New York State Department of State

January 2, 2019 DEPARTMENT OF STATE Vol. XLI Division of Administrative Rules Issue 1 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D To Implement New York State’s Every Student Succeeds Act (ESSA) Plan D Safety Helmet and Vest Requirements D Standards for Backstretch Housing and Related Facilities Regulatory Agenda Rule Review

State agencies must specify in each notice which proposes a rule the last date on which they will accept public comment. Agencies must always accept public comment: for a minimum of 60 days following publication in the Register of a Notice of Proposed Rule Making, or a Notice of Emergency Adoption and Proposed Rule Making; and for 30 days after publication of a Notice of Revised Rule Making, or a Notice of Emergency Adoption and Revised Rule Making in the Register. When a public hearing is required by statute, the hearing cannot be held until 60 days after publication of the notice, and comments must be accepted for at least 5 days after the last required hearing. When the public comment period ends on a Saturday, Sunday or legal holiday, agencies must accept comment through the close of business on the next succeeding workday.

For notices published in this issue: – the 60-day period expires on March 3, 2019 – the 30-day period expires on February 1, 2019 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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New York State Register January 2, 2019/Volume XLI, Issue 1

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 Correction, State Commission of 1 / Necessary Age for Admission to an Adult Lockup (A) Education Department 1 / To Implement New York State’s Every Student Succeeds Act (ESSA) Plan (E) Financial Services, Department of 4 / Valuation of Life Insurance Reserves; Recognition of the 2001 CSO Mortality Table and the 2017 CSO Mortality Table, et al (A) Gaming Commission, New York State 5 / Heads Up Hold ‘Em Poker (A) 5 / Treatment of Thoroughbred Horses with Ultrasound or Electro/Medical Equipment Before a Race (P) 6 / Safety Helmet and Vest Requirements (P) 7 / Standards for Backstretch Housing and Related Facilities (P) Motor Vehicles, Department of 8 / FOIL - Denials to Access of Records (A) Niagara Falls Water Board 8 / Adoption of Rates, Fees, and Charges (EP) Niagara Frontier Transportation Authority 10 / Procurement Guidelines of the Niagara Frontier Transportation Authority and Niagara Frontier Tran- sit Metro System, Inc. (P) Public Service Commission 11 / Petition on Alternative Method for Calculating Billing Adjustments (A) 12 / Minor Rate Filing for Increase in Annual Revenues (A) 12 / Energy Storage Deployment (A) 13 / Tariff Amendments (A) 13 / Energy Efﬁciency (A) 13 / Proposed Hybrid Energy Storage System Tariff (A) 13 / CES Phase 3 Implementation Plan (A) 14 / Revisions to the RY1 RAC Targets (A) 14 / Waiver of Article VII Regulations (A) 14 / Acceleration of the Return of Customer Credit (A) 15 / Allocation of Property Tax Refunds (A) 15 / Surcharge for Fire Protection Costs (A) 15 / Waiver Request (A) 16 / Tariff Amendments (A) 16 / Proposed Revisions to RG&E’s Dynamic Load Management Programs (P) 16 / Advanced Metering Infrastructure (P) 17 / Proposed Revisions to O&R’s Dynamic Load Management Programs (P) 17 / Proposed Revisions to NYSEG’s Dynamic Load Management Programs (P) 17 / Northbrook Lyons Falls LLC’s 3 Hydro Facilities with a Combined Capacity of 8.59 MW Located in Mill, Gouldtown, and Kosterville (P) 18 / Proposed Revisions to Central Hudson’s Dynamic Load Management Programs (P) 18 / Waiver of Main Extension Rules, Service Territory Extension and Agreement for Provision of Service (P) 18 / Notice of Intent to Submeter Electricity (P) 19 / Proposed Revisions to National Grid’s Dynamic Load Management Programs (P) 19 / National Grid’s Electric Economic Development Programs (P) 19 / Order of the Commission Related to Caller ID Unblocking (P) 20 / To Modify Provisions for Accepting New or Additional Gas Service Applications When There is In- adequate Supply or Capacity (P) Hearings Scheduled for Proposed Rule Makings / 22 Action Pending Index / 23

Regulatory Agenda 67 / Education Department 71 / Environmental Conservation, Department of 80 / Motor Vehicles, Department of 80 / Workers’ Compensation Board

Rule Review 81 / Environmental Conservation, Department of 84 / Gaming Commission, New York State 84 / Law, Department of 84 / Motor Vehicles, Department of 86 / Public Service Commission

