New York State Department of State

January 27, 2016 DEPARTMENT OF STATE Vol. XXXVIII Division of Administrative Rules Issue 4 Book1of2 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Annual Professional Performance Reviews of Classroom Teachers and Building Principals D English Language Arts (ELA) Graduation Requirements D Sanitary Condition of Shellfish Lands Rule Review Executive Orders Financial Reports

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

For notices published in this issue: – the 60-day period expires on March 27, 2016 – the 45-day period expires on March 12, 2016 – the 30-day period expires on February 26, 2016 ANDREW M. CUOMO GOVERNOR

CESAR A. PERALES SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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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 comments 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 address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings.

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

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

The Administrative Regulations Review Commission (ARRC) is charged with the task of reviewing newly proposed regulations to examine the 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 making action in progress or initiated within a calendar year. The Register costs $80 a year for a subscription mailed first class and $40 for periodical (second) class. Prepayment is required. To order, send a check or money order payable to the NYS Department of State to the following address:

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

New York State Register January 27, 2016/Volume XXXVIII, Issue 4

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 Civil Service, Department of 1 / Notice of expiration Education Department 1 / Annual Professional Performance Reviews of Classroom Teachers and Building Principals (E) 18 / English Language Arts (ELA) Graduation Requirements (E) 20 / Annual Professional Performance Reviews of Classroom Teachers and Building Principals (A) 20 / English Language Arts (ELA) Graduation Requirements (A) 21 / Continuing Education Requirements for Licensed Marriage and Family Therapists (A) 21 / Continuing Education Requirements for Licensed Creative Arts Therapists (A) 23 / Continuing Education Requirements for Licensed Mental Health Counselors (A) 23 / Continuing Education Requirements for Licensed Psychoanalysts (A) 24 / Procedures for State-Level Review of Impartial Hearing Officer Determinations Regarding Services for Students with Disabilities (P) 26 / New York State Seal of Biliteracy (P) Environmental Conservation, Department of 30 / Sanitary Condition of Shellfish Lands (E) Mental Health, Office of 33 / Visitation and Inspection of Facilities (A) Motor Vehicles, Department of 33 / Safety Hearings (P) 34 / International Registration Plan (P) Parks, Recreation and Historic Preservation, Office of 34 / Replaces Outdated Regional Hunting Regulations with a Statewide Regulation Establishing a Framework for Regional Hunting Permits (P) Public Service Commission 36 / Joint Petition of Time Warner and Charter (A) 36 / Whether Hamilton Municipal Utilities Should be Permitted to Construct and Operate a Municipal Gas Distribution Facility (P) 37 / Clean Energy Standard (P) 37 / Central Hudson's Remote Net Metering Qualification Requirements and Application Process for Farms (P) 38 / Proposed Revisions to Add and Clarify Provisions Related to Electric Generators Under SC No. 14 (P) 38 / Investigation That Certain Practices of Central Hudson Gas and Electric Corporation Resulted in Violations of HEFPA (P) 38 / Proposal to Mothball Three Gas Turbines Located at the Astoria Gas Turbine Generating Station (P) 39 / Proposal to Find That Three Gas Turbines Located at the Astoria Gas Turbine Generating Station Are Uneconomic (P) 39 / Extension of the Monetary Crediting Period to Thirty Years for Four Specified Photovoltaic Projects (P) 39 / Minor Electric Rate Filing (P) 40 / Identifies Prohibited Conduct, Consequences of Prohibited Conduct, and the Available Appeals Process (P) Hearings Schedule for Proposed Rule Makings /42 Action Pending Index /43

Rule Review 93 / Power Authority of the State of New York 93 / Taxation and Finance, Department of

Securities Offerings 95 / State Notices

Advertisements for Bidders/Contractors 97 / Sealed Bids

Miscellaneous Notices/Hearings 99 / Notice of Abandoned Property Received by the State Comptroller 99 / Notice of Annulment Of Dissolution of Certain Business Corporations 105 / Notice of Erroneous Inclusion In Dissolution By Proclamation of Certain Business Corporations 106 / Notice of Erroneous Inclusion In Annulment of Authority of Certain Foreign Corporations 106 / Notice of Cancellation Of Annulment of Authority of Certain Foreign Corporations 107 / Public Notice

Executive Orders 111 / Executive Order No. 151: Emergency Declaration Regarding Homelessness During Inclement Winter Weather.

Financial Reports / 113 RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists Statutory authority: Education Law, sections 101(not subdivided), 207(not subdivided), 215(not subdivided), 305(1), (2), 3009(1), 3012-c(1- of 13 characters. For example, the I.D. No. 10) and 3012-d(1-15); L. 2015, chs. 20 and 56, part EE, subparts D and E AAM-01-96-00001-E indicates the following: Finding of necessity for emergency rule: Preservation of general welfare. AAM -the abbreviation to identify the adopting agency Specific reasons underlying the finding of necessity: The proposed rule 01 -the State Register issue number is necessary to implement Education Law sections 3012-c and 3012-d, as amended and added by Subpart E of Part EE of Chapter 56 of the Laws of 96 -the year 2015, regarding annual professional performance reviews (APPRs) of 00001 -the Department of State number, assigned upon classroom teachers and building principals. receipt of notice. The proposed amendment was adopted by emergency action at the June 15-16, 2015 Board of Regents meeting. A Notice of Proposed Rule Mak- E -Emergency Rule Making—permanent action ing was published in the State Register on July 8, 2015. The Department not intended (This character could also be: A subsequently revised the proposed rule to address public comment for Adoption; P for Proposed Rule Making; RP received. A Notice of Revised Rule Making was published in the State Register on October 7, 2015. The Board of Regents adopted the revised for Revised Rule Making; EP for a combined rule as an emergency measure at its September and November meetings, Emergency and Proposed Rule Making; EA for effective September 28, 2015 and November 27, 2015. Since the Board of an Emergency Rule Making that is permanent Regents meets at fixed intervals, the earliest the proposed rule can be presented for regular (non-emergency) adoption, would be the January 11-12, and does not expire 90 days after filing.) 2016 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed rule, if adopted at the January Italics contained in text denote new material. Brackets meeting, would be January 27, 2016, the date a Notice of Adoption would indicate material to be deleted. be published in the State Register. However, the November emergency rule will expire on January 22, 2016, 60 days after its filing with the Department of State. Emergency action is therefore necessary for the preservation of the general welfare to ensure that the proposed amendment adopted by emergency action at the June Regents meeting and revised at the September and November 2015 Department of Civil Service Regents meetings, remains continuously in effect until the effective date of its permanent adoption in order to timely implement provisions of Subpart E of Part EE of Chapter 56 of the Laws of 2015 relating to a new NOTICE OF EXPIRATION annual evaluation system for classroom teachers and building principals. The following notice has expired and cannot be reconsidered un- Subject: Annual Professional Performance Reviews of Classroom Teach- less the Department of Civil Service publishes a new notice of ers and Building Principals. proposed rule making in the NYS Register. Purpose: To Implement subparts D and E of part EE of chapters 20 and 56 of the Laws of 2015. Jurisdictional Classification Text of emergency rule: 1. Subparagraph (ii) of paragraph (1) of section I.D. No. Proposed Expiration Date 100.2(o) of the Commissioner’s regulations is amended, effective January CVS-01-15-00023-P January 7, 2015 January 7, 2016 23, 2016, to read as follows: (ii) Annual review. The governing body of each school district and BOCES shall ensure that the performance of all teachers providing instructional services or pupil personnel services, as defined in section 80- 1.1 of this Title, is reviewed annually in accordance with this subdivision, Education Department except evening school teachers of adults enrolled in nonacademic, vocational subjects; and supplementary school personnel, as defined in section 80-5.6 of this Title, and any classroom teacher subject to the evalu- EMERGENCY ation requirements prescribed in [Subpart] Subparts 30-2 and 30-3 of this Title. RULE MAKING 2. The title of Subpart 30-2 of the Rules of the Board of Regents is amended effective January 23, 2016, to read as follows: Annual Professional Performance Reviews of Classroom SUBPART 30-2 Teachers and Building Principals ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF I.D. No. EDU-27-15-00019-E CLASSROOM TEACHERS AND BUILDING PRINCIPALS Filing No. 62 CONDUCTED PRIOR TO THE 2015-2016 SCHOOL YEAR OR FOR Filing Date: 2016-01-12 ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT Effective Date: 2016-01-23 ENTERED INTO ON OR BEFORE APRIL 1, 2015 WHICH REMAINS IN EFFECT ON OR AFTER APRIL 1, 2015 UNTIL A SUBSEQUENT PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- AGREEMENT IS REACHED cedure Act, NOTICE is hereby given of the following action: 3. Subdivision (b) of section 30-2.1 of the Rules of the Board of Regents Action taken: Amendment of section 100.2(o) and Subpart 30-2; and ad- is amended, effective January 23, 2016, to read as follows: dition of Subpart 30-3 to Title 8 NYCRR. (b) For annual professional performance reviews conducted by school

1 Rule Making Activities NYS Register/January 27, 2016 districts or BOCES [in] from the 2012-2013 school year [and any school pursuant to Education Law sections 3020-a and 3020-b or any locally year thereafter] through the 2015-2016 school year or for any annual negotiated alternate disciplinary procedure until the appeal process is professional performance review conducted pursuant to a collective concluded. bargaining agreement entered into on or before April 1, 2015 that remains (e) Nothing in this section shall be construed to alter or diminish the in effect on and after April 1, 2015 until a successor agreement is reached, authority of the governing body of a district to grant or deny tenure to or the governing body of each school district and BOCES shall ensure that terminate probationary teachers or probationary building principals dur- the reviews of all classroom teachers and building principals are conducted ing the pendency of an appeal pursuant to this section for statutorily and in accordance with the requirements of section 3012-c of the Education constitutionally permissible reasons, including the teacher’s/principal’s Law and the provisions of this Subpart. performance that is the subject of the appeal. 4. Subdivision (d) of section 30-2.1 of the Rules of the Board of Regents (f) Nothing in this Subpart shall be construed to authorize a teacher/ is amended, effective January 23, 2016, to read as follows: principal to commence the appeal process prior to receipt of his/her over- (d) Annual professional performance reviews of classroom teachers and all rating from the district/BOCES. building principals conducted pursuant to this Subpart shall be a signifi- (g) During the pendency of an appeal under this section, nothing shall cant factor for employment decisions, including but not limited to, promo- be construed to alter the obligation of a school district/BOCES to develop tion, retention, tenure determinations, termination and supplemental compensation, in accordance with Education Law § 3012-c(1). Nothing in and implement a teacher improvement plan or principal improvement this Subpart shall be construed to affect the unfettered statutory right of a plan during the pendency of an appeal. school district or BOCES to terminate a probationary teacher or principal (h) Nothing in this section shall be construed to limit any rights of a for any statutorily and constitutionally permissible reasons [other than the teacher/principal under section 30-2.11 of this Subpart. performance of the teacher or principal in the classroom or school,] includ- (i) Notwithstanding any other provision of rule or regulation to the con- ing but not limited to misconduct, and until a tenure decision is made, the trary, a high school principal of a building that includes at least all of performance of the teacher or principal in the classroom or school.[For grades 9-12 who meets either of the criteria in paragraphs (1) or (2) of purposes of this subdivision, Education Law § 3012-c(1) and (5)(b), per- this subdivision shall not receive a State-provided growth score and shall formance shall mean a teacher’s or principal’s overall composite rating instead use back-up SLOs: pursuant to an annual professional performance review conducted under (1) the principal would be rated Ineffective or Developing on the this Subpart.] State-provided growth score but the graduation rate of the students in that 5. Subdivision (c) of section 30-2.11 of the Rules of the Board of school building exceeded 90%, and the proportion of the student popula- Regents is amended, effective January 23, 2016, to read as follows: tion included in either the ELA Regents Median Growth Percentile or the (c) Nothing in this section shall be construed to alter or diminish the Algebra Regents Median Growth Percentile was less than ten percent of authority of the governing body of a school district or BOCES to grant or the total enrollment for the school; or the principal deny tenure to or terminate probationary teachers or probationary building (2) has no Combined Median Growth Percentile rating or score, and principals during the pendency of an appeal pursuant to this section for the proportion of the student population included in the ELA Regents statutorily and constitutionally permissible reasons [other than] including Median Growth Percentile and Algebra Regents Median Growth Percen- the teacher’s or principal’s performance that is the subject of the appeal. tile was less than five percent of the total enrollment for the school in one 6. A new section 30-2.13 of the Rules of the Board of Regents is added, subject, and less than ten percent of the total enrollment in the other effective January 23, 2016, to read as follows: subject. § 30-2.13. Challenges to State-Provided Growth Score Results for the (3) If a back-up SLO was not developed, then the principal’s overall 2014-2015 School Year and Thereafter. composite score and rating shall be based on the remaining portions of (a) A teacher/principal shall have the right to challenge their State- their annual professional performance review. provided growth score under this Subpart; provided that the teacher/ 7. A new Subpart 30-3 of the Rules of the Board of Regents shall be principal provides sufficient documentation that he/she meets at least one added, effective January 23, 2016, to read as follows: of the following criteria in their annual evaluation: SUBPART 30-3 (1) a teacher/principal was rated Ineffective on his/her State- ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF provided growth score and Highly Effective on the other measures of CLASSROOM TEACHERS AND BUILDING PRINCIPALS FOR THE teacher/leader effectiveness subcomponent in the current year and was 2015-2016 SCHOOL YEAR AND THEREAFTER rated either Effective or Highly Effective on his/her State-provided growth § 30-3.1 Applicability. score in the previous year; or (a) For annual professional performance reviews conducted by districts (2) a high school principal of a building that includes at least all of for the 2015-2016 school year and any school year thereafter, the govern- grades 9-12, was rated Ineffective on the State-provided growth score but ing body of each district shall ensure that the reviews of all classroom such percent of students as shall be established by the Commissioner in teachers and building principals are conducted in accordance with the his/her school/program within four years of first entry into grade 9 requirements of Education Law § 3012-d and this Subpart, except as received results on department-approved alternative examinations in En- otherwise provided in subdivision (b) of this section. glish Language Arts and/or or mathematics as described in section (b) The requirements of Education Law § 3012-c and Subpart 30-2 of 100.2(f) of this Title (including, but not limited to, advanced placement this Part shall continue to apply to annual professional performance examinations, and/or International Baccalaureate examinations, SAT II, reviews conducted prior to the 2015-2016 school year and thereafter, etc.) scored at proficiency (i.e., a Level 3 or higher). where such reviews are conducted pursuant to a collective bargaining (b) A teacher/principal shall submit an appeal to the Department, in a agreement entered into on or before April 1, 2015 that remains in effect manner prescribed by the Commissioner, within 20 days of receipt of his/ on and after April 1, 2015 until entry into a successor agreement. her overall annual professional performance review rating or the effective (c) In accordance with Education Law § 3012-d(12), all collective date of this section, whichever is later, and submit a copy of the appeal to bargaining agreements entered into after April 1, 2015 shall be consistent the school district and/or BOCES. The school district and/or BOCES shall with the requirements of Education Law § 3012-d and this Subpart, unless have ten days from receipt of a copy of such appeal to submit a reply to such agreement related to the 2014-2015 school year only. Nothing in this the Department. Subpart shall be construed to abrogate any conflicting provisions of any (c) Based on the documentation received, if the Department overturns a collective bargaining agreement in effect on and after April 1, 2015 dur- teacher’s/principal’s rating on the State-provided growth score, the ing the term of such agreement and until entry into a successor collective district/BOCES shall substitute the teacher’s/principal’s results on the bargaining agreement, provided that notwithstanding any other provision back-up SLO developed by the district/BOCES for such teacher/principal. of law to the contrary, upon expiration of such term and the entry into a If a back-up SLO was not developed, then the teacher’s/principal’s over- successor collective bargaining agreement, all the requirements of Educa- all composite score and rating shall be based on the portions of their an- tion Law § 3012-d and this Subpart shall apply. nual professional performance review not affected by the nullification of (d) Annual professional performance reviews of classroom teachers the State-provided growth score. Provided, however, that following a suc- and building principals shall be a significant factor for employment deci- cessful appeal under paragraph (1) of subdivision (a) of this section, if a sions, including but not limited to, promotion, retention, tenure determi- back-up SLO is used a teacher/principal shall not receive a score/rating nation, termination, and supplemental compensation, in accordance with higher than developing on such SLO. Education Law § 3012-d(1). Such evaluations shall also be a significant (d) An evaluation that is the subject of an appeal shall not be sought to factor in teacher and principal development, including but not limited to be offered in evidence or placed in evidence in any proceeding conducted coaching, induction support, and differentiated professional development.

2 NYS Register/January 27, 2016 Rule Making Activities

Nothing herein shall be construed to affect the unfettered statutory right of (1) facilitating the development, articulation, implementation, and a district to terminate a probationary (non-tenured) teacher or principal stewardship of a vision of learning that is shared and supported by the for any statutorily and constitutionally permissible reasons. school community; (e) The Board of Regents shall convene an assessment and evaluation (2) advocating, nurturing and sustaining a school culture and workgroup or workgroups, comprised of stakeholders and experts in the instructional program conducive to student learning and staff profes- field to provide recommendations to the Board of Regents on assessments sional growth; and evaluations that could be used for annual professional performance (3) ensuring management of the organization, operations and re- reviews in the future. sources for a safe, efficient, and effective learning environment; § 30-3.2 Definitions. As used in this Subpart: (4) collaborating with families and community members, responding (a) Approved teacher or principal practice rubric shall mean a rubric to diverse community interests and needs, and mobilizing community re- approved by the commissioner for inclusion on the State Education sources; Department's list of approved rubrics in teacher or principal evaluations. (5) acting with integrity, fairness, and in an ethical manner; and (b) Approved student assessment shall mean a student assessment ap- (6) understanding, responding to, and influencing the larger politi- proved by the commissioner for inclusion in the State Education Depart- cal, social, economic, legal, and cultural context. ment’s lists of approved student assessments to measure student growth (n) Principal shall mean a building principal or an administrator in for use in the mandatory subcomponent and/or for use in the optional charge of an instructional program of a board of cooperative educational subcomponent of the student performance category. services. (1) Approved assessments in grades kindergarten through grade two. (o) School building shall mean a school or program identified by its Traditional standardized assessments in grades kindergarten through Basic Educational Data System (BEDS) code, as determined by the grade two shall not be on the approved list. However, an assessment that commissioner. is not a traditional standardized assessment shall be considered an ap- (p) State approved student growth model means a statistical model that proved student assessment if the superintendent, district superintendent, uses prior academic history, poverty, students with disabilities and En- or chancellor of a district that chooses to use such assessment certifies in glish language learners, and any additional factors approved by the Com- its annual professional performance review plan that the assessment is not missioner to measure student growth. a traditional standardized assessment, and that the assessment meets the (q) State-designed supplemental assessment shall mean a selection of minimum requirements prescribed by the Commissioner in guidance. state tests or assessments developed or designed by the Department, or (c) Classroom teacher or teacher shall mean a teacher in the classroom that the Department purchased or acquired from (i) another state; (ii) an teaching service as that term is defined in section 80-1.1 of this Title who institution of higher education; or (iii) a commercial or not-for-profit is a teacher of record as defined in this section, except evening school entity, provided that such entity must be objective and may not have a teachers of adults enrolled in nonacademic, vocational subjects, and conflict of interest or appearance of a conflict of interest; and tests or as- supplemental school personnel as defined in section 80-5.6 of this Title. sessments that have been previously designed or acquired by local (d) Common branch subjects shall mean common branch subjects as districts, but only if the Department significantly modifies growth targets defined in section 80-1.1 of this Title. or scoring bands for such tests or assessments or otherwise adapts the test (e) Co-principal means a certified administrator under Part 80 of this or assessment to the Department’s requirements. Such assessments may Title, designated by the school's controlling authority to have executive only be used in the optional student performance subcomponent in order authority, management, and instructional leadership responsibility for all to produce a growth score calculated pursuant to a State-provided or ap- or a portion of a school or BOCES-operated instructional program in a proved growth model. situation in which more than one such administrator is so designated. The (r) Student growth means the change in student achievement for an in- term co-principal implies equal line authority, with each designated dividual student between two or more points in time. administrator reporting to a district-level or comparable BOCES-level (s) Student growth percentile score shall mean the result of a statistical supervisor. model that calculates each student's change in achievement between two (f) Developing means an overall rating of Developing received by a or more points in time on a State assessment or other comparable growth teacher or building principal, based on the ratings an educator received measure and compares each student's performance to that of similarly in the student performance category and observation/school visit category achieving students. pursuant to the matrix prescribed in section 30-3.6 of this Subpart. (t) Student Learning Objective(s) (SLOs) are academic goals for an (g) District means school district and/or board of cooperative educa- educator’s students that are set at the start of a course, except in rare cir- tional services, unless otherwise provided in this Subpart. cumstances as defined by the Commissioner. SLOs represent the most (h) Effective means an overall rating of Effective received by a teacher important learning for the year (or semester, where applicable). They or building principal, based on the ratings an educator received in the must be specific and measurable, based on available prior student learn- student performance category and observation/school visit category pur- ing data, and aligned to the New York State learning standards, as well as suant to the matrix prescribed in section 30-3.6 of this Subpart. to any other school and district priorities. An educator’s scores are based (i) Evaluator shall mean any individual who conducts an evaluation of upon the degree to which his or her goals were attained. a classroom teacher or building principal under this Subpart. (u) Superintendent of schools shall mean the chief school officer of a (j) Highly Effective means an overall rating of Highly Effective received district or the district superintendent of a board of cooperative educational by a teacher or building principal, based on the ratings an educator services, provided that in the case of the City School District of the City of received in the student performance category and observation/school visit New York, superintendent shall mean the Chancellor of the City School category pursuant to the matrix prescribed in section 30-3.6 of this District of the City of New York or his or her designee. Subpart. (v) Teacher or principal state provided growth scores shall mean a (k) Ineffective means an overall rating of Ineffective received by a measure of central tendency of the student growth percentile scores teacher or building principal, based on the ratings an educator received through the use of standard deviations and confidence ranges to identify in the student performance category and observation/school visit category with statistical certainty educators whose students’ growth is well above pursuant to the matrix prescribed in section 30-3.6 of this Subpart. or well below average compared to similar students for a teacher's or (l) Lead evaluator shall mean the primary individual responsible for principal's students after the following student characteristics are taken conducting and completing an evaluation of a classroom teacher or build- into consideration: poverty, students with disabilities and English ing principal under this Subpart. To the extent practicable, the building language learners. Additional factors may be added by the Commissioner, principal, or his or her designee, shall be the lead evaluator of a classroom subject to approval by the Board of Regents. teacher in this Subpart. To the extent practicable, the lead evaluator of a (w) Teacher(s) of record shall be defined in a manner prescribed by the principal should be the superintendent or BOCES district superintendent commissioner. or his/her designee. (x) Teaching Standards are enumerated below: (m) Leadership standards shall mean the Educational Leadership (1) the teacher acquires knowledge of each student, and demonstrates Policy Standards: ISLLC 2008 as adopted by the National Policy Board knowledge of student development and learning to promote achievement for Educational Administration (Council of Chief State School Officers, for all students; Washington DC, One Massachusetts Avenue, NW, Suite 700, Washington, (2) the teacher knows the content they are responsible for teaching, DC 20001-1431; 2008- available at the Office of Counsel, State Educa- and plans instruction that ensures growth and achievement for all stu- tion Department, State Education Building, Room 148, 89 Washington dents; Avenue, Albany, New York 12234). The Leadership Standards provide (3) the teacher implements instruction that engages and challenges that an education leader promotes the success of every student by: all students to meet or exceed the learning standards;

3 Rule Making Activities NYS Register/January 27, 2016

(4) the teacher works with all students to create a dynamic learning (b) Content of the plan. The annual professional performance review environment that supports achievement and growth; plan shall: (5) the teacher uses multiple measures to assess and document (1) describe the district's process for ensuring that the department student growth, evaluate instructional effectiveness, and modify instruc- receives accurate teacher and student data, including enrollment and at- tion; tendance data and any other student, teacher, school, course and teacher/ (6) the teacher demonstrates professional responsibility and engages student linkage data necessary to comply with this Subpart, in a format relevant stakeholders to maximize student growth, development, and and timeline prescribed by the commissioner. This process shall also learning; and provide an opportunity for every classroom teacher and building principal (7) the teacher sets informed goals and strives for continuous profes- to verify the subjects and/or student rosters assigned to them; sional growth. (2) describe how the district will report to the Department the indi- (y) Testing standards shall mean the ‘‘Standards for Educational and vidual scores and ratings for each subcomponent and category and over- Psychological Testing’’ (American Psychological Association, National all rating for each classroom teacher and building principal in the district, Council on Measurement in Education, and American Educational in a format and timeline prescribed by the commissioner; Research Association; 2014- available at the Office of Counsel, State (3) describe the assessment development, security, and scoring Education Department, State Education Building, Room 148, 89 Washing- processes utilized by the district. Such processes shall ensure that any as- ton Avenue, Albany, New York 12234). sessments and/or measures used to evaluate teachers and principals under (z) The governing body of each district shall mean the board of educa- this section are not disseminated to students before administration and tion of each district, provided that, in the case of the City School District that teachers and principals do not have a vested interest in the outcome of the City of New York, governing body shall mean the Chancellor of the of the assessments they score; City School District of the City of New York or, to the extent provided by (4) describe the details of the district’s evaluation system, which shall law, the board of education of the City School District of the City of New include, but not be limited to, whether the district chose to use each of the York and, in the case of BOCES, governing body shall mean the board of optional subcomponents in the student performance and observation/ cooperative educational services. school visit categories and the assessments and/or measures, if any, that (aa) Traditional standardized assessment shall mean a systematic are used in each subcomponent of the student performance category and method of gathering information from objectively scored items that allow the test taker to select one or more of the given options or choices as their the observation/school visit category and the name of the approved response. Examples include multiple-choice, true-false, and matching teacher and/or principal practice rubrics that the district uses or evidence items. Traditional standardized assessments are those that require the that a variance has been granted by the Commissioner from this require- student (and not the examiner/assessor) to directly use a ‘‘bubble’’ answer ment; sheet. Traditional standardized assessments do not include performance (5) describe how the district will provide timely and constructive assessments or assessments in which students perform real-world tasks feedback to classroom teachers and building principals on their annual that demonstrate application of knowledge and skills; assessments that professional performance review; are otherwise required to be administered by Federal law; and/or assess- (6) describe the appeal procedures that the district is using pursuant ments used for diagnostic or formative purposes, including but not limited to section 30-3.12 of this section; and to assessments used for diagnostic screening required by Education Law (7) include any certifications required under this Subpart. section 3208(5). (c) The entire annual professional performance review shall be § 30-3.3. Requirements for annual professional performance review completed and provided to the teacher or the principal as soon as plans submitted under this Subpart. practicable but in no case later than September 1st of the school year next (a) Applicability. following the school year for which the teacher or principal’s perfor- (1) The governing body of each district shall adopt a plan, in a form mance is measured. The teacher’s and principal’s score and rating on the and timeline prescribed by the commissioner, for the annual professional observation/school visit category and in the student performance cate- performance review of all of the district’s classroom teachers and build- gory, if available, shall be computed and provided to the teacher or ing principals in accordance with the requirements of Education Law sec- principal, in writing, by no later than the last day of the school year for tion 3012-d and this Subpart and shall submit such plan to the commis- which the teacher or principal is being measured, but in no case later than sioner for approval. The commissioner shall approve or reject the plan. September 1st of the school year next following the school year for which The commissioner may reject a plan that does not rigorously adhere to the the teacher or principal’s performance is measured. Nothing in this provisions of Education Law section 3012-d and the requirements of this subdivision shall be construed to authorize a teacher or principal to com- Subpart. Absent a finding by the Commissioner of extraordinary circum- mence the appeal process prior to receipt of his or her overall rating. stances, if any material changes are made to the plan, the district must Districts shall ensure that there is a complete evaluation for all classroom submit the material changes by March 1 of each school year, on a form teachers and building principals, which shall include scores and ratings prescribed by the commissioner, to the commissioner for approval. The on the subcomponent(s) of the student performance category and the provisions of Education Law § 3012-c(2)(k) shall only apply to the extent observation/school visit category and the combined category scores and provided in this paragraph. ratings, determined in accordance with the applicable provisions of (2) Such plan shall be filed in the district office, as applicable, and Education Law § 3012-d and this Subpart, for the school year for which made available to the public on the district’s web-site no later than the teacher’s or principal’s performance is measured. September 10th of each school year, or within 10 days after the plan’s ap- § 30-3.4 Standards and criteria for conducting annual professional proval by the commissioner, whichever shall later occur. performance reviews of classroom teachers under Education Law (3) Any plan submitted to the commissioner shall include a signed § 3012-d. certification on a form prescribed by the commissioner, by the superinten- (a) Annual professional performance reviews conducted under this sec- dent, district superintendent or chancellor, attesting that: tion shall differentiate teacher effectiveness resulting in a teacher being (i) the amount of time devoted to traditional standardized assess- rated Highly Effective, Effective, Developing or Ineffective based on ments that are not specifically required by State or Federal law for each multiple measures in two categories: the student performance category classroom or program of the grade does not exceed, in the aggregate, one and the teacher observation category. percent of the minimum in required annual instructional hours for such (b) Student performance category. The student performance category classroom or program of the grade; and shall have one mandatory subcomponent and one optional subcomponent (ii) the amount of time devoted to test preparation under standard- as follows: ized testing conditions for each grade does not exceed, in the aggregate, (1) Mandatory first subcomponent. two percent of the minimum required annual instructional hours for such (i) for a teacher whose course ends in a State-created or adminis- grade. Time devoted to teacher administered classroom quizzes or exams, tered test for which there is a State-provided growth model and at least portfolio reviews, or performance assessments shall not be counted 50% of a teacher’s students are covered under the State-provided growth towards the limits established by this subdivision. In addition, formative measure, such teacher shall have a State-provided growth score based on and diagnostic assessments shall not be counted towards the limits such model; and established by this subdivision and nothing in this subdivision shall be (ii) for a teacher whose course does not end in a State-created or construed to supersede the requirements of a section 504 plan of a quali- administered test or where less than 50% of the teacher’s students are fied student with a disability or Federal law relating to English language covered by a State-provided growth measure, such teacher shall have a learners or the individualized education program of a student with a Student Learning Objective (SLO) developed and approved by his/her su- disability. perintendent or his or her designee, using a form prescribed by the com-

4 NYS Register/January 27, 2016 Rule Making Activities missioner, consistent with the SLO process determined or developed by courses with small “n” sizes as defined by the Commissioner in guidance, the commissioner, that results in a student growth score; provided that, districts shall calculate scores for SLOs using a methodology prescribed for any teacher whose course ends in a State-created or administered as- by the Commissioner in guidance. For all other measures that are not sessment for which there is no State-provided growth model, such assess- State-provided growth measures, scores of 0-20 shall be computed locally ment must be used as the underlying assessment for such SLO. The SLO in accordance with the State provided or approved growth model used. process determined by the Commissioner shall include a minimum growth target of one year of expected growth, as determined by the superintendent or his or her designee. Such targets, as determined by the superinten- SLOs dent or his or her designee, may take the following characteristics into account: poverty, students with disabilities, English language learners Percent of Students Meeting Scoring Range status and prior academic history. SLOs shall include the following SLO Target elements, as defined by the commissioner in guidance: 0-4% 0 (a) student population; 5-8% 1 (b) learning content; (c)interval of instructional time; 9-12% 2 (d) evidence; 13-16% 3 (e) baseline; 17-20% 4 (f) target; (g) criteria for rating a teacher Highly Effective, Effective, 21-24% 5 Developing or Ineffective (“HEDI”); and 25-28% 6 (h) rationale. 29-33% 7 (iii) for a teacher whose course does not end in a State-created or administered test or where a State-provided growth measure is not 34-38% 8 determined, districts may determine whether to use SLOs based on a list 39-43% 9 of approved student assessments, or a school-or-BOCES-wide group, 44-48% 10 team, or linked results based on State/Regents assessments, as defined by the Commissioner in guidance. 49-54% 11 (iv) Districts shall develop back-up SLOs for all teachers whose 55-59% 12 courses end in a State created or administered test for which there is a 60-66% 13 State-provided growth model, to use in the event that no State-provided 67-74% 14 growth score can be generated for such teachers. (2) Optional second subcomponent. A district may locally select a 75-79% 15 second measure that shall be applied in a consistent manner, to the extent 80-84% 16 practicable, across the district based on State/Regents assessments or 85-89% 17 State-designed supplemental assessments and be either: (i) a second State-provided growth score on a state-created or 90-92% 18 administered test; provided that the State-provided growth measure is dif- 93-96% 19 ferent than that used in the required subcomponent of the student perfor- 97-100% 20 mance category, which may include one or more of the following measures: (a) a teacher-specific growth score computed by the State based (d) Overall Rating on Student Performance Category. on percentage of students who achieve a State-determined level of growth (1) Multiple student performance measures shall be combined using (e .g., percentage of students whose growth is above the median for simi- a weighted average pursuant to subdivision (c) of this section to produce lar students); an overall student performance category score of 0 to 20. Based on such (b) school-wide growth results based on a State-provided school- score, an overall student performance category rating shall be derived wide growth score for all students attributable to the school who took the from the table below: State English language arts or math assessment in grades 4-8; or (c) school-wide, group, team, or linked growth results using available State-provided growth scores that are locally-computed; or Overall Student Performance Category Score (ii) a growth score based on a State-designed supplemental assess- and Rating ment, calculated using a State-provided or approved growth model. Such Minimum Maximum growth score may include school or BOCES –wide group, team, or linked H1820 results where the State-approved growth model is capable of generating such a score. E1517 (3) All State-provided or approved growth model scores must control D1314 for poverty, students with disabilities, English language learners status I012 and prior academic history. For SLOs, these characteristics may be taken into account through the use of targets based on one year of “expected growth”, as determined by the superintendent or his or her designee. (2) Teacher observation category. The observation category for (4) The district shall measure student growth using the same teachers shall be based on at least two observations; one of which must be measure(s) of student growth for all classroom teachers in a course and/or unannounced. grade level in a district. (i) Two Mandatory subcomponents. (c) Weighting of Subcomponents Within Student Performance Category. (a) One observation shall be conducted by a principal or other (1) If a district does not locally select to use the optional second trained administrator; and student growth subcomponent, then the mandatory subcomponent shall be (b) a second observation shall be conducted by: either one or weighted at 100%. more impartial independent trained evaluator(s) selected and trained by (2) If the optional second student growth subcomponent is selected, the district or in cases where a hardship waiver is granted by the Depart- ment pursuant to subclause (1) of this clause, a second observation shall then the mandatory subcomponent shall be weighted at a minimum of 50% be conducted by one or more evaluators selected and trained by the and the optional second subcomponent shall be weighted at no more than district, who are different than the evaluator(s) who conducted the evalua- 50%. tion pursuant to clause (a) of this paragraph. An independent trained (3) Each measure used in the student performance category (State evaluator may be employed within the district, but may not be assigned to provided growth score, SLOs, State-designed supplemental assessments) the same school building as the teacher being evaluated. must result in a score between 0 and 20. The State will generate scores of (1) A rural school district, as defined by the Commissioner in 0-20 for measures using a State-provided growth score. Districts shall guidance, or a school district with only one registered school pursuant to calculate scores for SLOs in accordance with the minimum percentages section 100.18 of the Commissioner’s regulations may apply to the prescribed in the table below; provided however that for teachers with Department for a hardship waiver on an annual basis, in a timeframe and

5 Rule Making Activities NYS Register/January 27, 2016 manner prescribed by the Commissioner, if due to the size and limited resources of the school district, it is unable to obtain an independent evaluator within a reasonable proximity without an undue burden to the school Overall Observation Category Score district. and Rating (ii) Optional third subcomponent. The observations category may Min Max include a third optional subcomponent based on classroom observations conducted by a trained peer teacher rated Effective or Highly Effective on H 3.5 to 3.75 4.0 his or her overall rating in the prior school year from the same school or E 2.5 to 2.75 3.49 to 3.74 from another school in the district. D 1.5 to 1.75 2.49 to 2.74 (iii) Frequency and Duration of Observations. The frequency and duration of observations shall be determined locally. I 0 1.49 to 1.74 (iv) All observations must be conducted using a teacher practice rubric approved by the commissioner pursuant to a Request for Qualifica- § 30-3.5 Standards and criteria for conducting annual professional tion (“RFQ”) process, unless the district has an approved variance from performance reviews of building principals under Education Law the Commissioner. § 3012-d. (a) Variance for existing rubrics. A variance may be granted to a (a) Ratings. Annual professional performance reviews conducted under district that seeks to use a rubric that is either a close adaptation of a this section shall differentiate principal effectiveness resulting in a rubric on the approved list, or a rubric that was self-developed or principal being rated Highly Effective, Effective, Developing or Ineffec- developed by a third-party, upon a finding by the Commissioner that the tive based on multiple measures in the following two categories: the rubric meets the criteria described in the Request for Qualification and student performance category and the school visit category. the district has demonstrated that it has made a significant investment in (b) Student performance category. Such category shall have at least the rubric and has a history of use that would justify continuing the use of one mandatory first subcomponent and an optional second subcomponent that rubric. as follows: (b) Variance for use of new innovative rubrics. A variance may (1) Mandatory first subcomponent. be granted to a district that seeks to use a newly developed rubric, upon a (i) for a principal with at least 30% of his/her students covered finding by the Commissioner that the rubric meets the criteria described under the State-provided growth measure, such principal shall have a in the RFQ, has demonstrated how it will ensure inter-rater reliability and State-provided growth score based on such model; and the rubric's ability to provide differentiated results over time. (ii) for a principal where less than 30% of his/her students are (v) All observations for a teacher for the school year must use the covered under the State-provided growth measure, such principal shall have a Student Learning Objective (SLO), on a form prescribed by the same approved rubric; provided that districts may locally determine commissioner, consistent with the SLO process determined or developed whether to use different rubrics for teachers who teach different grades by the commissioner, that results in a student growth score; provided that, and/or subjects during the school year. for any principal whose building or program includes courses that end in (vi) At least one of the mandatory observations must be a State-created or administered assessment for which there is no State- unannounced. provided growth model, such assessment must be used as the underlying (vii) Observations may occur either live or via recorded video, as assessment for such SLO. The SLO process determined by the Commis- determined locally. sioner shall include a minimum growth target of one year of expected (viii) Nothing in this Subpart shall be construed to limit the discre- growth, as determined by the superintendent or his or her designee. Such tion of a board of education, superintendent of schools or a principal or targets, as determined by the superintendent or his or her designee in the other trained administrator to conduct observations in addition to those exercise of their pedagogical judgment, may take the following character- required by this section for non-evaluative purposes. istics into account: poverty, students with disabilities, English language (ix) Observations must be based only on observable rubric learners status and prior academic history. SLOs shall include the follow- subcomponents. The evaluator may select a limited number of observable ing elements, as defined by the Commissioner in guidance: rubric subcomponents for focus within a particular observation, so long (a) student population; as all observable Teaching Standards/Domains are addressed across the (b) learning content; total number of annual observations. (c) interval of instructional time; (x) New York State Teaching Standards/Domains that are part of (d) evidence; the rubric but not observable during the classroom observation may be (e) baseline; observed during any optional pre-observation conference or post- (f) target; observation review or other natural conversations between the teacher (g) criteria for rating a principal Highly Effective, Effective, and the evaluator and incorporated into the observation score. Developing or Ineffective (“HEDI”); and (xi) Points shall not be allocated based on any artifacts, unless (h) Rationale. such artifact constitutes evidence of an otherwise observable rubric (iii) for a principal of a building or program whose courses do not subcomponent (e.g., a lesson plan viewed during the course of the observa- end in a State-created or administered test or where a State-provided tion may constitute evidence of professional planning). growth score is not determined, districts shall use SLOs based on a list of (xii) Each observation shall be evaluated on a 1-4 scale based on a State approved student assessments. State- approved rubric aligned to the New York State Teaching Standards (2) Optional second subcomponent. A district may locally select one and an overall score for each observation shall be generated between 1-4. or more other measures for the student performance category that shall be Multiple observations shall be combined using a weighted average pursu- applied in a consistent manner, to the extent practicable, across the district ant to subparagraph (xiv) of this paragraph, producing an overall based on either: observation category score between 1-4. In the event that a teacher earns (i) a second State-provided growth score on a State-created or a score of 1 on all rated components of the practice rubric across all administered test; provided that a different measure is used than that for observations, a score of 0 will be assigned. the required subcomponent in the student performance category, which (xiii) Weighting of Subcomponents Within Teacher Observation may include one or more of the following measures: Category. The weighting of the subcomponents within the teacher observa- (a) principal-specific growth computed by the State based on tion category shall be established locally within the following constraints: percentage of students who achieve a State-determined level of growth (e (a) observations conducted by a principal or other trained .g. percentage of students whose growth is above the median for similar administrator shall be weighted at a minimum of 80%. students); (b) observations conducted by independent impartial observ- (b) school-wide growth results using available State-provided er(s), or other evaluators selected by the district if a hardship waiver is growth scores that are locally-computed; or granted, shall be weighted at a minimum of 10%. (ii) a growth score based on a State-designed supplemental assess- (c) if a district selects to use the optional third observation ment, calculated using a State-provided or approved growth model. Such subcomponent, then the weighting assigned to the optional observations growth score may include school or BOCES –wide group, team, or linked conducted by peers shall be established locally within the constraints measures where the state-approved growth model is capable of generat- outlined in clause (1) and (2) of this subparagraph. ing such a score. (xiv) Overall Rating on the Teacher Observation Category. The (3) All State-provided or approved growth scores must control for overall observation score calculated pursuant to paragraphs (xii) and poverty, students with disabilities, English language learners status and (xiii) shall be converted into an overall rating, using cut scores determined prior academic history. For SLOs, these characteristics may be taken into locally for each rating category; provided that such cut scores shall be account through the use of targets based on one year of “expected consistent with the permissible ranges identified below: growth”, as determined by the superintendent or his or her designee.

6 NYS Register/January 27, 2016 Rule Making Activities

(4) The district shall measure student growth using the same to three subcomponents; two of which are mandatory and one of which is measure(s) of student growth for all building principals within the same optional. building configuration or program. (1) Two Mandatory subcomponents. A district shall evaluate a (c) Weighting of Subcomponents Within Student Performance Category. principal based on at least: (1) If a district does not locally select to use the optional second (i) one school visit shall be based on a State-approved principal student growth subcomponent, then the mandatory subcomponent shall be practice rubric conducted by the building principal’s supervisor or other weighted at 100%. trained administrator; and (2) If the optional second student growth subcomponent is selected, (ii) a second school visit shall be conducted by: either one or more then the mandatory subcomponent shall be weighted at a minimum of 50% impartial independent trained evaluator(s) selected and trained by the and the optional second subcomponent shall be weighted at no more than district or in cases where a hardship waiver is granted by the Department 50%. pursuant to clause (a) of this subparagraph, a second school visit shall be (3) Each measure used in the student performance category (State conducted by one or more evaluators selected and trained by the district, provided growth score, SLOs, State-designed supplemental assessments) who are different than the evaluator(s) who conducted the evaluation pur- must result in a score between 0 and 20. The State will generate scores of suant to subparagraph (i) of this paragraph. An independent trained 0-20 for measures using a State-provided growth score. Districts shall evaluator may be employed within the district, but may not be assigned to calculate growth scores for SLOs in accordance with the minimum the same school building as the principal being evaluated. percentages prescribed in the table below; provided however that for (a) A rural school district, as defined by the Commissioner in principals of a building or program with small “n” sizes as defined by the guidance, or a school district with only one registered school pursuant to Commissioner in guidance, districts shall calculate scores for SLOs using section 100.18 of the Commissioner’s regulations may apply to the a methodology prescribed by the Commissioner in guidance. For all other Department for a hardship waiver on an annual basis, in a timeframe and measures that are not State-provided growth measures, scores of 0-20 manner prescribed by the Commissioner, if due to the size and limited re- shall be computed locally in accordance with the State provided or ap- sources of the school district, it is unable to obtain an independent evalu- proved growth model used. ator within a reasonable proximity without an undue burden to the school district. (2) Optional third subcomponent. The school visit category may also include a third optional subcomponent based on school visits conducted SLOs by a trained peer administrator rated Effective or Highly Effective on his Percent of Students Meeting Scoring Range or her overall rating in the prior school year from the same or another Target school in the district. 0-4% 0 (3) Frequency and Duration of School Visits. The frequency of school visits shall be established locally. 5-8% 1 (4) All school visits must be conducted using a principal practice 9-12% 2 rubric approved by the Commissioner pursuant to an RFQ process, unless 13-16% 3 the district has a currently approved variance from the Commissioner. (i) Variance for existing rubric. A variance may be granted to a 17-20% 4 district that seeks to use a rubric that is either a close adaptation of a 21-24% 5 rubric on the approved list, or a rubric that was self-developed or developed by a third-party, upon a finding by the Commissioner that the 25-28% 6 rubric meets the criteria described in the RFQ, and the district has dem- 29-33% 7 onstrated that it has made a significant investment in the rubric and has a 34-38% 8 history of use that would justify continuing the use of that rubric. (ii) Variance for use of new innovative rubrics. A variance may be 39-43% 9 granted to a district that seeks to use a newly developed rubric, upon a 44-48% 10 finding by the Commissioner that the rubric meets the criteria described 49-54% 11 in the RFQ and the district has demonstrated how it will ensure inter-rater reliability and the rubric's ability to provide differentiated results over 55-59% 12 time. 60-66% 13 (5) All school visits for a principal for the year must use the same approved rubric; provided that districts may locally determine whether to 67-74% 14 use different rubrics for a principal assigned to different grade level 75-79% 15 configurations or building types. 80-84% 16 (6) At least one of the mandatory school visits must be unannounced. (7) School visits may not be conducted via video. 85-89% 17 (8) Nothing in this Subpart shall be construed to limit the discretion 90-92% 18 of a board of education, superintendent of schools, or other trained 93-96% 19 administrator from conducting school visits of a principal in addition to those required under this section for non-evaluative purposes. 97-100% 20 (9) School visits may be based only on observable rubric subcomponents. (10) The evaluator may select a limited number of observable rubric (4) Overall Rating on Student Performance Category. Multiple subcomponents for focus on within a particular school visit, so long as all measures shall be combined using a weighted average, to produce an observable ISLLC Standards are addressed across the total number of an- overall student performance category score of 0 to 20. Based on such nual school visits. score, an overall student performance category rating shall be derived (11) Leadership Standards and their related functions that are part of from the table below: the rubric but not observable during the course of the school visit may be observed through other natural conversations between the principal and the evaluator and incorporated into the observation score. Overall Student Performance Category Score (12) Points shall not be allocated based on any artifacts, unless such and Rating artifact constitutes evidence of a rubric subcomponent observed during a Minimum Maximum school visit. Points shall not be allocated based on professional goal- setting; however, organizational goal-setting may be used to the extent it H1820is evidence from the school visit and related to a component of the E1517principal practice rubric. (13) Each school visit shall be evaluated on a 1-4 scale based on a D1314state approved rubric aligned to the ISLLC standards and an overall score I012for each school visit shall be generated between 1-4. Multiple observations shall be combined using a weighted average, producing an overall observation category score between 1-4. In the event that a principal earns (d) Principal school visits category. The school visits category for a score of 1 on all rated components of the practice rubric across all principals shall be based on a State-approved rubric and shall include up observations, a score of 0 will be assigned. Weighting of Subcomponents

7 Rule Making Activities NYS Register/January 27, 2016

Within Principal School Visit Category. The weighting of the subcompo- son plans, other artifacts of teacher practice, and student portfolios, except nents within the principal school visit category shall be established locally for student portfolios measured by a State-approved rubric where permit- within the following constraints: ted by the department; (i) school visits conducted by a superintendent or other trained (b) use of an instrument for parent or student feedback; administrator shall be weighted at a minimum of 80%. (c) use of professional goal-setting as evidence of teacher or principal (ii) school visits conducted by independent impartial trained evalu- effectiveness; ators or other evaluators selected by the district if a hardship waiver is (d) any district or regionally-developed assessment that has not been granted, shall be weighted at a minimum of 10%. approved by the department; and (iii) if a district selects to use the optional third school visit (e) any growth or achievement target that does not meet the minimum subcomponent, then the weighting assigned to the optional school visits standards as set forth in regulations of the commissioner adopted conducted by peers shall be established locally within the constraints hereunder. outlined in clause (i) and (ii) of this subparagraph. § 30-3.8. Approval process for student assessments. (14) Overall Rating on the Principal School Visits Category. The (a) Approval of student assessments for the evaluation of classroom overall principal school visit score shall be converted into an overall rat- teachers and building principals. An assessment provider who seeks to ing, using cut scores determined locally for each rating category; provided place an assessment on the list of approved student assessments under this that such cut scores shall be consistent with the permissible ranges identi- section shall submit to the Commissioner a written application in a form fied below: and within the time prescribed by the Commissioner. (15) The overall principal/school visit score shall be converted into (b) The commissioner shall evaluate a student assessment(s) for inclu- an overall rating, using cut scores determined locally for each rating cat- sion on the Department's list(s) of approved student assessments for use egory; provided that such cut scores shall be consistent with the permis- in the required and/or optional subcomponents of the student performance sible ranges identified below: category, based on the criteria outlined in the RFQ or request for proposals (“RFP”). (c) Termination of approval. Approval shall be withdrawn for good Overall Observation Category Score cause, including, but not limited to, a determination by the commissioner and Rating that: Min Max (1) the assessment does not comply with one or more of the criteria for approval set forth in Subpart or in the RFQ or RFP; H 3.5 to 3.75 4.0 (2) the Department determines that the assessment is not identifying E 2.5 to 2.75 3.49 to 3.74 meaningful and/or observable differences in performance levels across D 1.5 to 1.75 2.49 to 2.74 schools and classrooms; and/or (3) high quality academic research calls into question the correlation I 0 1.49 to 1.74 between high performance on the assessment and positive student learning outcomes. § 30-3.9. Approval process for approved teacher and principal practice § 30-3.6. Rating determination. rubrics. (a) The overall rating determination for a teacher or principal shall be (a) A provider who seeks to place a teacher or principal practice rubric determined according to a methodology as follows: on the list of approved rubrics under this section shall submit to the commissioner a written application in a form and within the time prescribed by the commissioner. Observation/School Visit (b) Teacher practice rubric. The commissioner shall evaluate a rubric Highly Effective Develop- Ineffec- for inclusion on the department's list of approved practice rubrics for Effective (E) ing (D) tive (I) classroom teachers pursuant to a request for qualification (‘‘RFQ’’) (H) process. Such proposals shall meet the criteria outlined by the commissioner in the RFQ process. Highly HHED (c) Principal practice rubric. The commissioner shall evaluate a rubric Effective for inclusion on the department's list of approved practice rubrics for (H) building principals pursuant to a request for qualification (‘‘RFQ’’) Student Effective HEEDprocess. Such proposals shall meet the criteria outlined by the commis- Perfor- (E) sioner in the RFQ process. mance (d) Termination of approval of a teacher or principal scoring rubric. Develop- EEDIApproval for inclusion on the department's list of approved rubrics may ing (D) be withdrawn for good cause, including, but not limited to, a determina- Ineffec- DD I Ition by the commissioner that the rubric: tive (I) (1) does not comply with one or more of the criteria for approval set forth in this section or the criteria set forth in the request for qualification; (2) the department determines that the practice rubric is not identify- (b) Notwithstanding subdivision (a) of this section, a teacher or ing meaningful and/or observable differences in performance levels across principal who is rated using both subcomponents in the student perfor- schools and classrooms; and/or mance category and receives a rating of Ineffective in such category shall (3) high-quality academic research calls into question the correla- be rated Ineffective overall; provided, however, that if the measure used in tion between high performance on this rubric and positive student learn- the second subcomponent is a State-provided growth score on a state- ing outcomes. created or administered test, a teacher or principal who receives a rating (e) The Department’s lists of approved rubrics established pursuant to of Ineffective in the student performance category shall not be eligible to section 30-2.7 of the Part shall continue in effect until superseded by a list receive a rating of Effective or Highly Effective overall; generated from a new RFQ issued pursuant to this section or the list is (c) The district shall ensure that the process by which weights and scor- abolished by the commissioner as unnecessary. ing ranges are assigned to subcomponents and categories is transparent § 30-3.10. Training of evaluators and lead evaluators. and available to those being rated before the beginning of each school (a) The governing body of each district shall ensure that evaluators, year. Such process must ensure that it is possible for a teacher or principal including impartial and independent observers and peer observers, have to obtain any number of points in the applicable scoring ranges, including appropriate training before conducting a teacher or principal’s evalua- zero, in each subcomponent. In the event that a teacher/principal earns a tion under this section. The governing body shall also ensure that any lead score of 1 on all rated components of the practice rubric across all evaluator has been certified by such governing body as a qualified lead observations, a score of 0 will be assigned. The superintendent, district evaluator before conducting and/or completing a teacher's or principal's superintendent or chancellor and the representative of the collective evaluation in accordance with the requirements of this Subpart, except as bargaining unit (where one exists) shall certify in the district's plan that otherwise provided in this subdivision. Nothing herein shall be construed the evaluation process shall use the weights and scoring ranges provided to prohibit a lead evaluator who is properly certified by the Department by the commissioner. as a school administrator or superintendent of schools from conducting § 30-3.7. Prohibited elements. Pursuant to Education Law § 3012-d(7), classroom observations or school visits as part of an annual professional the following elements shall no longer be eligible to be used in any evalu- performance review under this Subpart prior to completion of the training ation subcomponent pursuant to this Subpart: required by this section provided such training is successfully completed (a) evidence of student development and performance derived from les- prior to completion of the evaluation.

