,000 and $250,000 for E. and women in the performance of OGS contracts. All bidders are Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation expected to cooperate in implementing this policy. OGS hereby includes and imposes certain restrictions on communications between establishes an overall goal of 10% for MWBE participation, 5% for OGS D&C and a bidder during the procurement process. A bidder is Minority-Owned Business Enterprises (“MBE”) participation and 5% restricted from making contacts from the earliest posting, on the OGS for Women-Owned Business Enterprises (“WBE”) participation website, in a newspaper of general circulation, or in the Contract (based on the current availability of qualified MBEs and WBEs). The Reporter of written notice, advertisement or solicitation of offers through final award and approval of the contract by OGS D&C and total contract goal can be obtained by utilizing any combination of the Office of the State Comptroller (“Restricted Period”) to other than MBE and /or WBE participation for subcontracting and supplies designated staff unless it is a contact that is included among certain acquired under this Contract. statutory exceptions set forth in State Finance Law § 139-j(3)(a). The Office of General Services reserves the right to reject any or all Designated staff are Jessica Hoffman, Carl Ruppert, and Pierre Alric bids. in the Division of Contract Management, telephone (518) 474-0203, The Bidding and Contract Documents for this Project are available fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & on compact disc (CD) only, and may be obtained for an $8.00 deposit Construction Group, telephone (518) 474-0201, fax (518) 486-1650. per set, plus a $2.00 per set shipping and handling fee. Contractors OGS D&C employees are also required to obtain certain information and other interested parties can order CD’s on-line through a secure when contacted during the restricted period and make a determination of the responsibility of the bidder pursuant to these two statutes. web interface available 24 hours a day, 7 days a week. Please use the Certain findings of non-responsibility can result in rejection for following link for ordering and payment instructions: http:// contract award and in the event of two findings within a four-year pe- www.ogs.ny.gov/bu/dc/esb/acquirebid.asp riod, the bidder is debarred from obtaining governmental Procurement For questions about purchase of bid documents, please send an Contracts. Bidders responding to this Advertisement must familiarize e-mail to [email protected], or call (518) 474-0203. themselves with the State Finance Law requirements and will be For additional information on this project, please use the link below expected to affirm that they understand and agree to comply on the bid and then click on the project number: https://online.ogs.ny.gov/dnc/ form. Further information about these requirements can be found contractorConsultant/esb/ESBPlansAvailableIndex.asp 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 By John D. Lewyckyj, Deputy Director Contract Agreement from the State, the low bidder shall return the OGS - Design & Construction Group

103 Advertisements for Bidders/Contractors NYS Register/May 23, 2018

PROVIDE rules and regulations promulgated thereunder, OGS is required to UNDERGROUND CHILLED WATER AND STEAM promote opportunities for the maximum feasible participation of New PIPING York State-certified Minority- and Women-owned Business Enter- State Campus prises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts. All bidders are Albany, Albany County expected to cooperate in implementing this policy. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Sealed bids for Project Nos. 45256-H, 45256-E, comprising sepa- Minority-Owned Business Enterprises (“MBE”) participation and rate contracts for HVAC Work and Electrical Work, Provide Under- 15% for Women-Owned Business Enterprises (“WBE”) participation ground Chilled Water And Steam Piping, State Office Building (based on the current availability of qualified MBEs and WBEs). The Campus, 1220 Washington Avenue, Albany (Albany County), NY, will be received by the Office of General Services (OGS), Design & total contract goal can be obtained by utilizing any combination of Construction Group (D&C), Division of Contract Management, 35th MBE and /or WBE participation for subcontracting and supplies Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on behalf acquired under this Contract. of the Office of General Services, until 2:00 p.m. on Wednesday, May The Office of General Services reserves the right to reject any or all 23, 2018, when they will be publicly opened and read. Each bid must bids. be prepared and submitted in accordance with the Instructions to Bid- The Bidding and Contract Documents for this Project are available ders and must be accompanied by a certified check, bank check, or bid on compact disc (CD) only, and may be obtained for an $8.00 deposit bond in the amount of $199,800 for H and $19,000 for E. per set, plus a $2.00 per set shipping and handling fee. Contractors All successful bidders will be required to furnish a Performance and other interested parties can order CD’s on-line through a secure Bond and a Labor and Material Bond in the statutory form of public web interface available 24 hours a day, 7 days a week. Please use the bonds required by Sections 136 and 137 of the State Finance Law, following link at the OGS website for ordering and payment each for 100% of the amount of the Contract estimated to be between instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp $7,000,000 and $8,000,000 for H and between $250,000 and $500,000 For questions about purchase of bid documents, please send an for E. e-mail to [email protected], or call (518) 474-0203. Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation For additional information on this project, please use the link below includes and imposes certain restrictions on communications between and then click on the project number: https://online.ogs.ny.gov/dnc/ OGS D&C and a bidder during the procurement process. A bidder is contractorConsultant/esb/ESBPlansAvailableIndex.asp restricted from making contacts from the earliest posting, on the OGS website, in a newspaper of general circulation, or in the Contract Reporter of written notice, advertisement or solicitation of offers By John D. Lewyckyj, Deputy Director through final award and approval of the contract by OGS D&C and OGS - Design & Construction Group the Office of the State Comptroller (“Restricted Period”) to other than designated staff unless it is a contact that is included among certain PROVIDE statutory exceptions set forth in State Finance Law § 139-j(3)(a). MODULAR BUILDING Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in Camp Smith Training Site the Division of Contract Management, telephone (518) 474-0203, fax Cortlandt Manor, Westchester County (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group, telephone (518) 474-0201, fax (518) 486-1650. Sealed bids for Project No. 45537-C, for Construction Work, OGS D&C employees are also required to obtain certain information Provide Modular Building, Camp Smith Training Site, 11 Bear when contacted during the restricted period and make a determination Mountain Bridge Road, Cortlandt Manor, (Westchester County), NY, of the responsibility of the bidder pursuant to these two statutes. will be received by the Office of General Services (OGS), Design & Certain findings of non-responsibility can result in rejection for Construction Group (D&C), Division of Contract Management, 35th contract award and in the event of two findings within a four-year pe- Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on behalf riod, the bidder is debarred from obtaining governmental Procurement of the Division of Military and Naval Affairs, until 2:00 p.m. on Contracts. Bidders responding to this Advertisement must familiarize Wednesday, June 6, 2018, when they will be publicly opened and read. themselves with the State Finance Law requirements and will be Each bid must be prepared and submitted in accordance with the expected to affirm that they understand and agree to comply on the bid Instructions to Bidders and must be accompanied by a certified check, form. Further information about these requirements can be found bank check, or bid bond in the amount of $38,100 for C. within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ regulations/defaultAdvisoryCouncil.html Further, Wicks Exempt Projects require a completed form BDC 59 (Wicks Exempt List of Contractors) be filled out and submitted As a condition of award, within 48 hours of receipt of the proposed (included in a separate, sealed envelope) in accordance with Docu- Contract Agreement from the State, the low bidder shall return the ment 002220, Supplemental Instructions to Bidders – Wicks Exempt. Contract Agreement to the State, properly executed, along with the Failure to submit this form correctly will result in a disqualification of Bonds if required by said Agreement. Low bidders who cannot meet the bid. these provisions may be subject to disqualification and forfeiture of the bid security. All successful bidders will be required to furnish a Performance Bond and a Labor and Material Bond in the statutory form of public The substantial completion date for this project is September 1, bonds required by Sections 136 and 137 of the State Finance Law, 2020. each for 100% of the amount of the Contract estimated to be between The only time prospective bidders will be allowed to visit the job $1,000,000 and $2,000,000 for C. site to take field measurements and examine existing conditions of the Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation project area will be at 1:30 p.m. on May 10, 2018 at State Office Build- includes and imposes certain restrictions on communications between ing Campus, Building 4, OGS D&C Field Office Trailer, 1220 OGS D&C and a bidder during the procurement process. A bidder is Washington Avenue, Albany, NY. Prospective bidders are urged to restricted from making contacts from the earliest posting, on the OGS visit the site at this time. Prospective bidders or their representatives website, in a newspaper of general circulation, or in the Contract attending the pre-bid site visit will not be admitted on facility grounds Reporter of written notice, advertisement or solicitation of offers without proper photo identification. Note that parking restrictions and through final award and approval of the contract by OGS D&C and security provisions will apply and all vehicles will be subject to search. the Office of the State Comptroller (“Restricted Period”) to other than For assistance pertaining to the site visit only, please phone Hatim designated staff unless it is a contact that is included among certain El-Tilib (518) 457-8203. statutory exceptions set forth in State Finance Law § 139-j(3)(a). Pursuant to New York State Executive Law Article 15-A and the Designated staff are Jessica Hoffman, Carl Ruppert, and Pierre Alric