Securities Offerings 89 / State Notices

Advertisements for Bidders/Contractors 91 / Sealed Bids

Miscellaneous Notices/Hearings 95 / Notice of Abandoned Property Received by the State Comptroller 95 / Public Notice RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists of 13 characters. For example, the I.D. No. AAM-01-96- Education Department 00001-E indicates the following: AAM -the abbreviation to identify the adopting agency EMERGENCY 01 -the State Register issue number RULE MAKING 96 -the year 00001 -the Department of State number, assigned upon To Implement New York State’s Every Student Succeeds Act receipt of notice. (ESSA) Plan E -Emergency Rule Making—permanent action I.D. No. EDU-19-18-00006-E not intended (This character could also be: A Filing No. 1180 for Adoption; P for Proposed Rule Making; RP Filing Date: 2018-12-18 for Revised Rule Making; EP for a combined Effective Date: 2018-12-18 Emergency and Proposed Rule Making; EA for an Emergency Rule Making that is permanent PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- and does not expire 90 days after filing.) cedure Act, NOTICE is hereby given of the following action: Action taken: Amendment of sections 100.2(ff), (m), 100.18, 100.19, Part Italics contained in text denote new material. Brackets 120; addition of section 100.21 to Title 8 NYCRR. indicate material to be deleted. Statutory authority: Education Law, sections 101, 112, 207, 210, 215, 305, 309, 3713; Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et seq. (Public Law 114-95, 129 STAT. 1802) Finding of necessity for emergency rule: Preservation of general welfare. State Commission of Specific reasons underlying the finding of necessity: On December 10, 2015, the Every Student Succeeds Act (ESSA) was signed into law by Correction President Obama. This bipartisan measure reauthorized the 50-year-old Elementary and Secondary Education Act, which provides federal funds to improve elementary and secondary education in the nation’s public NOTICE OF ADOPTION schools and requires states and school districts, as a condition of funding, to take a variety of actions to ensure all children, regardless of race, Necessary Age for Admission to an Adult Lockup income, background, or where they live, receive the education they need to prepare them for success in postsecondary education, careers, and I.D. No. CMC-42-18-00001-A citizenship. New York State receives approximately $1.6 billion annually Filing No. 1179 in funding through ESSA. Filing Date: 2018-12-18 After an extensive, 18-month long public engagement process, the Effective Date: 2019-01-02 Department, with Board approval, submitted New York State’s ESSA plan to the USDE for review on September 17, 2018. Subsequently, the Depart- ment met regularly with the USDE to provide clarifications on the plan. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- On January 17, 2018, the USDE approved the State’s plan. In January cedure Act, NOTICE is hereby given of the following action: 2018, the Department provided the Board of Regents with an update on Action taken: Amendment of section 7501.1(c) of Title 9 NYCRR. the approved plan and in March 2018, the Department provided an update Statutory authority: Correction Law, section 45(6) and (15) regarding the financial transparency requirements related to ESSA. In Subject: Necessary age for admission to an adult lockup. April 2018, the Department provided Board of Regents with a detailed Purpose: To ensure that individuals under 17 years old are not admitted to summary of the proposed amendment and the Board of Regents voted to an adult lockup. authorize Department staff to publish the proposed amendment in the State Register for the 60-day public comment period so that the Department had Text or summary was published in the October 17, 2018 issue of the Reg- an opportunity to receive as much public comment as possible before ister, I.D. No. CMC-42-18-00001-EP. adoption as an emergency rule for the 2018-2019 school year, as required Final rule as compared with last published rule: No changes. under ESSA. Text of rule and any required statements and analyses may be obtained In order to implement the State’s USDE approved ESSA Plan and to from: Deborah Slack-Bean, NYS Commission of Correction, 80 S. Swan prepare for implementation of the plan beginning with the 2018-19 school St., 12th Floor, Albany, New York 12210, (518) 485-2346, email: year, a new section 100.21 and amendments to Commissioner’s Regula- [email protected] tions sections 100.2(ff), 100.2(m), 100.18, 100.19 and Part 120 were made Initial Review of Rule to align the Commissioner’s Regulations with the approved ESSA plan, As a rule that does not require a RFA, RAFA or JIS, this rule will be relating to New York State’s updated accountability system. A Notice of Proposed Rulemaking was published in the State Register initially reviewed in the calendar year 2023, which is no later than the 5th on May 9, 2018 and based on comments from the field, revisions were year after the year in which this rule is being adopted. made to the proposed amendment. As a result, a Notice of Emergency Assessment of Public Comment Adoption and Revised Rule Making was published in the State Register The agency received no public comment. on July 18, 2018. Based on comments received during the public comment