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(b) To qualify for certification as a lead evaluator, individuals shall (i) in the instance of a teacher or principal rated Ineffective on the successfully complete a training course that meets the minimum require- student performance category but rated Highly Effective on the ments prescribed in this subdivision. The training course shall provide observation/school visit category based on an anomaly, as determined training on: locally. (1) the New York State Teaching Standards and their related ele- (2) the district's adherence to the standards and methodologies ments and performance indicators and the Leadership standards and their required for such reviews, pursuant to Education Law § 3012-d and this related functions, as applicable; Subpart; (2) evidence-based observation techniques that are grounded in re- (3) the adherence to the regulations of the commissioner and compli- search; ance with any applicable locally negotiated procedures, as required under (3) application and use of the student growth percentile model and Education Law § 3012-d and this Subpart; and any other growth model approved by the Department as defined in section (4) district's issuance and/or implementation of the terms of the 30-3.2 of this Subpart; teacher or principal improvement plan under Education Law § 3012-d (4) application and use of the State-approved teacher or principal and this Subpart. rubric(s) selected by the district for use in evaluations, including training (b) Appeal procedures shall provide for the timely and expeditious res- on the effective application of such rubrics to observe a teacher or olution of any appeal. principal's practice; (c) An evaluation that is the subject of an appeal shall not be sought to be offered in evidence or placed in evidence in any proceeding conducted (5) application and use of any assessment tools that the district pursuant to Education Law §§ 3020-a and 3020-b or any locally negoti- utilizes to evaluate its classroom teachers or building principals; ated alternate disciplinary procedure until the appeal process is (6) application and use of any locally selected measures of student concluded. growth used in the optional subcomponent of the student performance cat- (d) Nothing in this section shall be construed to alter or diminish the egory used by the district to evaluate its teachers or principals; authority of the governing body of a district to grant or deny tenure to or (7) use of the statewide instructional reporting system; terminate probationary teachers or probationary building principals dur- (8) the scoring methodology utilized by the department and/or the ing the pendency of an appeal pursuant to this section for statutorily and district to evaluate a teacher or principal under this Subpart, including constitutionally permissible reasons, including the teacher’s or principal’s the weightings of each subcomponent within a category; how overall performance that is the subject of the appeal. scores/ratings are generated for each subcomponent and category and (e) Nothing in this Subpart shall be construed to authorize a teacher or application and use of the evaluation matrix(es) prescribed by the com- principal to commence the appeal process prior to receipt of his or her missioner for the four designated rating categories used for the teacher's rating from the district. or principal's overall rating and their category ratings; and § 30-3.13. Monitoring and consequences for non-compliance. (9) specific considerations in evaluating teachers and principals of (a) The department will annually monitor and analyze trends and pat- English language learners and students with disabilities. terns in teacher and principal evaluation results and data to identify (c) Independent evaluators and peer evaluators shall receive training districts and/or schools where evidence suggests that a more rigorous on the following elements: evaluation system is needed to improve educator effectiveness and student (1) the New York State Teaching Standards and their related ele- learning outcomes. The department will analyze data submitted pursuant ments and performance indicators and the Leadership standards and their to this Subpart to identify: related functions, as applicable; (1) schools or districts with unacceptably low correlation results be- (2) evidence-based observation techniques that are grounded in tween student growth on the student performance category and the teacher research; and observation/principal school visit category used by the district to evaluate (3) application and use of the State-approved teacher or principal its teachers and principals; and/or rubric(s) selected by the district for use in evaluations, including training (2) schools or districts whose teacher and principal overall ratings on the effective application of such rubrics to observe a teacher or and subcomponent scores and/or ratings show little differentiation across principal's practice; educators and/or the lack of differentiation is not justified by equivalently (d) Training shall be designed to certify lead evaluators. Districts shall consistent student achievement results; and/or schools or districts that describe in their annual professional performance review plan the dura- show a pattern of anomalous results in the student performance and tion and nature of the training they provide to evaluators and lead evalua- observation/school visits categories. tors and their process for certifying lead evaluators under this section. (b) A district identified by the department in one of the categories (e) Districts shall also describe in their annual professional perfor- enumerated above may be highlighted in public reports and/or the com- mance review plan their process for ensuring that all evaluators maintain missioner may order a corrective action plan, which may include, but not inter-rater reliability over time (such as data analysis to detect disparities be limited to, a timeframe for the district to address any deficiencies or the on the part of one or more evaluators; periodic comparisons of a lead plan will be rejected by the Commissioner, changes to the district’s target evaluator's assessment with another evaluator's assessment of the same setting process, a requirement that the district arrange for additional classroom teacher or building principal; annual calibration sessions professional development, that the district provide additional in-service across evaluators) and their process for periodically recertifying all training and/or utilize independent trained evaluators to review the ef- evaluators. ficacy of the evaluation system. (f) Any individual who fails to receive required training or achieve cer- (c) Corrective action plans may require changes to a collective bargain- tification or re-certification, as applicable, by a district pursuant to the ing agreement. requirements of this section shall not conduct or complete an evaluation § 30-3.14. Prohibition against Student Being Instructed by Two Con- under this Subpart. secutive Ineffective Teachers. § 30-3.11. Teacher or principal improvement plans. (a) A student may not be instructed, for two consecutive school years, in (a) Upon rating a teacher or a principal as Developing or Ineffective the same subject by any two teachers in the same district, each of whom through an annual professional performance review conducted pursuant received a rating of Ineffective under an evaluation conducted pursuant to to Education Law section 3012-d and this Subpart, a district shall this section in the school year immediately prior to the school year in formulate and commence implementation of a teacher or principal which the student is placed in the teacher's classroom; provided, that if a improvement plan for such teacher or principal by October 1 in the school district deems it impracticable to comply with this subdivision, the district year following the school year for which such teacher’s or principal’s shall seek a teacher-specific waiver from the department from such performance is being measured or as soon as practicable thereafter. requirement, on a form and timeframe prescribed the commissioner. (b) Such improvement plan shall be developed by the superintendent or (b) If a district assigns a student to a teacher rated Ineffective in the his or her designee in the exercise of their pedagogical judgment and shall same subject for two consecutive years, the district must seek a waiver include, but need not be limited to, identification of needed areas of from this requirement for the specific teacher in question. The commis- improvement, a timeline for achieving improvement, the manner in which sioner may grant a waiver from this requirement if: the improvement will be assessed, and, where appropriate, differentiated (1) the district cannot make alternative arrangements and/or reas- activities to support a teacher's or principal's improvement in those areas. sign a teacher to another grade/subject because a hardship exists (for § 30-3.12. Appeal procedures. example, too few teachers with higher ratings are qualified to teach such (a) An annual professional performance review plan under this Subpart subject in that district); and shall describe the appeals procedure utilized by a district through which (2) the district has an improvement and/or removal plan in place for an evaluated teacher or principal may challenge their annual professional the teacher at issue that meets certain guidelines prescribed by the performance review. Pursuant to Education Law § 3012-d, a teacher or commissioner. principal may only challenge the following in an appeal: § 30-3.15. Applicability of the provisions in Education Law § 3012-c. (1) the substance of the annual professional performance review; The provisions of Education Law § 3012-c shall apply to annual profes- which shall include the following: sional performance reviews pursuant to this Subpart as follows:

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(a) the provisions of paragraphs (d) and (k) of subdivision (2), subdivi- (f) Nothing in this Subpart shall be construed to authorize a teacher/ sion (4), subdivision (5) and subdivision (9) of Education Law § 3012-c principal to commence the appeal process prior to receipt of his/her over- that apply are set forth in the applicable language of this Subpart; all rating from the district/BOCES. (b) the provisions of paragraphs (k-1), (k-2) and (l) of subdivision (2) of (g) During the pendency of an appeal under this section, nothing shall Education Law § 3012-c shall apply without any modification; be construed to alter the obligation of a school district/BOCES to develop (c) the provisions of subdivision (5-a) of Education Law § 3012-c shall and implement a teacher improvement plan or principal improvement apply without modification except: plan during the pendency of an appeal. (1) Any reference in subdivision (5-a) to a proceeding pursuant to (h) Nothing in this section shall be construed to limit any rights of a Education Law § 3020-a based on a pattern of ineffective teaching shall teacher/principal under section 30-2.11 of this Subpart. be deemed to be a reference to a proceeding pursuant to Education Law (i) Notwithstanding any other provision of rule or regulation to the con- § 3020-b against a teacher or principal who receives two or more consec- trary, a high school principal of a building that includes at least all of utive composite Ineffective ratings; and in accordance with Education Law § 3020(3) and (4)(a), notwithstanding any inconsistent language in grades 9-12 who meets either of the criteria in paragraphs (1) or (2) of subdivision (5-a), any alternate disciplinary procedures contained in a this subdivision shall not receive a State-provided growth score and shall collective bargaining agreement that becomes effective on or after July 1, instead use back-up SLOs: 2015 shall provide that two consecutive Ineffective ratings pursuant to an- (1) the principal would be rated Ineffective or Developing on the nual professional performance reviews conducted in accordance with the State-provided growth score but the graduation rate of the students in that provisions of Education Law § 3012-c or 3012-d shall constitute prima school building exceeded 90%, and the proportion of the student popula- facie evidence of incompetence that can only be overcome by clear and tion included in either the ELA Regents Median Growth Percentile or the convincing evidence that the employee is not incompetent in light of all Algebra Regents Median Growth Percentile was less than ten percent of surrounding circumstances, and if not successfully overcome, the finding, the total enrollment for the school; or the principal absent extraordinary circumstances, shall be just cause for removal, and (2) has no Combined Median Growth Percentile rating or score, and that three consecutive Ineffective ratings pursuant to annual professional the proportion of the student population included in the ELA Regents performance reviews conducted in accordance with the provisions of Median Growth Percentile and Algebra Regents Median Growth Percen- Education Law § 3012-c or 3012-d shall constitute prima facie evidence tile was less than five percent of the total enrollment for the school in one of incompetence that can only be overcome by clear and convincing evi- subject, and less than ten percent of the total enrollment in the other dence that the calculation of one or more of the teacher’s or principal's subject. underlying components on the annual professional performance reviews (3) If a back-up SLO was not developed, then the principal’s overall pursuant to Education Law § 3012-c or 3012-d was fraudulent, and if not composite score and rating shall be based on the remaining portions of successfully overcome, the finding, absent extraordinary circumstances, their annual professional performance review. shall be just cause for removal. (d) the provisions of subdivision (10) of Education Law § 3012-c shall This notice is intended to serve only as a notice of emergency adoption. apply without modification, except that there is no composite effectiveness This agency intends to adopt the provisions of this emergency rule as a score under Education Law § 3012-d. permanent rule, having previously submitted to the Department of State a § 30-3.16. Challenges to State-Provided Growth Scores. notice of proposed rule making, I.D. No. EDU-27-15-00019-P, Issue of (a) A teacher/principal shall have the right to challenge their State- July 8, 2015. The emergency rule will expire March 11, 2016. provided growth score under this Subpart; provided that the teacher/ Text of rule and any required statements and analyses may be obtained principal provides sufficient documentation that he/she meets at least one from: Kirti Goswami, State Education Department, Office of Counsel, of the following criteria in their annual evaluation: State Education Building, Room 148, 89 Washington Ave., Albany, NY (1) a teacher/principal was rated Ineffective on his/her State- 12234, (518) 474-6400, email: [email protected] provided growth score and Highly Effective on the Observation/School Regulatory Impact Statement Visit category in the current year and was rated either Effective or Highly 1. STATUTORY AUTHORITY: Effective on his/her State-provided growth score in the previous year; or Education Law 101 charges the Department with the general manage- (2) a high school principal of a building that includes at least all of ment and supervision of the educational work of the State and establishes grades 9-12, was rated Ineffective on the State-provided growth score but the Regents as head of the Department. such percent of students as shall be established by the Commissioner in Education Law 207 grants general rule-making authority to the Regents his/her school/program within four years of first entry into grade 9 to carry into effect State educational laws and policies. received results on department-approved alternative examinations in En- Education Law 215 authorizes the Commissioner to require reports glish Language Arts and/or or mathematics as described in section from schools under State educational supervision. 100.2(f) of this Title (including, but not limited to, advanced placement Education Law 305(1) authorizes the Commissioner to enforce laws re- examinations, and/or International Baccalaureate examinations, SAT II, lating to the State educational system and execute Regents educational etc.) scored at proficiency (i.e., a Level 3 or higher). policies. Section 305(2) provides the Commissioner with general supervi- (b) A teacher/principal shall submit an appeal to the Department, in a sion over schools and authority to advise and guide school district officers manner prescribed by the Commissioner, within 20 days of receipt of his/ in their duties and the general management of their schools. her overall annual professional performance review rating or the effective Education Law 3012-c establishes requirements for the conduct of an- date of this section, whichever is later, and submit a copy of the appeal to nual professional performance reviews (APPR) of classroom teachers and the school district and/or BOCES. The school district and/or BOCES shall building principals employed by school districts and boards of cooperative have ten days from receipt of a copy of such appeal to submit a reply to educational services (BOCES). the Department. Education Law 3012-d, as added by Section 2 of Subpart E of Part EE (c) Based on the documentation received, if the Department overturns a of Chapter 56 of the Laws of 2015 establishes a new evaluation system for teacher’s/principal’s rating on the State-provided growth score, the classroom teachers and building principals employed by school districts district/BOCES shall substitute the teacher’s/principal’s results on the and BOCES for the 2015-16 school year and thereafter. back-up SLO developed by the district/BOCES for such teacher/principal. Section 1 of Subpart E of Part EE of Chapter 56 of the Laws of 2015 If a back-up SLO was not developed, then the teacher’s/principal’s over- requires the Commissioner of Education to adopt regulations of the Com- all composite score and rating shall be based on the portions of their an- missioner no later than June 30, 2015, to implement a statewide annual nual professional performance review not affected by the nullification of teacher and principal evaluation system in New York state pursuant to the State-provided growth score. Provided, however, that following a suc- Education Law § 3012-d, after consulting with experts and practitioners in cessful appeal under paragraph (1) of subdivision (a) of this section, if a the fields of education, economics and psychometrics and with the Secre- back-up SLO is used a teacher/principal shall not receive a score/rating tary of the United States Department of Education on weights, measures higher than developing on such SLO. and ranking of evaluation categories and subcomponents. Section 3 of (d) An evaluation that is the subject of an appeal shall not be sought to Subpart C of Chapter 20 of the Laws of 2015 amends Education Law be offered in evidence or placed in evidence in any proceeding conducted § 3012-d to require the State-provided growth score to be based on such pursuant to Education Law sections 3020-a and 3020-b or any locally model, which shall take into consideration certain student characteristics, negotiated alternate disciplinary procedure until the appeal process is as determined by the commissioner, including but not limited to students concluded. with disabilities, poverty, English language learner status and prior aca- (e) Nothing in this section shall be construed to alter or diminish the demic history and which shall identify educators whose students' growth authority of the governing body of a district to grant or deny tenure to or is well above or well below average compared to similar students for a terminate probationary teachers or probationary building principals dur- teacher's or principal's students after the certain student characteristics ing the pendency of an appeal pursuant to this section for statutorily and above are taken into account. constitutionally permissible reasons, including the teacher’s/principal’s 2. LEGISLATIVE OBJECTIVES: performance that is the subject of the appeal. The proposed rule is consistent with the above authority vested in the

10 NYS Register/January 27, 2016 Rule Making Activities

Regents and Commissioner to carry into effect State educational laws and made, the performance of a teacher or principal in the classroom or school. policies and Ch.56, L.2015, as amended by Ch.20, L.2015, and is neces- Section 30-2.11 also clarifies that a school district or BOCES may sary to support the commitment made by the Legislature, the Governor, terminate a probationary teacher or principal during an appeal for any the Regents and Commissioner to ensure effective evaluation of classroom statutorily and constitutionally permissible reason, including a teacher’s teachers and building principals. or principal’s performance. 3. NEEDS AND BENEFITS: A new Subpart 30-3 is added to implement the new evaluation system. On April 13, 2015, the Governor signed Chapter 56 of the Laws of Section 30-3.1 clarifies that the new evaluation system only applies to 2015 to add a new Education Law § 3012-d, to establish a new evaluation CBA’s entered into after April 1, 2015 unless the agreement relates to the system for classroom teachers and building principals. 2014-2015 school year only. The section further clarifies that nothing in The new law requires the Commissioner to adopt regulations necessary the new Subpart shall be construed to abrogate any conflicting provisions to implement the evaluation system by June 30, 2015, after consulting of any CBA in effect on effect on or after April 1, 2015 during the term of with experts and practitioners in the fields of education, economics and such agreement and until entry into a successor CBA agreement. The sec- psychometrics. It also required the Department to establish a process to tion further clarifies that APPRs shall be a significant factor for employ- accept public comments and recommendations regarding the adoption of ment decisions and teacher and principal development, consistent with the regulations pursuant to the new law and consult in writing with the Secre- prior law. The section also clarifies the unfettered right to terminate a tary of the United States Department of Education on weights, measures probationary teacher or principal for any statutorily and constitutionally and ranking of evaluation categories and subcomponents. It further permissible reason. This section also provides that the Board will convene required the release of the response from the Secretary upon receipt workgroup(s) comprised of stakeholders and experts in the field to provide thereof, but in any event, prior to the publication of the regulations. recommendations to the Board on assessments and evaluations that could By letter dated April 28, 2015, the Department sought guidance from be used for APPRs in the future. the Secretary of the United States Department of Education on the weights, Section 30-3.2 defines several terms used in the Subpart. measures and ranking of evaluation, as required under the new law and the Section 30-3.3 prescribes the requirements for APPR plans submitted Secretary responded. under the new Subpart. In accordance with the requirements of the statute, the Department cre- New Teacher Evaluation Requirements ated an email box to accept comments on the new evaluation system Section 30-3.4 describes the standards and criteria for conducting AP- ([email protected]). The Department has received and reviewed over PRs of classroom teachers under the new law. The new law requires teach- 4,000 responses and has taken these comments into consideration in ers to be evaluated based on two categories: the student performance cate- formulating the proposed amendments. In addition, the Board of Regents gory and the teacher observation category. convened on May 7, 2015 to hold a Learning Summit, wherein the Board Student performance category of Regents hosted a series of panels to provide recommendations to the The first category has two subcomponents, one mandatory and the other Board on the new evaluation system. Such panels included experts in optional. For the first mandatory component, teachers shall be evaluated education, economics, and psychometrics and State-wide stakeholder as follows: groups including but not limited to NYSUT, UFT, School Boards, D For teachers whose courses end in a State created or administered test NYSCOSS and principal and parent organizations. A video recording and for which there is a State-provided growth model and at least 50% of a the submitted materials for the Learning Summit are available on the teacher’s students are covered under the State-provided growth measure, Department’s website at www.nysed.gov/learning-summit. The national such teachers shall have a State-provided growth score based on such experts and the representatives of stakeholder groups who presented at the model. Learning Summit are listed at www.nysed.gov/content/learning-summit- D For a teachers whose course does not end in a State created or presenter-biographies. The materials submitted by the national experts administered test or where less than 50% of the teacher’s students are and stakeholder groups are listed at www.nysed.gov/content/learning- covered under the State-provided growth measure, such teachers shall summit-submitted-materials. have a Student Learning Objective (“SLO”) consistent with a goal setting The proposed amendment reflects areas of consensus among the groups, process determined or developed by the Commissioner that results in a and in areas where there were varying recommendations, the Department student growth score; provided that for any teacher whose course ends in a attempted to reconcile those differences to reflect best practices while also State created or administered assessment for which there is no State- taking into consideration recommendations in the Testing Reduction provided growth model, such assessment must be used as the underlying Report regarding the reduction of unnecessary testing. The Department assessment for such SLO. distilled the various recommendations received at the Learning Summit The second optional subcomponent shall be comprised of the one or into a powerpoint presentation presented to the Board of Regents at their more the following options, as determined locally: May 20, 2015 meeting, which is posted at www.regents.nysed.gov/ A second State-provided growth score on a State-created or adminis- common/regents/files/meetings/May%202015/APPR.pdf. tered test; provided that the State provided growth measure is different Based on the statutory language in Education Law § 3012-d and Subpart than that used in the required subcomponent of the student performance C of the Chapter 20 of the Laws of 2015, the State-provided growth model category, which may include one or more of the following measures: used under Education Law § 3012-c has been continued under the new o a teacher-specific growth score computed by the State based on per- regulations promulgated under Education Law § 3012-d. The growth centage of students who achieve a State-determined level of growth (e .g., model used under Education Law § 3012-c was based on recommenda- percentage of students whose growth is above the median for similar tions from the Regents Task Force on Teacher and Leader Effectiveness, students); which can be found at www.regents.nysed.gov/common/regents/files/ o school-wide growth results based on a State-provided school-wide documents/meetings/2011Meetings/April2011/ growth score for all students attributable to the school who took the State RegentsTaskforceonTeacherand PrincipalEffectiveness.pdf and the English language arts or math assessment in grades 4-8; or recommendations of the Metrics Workgroup of the Task Force and a o school-wide, group, team, or linked growth results using available Technical Advisory Committee, comprised of psychometric experts in the State-provided growth scores that are locally-computed; field. Additional research supporting evaluations, including the use of a D A growth score based on a state designed supplemental assessment growth model, can be found on our website at www.engageny.org/ calculated using a State provided or approved growth model. resource/research-supporting-all-components-of-teacherprincipal- The law requires the Commissioner to establish weightings and scoring evaluation. A variety of other research materials/analyses regarding the ranges for the subcomponents of the student performance category. The growth model can be found on the Department’s website at proposed amendment applies the following weights to each of the www.engageny.org/resource/resources-about-state-growth-measures. subcomponents: Proposed amendment D If a district does not locally select to use the optional second student The proposed rule conforms the regulations to the provisions of the growth subcomponent, then the mandatory subcomponent shall be 2015 legislation by making the following major changes to Subpart 30-2 weighted at 100%. of the Rules of the Board of Regents. D If the optional second student growth subcomponent is selected, then The title of section 30-2 and section 30-2.1 are amended to clarify that the mandatory subcomponent shall be weighted at a minimum of 80% and Subpart 30-2 only applies to APPRs conducted prior to the 2015-2016 the optional second subcomponent shall be weighted at no more than 20%; school year or APPRs conducted pursuant to a CBA entered into on or provided, however, that if the optional second subcomponent does not before April 1, 2015 that remains in effect on or after April 1, 2015 until a include traditional standardized tests, the weightings shall be established subsequent agreement is reached. locally, provided that the mandatory student growth subcomponent shall Section 30-2.1(d) is amended to clarify that a school district or BOCES be weighted at a minimum of 50% and the optional student growth has an unfettered statutory right to terminate a probationary teacher or subcomponent shall be weighted no more than 50%. principal for any statutorily and constitutionally permissible reason, Each measure used in the student performance category (State provided including but not limited to misconduct, and until a tenure decision is growth score, SLOs, State-designed supplemental assessments) must

11 Rule Making Activities NYS Register/January 27, 2016 result in a score between 0 and 20. The State will generate scores of 0-20 D A second State-provided growth score on a State-created or adminis- for measures using a State-provided growth score. Districts shall calculate tered test; provided that the State provided growth measure is different scores for SLOs in accordance with the table provided in the proposed than that used in the required subcomponent of the student performance amendment; provided however that for teachers with courses with small category, which may include one or more of the following measures: “n” sizes as defined by the Commissioner in guidance, districts shall o a principal-specific growth score computed by the State based on per- calculate scores for SLOs using a methodology specified by the Commis- centage of students who achieve a State-determined level of growth (e .g., sioner in guidance. For all other measures that are not State-provided percentage of students whose growth is above the median for similar growth measures, scores of 0-20 shall be computed locally in accordance students); and/or with the State provided or approved growth model used. o school-wide, group, team, or linked growth results using available Teacher observation category State-provided growth scores that are locally-computed The second subcomponent shall be comprised of three subcomponents; D A growth score based on a state designed supplemental assessment two mandatory and one optional. The two mandatory subcomponents shall calculated using a State provided or approved growth model. be based on: The law requires the Commissioner to establish weightings and scoring D one observation that shall be conducted by a principal or other trained ranges for the subcomponents of the student performance category. The administrator; and proposed amendment applies the following weights to each of the D a second observation that shall be conducted by one or more impartial subcomponents: independent trained evaluator(s) selected and trained by the district. An D If a district does not locally select to use the optional second student independent trained evaluator may be employed within the district, but growth subcomponent, then the mandatory subcomponent shall be may not be assigned to the same school building as the teacher being weighted at 100%. evaluated. D If the optional second student growth subcomponent is selected, then One of the mandatory observations must be unannounced. The third the mandatory subcomponent shall be weighted at a minimum of 80% and optional subcomponent may include: the optional second subcomponent shall be weighted at no more than 20%; D classroom observations conducted by a trained peer teacher rated Ef- provided, however, that if the optional second subcomponent does not fective or Highly Effective on his or her overall rating in the prior school include traditional standardized tests, the weightings shall be established year from the same school or from another school in the district. locally, provided that the mandatory student growth subcomponent shall The law also requires the Commissioner to establish the frequency and be weighted at a minimum of 50% and the optional student growth duration of observations in regulations. The proposed amendment allows subcomponent shall be weighted no more than 50%. the frequency and duration of observations to be established locally. Each measure used in the student performance category (State provided This section also requires all observations to be conducted using a growth score, SLOs, State-designed supplemental assessments) must teacher practice rubric approved by the commissioner pursuant to a result in a score between 0 and 20. The State will generate scores of 0-20 Request for Qualification (“RFQ”) process, unless the district has an ap- for measures using a State-provided growth score. Districts shall calculate proved variance from the Commissioner and prescribes parameters for the scores for SLOs in accordance with the table provided in the proposed observations category. amendment; provided however that for teachers with courses with small The law further requires the Commissioner to establish weightings and “n” sizes as defined by the Commissioner in guidance, districts shall scoring ranges for the subcomponents of the teacher observations calculate scores for SLOs using a methodology specified by the Commis- category. The proposed amendment provides that the weighting of the sioner in guidance. For all other measures that are not State-provided subcomponents within the teacher observation category shall be estab- growth measures, scores of 0-20 shall be computed locally in accordance lished locally within the following constraints: with the State provided or approved growth model used. D observations conducted by a principal or other trained administrator Principal school visit category shall be weighted at a minimum of 80%. The principal school visit category shall be comprised of three subcom- D observations conducted by independent impartial observers shall be ponents; two mandatory and one optional. The two mandatory subcompo- weighted at a minimum of 10%. nents shall be based on: D if a district selects to use the optional third observation subcomponent, D one observation shall be conducted by the principal’s supervisor or then the weighting assigned to the optional observations conducted by other trained administrator; and peers shall be established locally within the constraints outlined above. D a second observation shall be conducted by one or more impartial in- The overall observation score shall be converted into an overall rating dependent trained evaluator(s) selected and trained by the district. An in- pursuant to the ranges identified in the proposed amendment. dependent trained evaluator may be employed within the district, but may New Principal Evaluation Requirements not be assigned to the same school building as the principal being Section 30-3.5 describes the standards and criteria for conducting AP- evaluated. PRs of building principals under the new law. The new law requires the One of the mandatory school visits by the principal’s supervisor must Commissioner to establish a principal evaluation system that is aligned to be unannounced. the new teacher evaluation system set forth in Education Law § 3012-d. The third optional subcomponent may include: To implement the new law, the proposed amendment requires building D School visits conducted by a trained peer administrator rated Effec- principals to be evaluated based on two categories: the student perfor- tive or Highly Effective on his or her overall rating in the prior school year mance category and the school visit category. from the same school or from another school in the district. The first category has two subcomponents, one mandatory and the other The law also requires the Commissioner to establish the frequency and optional. For the first mandatory component, teachers shall be evaluated duration of school visits in regulations. The proposed amendment requires as follows: the frequency and duration of observations to be set locally. For principals with at least 30% of their students covered under a State- The section also requires all observations to be conducted using a provided growth measure, such principal shall have a State-provided principal practice rubric approved by the commissioner pursuant to a growth score based on such model; except for if: (1) the principal would Request for Qualification (“RFQ”) process, unless the district has an ap- be rated Ineffective or Developing on the State-provided growth score but proved variance from the Commissioner. the graduation rate of the students in that school building exceeded 90%, This section further prescribes parameters for the school visits category. and the proportion of the student population included in either the ELA The law requires the Commissioner to establish weightings and scoring Regents Median Growth Percentile or the Algebra Regents Median ranges for the subcomponents of the school visits category. The proposed Growth Percentile was less than ten percent of the total enrollment for the amendment provides that the weighting of the subcomponents within the school; or the principal principal school visits category shall be established locally within the fol- (2) has no Combined Median Growth Percentile rating or score, and the lowing constraints: proportion of the student population included in the ELA Regents Median D School visits conducted by the principal’s supervisor or other trained Growth Percentile and Algebra Regents Median Growth Percentile was administrator shall be weighted at a minimum of 80%. less than five percent of the total enrollment for the school in one subject, D School visits conducted by independent impartial trained evaluators and less than ten percent of the total enrollment in the other subject. shall be weighted at a minimum of 10%. D For principals where less than 30% of their students are covered under D If a district selects to use the optional third observation subcomponent, a State-provided growth measure, such principals shall have a SLO con- then the weighting assigned to the optional school visits conducted by sistent with a goal setting process determined or developed by the Com- peers shall be established locally within the constraints outlined above. missioner that results in a student growth score; provided that for any The overall school visit category score shall be converted into an over- teacher whose course ends in a State created or administered assessment all rating pursuant to the ranges identified in the proposed amendment. for which there is no State-provided growth model, such assessment must Section 30-3.6 describes how the overall rating is computed, based on be used as the underlying assessment for such SLO. the evaluation matrix established by the new law, which combines the If the district opts to use the second optional subcomponent, it shall be teacher’s or principal’s ratings on the student performance category and comprised of one or more of the following measures: the observation/school visit category:

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carried over into the new evaluation system, as required by Education Law § 3012-d(15). Observation/School Visit Revisions to the Proposed Amendment following the public comment period Highly Effective Develop- Ineffec- Following the 45-day public comment period required under the State Effective (E) ing (D) tive (I) Administrative Procedure Act, the proposed amendment was revised in (H) several places as follows: First, the Department has decided to reexamine the State growth model, Highly HHEDwhich will take additional time. In the interim, the Department has Effective amended Subpart 30-2 and 30-3 to prescribe an appeals process whereby (H) certain teachers or principals who were rated Ineffective on their State- Student Effective HEEDprovided growth score may appeal to the Department based on certain Perfor- (E) anomalies described in the regulation. The appeals process would apply to mance growth scores for the 2014-2015 school year and thereafter until the Develop- EEDIgrowth model has been re-examined by the Department and appropriate ing (D) experts in the field. Ineffec- D* D* I I The Department has also revised the regulation to provide for a hard- tive (I) ship waiver from the requirement for an independent observer for rural school districts and for school districts with one registered school building who would be unduly burdened if the district were required to retain an in- *If a teacher is rated ineffective on the student performance category dependent evaluator. A school district would need to demonstrate that due and a State-designed supplemental assessment was included as an optional to the size and limited resources of the school district it is unable to obtain subcomponent of the student performance category, the teacher can be an independent evaluator within a reasonable proximity to the school rated no higher than ineffective overall pursuant to Education Law §§ 5(a) district. In lieu of an independent evaluator, the school district would be and 7. required to provide a second observation conducted by a trained evaluator This section also provides that it must be possible to obtain each point who is different than the supervisor or evaluator who conducted the first in the scoring ranges, including 0, for each subcomponent and category. It observation. further requires that the superintendent, district superintendent or Chancel- Also, in response to concerns relating to a teacher’s/principal’s privacy, lor and the president of the collective bargaining representative, where the Department revised the provisions in the June regulations relating to one exists, must certify in the APPR plan that the evaluation system will teacher/principal privacy to eliminate the requirement that parents be use the weights and scoring ranges provided by the Commissioner and provided with the scores/ratings on the student performance and observa- that the process by which weights and scorings are assigned to subcompo- tion categories and instead, are requiring that Education Law § 3012-c ap- nents and categories is transparent and available to those being rated before ply without modification, except that there is no composite effectiveness the beginning of each school year. score under Education Law § 3012-d. Section 30-3.7 lists the prohibited elements set forth in Education Law The Department also received several comments on the use of artifacts. § 3012-d, which precludes districts/BOCES from using the following as Education Law § 3012-d(10)(b) requires implementation of the observa- part of a teacher’s and/or principal’s evaluation: tion category to be subject to local negotiation. Therefore, while no ad- D evidence of student development and performance derived from les- ditional changes were made in response to these comments, the regula- son plans, other artifacts of teacher practice, and student portfolios, except tions adopted by the Board at its June meeting recognize that parts of the for student portfolios measured by a State-approved rubric where permit- rubric that are not observable during classroom observations may be ted by the department; incorporated into the observation score where they are observed during D use of an instrument for parent or student feedback; any optional pre- or post-observation review or other natural conversa- D use of professional goal-setting as evidence of teacher or principal ef- tions between teachers and their evaluators. fectiveness; The Department also made the following technical amendments to the D any district or regionally-developed assessment that has not been ap- proposed amendment: proved by the department; and The Department modified section 100.2(o) of the Commissioner’s D any growth or achievement target that does not meet the minimum regulation to conform to Education Law § 3012-d. standards as set forth in regulations of the commissioner adopted The Department clarified that a teacher’s and principal’s score and rat- hereunder. ing on the observation/school visit category and in the student perfor- Sections 30-3.8 and 30-3.9 set forth the approval processes for student mance category, if available, shall be computed and provided to the teacher assessments and teacher and principal practice rubrics. or principal, in writing, by no later than the last day of the school year for Section 30-3.10 sets forth the training requirements for evaluators and which the teacher or principal is being measured, but in no case later than lead evaluators; which now requires evaluators and lead evaluations to be September 1st of the school year next following the school year for which trained on certain prescribed elements relating to observations and the ap- the teacher or principal’s performance is measured. This will ensure that a plicable teacher/principal practice rubrics pursuant to Education Law teacher’s or principal’s score on SLOs used for the required subcomponent § 3012-d(15). and their scores on the optional subcomponent, if used, are provided on or Section 30-3.11 addresses teacher and principal improvement plans, before September 1st. which now allows the superintendent in the exercise of his or her The Department further clarified that nothing in this Subpart shall be pedagogical judgment to develop and implement the improvement plans construed to limit the discretion of a board of education or superintendent pursuant to Education Law § 3012-d(15). of schools or other trained administrator to conduct observations/school Section 30-3.12 addresses local appeal procedures. Currently, the visits of a teacher/principal in addition to those required under this section regulations set forth the grounds for an appeal which includes the ability for non-evaluative purposes. of a teacher or principal to challenge the substance of their APPR in an Consistent with the requirements for the teacher evaluation system, the appeal. The proposed amendment defines the substance of an APPR to Department revised the proposed amendment to eliminate references to a include appeals in circumstances where a teacher or principal is rated Inef- supervisor or other trained administrator from the requirement for an unan- fective on the student performance category, but rated Highly Effective on nounced school visit for principals and instead just generally provides that the observation/school visit category based on an anomaly, as determined at least one mandatory school visit shall be unannounced in an effort to be locally pursuant to Education Law § 3012-d(15). aligned to the teacher evaluation system. Section 30-3.13, which addresses monitoring and consequences for 4. COSTS: non-compliance, which now allows the Department to require changes to a. Costs to State government: The rule implements Education Law sec- a CBA pursuant to Education Law § 3012-d(15). tion 3012-d and does not impose any costs on State government, including Section 30-3.14 codifies the statutory requirement that no student be as- the State Education Department, beyond those costs imposed by the signed to two teachers in the same subject in two consecutive school years, statute. The new appeal process for the State-provided growth score will each of whom received a rating of Ineffective pursuant to an evaluation be performed by existing staff and therefore, the Department believes conducted pursuant to Education Law § 3012-d in the school year im- there will be no additional costs to the State government. mediately prior to the year in which the student is placed in the teacher’s b. Costs to local government: Education Law section 3012-d, as added classroom. The proposed amendment provides for a teacher-specific by Chapter 56 of the Laws of 2015, establishes requirements for the waiver from the Department from such requirement where it is impracti- conduct of annual professional performance reviews (APPR) of classroom cable to comply with this requirement. teachers and building principals employed by school districts and boards Section 30-3.15 describes the extent to which provisions of Education of cooperative educational services (BOCES) for the 2015-2016 school Law § 3012-c(2)(d), (k), (k-1), (k-2) and (l), (4), (5), (5-a), (9) and (10) are year and thereafter.

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The proposed rule may result in additional costs on school districts and For teachers, the second optional subcomponent shall be comprised of BOCES related to collective bargaining. However, Education Law § 3012- one or more the following options, as determined locally: d(10) explicitly requires collective bargaining relating to the decision on D A second State-provided growth score on a State-created or adminis- whether to use the optional second subcomponent in the student perfor- tered test; provided that the State provided growth measure is different mance category and which measure is to be used in such subcomponent, than that used in the required subcomponent of the student performance and collective bargaining relating to how to implement the observation/ category, which may include one or more of the following measures: school visit category in accordance with the Taylor Law. Since collective o a teacher-specific growth score computed by the State based on per- bargaining is already required by the statute and it is impossible to centage of students who achieve a State-determined level of growth (e .g., ascertain in advance what issues might trigger additional bargaining in percentage of students whose growth is above the median for similar more than 700 school districts and BOCES in the State, the State Educa- students); tion Department has no basis for determining whether and to what extent o school-wide growth results based on a State-provided school-wide provisions of the proposed rule might result in additional costs attributable growth score for all students attributable to the school who took the State to collective bargaining beyond those required by statute. English language arts or math assessment in grades 4-8; or The costs discussed below are based on the following assumptions: (1) o school-wide, group, team, or linked growth results using available an estimated hourly rate for teachers of $53.18 (based on an average an- State-provided growth scores that are locally-computed; nual teacher salary of $76,572.00 divided by 1,440 hours per school year D A growth score based on a State designed supplemental assessment calculated using a State provided or approved growth model. (180 days, 8 hours each day)); (2) an estimated hourly rate for principals Since the second subcomponent is optional, there are no additional costs of $67.20 (based on an average annual principal salary of $118,269.00 imposed by the statute or regulation for this subcomponent. However, if a divided by 1,760 hours per school year (220 days, 8 hours each day)); and district/BOCES elects to use a State-designed supplemental assessment, (3) an estimated hourly rate for superintendents of $86.59 (based on an the Department estimates that the cost of purchasing an assessment may average annual superintendent of schools salary of $166,244.00 divided cost approximately $2.50-$14.00 per student, depending on the particular by 1,920 hours per school year (240 days, 8 hours each day)). The Depart- assessment selected. If a district/BOCES elects to use the second subcom- ment anticipates that the proposed rule will impose the following costs on ponent and utilizes a second State-provided growth score, there should be school districts/BOCES. The estimated costs below assume that school no additional costs. districts and BOCES will need to pay for extra time for personnel at cur- For principals, the second optional subcomponent shall be comprised of rent rates. However, most districts and BOCES are or should be perform- the one or more the following options, as determined locally: ing these activities currently, but the State does not have data on the D A second State-provided growth score on a State-created or adminis- amount of hours currently dedicated to these activities. tered test; provided that the State provided growth measure is different Required Student Performance Category than that used in the required subcomponent of the student performance The statute requires that a teacher or principal’s evaluation be based on category, which may include one or more of the following measures: one required and one optional measure of student performance. For the o a principal-specific growth score computed by the State based on per- required subcomponent, for teachers whose courses end in a State created centage of students who achieve a State-determined level of growth (e .g., or administered test for which there is a State-provided growth model and percentage of students whose growth is above the median for similar at least 50% of a teacher’s students are covered under the State-provided students); or growth measure, such teachers shall have a State-provided growth score o school-wide, group, team, or linked growth results using available based on such model. There are no additional costs beyond those imposed State-provided growth scores that are locally-computed; by statute for evaluating a teacher based on State assessments. For the D A growth score based on a State designed supplemental assessment required subcomponent, for principals with at least 30% of their students calculated using a State provided or approved growth model. covered under a State-provided growth measure, such principal shall have Since the second subcomponent is optional, there are no additional costs a State-provided growth score and there are no additional costs beyond imposed by the statute or regulation for this subcomponent. However, if a those imposed by statute. district/BOCES elects to use a State-designed supplemental assessment, For a teacher whose course does not end in a State created or adminis- the Department estimates that the cost of purchasing an assessment may tered test or where less than 50% of the teacher’s students are covered cost approximately $2.50-$14.00 per student, depending on the particular under the State-provided growth measure, such teachers shall have a assessment selected. If a district/BOCES elects to use the second subcom- Student Learning Objective (“SLO”) consistent with a goal setting process ponent and utilizes a second State-provided growth score, there should be determined or developed by the Commissioner that results in a student no additional costs. growth score; provided that for any teacher whose course ends in a State Teacher Observation/Principal School Visit Category created or administered assessment for which there is no State-provided For the teacher observation/principal school visit category of the evalu- growth model, such assessment must be used as the underlying assess- ation, the proposed amendment requires that ratings be based on at least ment for such SLO. For a principal where less than 30% of their students two classroom observations for teachers and at least two school visits for are covered under a State-provided growth measure, such principals shall principals. The proposed amendment requires at least one observation for have a SLO consistent with a goal setting process determined by the Com- teachers and at least one school visit for principal to be conducted by the missioner that results in a student growth score; provided that for any supervisor/other trained administrator. The proposed amendment also principal whose course building or program includes courses that ends in a requires at least one observation for teachers and at least one school visit State created or administered assessment for which there is no State- for principals by trained independent evaluator(s) selected by the district. provided growth model, such assessment must be used as the underlying For teacher observations, the Department estimates the following costs: assessment for such SLO. The Department estimates that for teachers or Teacher Observations: While the regulation does not specifically pre- principals who require SLOs, a teacher or principal will spend ap- scribe how a district must conduct its observations, based on models cur- proximately 3 hours to set his/her goals for the year and that a principal/ rently in use, the Department expects a teacher will spend approximately 3 superintendent will take approximately 1 hour per year to work with a hours per classroom observation for pre- and post-conference meetings teacher/principal on the goal setting process. Based on the estimated with the principal/evaluator and the 1 hour in the observation itself, which hourly rates described above, the Department estimates that the goal- would equate to 6 hours per year (1 hour for the pre-conference, 1 hour for setting process will cost a school district/BOCES $226.74 per teacher (3 the observation, and 1 hour for the post-observation). Depending on the teacher hours to set goals plus 1 principal hour to review goals with model used, these estimates could decrease to 1 hour and 10 minutes for teacher) and $288.19 per principal (3 principal hours to set goals plus 1 classroom observations that include a post-conference and walkthrough superintendent hour to review goals with principal). Moreover, districts observation with the principal/evaluator, which would equate to 2 hours and BOCES should have been setting SLOs for teachers and principals and 20 minutes for the year. Based on the more extended observation since 2012-2013 when districts and BOCES were first required to set SLOs model, the Department expects that a principal/evaluator would spend ap- under the evaluation system; except for the New York City School District, proximately 1 hour for a teacher classroom observation and 3 additional whose plan was imposed on them for the 2013-2014 school year pursuant hours for pre-conference and post-conference meetings associated with to Education Law § 3012-c. the conference (1 hour for each pre-conference, 1 hour for preparation for The SLO process also requires the use of a student assessment. In post-conference, and 1 hour in post-conference), which would equate to 4 grades/subjects where no State created or administered assessment exists hours per observation or 8 hours per teacher per year. Therefore, for each for such grades/subjects, the district/BOCES must use the SLO process teacher, a school district or BOCES would spend approximately $856.68 with either an approved third-party assessment (at a cost per student of ap- per year on classroom observations, under the proposed rule. The regula- proximately $2.50-$14.00 per student), an approved district, regional, or tions allow for districts and BOCES to identify trained independent evalu- BOCES developed assessment (which the Department expects would have ators from within the district and, therefore, these estimates remain ac- minimal, if any costs), or a State assessment (which the Department curate as a yearly estimate for classroom observations. However, this cost expects would have no additional cost). may vary depending on what external independent evaluators the district Optional Student Performance Category selects.