104 NYS Register/May 23, 2018 Advertisements for Bidders/Contractors in the Division of Contract Management, telephone (518) 474-0203, For additional information on this project, please use the link below fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & and then click on the project number: https://online.ogs.ny.gov/dnc/ Construction Group, telephone (518) 474-0201, fax (518) 486-1650. contractorConsultant/esb/ESBPlansAvailableIndex.asp OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination By John D. Lewyckyj, Deputy Director of the responsibility of the bidder pursuant to these two statutes. OGS - Design & Construction Group Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year pe- REPAIR riod, the bidder is debarred from obtaining governmental Procurement PEDESTRIAN WALKWAY Contracts. Bidders responding to this Advertisement must familiarize State Campus themselves with the State Finance Law requirements and will be Albany, Albany County expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found Sealed bids for Project Nos. 45569-C, 45569-E, comprising sepa- within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ rate contracts for Construction Work and Electrical Work, Repair Pe- regulations/defaultAdvisoryCouncil.html destrian Walkway, Building 8, State Office Building Campus, 1220 Washington Avenue, Albany (Albany County), NY, will be received As a condition of award, within 48 hours of receipt of the proposed by the Office of General Services (OGS), Design & Construction Contract Agreement from the State, the low bidder shall return the Group (D&C), Division of Contract Management, 35th Fl., Corning Contract Agreement to the State, properly executed, along with the Tower, Empire State Plaza, Albany, NY 12242, on behalf of the Office Bonds if required by said Agreement. Low bidders who cannot meet of General Services, until 2:00 p.m. on Wednesday, May 23, 2018, these provisions may be subject to disqualification and forfeiture of when they will be publicly opened and read. Each bid must be pre- the bid security. pared and submitted in accordance with the Instructions to Bidders and must be accompanied by a certified check, bank check, or bid The State intends to expedite award of this Contract and the bond in the amount of $41,400 for C and $6,300 for E. Contractor shall be prepared to proceed with the Work accordingly. All successful bidders will be required to furnish a Performance Bidders are warned that time is of the essence of the Contract and Bond and a Labor and Material Bond in the statutory form of public substantial completion of the Work must be within 297 days after the bonds required by Sections 136 and 137 of the State Finance Law, Agreement is approved by the Comptroller. Due to the tightness of the each for 100% of the amount of the Contract estimated to be between construction schedule, bidders should consider the necessity for an $1,000,000 and $2,000,000 for C and between $50,000 and $100,000 increased work force and shift operations. for E. The only time prospective bidders will be allowed to visit the job Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation site to take field measurements and examine existing conditions of the includes and imposes certain restrictions on communications between project area will be at 10:00 a.m. on May 24, 2018 at Camp Smith, OGS D&C and a bidder during the procurement process. A bidder is OGS Trailer, 11 Bear Mountain Bridge Road, Cortlandt Manor, NY. restricted from making contacts from the earliest posting, on the OGS Prospective bidders are urged to visit the site at this time. Prospective website, in a newspaper of general circulation, or in the Contract bidders or their representatives attending the pre-bid site visit will not Reporter of written notice, advertisement or solicitation of offers be admitted on facility grounds without proper photo identification. through final award and approval of the contract by OGS D&C and Note that parking restrictions and security provisions will apply and the Office of the State Comptroller (“Restricted Period”) to other than designated staff unless it is a contact that is included among certain all vehicles will be subject to search. statutory exceptions set forth in State Finance Law § 139-j(3)(a). Phone the office of Arsenia Palacios, (845) 421-7650 a minimum of Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in 24 hours in advance of the date to provide the names of those who will the Division of Contract Management, telephone (518) 474-0203, fax attend the pre-bid site visit. (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Pursuant to New York State Executive Law Article 15-A and the Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information rules and regulations promulgated thereunder, OGS is required to when contacted during the restricted period and make a determination promote opportunities for the maximum feasible participation of New of the responsibility of the bidder pursuant to these two statutes. York State-certified Minority- and Women-owned Business Enter- Certain findings of non-responsibility can result in rejection for prises (“MWBEs”) and the employment of minority group members contract award and in the event of two findings within a four-year pe- and women in the performance of OGS contracts. All bidders are riod, the bidder is debarred from obtaining governmental Procurement expected to cooperate in implementing this policy. OGS hereby Contracts. Bidders responding to this Advertisement must familiarize establishes an overall goal of 30% for MWBE participation, 15% for themselves with the State Finance Law requirements and will be Minority-Owned Business Enterprises (“MBE”) participation and expected to affirm that they understand and agree to comply on the bid 15% for Women-Owned Business Enterprises (“WBE”) participation form. Further information about these requirements can be found (based on the current availability of qualified MBEs and WBEs). The within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ total contract goal can be obtained by utilizing any combination of regulations/defaultAdvisoryCouncil.html MBE and /or WBE participation for subcontracting and supplies The substantial completion date for this project is 525 days after the acquired under this Contract. Agreement is approved by the Comptroller. The Office of General Services reserves the right to reject any or all The only time prospective bidders will be allowed to visit the job bids. site to take field measurements and examine existing conditions of the project area will be at 1:30 p.m. on May 11, 2018 at State Office Build- The Bidding and Contract Documents for this Project are available ing Campus, Building 4, Field Office Trailer, 1220 Washington Ave- on compact disc (CD) only, and may be obtained for an $8.00 deposit nue, Albany, NY. Prospective bidders are urged to visit the site at this per set, plus a $2.00 per set shipping and handling fee. Contractors time. Prospective bidders or their representatives attending the pre-bid and other interested parties can order CD’s on-line through a secure site visit will not be admitted on facility grounds without proper photo web interface available 24 hours a day, 7 days a week. Please use the identification. Note that parking restrictions and security provisions following link for ordering and payment instructions: http:// will apply and all vehicles will be subject to search. www.ogs.ny.gov/bu/dc/esb/acquirebid.asp For assistance pertaining to the site visit only, please phone Aaron For questions about purchase of bid documents, please send an Cook (518) 457-7895. e-mail to [email protected], or call (518) 474-0203. Pursuant to New York State Executive Law Article 15-A and the

105 Advertisements for Bidders/Contractors NYS Register/May 23, 2018 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 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs) for Construction 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 For questions about purchase of bid documents, please send an e-mail to [email protected], or call (518) 474-0203. For additional information on this project, please use the link below and then click on the project number: https://online.ogs.ny.gov/dnc/ contractorConsultant/esb/ESBPlansAvailableIndex.asp