1 Rule Making Activities NYS Register/January 2, 2019 period on the revised rule making, the Department made further revisions definitions, definitions related to school and district accountability, defini- to the regulation and a Notice of Emergency Adoption and Revised Rule tions related to school and district accountability designations, and defini- Making was published in the State Register on October 3, 2018. A Notice tions related to interventions for designated schools and districts to imple- of Revised Rulemaking will also be published on December 26, 2018. ment the new accountability system in New York State’s approved ESSA Because the Board of Regents meets at scheduled intervals, the February plan. 2019 Regents meeting is the earliest the proposed rule could be presented D Subdivision (c) outlines the procedures and requirements for registra- for adoption, after expiration of the 30-day public comment period tion of public schools, which remain the same as under the previous accountability regulations. required under the State Administrative Procedure Act for a revised D rulemaking. However, since the 2018-2019 school year began on July 1, Subdivision (d) relates to the requirements for the registration of public schools. 2018 emergency adoption is necessary for the preservation of the general D welfare to ensure that the emergency rule adopted at the June 2018 Regents Subdivision (e) provides that, commencing with the 2017-2018 school and the revisions adopted at the September and December 2018 Regents year results, the Commissioner will annually review the performance of meetings remain continuously in effect until the rule can be adopted as a all public schools, charter schools, and school districts in the State. The permanent rule in order to timely implement New York State’s approved Commissioner shall determine whether such public school, charter school ESSA plan, so that school districts may timely meet school/school district or school district shall be identified for Comprehensive Support and accountability requirements for the 2018-2019 school year and beyond, Improvement (CSI), Targeted Support and Improvement (TSI), or identi- consistent with the approved ESSA plan and pursuant to statutory fied as a Target District in accordance with the criteria set forth in subdivision (f) of the regulation. requirements. It is anticipated that the proposed rule will be presented to D the Board of Regents for permanent adoption at its February 2019 meeting. Subdivision (f) specifies the differentiated accountability methodology by which schools will be identified as either CSI (which will be identified every three years beginning with the 2018-2019 school year using Subject: To implement New York State’s Every Student Succeeds Act 2017-2018 school year results) or TSI (which will be identified annually (ESSA) plan. beginning with the 2018-2019 school year), and the methodology for Purpose: Implement NY’s USDE-approved ESSA plan and to comply identifying Target Districts. This section describes how six indicators with the provisions of the Elementary and Secondary Education Act of (composite performance, student growth, combined composite perfor- 1965. mance and growth, English language proficiency, academic progress, and Substance of emergency rule (Full text is posted at the following State chronic absenteeism) are used in the methodology for identification of website: http://www.counsel.nysed.gov/rulesandregs): The Commis- elementary and middle schools. This section also details how seven indica- sioner of Education proposes to amend sections 100.2(ff), 100.2(m), tors (composite performance; graduation rate; combined composite per- 100.18, 100.19 and Part 120 of the Regulations of the Commissioner of formance and graduation rate; English language proficiency; academic Education relating to Relating to the implementation of the State’s Ap- progress; chronic absenteeism; and college, career, and civic readiness) proved Every Student Succeeds Act (ESSA) Plan. The following is a sum- are used in the methodology for identifying high schools. This subdivision mary of the proposed rule: also explains how each of these indicators is computed, how these The proposed amendment to subdivision 100.2(ff) relates to the enroll- computations are converted into a Level 1-4 for each accountability group ment of youth released or conditionally released from residential facilities. for which a school or district is accountable, and how these levels as- This amendment clarifies the existing requirement that districts designate signed to the accountability groups are used to determine whether a school an employee(s) to be the transition liaison(s) with residential facility will be identified as in Good Standing, TSI, or CSI, and whether a district personnel, parents, students, and State and other local agencies for the will be identified as a District in Good Standing or a Target District. This purpose of facilitating a student’s effective educational transition into, be- subdivision also contains provisions regarding the identification of high tween, and out of such facilities to ensure that each student receives ap- schools for CSI based on graduation rates below 67% beginning with propriate educational and appropriate supports, services, and opportuni- 2017-18 school year results. In addition, this subdivision contains provi- ties; and this amendment also provides an overview of the duties of the sions regarding the identification of TSI schools for additional support as liaison(s). required by ESSA if an accountability group for which a school is identi- The proposed amendment to subdivision 100.2(m) relates to require- fied performs at a level that would have caused the school to be identified ments for the New York State report card for schools and districts. This as CSI if this had been the performance of the “all students” group. amendment updates the information to be provided in report cards to align D Subdivision (g) provides that preliminarily identified CSI and TSI with the provisions of ESSA and requires local educational agencies schools and Target Districts shall be given the opportunity to provide the (LEAs) to post the local report cards on their website, where one exists, to Commissioner with any additional information concerning extenuating or satisfy ESSA’s local report card requirements. If an LEA does not operate extraordinary circumstances faced by the school or district that should be a website, the LEA must provide the information to the public in another cause for the Commissioner to not identify the school as CSI or TSI or the manner determined by the LEA. district as a Target District. The proposed amendments to 100.18 clarify that this section, which D Subdivision (h) establishes the public notification requirements upon contains provisions relating to implementation of New York’s approved receipt of a designation of CSI or TSI school or a Target District. ESEA flexibility waiver, only applies to accountability designations made D Subdivision (i) specifies the interventions that must occur in schools prior to July 1, 2018, except as otherwise provided in the new section identified as CSI or TSI, as well as districts identified as Target Districts. 100.21. This section describes the requirements for identified schools as they relate In order to implement the State’s approved ESSA plan, the proposed to parental involvement, participatory budgeting, school comprehensive amendments to section 100.19 clarify that Failing Schools means schools education plans, and school choice. This subdivision also describes the that have been identified as Priority Schools and/or Comprehensive Sup- increased support and oversight that schools that fail to improve will port and Improvement Schools (CSI) for at least three consecutive years. receive. This subdivision also outlines the interventions for schools that, (See Attachment A for criteria for identification of a Comprehensive Sup- beginning with 2017-18 and 2018-19 school year results, has a Weighted port and Improvement School.) These amendments also clarify that begin- Average Achievement Level of 1 or 2 and that fails for two consecutive ning with the 2018-19 school year, removal from receivership will be years to meet the 95% participation rate requirement for annual state as- based upon a school’s status as a CSI rather than as a Priority School. sessments for the same accountability group for the same accountability The proposed creation of section 100.21 implements the new account- measure and are not showing improvement in the participation rate for ability and support and interventions of the State’s approved ESSA plan that accountability group. This subdivision also specifies the support that commencing with the 2018-2019 school year. Such provisions shall districts must provide to a school that is not CSI or TSI but has performed include, but not be limited to, the following: at Level 1 for an accountability group for an accountability measure. D Subdivision (a) sets forth an applicability clause which says that sec- D Subdivision (j) establishes the criteria for a school’s or a district’s re- tion 100.21 supersedes paragraphs (p)(1) through (11) and (14) through moval from an accountability designation. (16) of section 100.2 and section 100.18, which are the provisions of Com- D Subdivision (k) provides the criteria for the identification of schools missioner’s Regulations that were in place under the No Child Left Behind for public school registration review. Under this subdivision, the Commis- Act (NCLB) and the Department’s Elementary and Secondary Education sioner may place under preliminary registration review any school identi- Act (ESEA) flexibility waiver, and that the new section 100.21 shall apply fied for receivership; any school that is identified as CSI for three consec- in lieu of such provisions during the period of the Elementary and Second- utive years; and any school that has been identified as a poor learning ary Education Act, as amended by the Every Student Succeeds Act, and environment. Also, under this subdivision, a school under registration any revisions and extensions thereof, except as otherwise provided in sec- review shall also be identified as a CSI school, and subject to all the tion 100.21. If a provision of section 100.2(p) or of section 100.18 conflicts requirements of that designation. with section 100.21, the provisions of section 100.21 shall prevail. D Subdivision (l) specifies the process by which the Commissioner will D Subdivision (b) defines various terms, which are divided into general place a school under registration review; and the required actions of the