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Moreover, the Department has also revised the regulation to provide for ment believes that any costs imposed by this requirement in the regulation a hardship waiver from the requirement for an independent observer for are minimal, if any. rural school districts and for school districts with one registered school Scoring who be unduly burdened if they were required to retain an independent The statute requires that a teacher receive an overall evaluation rating evaluator. A school district would need to demonstrate that due to the size based on their ratings on the two categories (student performance and and limited resources of the school district it is unable to find an indepen- teacher observation/principal school visit). The proposed amendment sets dent evaluator within a reasonable proximity to the school district. In lieu forth the scoring ranges for the rating categories in these two categories of an independent evaluator, the school district would be required to have and the overall rating category is prescribed by statute. The proposed a second evaluation conducted by a trained evaluator, who is different amendment does not impose any additional costs beyond those imposed from the supervisor or evaluator who conducted the first evaluation. by statute. Since the use of peer observers is optional, there are no additional costs Training imposed by the statute or regulation for this subcomponent. However, if a The statute requires that all evaluators be properly trained before district/BOCES elects to use peer observers, the Department estimates conducting an evaluation. The proposed amendment requires that a lead that the use of a peer observer for teachers may cost approximately evaluator be certified by the district/BOCES before conducting and/or $372.26 per observation (total time for teacher observation cycle plus total completing a teacher’s or principal’s evaluation and that evaluators be time for peer observer in the teacher observation cycle times the teacher properly trained. Since the training is required by statute, the only ad- hourly rate), and will be dependent upon the particular parameters ditional cost imposed are associated with the district or BOCES’ certifica- determined locally. Principal Assessment: The Department expects that a tion and recertification of lead evaluators, which costs are expected to be principal will spend approximately 3 hours preparing for a school visit by negligible and capable of absorption using existing staff and resources. a supervisor/other trained administrator and that a supervisor/other trained Teacher and Principal Improvement Plans and Appeal Procedures administrator will spend approximately 3 hours assessing and observing a The statute, in subdivision 15 of § 3012-d, requires the Commissioner principal’s practice per visit. Therefore, for each principal, a school district to determine the extent to which subdivisions 4, 5 and 5-a of § 3012-c or BOCES would spend approximately $1325.94 per year on school site should apply to the new evaluation system under § 3012-d. Subdivision 4 visits, under the proposed rule. The regulations allow for districts and of § 3012-c requires school districts/BOCES to develop teacher and BOCES to identify trained independent evaluators from within the district, principal improvement plans for teachers rated Ineffective or Developing. therefore the estimate of $1325.94 remains accurate as a yearly estimate Subdivision 5 of § 3012-crequires school districts and BOCES to develop for school visits. This cost may vary upon the use of external independent an appeals procedure through which a teacher or principal may challenge evaluators. their APPR. Subdivision 5-a of § 3012-c establishes special appeals Since the use of peer observers is optional, there are no additional costs procedures for the New York City School District. The proposed amend- imposed by the statute or regulation for this subcomponent. However, if a ment does not impose any additional costs on districts/BOCES relating to district/BOCES elects to use peer observers, the Department estimates the development of TIP/PIPs or an appeal procedure, beyond those cur- that the use of a peer observer for principals may cost approximately rently imposed by statute under Education Law § 3012-c(4) and (5). The $604.80 per site visit (total time for principal observation cycle plus total only changes made to the TIP/PIP requirement are with respect to its tim- time for peer observer in the principal observation cycle times the principal ing and the clarification that the superintendent or his/her designee, in the hourly rate), and will dependent upon the particular parameters determined exercise of their pedagogical judgment develops the TIP/PIP. Neither locally. change should generate additional costs. The only change made to the ap- The proposed amendment also requires that the observations/school peals provision is the clarification that an appeal from the substance of the visits be based on a teacher or principal practice rubric approved by the evaluation, which is a ground for appeal under Education Law § 3012- Department or a rubric approved through a variance process. The majority c(5), includes an instance in which the teacher or principal receives a of rubrics on the State’s approved list are available to districts/BOCES at Highly Effective rating on the observation/school visit category and an no cost. While some rubrics may offer training for a fee and others may Ineffective rating on the student performance category and challenges the require proprietary training, any costs incurred for training are costs result based on an anomaly, as determined locally. If a district/BOCES lo- imposed by the statute. Most rubric providers do not require a school cally determines that an appeal based on an anomaly may be taken where district/BOCES to receive training through the provider and some provid- such an appeal could not be brought previously, the Department believes ers even provide free online training. The Department estimates that this additional grounds for an appeal could be incorporated into the districts/BOCES can obtain a teacher or principal practice in the following district’s/BOCES’ current appeal process and therefore no additional costs price range: $0-$360 per educator evaluated. Some practice rubrics may should incur. The new appeal process for the State-provided growth score charge an additional fee for training on the rubric, estimated to cost ap- will be performed by existing staff and therefore, the Department believes proximately $0-$8,000, although most rubric providers do not require a there will be no additional costs to the State government. user to receive training through the rubric provider. (c) Costs to private regulated parties: none, except that if a teacher/ Reporting and Data Collection principal chooses to appeal his/her State-provided growth score, he/she The proposed amendment requires that school districts or BOCES must file an appeal within 20 days of receipt of his/her score or within 20 report information to the Department on enrollment and attendance data days of the effective date of the regulation, whichever is later. and any other student, teacher, school, course and teacher/student linkage (d) Costs to regulating agency for implementation and continued data. The majority of this data is required to be reported under the Amer- administration: See above. ica COMPETES Act (20 U.S.C. 9871). Therefore, no additional costs are 5. LOCAL GOVERNMENT MANDATES: imposed by the proposed amendment. To the extent such information is The proposed amendment does not impose any additional program, ser- not required to be reported under federal law, the Department expects that vice, duty or responsibility upon any county, city, town, village, school most districts/BOCES already compile this information and, therefore, district, fire district or other special district. these reporting requirements are minimal and should be absorbed by exist- 6. PAPERWORK: ing district or BOCES resources. Section 30-3.3 of the proposed amendment requires that each school The proposed amendment also requires that every teacher and principal district shall adopt an APPR plan for its classroom teachers and building be required to verify the subjects and/or student rosters assigned to them. principals and submit such plan to the Commissioner for approval. The This verification is part of the normal BEDS data verification process and Commissioner shall approve or reject the plan. The Commissioner may therefore the Department believes that any costs imposed by this require- reject a plan that does not rigorously adhere to the regulations and the law. ment in the regulation are minimal, if any. As for the additional reporting The regulations also provide that if any material changes are made to the requirements contained in section 30-3.3 of the Rules of the Board of plan, the district must submit the material changes by March 1 of each Regents, school districts or BOCES are required to report many of these school year, on a form prescribed by the Commissioner, to the Commis- requirements under the existing APPR regulations (section 30-2.3 of the sioner for approval. This section also requires that the APPR plan describe Rules of the Board of Regents). Therefore, reporting of such information the school district’s or BOCES’ process for ensuring that the Department would not impose any additional costs on a school district or BOCES. receives accurate teacher and student data, including certain identified in- Vested Interest formation; the assessment development, security and scoring processes The proposed amendment also requires that districts certify that teach- utilized by the school district or BOCES, which includes a requirement ers and principals not have a vested interest in the test results of students that any process and assessment or measures are not disseminated to whose assessments they score. The Department believes that most districts students before administration and that teachers and principals do not have already have this security mechanism in place, since it is a current require- a vested interest in the outcome of the assessments they score; describe the ment for evaluations conducted pursuant to Education Law § 3012-c. details of the evaluation system used by the district or BOCES; how the However, in the event a district currently allows a teacher to score their district or BOCES will provide timely and constructive feedback to teach- own assessment, the Department expects that districts/BOCES can assign ers and building principals and the appeal procedures used by the district other teachers or faculty to score such assessments. Therefore, the Depart- or BOCES.

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If a school district or BOCES seeks to use a teacher or principal practice (see pp. 7-10). It further explained the 1-4 rubric scoring ranges recom- rubric that is either a close adaptation of a rubric on the approved list, or a mended by NYSED, NYSUT and the NYC-Commissioner imposed rubric rubric that was self-developed or developed by a third-party or a newly ranges for observations under Ed. Law § 3012-c (p.12) and the differences developed rubric, the school district or BOCES must seek a variance from in differentiation that are produced using the NYSUT recommended and the Department for the use of such rubric. the Commissioner imposed NYC ranges (p.13). The proposed amendment also requires that the process by which points The Department also provided recommendations for the number, are assigned in the various subcomponents and the scoring ranges for the frequency and duration of observations and the subcomponent weights for subcomponents must be transparent and available to those being rated the observation category and recommendations on observation rubrics for before the beginning of each school year. the Board of Regents to consider, balancing the feedback it received from The proposed amendment requires that the entire annual professional the field (p. 16, 18, 20). performance review be completed and provided to the teacher or principal It then produced the current scoring ranges for SLOs out of a 0-20 scale as soon as practicable but in no case later than September 1st of the school and the current method for determining points within the 0-20 scoring year next following the school year for which the teacher or principal’s range for the State-provided growth score. The Department presented performance is measured. The teacher’s and principal’s score and rating NYCDOE’s and NYSUT’s suggested cut scores (pp. 21-25) and recom- on the observation/school visit category and in the student performance mended that the Board maintain the existing normative method to estab- category, if available, shall be computed and provided to the teacher or lish growth scores for the required and optional subcomponents of the principal, in writing, by no later than the last day of the school year for student performance category. The Department further recommended that which the teacher or principal is being measured, but in no case later than the Board maintain the full current list of characteristics in the growth September 1st of the school year next following the school year for which model and that it explore with stakeholders and experts future options, the teacher or principal’s performance is measured. new co-variates and possible adjustments to normative method and/or cri- A provider seeking to place a practice rubric in the list of approved terion referenced measures of growth (p. 26). The Department provided rubrics, or an assessment on the list of approved assessments, shall submit further recommendations on the optional subcomponent of the student to the Commissioner a written application that meets the requirements of performance category and the weightings for the student performance cat- sections 30-2.7 and 30-2.8, respectively. An approved rubric or approved egory (p. 27-30). assessment may be withdrawn for good cause. The governing body of The Department then recommended that the principal system be aligned each school district is required to ensure that evaluators have appropriate to the teacher evaluation system (p. 33) and provided recommendations to training before conducting an evaluation under this section and the lead the Board on which provisions in Education Law § 3012-c should be evaluator must be appropriately certified and periodically recertified. continued under Education Law § 3012-d(15) (pg. 34-35). Recommenda- If a teacher or principal is rated “Developing” or “Ineffective,” the tions were also provided on the waiver to assign students to an ineffective school district or BOCES is required to develop and implement a teacher teacher for two consecutive years and the Hardship Waiver for November or principal improvement plan (TIP or PIP) that complies with section 30- 15 approval deadline (p. 37). 3.11. Such plan shall be developed by the Superintendent or his or her After receiving input from the Board of Regents and stakeholders, the designee, as part of his/her pedagogical judgement, and include identifica- Department modified many of its May recommendations, which are tion of needed areas of improvement, a timeline for achieving improve- reflected in red in the slide deck presented to the Board at its June meeting ment, the manner in which the improvement will be assessed and, where (www.regents.nysed.gov/common/regents/files/meetings// appropriate, differentiated activities to support improvement in those Revised%20Version%20of%20PowerPoint%20Presentation.pdf. The areas. green text in the slide deck represents changes made to the recommenda- In accordance with the requirements of the statute, the proposed amend- tions during the June 2015 Regents meeting. ment also requires a school district or BOCES to develop an appeals pro- In response to field feedback, the Department revised its recommended cedure through which a teacher or principal may challenge their annual rubric scoring ranges (pg. 7) to provide a range of permissible cut scores professional performance review. that reflected evidence of standards consistent with the four levels of the Education Law § 3012-d also requires the Commissioner to annually observation rubrics. The Department further recommended that the actual monitor and analyze trends and patterns in teacher and principal evalua- cut scores within the ranges be determined locally. The Department also tion results and data to identify districts, BOCES and/or schools where ev- changed its recommendations on the subcomponent weightings on the idence suggests a more rigorous evaluation system is needed to improve observation category (pg. 8) to lower the weightings for independent educator effectiveness and student learning outcomes. A school district or observers and provide for more local flexibility by setting minimum BOCES identified by the Department in one of the categories enumerated weights. The Department also changed its recommendations on the above may be highlighted in public reports and/or the Commissioner may frequency and duration of observations to instead provide a statewide order a corrective action plan. minimum standard of two observations, with the frequency and duration The proposed amendment also prohibits a student from being instructed of such observations to be determined locally. Based on comment, the by two teachers in the same subject, in two consecutive years, by teachers Department also changed its recommendation to require all annual who are rated ineffective. If a school district assigns a student to a teacher observations to use the same rubric across all observer types (p. 11). The in the same subject for two consecutive years, and the teacher is rated Department further clarified its recommendation around adjustments in ineffective for two consecutive years, the school district must seek a performance measures for student characteristic and for small numbers of waiver from the Commissioner for the specific teacher if (1) the district students (p. 15). The Department also changed its recommendations on cannot make alternative arrangements to reassign the teacher to another scoring ranges for growth scores (p. 18) and the weightings for the student grade/class due to a hardship and (2) the district has an improvement or re- performance category (p. 19) when the optional subcomponent is used. moval plan in place for the teacher that meets guidelines prescribed by the In response to feedback from the Board, the Department also adjusted Commissioner. The regulation also establishes an appeals process for its recommendations to include as possible grounds for a local appeal in teachers/principals who wish to challenge their State provided growth instances where the student performance and observation categories pro- score. Teachers/ principals would be required to submit an appeal within duce anomalous results. 20 days of their receipt of a State-provided growth score or within 20 days The Department further amended its recommendations regarding the of the effective date of the regulation, whichever is later, and school continuation of the corrective action provisions in Education Law § 3012-c districts would have 10 days to reply. to § 3012-d. 7. DUPLICATION: 9. FEDERAL STANDARDS: The rule does not duplicate existing State or Federal requirements. There are no applicable Federal standards concerning the APPR for 8. ALTERNATIVES: classroom teachers and building principals as established in Education As explained in the Needs and Benefits section of this Statement, the Law §§ 3012-c and 3012-d. Department considered the over 4,000 comments it received before the 10. COMPLIANCE SCHEDULE: regulations were adopted and reviewed the materials submitted by The proposed amendment will become effective on its stated effective stakeholders and experts at the Learning Summit, which are available on date. No further time is needed to comply. the Department’s website at www.nysed.gov/content/learning-summit- Regulatory Flexibility Analysis submitted-materials. The Department presented its recommendations (a) Small businesses: based on its analysis of the materials and presentations at the Learning The proposed rule implements, and otherwise conforms the Commis- Summit and sought feedback on various components of the new evalua- sioner’s Regulations to, Subparts D and E of Part EE of Ch.56, L.2015 and tion system from the Board of Regents at its May meeting. The Depart- Ch. 20, L. 2015, relating to Annual Professional Performance Review ment presented a powerpoint presentation or slide deck to the Board of (APPR) of classroom teachers and building principals employed by school Regents, posted on our website at www.regents.nysed.gov/common/ districts and boards of cooperative educational services (BOCES) in order regents/files/meetings/May%202015/APPR.pdf, which explained the to implement new Education Law § 3012-d. The rule does not impose any guiding principles and rationale for the Department’s recommendations reporting, recordkeeping or other compliance requirements, and will not

16 NYS Register/January 27, 2016 Rule Making Activities have an adverse economic impact, on small business. Because it is evident 8. INITIAL REVIEW OF RULE (SAPA § 207): from the nature of the rule that it does not affect small businesses, no fur- Pursuant to State Administrative Procedure Act section 207(1)(b), the ther steps were needed to ascertain that fact and one were taken. Accord- State Education Department proposes that the initial review of this rule ingly, a regulatory flexibility analysis for small businesses is not required shall occur in the fifth calendar year after the year in which the rule is and one has not been prepared. adopted, instead of in the third calendar year. The justification for a five (b) Local governments: year review period is that the proposed amendment is necessary to imple- 1. EFFECT OF RULE: ment State statute. Accordingly, there is no need for a shorter review The rule applies to each of the approximately 695 school districts and period. 37 boards of cooperative educational services (BOCES) in the State. The Department invites public comment on the proposed five year 2. COMPLIANCE REQUIREMENTS: review period for this rule. Comments should be sent to the agency contact See Needs and Benefits and Paperwork sections of the Regulatory listed in item 10. of the Notice of Proposed Rule Making published Impact Statement submitted herewith for an analysis of the compliance herewith. requirements for school districts and boards of cooperative educational Rural Area Flexibility Analysis services. 1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS: 3. PROFESSIONAL SERVICES: The proposed rule applies to all school districts and boards of coopera- The proposed rule does not impose any additional professional services tive educational services (BOCES) in the State, including those located in requirements on local governments beyond those imposed by, or inherent the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns in, the statute. and urban counties with a population density of 150 square miles or less. 4. COMPLIANCE COSTS: 2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE See the Costs section of the Regulatory Impact Statement submitted REQUIREMENTS; AND PROFESSIONAL SERVICES: herewith for an analysis of the costs of the proposed rule to school districts See the Needs and Benefits and Paperwork sections of the Regulatory and BOCES. Impact Statement submitted herewith for the reporting, recordkeeping, 5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY: and other compliance requirements for school districts and BOCES, The rule does not impose any additional technological requirements on including those located in rural areas of the State. The rule does not impose school districts or BOCES. Economic feasibility is addressed in the Costs any additional professional services requirements on local governments section of the Regulatory Impact Statement submitted herewith. beyond those imposed by, or inherent in, the statute. 6. MINIMIZING ADVERSE IMPACT: 3. COSTS: The rule is necessary to implement, and otherwise conform the Com- See the Costs section of the Regulatory Impact Statement submitted missioner’s Regulations to, Subparts D and E of Part EE of Chapter 56 of herewith for an analysis of the costs of the proposed rule, which include the Laws of 2015 and Chapter 20 of the Laws of 2015 relating to the An- costs for school districts and BOCES across the State, including those lo- nual Professional Performance Review (APPR) of classroom teachers and cated in rural areas. building principals. Since these provisions of the Education Law apply 4. MINIMIZING ADVERSE IMPACT: equally to all school districts and BOCES throughout the State, it was not The rule is necessary to implement, and otherwise conform the Com- possible to establish different compliance and reporting requirements. missioner’s Regulations to, Subparts D and E of Part EE of Chapter 56 of The proposed rule reflects areas of consensus among stakeholders, and the Laws of 2015, relating to the Annual Professional Performance Review in areas where there were varying recommendations, the Department at- (APPR) of classroom teachers and building principals employed by school tempted to reconcile those differences to reflect best practices while also districts and boards of cooperative educational services (BOCES) in order taking into consideration recommendations in the Testing Reduction to implement new Education Law § 3012-d. Because the statute upon Report regarding the reduction of unnecessary testing. which the proposed amendment is based applies to all school districts and The Department also considered the comments from the school districts BOCES in the State, it is not possible to establish differing compliance or and BOCES during the 45-day public comment period under the State reporting requirements or timetables or to exempt schools in rural areas Administrative Procedure Act. As a result of these comments, the Depart- from coverage by the proposed amendment. ment provided for a hardship waiver from the requirement for an indepen- The proposed rule reflects areas of consensus among stakeholders, and dent observer for rural school districts and for school districts with one in areas where there were varying recommendations, the Department at- registered school who be unduly burdened if they were required to retain tempted to reconcile those differences to reflect best practices while also an independent evaluator. A school district would need to demonstrate taking into consideration recommendations in the Testing Reduction that due to the size and limited resources of the school district it is unable Report regarding the reduction of unnecessary testing. to find an independent evaluator within a reasonable proximity to the The Department also considered the comments from the school districts school district. In lieu of an independent evaluator, the school district and BOCES during the 45-day public comment period under the State would be required to have a second evaluation conducted by a trained Administrative Procedure Act. As a result of these comments, the Depart- evaluator, who is different from the supervisor or evaluator who conducted ment provided for a hardship waiver from the requirement for an indepen- the first evaluation. dent observer for rural school districts and for school districts with one 7. LOCAL GOVERNMENT PARTICIPATION: registered school who be unduly burdened if they were required to retain The new law requires the Commissioner to adopt regulations necessary an independent evaluator. A school district would need to demonstrate to implement the evaluation system by June 30, 2015, after consulting that due to the size and limited resources of the school district it is unable with experts and practitioners in the fields of education, economics and to find an independent evaluator within a reasonable proximity to the psychometrics. It also required the Department to establish a process to school district. In lieu of an independent evaluator, the school district accept public comments and recommendations regarding the adoption of would be required to have a second evaluation conducted by a trained regulations pursuant to the new law and consult in writing with the Secre- evaluator, who is different from the supervisor or evaluator who conducted tary of the United States Department of Education on weights, measures the first evaluation. and ranking of evaluation categories and subcomponents. It further 5. RURAL AREA PARTICIPATION: required the release of the response from the Secretary upon receipt The new law requires the Commissioner to adopt regulations necessary thereof, but in any event, prior to the publication of the regulations. to implement the evaluation system by June 30, 2015, after consulting By letter dated April 28, 2015, the Department sought guidance from with experts and practitioners in the fields of education, economics and the Secretary of the United States Department of Education on the weights, psychometrics. It also required the Department to establish a process to measures and ranking of evaluation, as required under the new law and the accept public comments and recommendations regarding the adoption of Secretary responded. regulations pursuant to the new law and consult in writing with the Secre- In accordance with the requirements of the statute, the Department cre- tary of the United States Department of Education on weights, measures ated an email box to accept comments on the new evaluation system and ranking of evaluation categories and subcomponents. It further ([email protected]). The Department has received and reviewed over required the release of the response from the Secretary upon receipt 4,000 responses and has taken these comments into consideration in thereof, but in any event, prior to the publication of the regulations. formulating the proposed amendments. In addition, the Department held a By letter dated April 28, 2015, the Department sought guidance from Learning Summit on May 7, 2015, wherein the Board of Regents hosted a the Secretary of the United States Department of Education on the weights, series of panels to provide recommendations to the Board on the new measures and ranking of evaluation, as required under the new law and the evaluation system. Such panels included experts in education, economics, Secretary responded. and psychometrics and State-wide stakeholder groups including but not In accordance with the requirements of the statute, the Department cre- limited to NYSUT, UFT, School Boards, NYSCOSS and principal and ated an email box to accept comments on the new evaluation system parent organizations. Since the new law was enacted in April, the Depart- ([email protected]). The Department has received and reviewed over ment also met with individual stakeholder groups to discuss their recom- 4,000 responses and has taken these comments into consideration in mendations on the new evaluation system. formulating the proposed amendments. In addition, the Department held a

17 Rule Making Activities NYS Register/January 27, 2016

Learning Summit on May 7, 2015, wherein the Board of Regents hosted a (i) English. series of panels to provide recommendations to the Board on the new (a) Students who first enter grade 9 in September 2013 and evaluation system. Such panels included experts in education, economics, thereafter shall meet the English requirement for graduation in clause and psychometrics and State-wide stakeholder groups including but not (a)(5)(i)(a) of this section by passing the Regents examination in English limited to NYSUT, UFT, School Boards, NYSCOSS and principal and language arts (common core) or an approved alternative pursuant to sec- parent organizations. Since the new law was enacted in April, the Depart- tion 100.2(f) of this Part. ment has also been separately meeting with individual stakeholder groups (b) Students who first enter grade 9 prior to September 2013 and experts in psychometrics to discuss their recommendations on the new shall meet the English requirement for graduation in clause (a)(5)(i)(a) of evaluation system. this section by: During the 45-day public comment, the Department also received com- (1) successfully completing a course in English language arts ments from representatives of various school districts and BOCES located (common core) and passing the Regents examination in English language across the State, including those located in rural areas of the State. In an arts (common core) or an approved alternative pursuant to section 100.2(f) effort to address some of these concerns, the Department has revised the of this Part; or regulation in various places as discussed in the Regulatory Impact State- (2) successfully completing a course in English aligned to the ment, as submitted herewith. 2005 Learning Standards and passing the Regents comprehensive exami- Job Impact Statement nation in English or an approved alternative pursuant to section 100.2(f) of this Part; provided that for the January 2014, June 2014, August 2014, The purpose of proposed rule is to implement Subparts D and E of Part EE January 2015, June 2015, [and] August 2015, January 2016 and June of Chapter 56 of the Laws of 2015 relating to Annual Professional Perfor- 2016 administrations only, students enrolled in English language arts mance Reviews of classroom teachers and building principals employed (common core) courses may, at the discretion of the applicable school by school districts and boards of cooperative educational services in order district, take the Regents comprehensive examination in English in addi- to implement Education Law § 3012-d. Because it is evident from the tion to the Regents examination in English language arts (common core), nature of the proposed rule that it will have no impact on the number of and may meet such English requirement by passing either examination. jobs or employment opportunities in New York State, no further steps (c)... were needed to ascertain that fact and none were taken. Accordingly, a job This notice is intended to serve only as a notice of emergency adoption. impact statement is not required and one has not been prepared. This agency intends to adopt the provisions of this emergency rule as a Assessment of Public Comment permanent rule, having previously submitted to the Department of State a The agency received no public comment. notice of proposed rule making, I.D. No. EDU-45-15-00013-EP, Issue of November 10, 2015. The emergency rule will expire March 11, 2016. EMERGENCY Text of rule and any required statements and analyses may be obtained RULE MAKING from: Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY English Language Arts (ELA) Graduation Requirements 12234, (518) 474-6400, email: [email protected] Regulatory Impact Statement I.D. No. EDU-45-15-00013-E 1. STATUTORY AUTHORITY: Filing No. 61 Education Law section 101 continues the existence of the State Educa- tion Department (SED), with the Board of Regents at its head and the Filing Date: 2016-01-12 Commissioner of Education as the chief administrative officer, and Effective Date: 2016-01-25 charges SED with the general management and supervision of public schools and the educational work of the State. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Education Law section 207 empowers the Regents and the Commis- cedure Act, NOTICE is hereby given of the following action: sioner to adopt rules and regulations to carry out laws regarding education and the functions and duties conferred on SED by law. Action taken: Amendment of section 100.5(g)(1)(i) of Title 8 NYCRR. Education Law section 208 authorizes the Regents to establish examina- Statutory authority: Education Law, sections 101(not subdivided), tions as to attainments in learning and to award and confer suitable certifi- 207(not subdivided), 208(not subdivided), 209(not subdivided), 305(1), cates, diplomas and degrees on persons who satisfactorily meet the (2), 308(not subdivided), 309(not subdivided) and 3204(3) requirements prescribed. Finding of necessity for emergency rule: Preservation of general welfare. Education Law section 209 authorizes the Regents to establish second- Specific reasons underlying the finding of necessity: The proposed ary school examinations in studies furnishing a suitable standard of gradu- amendment is necessary to implement Regents policy to provide, at the lo- ation and of admission to colleges; to confer certificates or diplomas on cal school district's discretion, additional opportunities for students students who satisfactorily pass such examinations; and requires the enrolled in Common Core English Language Arts courses, who began admission to these examinations of any person who shall conform to the grade 9 prior to 2013, to take the Regents Comprehensive Examination in rules and pay the fees prescribed by the Regents. English in addition to the Regents Examination in English Language Arts Education Law section 305(1) and (2) provide that the Commissioner, (Common Core) at the January 2016 and June 2016 examination adminis- as chief executive officer of the State system of education and of the trations, and meet the English requirement for graduation by passing ei- Regents, shall have general supervision over all schools and institutions ther examination. subject to the provisions of the Education Law, or of any statute relating to The proposed amendment was adopted as an emergency action at the education, and shall execute all educational policies determined by the October 26-27, 2015 Regents meeting, effective October 27, 2015. The Regents. proposed amendment has now been adopted as a permanent rule at the Education Law section 308 authorizes the Commissioner to enforce and January 11-12, 2016 Regents meeting. Pursuant to SAPA § 203(1), the give effect to any provision in the Education Law or in any other general earliest effective date of the permanent rule is January 27, 2016, the date a or special law pertaining to the school system of the State or any rule or Notice of Adoption will be published in the State Register. However, the direction of the Regents. October emergency rule will expire on January 24, 2016, 90 days after its Education Law section 309 charges the Commissioner with the general filing with the Department of State on October 27, 2015. supervision of boards of education and their management and conduct of Emergency action is therefore necessary for the preservation of the gen- all departments of instruction. eral welfare to ensure that the proposed amendment adopted by emer- Education Law section 3204(3) provides for required courses of study gency action at the October 2015 Regents meeting and adopted as a per- in the public schools and authorizes SED to alter the subjects of required manent rule at the January 2016 Regents meeting, remains continuously in instruction. effect until the effective date of its permanent adoption. 2. LEGISLATIVE OBJECTIVES: The proposed amendment is consistent with the authority conferred by Subject: English Language Arts (ELA) graduation requirements. the above statutes and is necessary to implement policy enacted by the Purpose: To provide additional opportunities for students who began Regents relating to State learning standards, State assessments, graduation grade 9 in 2013 to meet diploma requirements by passing either the and diploma requirements, and higher levels of student achievement. Regents Comprehensive Examination in English or the Common Core 3. NEEDS AND BENEFITS: ELA examination at the January 2016 and June 2016 test administrations. At their July 2013 meeting, the Board of Regents adopted by emer- Text of emergency rule: Subparagraph (i) of paragraph (1) of subdivision gency action, effective July 30, 2013, a new Commissioner’s Regulation (g) of section 100.5 of the Regulations of the Commissioner is amended, § 100.5(g) to require students who began grade 9 in 2013 to meet diploma effective January 25, 2016, as follows: requirements by passing the Regents Examination in English Language

18 NYS Register/January 27, 2016 Rule Making Activities

Arts that is aligned to the New York State P-12 Common Core Learning businesses. Because it is evident from the nature of the proposed amend- Standards. Section 100.5(g) was permanently adopted at the October 2013 ment that it does not affect small businesses, no further measures were Regents meeting. Included in that regulation is a provision in needed to ascertain that fact and none were taken. Accordingly, a regula- § 100.5(g)(1)(i)(b)(2) that allows, at local discretion, students who began tory flexibility analysis for small businesses is not required and one has grade 9 prior to 2013 who were enrolled in Common Core English courses not been prepared. to take the Regents Comprehensive Examination in English (2005 Learn- Local Governments: ing Standards) in addition to the Regents Examination in ELA (Common 1. EFFECT OF RULE: Core) and meet the English requirement for graduation by passing either The proposed amendment applies to each of the 689 public school examination. This flexibility was initially limited to the June 2014 and districts in the State, and to charter schools that are authorized to issue August 2014 test administrations, but was subsequently extended to the Regents diplomas with respect to State assessments and high school gradu- January 2014 and January, June and August 2015 test administrations. ation and diploma requirements. At present, there are 34 charter schools The proposed amendment would extend that flexibility to the final two authorized to issue Regents diplomas. administrations of the Regents Comprehensive Examination in English 2. COMPLIANCE REQUIREMENTS: (2005 Learning Standards) in January 2016 and June 2016. This flexibility The proposed amendment does not impose any additional compliance would continue to apply only to students who began grade 9 prior to 2013 requirements on school districts and charter schools. The proposed amend- and have already had access to the Regents Comprehensive Examination ment is necessary to implement Regents policy to provide, at the local in English (2005 Learning Standards). school district's discretion, additional opportunities for students enrolled 4. COSTS: in Common Core English Language Arts courses, who began grade 9 prior (a) Costs to State government: none. to 2013, to meet diploma requirements by taking the Regents Comprehen- (b) Costs to local government: none. sive Examination in English in addition to the Regents Examination in En- (c) Costs to private regulated parties: none. glish Language Arts (Common Core) at the January 2016 and June 2016 (d) Costs to regulating agency for implementation and continued examination administrations, and meet the English requirement for gradu- administration of this rule: none. ation by passing either examination. The proposed amendment is necessary to implement requirements for 3. PROFESSIONAL SERVICES: transitioning to Common Core English Language Arts (ELA) examina- The proposed amendment does not impose any additional professional tions, and does not impose any costs on school districts or charter schools. services requirements. The proposed amendment is necessary to implement Regents policy to 4. COMPLIANCE COSTS: provide, at the local school district's discretion, additional opportunities The proposed amendment is necessary to implement requirements for for students enrolled in Common Core English Language Arts courses, transitioning to Common Core English Language Arts (ELA) examina- who began grade 9 prior to 2013, to meet diploma requirements by taking tions, and does not impose any costs on school districts or charter schools. the Regents Comprehensive Examination in English in addition to the The proposed amendment is necessary to implement Regents policy to Regents Examination in English Language Arts (Common Core) at the provide, at the local school district's discretion, additional opportunities January 2016 and June 2016 examination administrations, and meet the for students enrolled in Common Core English Language Arts courses, English requirement for graduation by passing either examination. who began grade 9 prior to 2013, to meet diploma requirements by taking 5. LOCAL GOVERNMENT MANDATES: the Regents Comprehensive Examination in English in addition to the The proposed amendment is necessary to implement requirements for Regents Examination in English Language Arts (Common Core) at the transitioning to Common Core English Language Arts (ELA) examina- January 2016 and June 2016 examination administrations, and meet the tions, and does not impose any additional program, service, duty or English requirement for graduation by passing either examination. responsibility upon local governments. The proposed amendment is nec- 5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY: essary to implement Regents policy to provide, at the local school district's The proposed amendment does not impose any new technological discretion, additional opportunities for students enrolled in Common Core requirements on school districts or charter schools. Economic feasibility is English Language Arts courses, who began grade 9 prior to 2013, to meet addressed in the Costs section above. diploma requirements by taking the Regents Comprehensive Examination 6. MINIMIZING ADVERSE IMPACT: in English in addition to the Regents Examination in English Language The proposed amendment is necessary to implement requirements for Arts (Common Core) at the January 2016 and June 2016 examination transitioning to Common Core English Language Arts (ELA) examina- administrations, and meet the English requirement for graduation by pass- tions, and does not impose any costs or compliance requirements on school ing either examination. districts or charter schools. The proposed amendment is necessary to 6. PAPERWORK: implement Regents policy to provide, at the local school district's discre- The rule does not impose any specific recordkeeping, reporting or other tion, additional opportunities for students enrolled in Common Core En- paperwork requirements. glish Language Arts courses, who began grade 9 prior to 2013, to meet di- 7. DUPLICATION: ploma requirements by taking the Regents Comprehensive Examination in The rule does not duplicate existing State or federal requirements. English in addition to the Regents Examination in English Language Arts 8. ALTERNATIVES: (Common Core) at the January 2016 and June 2016 examination adminis- There are no significant alternatives to the rule and none were trations, and meet the English requirement for graduation by passing ei- considered. ther examination. 9. FEDERAL STANDARDS: 7. LOCAL GOVERNMENT PARTICIPATION: There are no related federal standards. Copies of the rule have been provided to District Superintendents with 10. COMPLIANCE SCHEDULE: the request that they distribute them to school districts within their The proposed amendment is necessary to implement requirements for supervisory districts for review and comment. Copies were also provided transitioning to Common Core ELA examinations, and does not impose for review and comment to the chief school officers of the five big city any additional compliance requirements or costs on school districts or school districts and to charter schools. charter schools. It is anticipated regulated parties will be able to achieve 8. INITIAL REVIEW OF RULE (SAPA § 207): compliance with the rule by its effective date. Pursuant to State Administrative Procedure Act section 207(1)(b), the Regulatory Flexibility Analysis State Education Department proposes that the initial review of this rule Small Businesses: shall occur in the fifth calendar year after the year in which the rule is The proposed amendment is necessary to implement requirements for adopted, instead of in the third calendar year. The justification for a five transitioning to the New York State Common Core English Language Arts year review period is that the proposed amendment is necessary to imple- (ELA) examinations. The proposed amendment is necessary to implement ment long-range Regents policy providing for a transition to the New Regents policy to provide, at the local school district's discretion, ad- York State Common Core Learning Standards (CCLS) adopted at the ditional opportunities for students enrolled in Common Core English January 2011 Regents meeting. Accordingly, there is no need for a shorter Language Arts courses, who began grade 9 prior to 2013, to meet diploma review period. requirements by taking the Regents Comprehensive Examination in En- The Department invites public comment on the proposed five year glish in addition to the Regents Examination in English Language Arts review period for this rule. Comments should be sent to the agency contact (Common Core) at the January 2016 and June 2016 examination adminis- listed in item 16. of the Notice of Emergency Adoption and Proposed Rule trations, and meet the English requirement for graduation by passing ei- Making published herewith, and must be received within 45 days of the ther examination. State Register publication date of the Notice. The proposed amendment relates to State learning standards, State as- Rural Area Flexibility Analysis sessments, graduation and diploma requirements and higher levels of 1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS: student achievement, and does not impose any adverse economic impact, The proposed amendment applies to each of the 689 public school reporting, record keeping or any other compliance requirements on small districts in the State, including those located in the 44 rural counties with

19 Rule Making Activities NYS Register/January 27, 2016 less than 200,000 inhabitants and the 71 towns in urban counties with a sessments, graduation and diploma requirements, and higher levels of population density of 150 per square mile or less. The proposed amend- student achievement, and will not have an adverse impact on jobs or ment also applies to charter schools in such areas, to the extent they offer employment opportunities. Because it is evident from the nature of the instruction in the high school grades and issue Regents diplomas. At pres- amendment that it will have a positive impact, or no impact, on jobs or ent, there is one charter school located in a rural area that is authorized to employment opportunities, no further steps were needed to ascertain those issue Regents diplomas. facts and none were taken. Accordingly, a job impact statement is not 2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE required and one has not been prepared. REQUIREMENTS; AND PROFESSIONAL SERVICES: The proposed amendment does not impose any additional compliance NOTICE OF ADOPTION requirements on school districts and charter schools. The proposed amendment is necessary to implement Regents policy to provide, at the local Annual Professional Performance Reviews of Classroom school district's discretion, additional opportunities for students enrolled Teachers and Building Principals in Common Core English Language Arts courses, who began grade 9 prior to 2013, to meet diploma requirements by taking the Regents Comprehen- I.D. No. EDU-27-15-00019-A sive Examination in English in addition to the Regents Examination in En- Filing No. 63 glish Language Arts (Common Core) at the January 2016 and June 2016 Filing Date: 2016-01-12 examination administrations, and meet the English requirement for graduation by passing either examination. Effective Date: 2016-01-27 3. COMPLIANCE COSTS: The proposed amendment is necessary to implement requirements for PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- transitioning to Common Core English Language Arts (ELA) examina- cedure Act, NOTICE is hereby given of the following action: tions, and does not impose any costs on school districts or charter schools. Action taken: Amendment of section 100.2(o) and Subpart 30-2; and ad- The proposed amendment is necessary to implement Regents policy to dition of Subpart 30-3 to Title 8 NYCRR. provide, at the local school district's discretion, additional opportunities Statutory authority: Education Law, sections 101(not subdivided), for students enrolled in Common Core English Language Arts courses, 207(not subdivided), 215(not subdivided), 305(1), (2), 3009(1), 3012-c(1- who began grade 9 prior to 2013, to meet diploma requirements by taking 10) and 3012-d(1-15); L. 2015, chs. 20 and 56, part EE, Subparts D and E the Regents Comprehensive Examination in English in addition to the Subject: Annual Professional Performance Reviews of Classroom Teach- Regents Examination in English Language Arts (Common Core) at the ers and Building Principals. January 2016 and June 2016 examination administrations, and meet the Purpose: To Implement subparts D and E of part EE of chapters 20 and 56 English requirement for graduation by passing either examination. of the Laws of 2015. 4. MINIMIZING ADVERSE IMPACT: The proposed amendment is necessary to implement requirements for Text or summary was published in the July 8, 2015 issue of the Register, transitioning to Common Core English Language Arts (ELA) examina- I.D. No. EDU-27-15-00019-P. tions, and does not impose any costs or compliance requirements on school Final rule as compared with last published rule: No changes. districts or charter schools. The proposed amendment is necessary to Revised rule making(s) were previously published in the State Register implement Regents policy to provide, at the local school district's discre- on October 7, 2015. tion, additional opportunities for students enrolled in Common Core En- Text of rule and any required statements and analyses may be obtained glish Language Arts courses, who began grade 9 prior to 2013, to meet di- from: Kirti Goswami, State Education Department, Office of Counsel, ploma requirements by taking the Regents Comprehensive Examination in State Education Building Room 148, 89 Washington Ave., Albany, NY English in addition to the Regents Examination in English Language Arts 12234, (518) 474-6400, email: [email protected] (Common Core) at the January 2016 and June 2016 examination adminis- Initial Review of Rule trations, and meet the English requirement for graduation by passing ei- As a rule that requires a RFA, RAFA or JIS, this rule will be initially ther examination. Because the Regents policy upon which the proposed reviewed in the calendar year 2018, which is no later than the 3rd year af- amendment is based applies to all school districts and BOCES in the State ter the year in which this rule is being adopted. and to charter schools authorized to issue Regents diplomas, it is not pos- Assessment of Public Comment sible to establish differing compliance or reporting requirements or The agency received no public comment. timetables or to exempt schools in rural areas from coverage by the proposed amendment. NOTICE OF ADOPTION 5. RURAL AREA PARTICIPATION: Comments on the proposed amendment were solicited from the English Language Arts (ELA) Graduation Requirements Department's Rural Advisory Committee, whose membership includes school districts located in rural areas. I.D. No. EDU-45-15-00013-A 6. INITIAL REVIEW OF RULE (SAPA § 207): Filing No. 60 Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule Filing Date: 2016-01-12 shall occur in the fifth calendar year after the year in which the rule is Effective Date: 2016-01-27 adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed amendment is necessary to imple- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ment long-range Regents policy providing for a transition to the New cedure Act, NOTICE is hereby given of the following action: York State Common Core Learning Standards (CCLS) adopted at the January 2011 Regents meeting. Accordingly, there is no need for a shorter Action taken: Amendment of section 100.5(g)(1)(i) of Title 8 NYCRR. review period. Statutory authority: Education Law, sections 101(not subdivided), The Department invites public comment on the proposed five year 207(not subdivided), 208(not subdivided), 209(not subdivided), 305(1), review period for this rule. Comments should be sent to the agency contact (2), 308(not subdivided), 309(not subdivided) and 3204(3) listed in item 16. of the Notice of Emergency Adoption and Proposed Rule Subject: English Language Arts (ELA) graduation requirements. Making published herewith, and must be received within 45 days of the Purpose: To provide additional opportunities for students who began State Register publication date of the Notice. grade 9 in 2013 to meet diploma requirements by passing either the Job Impact Statement Regents Comprehensive Examination in English or the Common Core The proposed amendment is necessary to implement requirements for ELA examination at the January 2016 and June 2016 test administrations. transitioning to the New York State Common Core English Language Arts Text or summary was published in the November 10, 2015 issue of the (ELA) examinations. The proposed amendment is necessary to implement Register, I.D. No. EDU-45-15-00013-EP. Regents policy to provide, at the local school district's discretion, additional opportunities for students enrolled in Common Core English Final rule as compared with last published rule: No changes. Language Arts courses, who began grade 9 prior to 2013, to meet diploma Text of rule and any required statements and analyses may be obtained requirements by taking the Regents Comprehensive Examination in En- from: Kirti Goswami, State Education Department, Office of Counsel, glish in addition to the Regents Examination in English Language Arts State Education Building, Room 148, 89 Washington Ave., Albany, NY (Common Core) at the January 2016 and June 2016 examination adminis- 12234, (518) 474-6400, email: [email protected] trations, and meet the English requirement for graduation by passing ei- Initial Review of Rule ther examination. As a rule that requires a RFA, RAFA or JIS, this rule will be initially The proposed amendment relates to State learning standards, State as- reviewed in the calendar year 2020, which is the 4th or 5th year after the

20 NYS Register/January 27, 2016 Rule Making Activities year in which this rule is being adopted. This review period, justification NOTICE OF ADOPTION for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS. Continuing Education Requirements for Licensed Creative Arts An assessment of public comment on the 4 or 5-year initial review pe- Therapists riod is not attached because no comments were received on the issue. I.D. No. EDU-45-15-00016-A Assessment of Public Comment The agency received no public comment. Filing No. 64 Filing Date: 2016-01-12 NOTICE OF ADOPTION Effective Date: 2017-01-01

Continuing Education Requirements for Licensed Marriage and PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Family Therapists cedure Act, NOTICE is hereby given of the following action: I.D. No. EDU-45-15-00015-A Action taken: Addition of section 79-11.8 to Title 8 NYCRR. Filing No. 67 Statutory authority: Education Law, sections 207 (not subdivided), 212(3), 6504 (not subdivided), 6507(2)(a) and 8412; L. 2013, ch. 486; L. Filing Date: 2016-01-12 2014, ch. 15 Effective Date: 2017-01-01 Subject: Continuing education requirements for Licensed Creative Arts Therapists. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Purpose: Implement mandatory continuing education requirements, es- cedure Act, NOTICE is hereby given of the following action: tablish standards for acceptable education and approval of providers. Action taken: Addition of section 79-10.8 to Title 8 NYCRR. Text or summary was published in the November 10, 2015 issue of the Statutory authority: Education Law, sections 207 (not subdivided), Register, I.D. No. EDU-45-15-00016-P. 212(3), 6504 (not subdivided), 6507(2)(a) and 8412; L. 2013, ch. 486; L. Final rule as compared with last published rule: No changes. 2014, ch. 15 Text of rule and any required statements and analyses may be obtained Subject: Continuing education requirements for Licensed Marriage and from: Kirti Goswami, State Education Department, Office of Counsel, Family Therapists. State Education Building, Room 148, 89 Washington Ave., Albany, NY Purpose: Implement mandatory continuing education requirements, es- 12234, (518) 474-6400, email: [email protected] tablish standards for acceptable education and approval of providers. Initial Review of Rule Text or summary was published in the November 10, 2015 issue of the As a rule that requires a RFA, RAFA or JIS, this rule will be initially Register, I.D. No. EDU-45-15-00015-P. reviewed in the calendar year 2021, which is the 4th or 5th year after the Final rule as compared with last published rule: No changes. year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were Text of rule and any required statements and analyses may be obtained contained in a RFA, RAFA or JIS. from: Kirti Goswami, State Education Department, Office of Counsel, An assessment of public comment on the 4 or 5-year initial review pe- State Education Building, Room 148, 89 Washington Ave., Albany, NY riod is not attached because no comments were received on the issue. 12234, (518) 474-6400, email: [email protected] Assessment of Public Comment Initial Review of Rule Since publication of a Notice of Proposed Rule Making in the November As a rule that requires a RFA, RAFA or JIS, this rule will be initially 10, 2015 State Register, the State Education Department received the fol- reviewed in the calendar year 2021, which is the 4th or 5th year after the lowing comments: year in which this rule is being adopted. This review period, justification 1. COMMENT: for proposing same, and invitation for public comment thereon, were A music therapy association and several individual members asserted contained in a RFA, RAFA or JIS. that the $900 application fee for prospective continuing education (CE) An assessment of public comment on the 4 or 5-year initial review pe- providers proposed in section 79-11.8(j)(3) is “exorbitant” and may result riod is not attached because no comments were received on the issue. in a shortage of qualified entities and individuals seeking to offer CE. Assessment of Public Comment These commenters asked that the $900 application fee be waived for Since publication of a Notice of Proposed Rule Making in the November higher education institutions in New York (NY) that offer a degree 10, 2015 State Register, the State Education Department received the fol- program registered as leading to licensure in creative arts therapy and for lowing comments: providers who hold “Pre-Approved Provider” status from the Certification 1. COMMENT: Board for Music Therapists (CBMT). One commenter recommends that individuals, who are licensed in more DEPARTMENT RESPONSE: than one profession established under Article 163 of the Education Law The proposed $900 fee authorizes an approved provider to offer CE for (e.g., mental health counseling and marriage and family therapy), be al- three years, at an effective cost of $300 per year. The $900 fee is the same lowed to use a course they had taken to satisfy the continuing education amount charged to prospective CE providers in 22 of the 26 other profes- (CE) requirements of one profession to satisfy the CE requirements of an- sions with mandatory CE and allows an approved provider to offer other profession(s). The commenter recommended a single consolidated unlimited courses. Education Law § 8412(3)(b) requires prospective CE provider application for qualified entities that seek to offer CE to more providers to submit an application and pay a fee to the Department, pursu- than one of the mental health practitioner (MHP) professions. ant to the Commissioner’s Regulations. Therefore, the proposed fee is DEPARTMENT RESPONSE: consistent with Department policy and the statute. Education Law § 8412(3)(b) requires licensees to complete CE courses Education Law § 8412(3)(b) requires an application and fee and does from a Department approved provider. The commenter's recommendation not give the Department authority to waive this fee for any prospective CE is consistent with the language and intent of the statute and the proposed providers. rules. The Department will take under consideration the commenter's rec- 2. COMMENT: ommendation to allow a prospective CE provider to submit one applica- A music therapy association and several individual members recom- tion and fee for approval to offer courses to one or more of the MHP mended that “diversity” be added to the acceptable subject provisions in professions. However, such courses must be consistent with the profession- section 79-11.8(c)(2)(i)(a). specific requirements for each of the MHP professions for which the DEPARTMENT RESPONSE: provider is seeking to offer courses, and would not be acceptable for The list of acceptable subjects is non-exhaustive, which means that an individuals licensed in another profession established in the Education approved CE provider could offer a course on diversity, as long as it is re- Law outside of Article 163 (e.g., licensed clinical social work), unless the lated to the practice of creative arts therapy (CAT). provider applies and meets the requirements to become an approved 3. COMMENT: provider for that profession under applicable provisions of the Education A music therapy association and several individual members com- Law and Regulations of the Commissioner of Education (e.g., for licensed mented that the proposed credits for the activities specified in section 79- clinical social work, Education Law § 7710[3][b] and 8 NYCRR 11.8(c)(2)(ii)(b) are less than those allowed by CBMT. § 74.10[c][3][ii]). DEPARTMENT RESPONSE: The Department appreciates the comment and notes that no changes are The CE hours in the proposed rule for the specified acceptable activities necessary to implement these regulatory provisions. are consistent with provisions in other professions, e.g., physical therapy,