By John D. Lewyckyj, Deputy Director OGS - Design & Construction Group

106 MISCELLANEOUS NOTICES/HEARINGS

Notice of Abandoned Property expenditures attributable to this initiative for state fiscal year 2019/ Received by the State Comptroller 2020. The public is invited to review and comment on this proposed State Pursuant to provisions of the Abandoned Property Law and related Plan Amendment, a copy of which will be available for public review laws, the Office of the State Comptroller receives unclaimed monies on the Department’s website at http://www.health.ny.gov/regulations/ and other property deemed abandoned. A list of the names and last state_plans/status. Individuals without Internet access may view the known addresses of the entitled owners of this abandoned property is State Plan Amendments at any local (county) social services district. maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they ap- For the New York City district, copies will be available at the fol- pear on the Abandoned Property Listing by contacting the Office of lowing places: Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at: New York County 1-800-221-9311 250 Church Street or visit our web site at: New York, New York 10018 www.osc.state.ny.us Claims for abandoned property must be filed with the New York Queens County, Queens Center State Comptroller’s Office of Unclaimed Funds as provided in Section 3220 Northern Boulevard 1406 of the Abandoned Property Law. For further information contact: Long Island City, New York 11101 Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236. Kings County, Fulton Center 114 Willoughby Street PUBLIC NOTICE Brooklyn, New York 11201 Department of Health Pursuant to 42 CFR Section 447.205, the Department of Health Bronx County, Tremont Center hereby gives public notice of the following: 1916 Monterey Avenue The Department of Health proposes to amend the Title XIX Bronx, New York 10457 (Medicaid) State Plan for institutional services to comply with 2807-k (5-d). The following changes are proposed: Richmond County, Richmond Center Institutional Services 95 Central Avenue, St. George Effective on or after January 1, 2019 indigent care pool payments Staten Island, New York 10301 will be made using an uninsured unit’s methodology. For the period January 1, 2019 through December 31, 2019, each hospital’s uncom- For further information and to review and comment, please contact: pensated care need amount will be determined as follows: Department of Health, Division of Finance and Rate Setting, 99 D Inpatient units of service for the cost report period two years prior Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY to the distribution year (excluding hospital-based residential health 12210, e-mail: [email protected] care facility (RHCF) and hospice) will be multiplied by the average applicable Medicaid inpatient rate in effect for January 1 of the distri- bution year; PUBLIC NOTICE Department of Health D Outpatient units of service for the cost report period two years prior to the distribution year (excluding referred ambulatory and home Pursuant to 42 CFR Section 447.205, the Department of Health health) will be multiplied by the average applicable Medicaid hereby gives public notice of the following: outpatient rate in effect for January 1 of the distribution year; The Department of Health proposes to amend the Title XIX D Inpatient and outpatient uncompensated care amounts will then (Medicaid) State Plan for non-institutional services to comply with be summed and adjusted by a statewide adjustment factor and reduced enacted statutory and other budget provisions. The following changes by cash payments received from uninsured patients; and are proposed: D Uncompensated care nominal need will be based on a weighted Non-Institutional Services blend of the net adjusted uncompensated care and the Medicaid The Commissioner of Health will amend the State Plan for the New inpatient utilization rate. The result will be used to proportionally al- York State Health Home Program as follows: locate and make Medicaid disproportionate share hospital (DSH) pay- D Effective on or after October 1, 2018, reduce the Health Home per ments in the following amounts: member per month (pmpm) “outreach” payment for all members D $139.4 million to major public general hospitals, including (adults and children) in the case finding group from $110 pmpm to a hospitals operated by public benefit corporations; and rate of no less than $50 pmpm. D $994.9 million to general hospitals, other than major public gen- D Eliminate the September 30, 2018 expiration date related to the eral hospitals. per member, per month Health Home rates for children. D There is no additional estimated annual change to gross Medicaid D Establish a rate adjustment for dates of service beginning on or

107 Miscellaneous Notices/Hearings NYS Register/May 23, 2018 after June 1, 2018 and ending no later than March 31, 2019, for Health expenditures attributable to this initiative contained in the budget for Homes that are designated to serve children only, or for a Health Home state fiscal year 2019-2020 is $7.5 million. that is designated to serve children in 44 counties and adults in one, in The public is invited to review and comment on this proposed State an amount that does not exceed $4 million. Plan Amendment, a copy of which will be available for public review The estimated annual net aggregate decrease in gross Medicaid on the Department’s website at http://www.health.ny.gov/regulations/ expenditures attributable to this initiative contained in the budget for state_plans/status. Individuals without Internet access may view the state fiscal year 2018-19 is $25 million. State Plan Amendments at any local (county) social services district. The public is invited to review and comment on this proposed State For the New York City district, copies will be available at the fol- Plan Amendment, a copy of which will be available for public review lowing places: on the Department’s website at http://www.health.ny.gov/regulations/ state_plans/status. Individuals without Internet access may view the New York County State Plan Amendments at any local (county) social services district. 250 Church Street For the New York City district, copies will be available at the fol- New York, New York 10018 lowing places: Queens County, Queens Center New York County 3220 Northern Boulevard 250 Church Street Long Island City, New York 11101 New York, New York 10018 Kings County, Fulton Center Queens County, Queens Center 114 Willoughby Street 3220 Northern Boulevard Brooklyn, New York 11201 Long Island City, New York 11101 Bronx County, Tremont Center Kings County, Fulton Center 1916 Monterey Avenue 114 Willoughby Street Bronx, New York 10457 Brooklyn, New York 11201 Richmond County, Richmond Center Bronx County, Tremont Center 95 Central Avenue, St. George 1916 Monterey Avenue Staten Island, New York 10301 Bronx, New York 10457 For further information and to review and comment, please contact: Richmond County, Richmond Center Department of Health, Division of Finance and Rate Setting, 99 95 Central Avenue, St. George Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY Staten Island, New York 10301 12210, e-mail: [email protected]

For further information and to review and comment, please contact: PUBLIC NOTICE Department of Health, Division of Finance and Rate Setting, 99 Department of State Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY 12210, e-mail: [email protected] F-2017-1156 Date of Issuance – May 23, 2018 The New York State Department of State (DOS) is required by PUBLIC NOTICE Federal regulations to provide timely public notice for the activities Department of Health described below, which are subject to the consistency provisions of Pursuant to 42 CFR Section 447.205, the Department of Health the Federal Coastal Zone Management Act of 1972, as amended. hereby gives public notice of the following: The applicant has certified that the proposed activity complies with The Department of Health proposes to amend the Title XIX and will be conducted in a manner consistent with the approved New (Medicaid) State Plan for non-institutional services for coverage and York State Coastal Management Program. The applicant’s consis- reimbursement for Medicaid preventive services. The following tency certification and accompanying public information and data are changes are proposed: available for inspection on the New York State Department of State’s Non-Institutional Services website at http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/F- Effective on or after July 1, 2019, the Medicaid State Plan will be 2017-1156RJMarineShorelineStabilization.pdf amended to establish and authorize payment for Preventive Residen- In F-2017-1156, or the “RJ Marine Associates Shoreline Stabiliza- tial Treatment (PRT) services. This State plan amendment replaces the tion”, the applicant – Augusta Withington – is proposing to install a former Voluntary Foster Care per diem reimbursement. The July 1, steel sheet pile face sea wall with tie backs. The proposed seawall will 2019 effective date for the PRT services coincides with the transition be 7 feet in height from the river bottom and 65 feet in length. The of the foster care population to managed care under the State’s proposed sea wall will have a 6 inch to 8 inch concrete cap. In addi- proposed children’s 1115 Waiver amendment. The PRT services will tion, the applicant proposes to backfill behind the proposed sea wall. reimburse providers for Medicaid services that Managed Care Plans The project is located at 690 Riverside Drive in the Village of Clayton, will otherwise not contract for (e.g., nursing staff). PRT will provide Jefferson County, New York on the St. Lawrence River. The stated community-based preventive residential supports under the supervi- purpose of the project is to “prevent flooding and erosion”. sion and oversight of a practitioner of the healing arts including Psy- Any interested parties and/or agencies desiring to express their chiatrist, Physician, Licensed Psychoanalyst, Registered Professional views concerning the above proposed activities may do so by filing Nurse, Nurse Practitioner, Clinical Nurse Specialist, Licensed Clinical their comments, in writing, no later than 4:30 p.m., 15 days from the Social Worker (LCSW), Licensed Marriage and Family Therapist, date of publication of this notice, or, June 7, 2018. Licensed Mental Health Counselor, or Licensed Psychologist. Skill Comments should be addressed to the Consistency Review Unit, building, nursing supports and medication management, Medicaid Department of State, Planning, Development and Community Infra- Service Coordination, and Medicaid Treatment Planning and dis- structure, One Commerce Plaza, 99 Washington Ave., Albany, NY charge planning. 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submissions The estimated annual net aggregate increase in gross Medicaid can be made by email at: [email protected]