2 NYS Register/January 2, 2019 Rule Making Activities district and the school related to the designation. This subdivision also The rule will ensure a seamless transition to the revised accountability describes the requirements for receivership schools that have also been plan as authorized under the approved ESSA plan, and provide school identified for registration review. districts with the opportunity to demonstrate improvements by creating D Subdivision (m) specifies the criteria and process for removal of improvement plans that address the needs and resource issues found in schools from registration review, school phase-out or closure. identified schools. The proposed amendments to Part 120 update provisions in the existing For the complete Regulatory Impact Statement please visit the follow- regulations pertaining to the sunsetting of No Child Left Behind require- ing website: http://www.counsel.nysed.gov/rulesandregs ments regarding highly qualified teachers and provide for the continuation 4. COSTS: under ESSA of provisions pertaining to persistently dangerous schools Cost to the State: The proposed rule does not generally impose any new and unsafe school choice and updates to public school choice provisions. costs beyond those consistent with the provisions of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Suc- This notice is intended to serve only as a notice of emergency adoption. ceeds Act of 2015, 20 U.S.C. sections 6301 et seq. (Public Law 114-95, This agency intends to adopt the provisions of this emergency rule as a 129 STAT. 1802). permanent rule, having previously submitted to the Department of State a Costs to local government: The rule does not generally impose any new notice of proposed rule making, I.D. No. EDU-19-18-00006-P, Issue of costs beyond those consistent with the provisions of the Elementary and May 9, 2018. The emergency rule will expire February 15, 2019. Secondary Education Act of 1965, as amended by the Every Student Suc- Text of rule and any required statements and analyses may be obtained ceeds Act of 2015, 20 U.S.C. sections 6301 et seq. (Public Law 114-95, from: Kirti Goswami, NYS Education Department, 89 Washington Ave- 129 STAT. 1802). nue, Room 148, Albany, NY 12234, (518) 474-6400, email: Based upon the requirements described in the rule to implement certain [email protected] activities based upon a school or district’s accountability status, there may Summary of Regulatory Impact Statement (Full text is posted at the fol- be some associated costs. These activities, include, but are not necessarily lowing State website:http://www.counsel.nysed.gov/rulesandregs): limited to, annual notifications of accountability status; participation in 1. STATUTORY AUTHORITY: comprehensive needs assessments; conduct of parent, staff and student Ed.L.§ 101 continues existence of Education Department, with Board surveys; and development and implementation of improvement plans. For of Regents as its head, and authorizes Regents to appoint Commissioner school districts with schools receiving under Titles I, IIA or III, these of Education as Department’s Chief Administrative Officer, which is funds may be used to pay the associated costs. CSI schools that fail to charged with general management and supervision of all public schools show progress on their Annual Achievement Progression targets for two and educational work of State. consecutive years will be required to enter into a partnership with a Ed.L.§ 112(1) authorizes Commissioner to require schools and school BOCES, Regional Bilingual Education Resource Network, Teacher Center districts to facilitate the prompt enrollment of children who are released or or other Regional Technical Assistance Center, or other technical assis- conditionally released from residential facilities. tance provider as determined by the Commissioner to support the Ed.L.§ 207 empowers Regents and Commissioner to adopt rules and implementation of the Comprehensive Education Plan. Depending on the regulations to carry out State education laws and functions and duties nature of such partnership, and whether such partnership already exists, a conferred on the Department. school district may incur costs to implement this provision of the Ed.L.§ 210 authorizes Regents to register domestic and foreign institu- regulations. tions in terms of State standards, and fix the value of degrees, diplomas In some instances, school districts newly identified as Target Districts and certificates issued by institutions of other states or countries and pre- with schools that are designated as CSI or TSI that do not receive Title I sented for entrance to schools, colleges and professions in the State. funding may incur costs. These costs will generally be limited to the cost Ed.L.§ 215 authorizes Commissioner to require schools and school of site visits and implementation of any elements of District Comprehen- districts to submit reports containing such information as Commissioner sive Education Plans and Comprehensive Education Plans that involve shall prescribe. activities that are in addition to the district’s or the school’s regular Ed.L.§ 305(1) and (2) provide Commissioner, as chief executive officer educational program and that the district chooses not to fund through real- of the State’s education system, with general supervision over all schools location of existing resources. However, it is anticipated that non-Title I and institutions subject to the Education Law, or any statute relating to schools will be eligible to receive federal 1003 School Improvement education, and responsibility for executing all educational policies of the Grants that can be used to fund these activities. Regents. Districts that have schools that fail to meet the 95% participation rate Ed.L.§ 305(20) provides Commissioner shall have such further powers requirements must develop a participation rate improvement plan, which and duties as charged by the Regents. in some cases beginning in the 2021-22 school year shall include partner- Ed.L.§ 309 charges Commissioner with general supervision of boards ing with a BOCES or other technical assistance provider to conduct a of education and their management and conduct of all departments of participation rate audit and for schools that fail to meet certain conditions, instruction. to update such participation rate improvement plan. Because these partner- Ed.L.§ 3713(1) and (2) authorize State and school districts to accept ships will likely vary significantly in cost based on the number of schools federal law making appropriations for educational purposes and authorize for which a plan is required no estimate can be made at this time regarding Commissioner to cooperate with federal agencies to implement such law. required costs. Similarly districts that have schools that will be closed or The Elementary and Secondary Education Act of 1965, as amended by phased out as a consequence of these regulations may incur costs in the Every Student Succeeds Act of 2015, 20 U.S.C. sections 6301 et developing and implementing a closure or phase out plan. seq.(Public Law 114-95, 129 STAT.1802). In other instances, school districts and their schools will be designated 2. LEGISLATIVE OBJECTIVES: as in Good Standing, when under the present accountability system these The proposed rule is consistent with the above statutory authority and is school districts and schools might otherwise have been designated as Prior- necessary to implement New York’s approved ESSA plan and to comply ity, Focus or Local Assistance Plan schools. In these cases, school districts with the provisions of the Elementary and Secondary Education Act of may incur cost savings as they will no longer be required to participate in 1965, as amended by the Every Student Succeeds Act of 2015, 20 U.S.C. site visits or in the other previously required interventions for districts and sections 6301 et seq. (Public Law 114-95, 129 STAT. 1802). schools with such designations. In addition, a number of previous require- 3. NEEDS AND BENEFITS: ments for schools identified as Priority or Focus have been reduced or On December 10, 2015, ESSA was signed into law by President Obama. eliminated, thereby providing districts with increased flexibility in use of This bipartisan measure reauthorized the 50-year-old ESEA, which funds. For example, the current requirement for Title I Schools that are provides federal funds to improve elementary and secondary education in designated as Priority and Focus Schools to offer public school choice has the nation’s public schools and requires states and school districts, as a been replaced by a substantially more limited public school choice condition of funding, to take a variety of actions to ensure all children, program for a subset of Comprehensive Support and Improvement regardless of race, income, background, or where they live, receive the Schools. education they need to prepare them for success in postsecondary educa- Because of the number of school districts and schools involved, and the tion, careers, and citizenship. New York State receives approximately $1.6 fact that the allowable services and activities to be provided will vary billion annually in funding through ESSA. greatly from district-to-district, as well as school-to-school, depending on After an extensive, 18-month long public engagement process, the the school and district designation, the district’s choices, and the needs Department, with Board approval, submitted New York State’s ESSA plan presented in each school, a complete cost statement cannot be provided. to the USDE for review on September 17, 2018. On January 17, 2018, the No additional costs have been identified with respect to the implementa- USDE approved the State’s plan. In April 2018, the Department provided tion of the updated accountability system, given the similarities in current the Board of Regents with a description of the draft regulatory terms and requirements and an inability to determine differences aside from those in the Board directed the Department to finalize the draft regulatory terms for respect to depth of focus. publication in the State Register. Cost to private regulated parties: None.