21 Rule Making Activities NYS Register/January 27, 2016 and social work. The Department must promulgate regulations consistent tive CE providers would restrict access to its courses by NY licensees. with NY law, which requires 36 hours over a 36-month registration period The commenter suggested it will not seek approval in NY and “would or the equivalent of one hour each month. The commenters referenced unfortunately not be able to continue to serve hundreds of music therapists CBMT, which requires 100 hours over a 60-month certification period or LCATs in [NY].” 1.6 hours per month and provides more “generous” hours for comparable DEPARTMENT RESPONSE: activities to meet a total requirement that is nearly 3 times higher than the Education Law § 8412(3)(b) requires LCATs to take courses from CE required by NY law. The proposed regulation is consistent with NY Department approved providers on the basis of an application and fee, law. Licensees who choose to hold a private credential will continue to pursuant to the Commissioner’s Regulations. The proposed rule is consis- receive credit for the activities acceptable to such accrediting body, includ- tent with the statute. Similar regulations for social work CE have resulted ing credit for activities that may not be acceptable for satisfying NY's in more than 320 provider applications and fees in a little over 12 months mandatory CE requirements. from national and state associations, higher education institutions, employ- 4. COMMENT: ers and individuals. Since January 1, 2015, more than 240 providers have An association of music therapists and several individual members been approved and additional information or clarification has been opined that participation in a juried art show or performance, as defined in requested from 79 other applicants in the social work professions. The section 79-11.8(c)(2)(ii)(b)(7), should not be considered acceptable CE Department’s experience with the implementation of the social work CE because participation in these activities does not support the development requirements suggests that there will be sufficient providers to meet the or advancement of the responsive and reflexive skills utilized by licensed demand for CE in CAT. creative arts therapists (LCATs) and mental health providers. The com- 8. COMMENT: menters request that these provisions be removed from the proposed rule. A licensee suggested that the $900 fee to become an approved provider DEPARTMENT RESPONSE: is overly expensive, as many trainings draw from six to 15 participants Education Law § 8404(1)(a) defines the practice of CAT as the “assess- and would not allow the licensee to recoup the application fee. ment, evaluation, and the therapeutic intervention and treatment, which DEPARTMENT RESPONSE: may be either primary, parallel or adjunctive, of mental, emotional, The proposed $900 fee is consistent with the fee in more than 20 other developmental and behavioral disorders through the use of the arts as ap- professions with mandatory CE and, in those professions, the fee is not proved by the department.” The use of the arts, which are defined in sec- adjusted based on the number of learners in a course or the number of tion 52.34(b) of the Commissioner’s Regulations and the proposed rule, proposed courses. When a provider is approved, the entity may offer one provides that acceptable CE includes, but is not limited to art, music, or more courses multiple times and in various formats (in-person, online dance, drama, psychodrama or poetry therapies, for the practice of the or self-study) during the three-year period without paying any additional profession. The proposed rule was developed with the assistance of the fees. State Board for Mental Health Practitioners (MHP), whose members 9. COMMENT: include three LCATs, who recommended these specific provisions A commenter suggested that LCATs could not take courses offered by because, in drama therapy, as well as in other types of CAT, LCATs a psychologist or an organization that is approved to provide CE to other consider the ongoing development of their skill set to include the art form professions, such as licensed clinical social workers. itself and engaging in the art form itself is a rigorous process that builds DEPARTMENT RESPONSE: such skills. It is not necessary to amend the proposed rule, as these activi- The comment is inaccurate as the proposed regulation defines accept- ties would be acceptable for LCATs using art, dance, drama and other au- able subjects as including, but not limited to, cross-disciplinary offerings thorized interventions. from behavioral and social sciences related to CAT practice. A provider 5. COMMENT: who is approved to offer CE to licensed social workers could be eligible to A licensee suggested further conversation with CBMT before the CE apply to offer CE to LCATs. requirements are confirmed. 10. COMMENT: DEPARTMENT RESPONSE: One commenter recommends that individuals, who are licensed in more The proposed rule was developed with the assistance of the State Board than one profession established under Article 163 of the Education Law for MHP, whose members include three LCATs, and 13 other members. (e.g., mental health counseling and marriage and family therapy), be al- The State Board assists the Board of Regents and the Department in lowed to use a course they had taken to satisfy the CE requirements of one regulating the licensing and practice of the professions. These provisions profession to satisfy the CE requirements of another profession(s). The were discussed at several public State Board meetings. Professional as- commenter recommended a single consolidated provider application for sociations and individuals also had the opportunity to comment throughout qualified entities that seek to offer CE to more than one of the MHP the development of the rule, as well as after its publication, in accordance professions. with the State Administrative Procedure Act (SAPA). The proposed rule DEPARTMENT RESPONSE: is in accordance with the authorizing law and is consistent with the Education Law § 8412(3)(b) requires licensees to complete CE courses Department’s CE regulations and policies in 26 other professions. from a Department approved provider. The commenter's recommendation Therefore, at this time, the Department respectfully disagrees with the is consistent with the language and intent of the statute and the proposed commenter’s suggestion that further conversation between the Depart- rule. The Department will consider the recommendation to allow a pro- ment and CBMT should occur before these CE provisions are presented to spective CE provider to submit one application and fee for approval to of- the Board of Regents for permanent adoption. fer courses to one or more of the MHP professions. Such courses must be 6. COMMENT: consistent with the profession-specific requirements for each of the MHP An LCAT commented that mandatory CE that goes beyond CBMT's professions for which the provider is seeking to offer courses, and would CE require-ments would be a financial and temporal hardship and sug- not be acceptable for individuals licensed in another profession established gested that meeting the CBMT CE requirements should be sufficient. in the Education Law outside of Article 163 (e.g., licensed clinical social Another LCAT suggested that the [CBMT] 100 hour acceptable [CE] work), unless the provider applies and meets the requirements to become requirement over a 5-year period provides greater flexibility than the an approved provider for that profession under applicable provisions of proposed regulation and also asked for a more “affordable method” of CE. the Education Law and the Commissioner's Regulations (e.g., for licensed DEPARTMENT RESPONSE: clinical social work, Education Law § 7710[3][b] and 8 NYCRR The proposed rule is consistent with Education Law § 8412(3)(b), § 74.10[c][3][ii]). which requires LCATs to take courses from Department approved provid- 11. COMMENT: ers, based on an application and fee, and the implementation of CE require- Commenters suggested that an individual or an organization that is ments in other licensed professions, in-cluding social work, physical credentialed as a trainer by a private credentialing organization be deemed therapy and massage therapy. Thus, the commenters’ suggested alterna- as a qualified LCAT provider without having to submit an application or tive for satisfying the statutorily mandated CE requirements is contra-ry to fee, to ensure an adequate pool of approved providers, particularly in rural the statute because the Department does not have the authority to adopt areas. CBMT’s or any other organizations’ CE requirements for the purposes of DEPARTMENT RESPONSE: satisfying its CE re-quirements. Additionally, a licensee who fails to meet The suggestions are inconsistent with the statute, which requires all these CE requirements may not register and practice CAT in NY as of prospective CE providers to submit an application and a fee to the Depart- January 1, 2017. The private credential does not authorize the practice of ment, and meet all requirements established in the Commissioner's the profession in NY and, in any choice between a license and a credential; Regulations. The law does not authorize the Department to waive the the licensee’s responsibility is to comply with the applicable NY laws, provider process or fee based on geographic or other considerations. It is rules and regulations to ensure competent and lawful professional practice. also likely that licensees will have access to online content and confer- 7. COMMENT: ences throughout the U.S. offered by Department-approved providers, as A private organization, that is an approved CE provider through CBMT, in other professions. opined that the Department's review and approval processes for prospec- 12. COMMENT:

22 NYS Register/January 27, 2016 Rule Making Activities

An LCAT expressed the hope that national and regional music therapy Law and Regulations of the Commissioner of Education (e.g., for licensed conferences will be acceptable to the Department and asked if every clinical social work, Education Law § 7710[3][b] and 8 NYCRR breakout session attended at such conferences will be acceptable and how § 74.10[c][3][ii]). attendance will be tracked and accepted. The Department appreciates the comment and notes that no changes are DEPARTMENT RESPONSE: If the national or regional organization is a Department approved CE necessary to implement these regulatory provisions. provider, instruction offered at conferences could be considered acceptable CE in NY. Conferences and training activities do not have to take NOTICE OF ADOPTION place in NY to be acceptable, if the provider has been approved by the Department. Section 79-11.8(c)(2) of the proposed regulations define ac- Continuing Education Requirements for Licensed Psychoanalysts ceptable and prohibited subjects; section 79-11.8(i) sets out the recordkeeping process for an approved provider; and section 79-11.8(g) I.D. No. EDU-45-15-00018-A establishes record-keeping requirements for licensees who must attest to Filing No. 65 meeting the CE requirement to complete their triennial registration. Filing Date: 2016-01-12 NOTICE OF ADOPTION Effective Date: 2017-01-01 Continuing Education Requirements for Licensed Mental Health PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Counselors cedure Act, NOTICE is hereby given of the following action: I.D. No. EDU-45-15-00017-A Action taken: Addition of section 79-12.8 to Title 8 NYCRR. Filing No. 66 Statutory authority: Education Law, sections 207 (not subdivided), Filing Date: 2016-01-12 212(3), 6504 (not subdivided), 6507(2)(a) and 8412; L. 2013, ch. 486; L. Effective Date: 2017-01-01 2014, ch. 15 Subject: Continuing education requirements for Licensed Psychoanalysts. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Purpose: Implement mandatory continuing education requirements, es- cedure Act, NOTICE is hereby given of the following action: tablish standards for acceptable education and approval of providers. Action taken: Addition of section 79-9.8 to Title 8 NYCRR. Text or summary was published in the November 10, 2015 issue of the Statutory authority: Education Law, sections 207 (not subdivided), Register, I.D. No. EDU-45-15-00018-P. 212(3), 6504 (not subdivided), 6507(2)(a) and 8412; L. 2013, ch. 486; and Final rule as compared with last published rule: No changes. L. 2014, ch. 15 Subject: Continuing education requirements for Licensed Mental Health Text of rule and any required statements and analyses may be obtained Counselors. from: Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY Purpose: Implement mandatory continuing education requirements, es- 12234, (518) 474-6400, email: [email protected] tablish standards for acceptable education and approval of providers. Text or summary was published in the November 10, 2015 issue of the Initial Review of Rule Register, I.D. No. EDU-45-15-00017-P. As a rule that requires a RFA, RAFA or JIS, this rule will be initially Final rule as compared with last published rule: No changes. reviewed in the calendar year 2021, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification Text of rule and any required statements and analyses may be obtained for proposing same, and invitation for public comment thereon, were from: Kirti Goswami, State Education Department, Office of Counsel, contained in a RFA, RAFA or JIS. State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: [email protected] An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue. Initial Review of Rule As a rule that requires a RFA, RAFA or JIS, this rule will be initially Assessment of Public Comment reviewed in the calendar year 2021, which is the 4th or 5th year after the Since publication of a Notice of Proposed Rule Making in the November year in which this rule is being adopted. This review period, justification 10, 2015 State Register, the State Education Department received the fol- for proposing same, and invitation for public comment thereon, were lowing comments: contained in a RFA, RAFA or JIS. 1. COMMENT: An assessment of public comment on the 4 or 5-year initial review pe- One commenter recommends that individuals, who are licensed in more riod is not attached because no comments were received on the issue. than one profession established under Article 163 of the Education Law Assessment of Public Comment (e.g., mental health counseling and marriage and family therapy), be al- Since publication of a Notice of Proposed Rule Making in the November lowed to use a course they had taken to satisfy the continuing education 10, 2015 State Register, the State Education Department received the fol- (CE) requirements of one profession to satisfy the CE requirements of an- lowing comments: other profession(s). The commenter recommended a single consolidated 1. COMMENT: provider application for qualified entities that seek to offer CE to more One commenter recommends that individuals, who are licensed in more than one of the mental health practitioner (MHP) professions. than one profession established under Article 163 of the Education Law (e.g., mental health counseling and marriage and family therapy), be al- DEPARTMENT RESPONSE: lowed to use a course they had taken to satisfy the continuing education Education Law § 8412(3)(b) requires licensees to complete CE courses (CE) requirements of one profession to satisfy the CE requirements of an- from a Department approved provider. The commenter's recommendation other profession(s). The commenter recommended a single consolidated is consistent with the language and intent of the statute and the proposed provider application for qualified entities that seek to offer CE to more rules. The Department will take under consideration the commenter's rec- than one of the mental health practitioner (MHP) professions. ommendation to allow a prospective CE provider to submit one applica- DEPARTMENT RESPONSE: tion and fee for approval to offer courses to one or more of the MHP Education Law § 8412(3)(b) requires licensees to complete CE courses professions. However, such courses must be consistent with the profession- from a Department approved provider. The commenter's recommendation specific requirements for each of the MHP professions for which the is consistent with the language and intent of the statute and the proposed provider is seeking to offer courses, and would not be acceptable for rules. The Department will take under consideration the commenter's rec- individuals licensed in another profession established in the Education ommendation to allow a prospective CE provider to submit one applica- Law outside of Article 163 (e.g., licensed clinical social work), unless the tion and fee for approval to offer courses to one or more of the MHP provider applies and meets the requirements to become an approved professions. However, such courses must be consistent with the profession- specific requirements for each of the MHP professions for which the provider for that profession under applicable provisions of the Education provider is seeking to offer courses, and would not be acceptable for Law and Regulations of the Commissioner of Education (e.g., for licensed individuals licensed in another profession established in the Education clinical social work, Education Law § 7710[3][b] and 8 NYCRR Law outside of Article 163 (e.g., licensed clinical social work), unless the § 74.10[c][3][ii]). provider applies and meets the requirements to become an approved The Department appreciates the comment and notes that no changes are provider for that profession under applicable provisions of the Education necessary to implement these regulatory provisions.

23 Rule Making Activities NYS Register/January 27, 2016

PROPOSED RULE MAKING addressed; clarify the proper scope of a memorandum of law; requiring parties to submit electronic copies of pleadings and memoranda; and HEARING(S) SCHEDULED providing that filing of pleadings and memoranda is complete upon receipt by the Office of State Review. Procedures for State-Level Review of Impartial Hearing Officer Section 279.9 is amended to clarify the contents of the hearing record, Determinations Regarding Services for Students with Disabilities including the contents of the hearing record in an appeal from an impartial hearing officer's interim determination on pendency; and provide that a I.D. No. EDU-04-16-00004-P State Review Officer has the discretion to impose penalties for the failure of a board of education to file a complete and certified hearing record PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- within the necessary timelines. cedure Act, NOTICE is hereby given of the following proposed rule: Section 279.10 is amended to clarify that a State Review Officer may Proposed Action: Amendment of Part 279 of Title 8 NYCRR. remand a matter to an impartial hearing officer to take additional evidence or make additional findings and clarify procedures relating to extensions Statutory authority: Education Law, sections 101(not subdivided), of time to answer, cross-appeal, or reply. 207(not subdivided), 301(not subdivided), 311(1), 4403(1), (3), 4404(2) Section 279.11 is amended to clarify the procedures relating to and 4410(13) computation of days within which service of pleadings must be made. Subject: Procedures for State-level review of impartial hearing officer Section 279.12 is amended to clarify that the finality of a State Review determinations regarding services for students with disabilities. Officer's decision does not preclude the Office of State Review from cor- Purpose: To revise the procedures for appealing impartial hearing officer recting typographical or clerical errors, which do not result in a change to decisions to a State review officer. the factual or legal basis of the State Review Officer's decision. Public hearing(s) will be held at: 1:00 p.m.-4:00 p.m., Feb. 25, 2016 at Text of proposed rule and any required statements and analyses may be State Education Building, Rms. 5A and 5B, 89 Washington Ave., Albany, obtained from: Kirti Goswami, State Education Department, Office of NY; (Videoconference) Office of Professional Discipline, Regional Of- Counsel, State Education Building, Room 148, 89 Washington Avenue, fice, 85 Allen St., Suite 120, Rochester, NY; 1:00 p.m.-4:00 p.m., Feb. 26, Albany, NY 12234, (518) 474-6400, email: [email protected] 2016 at State Education Building, Rms. 5A and 5B, 89 Washington Ave., Data, views or arguments may be submitted to: Justyn P. Bates, State Albany, NY; (Videoconference) 55 Hanson Place, Rm. 416, Brooklyn, Review Officer, State Education Department, Office of State Review, 80 NY. Wolf Road, Suite 203, Albany, NY 12205, (518) 485-9373, email: Interpreter Service: Interpreter services will be made available to hearing [email protected] impaired persons, at no charge, upon written request submitted within rea- Public comment will be received until: 45 days after publication of this sonable time prior to the scheduled public hearing. The written request notice. must be addressed to the agency representative designated in the paragraph Regulatory Impact Statement below. 1. STATUTORY AUTHORITY: Accessibility: All public hearings have been scheduled at places reason- Education Law section 101 continues the existence of the Education ably accessible to persons with a mobility impairment. Department, with the Board of Regents as its head, and authorizes the Substance of proposed rule (Full text is posted at the following State Regents to appoint the Commissioner as chief administrative officer of the website:www.sro.nysed.gov): The State Education Department proposes Department, which is charged with the general management and supervi- to amend Part 279 of the Regulations of the Commissioner of Education, sion of public schools and the educational work of the State. effective July 1, 2016. The following is a summary of the substantive pro- Education Law section 207 provides the Regents with authority to es- visions of the proposed rule. tablish the educational policies of the State and to adopt rules to carry into Sections 279.1, 279.2, and 279.10 are amended to remove cross- effect such policies and the powers and duties of the Department under the references to Parts 275 and 276 of the Regulations of the Commissioner. laws relating to education. Section 279.1 is amended to clarify the scope of a State Review Of- Education Law section 301 authorizes the Regents to adopt rules confer- ficer's jurisdiction and define the Office of State Review. ring and imposing upon the Commissioner such additional powers and Section 279.2 is amended to clarify that a party seeking review of an duties as may be required for the effective administration of the Depart- impartial hearing officer's decision must personally serve a notice of inten- ment and of the State system of education. tion to seek review and request for review upon the opposing party; that a Education Law section 311(1) authorizes the Commissioner to regulate school district must file a certified copy of the hearing record with the Of- the practice of appeals from actions of local school officials brought pur- fice of State Review; defines the parties as petitioner and respondent; adds suant to Education Law section 310. a requirement that a respondent who intends to cross-appeal file a notice Education Law section 4403(1) and (3) provide the Department with of intention to do so; requires parties to serve a statement of those issues general authority to adopt regulations concerning the provision of a free the party seeks to have reviewed along with the notice of intention; and appropriate public education to students with disabilities. permits a State Review Officer to review a determination despite a party's Education Law section 4404(2) provides for the review of determina- failure to timely serve a notice of intention to seek review. tions of impartial hearing officers regarding services for students with dis- Section 279.3 is amended to modify the notice that must be served with abilities by a State Review Officer, and directs the Commissioner to adopt a request for review. regulations governing the practice and procedures to be followed in Section 279.4 is amended to modify the timelines for serving the request proceedings before the State Review Officer. for review; clarifies the requirements for personal service and specifies the Education Law section 4410(13) authorizes the Commissioner to adopt permissible scope of alternate service; and clarifies that a memorandum of regulations to implement the provisions of that statue, including the law must be served and filed together with the request for review. requirement that a State Review Officer review the decision of an impartial Section 279.5 is amended to modify the time in which an answer to a hearing officer in the manner prescribed by Education law section 4404(2). petition or a cross-appeal must be served; provide that a notice of intention 2. LEGISLATIVE OBJECTIVES: to cross-appeal must be filed with the Office of State Review along with The proposed amendment provides clarification of the procedures an answer with cross-appeal; and clarifies that a memorandum of law concerning appeals of impartial hearing officer decisions to a State Review must be served and filed together with an answer or answer with cross- Officer, pursuant to the authority conferred on the Commissioner by the appeal. aforementioned statutes to regulate the practice and procedures to be fol- Section 279.6 is amended to clarify the permissible scope of a reply and lowed in proceedings before State Review Officers. the acceptable methods of service; and to specify that a State Review Of- 3. NEEDS AND BENEFITS: ficer may require the parties to clarify pleadings or submit further briefing The proposed amendment is needed to correct citations and references, of issues on request. provide clarification of the procedures concerning appeals of impartial Section 279.7 is amended to clarify that all papers submitted to a State hearing officer decisions to a State Review Officer, and to expedite and Review Officer in connection with an appeal must be endorsed with the otherwise facilitate the processing of requests for review to State Review name, mailing address, and telephone number of the party submitting the Officers. papers, or the party's attorney if represented by counsel; provides a form The revisions to sections 279.1, 279.2, and 279.10 remove cross- affidavit for verification of pleadings; and clarifies that oaths may be taken references to Parts 275 and 276 of the Regulations of the Commissioner, before any person authorized by any state to administer oaths. to make it easier for unrepresented parties to access the appeal process. Section 279.8 is amended to clarify that pleadings must be signed by an The revisions to section 279.1 clarify the scope of a State Review Of- attorney or by a party if the party is not represented by counsel; modify the ficer's jurisdiction and define the Office of State Review. permissible lengths of pleadings and memoranda of law; clarify the proper The revisions to section 279.2 require that any party seeking review of form of pleadings and clarify that issues not properly identified will not be an impartial hearing officer's decision must personally serve a notice of

24 NYS Register/January 27, 2016 Rule Making Activities intention to seek review or cross-appeal on the opposing party and requires 5. LOCAL GOVERNMENT MANDATES: parties to serve a statement of those issues the party seeks to have reviewed The proposed amendment relates to appeal procedures for State-level along with the notice of intention. This modification will provide notice to review of determinations of impartial hearing officers in hearing relating the opposing party regarding which of the impartial hearing officer's to the provision of special education to students with disabilities by school determinations will be appealed. The revision also codifies State Review districts. The proposed amendment is needed to correct citations and ref- Officer precedent permitting review of an impartial hearing officer's de- erences, provide clarification of the procedures concerning appeals of termination despite a party's failure to timely serve a notice of intention. impartial hearing officer decisions to a State Review Officer, and to The revisions to section 279.3 modify the notice that must be served expedite and otherwise facilitate the processing of requests for review to with a request for review to comply with the proposed amendments. State Review Officers. The revisions to section 279.4 set a single timeline for serving a request Section 279.1, as revised, clarifies the scope of a State Review Of- for review on the opposing party, simplifying the appeal process. The ficer's jurisdiction. revisions also clarify the requirements for personal service and the permis- Sections 279.2, 279.3, 279.4, 279.5, 279.6, and 279.11, as revised, sible scope of alternate service, alleviating confusion and reducing the clarify the timelines and procedures for service on opposing parties and need for State Review Officers to issue ad hoc determinations. Finally, the filing of documents with the Office of State Review. revisions clarify that a memorandum of law must be served and filed Sections 279.7 and 279.8, as revised, clarify the format of papers filed together with the request for review. This will alleviate confusion from the with the Office of State Review. current wording of the regulations, which some parties took to mean to Section 279.9, as revised, clarifies the contents of the hearing record a permit them to file a memorandum of law at any time during the appeal board of education involved in an appeal to a State Review Officer must process. file with the Office of State Review. The revisions to section 279.5 reduce the time in which an answer to a Section 279.10, as revised, provides that a party seeking an extension of petition or a cross-appeal must be served, facilitating the ability of State time to file an answer, cross-appeal, or reply must establish good cause for Review Officers to comply with federally-mandated decision timelines. In its application and indicate whether the student who is the subject of the conjunction with section 279.2, requiring that any party seeking review appeal is currently receiving special education services. must file a notice of intention to do so prevents any possible prejudice to 6. PAPERWORK: parents of students with disabilities. The revisions also clarify that a mem- The proposed amendment requires the service and filing of a form orandum of law must be served and filed together with an answer or containing information already required to be provided by parties to State- answer with cross-appeal. level review of determinations of impartial hearing officers. The revisions to section 279.6 clarify the permissible scope of a reply, 7. DUPLICATION: alleviating the submission of and need to address pleadings outside the The proposed amendment is consistent with Federal and State require- intended purpose of a reply. The clarification that a State Review Officer ments concerning the provision of special education services to students may require the parties to clarify pleadings or submit further briefing of is- with disabilities and does not duplicate, overlap or conflict with such sues on request will permit the State Review Officer to effectuate his or requirements. her authority to ensure adequate argument on which to decide all issues 8. ALTERNATIVES: raised by the parties. There were no significant alternatives and none were considered. The revisions to section 279.7 provide a necessary clarification now 9. FEDERAL STANDARDS: that Part 279 no longer explicitly cross-references Parts 275 and 276 or the The proposed amendment does not exceed any minimum standards of regulations of the Commissioner. the Federal government for the same or similar subject areas. The revisions to section 279.8 clarify requirements regarding the form 10. COMPLIANCE SCHEDULE: and scope of pleadings and memoranda of law; require parties to submit It is anticipated that parties will be able to comply with the proposed electronic copies of pleadings and memoranda; and provide that filing of amendment by its effective date. pleadings and memoranda is complete upon receipt by the Office of State Regulatory Flexibility Analysis Review. Each of these modifications will facilitate the timely review of Small Businesses: impartial hearing officer decisions by State Review Officers, by requiring The proposed amendment relates to appeal procedures for State-level parties to more clearly state their arguments on appeal and ensuring that review of determinations of impartial hearing officers in hearings relating State Review Officers are vested with the discretion no to consider papers to the provision of special education to students with disabilities by school that are not timely filed with the Office of State Review. districts. The rule does not apply to small businesses since they are not The revisions to section 279.9 clarify the contents of the hearing record parties to such hearings. The amendment will not impose any additional and vest State Review Officers with the discretion to impose sanctions for reporting, recordkeeping or other compliance requirements on small busi- the failure of a board of education to file a complete and certified hearing nesses, nor will it have any adverse economic impact on small businesses. record within the necessary timelines. These revisions are necessary to ad- Because it is evident from the nature of the rule that it does not apply to dress the failure of boards of education to consistently timely file complete small businesses, no further steps were needed to ascertain that fact and and accurate hearing records, significantly infringing on the ability of none were taken. Therefore, a regulatory flexibility analysis for small State Review Officers to timely issue decisions in compliance with State businesses is not required, and one has not been prepared. and federal law. Local Governments: The revisions to section 279.10 clarify that a State Review Officer may 1. EFFECT OF RULE: remand a matter to an impartial hearing officer and clarify procedures re- The proposed amendment is applicable to each of the 695 public school lating to extensions of time. These revisions are necessary to clarify the districts in the State. scope of a State Review Officer's authority to ensure that the parties and 2. COMPLIANCE REQUIREMENTS: impartial hearing officer comply with State and federal requirements. The proposed amendment relates to appeal procedures for State-level The revisions to section 279.11 clarify the computation of days within review of determinations of impartial hearing officers in hearing relating which service of pleadings must be made. to the provision of special education to students with disabilities by school The revisions to section 279.12 clarify that the Office of State Review districts. The proposed amendment is needed to correct citations and ref- may correct typographical or clerical errors not affecting the factual or erences, provide clarification of the procedures concerning appeals of legal basis of a State Review Officer's decision. impartial hearing officer decisions to a State Review Officer, and to 4. COSTS: expedite and otherwise facilitate the processing of requests for review to Costs to State government: none. State Review Officers. Costs to local governments:It is expected that any additional costs will Section 279.2, as revised, will require a board of education which seeks be minimal, and will be absorbed using existing staff and resources. review of the determination of an impartial hearing officer to serve and Costs to private regulated parties: none. file a form containing information the board of education is already Costs to the regulating agency for implementation and continued required to include in pleadings served on the opposing party and filed administration of the rule: none. with the Office of State Review. The proposed amendment corrects citations and references, provides 3. PROFESSIONAL SERVICES: clarification of the procedures concerning appeals of impartial hearing of- The proposed amendment will not increase the level of professional ficer decisions to a State Review Officer, and adds provisions to expedite services needed by local governments to comply with its requirements. By and otherwise facilitate the processing of requests for review to State clarifying matters concerning documents filed with the Office of State Review Officers. The proposed clarifications in the format of pleadings Review, the proposed amendment will reduce the need for professional and memoranda of law as well as filing requirements will reduce the need services regarding routine matters. of parties and staff of Office of State Review (OSR) to spend time clarify- 4. COMPLIANCE COSTS: ing these issues on a case-by-case basis, and overall will result in a reduc- The proposed amendment will have minimal or no effect on costs to lo- tion of associated costs to both parties and OSR staff. cal government, as the only additional compliance requirement, discussed

25 Rule Making Activities NYS Register/January 27, 2016 in compliance requirements section, is the preparation of a form contain- 5. RURAL AREA PARTICIPATION: ing information already required to be presented by the board of education. The proposed amendment was submitted for review and comment to Overall, it is expected that any costs will be minimal, and will be absorbed the Department's Rural Advisory Committee, whose membership includes using existing staff and resources. The proposed clarifications in the school districts located in rural areas. format of pleadings and memoranda of law as well as filing requirements Job Impact Statement will reduce the need of parties and staff of Office of State Review (OSR) The proposed amendment relates to appeal procedures for State-level to spend time clarifying these issues on a case-by-case basis, and overall will result in a reduction of associated costs to both parties and OSR staff. review of determinations of impartial hearing officers in hearings relating 5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY: to the provision of special education to student with disabilities by school The proposed amendment does not impose any additional technological districts and will not have a substantial adverse impact on jobs and requirements on local governments; as all pleadings and memoranda are employment opportunities. Because it is evident from the nature of the generated electronically, the requirement that boards of education file rule that it will not affect job and employment opportunities, no affirma- electronic copies of such imposes no new burden. Economic feasibility is tive steps were needed to ascertain that fact and none were taken. Accord- addressed under the compliance costs section above. ingly, a job impact statement is not required, and one has not been 6. MINIMIZING ADVERSE IMPACT: prepared. The proposed amendment relates to appeal procedures for State-level review of determinations of impartial hearing officers in hearings relating PROPOSED RULE MAKING to the provision of special education to students with disabilities by school districts, and is designed to expedite and otherwise clarify the procedures NO HEARING(S) SCHEDULED used in proceedings before State Review Officers. The proposed amendment is needed to correct citations and references, provide clarification of New York State Seal of Biliteracy the procedures concerning appeals of impartial hearing officer decisions to a State Review Officer, and to expedite and otherwise facilitate the I.D. No. EDU-04-16-00003-P processing of requests for review to State Review Officers. It will have no adverse economic impact on local government, as discussed in the Compli- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ance Cost section. The proposed amendment has been drafted to meet cedure Act, NOTICE is hereby given of the following proposed rule: Federal and State statutory requirements and Regents policy, while Proposed Action: Addition of section 100.5(h) to Title 8 NYCRR. minimizing impact on school districts. 7. LOCAL GOVERNMENT PARTICIPATION: Statutory authority: Education Law, sections 101(not subdivided), Copies of the rule have been provided to District Superintendents with 207(not subdivided), 208(not subdivided), 305(1), (2), 308(not subdi- the request that they distribute them to school districts within their vided), 309(not subdivided) and 815(2)(b) supervisory districts for review and comment. Copies were also provided Subject: New York State Seal of Biliteracy. for review and comment to the chief school officers of the five big city Purpose: To establish requirements for students to earn a State Seal of school districts. Biliteracy. Rural Area Flexibility Analysis Text of proposed rule: Subdivision (h) of section 100.5 of the Regulations 1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS: of the Commissioner of Education is added, effective April 6, 2016, as The proposed amendment is applicable to all public school districts in follows: the State, including those located in the 44 rural counties with less than (h) New York State Seal of Biliteracy. 200,000 inhabitants and the 71 towns in urban counties with a population (1) Purpose and Intent. The purpose of this subdivision is to establish density of 150 per square mile or less. requirements for earning a New York State (NYS) Seal of Biliteracy pursu- 2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE ant to Education Law § 815. The intent of the NYS Seal of Biliteracy is to REQUIREMENTS; AND PROFESSIONAL SERVICES: encourage the study of languages; certify attainment of biliteracy; provide The proposed amendment imposes no additional recordkeeping require- employers with a method of identifying high school graduates with ments, and minimal reporting and other compliance requirements, upon language and biliteracy skills; provide universities with an additional local governments. Section 279.2, as revised, will require a board of educa- method to recognize applicants seeking admission; prepare students with tion which seeks review of the determination of an impartial hearing of- twenty-first century skills; recognize the value of foreign and home ficer to serve and file a form containing information the board of educa- language instruction in schools; and strengthen intergroup relationships, tion is already required to include in pleadings served on the opposing affirm the value of diversity and honor the multiple cultures and languages party and filed with the Office of State Review. The proposed amendment of a community. The NYS Seal of Biliteracy shall be awarded by the Com- will not increase the level of professional services needed by entities in ru- missioner to students who meet the criteria of this subdivision and attend ral areas to comply with its requirements. schools in school districts that are approved by the Commissioner pursu- 3. COSTS: ant to this subdivision to participate in the program. The NYS Seal of The proposed amendment will have minimal or no effect on costs Biliteracy shall be affixed to high school diplomas and transcripts of incurred by school districts, including those in rural areas, as the only ad- graduating pupils attaining Seal criteria. No fee shall be charged to a ditional compliance requirement, discussed in the above Reporting, student pursuant to this subdivision. Recordkeeping and Other Compliance Requirements section, is the prepa- (2) Definitions. For purposes of this section, “foreign language” ration of a form containing information already required to be presented means any language other than English (LOTE) including all modern lan- by the board of education. Overall, it is expected that any costs will be guages, Latin, American Sign Language, Native American languages and minimal, and will be absorbed using existing staff and resources. The native languages. proposed clarifications in the format of pleadings and memoranda of law (3) School district requirements. School district participation in the as well as filing requirements will reduce the need of parties and staff of NYS Seal of Biliteracy program is voluntary. A school district that wishes Office of State Review (OSR) to spend time clarifying these issues on a to participate in the program shall: case-by-case basis, and overall will result in a reduction of associated (i) form a Seal of Biliteracy Committee (SBC). costs to both parties and OSR staff. (a) The SBC shall include, but is not limited to, the following 4. MINIMIZING ADVERSE IMPACT: personnel: The proposed amendment relates to appeal procedures for State-level (1) a world language teacher, review of determinations of impartial hearing officers in hearings relating (2) an English Language Arts (ELA) teacher, to the provision of special education to students with disabilities by school (3) an English for Speakers of Other Languages (ESOL) districts, and is designed to expedite and clarify the procedures used in teacher, proceedings before State Review Officers. The proposed amendment is (4) a guidance counselor, and needed to correct citations and references, provide clarification of the (5) an administrator; procedures concerning appeals of impartial hearing officer decisions to a (b) The SBC shall: State Review Officer, and to expedite and otherwise facilitate the process- (1) create a Seal of Biliteracy plan that includes, but is not ing of requests for review to State Review Officers. The proposed amend- limited to, details concerning committee recruitment and composition, ment has been carefully drafted to meet Federal and State statutory require- communications, student advisement, evaluation, and presentation of ments and Regents policy, while minimizing impact on school districts. awards; Since these proposed requirements must of necessity apply to school (2) create a timeline for all activities pertaining to the Seal of districts State-wide, it was not possible to establish different compliance Biliteracy program including, but not limited to communications, a student and reporting requirements for school districts located in rural areas, or advisement schedule and dates for important benchmarks throughout the exempt them from the provisions of the proposed amendment. program year;

26 NYS Register/January 27, 2016 Rule Making Activities

(3) develop a student application process, including an ap- AAPPL – The ACTFL Assessment of Performance toward Proficiency plication form to be completed by interested students and returned to the in Languages (minimum score I-5) SBC; OPI – The ACTFL Oral Proficiency Interview (minimum score Inter- (4) provide for the assignment of an advisor to each student mediate High) accepted into the program to review program requirements and meet OPIc – The ACTFL Oral Proficiency Computer Test (minimum score regularly with the student to review the student’s progress; and Intermediate High) (5) review and evaluate all coursework, assessments, and other WPT/BWT – The ACTFL Writing Proficiency Test/Business Writing work completed by each student to ensure criteria for the seal are met. Test (minimum score Intermediate High) (ii) submit an application to the Commissioner, in a form and by a RTP – The ACTFL Reading Proficiency Test (minimum score Interme- date prescribed by the Commissioner, for approval for the school district diate High) to participate in the program. Such application shall include a narrative LPT – The ACTFL Listening Proficiency Test (minimum score Interme- that describes how the district will implement the NYS Seal of Biliteracy diate High) program, including plans for program communications, processes ALIRA – The ACTFL Latin Interpretive Reading Assessment (minimum pertaining to student application, advisement and evaluation, and score I-4) timelines and benchmarks for the program. SLPI: ASL – American Sign Language Proficiency Interview (minimum (iii) Participating school districts shall maintain appropriate re- score intermediate plus); and cords in order to identify students who have earned a NYS Seal of (iv) provide transcripts from a school in a foreign country Biliteracy. At the end of each school year in which a school district showing at least three years of instruction in the student’s home/native participates in the program, the school district shall submit a report to the language in Grade 6 or beyond, with equivalent grade average of B or Commissioner, in a form and by a date prescribed by the Commissioner, higher. that includes the number of students receiving the Seal along with relevant (2) Students shall earn two points for achieving this item: pres- data including, but not limited to, the types of languages, number of En- ent a culminating project, scholarly essay, or portfolio that meets the glish Language Learner (ELL) students, and the criteria chosen under criteria for speaking, listening, reading, and writing established by the subparagraphs (ii) and (iii) of paragraph (4) of this subdivision. district’s SBC and that is aligned to the NYS Checkpoint C Learning Stan- (4) Student requirements. dards to a panel selected by the SBC consisting of at least one SBC (i) Minimum requirement. Students who wish to receive the NYS member and at least two reviewers who are proficient in the target Seal of Biliteracy shall complete all requirements for graduating with a language. Regents diploma (however, students in schools with an alternate pathway (iii) Unique Requirements for Specific Languages: Special allow- for graduation approved by the Commissioner will be held to those ances may be necessary to accommodate the unique characteristics of schools’ criteria); certain languages. In cases where language assessments across all three (ii) Additional requirements. Except as provided in subparagraph modes of communication (interpersonal, interpretive and presentational) (iii) of this paragraph, in addition to the minimum requirement listed in may not be appropriate or available, school districts may substitute a dif- subparagraph (i) of this paragraph students shall earn at least three points ferent assessment that meets the intent of the NYS Seal of Biliteracy. in each of the two areas listed below: Students seeking the Seal through languages not characterized by the use (a) Area 1: Criteria for Demonstrating Proficiency in English. of listening, speaking, reading, or for which there is not a writing system, (1) Students shall earn one point per item for achieving the fol- shall demonstrate the expected level of proficiency on an assessment of lowing items: the modalities that characterize communication in that language, consis- (i) Score 75 or higher on the NYS Comprehensive English tent with the recommendations in the “Guidelines for Implementing the Regents Examination, or score 80 or higher on the NYS Regents Examina- Seal of Biliteracy” of the American Council on the Teaching of Foreign tion in English Language Arts (Common Core) (however, students in Languages (ACTFL), the National Association for Bilingual Education schools with an alternate pathway for graduation approved by the Com- (NABE), the National Council of State Supervisors for Languages missioner will be held to those schools’ criteria), or English Language (NCSSFL) and TESOL International Association. Learners (ELLs) score 75 or above on two Regents exams other than En- (a) Latin and Classical Greek: The NYS Seal of Biliteracy shall glish, without translation; be earned by assessment of interpretive reading and presentational writ- (ii) ELLs score at the Commanding level in two modalities ing, not of listening or interpersonal face-to-face communication. on the New York State English as a Second Language Achievement Test (b) American Sign Language (ASL): The NYS Seal of Biliteracy (NYSESLAT); shall be earned by assessment of interpersonal signed exchange, presenta- (iii) complete all 11th and 12th grade ELA courses with an tional signing, and demonstrating understanding of ASL (such as interpret- average of 85 or higher, or a comparable score using another scoring ing a signed lecture or by summarizing and responding to questions aimed system set by the district and approved by the Commissioner; and at overarching understanding). (iv) receive a score of 3 or higher on an Advanced Place- (c) Native American Languages: The NYS Seal of Biliteracy shall ment English Language or English Literature exam, or receive a total be earned by assessment of interpersonal face-to-face communication as score of 80 or higher on the Test of English as a Foreign Language well as interpretive listening and presentational speaking, and writing (TOEFL). and reading where a written code exists. (2) Students shall earn two points for achieving the following Text of proposed rule and any required statements and analyses may be item: present a culminating project, scholarly essay or portfolio that meets obtained from: Kirti Goswami, State Education Department, Office of the criteria for speaking, listening, reading, and writing established by the Counsel, State Education Building Room 148, 89 Washington Ave., school district’s SBC to a panel of reviewers with proficiency in English. Albany, NY 12234, (518) 474-6400, email: [email protected] (b) Area 2: Criteria for Demonstrating Proficiency in a World Language. Data, views or arguments may be submitted to: Angelica Infante-Green, (1) Students shall earn one point per item for achieving the fol- Deputy Commissioner for P-12 Instructional Support, State Education lowing items: Building 2M West, 89 Washington Avenue, Albany, NY 12234, (518) (i) complete a level four Checkpoint C World Language 474-5520, email: [email protected] course, with a grade of 85 or higher, or a comparable score using another Public comment will be received until: 45 days after publication of this scoring system set by the district and approved by the Commissioner, for notice. both the coursework and final examination consistent with Checkpoint C Regulatory Impact Statement Learning Standards; 1. STATUTORY AUTHORITY: (ii) for students enrolled in a bilingual education program, Education Law section 101 continues the existence of the Education complete all required Home Language Arts (HLA) coursework and the Department, with the Board of Regents at its head and the Commissioner district HLA exam with an 85 or higher, or a comparable score using an- of Education as the chief administrative officer, and charges the Depart- other scoring system set by the district and approved by the Commissioner; ment with the general management and supervision of public schools and (iii) score at a proficient level on one or one group, as ap- the educational work of the State. plicable, of the following accredited Checkpoint C World Language Education Law section 207 empowers the Board of Regents and the assessments: Commissioner to adopt rules and regulations to carry out laws of the State AP – Advanced Placement Examination (minimum score 4) regarding education and the functions and duties conferred on the Depart- IB – International Baccalaureate (minimum score 5) ment by law. STAMP4S – Standard Based Measurement of Proficiency (minimum Education Law section 208 authorizes the Regents to establish examina- score 6) tions as to attainments in learning and to award and confer suitable certifi- DELE – Diplomas of Spanish as a Foreign Language through Cervantes cates, diplomas and degrees on persons who satisfactorily meet the Institute of NYC Spanish (minimum score B1) requirements prescribed.

27 Rule Making Activities NYS Register/January 27, 2016

Education Law section 209 authorizes the Regents to establish second- preparation of applications and reports, however the proposed rule will ary school examinations in studies furnishing a suitable standard of gradu- not impose significant costs on participating school districts. The forma- ation and of admission to colleges; to confer certificates or diplomas on tion of a Seal of Biliteracy Committee, with a minimum of four staff students who satisfactorily pass such examinations; and requires the members, may be structured as voluntary membership with no associated admission to these examinations of any person who shall conform to the costs. Costs of communicating the program to the public, which may rules and pay the fees prescribed by the Regents. include brochures, presentations and letters to the public, would range Education Law section 305(1) and (2) provide that the Commissioner, from $0 to $50 per year. In the long term, the proposed rule is expected to as chief executive officer of the State system of education and of the Board foster the graduation of more students with advanced English and world of Regents, shall have general supervision over all schools and institutions language skills that can stimulate workforce productivity and economic subject to the provisions of the Education Law, or of any statute relating to performance in local communities. education, and shall execute all educational policies determined by the (c) Costs to private regulated parties: none. Board of Regents. (d) Costs to regulating agency for implementation and continued Education Law section 308 authorizes the Commissioner to enforce and administration of this rule: none. give effect to any provision in the Education Law or in any other general 5. LOCAL GOVERNMENT MANDATES: or special law pertaining to the school system of the State or any rule or The proposed rule implements Education Law section 815, relating to direction of the Regents. the NYS State Seal of Biliteracy, and does not impose any additional Education Law section 309 charges the Commissioner with the general program, service, duty or responsibility upon local governments. School supervision of boards of education and their management and conduct of district participation in the NYS Seal of Biliteracy program is voluntary. all departments of instruction. School districts that choose to participate in the NYS Seal of Biliteracy Education Law section 815 establishes the New York State Seal of program must form a Seal of Biliteracy Committee, to: (i) create a Seal of Biliteracy program to recognize high school graduates who have attained Biliteracy plan that includes, but is not limited to, details concerning com- a ‘‘high level of proficiency in listening, speaking, reading, and writing in mittee recruitment and composition, communications, student advise- one or more languages, in addition to English.’’ Subdivision (2)(b) of sec- ment, evaluation, and presentation of awards; (ii) create a timeline for all tion 815 directs the Board of Regents to promulgate regulations as may be activities pertaining to the Seal of Biliteracy program including, but not necessary to establish the criteria that students must achieve to earn a State limited to communications, a student advisement schedule and dates for Seal of Biliteracy. important benchmarks throughout the program year; (d) develop a student 2. LEGISLATIVE OBJECTIVES: application process, including an application form to be completed by The proposed rule is consistent with the authority conferred by the interested students and returned to the SBC; and (f) review and evaluate above statutes and is necessary to implement Education Law section 815 all coursework, assessments, and other work completed by each student to by establishing requirements for the State Seal of Biliteracy to recognize ensure criteria for the seal are met. high school graduates who have attained a high level of proficiency in 6. PAPERWORK: listening, speaking, reading, and writing in one or more languages, in ad- School districts must submit an application to the Commissioner, in a dition to English. form and by a date prescribed by the Commissioner, for approval for the 3. NEEDS AND BENEFITS: school district to participate in the program. Participating school districts The proposed rule is necessary to implement Education Law section must maintain appropriate records in order to identify students who have 815, as added by Chapter 271 of the Laws of 2012, by establishing require- earned a NYS Seal of Biliteracy. At the end of each school year in which a ments for the State Seal of Biliteracy to recognize high school graduates school district participates in the program, the school district shall submit who have attained a high level of proficiency in listening, speaking, read- a report to the Commissioner, in a form and by a date prescribed by the ing, and writing in one or more languages, in addition to English. The Commissioner, that includes the number of students receiving the Seal intent of the NYS Seal of Biliteracy is to encourage the study of languages, along with relevant data including, but not limited to, the types of lan- identify high school graduates with language and biliteracy skills for guages, number of English Language Learner (ELL) students, and the employers, provide universities with additional information about ap- criteria chosen under section 100.5(h)(4)(ii) and (iii). plicants seeking admission, prepare students with twenty-first century 7. DUPLICATION: skills, recognize the value of foreign and native language instruction in The proposed rule is necessary to implement Education Law section schools, and affirm the value of diversity in a multilingual society. These 815 by establishing requirements for the State Seal of Biliteracy and does goals are consistent with the Regents Reform Agenda of ensuring that all not duplicate existing State or federal requirements. NYS students graduate college- and career-ready. 8. ALTERNATIVES: In January 2014, the Board of Regents approved a Seal of Biliteracy The proposed rule is necessary to implement Education Law section pilot program for implementation by the New York State Education 815 by establishing requirements for the State Seal of Biliteracy. There Department (NYSED) in the 2014-15 school year. The Seal of Biliteracy are no significant alternatives to the proposed rule and none were pilot program afforded districts an opportunity to develop innovative ways considered. of measuring and creating an approved path to attaining the Seal of 9. FEDERAL STANDARDS: Biliteracy, inform statewide policy development, and share best practices. There are no related federal standards in this area. NYSED selected six districts and 20 individual schools to participate in 10. COMPLIANCE SCHEDULE: the pilot. As a result of the yearlong pilot, NYSED set the target level of It is anticipated regulated parties will be able to achieve compliance proficiency to attain the Seal of Biliteracy at Intermediate High, based on with the proposed rule by its effective date. School districts may choose or the American Council on the Teaching of Foreign Languages (ACTFL) decline to participate in the NYS Seal of Biliteracy program. scale. NYSED also recommended that students have the flexibility to dem- Regulatory Flexibility Analysis onstrate proficiency in English and another language using a variety of Small Businesses: methods including formal, nationally recognized assessments, coursework, The proposed rule is necessary to implement Education Law section projects, essays, portfolios, and prior coursework completed in a foreign 815 by establishing requirements for a State Seal of Biliteracy to recog- country. nize high school graduates who have attained a high level of proficiency A school district interested in implementing a Seal of Biliteracy in listening, speaking, reading, and writing in one or more languages, in program must notify NYSED in writing through an application process. addition to English. The proposed rule relates to State learning standards, The goal of this application process is to encourage planning, responsibil- State assessments, graduation and diploma requirements, and higher levels ity and accountability, as well as give districts a planning structure and al- of student achievement, and will not have an adverse impact on jobs or low NYSED to provide assistance when needed. The NYS Seal of employment opportunities. Because it is evident from the nature of the Biliteracy will be awarded by the Commissioner to students who meet the proposed rule that it does not affect small businesses, no further measures criteria established in the proposed rule and who attend schools in districts were needed to ascertain that fact and none were taken. Accordingly, a that voluntarily agree to participate in the program. The Seal of Biliteracy regulatory flexibility analysis for small businesses is not required and one will be affixed to high school diplomas and transcripts of graduating pupils has not been prepared. attaining Seal criteria and must be made available to students at no cost. Local Governments: 4. COSTS: 1. EFFECT OF RULE: (a) Costs to State government: none. The proposed rule applies to those school districts among the 689 pub- (b) Costs to local government: the proposed rule is necessary to imple- lic school districts in the State who choose to participate in the NYS Seal ment Education Law section 815, relating to the State Seal of Biliteracy, of Biliteracy program. and does not impose any direct costs on school districts. School district 2. COMPLIANCE REQUIREMENTS: participation in the NYS Seal of Biliteracy program is voluntary. For those The proposed rule is necessary to implement Education Law section school districts that choose to participate there may be costs associated 815 by establishing requirements for the State Seal of Biliteracy to recog- with the creation and operation of Seal of Biliteracy Committees and the nize high school graduates who have attained a high level of proficiency