108 NYS Register/May 23, 2018 Miscellaneous Notices/Hearings

This notice is promulgated in accordance with Title 15, Code of Comments should be addressed to the Consistency Review Unit, Federal Regulations, Part 930. Department of State, Planning, Development and Community Infra- structure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submissions PUBLIC NOTICE can be made by email at: [email protected] Department of State This notice is promulgated in accordance with Title 15, Code of F-2017-1203 Federal Regulations, Part 930. Date of Issuance – May 23, 2018 The New York State Department of State (DOS) is required by PUBLIC NOTICE Federal regulations to provide timely public notice for the activities Department of State described below, which are subject to the consistency provisions of F-2018-0122 the Federal Coastal Zone Management Act of 1972, as amended. Date of Issuance – May 23, 2018 The applicant has certified that the proposed activity complies with The New York State Department of State (DOS) is required by and will be conducted in a manner consistent with the approved New Federal regulations to provide timely public notice for the activities York State Coastal Management Program. The applicant’s consis- described below, which are subject to the consistency provisions of tency certification and accompanying public information and data are the Federal Coastal Zone Management Act of 1972, as amended. available for inspection on the New York State Department of State’s The applicant has certified that the proposed activity complies with website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/ and will be conducted in a manner consistent with the approved New F-2017-1203BauterCementRamp.pdf York State Coastal Management Program. The applicant’s consis- In F-2017-1203, or the “Bauter Precast Cement Ramp”, the ap- tency certification and accompanying public information and data are plicant – Stacy Bauter – proposes to replace a portion of a deteriorated available for inspection on the New York State Department of State’s wall with a precast concrete ramp. The dimensions of the ramp are website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/ twenty feet long by twelve feet wide. The project is located at County F-2018-0122Berg’sResidentialDocks.pdf Route 59 in the Town of Brownville, Jefferson County, New York on In F-2018-0122, or the “Berg’s Residential Docks, Jet Ski Floats & Lake Ontario. The stated purpose of the project is to “allow access to Boat Lift”, the applicant – James Berg – is proposing to install a 4’ the boat harbor while replacing the damaged wall”. wide by 25’ long dock and 4’ wide by 40’ long dock in a “L” Any interested parties and/or agencies desiring to express their configuration. In addition, the applicant proposes to install a four pile views concerning the above proposed activities may do so by filing boat lift and two jet ski floats. The project is located at 2 Dorsett Lane their comments, in writing, no later than 4:30 p.m., 15 days from the in the Town of Babylon, Suffolk County, New York on Carll’s River. date of publication of this notice, or, June 7, 2018. The stated purpose of the project is to “enhance recreational mooring Comments should be addressed to the Consistency Review Unit, at private residence”. Department of State, Planning, Development and Community Infra- Any interested parties and/or agencies desiring to express their structure, One Commerce Plaza, 99 Washington Ave., Albany, NY views concerning the above proposed activities may do so by filing 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submissions their comments, in writing, no later than 4:30 p.m., 15 days from the can be made by email at: [email protected] date of publication of this notice, or, June 7, 2018. This notice is promulgated in accordance with Title 15, Code of Comments should be addressed to the Consistency Review Unit, Federal Regulations, Part 930. Department of State, Planning, Development and Community Infra- structure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submissions PUBLIC NOTICE can be made by email at: [email protected] Department of State This notice is promulgated in accordance with Title 15, Code of F-2018-0099 Federal Regulations, Part 930. Date of Issuance – May 23, 2018 The New York State Department of State (DOS) is required by PUBLIC NOTICE Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of Department of State the Federal Coastal Zone Management Act of 1972, as amended. F-2018-0139 The applicant has certified that the proposed activity complies with Date of Issuance – May 23, 2018 and will be conducted in a manner consistent with the approved New The New York State Department of State (DOS) is required by York State Coastal Management Program. The applicant’s consis- Federal regulations to provide timely public notice for the activities tency certification and accompanying public information and data are described below, which are subject to the consistency provisions of available for inspection on the New York State Department of State’s the Federal Coastal Zone Management Act of 1972, as amended. website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/ The applicant has certified that the proposed activity complies with F-2018-0099IozzoBeachLevelDeck.pdf and will be conducted in a manner consistent with the approved New In F-2018-0099, or the “Private Recreational Deck at Beach Level”, York State Coastal Management Program. the applicants – Joseph & Samuela Iozzo – proposes to construct a 20 In F-2018-0139, Ms. Ann Krom, is proposing to repair the storm- foot by 32 foot beach level deck. The proposed beach level deck will damaged concrete bulkhead at 1296 Peconic Bay Boulevard in the serve as a foundation for a future proposed seasonal floater dock. The Town of Southold, Suffolk County. The applicant proposes to remove application states the beach level dock will adequately address the and replace an existing 97-linear foot concrete bulkhead with a new homeowner’s boat dockage requirements and will aid in keeping boats vinyl bulkhead along Great Peconic Bay. The new bulkhead would be safe from damaging wakes produced by commercial jet boats. The in-place of the existing structure, but the bulkhead height would be project is located at 957 River Road in the Village of Youngstown, Ni- raised 42 inches above existing to match the neighboring bulkhead to agara County, New York on the Lower Niagara River. The stated the west. A total of 41 linear feet of new vinyl bulkhead returns would purpose of the project is for “recreational use” and “building dockage be installed, with 6 linear feet proposed on the western property that works and keeps boats safe from damage”. boundary and 35 linear feet proposed on the eastern property boundary. Any interested parties and/or agencies desiring to express their Approximately 225 cubic yards of clean sand fill would be placed views concerning the above proposed activities may do so by filing behind the bulkhead to replenish sand lost due to storm erosion. New their comments, in writing, no later than 4:30 p.m., 30 days from the stairs to the beach would be installed that are 4-foot wide by 10-foot date of publication of this notice, or, June 22, 2018. long.