3 Rule Making Activities NYS Register/January 2, 2019

Cost to regulating agency for implementation and continued administration of this rule: None. Department of Financial Services 5. LOCAL GOVERNMENT MANDATES: The rule is necessary to assist school districts to be able to meet the pro- NOTICE OF ADOPTION visions of New York’s approved ESSA plan. The proposed regulation will require districts with schools identified as CSI or TSI to make significant Valuation of Life Insurance Reserves; Recognition of the 2001 changes to the educational programs. See the response to Question #3, Needs and Benefits. CSO Mortality Table and the 2017 CSO Mortality Table, et al I.D. No. 6. PAPERWORK: DFS-42-18-00003-A Filing No. 1181 The proposed rule generally contains paperwork requirements consis- Filing Date: 2018-12-18 tent with those in existing regulations and does not generally impose any Effective Date: new paperwork requirements beyond those consistent with the above statu- 2019-01-02 tory authority and the provisions of the Elementary and Secondary Educa- tion Act of 1965, as amended by the Every Student Succeeds Act of 2015, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 20 U.S.C. sections 6301 et seq. (Public Law 114-95, 129 STAT. 1802). For cedure Act, NOTICE is hereby given of the following action: further information please see the above response to Question #3, Needs Action taken: Amendment of Parts 98 and 100 (Regulations 147 and 179) and Benefits. of Title 11 NYCRR. Statutory authority: Financial Services Law, sections 202, 302; Insurance 7. DUPLICATION: Law, sections 301, 1304, 1308, 4217, 4218, 4221, 4224, 4240 and 4517 The rule does not duplicate existing State or federal regulations. Subject: Valuation of Life Insurance Reserves; Recognition of the 2001 CSO Mortality Table and the 2017 CSO Mortality Table, et al. 8. ALTERNATIVES: Purpose: To recognize mortality improvement for applicable policies is- After an extensive, 18-month long public engagement process, the sued prior to 1/1/2019 if optionally elected. Department, with Board approval, submitted New York State’s ESSA plan Substance of final rule: Section 98.4(b)(5)(ii), (iii) and (vii)(b)(2) are to the USDE for review on September 17, 2018 which was approved on amended to specify that mortality improvement for varying premium term January 17, 2018. The proposed rule is necessary conform Commis- life insurance policies and universal life insurance policies that guarantee coverage will remain in force as long as the accumulation of premiums sioner’s Regulations to New York’s approved ESSA plan. paid satisfies the secondary guarantee requirement may only be recognized 9. FEDERAL STANDARDS: for policies issued on or after January 1, 2015 and prior to January 1, 2017, or on or after January 1, 2015 and prior to January 1, 2019 if option- The rule is necessary to conform regulations to New York’s approved ally elected. ESSA plan and the Elementary and Secondary Education Act of 1965, as Section 98.6(a)(1) (a)(7), (b)(1)(ii) and (b)(2) are amended to specify amended by the Every Student Succeeds Act of 2015, 20U.S.C.§ 6301 et that the reserve methodology specific to varying premium term life insur- seq. (Public Law 114-95, 129 STAT.1802). ance policies may only be applied for policies issued on or after January 1, 2015 and prior to January 1, 2017, or on or after January 1, 2015 and prior 10. COMPLIANCE SCHEDULE: to January 1, 2019 if optionally elected subject to the conditions set forth It is anticipated that parties will be able to timely implement the rule’s in section 98.6(a)(1)(iii). requirements beginning with its effective date. Section 98.7(b)(1)(iv) and (v) are amended to specify that mortality improvement for universal life insurance policies that guarantee coverage Regulatory Flexibility Analysis will remain in force as long as the accumulation of premiums paid satisfies A Notice of Proposed Rulemaking was published in the State Register on the secondary guarantee requirement may only be recognized for policies May 9, 2018. A Notice of Emergency Adoption and Revised Rule Making issued on or after January 1, 2015 and prior to January 1, 2017, or on or after January 1, 2015 and prior to January 1, 2019 if optionally elected. was published in the State Register on July 18, 2018. A second Notice of Section 98.9(c)(2)(viii)(b)(2) and (e) are amended to specify that the Emergency Adoption and Revised Rule Making was published in the State lapse rate assumption of no more than two percent for the first five years, Register on October 3, 2018. A Notice of Emergency Adoption was followed by a rate of no more than one percent for the remaining life of published in the State Register on November 21, 2018. However, no revi- the contract for universal life insurance policies that guarantee coverage sions are required to the previously published Regulatory Flexibility Anal- will remain in force as long as the accumulation of premiums paid satisfies ysis for Small Businesses and Local Governments published on October the secondary guarantee requirement may only be assumed for policies is- 3, 2018. sued on or after January 1, 2015 and prior to January 1, 2017, or on or after January 1, 2015 and prior to January 1, 2019 if optionally elected Rural Area Flexibility Analysis subject to the conditions set forth in section 98.9(c)(2)(viii)(b)(2)(iii). A Notice of Proposed Rulemaking was published in the State Register on Section 100.6(a)(2), (3), (7) and (8) are amended to specify that mortality improvement for varying premium term life insurance policies may May 9, 2018. A Notice of Emergency Adoption and Revised Rule Making only be recognized for policies issued on or after January 1, 2015 and was published in the State Register on July 18, 2018. A second Notice of prior to January 1, 2017, or on or after January 1, 2015 and prior to Janu- Emergency Adoption and Revised Rule Making was published in the State ary 1, 2019 if optionally elected. Register on October 3, 2018. A Notice of Emergency Adoption was Section 100.11(a), (b) and (c) are amended to specify that mortality published in the State Register on November 21, 2018. However, no revi- improvement for varying premium term life insurance policies may only sions are required to the previously published Rural Area Flexibility Anal- be recognized for policies issued on or after January 1, 2015 and prior to ysis published on October 3, 2018. January 1, 2017, or on or after January 1, 2015 and prior to January 1, 2019 if optionally elected subject to the conditions set forth in section Job Impact Statement 100.11(b). A Notice of Proposed Rulemaking was published in the State Register on Section 100.12(a), (b) and (c) are amended to specify that mortality May 9, 2018. A Notice of Emergency Adoption and Revised Rule Making improvement for universal life insurance policies that guarantee coverage will remain in force as long as the accumulation of premiums paid satisfies was published in the State Register on July 18, 2018. A second Notice of the secondary guarantee requirement may only be recognized for policies Emergency Adoption and Revised Rule Making was published in the State issued on or after January 1, 2015 and prior to January 1, 2017, or on or Register on October 3, 2018. A Notice of Emergency Adoption was after January 1, 2015 and prior to January 1, 2019 if optionally elected published in the State Register on November 21, 2018. However, no revi- subject to the conditions set forth in section 100.12(b). sions are required to the previously published Job Impact Statement Final rule as compared with last published rule: Nonsubstantive changes published on October 3, 2018. were made in sections 98.6(a)(1), 98.9(c)(2), 100.11(b) and 100.12(b). Text of rule and any required statements and analyses may be obtained Assessment of Public Comment from: Amanda Fenwick, Department of Financial Services, One Com- The agency received no public comment since publication of the last as- merce Plaza, Albany, NY 12257, (518) 474-7929, email: sessment of public comment. [email protected]