28 NYS Register/January 27, 2016 Rule Making Activities in listening, speaking, reading, and writing in one or more languages, in 8. INITIAL REVIEW OF RULE (SAPA § 207): addition to English. The proposed rule does not directly impose any ad- Pursuant to State Administrative Procedure Act section 207(1)(b), the ditional compliance requirements on school districts. School district State Education Department proposes that the initial review of this rule participation in the NYS Seal of Biliteracy program is voluntary. School shall occur in the fifth calendar year after the year in which the rule is districts that choose to participate in the NYS Seal of Biliteracy program adopted, instead of in the third calendar year. The justification for a five must submit an application to the Commissioner, in a form and by a date year review period is that the proposed rule is necessary to implement prescribed by the Commissioner, for approval for the school district to statutory requirements in Education Law § 815 and therefore the substan- participate in the program. Participating school districts must form a Seal tive provisions of the proposed rule cannot be repealed or modified unless of Biliteracy Committee, to: (i) create a Seal of Biliteracy plan that there is a further statutory change. Accordingly, there is no need for a includes, but is not limited to, details concerning committee recruitment shorter review period. The Department invites public comment on the and composition, communications, student advisement, evaluation, and proposed five year review period for this rule. Comments should be sent presentation of awards; (ii) create a timeline for all activities pertaining to to the agency contact listed in item 10. of the Notice of Proposed Rule the Seal of Biliteracy program including, but not limited to communica- Making published herewith, and must be received within 45 days of the tions, a student advisement schedule and dates for important benchmarks State Register publication date of the Notice. throughout the program year; (d) develop a student application process, Rural Area Flexibility Analysis including an application form to be completed by interested students and 1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS: returned to the SBC; and (f) review and evaluate all coursework, assess- The proposed rule applies to each of the 689 public school districts in ments, and other work completed by each student to ensure criteria for the the State, including those located in the 44 rural counties with less than seal are met. 200,000 inhabitants and the 71 towns in urban counties with a population Participating school districts must also maintain appropriate records in density of 150 per square mile or less. order to identify students who have earned a NYS Seal of Biliteracy. At 2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE the end of each school year in which a school district participates in the REQUIREMENTS; AND PROFESSIONAL SERVICES: program, the school district shall submit a report to the Commissioner, in The proposed rule is necessary to implement Education Law section a form and by a date prescribed by the Commissioner, that includes the 815 by establishing requirements for the State Seal of Biliteracy to recog- number of students receiving the Seal along with relevant data including, nize high school graduates who have attained a high level of proficiency but not limited to, the types of languages, number of English Language in listening, speaking, reading, and writing in one or more languages, in Learner (ELL) students, and the criteria chosen under section addition to English. The proposed rule does not directly impose any ad- 100.5(h)(4)(ii) and (iii). ditional compliance requirements on school districts. School district 3. PROFESSIONAL SERVICES: participation in the NYS Seal of Biliteracy program is voluntary. School The proposed rule does not impose any additional professional services districts that choose to participate in the NYS Seal of Biliteracy program requirements. must submit an application to the Commissioner, in a form and by a date 4. COMPLIANCE COSTS: prescribed by the Commissioner, for approval for the school district to The proposed rule is necessary to implement Education Law section participate in the program. 815, relating to the State Seal of Biliteracy, and does not impose any direct Participating school districts must form a Seal of Biliteracy Committee, costs on school districts. School district participation in the NYS Seal of to: (i) create a Seal of Biliteracy plan that includes, but is not limited to, Biliteracy program is voluntary. For those school districts that choose to details concerning committee recruitment and composition, communica- participate there may be costs associated with the creation and operation tions, student advisement, evaluation, and presentation of awards; (ii) cre- of Seal of Biliteracy Committees and the preparation of applications and ate a timeline for all activities pertaining to the Seal of Biliteracy program reports, however the proposed rule will not impose significant costs on including, but not limited to communications, a student advisement sched- school districts. The formation of a Seal of Biliteracy Committee, with a ule and dates for important benchmarks throughout the program year; (d) minimum of four staff members, may be structured as voluntary member- develop a student application process, including an application form to be ship with no associated costs. Costs of communicating the program to the completed by interested students and returned to the SBC; and (f) review public, which may include brochures, presentations and letters to the pub- and evaluate all coursework, assessments, and other work completed by lic, would range from $0 to $50 per year. In the long term, the proposed each student to ensure criteria for the seal are met. rule is expected to foster the graduation of more students with advanced Participating school districts must also maintain appropriate records in English and world language skills that can stimulate workforce productiv- order to identify students who have earned a NYS Seal of Biliteracy. At ity and economic performance in local communities. the end of each school year in which a school district participates in the 5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY: program, the school district shall submit a report to the Commissioner, in The proposed rule does not impose any new technological requirements a form and by a date prescribed by the Commissioner, that includes the on school districts or charter schools. Economic feasibility is addressed in number of students receiving the Seal along with relevant data including, the Costs section above. but not limited to, the types of languages, number of English Language 6. MINIMIZING ADVERSE IMPACT: Learner (ELL) students, and the criteria chosen under section The proposed rule is necessary to implement Education Law section 100.5(h)(4)(ii) and (iii). 815 by establishing requirements for the State Seal of Biliteracy to recog- 3. COMPLIANCE COSTS: nize high school graduates who have attained a high level of proficiency The proposed rule is necessary to implement Education Law section in listening, speaking, reading, and writing in one or more languages, in 815, relating to the State Seal of Biliteracy, and does not impose any direct addition to English. The proposed rule does not directly impose any ad- costs on school districts in rural areas. School district participation in the ditional compliance requirements on school districts. School district NYS Seal of Biliteracy program is voluntary. For those school districts participation in the NYS Seal of Biliteracy program is voluntary. that choose to participate there may be costs associated with the creation 7. LOCAL GOVERNMENT PARTICIPATION: and operation of Seal of Biliteracy Committees and the preparation of ap- In January 2014, the Board of Regents approved a Seal of Biliteracy plications and reports, however the proposed rule will not impose signifi- pilot program for implementation by the New York State Education cant costs on rural school districts. The formation of a Seal of Biliteracy Department (NYSED) in the 2014-15 school year. The Seal of Biliteracy Committee, with a minimum of four staff members, may be structured as pilot program afforded districts an opportunity to develop innovative ways voluntary with no associated costs. Costs of communicating the program of measuring and creating an approved path to attaining the Seal of to the public, which may include brochures, presentations and letters to Biliteracy, inform statewide policy development, and share best practices. the public, would range from $0 to $50 per year. In the long term, the NYSED selected six districts and 20 individual schools to participate in proposed rule is expected to foster the graduation of more students with the pilot. As a result of the yearlong pilot, NYSED set the target level of advanced English and world language skills that can stimulate workforce proficiency to attain the Seal of Biliteracy at Intermediate High, based on productivity and economic performance in local communities. the American Council on the Teaching of Foreign Languages (ACTFL) 4. MINIMIZING ADVERSE IMPACT: scale. NYSED also recommended that students have the flexibility to dem- The proposed rule is necessary to implement Education Law section onstrate proficiency in English and another language using a variety of 815 by establishing requirements for the State Seal of Biliteracy to recog- methods including formal, nationally recognized assessments, coursework, nize high school graduates who have attained a high level of proficiency projects, essays, portfolios, and prior coursework completed in a foreign in listening, speaking, reading, and writing in one or more languages, in country. addition to English. The proposed rule does not directly impose any ad- In addition, copies of the rule have been provided to District Superinten- ditional compliance requirements on school districts. School district dents with the request that they distribute them to school districts within participation in the NYS Seal of Biliteracy program is voluntary. Because their supervisory districts for review and comment. Copies were also the statutory requirements in Education Law § 815 upon which the regula- provided for review and comment to the chief school officers of the five tion is based apply to all school districts and BOCES in the State, it is not big city school districts. possible to establish differing compliance or reporting requirements or

29 Rule Making Activities NYS Register/January 27, 2016 timetables or to exempt schools in rural areas from coverage by the Shellfish are filter feeders that consume plankton, other minute organ- proposed rule. isms, and particulate matter found in the water column. They are capable 5. RURAL AREA PARTICIPATION: of accumulating pathogenic bacteria, viruses and toxic substances within Comments on the proposed rule were solicited from the Department's their bodies. Consequently, shellfish harvested from areas that do not meet Rural Advisory Committee, whose membership includes school districts the bacteriological standards for certification have an increased potential located in rural areas. to cause illness in shellfish consumers. Closures of shellfish lands that do 6. INITIAL REVIEW OF RULE (SAPA § 207): not meet the water quality standards provide essential protection of public Pursuant to State Administrative Procedure Act section 207(1)(b), the health. Some shellfish growing areas (SGA) will require being reclassified State Education Department proposes that the initial review of this rule as seasonally uncertified. These areas are open during a portion of the year shall occur in the fifth calendar year after the year in which the rule is when water quality meets the criteria for certified classification. The adopted, instead of in the third calendar year. The justification for a five seasonally open dates can vary between SGA because sample collection in year review period is that the proposed rule is necessary to implement statutory requirements in Education Law § 815 and therefore the substan- each area is randomly selected and water quality results will determine tive provisions of the proposed rule cannot be repealed or modified unless when and if areas meet certified criteria for shellfish harvest. Water qual- there is a further statutory change. Accordingly, there is no need for a ity samples that meet criteria during a portion of the year (typically the shorter review period. The Department invites public comment on the colder months of the year) determine the seasonally uncertified open dates. proposed five year review period for this rule. Comments should be sent The 2015 evaluations of certain shellfish growing areas determined that to the agency contact listed in item 10. of the Notice of Proposed Rule portions of the following areas no longer meet the water quality criteria Making published herewith, and must be received within 45 days of the for a certified area: Mount Sinai Harbor, 200 acres (Town of Brookhaven); State Register publication date of the Notice. a portion of Long Island Sound, 72 acres (Towns of Brookhaven and Riverhead); Great Peconic Bay, 65 acres (Towns of Southold and Job Impact Statement Riverhead); Patchogue Bay, 1,028 acres (Towns of Brookhaven and Islip); The proposed rule is necessary to implement Education Law section 815 Cold Spring Harbor, 99 acres (Towns of Huntington and Oyster Bay); by establishing requirements for a State Seal of Biliteracy to recognize Stony Brook Harbor, 300 acres (Towns of Brookhaven and Smithtown); high school graduates who have attained a high level of proficiency in Shinnecock Bay, 60 acres (Town of Southampton); and Acabonac Harbor, listening, speaking, reading, and writing in one or more languages, in ad- 20 acres (Town of East Hampton). These affected areas were closed dition to English. The proposed rule relates to State learning standards, October 14, 2015 by the original Notice of Emergency Adoption and State assessments, graduation and diploma requirements, and higher levels Proposed Rule Making. of student achievement, and will not have an adverse impact on jobs or This emergency rule making is needed to maintain the current closures employment opportunities. Because it is evident from the nature of the until the Notice of Adoption is published and in effect, prevent the harvest proposed rule that it will have a positive impact, or no impact, on jobs or of shellfish from areas that fail to meet the water quality criteria for a cer- employment opportunities, no further steps were needed to ascertain those tified area, and protect public health. facts and none were taken. Accordingly, a job impact statement is not Subject: Sanitary Condition of Shellfish Lands. required and one has not been prepared. Purpose: To reclassify shellfish lands to prohibit the harvest of shellfish. Text of emergency rule: 6 NYCRR Part 41 is amended to read as follows: Clause 41.2(b)(4)(vii)(‘a’) is amended to read as follows: (‘a’) During the period January 1 through December 31, both Department of Environmental dates inclusive, [All] all that area including tributaries south and east of a line extending southerly from the seaward end of the dock serving the Conservation Cold Spring Harbor Beach Club (local landmark) to the western extremity of the white house (known as the Gale House) located on the shoreline immediately west of Cold Spring Beach (local landmark), on the campus of EMERGENCY Cold Spring Harbor Laboratory. Clause 41.2(b)(4)(vii)(‘b’) is renumbered 41.2(b)(4)(vii)(‘c’). RULE MAKING New clause 41.2(b)(4)(vii)(‘b’) is adopted to read as follows: (‘b’) During the period May 1 through October 15, both dates Sanitary Condition of Shellfish Lands inclusive, all that area including tributaries south and east of a line extending westerly from the seaward end of the dock serving the Cold Spring I.D. No. ENV-44-15-00001-E Harbor Beach Club (local landmark) to the flag pole situated near the vil- Filing No. 68 lage hall of the Village of Laurel Hollow, 1492 Laurel Hollow Road (local Filing Date: 2016-01-12 landmark). Clause 41.3(b)(2)(ii)(‘b’) is amended to read as follows: Effective Date: 2016-01-12 (‘b’) During the period [May 1st through December 14th] May 1 through September 30, both dates inclusive, all that area of Great South PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Bay, Patchogue Bay and tributaries [within 500 yards in any direction cedure Act, NOTICE is hereby given of the following action: from the foot of Dunton Avenue, West Bellport.] lying north of a line Action taken: Amendment of Part 41 of Title 6 NYCRR. extending westerly from the southernmost tip of land at Howells Point (local landmark) to the southernmost tip of the fixed dock at the entrance to Statutory authority: Environmental Conservation Law, sections 11-0303, the boat basin at Sayville Yacht Club (local landmark). 13-0307 and 13-0319 Clause 41.3(b)(3)(ii)(‘b’) is amended to read as follows: Finding of necessity for emergency rule: Preservation of public health. (‘b’) During the period [May 1st through December 14th] May Specific reasons underlying the finding of necessity: This rule making is 1 through September 30, both dates inclusive, all that area of Great South necessary to protect the public health. DEC previously filed a Notice of Bay, Patchogue Bay and tributaries [within 500 yards in any direction Emergency Adoption and Proposed Rule Making on October 14, 2015 to from the foot of Dunton Avenue, West Bellport.] lying north of a line designate certain shellfish growing areas as uncertified (closed) for the extending westerly from the southernmost tip of land at Howells Point (lo- harvest of shellfish. These shellfish areas did not meet the bacteriological cal landmark) to the southernmost tip of the fixed dock at the entrance to criteria for a certified (open) shellfish growing area; the emergency rule the boat basin at Sayville Yacht Club (local landmark). closed them for 90 days. The emergency rule will expire on January 11, Clause 41.3(b)(4)(iii)(‘h’) is amended to read as follows: 2016. The Notice of Adoption for the rule will not be published or in ef- (‘h’) During the period May 1[st] through November 30[th] fect before the original emergency adoption expires. This current emer- (both dates inclusive) all that area, including tributaries of Heady Creek, gency rule making is necessary to keep the newly adopted shellfish lying north of a line extending [easterly] due west from the [northeast closures in effect and prevent the harvest and subsequent consumption of corner of the peaked roof of the beige Shinnecock Indian Reservation, old shellfish from areas that do not meet the criteria for a certified area for hatchery building, to a red brick chimney of a two-story residence at 509 shellfish harvest. Environmental Conservation Law section 13-0307 Captains Neck Lane, known locally as “Colonnades,” on the opposite requires that DEC examines shellfish areas and certifies those that are in shoreline (said residence is a two-story structure with natural wood such sanitary condition that shellfish may be taken therefrom and used as shingled siding and a natural wood shingled roof) (1993).] southernmost food; all other areas must be designated as uncertified. Shellfish harvested tip of land on the eastern side of Heady Creek directly across to the op- from areas that do not meet the bacteriological standards for certified posite shoreline. shellfish lands have an increased potential to cause illness in shellfish Clause 41.3(b)(5)(x)(‘a’) is repealed: consumers. New clause 41.3(b)(5)(x)(‘a’) is adopted to read as follows:

30 NYS Register/January 27, 2016 Rule Making Activities

(‘a’) All that area of East Harbor (located in the southernmost Cold Spring Harbor Beach Club (local landmark) to the western extremity portion of Acabonac Harbor) lying south of a line extending northwesterly of the white house (known as the Gale House) located on the shoreline im- from the southernmost point of the southernmost bulkhead located on the mediately west of Cold Spring Beach (local landmark), on the campus of property at 73 Louse Point Road, to an orange marker on the opposite Cold Spring Harbor Laboratory. western shoreline. Clause 41.3(b)(11)(iv)(‘b’) is renumbered to 41.3(b)(11)(iv)(‘c’). Clauses 41.3(b)(5)(x)(‘c’) and (‘d’) are renumbered (‘d’) and (‘e’). New clause 41.3(b)(11)(iv)(‘b’) is adopted to read as follows: New clause 41.3(b)(5)(x)(‘c’) is adopted to read as follows: (‘b’) During the period May 1 through October 15, both dates (‘c’) All that area of Acabonac Harbor, Pussy’s Pond and an inclusive, all that area including tributaries south and east of a line extend- unnamed cove, including tributaries, lying west of a line heading north ing westerly from the seaward end of the dock serving the Cold Spring from an orange marker on the southern shore to an orange marker on the Harbor Beach Club (local landmark) to the flag pole situated near the vil- opposite northern shoreline. Said unnamed cove lies southerly of the Mer- lage hall of the Village of Laurel Hollow, 1492 Laurel Hollow Road (local rill Lake Sanctuary and northerly of Harbor Lane and Shipyard Lane (lo- landmark). cal landmarks in Springs). This notice is intended to serve only as a notice of emergency adoption. Clause 41.3(b)(7)(xi)(‘a’) is amended to read as follows: This agency intends to adopt the provisions of this emergency rule as a (‘a’) All that area of Brushs Creek, including tributaries and the permanent rule, having previously submitted to the Department of State a entrance canal, and all that area of Great Peconic Bay within a [300] 1,000- notice of proposed rule making, I.D. No. ENV-44-15-00001-EP, Issue of yard radius of the southwesternmost corner of the bulkheading protecting November 4, 2015. The emergency rule will expire March 11, 2016. the northern shoreline of the entrance to Brushs Creek. New clause 41.3(b)(8)(iii)(‘b’) is adopted to read as follows: Text of rule and any required statements and analyses may be obtained (‘b’) All that area of Brushs Creek, including tributaries and the from: Matt Richards, New York State Department of Environmental Con- entrance canal, and all that area of Great Peconic Bay within a 1,000- servation, 205 Belle Meade Rd., Suite 1, East Setauket, NY 11733, (631) yard radius of the southwesternmost corner of the bulkheading protecting 444-0491, email: [email protected] the northern shoreline of the entrance to Brushs Creek. Additional matter required by statute: The action is subject to SEQR as Subparagraph 41.3(b)(8)(‘iv’) is amended to read as follows: an Unlisted action and a Short EAF was completed. The Department has (‘iv’) All that area of Long Island Sound within [a 500-yard radius determined that an EIS need not be prepared and has issued a negative of the northernmost point of the rock jetty (local landmark) located at the declaration. The EAF and negative declaration are available upon request. mouth of Wading River Creek.] 500 yards of the shoreline, beginning at a Consolidated Regulatory Impact Statement point 200 yards west of the westernmost point of the west jetty at the 1. Statutory authority: Shoreham Canal to the westernmost point of the paved parking lot at Wad- The statutory authority for designating shellfish lands as certified or ing River Beach located on Creek Road (Hamlet of Wading River). uncertified is given in Environmental Conservation Law (ECL) section 13 Subparagraph 41.3(b)(9)(iii) is amended to read as follows: 0307. Subdivision 1 of section 13 0307 of the ECL requires the Depart- (iii) [Mt.] Mount Sinai Harbor. ment of Environmental Conservation (the department) to periodically Clauses 41.3(b)(9)(iii)(‘a’) through (‘d’) are repealed. conduct examinations of all shellfish lands within the marine district to New clauses 41.3(b)(9)(iii)(‘a’) and (‘b’) are adopted to read as follows: ascertain the sanitary condition of these areas. Subdivision 2 of this sec- (‘a’) During the period May 1 through October 31, both dates tion requires the department to certify which shellfish lands are in such inclusive, all that area of Mount Sinai Harbor, including tributaries, lying sanitary condition that shellfish may be taken for food. Such lands are southerly of a line extending easterly from the northernmost point of the designated as certified shellfish lands. All other shellfish lands are west jetty at the harbor entrance to the northernmost point of the east jetty designated as uncertified. The statutory authority for promulgating regula- at the harbor entrance. tions with respect to the harvest of shellfish is given in ECL section 13 (‘b’) During the period January 1 through December 31, both 0319. dates inclusive, all that area of Mount Sinai Harbor, including tributaries 2. Legislative objectives: lying south of a line extending westerly from the northernmost point of the There are two purposes of the legislation: to ensure that shellfish lands bulkhead at the Town of Brookhaven access point known locally as Sat- are appropriately classified as either certified or uncertified and to protect terly Landing (located on the northern side of Shore Road and west of the public health by preventing the harvest and consumption of shellfish from residence at 182 Shore Road, local landmarks) to the northernmost end of lands that do not meet the standards for a certified shellfish land. This the small white building known locally as “Adee’s Boathouse” (local legislation requires the department to examine shellfish lands and landmark), located on the opposite western shoreline. determine which shellfish lands meet the sanitary criteria for a certified Clause 41.3(b)(9)(iv)(‘e’) is amended to read as follows: shellfish land, as set forth in Part 47 of Title 6 NYCRR, promulgated pur- (‘e’) During the period [May 15th through October 31st] May 1 suant to section 13 0319 of the ECL. Shellfish lands which meet these through December 31, both dates inclusive, all that area of Stony Brook criteria must be designated as certified. Shellfish lands which do not meet Harbor and tributaries lying south of a line extending southeasterly from criteria must be designated as uncertified to prevent the harvest of shell- the southernmost red brick chimney on the Knox School located at 541 fish from those lands. Long Beach Road in the incorporated Village of Nissequogue (said school 3. Needs and benefits: is a three-story red brick building, local landmark) to the southernmost Regulations that designate shellfish lands as certified are needed to al- chimney on the residence at 121 Harbor Road in the incorporated Village low the harvest of shellfish from lands that meet the sanitary criteria for a of Head of the Harbor (said residence is a white three-story structure with certified area. Shellfish are a valuable state resource and, where possible, dark shutters and three chimneys and is located on the Thatch Meadow should be available for commercial and recreational harvest. The clas- Farm property, local landmark). sification of previously uncertified shellfish lands as certified may provide Clause 41.3(b)(9)(‘vi’) is amended to read as follows: additional sources of income for commercial shellfish diggers by increas- (‘vi’) All that area of Long Island Sound within [a 500-yard radius ing the amount of areas available for harvest. Recreational harvesters also of the northernmost point of the rock jetty (local landmark) located at the benefit by having increased harvest opportunities and the ability to make mouth of Wading River Creek.] 500 yards of the shoreline, beginning at a use of a natural resource readily available to the public. The direct harvest point 200 yards west of the westernmost point of the west jetty at the of shellfish for use as food is allowed from certified shellfish lands only. Shoreham Canal to the westernmost point of the paved parking lot at Wad- To protect public health and to comply with ECL 13-0307, the Bureau ing River Beach located on Creek Road (Hamlet of Wading River). of Marine Resources’ Shellfish Sanitation Program conducts and maintains Clause 41.3(b)(10)(ii)(‘d’) is amended to read as follows: sanitary surveys of shellfish growing areas (SGA) in the marine district in (‘d’) During the period [May 15th through October 31st] May 1 New York State. Maintenance of these surveys includes the regular col- through December 31, both dates inclusive, all that area of Stony Brook lection and bacteriological examination of water samples to monitor the Harbor and tributaries lying south of a line extending southeasterly from sanitary condition of SGAs. Triennial water quality evaluation reports the southernmost red brick chimney on the Knox School located at 541 written in 2015 are prepared by the staff of the Shellfish Sanitation Long Beach Road in the incorporated Village of Nissequogue (said school Program for each SGA. These reports present the results of statistical is a three-story red brick building, local landmark) to the southernmost analyses of water quality data comprised of a minimum of 30 water qual- chimney on the residence at 121 Harbor Road in the incorporated Village ity data points. The years involved can vary based on the number of of Head of the Harbor (said residence is a white three-story structure with samples collected for each year, for each growing area. dark shutters and three chimneys and is located on the Thatch Meadow The report summary may state that all or portions of an SGA should be Farm property, local landmark). designated as uncertified for the harvest of shellfish or that all, or portions Existing clause 41.3(b)(11)(iv)(‘a’) is amended to read as follows: of an SGA should be designated as certified or seasonally uncertified for (‘a’) During the period January 1 through December 31, both the harvest of shellfish based on criteria in 6 NYCRR Part 47. dates inclusive, [All] all that area including tributaries south and east of a Regulations that designate shellfish lands as uncertified are needed to line extending southerly from the seaward end of the dock serving the prevent the harvest and consumption of shellfish from lands that do not

31 Rule Making Activities NYS Register/January 27, 2016 meet the sanitary criteria for a certified area. Shellfish harvested from tive to NSSP guidelines. Substantial non conformity with NSSP guidelines uncertified shellfish lands have a greater potential to cause human illness can result in sanctions being taken by FDA, including removal of a state's due to the possible presence of pathogenic bacteria or viruses. These shellfish shippers from the Interstate Certified Shellfish Shippers List. pathogens may cause the transmission of infectious disease to the shellfish This would effectively bar a non conforming state's shellfish products consumer. from interstate commerce. These regulations also protect the shellfish industry. Seafood wholesal- 10. Compliance schedule: ers, retailers, and restaurants are adversely affected by public reaction to Compliance with any new regulations designating areas as certified or instances of shellfish related illness. By prohibiting the harvest of shellfish uncertified does not require additional capital expense, paperwork, from lands that fail to meet the sanitary criteria, these regulations can recordkeeping or any action by the regulated parties. Immediate compli- ensure that only wholesome shellfish are allowed to be sold to the shell- ance with any regulation designating shellfish lands as uncertified is nec- fish consumer. essary to protect public health. Shellfish harvesters are notified of changes 4. Costs: in the classification of shellfish lands by mail either prior to, or concurrent There will be no costs to State or local governments. No direct costs with, the adoption of new regulations. Therefore, immediate compliance will be incurred by regulated commercial shellfish harvesters in the form can be readily achieved. of initial capital investment or initial non capital expenses, in order to Consolidated Regulatory Flexibility Analysis comply with these proposed regulations. The department cannot provide 1. Effect on small business and local government: an estimate of potential lost income to shellfish harvesters when areas are As of August 5, 2015 there were 1,649 licensed shellfish diggers in classified as uncertified, due to a number of variables that are associated New York State for the year 2015. The numbers of permits issued for ar- with commercial shellfish harvesting; nor can the potential benefits be eas in the State are as follows: Town of Babylon, 49; Town of Brookhaven, estimated when areas are reopened. Those variables are listed in the fol- 285; Town of East Hampton, 239; Town of Hempstead, 107; Town of lowing three paragraphs. Huntington, 150; Town of Islip, 128; Town of North Hempstead, 4; Town As of August 5, 2015, the department had issued 1,649 New York State of Oyster Bay, 111; Town of Riverhead, 60; Town of Shelter Island, 33; shellfish digger's permits for the year 2015. However, the actual number Town of Smithtown, 158; Town of Southampton, 158; Town of Southold, of those individuals who harvest shellfish commercially full time is not 227; New York City, 44; Westchester, 3; other, 16. known. Recreational harvesters who wish to harvest more than the daily Any change in the designation of shellfish lands may have an effect on recreational limit of 100 hard clams, with no intent to sell their catch, can shellfish diggers. Each time shellfish lands or portions of shellfish lands only do so by purchasing a New York State digger’s permit. The number are designated as uncertified, there may be some loss of income for shell- of individuals who hold shellfish digger’s permits for that type of fish diggers who are harvesting shellfish from the lands to be closed. This recreational harvest is unknown. The department’s records do not dif- loss may be determined by the acreage to be closed, the type of closure ferentiate between full time and part-time commercial or recreational (whether year-round or seasonal), the species of shellfish present in the shellfish harvesters. area, the area’s productivity, and the market value of the shellfish resource The number of harvesters working in a particular area cannot be in the particular area. estimated for the reason stated above. In addition, the number of harvest- When uncertified shellfish lands are found to meet the sanitary criteria ers in a particular area is dependent upon the season, the amount of shell- for a certified shellfish land, and are then designated as certified, there is fish resource in the area, the price of shellfish and other economic factors, also an effect on shellfish diggers. More shellfish lands are made available unrelated to the department’s proposed regulatory action. When a particu- for the harvest of shellfish, and there is a potential for an increase in lar area is classified as uncertified (closed to shellfish harvesting), harvest- income for shellfish diggers. Again, the effect of the re opening of a ers can shift their efforts to other certified areas. harvesting area is determined by the shellfish species present, the area's Estimates of the existing shellfish resource in a particular embayment productivity, and the market value of the shellfish resource in the area. are not known. Recent shellfish population assessments have not been Local governments on Long Island exercise management authority and conducted by the department. Without this information, the department share law enforcement responsibility for shellfish with the State and the cannot determine the effect a closure or reopening would have on the exist- counties of Nassau and Suffolk. These include the towns of Hempstead, ing shellfish resource. North Hempstead and Oyster Bay in Nassau County and the towns of The department’s actions to classify areas as certified or uncertified are Babylon, Islip, Brookhaven, Southampton, East Hampton, Southold, not dependent on the shellfish resources in a particular area. They are Shelter Island, Riverhead, Smithtown and Huntington in Suffolk County. based solely on the results of water quality analyses, the need to protect Changes in the classification of shellfish lands impose no additional public health, and statutory requirements. requirements on local governments above what level of management and There is no cost to the department. Sampling requirements will likely enforcement that they normally undertake; therefore, there should be no be reduced when an area is reclassified from certified or seasonally effect on local governments. uncertified to seasonally uncertified or uncertified year-round. Administra- 2. Compliance requirements: tion and enforcement of the proposed amendment are covered by existing There are no reporting or recordkeeping requirements for small busi- programs. nesses or local governments. 5. Local government mandates: 3. Professional services: The proposed rule does not impose any mandates on local government. Small businesses and local governments will not require any profes- 6. Paperwork: sional services to comply with proposed rules. No new paperwork is required. 4. Compliance costs: 7. Duplication: There are no capital costs which will be incurred by small businesses or The proposed amendment does not duplicate any state or federal local governments. requirement. 5. Economic and technological feasibility: 8. Alternatives: There are no reporting, recordkeeping, or affirmative actions that small There are no acceptable alternatives. ECL section 13 0307 stipulates businesses or local governments must undertake to comply with the that when the department has determined that a shellfish land meets the proposed rules. Similarly, small businesses and local governments will not sanitary criteria for certified shellfish lands, the department must desig- have to retain any professional services or incur any capital costs to nate the land as certified and open to shellfish harvesting. All other shell- comply with such rules. As a result, it should be economically and techni- fish lands must be designated as uncertified and closed to shellfish cally feasible for small businesses and local governments to comply with harvesting. These actions are necessary to protect public health. Failure to rules of this type. comply with the National Shellfish Sanitation Program (NSSP) guidelines 6. Minimizing adverse impact: could result in a ban on New York State shellfish in interstate commerce The designation of shellfish lands as uncertified may have an adverse and would cause undue hardship to the commercial harvesting industry. impact on commercial shellfish diggers. All diggers in the towns affected 9. Federal standards: by proposed closures will be notified by mail of the designation of shell- There are no federal standards regarding the certification of shellfish fish lands as uncertified prior to the date the closures go into effect. Shell- lands. New York and other shellfish producing and shipping states partici- fish lands which fail to meet the sanitary criteria during specified times of pate in the National Shellfish Sanitation Program (NSSP) which provides the year will be designated as uncertified only during those times. At other guidelines intended to promote uniformity in shellfish sanitation standards times, shellfish may be harvested from those lands (seasonally certified). among members. The NSSP is a cooperative program consisting of the To further minimize any adverse effects of proposed closures, towns may federal government, states and the shellfish industry. Participation in the request that uncertified shellfish lands be considered for conditionally cer- NSSP is voluntary, but participating states agree to follow NSSP water tified designation or for a shellfish transplant project. Shellfish diggers quality standards. Each state adopts its own regulations to implement a will also be able to shift harvesting effort to nearby certified shellfish shellfish sanitation program consistent with the NSSP. The U.S. Food and lands. There should be no significant adverse impact on local govern- Drug Administration (FDA) evaluates state programs and standards rela- ments from most changes in the classification of shellfish lands.

32 NYS Register/January 27, 2016 Rule Making Activities

7. Small business and local government participation: evaluates areas to determine whether they can be opened seasonally dur- Impending shellfish closures are discussed at regularly scheduled Shell- ing periods of improved water quality. The department also operates fish Advisory Committee meetings. This committee, organized by the conditional harvesting programs at the request of, and in cooperation with, department, is comprised of representatives of local baymen’s associa- local governments. Conditional harvesting programs allow harvest in tions, shellfish shippers and local town officials. Through their representa- uncertified areas under prescribed conditions, determined by studies, when tives, shellfish harvesters and shippers can express their opinions and give bacteriological water quality is acceptable. Additionally, the department recommendations to the department concerning shellfish land operates shellfish transplant harvesting programs which allow removal of classification. Local governments, state legislators, and baymen’s shellfish from closed areas for bacterial cleansing in certified areas, organizations are notified by mail and given the opportunity to comment on any proposed rulemaking prior to filing the Notice of Adoption with thereby recovering a valuable resource. Conditional harvesting and shell- the Department of State. fish transplant programs increase harvesting opportunities by making the 8. Cure period or other opportunity for ameliorative action: resource in a closed area available under controlled conditions. Pursuant to SAPA 202-b (1-a)(b), no such cure period is included in the 5. Self-employment opportunities: rule because of the potential adverse impact that could have on the health A large majority of shellfish harvesters in New York State are self- of shellfish consumers. Immediate compliance is required to ensure the employed. Rule makings to change the classification of shellfish lands can general welfare of the public is protected. have an impact on self-employment opportunities. The impact is dependent on the size and productivity of the affected area and the availability Rural Area Flexibility Analysis of adjacent lands for shellfish harvesting. Amendments to 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands, will not impose an adverse impact on rural areas. The marine district will Assessment of Public Comment be directly affected by regulatory initiatives to open or close shellfish The agency received no public comment since publication of the last as- lands to harvest. The Department of Environmental Conservation has sessment of public comment. determined that there are no rural areas within the marine district, and no shellfish lands within the marine district are located adjacent to any rural areas of the state. The proposed regulations will not impose reporting, recordkeeping, or other compliance requirements on public or private Office of Mental Health entities in rural areas. Since no rural areas will be affected by amendments of Part 41, the Department of Environmental Conservation has determined that a Rural Area Flexibility Analysis is not required. NOTICE OF ADOPTION Consolidated Job Impact Statement 1. Nature of impact: Visitation and Inspection of Facilities Environmental Conservation Law section 13-0307 requires that the I.D. No. OMH-44-15-00002-A department examine shellfish lands and certify which shellfish lands are in such sanitary condition that shellfish may be taken for use as food. Shell- Filing No. 59 fish lands that do not meet the criteria for certified (open) shellfish lands Filing Date: 2016-01-12 must be designated as uncertified (closed) to protect public health. Effective Date: 2016-01-27 Rule makings to amend 6 NYCRR 41, Sanitary Condition of Shellfish Lands, can potentially have a positive or negative effect on jobs for shellfish harvesters. Amendments to reclassify areas as certified may increase PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- job opportunities, while amendments to reclassify areas as uncertified cedure Act, NOTICE is hereby given of the following action: may limit harvesting opportunities. Action taken: Amendment of section 553.5 of Title 14 NYCRR. The department does not have specific information regarding the loca- Statutory authority: Mental Hygiene Law, sections 7.09, 31.02, 31.04, tions in which individual diggers harvest shellfish, and therefore is unable 31.05, 31.09, 31.13 and 31.19 to assess the specific job impacts on individual shellfish diggers. In gen- Subject: Visitation and Inspection of Facilities. eral terms, amendments of 6 NYCRR Part 41 to designate areas as uncertified can have negative impacts on harvesting opportunities. The extent of Purpose: To conform existing regulations to statute and enable external the impact will be determined by the acreage closed, the type of closure entity to perform reviews and inspections. (year-round or seasonal), the area’s productivity, and the market value of Text or summary was published in the November 4, 2015 issue of the the shellfish. In general, any negative impacts are small because the Register, I.D. No. OMH-44-15-00002-P. department’s actions to designate areas as uncertified typically only affect Final rule as compared with last published rule: No changes. a small portion of the shellfish lands in the state. Negative impacts are also Text of rule and any required statements and analyses may be obtained diminished in many instances by the fact that shellfish harvesters are able from: Sue Watson, NYS Office of Mental Health, 44 Holland Avenue, to redirect effort to adjacent certified areas. Albany, NY 12229, (518) 474-1331, email: [email protected] 2. Categories and numbers affected: Licensed commercial shellfish diggers can be affected by amendments Assessment of Public Comment to 6 NYCRR Part 41. Most harvesters are self-employed, but there are The agency received no public comment. some who work for companies with privately controlled shellfish lands or who harvest surfclams or ocean quahogs in the Atlantic Ocean. As of August 5, 2015 there were 1,649 licensed shellfish diggers in New York State. The numbers of permits issued for areas in the State are Department of Motor Vehicles as follows: Town of Babylon, 49; Town of Brookhaven, 285; Town of East Hampton, 239; Town of Hempstead, 107; Town of Huntington, 150; Town of Islip, 128; Town of North Hempstead, 4; Town of Oyster Bay, PROPOSED RULE MAKING 111; Town of Riverhead, 60; Town of Shelter Island, 33; Town of Smithtown, 158; Town of Southampton, 158; Town of Southold, 227; NO HEARING(S) SCHEDULED New York City, 44; Westchester, 3; other, 16. It is estimated that ten (10) to twenty-five (25) percent of the diggers Safety Hearings are full-time harvesters. The remainders are seasonal or part-time harvesters. I.D. No. MTV-04-16-00005-P 3. Regions of adverse impact: Certified shellfish lands that could potentially be affected by amend- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ments to 6 NYCRR Part 41 are located in or adjacent to Nassau County cedure Act, NOTICE is hereby given of the following proposed rule: and Suffolk County. There is no potential adverse impact to jobs in any Proposed Action: This is a consensus rule making to amend section 127.6 other areas of New York State. of Title 15 NYCRR. 4. Minimizing adverse impact: Shellfish lands are designated as uncertified to protect public health as Statutory authority: Vehicle and Traffic Law, sections 215(a), 303(f), required by the Environmental Conservation Law. Some impact from rule 398-f, 415(a), 510(3) and 1194(2)(c) makings to close areas that do not meet the criteria for certified shellfish Subject: Safety hearings. lands is unavoidable. Purpose: Conforms standard of proof to Court of Appeals decision and To minimize the impact of closures of shellfish lands, the department DMV practice.

33 Rule Making Activities NYS Register/January 27, 2016

Text of proposed rule: Subdivision (b) of section 127.6 is amended to Consensus Rule Making Determination read as follows: The purpose of this consensus rule is remove the exemption for charter (b) Rules governing the admissibility of evidence in a court of law are buses from the International Registration Plan (the Plan), thereby requir- not applicable to hearings held by the department. Evidence which would ing such buses to register with IRP or obtain a trip permit from the ap- not be admissible in a court, such as hearsay, is admissible in a departmen- propriate jurisdiction. tal hearing. [However, a decision by a hearing officer] The standard of Chapter 755 of the Laws of 1987 authorized the Commissioner of Mo- proof at a hearing shall be [based upon substantial] the preponderance of tor Vehicles to enter into a reciprocal agreement to have this State become the evidence. a member of the International Registration Plan. The International Text of proposed rule and any required statements and analyses may be Registration Plan is a registration reciprocity agreement among states of obtained from: Heidi Bazicki, Department of Motor Vehicles, 6 Empire the United States and provinces of Canada providing for payment of State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: license fees on the basis of total distance operated in all jurisdictions. [email protected] The unique feature of this Plan is that, even though license fees are paid to the various jurisdictions in which fleet vehicles are operated, only one Data, views or arguments may be submitted to: Ida L. Traschen, Depart- license plate and one cab card is issued for each fleet vehicle when ment of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY registered under the Plan. A fleet vehicle is known as an apportioned vehi- 12228, (518) 474-0871, email: [email protected] cle and such vehicle, so far as registration is concerned, may be operated Public comment will be received until: 45 days after publication of this both inter-jurisdictionally and intra-jurisdictionally. notice. The members of the Plan voted on September 18, 2014 to remove the Consensus Rule Making Determination exemption for charter buses. This change makes sense for two reasons. This proposed consensus rule conforms the Commissioner’s regula- First, it aligns charter buses with other buses, all of which are subject to tions to the Department of Motor Vehicles’ long-standing practice of us- the Plan. Second, charter buses will be subject to the federal Performance ing the “preponderance of the evidence” as the standard of proof in the and Registration Information Systems Management (PRISM) program Department’s safety hearings. A safety hearing refers to a hearing to which monitors carrier and drivers safety. investigate a fatal accident, a chemical test refusal hearing, or a hearing to The DMV has been working with motor carriers that operate charter determine whether a regulated party, such as an inspection station or a buses to insure a smooth transition to the Plan. The DMV expects no op- repair shop, has violated the law. While the current version of 15 position to this proposed amendment and, therefore, it is submitted as a N.Y.C.R.R. 127(6) provides that decisions at safety hearings may be based consensus rule. upon “substantial evidence,” the Department has consistently instructed Job Impact Statement and trained its safety hearing officers to make such determinations based A Job Impact Statement is not submitted with this rule because it will not upon a preponderance of the evidence. Similarly, the Department’s writ- have an adverse impact on job creation or development. ten hearing officer manual instructs safety hearing officers to determine matters based upon a preponderance of the evidence. In addition, in Miller v DeBuono, 90 NY2d 733, the Court of Appeals held that the preponderance of the evidence was the appropriate standard of proof at an adminis- Office of Parks, Recreation and trative hearing. Since this rulemaking reflects current Department practice and reflects Historic Preservation the holding of the Court of Appeals, it is appropriately submitted as a consensus rule. Job Impact Statement PROPOSED RULE MAKING A Job Impact Statement is not submitted with this rule because it will not have an adverse impact on job creation or development. NO HEARING(S) SCHEDULED PROPOSED RULE MAKING Replaces Outdated Regional Hunting Regulations with a NO HEARING(S) SCHEDULED Statewide Regulation Establishing a Framework for Regional Hunting Permits International Registration Plan I.D. No. PKR-04-16-00001-P I.D. No. MTV-04-16-00006-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: cedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: Repeal of sections 397.4, 398.4, 398.5, 399.2, 400.4, Proposed Action: This is a consensus rule making to amend section 28.1 415.3, 416.2 and 417.2; amendment of sections 401.2, 402.2, 372.7 and of Title 15 NYCRR. 375.1 of Title 9 NYCRR. Statutory authority: Vehicle and Traffic Law, sections 215(a) and 405-I Statutory authority: Parks, Recreation and Historic Preservation Law, sections 3.02, 3.09(5) and 3.09(8) Subject: International Registration Plan. Subject: Replaces outdated regional hunting regulations with a statewide Purpose: To remove the exemption for charter buses from the International regulation establishing a framework for regional hunting permits. Registration Plan. Purpose: Better enable regions to manage hunting through permit condi- Text of proposed rule: Paragraph (3) of subdivision (c) of section 28.1 is tions rather than regional regulations. amended to read as follows: (3) Exceptions. Notwithstanding the provisions of paragraphs (1) and Text of proposed rule: Title 9 NYCRR Part 397.4, pertaining to the Niag- (2) of this subdivision, recreational vehicles, vehicles displaying restricted ara region and entitled “Hunting and trapping” is repealed. plates[,chartered buses] and government-owned vehicles, are not ap- Title 9 NYCRR Part 398.4, pertaining to the Allegany region and portionable vehicles but may be registered under the plan at the option of entitled “Hunting and trapping” is repealed. the registrant. [Buses used in the transportation of chartered parties are not Title 9 NYCRR § 398.5, pertaining to the Allegany region and entitled subject to IRP registration, but may be IRP registered at the option of the “Hunting areas” is repealed. registrant.] For the purposes of this Part, restricted plates issued by this Title 9 NYCRR Part 399.2, pertaining to the Genesee region and entitled State shall be agricultural commercial plates, special purpose commercial “Hunting and trapping” is repealed. plates, historical plates and farm plates. Title 9 NYCRR Part 400.4, pertaining to the Finger Lakes region and entitled “Hunting” is repealed. Text of proposed rule and any required statements and analyses may be Title 9 NYCRR Part 401.2, pertaining to the Central region and entitled obtained from: Heidi Bazicki, Department of Motor Vehicles, 6 Empire “Hunting; trapping; fishing” is amended as follows: State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: Section 401.2. [Hunting; trapping; f]Fishing [email protected] [(a) No person except under permit from the commissioner shall hunt, Data, views or arguments may be submitted to: Ida L. Traschen, Depart- pursue, trap or in any way molest any wild birds or animals, nor shall any ment of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY person have any such wild bird or animal in his possession. 12228, (518) 474-0871, email: [email protected] (b)] No person shall fish in any waters except at such times and such Public comment will be received until: 45 days after publication of this places where fishing shall be permitted, and then only in accordance with notice. existing State fish and game laws, rules and regulations.