109 Miscellaneous Notices/Hearings NYS Register/May 23, 2018

This project is located within the coastal management area of the Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, Town of Southold Local Waterfront Revitalization Program (LWRP) NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submis- and is subject to consistency with the LWRP policies, which are avail- sions can be made by email at: [email protected] able for review at: https://docs.dos.ny.gov/opd-lwrp/LWRP/ This notice is promulgated in accordance with Title 15, Code of Southold_T/Index.html Federal Regulations, Part 930. The applicant’s consistency certification and supporting informa- tion are available for review at: http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/F-2018-0139_Application.pdf PUBLIC NOTICE Original copies of public information and data submitted by the ap- Department of State plicant are available for inspection at the Department of State offices F-2018-0332 located at One Commerce Plaza, 99 Washington Ave., Albany, NY. Date of Issuance – May 23, 2018 Any interested parties and/or agencies desiring to express their The New York State Department of State (DOS) is required by views concerning any of the above proposed activities may do so by Federal regulations to provide timely public notice for the activities filing their comments, in writing, no later than 4:30 p.m., 30 days from described below, which are subject to the consistency provisions of the date of publication of this notice, or, June 22, 2018. the Federal Coastal Zone Management Act of 1972, as amended. Comments should be addressed to the Consistency Review Unit, The applicant has certified that the proposed activity complies with Department of State, Office of Planning, Development & Community and will be conducted in a manner consistent with the approved New Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, York State Coastal Management Program. NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submis- In F-2018-0332, Crosslake Fiber USA, LP is proposing to construct sions can be made by email at: [email protected] and operate a 76.4-mile fiber-optic cable from the City of Toronto, This notice is promulgated in accordance with Title 15, Code of Ontario, Canada, to the City of Buffalo, New York. The stated purpose Federal Regulations, Part 930. of the project is to provide high-speed internet connectivity and reli- ability between Canada and United States markets. The underwater portion of the proposed route would cross Lake PUBLIC NOTICE Ontario from the shoreline of Ashbridges Bay Park, in the City of Department of State Toronto, to a residential property located along the shoreline of Lake F-2018-0197 Ontario at 4851 East Lake Road in the Town of Wilson, Niagara Date of Issuance – May 23, 2018 County. From the cable landing location at this residential property, The New York State Department of State (DOS) is required by the fiber-optic cable would be buried along existing local, county, and Federal regulations to provide timely public notice for the activities state road rights-of-way, and would extend south to a data center on described below, which are subject to the consistency provisions of Main Street in the City of Buffalo. the Federal Coastal Zone Management Act of 1972, as amended. The applicant’s consistency certification and selected supporting in- The applicant has certified that the proposed activity complies with formation are available for review at: http://www.dos.ny.gov/opd/ and will be conducted in a manner consistent with the approved New programs/pdfs/Consistency/F-2018-0332_CrosslakeApplica- York State Coastal Management Program. tion_Partial.pdf In F-2018-0197, Mr. Ryan Stork, is proposing to repair the storm- Additional public information and data submitted by the applicant damaged concrete seawall at 1140 Park Avenue in the Town of are available for inspection at the New York State Department of State Southold, Suffolk County. The applicant proposes to construct a vinyl offices located at One Commerce Plaza, 99 Washington Avenue, in bulkhead and return in place of an approximately 168-linear foot Albany, New York. storm-damaged concrete seawall along Great Peconic Bay and a 68- Any interested parties and/or agencies desiring to express their linear foot concrete return along the western property boundary. A views concerning any of the above proposed activities may do so by new, 7-linear foot vinyl bulkhead return would be constructed along filing their comments, in writing, no later than 4:30 p.m., 30 days from the eastern property boundary. Approximately 51 linear feet of exist- the date of publication of this notice, or June 22, 2018. ing timber retaining wall landward of the bulkhead would be repaired. Comments should be addressed to the Consistency Review Unit, The area upland of the bulkhead would be backfilled and nourished Department of State, Office of Planning, Development & Community with approximately 240 cubic yards of clean sand fill. The existing, Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, storm-damaged gazebo would be repaired by replacing exterior sid- NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submis- ing, finishes, and flooring. Damaged concrete stairs would be replaced sions can be made by email at: [email protected] with timber stairs leading from the top of bank to the bulkhead. Exist- This notice is promulgated in accordance with Title 15, Code of ing metal stairs would be removed and re-set (in-place) on the new Federal Regulations, Part 930. bulkhead. This project is located within the coastal management area of the Town of Southold Local Waterfront Revitalization Program (LWRP) PUBLIC NOTICE and is subject to consistency with the LWRP policies, which are avail- Department of State able for review at: https://docs.dos.ny.gov/opd-lwrp/LWRP/ F-2018-0408 Southold_T/Index.html Date of Issuance – May 23, 2018 The applicant’s consistency certification and supporting informa- The New York State Department of State (DOS) is required by tion are available for review at: http://www.dos.ny.gov/opd/programs/ Federal regulations to provide timely public notice for the activities pdfs/Consistency/F-2018-0197_Application.pdf described below, which are subject to the consistency provisions of Original copies of public information and data submitted by the ap- the Federal Coastal Zone Management Act of 1972, as amended. plicant are available for inspection at the New York State Department The applicant has certified that the proposed activity complies with of State offices located at One Commerce Plaza, 99 Washington Ave- and will be conducted in a manner consistent with the approved New nue, in Albany, New York. York State Coastal Management Program. Any interested parties and/or agencies desiring to express their In F-2018-0408, New York State Office of Parks, Recreation, and views concerning any of the above proposed activities may do so by Historic Preservation (OPRHP) is proposing the East River Marsh filing their comments, in writing, no later than 4:30 p.m., 30 days from Habitat Enhancement Project at Beaver Island State Park in the Town the date of publication of this notice, or, June 22, 2018. of Grand Island, Erie County. The project is located in and along the Comments should be addressed to the Consistency Review Unit, Niagara River. The stated purpose of the proposed activity is to Department of State, Office of Planning, Development & Community enhance aquatic habitat function and increase the net quantity and