4 NYS Register/January 2, 2019 Rule Making Activities

Revised Job Impact Statement § 4043.13. Other prohibitions. The amendments to Insurance Regulations 147 and 179 should have no No person shall, attempt to, or cause, solicit, request, or conspire with impact on jobs and employment opportunities. The amendments modify another or others to: Insurance Regulations 147 and 179 to specify that two prior amendments (a) use or possess any electrical device, “joint,” “battery,” electric prod, or any other electrical equipment or any mechanical or other appliance not to the regulations (i.e., the Fifth and Sixth Amendments to Regulation 147 generally accepted as regular racing equipment that can be used to stimu- and the Third and Fourth Amendments to Regulation 179) shall only apply late, depress, goad, spur, retard or condition a horse during a race or dur- to policies issued on or after January 1, 2015 and prior to January 1, 2017, ing training. The use of ultrasonic, diathermy or other electro/medical or on or after January 1, 2015 and prior to January 1, 2019 with written equipment is permissible until 24 hours before the [start of a racing notification provided to the Superintendent by January 31, 2019. The program,] scheduled post time of the race in which the horse is to compete, concurrent amendments to Insurance Regulations 147 and 179 allow insur- and whirlpool until race time. However, the stewards may bar the posses- ers to apply these two prior amendments, if optionally elected, for one ad- sion or use of any specific equipment; ditional year of policy issues. Insurers should not need to hire additional Text of proposed rule and any required statements and analyses may be employees or independent contractors to comply with these amendments. obtained from: Kristen M. Buckley, New York State Gaming Commis- sion, One Broadway Center, P.O. Box 7500, Schenectady, NY 12301- Assessment of Public Comment 7500, (518) 388-3332, email: [email protected] The agency received no public comment. Data, views or arguments may be submitted to: Same as above. Public comment will be received until: 60 days after publication of this notice. Regulatory Impact Statement New York State Gaming 1. Statutory authority: The New York State Gaming Commission (“Commission”) is authorized to promulgate these rules pursuant to Rac- Commission ing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) §§ 103(2) and 104(1, 19). Under § 103(2), the Commission is responsible for supervising, regulating and administering all horse racing and pari-mutuel NOTICE OF ADOPTION wagering activities in the State. Subdivision (1) of § 104 confers upon the Commission general jurisdiction over all such gaming activities within the State and over the corporations, associations and persons engaged in such Heads Up Hold ‘Em Poker activities. Subdivision (19) of § 104 authorizes the Commission to I.D. No. SGC-38-18-00002-A promulgate any rules and regulations that it deems necessary to carry out Filing No. 1174 its responsibilities. 2. Legislative objectives: To enhance the safety and integrity of pari- Filing Date: 2018-12-17 mutuel racing. Effective Date: 2019-01-02 3. Needs and benefits: This rule making is needed to improve our thoroughbred rules with regard to permitted prerace treatment. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Section 4043.13 of 9 NYCRR currently permits the use of ultrasonic and electro/medical equipment on race day until 24 hours before the start cedure Act, NOTICE is hereby given of the following action: of the race program. On major race dates with additional races and an Action taken: Addition of Part 5324.43 to Title 9 NYCRR. earlier than normal commencement of the race program, it is difficult for Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, horsepersons to have access to and treat their horses with the ultrasonic sections 104(19), 1307(1), (2)(g), 1335(5), (6) and (11) and electro/medical equipment before this deadline. Subject: Heads Up Hold ‘Em poker. The proposed amendment, which has the endorsement of the New York Thoroughbred Horsemen’s Association, Inc., helps by permitting the Purpose: To set forth the practices and procedures for the operation of equipment to be used until 24 hours before each horse’s scheduled post Heads Up Hold ‘Em poker as a casino table game. time. The proposal would change this restricted time period for all races, Text or summary was published in the September 19, 2018 issue of the for simplicity. This change will also conform to the Commission’s medica- Register, I.D. No. SGC-38-18-00002-P. tion rules. The 24-hour restricted time periods for substances administered Final rule as compared with last published rule: No changes. to a horse before racing are based on the scheduled post time of a horse’s Text of rule and any required statements and analyses may be obtained race. from: Kristen Buckley, New York State Gaming Commission, One There will be no substantial effect on the race performance or integrity Broadway Center, 6th Floor, Schenectady, NY 12305, (518) 388-3332, of the races the next day. email: [email protected] 4. Costs: Initial Review of Rule (a) Costs to regulated parties for the implementation of and continuing compliance with the rule: These amendments will not add any new As a rule that does not require a RFA, RAFA or JIS, this rule will be mandated costs to the existing rules. There is no cost to the regulated par- initially reviewed in the calendar year 2023, which is no later than the 5th ties by using independent veterinarians. year after the year in which this rule is being adopted. (b) Costs to the agency, the state and local governments for the Assessment of Public Comment implementation and continuation of the rule: None. The amendments will The agency received no public comment. not add any new costs. There will be no costs to local government because the Commission is the only governmental entity authorized to regulate PROPOSED RULE MAKING pari-mutuel harness racing. (c) The information, including the source(s) of such information and the NO HEARING(S) SCHEDULED methodology upon which the cost analysis is based: N/A. 5. Local government mandates: None. The Commission is the only Treatment of Thoroughbred Horses with Ultrasound or Electro/ governmental entity authorized to regulate pari-mutuel thoroughbred rac- Medical Equipment Before a Race ing activities. I.D. No. 6. Paperwork: There will be no additional paperwork. SGC-01-19-00002-P 7. Duplication: No relevant rules or other legal requirements of the state and/or federal government exist that duplicate, overlap or conflict with PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- this rule. cedure Act, NOTICE is hereby given of the following proposed rule: 8. Alternatives: There are no similarly practical alternatives. Proposed Action: Amendment of section 4043.13 of Title 9 NYCRR. 9. Federal standards: There are no minimum standards of the federal government for this or a similar subject area. Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, 10. Compliance schedule: The Commission believes that regulated sections 103(2), 104(1) and (19) persons will be able to achieve compliance with the rule upon adoption of Subject: Treatment of thoroughbred horses with ultrasound or electro/ this rule. medical equipment before a race. Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Purpose: To enhance the safety and integrity of pari-mutuel racing. Impact Statement Text of proposed rule: Section 4043.13 of 9 NYCRR would be amended A regulatory flexibility analysis for small business and local govern- as follows: ments, a rural area flexibility analysis, and a job impact statement are not