34 NYS Register/January 27, 2016 Rule Making Activities

Title 9 NYCRR Part 402.2, pertaining to the Taconic region and entitled weapons. Except for hunting [where] permitted under subdivision (q), [by “Hunting and fishing” is amended as follows: a rule or regulation of a regional park, recreation and historic preservation Section 402.2. [Hunting and f]Fishing commission, the use or possession of any bow and arrow or muzzle- [(a) No person shall kill, wound, hunt, trap, molest or in any way take loading weapon.] [P]permits shall be subject to the following conditions: or remove or have in his possession any wild animal, fowl, bird, reptile, (1) The use of bows and arrows shall be restricted to areas specifi- amphibian, or shellfish or the eggs of any of the above, from any real cally designated[ and established] for that purpose and conducted[. Such property within the Seventh Park Region (Taconic region), except as noted use shall at all times be] under the direction of a qualified supervisor. below: (2) The use of muzzle-loading weapons shall be limited to demonstra- (1) Taconic State Park. Except in areas designated “No Hunting,” tions and interpretive programming conducted by staff members at State deer hunting is allowed during the seasons and in the manner prescribed historic sites and to special events sponsored by the office, such as the by the Environmental Conservation Law and rules and regulations of the reenacting of Revolutionary or Civil War battles. The weapons shall be Department of Environmental Conservation relating thereto. loaded with blanks only. (2) Lake Taghkanic State Park. Except in areas designated “No Hunt- (q) Hunting. The killing, wounding, hunting, molesting, taking, remov- ing,” deer hunting is allowed only with a longbow and arrow during the ing, or possession of any nest, game, wildlife, shellfish, crustacean, seasons and in the manner prescribed by the Environmental Conservation protected insects, or the eggs of any of the above, on or from any lands Law and rules and regulations of the Department of Environmental Con- under the jurisdiction of the office, except pursuant to a permit issued by servation relating thereto. the region (Regional Permit). (3) Clermont State Park and Clermont Historic Site. Waterfowl hunt- (1) Regional Permits may include but not be limited to the following ing is allowed west of the New York Central railroad tracks and on the conditions: the areas designated for hunting; the species to be hunted; the lands under water as prescribed by the Environmental Conservation Law implements to be used for hunting; and the dates and hours during which and rules and regulations of the Department of Environmental Conserva- hunting is permitted. tion relating thereto, as well as those of the government of the United (2) Except as otherwise provided in this Part and Regional Permit States. No hunting blind may be constructed without a permit issued by conditions, the provisions of the Environmental Conservation Law and its the regional park office. implementing regulations in relation to hunting, including those relating (4) Clarence Fahnestock State Park. to open seasons, hunting hours, manner of taking, use of firearms, tag- (i) Except in areas designated “No Hunting,” deer hunting is al- ging, and transportation, shall apply in the areas designated for hunting. lowed only with a longbow and arrow during the seasons and in the man- (3) The erection of permanent hunting blinds is prohibited. Regional ner prescribed by the Environmental Conservation Law and rules and permits may include a provision allowing a temporary hunting blind. regulations of the Department of Environmental Conservation relating (4) The erection of permanent tree stands is prohibited. Portable tree thereto. stands may be allowed by regional permit provided that they do not dam- (ii) Except in areas designated “No Hunting,” turkey hunting is al- age any trees. Cutting, placing nails or screws into, or otherwise damag- lowed pursuant to a permit issued by the commissioner and in the manner ing trees or other vegetation is prohibited. prescribed by the Environmental Conservation Law and rules and regula- (5) No person shall hunt in an area of a park that is posted or tions of the Department of Environmental Conservation relating thereto, otherwise identified as a “Restricted Area.” except that such hunting (a) shall be permitted only from May 1st through (6) A regional permit shall be valid only for the period for which it is May 16th; (b) shall not be permitted on Saturdays, Sundays or holidays; issued, shall not be transferred, and may be revoked at any time. and (c) shall be permitted only from one-half hour before sunrise until 10 (7) Hunters shall provide a report of their take when requested by the a.m. region. (5) Hudson Highlands State Park. (r) Trapping. The trapping of any game or wildlife on or from any lands (i) Except in areas designated “No Hunting,” deer hunting is al- under the jurisdiction of the office. The Commissioner may issue a permit lowed only with a longbow and arrow during the seasons and in the man- or authorize the region to issue a permit for trapping if the Office has ner prescribed by the Environmental Conservation Law and rules and determined that the population of a specific species has increased to the regulations of the Department of Environmental Conservation relating extent that it may damage vegetation, constitute a hazard to the general thereto. public, threaten a state-listed species, or damage buildings or (ii) Except in areas designated “No Hunting,” turkey hunting is al- infrastructure. lowed pursuant to a permit issued by the commissioner and in the manner Title 9 NYCRR Part 375.1, entitled “Activities absolutely prohibited” prescribed by the Environmental Conservation Law and rules and regula- is amended as follows: tions of the Department of Environmental Conservation relating thereto, Subdivision (p) of Section 375.1 is amended as follows: except that such hunting (a) shall be permitted only from May 1st through (p) Firearms and weapons. May 16th; (b) shall not be permitted on Saturdays, Sundays or holidays; (1) Notwithstanding the provisions of paragraph (2) and (3) of this and (c) shall be permitted only from one-half hour before sunrise until 10 subdivision, no person, other than a member of a Federal, State or munici- a.m. pal law enforcement agency, shall introduce or possess, either upon the (b)] (a) No person shall fish at any State historic site within the Seventh person or within a vehicle, or use any firearm, bow, crossbow, or any Park Region (Taconic region), or at James Baird State Park, except as instrument or weapon the propelling force of which is a spring, rubber or otherwise provided in this subdivision. air or any ammunition or propellant therefor, [or a bow and arrow, except (1) Bass fishing shall be permitted in the pond at the Olana historic for hunting where permitted by a rule or regulation of a regional park, rec- site during such times that may be designated therefor. reation and historic preservation commission or pursuant to a permit is- (2) Open season, size and limits shall be regulated by the Environ- sued by a region according to the provisions of section 376.1(r) of this mental Conservation Law. Title] except pursuant to a permit issued according to part 372 of this (3) Manner of fishing shall be regulated by the Environmental Con- Title. servation Law. (2) Any person employed by a private security firm which has [(c)] (b) Trout fishing in Stillwater Lake, Iron Mine Pond, Ore Pit Pond, contracted with the office or with a lessee or licensee of the office for ser- and Weed Mines Pond within the Seventh Park Region (Taconic region), vices on property under the jurisdiction, custody and control of the office shall be governed by the following regulations: shall be permitted, with the approval of the office, to carry a firearm sup- (1) Open season and size shall be regulated by Environmental Con- plied by his or her employer in the course of his or her employment on servation Law. such property, provided that such person is licensed pursuant to section (2) Daily limit shall be three fish per person. 400.00 of the Penal Law and meets such minimum qualifications as may (3) Manner of fishing shall be restricted to the use of any legal bait or be established by the commissioner. In addition, any firm providing secu- lure other than bait fish. rity services on lands under the jurisdiction of the office shall provide pub- Title 9 NYCRR Part 415.3, pertaining to the Long Island region and lic liability insurance, naming the State as an insured party, in such entitled “Preservation of fish and wildlife” is repealed. amounts as the commissioner shall require. Title 9 NYCRR Part 416.2, pertaining to the Thousand Islands region (3) On certain facilities of the Office, to be determined by the Com- and entitled “Hunting” is repealed. missioner, a person may possess an unloaded weapon for the purpose of Title 9 NYCRR Part 417.2, pertaining to the Saratoga-Capital region accessing adjacent properties for lawful hunting purposes. The list of fa- and entitled “Hunting and trapping” is repealed. cilities shall be published on the Office’s public website. Title 9 NYCRR Part 372.7, entitled “Activities requiring a permit” is Text of proposed rule and any required statements and analyses may be amended as follows: obtained from: Shari Calnero, Office of Parks, Recreation and Historic Subdivision (p) of Section 372.7 is amended and Subdivision (q) and Preservation, OPRHP, Albany, NY 12238 (for USPS mailing), 625 (r) are added as follows: Broadway, Albany NY 12207 (for physical delivery), (518) 486-2921, (p) The use or possession of any [B]bows and arrows or muzzle-loading email: [email protected]

35 Rule Making Activities NYS Register/January 27, 2016

Data, views or arguments may be submitted to: Same as above. Compliance schedule: The rule will take effect on the date the Notice of Public comment will be received until: 45 days after publication of this Adoption is published in the State Register. notice. Regulatory Flexibility Analysis Regulatory Impact Statement A regulatory flexibility analysis is not required for this proposal since it This Regulatory Impact Statement (RIS) describes the Office of Parks, will not impose any adverse economic impact or reporting, record keeping Recreation and Historic Preservation’s (OPRHP or Agency) proposed rule or other compliance requirements on small businesses or local that updates and modernizes the procedures for obtaining permission from governments. The rule replaces scattered, outdated sets of regional hunt- the Agency to hunt within areas of parks and historic sites that have been ing regulations with an updated statewide regulation that conforms to cur- designated by the regional offices. rent permitting practices. Therefore, the rule does not impose any ad- Statutory authority: Section 3.02 of the Parks, Recreation and Historic ditional burden on small business or local government and a Regulatory Preservation Law (PRHPL or Parks Law) directs OPRHP to provide for Flexibility Analysis is not required. the public enjoyment of and access to the State’s resources. In addition, Rural Area Flexibility Analysis sections 3.09(5) and 3.09(8) authorize OPRHP to provide for the health, This rulemaking does not impact any rural areas as defined in New York safety, and welfare of the public using facilities under its jurisdiction and State Administrative Procedure Act section 102(10). The rule replaces to adopt regulations necessary to carry out the functions of the office. The scattered, outdated sets of regional hunting regulations with an updated Agency already regulates hunting through regional regulations found at statewide regulation that conforms to current permitting practices. §§ 397.4, 398.4, 398.5, 399.2, 400.4, 401.2, 402.2, 415.3, 416.2, and Therefore, the rule does not impose any additional regulatory burden and 417.2. Those regional regulations of will be repealed and replaced with a a Rural Area Flexibility Analysis is not required. statewide regulation set forth in 372.7, which provides a framework for Job Impact Statement hunting permits that will continue to be issued by the regions. Trapping A job impact statement is not submitted because this proposed rule will permits will continue to be issued by the Commissioner or her designee as have no adverse impact on jobs or employment opportunities. The rule re- necessary to manage wildlife. places disparate, outdated sets of regional hunting regulations with an Legislative objectives: Updating the archaic regional hunting rules updated statewide regulation that conforms to current permitting practices. confirms OPRHP’s longstanding authority to place statewide conditions on hunting activities within state parks and state historic sites. The rule enhances recreational opportunities for hunters across the state park system and protects the safety and welfare of the public. The rule Public Service Commission establishes a consistent permit framework for hunting across the ten park regions under OPRHP’s jurisdiction and simplifies compliance both for the regional offices and the State’s hunters. Hunting on OPRHP properties is prohibited under the rule except when conducted in an area designated NOTICE OF ADOPTION by a regional permit and in compliance with the applicable provisions of the Environmental Conservation Law. The rule also establishes certain Joint Petition of Time Warner and Charter criteria for permit issuance and enumerates safety measures. I.D. No. PSC-30-15-00003-A Needs and benefits: OPRHP manages public recreational uses for more Filing Date: 2016-01-08 than 60 million visitors to its parks and historic sites each year. By adding hunting and trapping to the statewide list of permitted activities, the Effective Date: 2016-01-08 proposed rule allows the Agency to simplify the process by which regional offices ensure the activities are conducted safely within designated areas PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- of the system. The rule, in conjunction with the permit conditions set by cedure Act, NOTICE is hereby given of the following action: the regional offices, will mitigate or avoid hunting conflicts with other Action taken: On 1/8/16, the PSC adopted an order approving a joint peti- public uses as well as protect park patrons and employees. The present, tion of Time Warner Cable Inc. (Time Warner) and Charter Communica- archaic and disparate sets of hunting regulations established by regional tions, Inc. (Charter) for a holding company level transaction. commissions in the 1970s do not reflect OPRHP’s existing regional hunt- Statutory authority: Public Service Law, sections 99(2), 100(1), 101 and ing practices. The new statewide regulation would allow the regions to 222 designate hunting areas and manage hunting through permit conditions that can be adjusted annually to meet the region’s operational needs. Subject: Joint petition of Time Warner and Charter. Providing public recreational opportunities in a safe environment is Purpose: To approve a joint petition of Time Warner and Charter. central to OPRHP’s statutory mission. Currently, the Agency issues Substance of final rule: The Commission, on January 8, 2016, adopted an permits for a broad range of activities under Section 372.7, including, for order approving a joint petition of Time Warner Cable Inc. and Charter example, camping, picnicking, and the use of fireworks, model planes, Communications, Inc. for a holding company level transaction transfer- and metal detectors. The regulation of those activities is necessary to avoid ring control of Time Warner Cable Information Services (New York), conflicts between uses and to promote public safety. As hunting and trap- LLC, Time Warner Cable Business LLC, Time Warner Cable Northeast ping undoubtedly cause their own use conflicts and risks to public safety, LLC, and Time Warner Cable New York City LLC to Charter Com- OPRHP is obligated to regulate them in a consistent and coherent manner. munications, Inc., subject to the terms and conditions set forth in the order. Cost: The benefits associated with unified, updated, and flexible permit Final rule as compared with last published rule: No changes. frameworks for hunting and trapping will simplify compliance for the regional offices as well as the state’s hunters and trappers. It could increase Text of rule may be obtained from: John Pitucci, Public Service Commis- the likelihood that the public will pursue hunting and obtain licenses that sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- provide additional revenue to the State. This rule will also benefit the pub- 2655, email: [email protected] An IRS employer ID no. or social lic by allowing the regions to continue to provide security for park visitors security no. is required from firms or persons to be billed 25 cents per and employees. OPRHP staff will continue to review the appropriateness page. Please use tracking number found on last line of notice in requests. and timing of these activities in designated areas and will review the Assessment of Public Comment proposed regional permit conditions. As the rule is intended to streamline An assessment of public comment is not submitted with this notice because the regulation of hunting in the regions, OPRHP should not incur any the rule is within the definition contained in section 102(2)(a)(ii) of the costs as a result of promulgation. State Administrative Procedure Act. Local government mandates: The proposed rule does not affect local (15-M-0388SA1) governments. Paperwork: The proposed rule will require Albany staff to continue to PROPOSED RULE MAKING review the areas designated for hunting as well as the conditions under which permitted members of the public may hunt but this could be done NO HEARING(S) SCHEDULED through emails. Hunters will continue to file applications and obtain permits from the regions but the Agency is exploring ways to reduce Whether Hamilton Municipal Utilities Should be Permitted to paperwork and streamline this permit process. Construct and Operate a Municipal Gas Distribution Facility Duplication: None. Alternatives: There is no alternative to streamlining the existing process I.D. No. PSC-04-16-00007-P for issuing hunting permits to make it compatible with current practice in the regions. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Federal standards: None. cedure Act, NOTICE is hereby given of the following proposed rule:

36 NYS Register/January 27, 2016 Rule Making Activities

Proposed Action: The Public Service Commission is considering a peti- continuing support for existing renewable and other non-emitting electric tion filed on December 27, 2013, and supplemented on December 31, generating facilities. The proposal includes a program design for a new 2015, by Hamilton Municipal Utilities regarding approval to create a Mu- Clean Energy Standard to support the State’s environmental and clean nicipal Gas Distribution Facility. energy goals, specifically: 40% reduction in greenhouse gas emissions Statutory authority: Public Service Law, sections 65 and 68 from 1990 levels; 50% of electricity generation coming from carbon-free Subject: Whether Hamilton Municipal Utilities should be permitted to renewables; and 600 trillion Btu in energy efficiency gains, which equates construct and operate a municipal gas distribution facility. to a 23% reduction from 2012 in energy consumption in buildings. Staff’s Purpose: Consideration of the petition by Hamilton Municipal Utilities to proposal would provide funding to support renewable energy resources as construct and operate a municipal gas distribution facility. well as nuclear and other types of facilities that do not emit greenhouse gases or other pollutants while generating electricity. The Commission Substance of proposed rule: The Public Service Commission is considering a petition filed on December 27, 2013, and further supplemented on may adopt, reject, or modify, in whole or in part, the relief proposed and December 31, 2015, by Hamilton Municipal Utilities (Hamilton) regard- may resolve related matters. ing approval to create a Municipal Gas Distribution Facility. Buy Order Text of proposed rule and any required statements and analyses may be dated April 24, 2014 (April 24, 2014 Order), the Commission granted obtained by filing a Document Request Form (F-96) located on our Hamilton a Certificate of Public Convenience and Necessity under Public website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Service Law § 68. As part of its April 24, 2014 Order, the Commission Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, NY required Hamilton to perform by December 31, 2015, a customer survey 12223, (518) 486-2655, email: [email protected] and an economic feasibility study for possible extension of mains and ser- Data, views or arguments may be submitted to: Katheen H. Burgess, Sec- vices to provide gas delivery service to residents in the neighboring Vil- retary, Public Service Commission, 3 Empire State Plaza, Albany, NY lage of Madison. In compliance, on December 31, 2015, Hamilton submit- 12223, (518) 474-6530, email: [email protected] ted plans and proposals addressing the feasibility of bringing natural gas Public comment will be received until: 45 days after publication of this to the neighboring village of Madison. Included in its filing were notice. Hamilton’s Economic Feasibility Study, customer survey, map of the proposed natural gas line, and estimated costs associated with the exten- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural sion of mains and services to the Village of Madison. Hamilton claims the Area Flexibility Analysis and Job Impact Statement extension into the Village of Madison is currently not economically Statements and analyses are not submitted with this notice because the feasible. In addition to the foregoing, Hamilton’s December 31, 2015 fil- proposed rule is within the definition contained in section 102(2)(a)(ii) of ing requests to extend, indefinitely, the existing energy efficiency program the State Administrative Procedure Act. that was approved on an interim basis in the April 24, 2014 Order. (15-E-0302SP1) Hamilton proposes to fund the energy efficiency program and recover costs associated with administering the program through the application of PROPOSED RULE MAKING $0.01 per Ccf adder through its Gas Adjustment Clause (GAC). The adder NO HEARING(S) SCHEDULED was based on 2015 projected sales of one million Ccf and aims to recover $10,000 in total; which would provide approximately 30 rebates of $330 per rebate. The Commission may grant, modify or deny, in whole or in Central Hudson's Remote Net Metering Qualification part, Hamilton’s energy efficiency request and may take any action related Requirements and Application Process for Farms to the other filed documentation regarding a possible extension of gas ser- I.D. No. PSC-04-16-00009-P vice to the Village of Madison, and may consider other related matters. 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 by York 12223-1350, (518) 486-2655, email: [email protected] Hudson Solar to modify the remote net metering qualification require- Data, views or arguments may be submitted to: Kathleen H. Burgess, ments and application process for farms of Central Hudson Gas & Electric Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Corporation (Central Hudson). New York 12223-1350, (518) 474-6530, email: [email protected] Statutory authority: Public Service Law, sections 5(2), 66-j and 66-l Public comment will be received until: 45 days after publication of this Subject: Central Hudson's remote net metering qualification requirements notice. and application process for farms. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Purpose: Consider Central Hudson's remote net metering qualification Area Flexibility Analysis and Job Impact Statement requirements and application process for farms. Statements and analyses are not submitted with this notice because the Substance of proposed rule: The Public Service Commission is consider- proposed rule is within the definition contained in section 102(2)(a)(ii) of ing Hudson Solar’s Petition To Modify Central Hudson’s Remote Net the State Administrative Procedure Act. Metering Qualification Requirements and Application Process for Farms (13-G-0584SP3) under Public Service Law § 66-j, filed December 29, 2015. The Petition requests that the Commission modify requirements of Central Hudson Gas PROPOSED RULE MAKING & Electric Corporation (Central Hudson) to simplify its application process for family farms, as well as to provide more clarity to all applicants. NO HEARING(S) SCHEDULED The Petition also requests that William Werba, a Hudson Solar customer, be given credit by Central Hudson for all generation from the date Clean Energy Standard interconnection of his solar photovoltaic generation system was approved, I.D. No. PSC-04-16-00008-P July 30, 2015. The Commission may grant or deny, in whole or in part, the relief requested, and may resolve related matters. Text of proposed rule and any required statements and analyses may be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- obtained by filing a Document Request Form (F-96) located on our cedure Act, NOTICE is hereby given of the following proposed rule: website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Proposed Action: The Commission is considering a Clean Energy Stan- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New dard to provide funding for the construction of new and continuing sup- York 12223-1350, (518) 486-2655, email: [email protected] port for existing renewable and other non-emitting electric generating Data, views or arguments may be submitted to: Kathleen H. Burgess, facilities. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Statutory authority: Public Service Law, sections 5(1)(b), 65(1), (2), (3), New York 12223-1350, (518) 474-6530, email: [email protected] 66(1), (2), (3), (5), (8) and (12) Public comment will be received until: 45 days after publication of this Subject: Clean Energy Standard. notice. Purpose: To consider funding for renewable and other non-emitting Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural electric generation facilities. Area Flexibility Analysis and Job Impact Statement Substance of proposed rule: The Public Service Commission is consider- Statements and analyses are not submitted with this notice because the ing a Department of Public Service Staff (Staff) proposal for a Clean proposed rule is within the definition contained in section 102(2)(a)(ii) of Energy Standard to provide funding for the construction of new and the State Administrative Procedure Act.

37 Rule Making Activities NYS Register/January 27, 2016

(15-E-0757SP1) tion, filed by Nobody Leaves Mid-Hudson, to investigate claims that certain practices of Central Hudson Gas and Electric Corporation resulted PROPOSED RULE MAKING in violations of the Home Energy Fair Practices Act (HEFPA). NO HEARING(S) SCHEDULED Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Proposed Revisions to Add and Clarify Provisions Related to Subject: Investigation that certain practices of Central Hudson Gas and Electric Generators Under SC No. 14 Electric Corporation resulted in violations of HEFPA. Purpose: To consider the Petition of Nobody Leaves Mid-Hudson to I.D. No. PSC-04-16-00010-P investigate Central Hudson for claims of HEFPA violations. Substance of proposed rule: The Commission is considering a Petition, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- filed by Nobody Leaves Mid-Hudson on December 21, 2015, to investigate claims that certain practices of Central Hudson Gas and Electric Corpora- cedure Act, NOTICE is hereby given of the following proposed rule: tion have resulted in violations of the Home Energy Fair Practices Act Proposed Action: The Commission is considering a proposal by Niagara (HEFPA). The Commission may adopt, reject or modify, in whole or in Mohawk Power Corporation d/b/a National Grid to revise provisions re- part, the relief requested and may resolve related matters. lated to electric generators under SC No. 14—Gas Transportation Ser- Text of proposed rule and any required statements and analyses may be vices for Dual Fuel Electric Generators in P.S.C. No. 219—Gas. obtained by filing a Document Request Form (F-96) located on our Statutory authority: Public Service Law, section 66(12) website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Subject: Proposed revisions to add and clarify provisions related to electric Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New generators under SC No. 14. York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, Purpose: To consider revisions to SC No. 14 and align the electric gener- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, ator provisions with its downstate companies, KEDLI and KEDNY. New York 12223-1350, (518) 474-6530, email: [email protected] Substance of proposed rule: The Public Service Commission is consider- Public comment will be received until: 45 days after publication of this ing modifications proposed by Niagara Mohawk Power Corporation d/b/a notice. National Grid (NMPC) to Service Classification (SC) No. 14 - Gas Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Transportation Services for Dual Fuel Electric Generators in P.S.C. No. Area Flexibility Analysis and Job Impact Statement 219 - Gas. NMPC proposes to add and clarify provisions related to electric Statements and analyses are not submitted with this notice because the generators that take transportation service under SC No. 14 as well as proposed rule is within the definition contained in section 102(2)(a)(ii) of align the provisions with National Grid’s downstate companies, KeySpan the State Administrative Procedure Act. Gas East Corporation d/b/a National Grid (KEDLI) and The Brooklyn Union Gas Company d/b/a National (KEDNY). NMPC proposes to: (1) (15-M-0756SP1) offer a daily balancing service to electric generators; (2) establish daily PROPOSED RULE MAKING balancing provisions that are aligned with KEDLI and KEDNY that specify cashout tier limits and cashout prices for daily imbalances; (3) NO HEARING(S) SCHEDULED implement a daily balancing service demand charge applicable to electric generators taking daily balancing service to recover the cost of firm capa- Proposal to Mothball Three Gas Turbines Located at the Astoria city assets used by NMPC to provide daily balancing service; (4) add and Gas Turbine Generating Station clarify provisions addressing negotiated gas transportation service options; (5) clarify the authorized gas use provisions and charges; (6) add I.D. No. PSC-04-16-00012-P new provisions to (a) address operational flow orders and noncompliance penalties, (b) allow NMPC to require electric generators to install and pay PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- for a remote operated valve if the generator fails to comply with an issued cedure Act, NOTICE is hereby given of the following proposed rule: interruption and require new electric generators to install and pay for Proposed Action: The Commission is considering a Notice of Intent from remote operated valves; and (c) allow NMPC to waive the dual fuel NRG Energy, Inc. to mothball three units at its Astoria Gas Turbine requirement subject to NMPC’s assessment that system reliability would Generating Station located in New York City, New York. not be compromised. The proposed amendments have an effective date of November 1, 2016. The Commission may adopt, modify, or reject, in Statutory authority: Public Service Law, sections 2(11), (13), 2(23), whole or in part, the relief proposed and may resolve other related matters. 5(1)(b), 65(1), (2), (3), 66(1), (2), (3), (5), (12) and 70 Text of proposed rule and any required statements and analyses may be Subject: Proposal to mothball three gas turbines located at the Astoria Gas obtained by filing a Document Request Form (F-96) located on our Turbine Generating Station. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Purpose: Consider the proposed mothball of three gas turbines located at Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New the Astoria Gas Turbine Generating Station. York 12223-1350, (518) 486-2655, email: [email protected] Substance of proposed rule: The New York State Public Service Com- Data, views or arguments may be submitted to: Kathleen H. Burgess, mission (Commission) is considering a Notice of Intent to Mothball Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Astoria Gas Turbine Units 8, 10, & 11 (Mothball Notice) filed by NRG New York 12223-1350, (518) 474-6530, email: [email protected] Energy, Inc. (NRG). The Mothball Notice asserts that the indicated gas Public comment will be received until: 45 days after publication of this turbine units currently are in a Forced Outage state and cannot be restored notice. to service without extensive repairs that are not economically justifiable at this time. NRG proposes to mothball Units 8, 10, and 11, and requests that Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural the Commission apply, and waive, a 90-day period for notices to mothball Area Flexibility Analysis and Job Impact Statement or retire a generation unit. The Commission may adopt, reject or modify, Statements and analyses are not submitted with this notice because the in whole or in part, the relief proposed and may resolve related matters. proposed rule is within the definition contained in section 102(2)(a)(ii) of Text of proposed rule and any required statements and analyses may be the State Administrative Procedure Act. obtained by filing a Document Request Form (F-96) located on our (15-G-0759SP1) website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New PROPOSED RULE MAKING York 12223-1350, (518) 486-2655, email: [email protected] NO HEARING(S) SCHEDULED Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Investigation That Certain Practices of Central Hudson Gas and New York 12223-1350, (518) 474-6530, email: [email protected] Electric Corporation Resulted in Violations of HEFPA Public comment will be received until: 45 days after publication of this notice. I.D. No. PSC-04-16-00011-P 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 proposed rule: proposed rule is within the definition contained in section 102(2)(a)(ii) of Proposed Action: The Public Service Commission is considering a Peti- the State Administrative Procedure Act.

38 NYS Register/January 27, 2016 Rule Making Activities

(16-E-0003SP1) ects are eligible for grandfathering into monetary crediting under the Transition Plan Order, which provides that the minimum grandfathering PROPOSED RULE MAKING period is twenty-five years (from the later of the date of the Transition NO HEARING(S) SCHEDULED Plan Order or the project in-service date) and that developers may petition for an extended grandfathering period. The Commission may adopt, reject, Proposal to Find That Three Gas Turbines Located at the or modify, in whole or in part, the relief proposed and may resolve related Astoria Gas Turbine Generating Station Are Uneconomic matters. I.D. No. PSC-04-16-00013-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 website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New cedure Act, NOTICE is hereby given of the following proposed rule: York 12223-1350, (518) 486-2655, email: [email protected] Proposed Action: The Commission is considering an economic analysis that NRG Energy, Inc. filed with the Notice of Intent to mothball three Data, views or arguments may be submitted to: Kathleen H. Burgess, units at its Astoria Gas Turbine Generating Station located in New York Secretary, Public Service Commission, 3 Empire State Plaza, Albany, City, New York. New York 12223-1350, (518) 474-6530, email: [email protected] Statutory authority: Public Service Law, sections 2(11), (13), 2(23), Public comment will be received until: 45 days after publication of this 5(1)(b), 65(1), (2), (3), 66(1), (2), (3), (5), (12) and 70 notice. Subject: Proposal to find that three gas turbines located at the Astoria Gas Turbine Generating Station are uneconomic. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Purpose: Consider whether three gas turbines located at the Astoria Gas Area Flexibility Analysis and Job Impact Statement Turbine Generating Station are uneconomic. Statements and analyses are not submitted with this notice because the Substance of proposed rule: The New York State Public Service Com- proposed rule is within the definition contained in section 102(2)(a)(ii) of mission (Commission) is considering a petition that NRG Energy, Inc. the State Administrative Procedure Act. (NRG) filed on January 4, 2016 requesting acceptance of its economic (16-E-0007SP1) analysis accompanying its Notice of Intent to Mothball Astoria Gas Turbine Units 8, 10, & 11. According to NRG, the economic analysis PROPOSED RULE MAKING satisfies the December 14, 2013 Commission order issued in Case 12-E- 0359, which required NRG to demonstrate that a generation unit is uneco- NO HEARING(S) SCHEDULED nomic if the company were to propose deactivating that unit for financial reasons. The Commission may adopt, reject or modify, in whole or in part, Minor Electric Rate Filing the relief proposed and may resolve related matters. I.D. No. PSC-04-16-00015-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 website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] cedure Act, NOTICE is hereby given of the following proposed rule: Data, views or arguments may be submitted to: Kathleen H. Burgess, Proposed Action: The Public Service Commission is considering a Secretary, Public Service Commission, 3 Empire State Plaza, Albany, proposed rate filing by the Village of Fairport to increase its annual electric New York 12223-1350, (518) 474-6530, email: [email protected] revenues by approximately $464,440 or 2.49% to become effective July 1, Public comment will be received until: 45 days after publication of this 2016. notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Statutory authority: Public Service Law, sections 5, 65 and 66 Area Flexibility Analysis and Job Impact Statement Subject: Minor electric rate filing. 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 Purpose: To consider the Village of Fairport's proposed increase in an- the State Administrative Procedure Act. nual electric revenues by approximately $464,440 or 2.49%. (16-E-0004SP1) Substance of proposed rule: The Commission is considering a proposal PROPOSED RULE MAKING filed by the Village of Fairport (Fairport) to increase its annual electric revenues by approximately $464,440 or 2.49%. Fairport states the primary NO HEARING(S) SCHEDULED reasons for the proposed rate increase are an expected low rate of return of 0.88% on surplus and increased expenses such as purchased power, labor Extension of the Monetary Crediting Period to Thirty Years for and fringe benefits. The proposed filing has an effective date of July 1, Four Specified Photovoltaic Projects 2016. The Commission may adopt, reject or modify, in whole or in part, the relief proposed and may resolve related matters. I.D. No. PSC-04-16-00014-P Text of proposed rule and any required statements and analyses may be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- obtained by filing a Document Request Form (F-96) located on our cedure Act, NOTICE is hereby given of the following proposed rule: website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Proposed Action: The Commission is considering a petition filed by Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Distributed Sun LLC, Building Energy Development US, LLC, and York 12223-1350, (518) 486-2655, email: [email protected] Cornell University requesting an extension of the monetary crediting pe- Data, views or arguments may be submitted to: Kathleen H. Burgess, riod to thirty years for four specified photovoltaic projects. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, Statutory authority: Public Service Law, sections 66-j and 66-l New York 12223-1350, (518) 474-6530, email: [email protected] Subject: Extension of the monetary crediting period to thirty years for four specified photovoltaic projects. Public comment will be received until: 45 days after publication of this Purpose: To consider extending the monetary crediting period to thirty notice. years for four specified photovoltaic projects. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Substance of proposed rule: The Public Service Commission is consider- Area Flexibility Analysis and Job Impact Statement ing a petition filed by Distributed Sun LLC, Building Energy Develop- Statements and analyses are not submitted with this notice because the ment US, LLC, and Cornell University (collectively, the “Petitioners”) on December 22, 2015, requesting an extension of the monetary crediting pe- proposed rule is within the definition contained in section 102(2)(a)(ii) of riod to thirty years for four specified photovoltaic projects. The Petitioners the State Administrative Procedure Act. request an Order determining that the Petitioners’ four photovoltaic proj- (16-E-0005SP1)

39 Rule Making Activities NYS Register/January 27, 2016

(j) “Transit Vehicle” shall include every motor vehicle, and any other device, which is capable of being moved within, upon, above, or below a Rochester-Genesee Regional public highway, that is owned or operated by RGRTA. § 2800.3. Prohibited Conduct Transportation Authority (a) Using any nicotine product, tobacco product, or smoking device except at a designated place. (b) Any of the following: littering; or dumping any materials; or pro- PROPOSED RULE MAKING ducing unreasonable noise; or disturbing others by engaging in raucous, unruly, aggressive, violent, or harmful behavior; or consuming or carrying NO HEARING(S) SCHEDULED an alcoholic beverage; or carrying or storing any firearm or other danger- ous weapon or article; or engaging in any form of gambling. Identifies Prohibited Conduct, Consequences of Prohibited (c) Expelling bodily fluid or human waste except in the appropriate ar- Conduct, and the Available Appeals Process eas of restroom facilities. I.D. No. RGT-04-16-00002-P (d) Carrying hazardous material, especially flammable liquids or explosives. (e) Hindering or seriously disrupting the provision or use of transit PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- services. cedure Act, NOTICE is hereby given of the following proposed rule: (f) Tampering with fire and police apparatus or causing any false alarm Proposed Action: Addition of Part 2800 to Title 21 NYCRR. of fire. Statutory authority: Public Authorities Law, art. 5 (g) Falsely reporting an incident. Subject: Identifies prohibited conduct, consequences of prohibited (h) Destroying or damaging RGRTA property or any materials on tran- conduct, and the available appeals process. sit property. Purpose: To provide rules governing prohibited conduct to enhance the (i) Throwing any object at or within RGRTA transit vehicles, facilities, safety of the public using RGRTA's transportation services. and properties; or at any person therein; or out of any door or window. (j) Bringing any uncaged animal onboard or inside other than a service Substance of proposed rule (Full text is posted at the following State animal. website:http://www.myrts.com): § 2800.1. Introduction (a) RGRTA provides public transportation services for the benefit of (k) Allowing any animal to unreasonably disturb others or interfere RGRTA and its subsidiaries, its employees and the public. To maintain with transit-related activities. services that are orderly, safe, secure, comfortable, and convenient, the (l) Roller-skating, roller-shoes, rollerblading, or skateboarding. Rules of Conduct are intended to regulate conduct occurring on RGRTA (m) Cycling except where public vehicle travel and access is permitted. transit vehicles, within or upon RGRTA facilities and properties, includ- (n) Operating, stopping, standing, or parking a vehicle in any roadway ing the RTS Transit Center located at 60 St. Paul Street in Rochester, New or location restricted for use only by RGRTA transit vehicles or otherwise York, and in connection with RGRTA’s provision of public transportation restricted. services. If any one or more of the provision(s) in the Rules of Conduct (o) Eating in prohibited areas. shall be declared by any court of competent jurisdiction to be contrary to (p) Using a sound-amplifying device, except as authorized by RGRTA law, then such provision(s) shall be null and void, and shall be deemed or its designee. separable from the remaining provisions in the Rules of Conduct, and (q) Sitting or lying on floors, sidewalks, asphalt, or other ground cover- shall in no way affect the validity of the other provisions of the Rules of ing; or lying on benches; or sleeping, camping, or storing personal prop- Conduct. erty on benches and floors; or storing materials in front of doors. § 2800.2. Definitions (r) Entering any nonpublic areas without authorization from RGRTA (a) “Authority” and “RGRTA” each mean the Rochester Genesee personnel. Regional Transportation Authority and its wholly controlled subsidiaries (s) Not wearing shoes and clothing. (RTS, RTS Access, RTS Genesee, RTS Livingston, RTS Ontario, RTS (t) The following activities are all prohibited unless authorized by Orleans, RTS Seneca, RTS Wayne, and RTS Wyoming). RGRTA: engaging in commercial or public communication activities; or (b) “Commercial activity or activities” shall mean any enterprise or engaging in any civic, cultural, and other special event; or affixing written venture by groups or individuals for the purpose of promoting or selling or graphic material of any kind; or erecting material on the exterior or products or services to RGRTA employees or the general public, whether interior; or engaging in public activities involving sign or other similar ap- for profit or not. paratus of any kind; or engaging in any sport activity. (c) “Harassment” shall mean when a person intentionally and repeat- (u) Distributing, selling, or offering for sale or donation any written or edly acts in such a way that places another person in reasonable fear of printed material. physical injury; or when a person, with intent to harass, annoy, or alarm (v) Soliciting funds. another person does any of the following to another person: strike, shove, (w) Committing any act which tends to incite, or incites, an immediate kick, or otherwise subject to physical contact, or attempt to or threaten to breach of peace, including, but not limited to fighting, running, obscene do the same, or follow a person about in a public place or places, or engage language and boisterous conduct, personally abusive epithets, words or in a course of conduct or repeatedly commit acts which alarm or seriously language of an offensive, disgusting or insulting nature, which are likely annoy such other person and which serve no legitimate purpose. to provoke a violent reaction of fear, anger or apprehension. (d) “Loitering” shall mean remaining in any transportation facility, un- (x) Engaging in sexual activity with oneself or others. less specifically authorized to do so, for the purpose of soliciting or engag- (y) Entering RGRTA transit vehicles, facilities, and properties while ing in any business, trade, or commercial transactions involving the sale of unable to care for oneself due to illness, intoxication, or medication(s). merchandise or services, or for the purpose of entertaining persons. (z) Misusing any component of RGRTA transit vehicles, facilities and (e) “Public communication activity or public activities” shall mean properties in a manner that has the capacity to cause injury to oneself or posting or distributing written material, collecting petition signatures, po- others. litical campaigning, demonstrating, displaying signs, unscheduled perfor- (aa) Failing to pay the appropriate fare or be in possession of the ap- mances, public speaking, conducting surveys, soliciting or receiving of propriate pass as required by RGRTA. funds or contributions, or otherwise communicating or attempting to com- (bb) Falsely representing oneself as an RGRTA employee, or as eligible municate to the general public. for a special fare, permit or pass related to the RGRTA transit system. (f) “Public transportation services” shall include fixed route and (cc) Refusing to allow proper securement of a wheelchair or mobility paratransit services, whether operated by RGRTA or any governmental devices. agency, private person, firm or corporation contracting with RGRTA. (dd) Tampering with RGRTA equipment. (g) “RGRTA employee” shall mean any part-time or full-time, tempo- (ee) Violating an exclusion order issued according to § 2008.4 Enforce- rary or regular, exempt or non-exempt, represented or non-represented ment, or any federal, state, or municipal civil and criminal law. person, including an intern, who is compensated by RGRTA for services (ff) Engaging in any harassment or loitering as defined in § 2008.2. by wages, salary, or other remuneration. § 2800.4. Enforcement (h) “RGRTA facilities and properties” shall mean all facilities, ameni- (a) Any person engaging in prohibited conduct may be refused entrance ties, lands, interest in lands, air rights over lands, and rights of way of all or ordered to leave by RGRTA personnel or designees; failure to comply kinds that are owned, leased, held, or used by RGRTA. may be grounds for arrest and prosecution. (i) “Transit-related activities” shall mean activities associated with the (b) Engaging in prohibited conduct shall be cause for excluding a person provision or support of RGRTA public transportation services, the use of from entering and using all or any part of RGRTA transit vehicles, facili- those services by the general public, or RGRTA sales, promotion and ties and properties for a period based on the number of violations in five maintenance activities in support of RGRTA services. years.

40 NYS Register/January 27, 2016 Rule Making Activities

(c) The Chief Executive Officer, or designee, shall send written notice 2. Legislative objectives: to the last known address of any person to be excluded. The notice shall The proposed RGRTA Rules of Conduct for Transit Vehicles, Facili- specify the reason for exclusion, places and duration of the exclusion, the ties, and Properties will help RGRTA maintain order and safety at its effective date of the exclusion, the appeal process, and provide the person facilities. an opportunity to respond within five business days of actual or construc- 3. Needs and benefits: tive receipt of the notice. Exclusion starts on the sixth business day after In addition to helping RGRTA maintain order and safety in its facili- actual or constructive receipt of the notice by the person being excluded. ties, the Rule will provide notice to members of the public regarding what If the person timely requests an administrative review of the notice, the conduct is allowed and not allowed in RGRTA facilities. RGRTA recently CEO, or designee, shall review the exclusion and render a written decision within five business days from the date of the person’s request, and send opened a Transit Center where thousands of customers arrive and transfer the decision to the person’s last known address. If the CEO deems the buses each day. RGRTA is obligated to do all it can to provide for order exclusion warranted, such exclusion is effective upon actual or construc- and safety in the Transit Center. tive receipt of the written decision by the person to be excluded. 4. Costs: (d) Receipt of a notice is considered accomplished if the person reason- The implementation of the Rule will not result in any additional costs to ably should have known from the circumstances that he/she is excluded RGRTA or its customers as RGRTA already budgets for public safety. from RGRTA transit vehicles, facilities and properties. Receipt of a notice Promulgation of the RGRTA Rules of Conduct for Transit Vehicles, Fa- is also presumed accomplished three business days after the notice was cilities, and Properties will serve to provide more guidance to RGRTA sent. personnel and customers. (e) The notice procedure may be waived, if, in RGRTA’s discretion, 5. Local government mandates: immediate conditions exist that pose safety or security risks; or impinge The Rule will not impose any program, service, duty or responsibility on the rights of others; or otherwise interfere with or disrupt RGRTA’s upon any county, city, town, village, school district, fire district, or other transit related activities. In such immediate conditions, persons engaging special district. in prohibited conduct may be reseated, refused transportation, or removed. 6. Paperwork: The notice procedure shall not be available to a person immediately Promulgation of the Rule will not result in any reporting requirements refused transportation or removed for any period less than 30 calendar for RGRTA that do not already exist. Currently RGRTA creates reports to days. document any violation of its RGRTA Rules of Conduct for Transit (f) Refusal to comply with the exclusion order shall be grounds for ar- Vehicles, Facilities, and Properties. rest and prosecution. 7. Duplication: (g) The number of violations committed over a period of five years While some conduct that constitutes a violation of RGRTA Rules of determines the duration of exclusion. The following are provided as Conduct for Transit Vehicles, Facilities, and Properties might also consti- guidelines: seven days exclusion for the first violation; 30 days exclusion tute violations of the New York State Penal Law, this is not a conflict as it for the second violation; 90 days exclusion for the third violation; and 180 is entirely proper for a violator to be charged with both. days exclusion for each successive violation occurring in a five year 8. Alternatives: period. There were no significant alternatives to be considered for the RGRTA (h) The appeal process shall be provided to any person excluded for 30 Rules of Conduct for Transit Vehicles, Facilities, and Properties. days or more. Ten calendar days after the exclusion starts, an excluded 9. Federal standards: person may appeal in writing to the CEO, or designee, for de novo review. The proposed Rule does not exceed any minimum standards of federal The appellant may request a hearing or a review without a hearing based government for the same or similar subject areas. on a written statement setting forth the reasons why the exclusion is in- 10. Compliance schedule: valid or improper. If the excluded person is unable to respond in written Compliance will be required as soon as the Rule is formally format, RGRTA will make reasonable accommodation to allow due promulgated. process. The CEO shall convene a Hearing Panel comprised of the Direc- tor of Transit Center and Field Operations or designee; Manager of Field Regulatory Flexibility Analysis Operations or designee; Director of RTS Bus Operations or designee; or a The RGRTA Rules of Conduct for Transit Vehicles, Facilities, and Prop- person selected from the RGRTA staff by the Chief Operating Officer or erties are not rules that impose any fee or cost upon users of the transit designee. The RGRTA staff person shall be a person other than the CEO. vehicles or facilities. Instead, they simply require persons to behave as is The majority decision shall be the decision of the Hearing Panel. The typically expected in public transit areas all across the country. RGRTA is Hearing Panel shall hear the appeal or review the matter and render a writ- not including a cure period in this rulemaking. The purpose of this regula- ten final decision within 20 calendar days after the receipt of the appeal. tion is to establish standards that will assist conduct and safety of the pub- (i) If a hearing is requested, the hearing shall be held within 20 calendar lic in RGRTA facilities. days after receipt of the appeal, and a written decision shall be rendered Rural Area Flexibility Analysis within 20 calendar days after the hearing. Exclusions continue during the appeal process. If an appellant requires public transportation services to RGRTA’s largest facility by far is its new Transit Center located in attend the hearing, the appellant shall contact the CEO, or designee, five Downtown Rochester, New York. This is not a rural location but rather an business days prior to the hearing date, and RGRTA shall provide the nec- urban one. While RGRTA has smaller facilities in some counties sur- essary public transportation services. rounding Rochester, they are not for use by the general public. While (j) The enforcement of § 2008.4 herein is not intended to limit, in any some RGRTA buses operate in rural areas, the rules will not result in any manner, the enforcement of any applicable federal, state or municipal change to the fare structure for those routes. laws, provided RGRTA is not authorized to assist a patron or employee in Job Impact Statement enforcing a court order prohibiting or restricting contact with any other As the rule relates to a code of conduct for users of transit facilities, it is person other than to notify appropriate law enforcement personnel via apparent from the nature of the rule that it will have no adverse effects on RGRTA’s Radio Control/Dispatch or Security. jobs or employment opportunities. (k) Nothing in § 2008.4 herein shall create a duty to any person on the part of RGRTA or form any basis for liability on the part of RGRTA, its officers, agents, or employees. The obligation to comply with § 2008.4 is solely that of any person entering and using RGRTA transit vehicles, facilities, and properties and RGRTA’s enforcement of § 2008.4 is discretionary not mandatory. Text of proposed rule and any required statements and analyses may be obtained from: Daniel DeLaus, General Counsel, Rochester-Genesee Regional Transportation Authority ‘‘RGRTA’’, 1372 East Main Street, Rochester NY 14609, (585) 654-0771, email: [email protected] Data, views or arguments may be submitted to: Same as above. Public comment will be received until: 45 days after publication of this notice. Regulatory Impact Statement 1. Statutory authority: Public Authority Law Section 1299-hh 4 empowers RGRTA to promulgate rules governing the conduct and safety of the public in RGRTA facilities.

41 Rule Making Activities NYS Register/January 27, 2016

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Education Department EDU-04-16-00004-P...... Procedures for State-level review of impartial State Education Bldg., Rms. 5A and 5B, 89 hearing officer determinations regarding ser- Washington Ave., Albany, NY—Feb. 25, vices for students with disabilities 2016, 1:00 p.m.-4:00 p.m. (Videoconference), Office of Professional Dis- cipline, Regional Office, 85 Allen St., Suite 120, Rochester, NY—Feb. 25, 2016, 1:00 p.m.-4:00 p.m. State Education Bldg., Rms. 5A and 5B, 89 Washington Ave., Albany, NY—Feb. 26, 2016, 1:00 p.m.-4:00 p.m. (Videoconference), 55 Hanson Place, Rm. 416, Brooklyn, NY—Feb. 26, 2016, 1:00 p.m.-4:00 p.m. Environmental Conservation, Department of ENV-51-15-00004-P...... Distributed generation (DG) sources that feed Department of Environment Conservation, the distribution grid or produce electricity for One Hunters Point Plaza, 47-40 21st St., Long use at host facilities or both Island City, NY—Feb. 8, 2016, 10:00 a.m. Department of Environment Conservation, 6274 E. Avon-Lima Rd., Avon, NY—Feb. 9, 2016, 1:00 p.m. Department of Environment Conservation, 625 Broadway, Public Assembly Rm. 129, Albany, NY—Feb. 11, 2016, 9:00 a.m. Long Island Power Authority LPA-02-16-00014-P ...... Dynamic load management programs includ- H. Lee Dennison Bldg., 100 Veterans Memo- ing direct load control, peak shaving, and rial Highway, Hauppauge, NY—Feb. 29, 2016, contingency load relief 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—Feb. 29, 2016, 2:00 p.m. LPA-02-16-00015-P ...... Community distributed generation net meter- H. Lee Dennison Bldg., 100 Veterans Memo- ing, remote net metering, and size limits for rial Highway, Hauppauge, NY—Feb. 29, 2016, fuel cells 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., 4th Fl., Uniondale, NY—Feb. 29, 2016, 2:00 p.m. State, Department of DOS-47-15-00016-P ...... State Energy Conservation Construction Hughes State Office Bldg., 333 E. Washington Code (the “Energy Code”) St., Main Hearing Rm. - 1st Fl., Syracuse, NY—Jan. 27, 2016, 10:00 a.m. Walter J. Mahoney State Office Bldg., 65 Court St., Hearing Rm. 4, Buffalo, NY—Jan. 28, 2016, 10:00 a.m. Department of State, 123 William St., Confer- ence Rm. 231, New York, NY—Jan. 29, 2016, 10:00 a.m. DOS-47-15-00017-P ...... Toadopt updated provisions for the Uniform Hughes State Office Bldg., 333 E. Washington Fire Prevention and Building Code St., Main Hearing Rm. - 1st Fl., Syracuse, (“Uniform Code”) NY—Jan. 27, 2016, 10:00 a.m. Walter J. Mahoney State Office Bldg., 65 Court St., Hearing Rm. 4, Buffalo, NY—Jan. 28, 2016, 10:00 a.m.

42 NYS Register/January 27, 2016 Action Pending Index

ACTION PENDING INDEX

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

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

AGRICULTURE AND MARKETS, DEPARTMENT OF

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

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

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-20-15-00004-P ...... 05/19/16 Casework contact for foster children placed To conform NYS standards for casework out of state contacts of foster children under age 18 who are placed out of state to federal standards

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

CIVIL SERVICE, DEPARTMENT OF

*CVS-01-15-00023-P ...... 01/07/16 JurisdictionalClassification To classify a position in the non-competitive class

CVS-11-15-00004-P ...... 03/17/16 JurisdictionalClassification To classify a position in the non-competitive class

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

CVS-29-15-00006-P ...... 07/21/16 JurisdictionalClassification To delete a position from and classify positions in the exempt class

CVS-29-15-00007-P ...... 07/21/16 JurisdictionalClassification To delete positions from the non-competitive class

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

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

CIVIL SERVICE, DEPARTMENT OF CVS-29-15-00009-P ...... 07/21/16 JurisdictionalClassification To classify a position in the non-competitive class

CVS-29-15-00010-P ...... 07/21/16 JurisdictionalClassification To delete positions from the exempt class

CVS-29-15-00011-P ...... 07/21/16 JurisdictionalClassification To classify a position in the exempt class

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

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

CCS-52-15-00001-EP ...... 12/29/16 Standards of Inmate Behavior; Institutional Provide clarification regarding the definition of a Rules of Conduct; Rule Series 113 Contraband controlled substance for the purposes of this rule

CCS-52-15-00002-EP ...... 12/29/16 Contraband Drugs This proposal introduces a second testing system that may be utilized when testing for suspected contraband drugs

CCS-52-15-00003-P ...... 12/29/16 WashingtonCorrectional Facility Amend the age for general confinement to 18 years and older

CRIMINAL JUSTICE SERVICES, DIVISION OF

CJS-52-15-00018-P ...... 12/29/16 BasicCourse for Correction Officers Set forth minimum standards/clear and specific requirements of a basic course for correction officers

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

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

ECONOMIC DEVELOPMENT, DEPARTMENT OF

EDV-49-15-00002-EP ...... 12/08/16 Employee Training Incentive Program Establish procedures for the implementation of the Employee Training Incentive Program

EDUCATION DEPARTMENT

EDU-10-15-00011-P ...... 03/10/16 Off-premises delivery of prescription To require pharmacies to obtain patient consent medications by New York resident pharmacies before automatically delivering new or refilled prescriptions

EDU-13-15-00021-P ...... 03/31/16 Supplementary Teaching Certificates in To provide additional pathways for teacher Bilingual Education and English to Speakers of certification candidates to obtain supplementary Other Languages (ESOL) bilingual education extension and the ESOL supplementary certificate, for a three year period to conclude on June 30, 2018

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

EDU-40-15-00009-EP ...... 10/06/16 Graduate-level teacher and educational To establish minimum admission standards for leadership programs. graduate level teacher and leader prepartion programs and requirements

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

EDU-48-15-00007-EP ...... 12/01/16 Instruction in Cardiopulmonary Resuscitation Provide limited exemption to students with (CPR) and Use of Automated External disabilities from CPR/AED required instruction Defibrillators (AEDs)

EDU-48-15-00008-P ...... 12/01/16 Licensing Examination Requirements for Dental To address a name-change by the testing Hygienists agency for Part II of the licensing exam; and remove remedial education requirements

EDU-48-15-00009-EP ...... 12/01/16 Extension and expansion of the Collaborative To implement Chapter 238 of the Laws of 2015 Drug Therapy Management (CDTM) to extend and expand the CDTM program for Demonstration Program for Pharmacists pharmacists

EDU-49-15-00013-P ...... 12/08/16 Voluntaryinstitutional accreditation for Title IV To clarify existing standards and procedures purposes that must be met by institutions of higher education seeking voluntary accreditation by the Board of Regents and the Commissioner of Education

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

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

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

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

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

ENV-04-15-00006-P ...... 01/28/16 Regulationsgoverningtherecreational harvest Extend the recreational winter flounder fishing of winter flounder open season from April 1 - May 30 to March 1 - December 31

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

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

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

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

ENV-44-15-00001-EP ...... 11/03/16 Sanitary Condition of Shellfish Lands To reclassify shellfish lands to prohibit the harvest of shellfish

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

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

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

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

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

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

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

FINANCIAL SERVICES, DEPARTMENT OF

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

DFS-43-15-00004-P ...... 10/27/16 ValuationofIndividual and Group Accident and To adopt the 2012 Group Long-Term Disability Health Insurance Reserves Valuation Table

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

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

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

GAMING COMMISSION, NEW YORK STATE

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

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

SGC-46-15-00004-P ...... 11/17/16 To require claimant to indicate on claim form To preserve the integrity of pari-mutuel racing whether commission at claimant’s expense while generating reasonable revenue for the shall test a claimed horse for drug use support of government

SGC-46-15-00007-P ...... 11/17/16 Requirement of specific minimum penalties for To enhance the integrity and safety of certain multiple medication violations thoroughbred horse racing

SGC-48-15-00006-P ...... 12/01/16 Per Se thresholds and related rule To preserve the integrity of pari-mutuel racing amendments for cobalt, ketoprofen, while generating reasonable revenue for the isoflupredone and albuterol support of government

SGC-52-15-00005-P ...... 12/29/16 Lottery subscription program To better serve customers needs and preferences

SGC-52-15-00006-P ...... 12/29/16 Themannerinwhichprize payments are made To better reflect customer and retailer preferences and the administrative needs of the Commission

SGC-52-15-00007-P ...... 12/29/16 Prohibiting the administration of stanozolol to To preserve the safety and integrity of pari- racehorses mutuel racing while generating reasonable revenue for the support of government

SGC-52-15-00008-P ...... 12/29/16 Suspension and revocation of a lottery agent's To revise the rules for the procedure and license grounds for suspension and revocation of a lottery license for sales agents

SGC-01-16-00006-EP ...... 01/05/17 Theplanofoperation for the Jockey Injury To effectuate the provisions of the Jockey Injury Compensation Fund Compensation Fund in the absence of a plan of operation for 2016

HEALTH, DEPARTMENT OF

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

HLT-08-15-00003-P ...... 02/25/16 Supplementary Reports of Certain Congenital To increase maximum age of reporting certain Anomalies for Epidemiological Surveillance; birth defects to the Congenital Malformations Filing Registry

HLT-11-15-00019-P ...... 03/17/16 Standards for Individual Onsite Water Supply Establishes minimum water quality standards for and Individual Onsite Wastewater Treatment individual onsite water supply systems Systems

HLT-16-15-00014-P ...... 04/21/16 RateRationalization – Prevocational Services, To establish new rate methodology effective July Respite, Supported Employment and 1, 2015 Residential Habilitation

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

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

HLT-30-15-00006-P ...... 07/28/16 Medicaid provider enrollment To make technical, conforming changes to regulations governing the enrollment of Medicaid providers of care, services and supplies

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

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

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

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

HLT-42-15-00016-P ...... 10/20/16 Standards for Adult Homes and Adult Care Revisions to Parts 487 and 488 in regards to Facilities Standards for Enriched Housing the establishment of the Justice Center for Protection of People with Special Needs

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

HLT-44-15-00003-P ...... 11/03/16 Transgender Related Care and Services To amend provisions regarding Medicaid coverage of transition-related transgender care and services

HLT-44-15-00020-P ...... 11/03/16 Statewide Health Information Network for New To establish the Statewide Health Information York (SHIN-NY) Network for NY (SHIN-NY)

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

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

HLT-51-15-00001-P ...... 12/22/16 General Provisions Concerning State Aid To clarify that rent and maintenance of space in Eligibility lieu of rent (MILOR) remain eligible for State Aid

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

HOMELAND SECURITY AND EMERGENCY SERVICES, DIVISION OF

HES-32-15-00002-ERP ...... 08/11/16 Registration of manufacturers, Establish the registration process, fees and distributors,wholesalers, various retailers of reporting requirements related to sparkling sparkling devices devices

HES-32-15-00002-EP ...... 08/11/16 Registration of manufacturers, Establish the registration process, fees and distributors,wholesalers, various retailers of reporting requirements related to sparkling sparkling devices devices

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

JUDICIAL CONDUCT, STATE COMMISSION ON

JDC-47-15-00006-P ...... 11/24/16 Practice of law before the commission To prohibit the practice of law before the commission, by commission members, their law firms and former commission members

JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS

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

LABOR, DEPARTMENT OF

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

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

LAW, DEPARTMENT OF

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

LAW-49-15-00011-P ...... 12/08/16 Disclosure requirements for condominium To clarify a condominium offeror's disclosure offerors renting, rather than selling, unsold obligations in a newly-constructed, vacant, or condominium units non-residential condominium

LIQUOR AUTHORITY, STATE

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

LONG ISLAND POWER AUTHORITY

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

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

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

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

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

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

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

METROPOLITAN TRANSPORTATION AGENCY

MTA-50-15-00005-P ...... 12/15/16 MTA Bus Company- Rules and Regulations Regulate conduct on MTA buses and facilities to enhance safety and protect employees, customers, bus facilities and the public

MOTOR VEHICLES, DEPARTMENT OF

MTV-03-16-00005-P ...... 01/19/17 Use of the Vehicle Electronic Reassignment To require dealers to use the Vehicle Electronic and Integrated Facility Inventory system Reassignment and Integrated Facility Inventory system

MTV-04-16-00005-P ...... 01/26/17 Safety hearings Conforms standard of proof to Court of Appeals decision and DMV practice

MTV-04-16-00006-P ...... 01/26/17 International Registration Plan To remove the exemption for charter buses from the International Registration Plan.