110 NYS Register/May 23, 2018 Miscellaneous Notices/Hearings quality of the aquatic ecosystem within the project area in the Beaver A with a combination of multibeam echo sounders and side scan sonar. Island State Park in three distinct areas: littoral habitat of the Niagara Coast Survey will also collect bottom samples with a small grab River, an embayment within an abandoned ferry slip, and an off- sampler. In the course of the project, Coast Survey will follow a series channel pond/channel area. of Best Management Practices (BMPs) to reduce or eliminate potential Project activities include: installing five barrier islands/rock reefs in impacts to the environment. These BMPs are listed in Appendix C. the Niagara River parallel to the unprotected shoreline and im- Overall, the operation of one or more vessels, the use of high- mediately upstream of the previous East River Wetlands Enhancement frequency echo sounders, the collection of bottom samples, and the Project; increasing the depth profile of an existing, shallow channel use of a CTD instrument is not expected to have a noticeable effect on and off-channel pond area; deepening the remnants of an existing ferry the New York coastal zone. The increase to local maritime traffic slip and installing fish attraction structures; installing shoreline protec- would not be noticeable. Air emissions and discharges from the vessel tion in the form of heavy stone and cabled logs in some locations; and would be minor, consistent with other marine traffic, and in compli- planting emergent vegetation (EV) and submerged aquatic vegetation ance with relevant laws such as the Clean Air Act and the Clean Water (SAV) around the rock reefs and in some of the excavated areas. Act. The impacts to the sea floor from collecting a small number of 6” The proposed activity would be undertaken within the State- by 6” grab samples is negligible. designated Significant Coastal Fish and Wildlife Habitat (SCFWH) NOAA’s consistency determination can be found at: http:// unit of Strawberry Island-Motor Island Shallows. Additional informa- www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0415 tion on this habitat is available at: https://www.dos.ny.gov/opd/ (DA)_Application.pdf programs/consistency/Habitats/GreatLakes/Strawberry_ The NOAA Office of Coast Survey evaluated the effects of this Island_Motor_Island.pdf national program in a Programmatic Environmental Assessment published in 2013. That document and a Finding of No Significant The applicant’s consistency certification and supporting informa- Impact are available at: https://www.nauticalcharts.noaa.gov/about/ tion are available for review at: http://www.dos.ny.gov/opd/programs/ regulations-and-policies.html pdfs/Consistency/F-2018-0408_Application.pdf The proposed activity would be undertaken within the following Original copies of public information and data submitted by the ap- units of State-designated Significant Coastal Fish and Wildlife Habitat plicant are available for inspection at the New York State Department (SCFWH), and descriptions of these habitats can be viewed on DOS’ of State offices located at One Commerce Plaza, 99 Washington Ave- website at: nue, in Albany, New York. - Moriches Bay https://www.dos.ny.gov/opd/programs/consistency/ Any interested parties and/or agencies desiring to express their Habitats/LongIsland/Moriches_Bay.pdf views concerning any of the above proposed activities may do so by - Shinnecock Bay https://www.dos.ny.gov/opd/programs/ filing their comments, in writing, no later than 4:30 p.m., 30 days from consistency/Habitats/LongIsland/Shinnecock_Bay.pdf the date of publication of this notice, or June 22, 2018. - Dune Road Marsh https://www.dos.ny.gov/opd/programs/ Comments should be addressed to the Consistency Review Unit, consistency/Habitats/LongIsland/Dune_Road_Marsh.pdf Department of State, Office of Planning, Development & Community Any interested parties and/or agencies desiring to express their Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, views concerning any of the above proposed activities may do so by NY 12231, (518) 474-6000; Fax (518) 473-2464. Electronic submis- filing their comments, in writing, no later than 4:30 p.m., 30 days from sions can be made by email at: [email protected] the date of publication of this notice, or June 22, 2018. This notice is promulgated in accordance with Title 15, Code of Comments should be addressed to the Department of State, Office Federal Regulations, Part 930. of Planning, Development & Community Infrastructure, One Com- merce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000; PUBLIC NOTICE Fax (518) 473-2464. Electronic submissions can be made by email at: Department of State [email protected] F-2018-0415 (DA) This notice is promulgated in accordance with Title 15, Code of Date of Issuance – May 23, 2018 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 PUBLIC NOTICE described below, which are subject to the consistency provisions of Department of State the Federal Coastal Zone Management Act of 1972, as amended. Uniform Code Variance/Appeal Petitions A federal agency has determined that the proposed activity complies Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions with and will be conducted in a manner consistent to the maximum below have been received by the Department of State. Unless other- extent practicable with the approved New York State Coastal Manage- wise indicated, they involve requests for relief from provisions of the ment Program. The agency’s consistency determination and ac- New York State Uniform Fire Preventions and Building Code. Persons companying public information and data are available for inspection wishing to review any petitions, provide comments, or receive actual at the New York State Department of State offices located at One Com- notices of any subsequent proceeding may contact Brian Tollisen or merce Plaza, 99 Washington Avenue, in Albany, New York. Neil Collier, Building Standards and Codes, Department of State, One In F-2018-0415(DA), the National Oceanic and Atmospheric Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Administration (NOAA) proposes to conduct hydrographic surveys 4073 to make appropriate arrangements. and sediment grabs in the Hudson River located in Rockland and 2018-0129 Matter of Joseph R. Krupa 1246 Route 3, P.O. Box 762, Westchester counties, and in Shinnecock Bay and Moriches Bay lo- Plattsburgh, NY for a variance concerning the Uniform Code’s cated in Suffolk County. The stated purpose of the project is to update requirement to install a sprinkler system in two new buildings that data in the U.S. Nautical Charts. will be used as bunkhouses. The subject buildings contain R-2 oc- NOAA has provided the following statements in the submitted con- cupancies and are located on a parcel of land known as “Ariel’s Camp sistency determination: Shoshanah” which is located at 838 Trout Pond Rd., Town of Chester- The National Oceanic and Atmospheric Administration’s Office of field, County of Essex, State of New York. Coast Survey plans to conduct the hydrographic survey of a 26-square 2018-0191 Matter of Steven Mcnally, Supervisor, P.O. Box 937, nautical mile area in the Hudson River, Shinnecock Bay and Moriches Minerva, NY 12851 for a variance concerning the Uniform Code’s Bay. The project will begin on or about July, ending around September. requirement to install a sprinkler system in a new senior citizen’s The Navigation Response Team 5 will leave port and proceed to the center building. The subject building contains both A-2 and A-3 as- survey location shown in Appendix A. In the course of the project, the sembly occupancies. The building is located at Five Morse Memorial Navigation Response Team 5 will survey the area shown in Appendix Rd., Town of Minerva, County of Essex, State of New York.

111 Miscellaneous Notices/Hearings NYS Register/May 23, 2018

2018-0169 Matter of Stephanie Dillalo Bitter, with the Law Firm of For the interest rates applicable to overpayments (refunds) and Bartlett, Pontiff, Stewart & Rhodes, P.C., One Washington Street, underpayments (late payments and assessments) of the following taxes Glens Falls, NY for a variance concerning the Uniform Code’s require- administered by the Commissioner of Taxation and Finance for the ment for the installation of a barrier around a swimming pool. The period July 1, 2018 through September 30, 2018, see the table below: subject pool will be located at a residence located at 40 North Rd., Town of Queensbury, County of Warren, State of New York. 7/1/18 - 9/30/18 Interest Rate Per Annum PUBLIC NOTICE Compounded Daily Department of State Commonly viewed tax types Refunds Late Payments Uniform Code Variance / Appeal Petitions & Assessments Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions Income ** 4% 7.5% below have been received by the Department of State. Unless other- wise indicated, they involve requests for relief from provisions of the Sales and use 4% 14.5% * New York State Uniform Fire Prevention and Building Code. Persons Withholding 4% 9% wishing to review any petitions, provide comments, or receive actual Corporation ** 4% 9% notices of any subsequent proceeding may contact Brian Tollisen or All other tax types Refunds Late Payments Neil Collier, Building Standards and Codes, Department of State, One & Assessments Commerce Plaza, 99 Washington Ave., Albany, N.Y. 12231, (518) 474-4073 to make appropriate arrangements. Alcoholic Beverage 4% 9% 2018-0228 In the matter of David Lust, 708 Tilden Avenue, Utica, Authorized Combative Sports 4% 9% NY for a variance concerning requirements for a fire rated cellar Beverage Container Deposits 4% 9% ceiling. Cigarette NA 9% Involved is an existing Multiple Residence occupancy, three stories Diesel Motor Fuel 4% 9% in height, located at 708 Tilden Avenue, City of Utica, County of Estate 4% 7.5% Oneida, New York. Fuel Use Tax *** *** 2018-0237 In the matter of Dry-Lyn, LLC, Herman Sieverding, 15 Thornwood Drive, P.O. Box 4860, Ithaca, NY for a variance concern- Generation-Skipping Transfer 4% 7.5% ing requirements to allow a reduction in width of an aerial fire appara- Hazardous Waste 4% 15% tus access road. Highway Use 4% 9% Involved is the construction of residential (apartment) occupancy, Medical Marihuana 4% 9% known as “238 Linden Housing”, four stories in height, located at 238 New York City Taxicab and Hail 4% 9% Linden Avenue, City of Ithaca, County of Tompkins, New York. Vehicle Trip Tax Metropolitan Commuter 4% 7.5% PUBLIC NOTICE Transportation Mobility Tax Department of State Mortgage Recording 4% 9% Uniform Code Variance / Appeal Petitions Motor Fuel 4% 9% Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions Petroleum Business 4% 9% below have been received by the Department of State. Unless other- Real Estate Transfer 4% 9% wise indicated, they involve requests for relief from provisions of the Tobacco Products NA 9% New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual Transportation Network 4% 9% Company Assessment notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Waste Tire Fee 4% 9% Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Wireless Communications Sur- 4% 14.5%* 4073 to make appropriate arrangements. charge 2018-0229 Matter of Unifrax Inc. located at 55 Pirson Parkway, Town of Tonawanda (Erie County), NY, for a variance concerning ac- * The Tax Law requires the interest rate on sales tax assessments or cessibility requirements. late payments to be set at 14-1/2% for this quarter. However, if the Commissioner determines that the failure to pay or the delay in pay- ment is due to reasonable cause and not willful neglect, the Commis- PUBLIC NOTICE sioner may impose interest at the corporation tax late payment and as- Department of Taxation and Finance sessment rate. That rate is 9% for this quarter. Interest Rates ** There are a number of state and local governmental bodies that have interest rates tied to the overpayment and underpayment rates The Commissioner of Taxation and Finance hereby sets the interest contained in either section 697(j) (Income Tax) or section 1096(e) rates for the months of July, August, September, 2018 pursuant to sec- (Corporation Tax) of the Tax Law. For purposes of section 697(j) and tions 697(j) and 1096(e) of the Tax Law, as follows: section 1096(e) of the Tax Law, the overpayment rate for this period is For purposes of section 697(j) the overpayment rate of interest is 4%. For purposes of section 697(j) of the Tax Law, the underpayment set at 4 percent per annum, and the underpayment rate of interest is set rate for this period is 7.5%. For purposes of section 1096(e) of the Tax at 7.5 percent per annum. For purposes of section 1096(e), the over- Law, the underpayment rate for this period is 9%. payment rate of interest is set at 4 percent per annum, and the *** Under section 527(f) of the Tax Law, the interest rates relating underpayment rate of interest is set at 9 percent per annum. (The to the Fuel Use tax are set pursuant to the International Fuel Tax Agree- underpayment rates set pursuant to sections 697(j) and 1096(e) may ment (IFTA). For more information regarding IFTA interest rates, see not be less than 7.5 percent per annum.) Pursuant to section 1145(a)(1) www.iftach.org. of the Tax Law, the underpayment rate for State and local sales and For further information contact: Kathleen O’Connell, Office of use taxes administered by the Commissioner of Taxation and Finance Counsel, Department of Taxation and Finance, W. A. Harriman is 14.5 percent per annum. The underpayment rate for the special as- Campus, Albany, NY 12227, (518) 530-4153 sessments on hazardous waste imposed by section 27-0923 of the For rates for previous periods, visit the Department of Taxation and Environmental Conservation Law is 15 percent. Finance website: www.tax.ny.gov/taxnews/int_curr.htm