5 Rule Making Activities NYS Register/January 2, 2019 required for this rulemaking proposal because it will not adversely affect (1) British Equestrian Trade Association (BETA) Standard for Body small businesses, local governments, rural areas, or jobs. and Shoulder Protectors for Equestrian Use, BETA 2009 Level 1; The proposal would permit the use of electro/medical equipment treat- (2) European Norm, EN 13158:2009 Level 1, Protective Clothing for ment of racehorses until 24 hours before post time of a horse’s race, rather equestrian use; or than 24 hours before the start of the race program. This change will make (3) American Society for Testing and Materials, ASTM F2681-08 or it easier for horsemen to have time to treat horses that are entered in later F1937-04, Standard Specification for Body Protectors Used in Horse races, particularly on major race days when a large number of races are Sports and Horseback Riding. carded. The amendment would not change the kind of treatments or equip- (c) A safety vest shall not be altered from its original manufactured ment that are used in horseracing. design nor shall the product marking be removed or defaced. This rule will not impose an adverse economic impact or reporting, Text of proposed rule and any required statements and analyses may be recordkeeping, or other compliance requirements on small businesses in obtained from: Kristen M. Buckley, New York State Gaming Commis- rural or urban areas or on employment opportunities. No local government activities are involved. sion, One Broadway Center, P.O. Box 7500, Schenectady, NY 12301- 7500, (518) 388-3332, email: [email protected] PROPOSED RULE MAKING Data, views or arguments may be submitted to: Same as above. NO HEARING(S) SCHEDULED Public comment will be received until: 60 days after publication of this notice. Safety Helmet and Vest Requirements Regulatory Impact Statement 1. STATUTORY AUTHORITY: The New York State Gaming Commis- I.D. No. SGC-01-19-00017-P sion (“Commission”) is authorized to promulgate these rules pursuant to Racing Pari-Mutuel Wagering and Breeding Law sections 103(2) and PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 104(1, 19). cedure Act, NOTICE is hereby given of the following proposed rule: Under Section 103(2), the Commission is responsible to supervise, Proposed Action: Amendment of sections 4006.7 and 4006.8 of Title 9 regulate, and administer all horse racing and pari-mutuel wagering activi- NYCRR. ties in the State. Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, Subdivision (1) of Section 104 confers upon the Commission general sections 103(2), 104(1) and (19) jurisdiction over all such gaming activities within the State and over the corporations, associations and persons engaged in such activities. Subject: Safety helmet and vest requirements. Subdivision (19) of Section 104 authorizes the Commission to promul- Purpose: To enhance the safety and integrity of pari-mutuel racing. gate any rules and regulations that it deems necessary to carry out its Text of proposed rule: Section 4006.7 of 9 NYCRR would be amended as responsibilities. follows: 2. LEGISLATIVE OBJECTIVES: To enhance the integrity and safety § 4006.7. Safety helmet required. of Thoroughbred racing. (a) Every [jockey, apprentice jockey and other rider, whether in a race 3. NEEDS AND BENEFITS: This rulemaking will update the require- or when exercising or ponying a thoroughbred horse,] person working in ments for safety helmets and vests on the grounds of Thoroughbred tracks. the gate crew or mounted on horseback on the grounds of a racetrack Section 4006.7 of 9 NYCRR currently requires jockeys, pony riders shall wear a properly fastened safety helmet [of a type approved in writing and other riders on the grounds of a Thoroughbred track to wear a helmet, by the stewards. No change shall be made in any such helmet without the approved by the Stewards, when racing, exercising or ponying a horse. approval of the stewards]. The gate crew means the starter and assistant The proposal will instead specify the applicable, current equine product starter and any person who handles a horse for the starter or assistant standards, at least one of which a helmet must meet, and permit compli- starter at the starting gate. ance with revised versions of such standards unless the Commission (b) Each safety helmet shall provide a minimum level of shock absorb- determines that any such change shall not be accepted. The proposal ing protection to the head as evidenced by a label indicating compliance extends the requirement to wear such a helmet any person who is mounted with one or more of the following product standards or with a standard on a horse or working in the starting gate crew on such tracks and will also that in the judgment of the executive director of the commission or his or require that the helmet be properly fastened. her designee is comparable or superior: Section 4006.8 currently requires jockeys, pony and other riders on the (1) American Society for Testing and Materials, ASTM F1163-04a or grounds of a Thoroughbred track to wear a safety vest that complies with F1163-15, Standard Specification for Protective Headgear Used in Horse British Equestrian Trade Association (BETA) 2000/2009 Level 1, or a Sports and Horseback Riding; standard that in the judgment of the stewards is comparable, when racing, (2) European Norm, EN 1384:1996, Helmets for Equestrian Activi- exercising or ponying a horse. The proposal will require 2009 Level 1 and ties; replace the judgment of the stewards with other acceptable product (3) British Standards Institute Product Approval Specification, PAS standards. The vest must meet at least one of these standards, and the pro- 015:2011, Specification for Helmets for Equestrian Activities; posal will permit compliance with revised versions of such standards un- (4) Interim European Standard, VG1 01.040: 2014-12 (with or less the Commission determines that any such change shall not be without BSI Kitemark), Equestrian helmets; accepted. The proposal will extend the requirement to wear such a vest to (5) Australian Standards/New Zealand Standards, AS/NZS any person mounted on a horse on such tracks. The proposal would 3838:2006, Helmets for horse riding and horse-related activities; increase the permitted vest weight from two to four pounds, consistent (6) Australian Racing Board Helmet Safety Standard, ARB HS 2012; with newer product standards, and would require that the vest be properly (7) Snell Memorial Foundation (Snell) Equestrian Helmet Standard fastened. E2001 or E2016; or The proposed amendments are based on a report from Marsh Risk (8) L’Union Technique de l’Automobile du Motocycle et du Cycle Consulting that was commissioned by The Jockey Injury Compensation (UTAC) or CRITT Sport Loisirs (CRITT) 04/2015 standards. Fund to assess operational risks in New York Thoroughbred racing and (c) A safety helmet shall not be altered from its original manufactured input from the stewards at New York State tracks, The Jockey Guild, and design nor shall the product marking be removed or defaced. the New York Thoroughbred Horsemen’s Association (NYTHA). Section 4006.8 of 9 NYCRR would be amended as follows: 4. COSTS: § 4006.8. Safety vests. (a) Costs to the regulated parties for the implementation of and continu- (a) Every person mounted on [No jockey, apprentice jockey, or exercise ing compliance with these rules: Most jockeys and exercise riders are al- rider, pony person or outrider shall participate in any race, train, exercise, ready using helmets and vests that meet the newer, approved industry or pony any] horseback on [such] the grounds [conducted by any associa- standards. The other persons (e.g., trainers) whom the amendments would tion or corporation licensed or franchised by the commission to conduct require on the grounds of a track to wear such helmets and vests are al- thoroughbred race meetings unless he or she wears a] of a racetrack shall ready using them. wear a properly fastened safety vest. The only costs will be the cost to replace helmets or vests that are (b) [Such safety vest] Each safety vest shall weigh no more than [two] outdated and do not meet at least one of the newer industry product four pounds and [shall be designed to] provide a minimum level of shock standards. The riders with outdated equipment at NYRA race meetings, absorbing protection to the upper body[,] as evidenced by a label [with at where the horsemen’s organization is offering $150 to assist riders to least a rating of British Equestrian Trade Association (BETA) [2000/2009 purchase new equipment, is estimated by the stewards to be about 50 to Level 1] indicating compliance with one or more of the following product 100 persons. The jockeys and trainers at Finger Lakes Race Track (FLRT), standards or with a standard that in the judgment of the [stewards] execu- the other Thoroughbred track in New York, have the newer equipment. tive director of the commission or his or her designee is comparable or FLRT is contributing $100 to help pay for a new vest, and the stewards superior: estimate that 10 persons (exercise riders) do not have newer helmets or