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-01-16-00001-EP ...... exempt Adoption of Rates, Fees and Charges To pay for increased costs necessary to operate, maintain and manage the system, and to achieve covenants with the bondholders

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF

PKR-47-15-00001-P ...... 11/24/16 Adding windsurfing, sailboarding and To authorize the regulated activity by the public paddleboarding to the list of activities regulated of windsurfing and stand-up paddleboarding by OPRHP

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

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-42-15-00002-P ...... 10/20/16 Article 16 Clinic Services and Independent To discontinue off-site Article 16 clinic services Practitioner Services for Individuals with and to add requirements for IPSIDD Intellectual Disabilities (IPSIDD)

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

PDD-50-15-00012-P ...... 12/15/16 Amendments to Reimbursement Methodology To make changes concerning reimbursement for Continuing Residential Leases methodology for lease costs for continuing residential lease arrangements

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

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

POWER AUTHORITY OF THE STATE OF NEW YORK PAS-42-15-00004-P ...... exempt Rates for the Sale of Power and Energy To recover the Authority's fixed costs

PAS-42-15-00005-P ...... exempt Rates for the Sale of Power and Energy To align rates and costs

PUBLIC EMPLOYMENT RELATIONS BOARD

PRB-42-15-00014-P ...... 10/20/16 RulesofProceduregoverningmattersbefore To conform procedure under SERA to the 2010 the Public Employment Relations Board and 2013 statutory changes, and harmonize pursuant to Labor Law, art. 20 with PERB rules

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

66 NYS Register/January 27, 2016 Action Pending Index 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 all utilities major electric utilities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-24-14-00004-P ...... exempt Approval of asset transfer. To allow or disallow transfer of assets from Heritage Hills Water Works Corp. to Community Utilities of New York, Inc.

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

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

PUBLIC SERVICE COMMISSION *PSC-25-14-00015-P ...... exempt Surcharges related to the System Benefits To reduce the public benefit surcharge Charge, Energy Efficiency Portfolio Standard, applicable to large industrial, commercial and Retail Renewable Portfolio Standard institutional energy consumers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-41-14-00011-P ...... exempt Establishment of annual collections caps and Consideration of proposal by NYSERDA for the collection and spending mechanisms as establishment of annual collections caps and described in the Clean Energy Fund Proposal collection and spending mechanisms

*PSC-41-14-00012-P ...... exempt Funding and management of the NY-Sun Consideration of proposal by NYSERDA for the program as described in the Clean Energy funding and management of the NY-Sun Fund Proposal program

*PSC-41-14-00013-P ...... exempt Funding and management of the New York Consideration of proposal by NYSERDA for the Green Bank as described in the Clean Energy funding and management of the New York Fund Proposal and NY Green Bank Petition Green Bank

*PSC-41-14-00014-P ...... exempt Funding and management of a Market Consideration of proposal by NYSERDA for the Development program as described in the funding and management of a Market Clean Energy Fund Proposal Development program

*PSC-41-14-00015-P ...... exempt Funding and management of a Technology and Consideration of proposal by NYSERDA for the Business Innovation program as described in funding and management of a Technology and the Clean Energy Fund Proposal Business Innovation program

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

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

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

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

*PSC-51-14-00006-P ...... exempt The Northeast Power Coordinating Council, To adopt revisions to various rules and Inc's A-Criteria documents and Criteria measurements of the Northeast Power Coordinating Council, Inc.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PSC-10-15-00010-P ...... exempt Notification concerning tax refunds To consider Verizon New York Inc.'s request to retain a portion of a property tax refund

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

PSC-12-15-00008-P ...... exempt Minor electric rate filing To approve an increase in annual electric revenues by approximately $299,966 or 3.2%

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

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

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

PUBLIC SERVICE COMMISSION 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-15-15-00005-P ...... exempt The approval of Arteche's Medium Voltage Whether to approve the use of Arteche's Class Metering Instrument Transformers in Medium Voltage Class Metering Instrument New York State Transformers in New York State

PSC-15-15-00007-P ...... exempt Notification concerning tax refunds To consider Verizon New York Inc.'s request to retain a portion of a property tax refund

PSC-15-15-00008-P ...... exempt Minor electric rate filing To approve an increase in annual electric revenues by approximately $1,197,760 or 2.48%

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

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

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

PSC-17-15-00009-P ...... exempt To make clarifying tariff revisions For approval to make clarifying revisions to Rule 28 - Special Services Performed by Company at a Charge

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

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

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

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

PSC-19-15-00015-P ...... exempt To consider the request of Hudson CBD To consider the request of Hudson CBD Flatbush LLC to submeter electricity at 626 Flatbush LLC to submeter electricity at 626 Flatbush Avenue, Brooklyn, New York Flatbush Avenue, Brooklyn, New York

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

PSC-20-15-00008-P ...... exempt Petition for rehearing and/or clarification of the To consider the petition for rehearing and/or Commission's Order, issued in Case clarification filed by the Town of Ramapo 13-W-0246

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

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

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

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

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

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

PSC-25-15-00007-P ...... exempt Waiver of certain Commission requirements To allow a non-profit entity acting as an related to blocking caller ID for emergency emergency service the ability to receive services unblocked caller ID numbers

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-25-15-00010-P ...... exempt Notice of Intent to Submeter electricity To consider the request of 250 West Street Condominium to submeter electricity at 250 West Street, New York, New York

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

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

PSC-27-15-00011-P ...... exempt Repowering options for the Cayuga Generating To establish whether utility plans should include Facility located in Lansing, New York, and repowering the Cayuga Generating Facility, or other alternatives other alternatives

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

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

PSC-29-15-00016-P ...... exempt A benefit-cost framework will be adopted to To develop a method for valuing resources that guide utility proposals within the context of will further REV objectives REV and related proceedings

PSC-29-15-00017-P ...... exempt Notification concerning tax refunds To consider Verizon New York Inc.'s request to retain a portion of a property tax refund

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

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

PUBLIC SERVICE COMMISSION PSC-29-15-00020-P ...... exempt Whether to waive the requirement that the To waive the requirement that the customer customer have telecommunications service in have telecommunications service in place 30 place 30 days prior to July 1, 2015 days prior to July 1, 2015

PSC-29-15-00022-P ...... exempt Notice of Intent to Submeter electricity To consider the request of 92nd and 3rd Associates, LLC to submeter electricity at 205 East 92nd Street, New York, New York

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

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

PSC-31-15-00004-P ...... exempt Proposed electric Energy Efficiency Budget To establish an Energy Efficiency Budget and and Metrics Plan Metrics Plan for the Company's electric portfolio for the years 2016-2018

PSC-31-15-00005-P ...... exempt Proposed gas Energy Efficiency Budget and To establish an Energy Efficiency Budget and Metrics Plan Metrics Plan for the Company's gas portfolio for the years 2016-2018

PSC-31-15-00006-P ...... exempt Proposed electric Energy Efficiency Budget To establish an Energy Efficiency Budget and and Metrics Plan Metrics Plan for the Company's electric portfolio for the years 2016-2018

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

PSC-31-15-00010-P ...... exempt Whether to approve, reject or modify, in whole To revise Appendix B of the December 12, 2014 or in part, revisions to Appendix B of the Order December 12, 2014 Order

PSC-31-15-00013-P ...... exempt Proposed gas Energy Efficiency Budget and To establish an Energy Efficiency Budget and Metrics Plan Metrics Plan for the Company's gas portfolio for the years 2016-2018

PSC-31-15-00014-P ...... exempt Proposed gas Energy Efficiency Budget and To establish an Energy Efficiency Budget and Metrics Plan Metrics Plan for the Company's gas portfolio for the years 2016-2018

PSC-31-15-00015-P ...... exempt Proposed gas Energy Efficiency Budget and To establish an Energy Efficiency Budget and Metrics Plan Metrics Plan for the Company's gas portfolio for the years 2016-2018

PSC-31-15-00016-P ...... exempt Proposed electric Energy Efficiency Budget To establish an Energy Efficiency Budget and and Metrics Plan Metrics Plan for the Company's electric portfolio for the years 2016-2018

PSC-31-15-00017-P ...... exempt Proposed electric Energy Efficiency Budget To establish Energy Efficiency Budget and and Metrics Plans Metrics Plans for the Companies' electric portfolios for the years 2016-2018

PSC-31-15-00018-P ...... exempt Proposed gas Energy Efficiency Budget and To establish Energy Efficiency Budget and Metrics Plans Metrics Plans for the Companies' gas portfolios for the years 2016-2018

PSC-31-15-00019-P ...... exempt Proposed electric Energy Efficiency Budget To establish an Energy Efficiency Budget and and Metrics Plan Metrics Plan for the Company's electric portfolio for the years 2016-2018

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

PUBLIC SERVICE COMMISSION PSC-31-15-00020-P ...... exempt Proposed gas Energy Efficiency Budget and To establish Energy Efficiency Budget and Metrics Plans Metrics Plans for the Companies' gas portfolios for the years 2016-2018

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

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

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

PSC-32-15-00009-P ...... exempt Amendments to the Uniform Business To consider amendments to the Uniform Practices of ESCOs. Business Practices of ESCOs.

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

PSC-33-15-00006-P ...... exempt Recovery of costs related to an RSSA. To recover costs related to an RSSA for services from R.E. Ginna Nuclear Power Plant, LLC.

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

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

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

PSC-34-15-00014-P ...... exempt Notice of Intent to Submeter electricity To consider the request of Herkimer Street Residence, L.P. to submeter electricity at 437 Herkimer Street, Brooklyn, New York

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

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

PSC-35-15-00009-P ...... exempt Deferral of incremental storm restoration Consideration of Central Hudson Gas & expenses Electric's request to defer incremental expenses incurred during storm restoration work

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

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

PSC-35-15-00012-P ...... exempt Consideration of consequences against To consider consequences against Spectrum Spectrum Gas & Electric, LLC for violations of Gas & Electric, LLC for violations of the UBP the UBP

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

PUBLIC SERVICE COMMISSION PSC-35-15-00013-P ...... exempt Consideration of consequences against Energy To consider consequences against Energy Your Your Way, LLC for violations of the UBP Way, LLC for violations of the UBP

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-35-15-00015-P ...... exempt Consideration of consequences against To consider consequences against National National Power & Gas, Inc. for violations of the Power & Gas, Inc. for violations of the UBP UBP

PSC-35-15-00016-P ...... exempt Consideration of consequences against To consider consequences against Engineered Engineered Energy Solutions, LLC for violations Energy Solutions, LLC for violations of the UBP of the UBP

PSC-35-15-00017-P ...... exempt Consideration of consequences against Ipsum To consider consequences against Ipsum Solutions, Inc. for violations of the UBP Solutions, Inc. for violations of the UBP

PSC-36-15-00025-P ...... exempt Notice of Intent to submeter electricity. To consider the request of 42 West Broad Developers LLC to submeter electricity at 42 Broad Street West, Mount Vernon, New York.

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

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

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

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

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

PSC-37-15-00012-P ...... exempt Issuance by Corning of long-term indebtedness To consider Corning's petition for authority to issue approximately $34.7 million in long-term debt

PSC-38-15-00007-P ...... exempt Report of Con Edison regarding the Storm To consider the report of Con Edison regarding Hardening and Resiliency Collaborative, Phase the Storm Hardening and Resiliency 3 Collaborative, Phase 3

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

PSC-39-15-00008-P ...... exempt Minor water rate filing To consider an increase in Windham Ridge Water Corp.'s annual water revenues by approximately $15,059 or 24.8%

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

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

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

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

PSC-39-15-00013-P ...... exempt Revisions to General Information Section 15 to To consider revisions to General Information allow recovery of certain NYISO tariff charges Section No. 15 to allow for recovery of certain related to transmission projects NYISO charges

PSC-39-15-00014-P ...... exempt Revisions to General Rule No. 25.1 to allow To consider revisions to General Rule No. 25.1 recovery of certain NYISO tariff charges to allow for recovery of certain NYISO charges related to transmission projects related to transmission projects

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

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

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

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

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

PSC-41-15-00006-P ...... exempt The addition of General Information Section 45 To consider the addition of General Information - Empire Zone Rate to Central Hudson's Section 45 - Empire Zone Rate to Central electric tariff Hudson's electric tariff

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

PSC-41-15-00008-P ...... exempt Petition for deferral and recovery of lost To consider Central Hudson's petition for revenue resulting from Central Hudson's deferral and recovery of lost revenue resulting proposed Empire Zone (EZ) Rate from its proposed EZ Rate provision

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

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

PSC-41-15-00012-P ...... exempt Changes to the Commercial Demand Response To consider changes to the Commercial Demand programs, as well as conforming tariff revisions Response programs, as well as conforming tariff revisions

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

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

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

PSC-42-15-00008-P ...... exempt Notice of Intent to submeter electricity. To consider the request of 560 West 24th Street Condominium to submeter electricity at 552 West 24th Street, New York, New York.

PSC-42-15-00009-P ...... exempt Revised method for assigning anniversary To consider a revised method for assigning dates to net-metered residential PV customers. anniversary dates to net-metered residential PV customers.

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

PSC-42-15-00011-P ...... exempt Proposed transfer of ownership interests in To consider proposed transfer of ownership Cayuga Operating Company, LLC and interests in Cayuga Operating Company, LLC Somerset Operating Company, LLC. and Somerset Operating Company, LLC.

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

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

PSC-44-15-00021-P ...... exempt AMI Business Plan of Con Edison To consider Con Edison's AMI Business Plan

PSC-44-15-00022-P ...... exempt Cost recovery mechanism To consider the addition of components to RG&E's Supply Charge for RG&E to recover costs for the NY Transco LLC projects

PSC-44-15-00023-P ...... exempt Cost recovery mechanism To consider the addition of components to NYSEG's Supply Charge for NYSEG to recover costs for the NY Transco LLC projects

PSC-44-15-00024-P ...... exempt The development of reliability contingency To identify the proposed projects for inclusion in plan(s) to address the potential retirement of the Indian Point Energy Center reliability Indian Point Energy Center contingency plan(s)

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

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

PSC-44-15-00027-P ...... exempt To establish a surcharge to recover costs due To consider the recovery of expenses incurred to unexpected repairs as a result of having to replace two well pumps and electrical repairs

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

PSC-44-15-00029-P ...... exempt RiderL-DirectLoad Control (DLC) program To consider enhancing the DLC program and and Residential Smart Appliance Program RSAP by expanding and increasing flexibility of (RSAP) both programs

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

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

PSC-44-15-00031-P ...... exempt Transfer ownership of property To consider the transfer of street lighting assets to the Town of Greece

PSC-44-15-00032-P ...... exempt Rider H - Non Residential Distributed To consider revisions to Rider H to allow for the Generation aggregation of distributed generation capacity under certain circumstances

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

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

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

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

PSC-47-15-00011-P ...... exempt SIR and the interconnection of Distributed Consider SIR and the interconnection of Generation Distributed Generation

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

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

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

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

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

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

PSC-49-15-00006-P ...... exempt Petition to waive monthly billing for certain net- To consider the request of Central Hudson to metered customers continue bimonthly meter reading and billing for certain net-metered customers

PSC-49-15-00007-P ...... exempt Petition to transfer assets of AOMNE to NYAW To consider the petition to transfer assets of AOMNE to NYAW

PSC-49-15-00008-P ...... exempt Request of the New York Independent System To consider a petition filed by the New York Operator, Inc. to incur indebtedness Independent System Operator, Inc. to incur indebtedness

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

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

PSC-49-15-00010-P ...... exempt Proposed revisions to Rule 34 - Economic To consider revisions to Rule 34 - Economic Development Programs and SC No. 12 - Development Programs and SC No. 12 - Special Special Contract Rates Contract Rates

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

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

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

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

PSC-51-15-00009-P ...... exempt The New York State Reliability Council's To consider an Installed Reserve Margin for the establishment of an Installed Reserve Margin of Capability Year beginning May 1, 2016, and 17.5% ending April 30, 2017

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

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

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

PSC-52-15-00013-P ...... exempt The addition of third party financing options for To consider the addition of third party financing Distributed Generation (DG), Natural Gas options for the DG, NGV and Prime-WNY Vehicle (NGV) and Prime-WNY Programs. Programs.

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

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

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

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

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

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

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

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

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

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

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

PSC-02-16-00010-P ...... exempt The 2015 Electric Emergency Response Plans To consider the 2015 Electric Emergency for New York's six major electric utilities. Response Plans for New York's six major electric utilities.

PSC-02-16-00011-P ...... exempt Proposed tariff revisions intended to clarify To consider tariff revisions intended to clarify HEFPA requirements related to court orders for HEFPA requirements related to court orders for gaining access to meters. gaining access to meters.

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

PSC-02-16-00013-P ...... exempt Tariff revisions intended to clarify HEFPA To consider tariff revisions intended to clarify requirements related to court orders for gaining HEFPA requirements related to court orders for access to meters. gaining access to meters.

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

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

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

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

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

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

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

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

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

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

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

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

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

RGT-04-16-00002-P ...... 01/26/17 Identifies prohibited conduct, consequences of To provide rules governing prohibited conduct to prohibited conduct, and the available appeals enhance the safety of the public using RGRTA's process. transportation services.

STATE, DEPARTMENT OF

DOS-22-15-00017-P ...... 06/02/16 Facility requirements for businesses which Increase ventilation standards for businesses offer appearance enhancement services which offer appearance enhancement services

DOS-28-15-00004-EP ...... 08/30/16 Installation of carbon monoxide detecting To amend the State Uniform Fire Prevention and devices in commercial buildings Building Code (Uniform Code) by adding standards requiring the installation of carbon monoxide detecting devices in every commercial building

DOS-47-15-00016-P ...... 01/28/17 StateEnergy Conservation Construction Code To repeal the existing Energy Code and to (the ‘‘Energy Code’’) adopt a new, updated Energy Code

DOS-47-15-00017-P ...... 01/27/17 Adopt updated provisions for the Uniform Fire To repeal the existing text of the Uniform Code Prevention and Building Code (‘‘Uniform and adopt updated text for the Uniform Code Code’’)

DOS-49-15-00003-P ...... 12/08/16 Cemeteryannualfinancial reports; commercial To reduce the financial reporting burden and crime coverage; and permanent maintenance expense on cemeteries and ensure timely, fund contributions accurate and complete reports are filed

STATE UNIVERSITY OF NEW YORK

SUN-38-15-00002-P ...... 09/22/16 Proposed amendments to traffic and parking Amend existing regulations to update traffic and regulations at State University of New York parking regulations University at Buffalo

SUN-45-15-00001-P ...... 11/09/16 To name a new street under construction on To more clearly define traffic patterns at the the Stony Brook Medical Center Medical Center of Stony Brook University

SUN-47-15-00005-EP ...... 11/24/16 College tuition and fees To amend the tuition and fees to allow for resident or in-state tuition to certain veterans and their dependents

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

TAXATION AND FINANCE, DEPARTMENT OF

TAF-49-15-00004-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 January administered therewith 1, 2016 through March 31, 2016

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-20-15-00001-P ...... 05/19/16 Informationappropriate for victims of sexual To require social services districts to make all assault applicants for and recipients of public assistance aware of their option to receive information appropriate for victims of sexual assault consistent with Chapter 427 of the Laws of 2009

TDA-22-15-00005-P ...... 06/02/16 Supplemental Nutrition Assistance Program Update regulations for the Transitional Benefits Alternative program

TDA-27-15-00002-P ...... 07/07/16 Child support federal incentive payments To update State procedures to distribute federal child support incentives and allocate portions thereof to local districts

TDA-37-15-00005-P ...... 09/15/16 Monthly Shelter Supplements To update State regulations to reflect current State law

TDA-39-15-00016-P ...... 09/29/16 Temporary Housing Placements Adjust the rate approval process for temporary housing placements and expand the scope of inspections for such placements

TDA-45-15-00011-P ...... 11/09/16 Burden of proof at fair hearings challenging Clarify existing State regulations relative to fair Interim Assistance Reimbursement (IAR) hearings and render them consistent with New amounts York State court precedents

TDA-45-15-00012-P ...... 11/09/16 Public Assistance (PA) resources exemption To update State regulation governing PA for four-year accredited post-secondary resources exemption, rendering it consistent educational institutions with Chapter 58 of the Laws of 2014

TDA-46-15-00005-P ...... 11/17/16 Storage of furniture and personal belongings Provide clarification regarding allowances for the storage of furniture and personal belongings

TDA-47-15-00004-P ...... 11/24/16 Child Support Program Amend regulatory requirements concerning the distribution and disbursement of child support collections

TDA-03-16-00001-P ...... 01/19/17 Referrals of human trafficking victims from Conform State regulations to referral established providers of social or legal services requirements of Chapter 368 of the Laws of 2015

TRANSPORTATION, DEPARTMENT OF

TRN-45-15-00002-P ...... 11/09/16 Liability insurance policies required for Highway To make it easier and less costly for permittees Work Permits to obtain the liability coverage necessary to obtain Highway Work Permits

TRN-47-15-00002-P ...... 11/24/16 Various regulations addressing accident Updates to regulations addressing accident reporting, record retention, insurance, vehicle reporting, record retention, insurance, vehicle inspection and equipment identification inspection, equipment identification

TRN-48-15-00005-P ...... 12/01/16 Updates to various household goods provisions Updates various household goods provisions

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

WORKERS’ COMPENSATION BOARD

WCB-14-15-00009-P ...... 04/07/16 Health Insurance Matching Program (HIMP) Provide the process for health insurers to recover from workers' compensation carriers

WCB-45-15-00019-P ...... 11/09/16 Stipulations To streamline the process for parties to enter into stipulations in workers' compensation proceedings

WCB-45-15-00020-P ...... 11/09/16 Requests for Administrative Review To clarify the proecss for requesting administrative review and full Board review including requests for reconsideration

WCB-45-15-00021-P ...... 11/09/16 Convene Board hearings by electronic means Permit the Chair to convene Board hearings by electronic means

WCB-45-15-00022-P ...... 11/09/16 Voluntary Binding Review of Decisions To permit parties to a workers' compensation case to enter into voluntary binding review of issues related to compensation

WCB-45-15-00023-P ...... 11/09/16 Permitted expenses for funerals To increase the permitted amount for reimbursement of funeral and memorial services for work related deaths

WCB-45-15-00025-P ...... 11/09/16 Medical Treatment Guideline variances Permit the Chair to require submission of variance requests via an electronic medical portal

WCB-45-15-00026-P ...... 11/09/16 Medical Authorizations Permit the Chair to require submission of medical authorization requests via an electronic medical portal

WCB-45-15-00027-P ...... 11/09/16 Medical Treatment Guideline optional prior Change the time to respond from business days approval to calendar days

RULE REVIEW

Power Authority of the State of New York 4. TAF-10-11-00002-A Bureau of Conciliation and Mediation Ser- vices Procedures. Please be advised that, following a review of actions taken by the This rule amended Part 4000 of Title 20 NYCRR regarding Bureau Power Authority of the State of New York (the “Authority”) under of Conciliation and Mediation Services procedures. State Administrative Procedure Act (“SAPA”) in the year 2011, it has Analysis of the need for the rule: To reflect statutory provisions re- been determined that no rules were enacted during 2010 that are lating to filing of certain petitions and to make other minor technical subject to the “five-year review” requirements of SAPA § 207. amendments. Therefore, the Authority will not be submitting a list of rules subject to the five-year review for publication in the New York State Register. Legal basis for the rule: Tax Law, sections 170(3-a) and 171, subdivision First. 5. TAF-15-11-00009-A Obsolete Forms Department of Taxation and Finance This rule amended Parts 3, 6 and 21 of Title 20 NYCRR regarding Pursuant to section 207 of the State Administrative Procedure Act obsolete forms. (SAPA) the Department of Taxation and Finance intends to review Analysis of the need for the rule: To eliminate references to obsolete the following rules during 2016, and invites written comments on the forms. continuation or modification of these rules in order to assist the Department in the required review. We will consider comments that Legal basis for the rule: Tax Law, sections 171, subd. First and are received by March 14, 2016. Any questions concerning the items 1096(a). listed in this rule review or comments regarding the continuation of RULES ADOPTED IN 2006 the rules being reviewed should be referred to: Office of Counsel, 1. TAF-52-05-00018-A Mailing Rules and Legal Holidays. Department of Taxation and Finance, W.A. Harriman Campus, Build- This rule amended sections 2399.1, 2399.2(a)(1) and (d); addition ing 9, Room 200, Albany, New York 12227. Telephone: (518) 530- of sections 2399.2(e) and (f); amendment of the titles of Part 2399 and 4153, Email address: [email protected]. sections 2399.2 and 2399.3 of Title 20 NYCRR regarding timely RULES ADOPTED IN 2011 electronic filing and electronic paying. 1. TAF-49-10-00002-A Cigarette and Tobacco Products Taxes. Analysis of the need for the rule: This rule updated the Department's This rule amended sections 70.2, 78.4, 89.1 and 89.2 of Title 20 Procedural Regulations concerning the timeliness of documents and NYCRR regarding Cigarette and tobacco products taxes. payments that are filed and remitted by electronic means. Analysis of the need for the rule: The rule references current statute Legal basis for the rule: Tax Law, section171, subds. First and for definitions and penalties and eliminate obsolete provisions. Fourteenth. Legal basis for the rule: Tax Law, sections 171, subdivision First 2. TAF-34-06-00005-A Taxation of Corporate Partners. and 475 (not subdivided). This rule amended section 1-2.6 and Parts 3 and 4 of Title 20 2. TAF-49-10-00003-A Discretionary Adjustments to the Method NYCRR regarding taxation of corporate partners. of Allocation. Analysis of the need for the rule: This rule provided guidance with This rule amended sections 4-6.1 and 19-8.4 of Title 20 NYCRR regard to the computation of the business corporation franchise tax regarding discretionary adjustments to the method of allocation. imposed by Article 9-A of the Tax Law for corporations that are Analysis of the need for the rule: The rule updates the administra- partners in partnerships or that are members of limited liability tive procedures concerning taxpayer requests for discretionary adjust- companies that are treated as partnerships under Article 9-A. ments to the method of allocation. Legal basis for the rule: Tax Law, sections 171, subd. First and Legal basis for the rule: Tax Law, sections 171, subd. First, 210(8), 1096(a). 1096(a) and 1454(a)(6). 3. TAF-43-06-00006-A Reportable Transactions. 3. TAF-02-11-00011-A Assistance Program to Encourage Local This rule added Part 2500 to Title 20 NYCRR regarding New York Governments to Reassess on a Cyclical Basis. reportable transactions. This rule amended Real Property Tax Law, sections 201(1), Analysis of the need for the rule: The Department's Procedural 202(1)(k), and 1573(1)(a); and L. 2010, ch. 56, parts W and Y regard- Regulations were amended to add a new Part 2500 to provide a defini- ing an assistance program to encourage local governments to reassess tion of a New York reportable transaction and the disclosure require- on a cyclical basis. ments for participation in a New York reportable transaction. Under Analysis of the need for the rule: To provide rules to implement the Part 2500, a New York reportable transaction is a transaction that has statutory authorized assistance to local governments to encourage a the potential to be a tax avoidance transaction under articles 9, 9-A, cycle of reassessments. 22, 32, or 33 of the Tax Law. Legal basis for the rule: Real Property Tax Law, sections 201(1), Legal basis for the rule: Tax Law, sections 25(a)(3); 171; subd. 202(1)(k), and 1573(1)(a); and L. 2010, ch. 56, parts W and Y. First; 697(a); and 1096(a).

93 Rule Review NYS Register/January 27, 2016

4. TAF-43-06-00007-A New York Adjusted Gross Income of a This rule amended section 528.12(b)(1) and repeal of section Nonresident Individual. 528.12(c) of Title 20 NYCRR regarding flags of the United States of This rule amended Parts 132 and154 of Title 20 NYCRR regarding America and New York State. New York source income of nonresidents and part-year residents from Analysis of the need for the rule: This regulation was amended to stock options, stock appreciation rights and restricted stock. update the definition of the term “flag” and, accordingly, to exempt Analysis of the need for the rule: This rule complied with the statu- from State and local sales and use taxes flags that are made from tory directive of Tax Law sections 631(g) and 638(c), as amended by materials in addition to cloth and those accessories that are used solely Chapter 62 of the Laws of 2006, requiring the Department to propose for the display of the flag and are sold with the flag for a single charge. regulations within 180 days of enactment to provide allocation rules Legal basis for the rule: Tax Law sections 171, subd. First; 1142(1) for certain nonresidents and part-year residents who were granted and (8); and 1250 (not subdivided). stock options, stock appreciation rights or restricted stock. 4. RPS-08-01-00004-A Procedures for Market Value Surveys. Legal basis for the rule: Tax Law, sections 171, subd. First; 631(g); This rule amended Parts 186 and 191 of Title 9 NYCRR regarding 638(c); 697(a); and L. 2006, ch. 62, part N, section 3. procedures for determining State equalization rates with the goal of 5. RPS-27-06-00006-A Training Requirements for New York City providing for more accurate and timely measurements of relative mu- Assessors. nicipal full value for use in calculating the rates. This rule added Subpart 188-8 to Title 9 NYCRR regarding training Analysis of the need for the rule: This rule made various revisions requirements for New York City assessors. to the procedures for determining State equalization rates with the Analysis of the need for the rule: This rule implemented the goal of providing for more accurate and timely measurements of rela- program of training, certification and minimum qualification stan- tive municipal full value for use in calculating the rates. This rule was dards for New York City Assessors that was established by L.2005, previously reviewed as part of the State Board of Real Property Ser- ch.139. vices' 2006 Rule Review published in the State Register on January 4, Legal basis for the rule: Real Property Tax Law sections 202(1)(l) 2006. As a result of that review of the 2001 rule, a Rule Review notice and 350-364. indicating that it would be continued without modification was 6. RPS-38-06-00001-A RPS License Fees. published in the State Register on September 20, 2006. This rule amended section 190-3.2 of Title 9 NYCRR regarding Legal basis for the rule: Real Property Tax Law sections 202(1)(l) License fees for users of the Real Property System (RPS). and 1202. Analysis of the need for the rule: This rule revised the annual license 5. RPS-43-01-00007-A Reports by Special Franchise Owners and fees payable by users of the Real Property System (RPS). Review of Special Franchise Complaints. Legal basis for the rule: Real Property Tax Law section 202(1)(l) This rule amended Part 197 of Title 9 NYCRR regarding reporting and State Finance Law section 97-kk. requirements to which special franchise owners were subject, and provided a more specific and consistent structure for the filing of RULES ADOPTED IN 2001 complaints. 1. TAF-23-01-00043-A Taxpayer Record Retention Formats. Analysis of the need for the rule: This rule simplified the reporting This rule amended sections 39.1, 51.2(f), 54.2, 56.1, 61.3, 68.4(e), requirements to which special franchise owners were subject, and 75.5(c), 158.3, 158.4, 267.3, 413.4, 417.1, 417.2(e), 418.1, 483.1, provided a more specific and consistent structure for the filing of 483.5, 533.2, 538.4, 542.1, and addition of Part 2402 to Title 20 complaints. This rule was previously reviewed as part of the State NYCRR regarding taxpayer record retention formats. Board of Real Property Services' 2006 Rule Review published in the Analysis of the need for the rule: The Department’s Procedural State Register on January 4, 2006. As a result of that review of the Regulations were amended to add a new Part 2402 to ensure timely 2001 rule, a Rule Review notice indicating that it would be continued compliance with the record retention and electronic record keeping without modification was published in the State Register on September provisions of the state Electronic Signatures and Records Act (State 20, 2006. Technology Law, section 301 et seq.) and the federal Electronic Legal basis for the rule: Real Property Tax Law sections 202(1)(l), Signatures in Global and National Commerce Act (15 USCS, section 600, 604 and 612. 7001 et seq.). Part 2402 provides for the voluntary use of electronic records by taxpayers and prescribes general standards applicable to the retention of electronic records that ensure that taxpayers who exercise this option are complying with their responsibilities under the Tax Law and under other applicable laws that are administered by the Commissioner. Conforming amendments were also made to sections 39.1, 51.2(f), 54.2, 56.1, 61.3, 68.4(e), 75.5(c), 158.3, 158.4, 267.3, 413.4, 417.1, 417.2(e), 418.1, 483.1, 483.5, 533.2, 538.4, and 542.1 of the regulations. Part 2402 is currently being reviewed and updated to take in account statutory changes made by Chapter 437 of the Laws of 2004. Legal basis for the rule: Tax Law section 171, subds. First and Fourteenth. 2. TAF-17-01-00002-A Tax Rates. This rule amended Part 530 of Title 20NYCRR regarding tax rates and bracket schedules contained in the sales and use tax regulations. Analysis of the need for the rule: This regulation was amended to repeal the tax rates and bracket schedules which indicated the amount of sales tax to be collected for various amounts of sales prices and tax rates, and replace them with standard methodology for rounding the amount of sales tax to be collected to the nearest penny. Legal basis for the rule: Tax Law sections 171, subd. First; 1132(b); 1142(1) and (8); and 1250 (not subdivided). 3. TAF-26-01-00017-A The flags of the United States of America and the State of New York.

94 SECURITIES OFFERINGS

STATE NOTICES Maseco Alternative Credit Fund, L.P. c/o Maseco Asset Management Ltd., OMC Chambers, Wickhams Cay Published pursuant to provisions of General Business Law 1, Road Town, Tortola, BVI [Art. 23-A, § 359-e(2)] Partnership — Maseco Asset Management Ltd. Norcross Park, LLC DEALERS; BROKERS c/o R-R Norcross, Inc., 505 Park Ave., New York, NY 10022

Pre-IPO Investment Group A, LLC Aviva Investors Real Estate Capital Global Co-Investment Fund, L.P. 15 E. Putnam Ave., Suite 139, Greenwich, CT 06830 1177 Avenue of the Americas, 44th Fl., New York, NY 10036 State or country in which incorporated — Delaware limited liability Partnership — AI-RECC I GP, LLC company

Bronte Capital Ganymede Fund Ltd. PTP Securities, LLC c/o Citco Fund Services (Cayman Islands) Limited, 89 Nexus Way, 540 Hopmeadow St., Simsbury, CT 06070 Camana Bay, P.O. Box 31106 SMB, Grand Cayman, Cayman Islands KY1-1205 Rennova Health, Inc. State or country in which incorporated — Cayman Islands 400 S. Australian Ave., Suite 800, West Palm Beach, FL 33401 State or country in which incorporated — Delaware Cantor Fitzgerald & Co. 110 E. 59th St., 4th Fl., New York, NY 10022 Rodman Spring Ridge, L.P. Partnership — CFS CF&CO I Holdings, L.P. 308 E. Lancaster Ave., Suite 235, Wynnewood, PA 19096 Partnership — SMC Partners, Inc. Earthen Ales, LLC SE Mayfield Investors, LLC 1013 Jefferson Ave., Traverse City, MI 49684 350 N. LaSalle St., Suite 800, Chicago, IL 60654 State or country in which incorporated — Delaware limited liability Emerging India Focus Funds company c/o Trident Trust Company (Mauritius) LD Barkly Wharf, Le Caudan Waterfront, Port Louis, Mauritius Stafford Shiloh L.P. State or country in which incorporated — Mauritius 2711 Centerville Rd., Suite 400, Wilmington, DE 19808 Partnership — Stafford Shiloh GP Inc. First Liberties Securities, Inc. 369 Lexington Ave., Suite 311, New York, NY 10017 Taglich Brothers, Inc. State or country in which incorporated — New York 275 Madison Ave., Suite 1618, New York, NY 10016 State or country in which incorporated — New York Global Dynamic Opportunities Fund Ltd. Victoria Place, 31 Victoria St., Hamilton HM10 Bermuda Terrace LLC, The State or country in which incorporated — Bermuda 483 Tenth Ave., New York, NY 10018 State or country in which incorporated — New York Global Opportunities Fund Ltd. Victoria Place, 31 Victoria St., Hamilton HM10 Bermuda Tianyou Fund, L.P. State or country in which incorporated — Bermuda 11350 Random Hills Rd., Suite 800, Fairfax, VA 22030 Partnership — Tianyou Asset Management, LLC Hope Capital Partners, LP 787 Seventh Ave., 49th Fl., New York, NY 10019 Triton Pacific Securities, LLC Partnership — RKA Capital Group, LLC 10877 Wilshire Blvd., 12th Fl., Los Angeles, CA 90024 VO Partners V LLC Lodging Opportunity Fund Real Estate Investment Trust 2 85 Broad St., 29th Fl., New York, NY 10004 1635 43rd St. S, Suite 305, Fargo, ND 58103 State or country in which incorporated — Delaware limited liability company Makalu International Equity Fund, L.P. c/o Makalu General Partner, LLC, 6 Grace Court Alley, Brooklyn, WD XX Holdings LLC NY 11201 181 W. Madison St., Suite 4700, Chicago, IL 60602 Partnership — Makalu General Partner, LLC

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 PROVIDE the bid security. FORENSICS IDENTIFICATION The State intends to expedite award of this Contract and the Troop E Headquarters Contractor shall be prepared to proceed with the Work accordingly. Canandaigua, Ontario County Bidders are warned that time is of the essence of the Contract and completion of the Work must be within 730 days after the Agreement Sealed bids for Project Nos. 44559-C, 44559-H, 44559-P. 44559-E, is approved by the Comptroller. Due to the tightness of the construc- comprising separate contracts for Construction Work, HVAC Work, tion schedule, bidders should consider the necessity for an increased Plumbing Work, and Electrical Work, Provide Forensics Identifica- work force and shift operations. tion, Evidence Storage Building, Troop E Headquarters, 1569 Roch- ester Road, Canandaigua (Ontario County), NY, will be received by The only time prospective bidders will be allowed to visit the job the Office of General Services (OGS), Design & Construction Group site to take field measurements and examine existing conditions of the (D&C), Contract Administration, 35th Fl., Corning Tower, Empire project area will be at 10:00 a.m. on January 28, 2016 at Troop E State Plaza, Albany, NY 12242, on behalf of the New York State Po- Headquarters, 1569 Rochester Road, Canandaigua, NY. Prospective lice, until 2:00 p.m. on Wednesday, February 10. 2016, when they bidders are urged to visit the site at this time. Prospective bidders or will be publicly opened and read. Each bid must be prepared and their representatives attending the pre-bid site visit will not be admit- submitted in accordance with the Instructions to Bidders and must be ted on facility grounds without proper photo identification. Note that accompanied by a certified check, bank check, or bid bond in the parking restrictions and security provisions will apply and all vehicles amount of $165,300 for C, $41,900 for H, $22,400 for P, and $59,800 will be subject to search. for E. For assistance pertaining to the site visit only, please phone Evan All successful bidders on a multiple trade project or the successful Tucker (315) 253-8282. bidder with a bid over $200,000 on a single trade project, will be It is the policy of the State and the Office of General Services to required to furnish a Performance Bond and a Labor and Material encourage meaningful minority business enterprise participation in Bond in the statutory form of public bonds required by Sections 136 this project by contractors, subcontractors and suppliers who perform and 137 of the State Finance Law, each for 100% of the amount of the commercially useful functions under the Contract, and all bidders are Contract estimated to be between $6,000,000 and $7,000,000 for C, expected to cooperate in implementing this policy. between $1,000,000 and $2,000,000 for H, between $500,000 and The Office of General Services reserves the right to reject any or all $1,000,000 for P, and between $1,000,000 and $2,000,000 for E. The bids. requirement for Labor and Material and Performance Bonds may be The Bidding and Contract Documents for this Project are available waived on a bid under $200,000 on a single trade project. on compact disc (CD) only, and may be obtained for an $8.00 deposit Pursuant to State Finance Law § 139-j and § 139-k, this solicitation per set, plus a $2.00 per set shipping and handling fee. Contractors includes and imposes certain restrictions on communications between and other interested parties can order CD’s on-line through a secure OGS D&C and a bidder during the procurement process. A bidder is web interface available 24 hours a day, 7 days a week. Please use the restricted from making contacts from the earliest notice of intent to following link at the OGS website for ordering and payment solicit offers through final award and approval of the Procurement instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp. Contract by OGS D&C and Office of the State Comptroller (“restricted For questions about purchase of bid documents, please send an period”) to other than designated staff unless it is a contact that is e-mail to [email protected], or call toll free at 1-877-647-7526. included among certain statutory exceptions set forth in State Finance For additional information on this project, please use the link below Law § 139-j(3)(a). Designated staff are Frank Peris and Carl Ruppert and then click on the project number: https://online.ogs.ny.gov/dnc/ in the Bureau of Contract Awards, telephone (518) 474-0203, fax contractorConsultant/esb/ESBPlansAvailableIndex.asp. (518) 473-7862 and John Lewyckyj, Deputy Director of Design & Construction, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information when By John D. Lewyckyj, Deputy Director contacted during the restricted period and make a determination of the OGS - Design & Construction Group responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period, the bidder is debarred from obtaining governmental Procurement Contracts. Bid- ders responding to this Advertisement must familiarize themselves with the new Legislative and State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at: http://ogs.ny.gov/aboutogs/ regulations/defaultAdvisoryCouncil.asp. As a condition of award, within 48 hours of receipt of the proposed Contract Agreement from the State, the low bidder shall return the

MISCELLANEOUS NOTICES/HEARINGS Notice of Abandoned Property ENTITY NAME: JUNG-A BEAUTY WORLD, INC. Received by the State Comptroller REINSTATE: 10/19/15 DIS BY PROC: 04/25/12 Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies ENTITY NAME: KLASSIQUE BAR & LOUNGE INC. and other property deemed abandoned. A list of the names and last REINSTATE: 10/28/15 known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the DIS BY PROC: 04/27/11 Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of ENTITY NAME: MAN-MATOS REALTY CORP. Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 REINSTATE: 10/19/15 p.m., at: DIS BY PROC: 01/27/10 1-800-221-9311 or visit our web site at: ENTITY NAME: PROSPECT HOTEL, INC. www.osc.state.ny.us REINSTATE: 12/11/15 Claims for abandoned property must be filed with the New York DIS BY PROC: 09/23/98 State Comptroller's Office of Unclaimed Funds as provided in Sec- tion 1406 of the Abandoned Property Law. For further information ENTITY NAME: RRG ENTERPRISES INC. contact: Office of the State Comptroller, Office of Unclaimed Funds, REINSTATE: 11/13/15 110 State St., Albany, NY 12236. DIS BY PROC: 07/27/11

NOTICE OF ANNULMENT ENTITY NAME: TAXI ONE INC. OF DISSOLUTION OF REINSTATE: 10/07/15 CERTAIN BUSINESS CORPORATIONS DIS BY PROC: 10/26/11 Under the Provisions of Section 203-a of the Tax Law, As Amended The Secretary of State hereby provides notice that the following ENTITY NAME: THE EASTBAY MANAGEMENT GROUP, INC. corporations, which were duly dissolved in the manner prescribed by REINSTATE: 12/30/15 Section 203-a of the Tax Law, have complied with the provisions of DIS BY PROC: 10/28/09 subdivision (7) of Section 203-a of the Tax Law, annulling all of the proceedings theretofore taken for the dissolution of each such ENTITY NAME: ZOOMER REALTY CORP. corporation. The appropriate entries have been made on the records of REINSTATE: 10/07/15 the Department of State. DIS BY PROC: 10/26/11

COUNTY: ALLEGANY ENTITY NAME: 148 WEST FORDHAM REALTY CORP. REINSTATE: 12/11/15 ALEX'S COLLEGE SPOT, INC. DIS BY PROC: 01/26/11 REINSTATE: 11/18/15 DIS BY PROC: 12/29/99 ENTITY NAME: 2100 ANTHONY REALTY CORP. REINSTATE: 12/01/15 COUNTY: BRONX DIS BY PROC: 07/27/11

ENTITY NAME: BCA MECHANICAL SYSTEMS, INC. COUNTY: CLINTON REINSTATE: 11/06/15 DIS BY PROC: 04/25/12 ENTITY NAME: TELLING & ASSOCIATES CPA, P.C. REINSTATE: 11/27/15 ENTITY NAME: DEER POND, INC. DIS BY PROC: 01/25/12 REINSTATE: 10/23/15 DIS BY PROC: 06/24/92 COUNTY: DUTCHESS

ENTITY NAME: ECO ELECTRICAL CORP. ENTITY NAME: COLLEGEVIEW APARTMENTS II, INC. REINSTATE: 10/13/15 REINSTATE: 10/26/15 DIS BY PROC: 07/27/11 DIS BY PROC: 01/25/12

ENTITY NAME: GENCO MOTOR CORP. ENTITY NAME: DROP DECK SERVICES INC. REINSTATE: 10/02/15 REINSTATE: 11/04/15 DIS BY PROC: 01/25/12 DIS BY PROC: 01/26/11

99 Miscellaneous Notices/Hearings NYS Register/January 27, 2016

ENTITY NAME: JONES ENTERPRISES CORPORATION ENTITY NAME: CRRI CORP. REINSTATE: 11/10/15 REINSTATE: 12/10/15 DIS BY PROC: 01/25/12 DIS BY PROC: 01/25/12

ENTITY NAME: ORVAL UNDERWOOD & SONS, INC. ENTITY NAME: DONNYS DISCOUNT CENTER, INC. REINSTATE: 10/16/15 REINSTATE: 11/23/15 DIS BY PROC: 04/29/09 DIS BY PROC: 06/27/01

ENTITY NAME: RED OAKS MILL CARPET CORP. ENTITY NAME: EARLY BIRD DAIRY PRODUCTS, INC. REINSTATE: 10/07/15 REINSTATE: 12/09/15 DIS BY PROC: 01/25/12 DIS BY PROC: 01/25/12