112 COURT NOTICES AMENDMENT OF RULE (b) Appeals or Transferred Matters – Service of Notice of Appellate Supreme Court, Appellate Division Case or Docket Number. In any matter described in subdivision (a), counsel for the appellant or the petitioner, unless an exempt attorney, The Judicial Departments of the Appellate Division of the New shall within seven days of receipt from the court of an appellate case York State Supreme Court, pursuant to the authority vested in them, do hereby promulgate Part 1245 of Title 22 of the Official Compila- or docket number for the matter: tion of Codes, Rules and Regulations of the State of New York, entitled (1) serve upon all parties in hard copy as provided by CPLR 2103 AElectronic Filing Rules of the Appellate Division,@ attached hereto notification of that case or docket number, together with other as Exh. A, effective March 1, 2018. pertinent information about the case and such documents as the court Electronic Filing Rules of the Appellate Division shall require, on a form approved by the Appellate Division; and 1245.1. Definitions. (2) e-file proof of service of this notification. For purposes of this section: (c) Original Proceedings – Commencement by Electronic Filing. (a) The term “NYSCEF” shall mean the New York State Courts Unless an exempt attorney, counsel for a petitioner commencing an Electronic Filing System, and the “NYSCEF site” shall mean the New original proceeding of a type designated by the Appellate Division for York State Courts Electronic Filing System website located at e-filing shall: www.nycourts.gov/efile. (1) register or confirm registration as an authorized e-filer with (b) The phrase “authorized e-filer” shall mean a person who has NYSCEF; registered as an authorized e-filing user with the NYSCEF system pur- (2) e-file the notice of petition (or order to show cause), petition suant to 22 NYCRR 202.5-b(c). and supporting documents; (c) Any reference to the “court” or the “Appellate Division” means (3) obtain from the court a case or docket number for the matter; the Appellate Division of the Supreme Court of the State of New York and for the Judicial Department having jurisdiction over the cause or mat- (4) serve upon all parties in hard copy as provided in CPLR 2103 ter; any reference to the “clerk” means the clerk of that court or a and court rule designee, unless the context of usage indicates the clerk of another (i) the notice of petition (or order to show cause), petition and court. supporting documents; and (d) The word “cause” or “matter” includes an appeal, a special (ii) on a form approved by the Appellate Division, notification proceeding transferred to the Appellate Division pursuant to CPLR of the case or docket number; and 7804(g), a special proceeding initiated in the Appellate Division, and (5) e-file proof of service of the submissions specified in subsec- an action submitted to the Appellate Division pursuant to CPLR 3222 tion (4). on a case containing an agreed statement of facts upon which the (d) Entry of Information by Respondents and Other Parties. Within controversy depends. 20 days of service of the notification of the case or docket number as (e) The word “document” shall mean a brief, motion, application, required in subdivision (b) or (c), counsel of record to each other party record, appendix, or any other paper relating to a cause or matter. to the matter, unless an exempt attorney, shall: “Document” shall not include correspondence, other than letter (1) register or confirm registration as an authorized e-filer with applications. NYSCEF; and (f) The phrase “electronically file” or “e-file” shall mean the filing (2) enter electronically in NYSCEF such contact information and and service of a document in a cause or matter by electronic means additional information as the court may require. through the NYSCEF site. (e) Designation of Other Persons and Electronic Filing Agents. (g) The phrase “hard copy” shall mean a document in paper format. (1) An authorized e-filer may designate another person to e-file a (h) The phrase “exempt litigant” or “exempt attorney” shall mean, document on his or her behalf using the authorized e-filer’s user respectively, an individual or attorney who is exempt from e-filing identification and password, but shall retain full responsibility for any pursuant to section 1245.4 of this Part. such e-filed document. 1245.2. Designation of Case Types Subject to E-filing. (2) Designation of an electronic filing agent. An authorized e-filer The court may designate e-filing in such cases and case types as it may designate another person or entity, including an appellate printer, deems appropriate. to e-file documents on his or her behalf as a filing agent if that agent is 1245.3. Entry of Initial Information for Electronic Filing. also an authorized e-filer. Such filing agent shall e-file a statement of (a) Appeals or Transferred Matters – Entry of Contact Information. authorization, in a form approved by the Appellate Division, prior to In any appeal or transferred proceeding of a type designated by the or together with the first e-filing in that action by the agent. The Appellate Division for e-filing, counsel for the appellant or the principal authorized e-filer shall retain full responsibility for any doc- petitioner, unless an exempt attorney, shall within 14 days of filing of ument e-filed by such filing agent. a notice of appeal, or entry of an order granting leave to appeal, or 1245.4. Exemptions of Certain Persons from Electronic Filing. entry of an order transferring a matter to the Appellate Division: (a) Personal Exemptions. The following persons are exempt from (1) register or confirm registration as an authorized e-filer with e-filing, and shall file, serve and be served in hard copy: NYSCEF; and (1) “exempt litigants,” who shall be unrepresented litigants other (2) enter electronically in NYSCEF such information about the than litigants who voluntarily participate in e-filing as set forth in cause and parties, and e-file such documents, as the court shall require. subdivision (d); and