ENTITY NAME: SUMMIT HILL LANDSCAPING, INC. ENTITY NAME: EMPOWERMENT TUTORING AND EARLY REINSTATE: 10/14/15 INTERVENTION SERVICE, INC. DIS BY PROC: 01/26/11 REINSTATE: 10/28/15 DIS BY PROC: 01/26/11 COUNTY: ERIE ENTITY NAME: F-25 INC. ENTITY NAME: HOME HANDYMAN SERVICE INC. REINSTATE: 11/03/15 REINSTATE: 11/17/15 DIS BY PROC: 04/27/11 DIS BY PROC: 10/26/11 ENTITY NAME: GRUDA, INC. ENTITY NAME: HOWARD GOLDMAN, INC. REINSTATE: 12/04/15 REINSTATE: 10/26/15 DIS BY PROC: 10/26/11 DIS BY PROC: 01/26/11 ENTITY NAME: IONICA MOTORS REAL ESTATE, INC. ENTITY NAME: I.W.R., INC. REINSTATE: 12/18/15 REINSTATE: 12/30/15 DIS BY PROC: 12/29/99 DIS BY PROC: 01/25/12 ENTITY NAME: JIMMY'S AUTO SERVICE, CORP. ENTITY NAME: MAJADI ENTERPRISES, INC. REINSTATE: 12/09/15 REINSTATE: 10/16/15 DIS BY PROC: 01/26/11 DIS BY PROC: 01/27/10 ENTITY NAME: KFSP, INC. ENTITY NAME: PETER THE ENGLISH GARDENER LTD. REINSTATE: 12/16/15 REINSTATE: 10/19/15 DIS BY PROC: 10/26/11 DIS BY PROC: 06/30/04 ENTITY NAME: MALLIS SUPPLY CO., INC. ENTITY NAME: THE PLACE ON LEXINGTON, INC. REINSTATE: 11/27/15 REINSTATE: 10/14/15 DIS BY PROC: 04/29/09 DIS BY PROC: 01/25/12 ENTITY NAME: MOORE STREET LOT, INC. COUNTY: FRANKLIN REINSTATE: 10/30/15 DIS BY PROC: 01/27/10 ENTITY NAME: CHATEAUGAY HIGH FALLS, INC. REINSTATE: 12/03/15 ENTITY NAME: MR ARIEL CORP. DIS BY PROC: 03/24/93 REINSTATE: 12/09/15 DIS BY PROC: 04/25/12 COUNTY: GREENE ENTITY NAME: NET MASTER INC. ENTITY NAME: LOUGHMAN'S BUILDING SUPPLY CORP. REINSTATE: 12/29/15 REINSTATE: 10/15/15 DIS BY PROC: 10/26/11 DIS BY PROC: 12/29/99 ENTITY NAME: O&P ZMANAGEMENT INC. COUNTY: KINGS REINSTATE: 11/05/15 DIS BY PROC: 10/26/11 ENTITY NAME: ALL HARP PRODUCTIONS, INC. REINSTATE: 12/22/15 ENTITY NAME: PICOLINO SHOES, INC. DIS BY PROC: 01/27/10 REINSTATE: 10/22/15 DIS BY PROC: 01/27/10 ENTITY NAME: B&B AUTO SERVICE STATION, INC. REINSTATE: 12/28/15 ENTITY NAME: ROYAL FUTON MATTRESS, INC. DIS BY PROC: 10/27/10 REINSTATE: 10/22/15 DIS BY PROC: 04/27/11 ENTITY NAME: BROOKLYN FUNERAL HOME, CREMATION SERVICE & BURIAL COMPANY INC. ENTITY NAME: SNUGGLE VENTURES INC. REINSTATE: 10/14/15 REINSTATE: 11/23/15 DIS BY PROC: 10/27/10 DIS BY PROC: 06/24/92

100 NYS Register/January 27, 2016 Miscellaneous Notices/Hearings

ENTITY NAME: TONER DEVELOPMENT, CORP. COUNTY: MONTGOMERY REINSTATE: 12/17/15 DIS BY PROC: 10/27/10 ENTITY NAME: NICOLINO'S RESTAURANT, INC. REINSTATE: 11/02/15 ENTITY NAME: TOVLI INC. DIS BY PROC: 01/26/11 REINSTATE: 11/25/15 DIS BY PROC: 04/25/12 COUNTY: NASSAU

ENTITY NAME: WAT'S DEVELOPMENT, INC. ENTITY NAME: ASSET TRACERS INC. REINSTATE: 12/29/15 REINSTATE: 10/29/15 DIS BY PROC: 01/26/11 DIS BY PROC: 04/29/09

ENTITY NAME: WCK ELECTRIC CORP. ENTITY NAME: BLOOMFIELD PARKING LOT MAINTE- REINSTATE: 12/30/15 NANCE, INC. DIS BY PROC: 06/26/96 REINSTATE: 11/13/15 DIS BY PROC: 01/26/11 ENTITY NAME: WEE DOO SERVICES, INC. REINSTATE: 12/17/15 ENTITY NAME: BYRAM RIVER ASSOCIATES, INC. DIS BY PROC: 01/25/12 REINSTATE: 12/22/15 DIS BY PROC: 01/28/09 ENTITY NAME: YAFA SUNSHINE CORP. REINSTATE: 10/09/15 ENTITY NAME: COMPU-TROL TECHNOLOGIES INC. DIS BY PROC: 01/27/10 REINSTATE: 11/25/15 DIS BY PROC: 10/26/11 ENTITY NAME: YE2 CORP. REINSTATE: 10/14/15 ENTITY NAME: GLEN COVE CREEK INC. DIS BY PROC: 10/26/11 REINSTATE: 10/21/15 DIS BY PROC: 07/28/10 ENTITY NAME: 141 PARK AVENUE REALTIES, INC. REINSTATE: 12/10/15 ENTITY NAME: GLOBAL COMPUTER EXPERTS INC. DIS BY PROC: 04/27/11 REINSTATE: 12/02/15 DIS BY PROC: 04/25/12 ENTITY NAME: 2133 HARING ST. CORP. REINSTATE: 12/28/15 ENTITY NAME: HENIELI INTERNATIONAL, INC. DIS BY PROC: 10/27/10 REINSTATE: 12/10/15 DIS BY PROC: 01/25/12 ENTITY NAME: 272 SEIGEL ST. INC. REINSTATE: 11/02/15 ENTITY NAME: I.D.C. REALTY CO., INC. DIS BY PROC: 01/27/10 REINSTATE: 12/23/15 DIS BY PROC: 07/29/09 ENTITY NAME: 284 SEIGEL ST. CORP. REINSTATE: 10/30/15 ENTITY NAME: LAWRENCE REAL ESTATE ENTERPRISES DIS BY PROC: 01/27/10 INC. REINSTATE: 10/13/15 ENTITY NAME: 360-370 EAST 31ST STREET, INC. DIS BY PROC: 07/28/10 REINSTATE: 11/18/15 DIS BY PROC: 01/26/11 ENTITY NAME: METROPOLITAN RADIOLOGY, P.C. REINSTATE: 12/02/15 ENTITY NAME: 43 BOGART CORP. DIS BY PROC: 01/25/12 REINSTATE: 10/30/15 DIS BY PROC: 01/27/10 ENTITY NAME: NEW KIM'S CORPORATION REINSTATE: 10/20/15 COUNTY: MONROE DIS BY PROC: 04/27/11

ENTITY NAME: BVNS MANAGEMENT, INC. ENTITY NAME: PROTECTION INSURANCE AGENCY, INC. REINSTATE: 11/25/15 REINSTATE: 11/19/15 DIS BY PROC: 01/27/10 DIS BY PROC: 10/26/11

ENTITY NAME: DAVID P. HARRIS, INC. ENTITY NAME: S.C.A. RESTAURANT CORP. REINSTATE: 12/08/15 REINSTATE: 10/30/15 DIS BY PROC: 06/30/04 DIS BY PROC: 01/28/09

ENTITY NAME: INTERNATIONAL CARRIER, INC. ENTITY NAME: SIX LIBERTY CORP. REINSTATE: 11/10/15 REINSTATE: 12/28/15 DIS BY PROC: 07/27/11 DIS BY PROC: 10/26/11

ENTITY NAME: ROCHESTER LASER TECHNOLOGIES, INC. ENTITY NAME: SOFTNET ENTERPRISES, INC. REINSTATE: 11/04/15 REINSTATE: 10/07/15 DIS BY PROC: 07/29/09 DIS BY PROC: 04/25/12

101 Miscellaneous Notices/Hearings NYS Register/January 27, 2016

ENTITY NAME: V.H.I CONSTRUCTION CORP. ENTITY NAME: FPC COFFEES REALTY CO. INC. REINSTATE: 12/09/15 REINSTATE: 10/07/15 DIS BY PROC: 04/27/11 DIS BY PROC: 10/28/09

ENTITY NAME: WEST & STANNISH INC. ENTITY NAME: GLOBAL ARTISTS MANAGEMENT OF NEW REINSTATE: 11/30/15 YORK INC. DIS BY PROC: 12/29/82 REINSTATE: 10/07/15 ENTITY NAME: 3915 MERRICK RD. INC. DIS BY PROC: 06/26/96 REINSTATE: 11/30/15 DIS BY PROC: 01/25/12 ENTITY NAME: HAIR BY ALICE, INC. REINSTATE: 12/28/15 ENTITY NAME: 399 SUNRISE HIGHWAY CORP. DIS BY PROC: 01/27/10 REINSTATE: 12/08/15 DIS BY PROC: 03/24/93 ENTITY NAME: HEADQCOURTERZ STUDIOS LTD. REINSTATE: 10/20/15 COUNTY: NEW YORK DIS BY PROC: 10/27/10

ENTITY NAME: A.M.O. HOLDING CORP. ENTITY NAME: LIFE LINE CLOTHING INCORPORATED REINSTATE: 12/30/15 REINSTATE: 11/30/15 DIS BY PROC: 01/27/10 DIS BY PROC: 07/27/11

ENTITY NAME: APOLLO THEATER MANAGING MEMBER ENTITY NAME: MACOMBS MANOR APARTMENT CORPORA- INC. TION REINSTATE: 12/18/15 REINSTATE: 12/21/15 DIS BY PROC: 01/26/11 DIS BY PROC: 01/26/11

ENTITY NAME: ARCAN CAB CORPORATION ENTITY NAME: MT DOG, INC. REINSTATE: 12/28/15 REINSTATE: 10/13/15 DIS BY PROC: 12/30/81 DIS BY PROC: 06/30/04

ENTITY NAME: BIX MANAGEMENT, INC. ENTITY NAME: NOBLE HOLDING CORP. REINSTATE: 12/17/15 REINSTATE: 10/01/15 DIS BY PROC: 10/26/11 DIS BY PROC: 09/24/97

ENTITY NAME: BIZZOCO CORPORATION ENTITY NAME: ORTHO WORKS INC. REINSTATE: 12/09/15 REINSTATE: 10/09/15 DIS BY PROC: 01/25/12 DIS BY PROC: 10/28/09

ENTITY NAME: BRADFORD NOBLE PHOTOGRAPHY INC. ENTITY NAME: PRISM INDUSTRIES INC. REINSTATE: 11/06/15 REINSTATE: 12/14/15 DIS BY PROC: 06/30/04 DIS BY PROC: 04/25/12

ENTITY NAME: BRENTANO'S INC. ENTITY NAME: PROFESSIONAL HOMES SALES INC. REINSTATE: 10/13/15 REINSTATE: 10/14/15 DIS BY PROC: 01/26/11 DIS BY PROC: 04/27/11

ENTITY NAME: BRIAN GHIELMETTI, INC. ENTITY NAME: RIVERDALE FINANCIAL SERVICES, INC. REINSTATE: 10/27/15 REINSTATE: 11/04/15 DIS BY PROC: 01/25/12 DIS BY PROC: 04/27/11

ENTITY NAME: CAPELA CONSULTING INC. ENTITY NAME: S & D ELECTRIC CORP. REINSTATE: 12/22/15 REINSTATE: 10/26/15 DIS BY PROC: 04/25/12 DIS BY PROC: 01/26/11

ENTITY NAME: CREEK DEVELOPMENT INC. ENTITY NAME: SAJOMA 179 ST INC REINSTATE: 11/12/15 REINSTATE: 10/30/15 DIS BY PROC: 10/26/11 DIS BY PROC: 04/27/11

ENTITY NAME: DELTA ROOM RENTALS CORP ENTITY NAME: SCRILLA HILL ENTERTAINMENT, INC. REINSTATE: 11/18/15 REINSTATE: 12/29/15 DIS BY PROC: 04/25/12 DIS BY PROC: 04/27/11

ENTITY NAME: DOWNTOWN CLEANING SERVICES, CORP. ENTITY NAME: SKYSCAPE PROPERTIES, INC. REINSTATE: 10/26/15 REINSTATE: 12/10/15 DIS BY PROC: 01/25/12 DIS BY PROC: 07/27/11

ENTITY NAME: EVEREST REALTY HOLDINGS, INC. ENTITY NAME: STAR 18 CAB CORP. REINSTATE: 12/02/15 REINSTATE: 10/15/15 DIS BY PROC: 01/25/12 DIS BY PROC: 09/23/92

102 NYS Register/January 27, 2016 Miscellaneous Notices/Hearings

ENTITY NAME: STEVEN DIAMOND, INC. COUNTY: ORANGE REINSTATE: 11/04/15 DIS BY PROC: 07/28/10 ENTITY NAME: ACRES ESTATES REALTY INC. REINSTATE: 12/08/15 ENTITY NAME: STUDIO JS2 ARCHITECT, P.C. DIS BY PROC: 01/25/12 REINSTATE: 12/16/15 ENTITY NAME: MELONPAYS INC. DIS BY PROC: 04/27/11 REINSTATE: 12/21/15 DIS BY PROC: 07/27/11 ENTITY NAME: SUN T. CORP. REINSTATE: 10/26/15 ENTITY NAME: RIGHT CHOICE BEDDING CORP. DIS BY PROC: 07/27/11 REINSTATE: 11/04/15 DIS BY PROC: 07/27/11 ENTITY NAME: TEMPLE TRANSLATIONS, INC. REINSTATE: 10/15/15 ENTITY NAME: TOP CALL FARM, INC. DIS BY PROC: 04/27/11 REINSTATE: 10/28/15 DIS BY PROC: 06/25/03 ENTITY NAME: TRADE WINDS FASHIONS INC. REINSTATE: 10/01/15 ENTITY NAME: 8 LUBLIN EQUITIES, INC. REINSTATE: 12/04/15 DIS BY PROC: 01/25/12 DIS BY PROC: 01/25/12

ENTITY NAME: TU SONRISA RESTAURANT CORP. COUNTY: PUTNAM REINSTATE: 10/07/15 DIS BY PROC: 01/27/10 ENTITY NAME: THE LYONS GATE GROUP CORP. REINSTATE: 10/09/15 ENTITY NAME: WEST HARLEM HAMILTON HEIGHTS CLUS- DIS BY PROC: 04/27/11 TER, INC. REINSTATE: 10/23/15 COUNTY: QUEENS DIS BY PROC: 01/26/11 ENTITY NAME: A SPECIAL PLACE FOR KIDS INC. ENTITY NAME: XQUISITE DELI INC. REINSTATE: 12/03/15 REINSTATE: 10/28/15 DIS BY PROC: 07/28/10 DIS BY PROC: 01/26/11 ENTITY NAME: BIG HEAD ENTERPRISES, INC. ENTITY NAME: 101 WEST 27TH STREET EQUITIES INC. REINSTATE: 12/24/15 REINSTATE: 12/10/15 DIS BY PROC: 10/27/10 DIS BY PROC: 10/26/11 ENTITY NAME: BLAGIO RESTAURANT INC. REINSTATE: 12/04/15 ENTITY NAME: 314 W. 139TH STREET MANAGEMENT CORP. DIS BY PROC: 01/26/11 REINSTATE: 12/08/15 DIS BY PROC: 09/23/92 ENTITY NAME: C V BUILDINGS INC REINSTATE: 12/07/15 ENTITY NAME: 74TH STREET OWNERS CORP. DIS BY PROC: 01/25/12 REINSTATE: 12/18/15 DIS BY PROC: 01/25/12 ENTITY NAME: CLASS A SERVICE OF NY INC. REINSTATE: 11/25/15 ENTITY NAME: 93 PITT STREET G.P., INC. DIS BY PROC: 10/26/11 REINSTATE: 11/17/15 DIS BY PROC: 06/26/02 ENTITY NAME: CONTROL SPEC ELECTRICAL SYSTEMS, INC. REINSTATE: 12/01/15 COUNTY: NIAGARA DIS BY PROC: 01/25/12

ENTITY NAME: SUMMIT SALOON, INC. ENTITY NAME: DOUG'S PLUMBING & HEATING SERVICES REINSTATE: 11/23/15 CORP. DIS BY PROC: 01/25/12 REINSTATE: 12/17/15 DIS BY PROC: 10/28/09 COUNTY: ONEIDA ENTITY NAME: EMILE MUSIC, INC. REINSTATE: 11/25/15 ENTITY NAME: SECO LEASING CORP. DIS BY PROC: 10/27/10 REINSTATE: 12/04/15 DIS BY PROC: 01/28/09 ENTITY NAME: FRIENDLY FOOD PROVISIONS, INC. REINSTATE: 12/10/15 COUNTY: ONONDAGA DIS BY PROC: 10/26/11

ENTITY NAME: JEFFERS LAWN & SNOW, INC. ENTITY NAME: G.F. SERVICES, INC. REINSTATE: 11/24/15 REINSTATE: 11/16/15 DIS BY PROC: 04/25/12 DIS BY PROC: 01/27/10

103 Miscellaneous Notices/Hearings NYS Register/January 27, 2016

ENTITY NAME: GATE IRON STEEL INC. ENTITY NAME: 83-17 BROADWAY CORP. REINSTATE: 11/05/15 REINSTATE: 10/05/15 DIS BY PROC: 07/27/11 DIS BY PROC: 10/26/11

ENTITY NAME: GF REAL ESTATE DEVELOPERS, INC. ENTITY NAME: 97-11 63RD DRIVE APARTMENTS OWNERS REINSTATE: 12/09/15 CORP. DIS BY PROC: 04/27/11 REINSTATE: 12/11/15 DIS BY PROC: 10/28/09 ENTITY NAME: ICEY DIAMONDS INC. REINSTATE: 12/04/15 COUNTY: RICHMOND DIS BY PROC: 04/25/12 ENTITY NAME: ISLAND GAS PLUS, INC. ENTITY NAME: INTERBORO STATE NEWS INC. REINSTATE: 11/25/15 REINSTATE: 12/24/15 DIS BY PROC: 01/25/12 DIS BY PROC: 01/27/10 ENTITY NAME: RADIANT HEAT PLUS, INC. ENTITY NAME: KOREA INT'L CORP. REINSTATE: 11/24/15 REINSTATE: 10/07/15 DIS BY PROC: 10/26/11 DIS BY PROC: 03/30/05 ENTITY NAME: SPINELLI LANDSCAPE & DESIGN INC. ENTITY NAME: LEXUS MERCHANT PLUS INC. REINSTATE: 10/16/15 REINSTATE: 12/24/15 DIS BY PROC: 10/26/11 DIS BY PROC: 07/27/11 ENTITY NAME: STANDARD TRANSMISSION PRODUCTIONS, ENTITY NAME: M.G.L. CONTRACTING INC. INC. REINSTATE: 10/13/15 REINSTATE: 10/05/15 DIS BY PROC: 10/26/11 DIS BY PROC: 10/26/11

ENTITY NAME: M.G.L. CONTRACTING INC. ENTITY NAME: STATEN ISLAND SURGICAL ASSOCIATES, REINSTATE: 10/16/15 P.C. DIS BY PROC: 10/26/11 REINSTATE: 11/03/15 DIS BY PROC: 01/25/12 ENTITY NAME: M&S DEVELOPERS CORP. REINSTATE: 12/29/15 COUNTY: ROCKLAND DIS BY PROC: 10/26/11 ENTITY NAME: FAMA EXPRESS, INC. ENTITY NAME: MARTES PHYSICAL THERAPY, P.C. REINSTATE: 11/13/15 REINSTATE: 10/13/15 DIS BY PROC: 01/25/12 DIS BY PROC: 01/27/10 ENTITY NAME: GINA'S DREAM, LTD. ENTITY NAME: P D & S BAR RESTAURANT CORP. REINSTATE: 10/19/15 REINSTATE: 12/11/15 DIS BY PROC: 01/26/11 DIS BY PROC: 01/26/11 ENTITY NAME: MOUNTAIN GLEN AT WARWICK CORP. ENTITY NAME: SUPREME GENERATION, INC. REINSTATE: 10/19/15 REINSTATE: 12/30/15 DIS BY PROC: 01/27/10 DIS BY PROC: 01/26/11 COUNTY: SUFFOLK ENTITY NAME: URBAN INSURANCE BROKERAGE INC. ENTITY NAME: ANCIENT CJM HOLDING CORP. REINSTATE: 11/20/15 REINSTATE: 10/27/15 DIS BY PROC: 07/27/11 DIS BY PROC: 10/28/09

ENTITY NAME: YUMMY YUMMY VIVI INC ENTITY NAME: EXPO SURE USA, INC. REINSTATE: 12/10/15 REINSTATE: 10/22/15 DIS BY PROC: 01/25/12 DIS BY PROC: 04/27/11

ENTITY NAME: 108-45 CORONA AVE. REALTY CORP. ENTITY NAME: GRAND B CORP. REINSTATE: 11/17/15 REINSTATE: 11/19/15 DIS BY PROC: 07/27/11 DIS BY PROC: 06/30/04

ENTITY NAME: 134 REAL ESTATE HOLDINGS, INC. ENTITY NAME: GREENPORT ICE DOCK, INC. REINSTATE: 12/30/15 REINSTATE: 11/05/15 DIS BY PROC: 10/26/11 DIS BY PROC: 01/27/10

ENTITY NAME: 62-10 39 AVE. CORP. ENTITY NAME: HALL & DRUM PROPERTIES INC. REINSTATE: 10/20/15 REINSTATE: 11/20/15 DIS BY PROC: 01/25/12 DIS BY PROC: 01/27/10

104 NYS Register/January 27, 2016 Miscellaneous Notices/Hearings

ENTITY NAME: JEFFSTAR MARINE SERVICES, INC. ENTITY NAME: MOLLY MALONE'S TAVERN INC. REINSTATE: 11/10/15 REINSTATE: 12/08/15 DIS BY PROC: 06/27/01 DIS BY PROC: 10/26/11

ENTITY NAME: KAPELL REAL ESTATE INC. ENTITY NAME: MVM EQUIPMENT CORP. REINSTATE: 12/16/15 REINSTATE: 12/10/15 DIS BY PROC: 01/25/12 DIS BY PROC: 04/27/11

ENTITY NAME: LELA REALTY CORP. ENTITY NAME: SUNNY RESTORATION, INC. REINSTATE: 10/16/15 REINSTATE: 10/22/15 DIS BY PROC: 07/27/11 DIS BY PROC: 04/27/11

ENTITY NAME: M'S TIMES THREE, CORP. ENTITY NAME: 157 TIBBETS ROAD ASSOCIATES, LTD. REINSTATE: 11/16/15 REINSTATE: 12/17/15 DIS BY PROC: 10/27/10 DIS BY PROC: 04/29/09

ENTITY NAME: MOYASTA REALTY CORP. ENTITY NAME: 24 WB REALTY CORP. REINSTATE: 11/16/15 REINSTATE: 12/23/15 DIS BY PROC: 07/28/10 DIS BY PROC: 07/27/11 ENTITY NAME: TOTAL MEDIA GROUP INC. ENTITY NAME: 302 SOUTH FIRST AVE. CORP. REINSTATE: 10/26/15 DIS BY PROC: 01/27/10 REINSTATE: 11/09/15 DIS BY PROC: 01/26/11 ENTITY NAME: WEST DUBLIN REALTY LTD. REINSTATE: 12/22/15 COUNTY: WYOMING DIS BY PROC: 01/25/12 ENTITY NAME: LETCHWORTH LANES, INC. COUNTY: SULLIVAN REINSTATE: 12/16/15 DIS BY PROC: 06/23/99 ENTITY NAME: AARIMAX, INC. REINSTATE: 12/16/15 NOTICE OF ERRONEOUS INCLUSION DIS BY PROC: 01/25/12 IN DISSOLUTION BY PROCLAMATION OF CERTAIN BUSINESS CORPORATIONS COUNTY: WAYNE Under the Provisions of Section 203-a of the Tax Law, As Amended ENTITY NAME: AGI THE GLASS GALLERY, INC. The Secretary of State hereby provides notice that the following REINSTATE: 11/23/15 corporations were erroneously included in proclamations declaring DIS BY PROC: 01/25/12 certain business corporations dissolved. The State Tax Commission has duly certified to the Secretary of State that the names of these COUNTY: WESTCHESTER corporations were erroneously included in such proclamations. The appropriate entries have been made on the records of the Department ENTITY NAME: APPLIED THERMAL TECHNOLOGY INC. of State. REINSTATE: 10/05/15 DIS BY PROC: 01/25/12 COUNTY: BRONX

ENTITY NAME: BLUE LEDGES R.E. INC. ENTITY NAME: YEARLING NURSERY SCHOOL, INC. REINSTATE: 11/16/15 REINSTATE: 10/26/15 DIS BY PROC: 04/27/11 DIS BY PROC: 09/24/97

ENTITY NAME: BRONXVILLE GARDENS OWNERS CORP. COUNTY: KINGS REINSTATE: 12/14/15 DIS BY PROC: 01/25/12 ENTITY NAME: 392 MARCY AVENUE HOUSING DEVELOP- MENT FUND CORPORATION ENTITY NAME: DARLENE'S MINI MARKET CORP. REINSTATE: 12/01/15 REINSTATE: 10/02/15 DIS BY PROC: 09/23/92 DIS BY PROC: 01/25/12

ENTITY NAME: FREDY G. GENERAL CONTRACTING CORP. COUNTY: MADISON REINSTATE: 10/28/15 DIS BY PROC: 01/25/12 ENTITY NAME: BRESCO CORPORATION REINSTATE: 11/13/15 ENTITY NAME: HOUSE OF FLOWERS, INC. DIS BY PROC: 01/25/12 REINSTATE: 10/28/15 DIS BY PROC: 03/26/97 COUNTY: MONROE

ENTITY NAME: MARMEL REALTY CORP. ENTITY NAME: CHESTNUT CAFE, INC. REINSTATE: 11/18/15 REINSTATE: 10/15/15 DIS BY PROC: 01/25/12 DIS BY PROC: 10/26/11

105 Miscellaneous Notices/Hearings NYS Register/January 27, 2016

COUNTY: NASSAU IN ANNULMENT OF AUTHORITY OF CERTAIN FOREIGN CORPORATIONS ENTITY NAME: AMPAK BILLING CORP. REINSTATE: 10/14/15 Under the Provisions of Section 203-b of the Tax Law, As Amended DIS BY PROC: 04/27/11 The Secretary of State hereby provides notice that the following foreign corporations were erroneously included in proclamations COUNTY: NEW YORK declaring their authority to do business in this state annulled. The State Tax Commission has duly certified to the Secretary of State that ENTITY NAME: AURORA-IRE, INC. the names of the following foreign corporations were erroneously REINSTATE: 12/11/15 included in such proclamations. The appropriate entries have been DIS BY PROC: 09/23/92 made on the records of the Department of State.

ENTITY NAME: HCKDCANAL REALTY CORP. COUNTY: NEW YORK REINSTATE: 12/10/15 DIS BY PROC: 06/26/91 ENTITY NAME: HP SOLUTIONS, INC. JURIS: NEW JERSEY ENTITY NAME: PETALUNE, INC. REINSTATE: 10/22/15 REINSTATE: 10/19/15 DIS BY PROC: 01/27/10 ANNUL OF AUTH: 10/26/11

ENTITY NAME: 14 EAST 68TH STREET CO-OPERATIVE, LTD. ENTITY NAME: PITCAIRN PROPERTIES INCORPORATED REINSTATE: 11/12/15 JURIS: PENNSYLVANIA DIS BY PROC: 01/28/09 REINSTATE: 11/19/15 ANNUL OF AUTH: 07/28/10 COUNTY: ONTARIO ENTITY NAME: PURICORE, INC. ENTITY NAME: PLANT HEALTH LTD., INC. JURIS: DELAWARE REINSTATE: 12/30/15 REINSTATE: 11/19/15 DIS BY PROC: 06/24/92 ANNUL OF AUTH: 07/27/11 COUNTY: PUTNAM ENTITY NAME: PYRAMIS GLOBAL ADVISORS HOLDINGS ENTITY NAME: FINE ART PRINTING, LTD. CORP. REINSTATE: 11/17/15 JURIS: DELAWARE DIS BY PROC: 12/26/01 REINSTATE: 11/25/15 ANNUL OF AUTH: 10/26/11 COUNTY: QUEENS NOTICE OF CANCELLATION ENTITY NAME: BEST UNDERWRITING AGENCY INC. OF ANNULMENT OF AUTHORITY OF REINSTATE: 12/01/15 CERTAIN FOREIGN CORPORATIONS DIS BY PROC: 01/25/12 Under the Provisions of Section 203-b of the Tax Law, As Amended ENTITY NAME: HIGHER GROUND COMMUNITY ALLIANCE The Secretary of State hereby provides notice that the following CORP. foreign corporations, which had their authority to do business in this REINSTATE: 12/18/15 state annulled in the manner prescribed by Section 203-b of the Tax DIS BY PROC: 10/26/11 Law, have complied with the provisions of subdivision (7) of Section 203-b of the Tax Law, annulling all of the proceedings theretofore ENTITY NAME: PRINCESS HAIR GALLERY CORP. taken for the annulment of authority of each such corporation. The ap- REINSTATE: 11/24/15 propriate entries have been made on the records of the Department of DIS BY PROC: 07/27/11 State.

COUNTY: ROCKLAND COUNTY: ALBANY ENTITY NAME: THE GELLER LAW GROUP P.C. REINSTATE: 11/25/15 ENTITY NAME: ALLIANCE INSURANCE SERVICES, INC. DIS BY PROC: 01/25/12 FICT NAME: ALLIANCE DC INSURANCE SERVICES JURIS: VIRGINIA COUNTY: SUFFOLK REINSTATE: 11/19/15 ANNUL OF AUTH: 04/25/12 ENTITY NAME: MYERS INTERNATIONAL INC. REINSTATE: 10/27/15 ENTITY NAME: CPS INSURANCE SERVICES DIS BY PROC: 01/26/11 JURIS: CALIFORNIA REINSTATE: 10/06/15 COUNTY: WESTCHESTER ANNUL OF AUTH: 01/26/11 ENTITY NAME: BODY BY LOU, INC. REINSTATE: 10/21/15 ENTITY NAME: PND ENGINEERS, INC. DIS BY PROC: 07/27/11 JURIS: ALASKA REINSTATE: 11/20/15 NOTICE OF ERRONEOUS INCLUSION ANNUL OF AUTH: 07/27/11

106 NYS Register/January 27, 2016 Miscellaneous Notices/Hearings

ENTITY NAME: TRACY, DRISCOLL & COMPANY INCORPO- ENTITY NAME: TERRE VERTE, INC. RATED JURIS: DELAWARE JURIS: CONNECTICUT REINSTATE: 10/19/15 REINSTATE: 10/22/15 ANNUL OF AUTH: 01/25/12 ANNUL OF AUTH: 06/25/03 ENTITY NAME: VELOCITY THE GREATEST PHONE COM- PANY EVER, INC. COUNTY: KINGS JURIS: DELAWARE REINSTATE: 12/03/15 ENTITY NAME: BENAKA, INC. ANNUL OF AUTH: 07/27/11 JURIS: NEW JERSEY REINSTATE: 11/19/15 COUNTY: ROCKLAND ANNUL OF AUTH: 01/25/12 ENTITY NAME: BENARD ASSOCIATES, INC. COUNTY: MONROE JURIS: NEW JERSEY REINSTATE: 12/22/15 ENTITY NAME: FERVENCY, INC. ANNUL OF AUTH: 10/26/11 JURIS: WASHINGTON REINSTATE: 10/20/15 ANNUL OF AUTH: 10/26/11 PUBLIC NOTICE Department of Civil Service COUNTY: NEW YORK PURSUANT to the Open Meetings Law, the New York State Civil Service Commission hereby gives public notice of the following: ENTITY NAME: AMERICAN WOODMARK CORPORATION Please take notice that the regular monthly meeting of the State JURIS: VIRGINIA Civil Service Commission for February 2016 will be conducted on REINSTATE: 12/16/15 February 9 and February 10 commencing at 10:00 a.m. This meeting ANNUL OF AUTH: 09/27/95 will be conducted at NYS Media Services Center, Suite 146, South Concourse, Empire State Plaza, Albany, NY. ENTITY NAME: BOMINFLOT NEW YORK, INC. For further information, contact: Office of Commission Opera- JURIS: DELAWARE tions, Department of Civil Service, Empire State Plaza, Agency Bldg. REINSTATE: 10/23/15 1, Albany, NY 12239, (518) 473-6598 ANNUL OF AUTH: 10/26/11 PUBLIC NOTICE ENTITY NAME: COUCH-BRAUNSDORF AFFINITY, INC. Office of Mental Health and Department of Health JURIS: NEW JERSEY REINSTATE: 12/29/15 Pursuant to 42 CFR Section 447.205, the Office of Mental Health ANNUL OF AUTH: 07/27/11 and the Department of Health hereby give public notice of the following: ENTITY NAME: DESIGN LEARNED, INCORPORATED The Office of Mental Health and the Department of Health propose JURIS: CONNECTICUT to amend the Title XIX (Medicaid) State Plan for institutional services REINSTATE: 11/04/15 related to temporary rate adjustments to Article 28 Hospitals that are ANNUL OF AUTH: 10/28/09 undergoing a closure, merger, consolidation, acquisition or restructuring of themselves or other health care providers. These payments are ENTITY NAME: DINOSAUR DESIGNS (U.S.A.) PTY LTD currently authorized by current State statutory and regulatory JURIS: AUSTRALIA provisions. The following changes are proposed: REINSTATE: 11/13/15 Additional temporary rate adjustments have been reviewed and ap- ANNUL OF AUTH: 01/26/11 proved for the following hospitals: D St. Joseph’s Hospital Health Center (Syracuse) ENTITY NAME: FLOOD & PETERSON INSURANCE, INC. D United Health Services Binghamton FICT NAME: FLOOD & PETERSON AGENCY The aggregate payment amounts total up to $3,442,666 for the pe- JURIS: COLORADO riod February 1, 2016 through March 31, 2016. REINSTATE: 12/28/15 The aggregate payment amounts total up to $5,868,896 for the pe- ANNUL OF AUTH: 06/25/03 riod April 1, 2016 through March 31, 2017. The aggregate payment amounts total up to $5,708,387 for the pe- ENTITY NAME: JACKSON FAMILY ENTERPRISES, INC. riod April 1, 2017 through March 31, 2018. JURIS: DELAWARE REINSTATE: 12/07/15 The aggregate payment amounts total up to $1,287,472 for the pe- ANNUL OF AUTH: 07/27/11 riod April 1, 2018 through March 31, 2019. The aggregate payment amounts total up to $245,297 for the period ENTITY NAME: LINCOLNSHIRE EQUITY, INC. April 1, 2019 through June 30, 2019. JURIS: DELAWARE The public is invited to review and comment on this proposed State REINSTATE: 11/18/15 Plan Amendment. Copies of which will be available for public review ANNUL OF AUTH: 07/28/10 on the Department of Health’s website at http://www.health.ny.gov/ regulations/stateplans/status. ENTITY NAME: RECYCLING CONSULTANTS AND MANAGE- Copies of the proposed State Plan Amendments will be on file in MENT SERVICES, INC. each local (county) social services district and available for public JURIS: DELAWARE review. REINSTATE: 12/23/15 For the New York City district, copies will also be available at the ANNUL OF AUTH: 04/27/11 following places:

107 Miscellaneous Notices/Hearings NYS Register/January 27, 2016

The aggregate payment amounts total up to $7,017,053.00 for the New York County period April 1, 2017 through March 31, 2018. 250 Church Street The public is invited to review and comment on this proposed State New York, New York 10018 Plan Amendment. Copies of which will be available for public review on the Department of Health’s website at http://www.health.ny.gov/ Queens County, Queens Center regulations/stateplans/status. 3220 Northern Boulevard Copies of the proposed State Plan Amendments will be on file in Long Island City, New York 11101 each local (county) social services district and available for public review. Kings County, Fulton Center For the New York City district, copies will also be available at the 114 Willoughby Street following places: Brooklyn, New York 11201 New York County Bronx County, Tremont Center 250 Church Street 1916 Monterey Avenue New York, New York 10018 Bronx, New York 10457 Queens County, Queens Center Richmond County, Richmond Center 3220 Northern Boulevard 95 Central Avenue, St. George Long Island City, New York 11101 Staten Island, New York 10301 Kings County, Fulton Center For further information and to review and comment, please contact: 114 Willoughby Street Department of Health, Division of Finance and Rate Setting, 99 Brooklyn, New York 11201 Washington Ave. – One Commerce Plaza, Suite 1460, Albany, NY 12210, or e-mail: spa[email protected] Bronx County, Tremont Center 1916 Monterey Avenue PUBLIC NOTICE Bronx, New York 10457 Office of Mental Health and Department of Health Richmond County, Richmond Center Pursuant to 42 CFR Section 447.205, the Office of Mental Health 95 Central Avenue, St. George and the Department of Health hereby give public notice of the Staten Island, New York 10301 following: The Office of Mental Health and the Department of Health propose to amend the Title XIX (Medicaid) State Plan for non-institutional For further information and to review and comment, please contact: services related to temporary rate adjustments to Article 31 Freestand- Department of Health, Division of Finance and Rate Setting, 99 ing Clinics that are undergoing a closure, merger, consolidation, Washington Ave. – One Commerce Plaza, Suite 1460, Albany, NY acquisition or restructuring of themselves or other health care 12210, or e-mail: spa[email protected] providers. These payments are currently authorized by current State statutory and regulatory provisions. The following changes are PUBLIC NOTICE proposed: Office of Mental Health and Department of Health Additional temporary rate adjustments have been reviewed and ap- Pursuant to 42 CFR Section 447.205, the Department of Health proved for the following clinics: hereby gives public notice of the following: D Albany County of Mental Health The Department of Health proposes to amend the Title XIX D Astor Children and Family Services (Medicaid) State Plan for non-institutional services related to tempo- D Catholic Charities of Rockville Center rary rate adjustments to the Licensed Home Care Services Agency, D Catholic Family Center of the Diocese of Rochester North Country Homes, that is undergoing a closure, merger, consolidation, acquisition or restructuring of themselves or other health care Central Nassau Guidance and Counseling Services, Inc. D providers. These payments are currently authorized by current State D Chenango County Community Service Board statutory and regulatory provisions. The following changes are D Lexington Center for Mental Health Services, Inc. proposed: D Mental Health Association of Westchester County Additional temporary rate adjustments have been reviewed and ap- D Northshore Child & Family Guidance Association, Inc. proved for North Country Homes with aggregate payment amounts D Northside Center for Child Development Inc. totaling up to $1,0450,000 for the period February 1, 2016 through March 31, 2016; $1,945,605 for the period April 1, 2016 through D Occupation Now Access Support for the Living March 31, 2017; and $766,895 for the period April 1, 2017 through D Safe Space NY March 31, 2018. D Schuyler County of Mental Health The public is invited to review and comment on this proposed State D Steuben County Community Mental Health Center Plan Amendment. Copies of which will be available for public review D Suffolk County Department of Health Services on the Department of Health’s website at http://www.health.ny.gov/ D Sullivan County Department of Community Services regulations/stateplans/status. D The Children’s Home of Jefferson County Copies of the proposed State Plan Amendments will be on file in each local (county) social services district and available for public D Upstate Cerebral Palsy, Inc. review. D Wayne County Mental Health Department For the New York City district, copies will also be available at the D Westchester Jewish Community Services following places: The aggregate payment amounts total up to $4,352,944.00 for the period February 1, 2016 through March 31, 2016. New York County The aggregate payment amounts total up to $10,600,851.00 for the 250 Church Street period April 1, 2016 through March 31, 2017. New York, New York 10018

108 NYS Register/January 27, 2016 Miscellaneous Notices/Hearings

WHEREAS, the following registered limited liability partnerships and Queens County, Queens Center New York registered foreign limited liability partnerships have not 3220 Northern Boulevard furnished the department with the required statement, and Long Island City, New York 11101 WHEREAS, such registered limited liability partnerships and New York registered foreign limited liability partnerships have been Kings County, Fulton Center provided with 60 days notice of this action; 114 Willoughby Street NOW, THEREFORE, I, Cesar A. Perales, Secretary of State of the Brooklyn, New York 11201 State of New York, do declare and proclaim that the registrations of the following registered limited liability partnerships are hereby Bronx County, Tremont Center revoked and the status of the following New York foreign limited li- 1916 Monterey Avenue ability partnerships are hereby revoked pursuant to the provisions of Bronx, New York 10457 Article 8-B of the Partnership Law, as amended: DOMESTIC REGISTERED LIMITED Richmond County, Richmond Center LIABILITY PARTNERSHIPS 95 Central Avenue, St. George A Staten Island, New York 10301 AUTISM ASSOCIATES OF NEW YORK LLP (05) B For further information and to review and comment, please contact: Department of Health, Division of Finance and Rate Setting, 99 BARRETT GREISBERGER FLETCHER, LLP (95) Washington Ave. – One Commerce Plaza, Suite 1460, Albany, NY C 12210, or e-mail: spa[email protected] CAOLA ENGINEERING, LLP (05) CAPARAS & CAPARAS, LLP (10) PUBLIC NOTICE CARLUCCI & GIARDINA LLP (00) Department of State CHAINTREUIL JENSEN STARK ARCHITECTS, LLP (95) F-2015-0895 COULTER, VENTRE & MCCARTHY, LLP (00) Date of Issuance – January 27, 2016 COVEY, ROBERTS, CORLISS & CARMODY-ROBERTS, LLP The New York State Department of State (DOS) is required by (00) Federal regulations to provide timely public notice for the activities CREIGHTON MANNING ENGINEERING, L.L.P. (95) described below, which are subject to the consistency provisions of D the Federal Coastal Zone Management Act of 1972, as amended. DACHENG LAW OFFICES LLP (10) The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New DAVIS & HERSH, LLP (00) York State Coastal Management Program. The applicant's consis- DEHAAN BUSSE LLP (05) tency certification and accompanying public information and data are DENGLER & DENGLER LLP (10) available for inspection at the New York State Department of State of- DOUD & COMPANY, L.L.P. (95) fices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York. E In F-2015-0895, Transcontinental Gas Pipe Line Company, LLC, is E.E.S. DENTAL ASSOCIATES, LLP (95) proposing the New York Bay Expansion Project which has project fa- F cilities within Richmond County. The stated project purpose is “…and FALK & HANDEL, LLP (05) expansion project to provide 115,000 dth/d of incremental firm FEINSTEIN & NAISHTUT, LLP (95) transportation service to The Brooklyn Union Gas Company, LLC, G d/b/a Nation Grid NY from Transco’s Station 195 to the existing junc- tion between the Lower NY Bay lateral and the Rockaway Delivery GETNICK & GETNICK LLP (10) Lateral and Transco’s existing Narrows M and R station…this project GETZEL SCHIFF & PESCE LLP (00) is designed to satisfy Nation Grid’s need for incremental supply by GOLDSMITH & HARZ, LLP (00) the 2017/2018 winter heating season.” H Any interested parties and/or agencies desiring to express their HUDSON VALLEY MALL DENTAL, LLP (10) views concerning any of the above proposed activities may do so by J filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, February 27, 2016. JACOBS & HAZAN, LLP (10) Comments should be addressed to the Consistency Review Unit, JOSEPH A. KLAUSNER, LLP (10) New York State Department of State, Office of Planning and Develop- K ment, One Commerce Plaza, 99 Washington Avenue, Albany, New KAMMHOLZ MESSINA LLP (10) York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Elec- KGW LLP (95) tronic submissions can be made by email at: [email protected]. KIM LEE CPAS LLP (10) This notice is promulgated in accordance with Title 15, Code of KURZON LLP (10) Federal Regulations, Part 930. L PUBLIC NOTICE LEBER & MACRI, CPA'S, LLP (10) LESTER C. MIGDAL LLP (05) Department of State Proclamation LEVY & GOLD, LLP (00) Revoking Limited Liability Partnerships LEWTER & DORNELLY, LLP (10) WHEREAS, Article 8-B of the Partnership Law, requires registered LOEFFLER & COMPANY LLP (95) limited liability partnerships and New York registered foreign limited LUCREZIA & PARTNERS LLP (10) liability partnerships to furnish the Department of State with a state- M ment every five years updating specified information, and MEIER FRANZINO & SCHER, LLP (95)

109 Miscellaneous Notices/Hearings NYS Register/January 27, 2016

MILLER & WRIGHT ARCHITECTS LLP (10) MORSE ZELNICK ROSE & LANDER LLP (95) N NORTHERN BOULEVARD RADIATION ONCOLOGY AS- SOCIATES, LLP (95) P PAGANO & FORGACH LLP (95) PERKINS-CLINE, LLP (10) PREMIER PSYCHOLOGY SERVICES, LLP (10) R ROSENMAN & COLIN LLP (95) S SALIBELLO & BRODER, LLP (00) SCHOEMAN UPDIKE KAUFMAN & STERN LLP (95) SCHRECK YORKES AND COMPANY LLP (05) SCHWARTZ LLP (10) SEHBE INIGUEZ, LLP (10) SELVARAJ MD & SULLIVAN MD, LLP (95) SIERRA AND SON, LLP (10) SILVERGLEID & FISH RADIOLOGISTS, LLP (10) SILVERMAN, BIKKAL & SANDBERG, LLP (00) SLCE ARCHITECTS, LLP (05) SMITH CAMPBELL, LLP (00) STEVEN F. COGAN & WARREN P. SILBERSTEIN LLP (95) STULMAKER KOHN, LLP (95) T THE CAMBS LAW FIRM, LLP (00) THE GUTTMAN LAW GROUP LLP (10) TOBIN AND DEMPF, LLP (00) TROY PEDIATRICS, LLP (95) W WALKER FLANARY LLP (10) FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIPS B BURNS & LEVINSON LLP (10) (MA) H HELLER EHRMAN LLP (00) (CA) K KELLER, FISHBACK & JACKSON LLP (05) (CA) R RLPS ARCHITECTS II, LLP (10) (PA) T TRIEN ROSENBERG WEINBERG CIULLO & FAZZARI LLP (95) (NJ)

[SEAL] WITNESS my hand and the official seal of the Department of State at its office in the City of Albany this twenty-seventh day of January in the year two thousand sixteen. CESAR A. PERALES Secretary of State

110 XECUTIV E ORDERS E

Executive Order No. 151: Emergency Declaration Regarding FURTHER, I direct all local social service districts to take all nec- Homelessness During Inclement Winter Weather. essary steps to extend shelter hours, to allow individuals who are WHEREAS, New York State is currently in the winter season and homeless to remain indoors, to instruct homeless service outreach is subject to inclement winter weather that poses an imminent danger workers to work with other relevant personnel and to work with local to public health and safety; and police in relation to the involuntarily transport of at-risk individuals WHEREAS, such inclement winter weather means air temperatures who refuse to go inside and who appear to be at-risk for cold related at or below 32 degrees Fahrenheit, including National Weather Ser- injuries to appropriate facilities for assessment consistent with the vice calculations for windchill; and provisions of section 9.41 of the Mental Hygiene Law, and to work in WHEREAS, when such inclement winter weather occurs, it pre- coordination with the State Police and all police agencies to ensure sents a threat to the life, health, and safety of the State’s citizens, that homeless individuals receive assistance as needed to protect the particularly to persons who are homeless, including the risk of public health and safety and at all times consistent with the State’s hypothermia and potentially death; and Constitution and existing statutes; WHEREAS, pursuant to the New York State Constitution, the State FURTHER, I direct all local social services districts to comply with of New York has an obligation to provide for the aid, care and support their obligation to ensure that all facilities used for temporary housing of persons in need and to protect and promote the health of its citizens; assistance placements are safe, clean, well maintained and supervised and and fully compliant with existing state and local laws, regulations, WHEREAS, it is imperative that the State act to ensure that such administrative directives, and guidelines; and aid, care and support is provided to address the needs of the State’s FURTHER, this order shall take effect on January 5, 2016 and homeless population, which need is further heightened during the supersede all local laws, as well as any local directives, guidance, or winter months; and policies to the contrary. WHEREAS, homelessness is an issue that impacts citizens in all regions of the State, from large cities to small towns and rural com- (L.S.) GIVEN under my hand and the Privy Seal of munities; and the State in the City of Albany, this third day WHEREAS, certain parts of the State are facing a crisis of home- of January in the year two thousand sixteen. lessness unprecedented in recent history; and WHEREAS, the State has a comprehensive system of more than BY THE GOVERNOR 77,000 emergency shelter beds for homeless single adults, families, /S/ Andrew M. Cuomo and unaccompanied youth, designed to meet the housing and sup- /s/ William J. Mulrow portive services needs of these homeless residents; and Secretary to the Governor WHEREAS, localities customarily work in coordination with police agency resources and local social service providers to conduct outreach to the homeless and to facilitate their transfer to sheltered locations; and WHEREAS, the State will assist local social services districts if they are lacking facilities, resources or expertise; and WHEREAS, the State will be imminently commencing and mandat- ing that local social service districts establish comprehensive regional housing and supportive service networks designed to meet the diverse needs of each subgroup within the homeless population; and WHEREAS, New York State law is clear and well-established that the State can take appropriate steps, including involuntary placement, to protect individuals from harming themselves or others; NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Con- stitution of the State of New York, Sections 28 and 29 of Article 2-B of the Executive Law, and consistent with the Laws of the State of New York, including the Mental Hygiene Law, and the judicial interpretations of those laws, do hereby issue this Executive Order to mitigate the effects of such inclement winter weather and the resulting impacts of such weather on individuals experiencing homelessness; FURTHER, I direct all local social service districts, police agencies including the New York State Police, and state agencies to take all necessary steps to identify individuals reasonably believed to be homeless and unwilling or unable to find the shelter necessary for safety and health in inclement winter weather, and move such individuals to the appropriate sheltered facilities;