113 Court Notices NYS Register/May 23, 2018

(2) “exempt attorneys,” who shall be attorneys who certify in and Exempt Litigants. Exempt attorneys and exempt litigants filing good faith, on a form provided by the Appellate Division, that they and serving documents in hard copy shall additionally file, together lack either (i) the computer hardware and/or connection to the internet with the bound copy or copies of the document in such number as and/or scanner or other device by which documents may be converted required by court rule, a single unbound copy of the filing, containing to an electronic format; or (ii) the requisite knowledge in the operation no staples or binding other than easily removable clips or rubber bands. of such computers and/or scanners necessary to participate, pursuant (c) Motions and Applications Seeking Emergency Relief. Where a to CPLR 2111(b)(3)(A) or (B). Such certification shall be served on motion or application seeks interim or emergency relief, the court may all parties and filed with the court in hard copy. permit the initial submissions of a party or parties to be filed and (b) Notice of Hard Copy Filing. An exempt attorney shall include served in hard copy, and e-filed thereafter. All such filings, other than with each document filed in hard copy in an e-filed matter a notice of filings by an exempt litigant, shall be accompanied by a notice of hard hard copy filing on a form provided by the court. copy submission on a form approved by the Appellate Division. (c) Entry of Information the Other Parties. The court may direct an- (d) Technical Failure. other party to scan and upload documents filed in hard copy by an (1) If the NYSCEF site is subject to technical failure pursuant to exempt attorney or exempt litigant, and to enter additional case infor- 22 NYCRR 202.5-b(i), authorized e-filers shall file and serve docu- mation in NYSCEF. ments in hard copy and e-file those documents within three business (d) Voluntary Participation. A pro se or unrepresented litigant may days after restoration of normal operations at that site. voluntarily participate in e-filing in a cause or matter by: (2) If an authorized e-filer is unable to e-file a document because (1) recording his or her consent electronically in the manner of technical problems with his or her computer equipment or internet provided at the NYSCEF site; connection, the e-filer shall file and serve the document in hard copy, (2) registering as an authorized e-filer with the NYSCEF site, and together with a notice of hard copy submission in a form approved by entering case and contact information about the particular cause; and the Appellate Division, and shall e-file those documents within three (3) e-filing documents as provided under this Part. business days thereafter. (e) Withdrawal of Consent. An unrepresented litigant who has 1245.7. Timeliness of Filing and Service; Rejection by Clerk. consented to participate voluntarily in e-filing in a matter may (a) Filing of E-filed documents. For purposes of timeliness under a withdraw such consent at any time by filing and serving on all parties statute or court rule or directive, an e-filed document is deemed filed a notice of intent to cease e-filing, on a form provided by the Appellate when: Division. (1) the document has been electronically transmitted to the 1245.5. Electronic Filing and Service. NYSCEF site; and (a) All authorized e-filers who have entered information for a par- (2) the appropriate fee, if any, has been paid to the court either ticular cause as set forth in sections 1245.3(a), (c) or (d) or 1245.4(d) through the NYSCEF site or, where permitted, by delivery to the of- of this Part shall thereafter e-file and be served electronically in that fice of the Clerk. matter. (b) Service of E-filed Documents. Upon receipt of an e-filed docu- (b) Prior to the expiration of the 20-day period for entry of informa- ment and appropriate fee, if any, NYSCEF shall immediately notify tion described in section 1245.3(d) of this Part, filing and service of all e-filers in the matter of the receipt and location of the document. documents by, and service upon, parties who have not entered such in- For purposes of timeliness of service under a statute or court rule, at formation shall be in hard copy. the issuance of such notification the document shall be deemed served (c) Upon expiration of the 20-day period for entry of information upon all parties other than exempt attorneys and exempt litigants. described in section 1245.3(d) of this Part, service and filing by and (c) Rejection by the Clerk. An e-filed document deemed filed for upon all parties other than exempt attorneys and exempt litigants shall purposes of timeliness under this Part may thereafter be reviewed and be by e-filing. Thereafter, an attorney who has neither entered infor- rejected by the Clerk for any reason provided by this Part or any ap- mation nor given notice as an exempt attorney pursuant to section plicable statute, rule or order, or as otherwise unsuitable for filing. 1245.4(a)(2) of this Part shall be deemed served with any e-filed (d) Hard Copy Filing or Service. The timeliness of service or filing document. in hard copy pursuant to these rules shall be as provided by statute or (d) At all times, service by and upon, and filing by, exempt attorneys court directive. and exempt litigants shall be in hard copy. E-filers shall e-file proof of 1245.8. Confidentiality; Sealed Documents; Redaction. any service made in hard copy. E-filed matters deemed confidential by statute or court directive, as (e) Site Instructions. Technical instructions for e-filing documents well as sealed documents or documents that are the subject of an ap- shall be set forth on the NYSCEF site (www.nycourts.gov/efile). plication to seal in an e-filed matter, shall be filed and maintained on (f) Formatting. In addition to compliance with the court’s general the NYSCEF site in a manner that precludes viewing by the public rules for document formatting, e-filed documents filed pursuant to this and such other persons as the case may require. In all matters, autho- Part shall comply with the formatting requirements set forth in attach- rized e-filers shall attest to compliance with statutory redaction ment A. requirements (e.g., General Business Law § 399-ddd) and relevant 1245.6. Hard Copy Filing and Service. sealing requirements in filings. (a) Filing of Additional Hard Copies. 1245.9. Authorized Record; Scanning of Documents by Clerk. (1) Unless otherwise directed by the court, authorized e-filers (a) The court may deem documents e-filed or uploaded by the par- shall, in addition to submitting electronic filings, file hard copies of ties to be the official record of a cause or matter. documents as follows: (b) The clerk may scan and upload hard copy filings in a cause, and (i) appellate briefs, records, appendices, agreed statements in may deem such uploaded documents to be the official record copy of lieu of record: one original and five copies. the filing. (ii) papers in original proceedings, transferred proceedings, 1245.10. Rejection of Non-Compliant Documents; Modification of motions, applications: such number as required by court rule in mat- Electronic Filing Procedures. ters not subject to e-filing. (a) Rejection of Documents. The clerk may refuse to accept for fil- (2) Authorized e-filers shall delay the filing of such additional ing or e-filing any document that does not comply with this Part or hard copies of documents until receipt of email notification that the any applicable statute, rule or order, or is otherwise unsuitable for fil- clerk has reviewed and approved the electronic version of the docu- ing, and may direct that the document be refiled. ment, and shall file the hard copies within two business days of such (b) Modification of Procedures. The court or its designee may at notification. A failure to file such additional hard copies of documents any time modify or discontinue e-filing in a matter for good cause shall cause the filing to be deemed incomplete. shown. (b) Filing of Unbound Copy of Documents by Exempt Attorneys ATTACHMENT A

114 NYS Register/May 23, 2018 Court Notices

Formatting Requirements for Documents Electronically Filed 1. General. In addition to compliance with the court’s general rules for document formatting, e-filed documents filed pursuant to this Part shall a. be identical in content to the hard copy; b. comply with text searchable PDF archival format (PDF/A); c. contain bookmarks linking the tables of contents of briefs and records to the corresponding page of the document; d. be paginated to correspond to the hard copy; and e. be scanned at a resolution sufficient to ensure legibility. 2. Motions. Motion papers shall be filed together in one PDF docu- ment, which shall contain bookmarks linking to each separate motion document contained therein. [2.] 3. Multiple Volumes. Each volume of a multi-volume record or appendix shall be submitted as a separate e-filed document. [3.] 4. Corrections. Where the court directs filing of corrected docu- ments, such corrected documents shall be filed electronically and by hard copy. [4.] 5. PDF Initial View. The “initial view” of a PDF shall be the Bookmarks Panel and Page. [5.] 6. PDF File Size. E-filed documents shall each be no greater than 100MB in size. ======Please consult the electronic filing webpage of each Department of the Appellate Division for additional information about these format- ting requirements.

115