6 NYS Register/January 2, 2019 Rule Making Activities vests. The average cost for an approved helmet and vest is $500 ($300 and the regulations. Sections 4047.3 sets forth that an annual inspection is $200, respectively). This cost ranges, respectively, from $100 and $160 required. 4047.4 set forth the general maintenance, health, sanitary and for less comfortable models to $1000 and $550 for advanced products. safety obligations an association providing backstretch housing must meet. There will be no new costs for the outriders and starting gate crews, Section 4047.5 sets forth specific housing standards for buildings, rooms who are employed by the Thoroughbred tracks, because the tracks have al- and dining facilities provided by associations. Section 4047.6 establishes ready upgraded their employees’ equipment to the new safety standards. notice and building requirements for new construction. Section 4047.7 The amendments would not add other mandated costs to the existing rules. sets forth requirements for bathroom and shower facilities. Section 4047.8 (b) Costs to the regulating agency, the State, and local governments for establishes requirements for laundry facilities. Section 4047.9 sets forth the implementation of and continued administration of the rule: There will the standards for trash and refuse storage. Section 4047.10 requires abate- be no costs to local governments because they do not regulate pari-mutuel ment of pests and notice thereof. Section 4047.11 establishes responsibili- racing activities. There will be no new costs to the Gaming Commission, ties of backstretch housing occupants. Section 4047.12 establishes require- which already monitors that proper equipment is used. All races are viewed ments for backstretch water supply. Section 4047.13 set forth requirements by the stewards who can see what equipment is being used by the gate for an association to receive a variance or waiver. crew and the persons mounted on horses. The state steward is also able to Text of proposed rule and any required statements and analyses may be conduct inspections of the equipment of all such persons, including when obtained from: Kristen Buckley, New York State Gaming Commission, training, whose equipment can be readily produced and examined. One Broadway Center, Suite 500, Schenectady, New York, (518) 388- (c) The information, including the source or sources of such informa- 3332, email: [email protected] tion, and methodology upon which the cost analysis is based: The average Data, views or arguments may be submitted to: Same as above. cost of compliant helmets and vests is known from the recent program conducted by horsemen’s organizations to assist all riders to update their Public comment will be received until: 60 days after publication of this equipment. The range of costs is known through an internet search of notice. available products online. This rule was not under consideration at the time this agency submitted 5. LOCAL GOVERNMENT: None. The Commission is the only its Regulatory Agenda for publication in the Register. governmental entity authorized to regulate pari-mutuel horse racing Regulatory Impact Statement activities. 1. STATUTORY AUTHORITY: Racing, Pari-Mutuel Wagering and 6. PAPERWORK: There will be no additional paperwork. Breeding Law (“Racing Law”) section 104(19) grants authority to the 7. DUPLICATION: None. Gaming Commission (“Commission”) to promulgate rules and regulations 8. ALTERNATIVES: The Commission considered not amending its that it deems necessary to carry out its responsibilities. current rules. Adopting this proposal, however, provides an assurance to Racing Law section 103(2) sets forth that the Commission is responsible insurance providers that the stewards are requiring helmets and vests that to supervise, regulate, and administer all horse racing and pari-mutuel wa- meet current product standards in the industry, that any person mounted gering activities in the State. on a horse on the grounds of a Thoroughbred track will be wearing such a Racing Law section 104(1) confers upon the Commission general juris- helmet and vest, and that the starting gate crew will be wearing such diction over all such gaming activities within the State and over the helmets. corporations, associations and persons engaged in such activities. 9. FEDERAL STANDARDS: None. 2. LEGISLATIVE OBJECTIVES: The Commission is charged with 10. COMPLIANCE SCHEDULE: Once adopted, the rule can be enhancing the integrity and safety of thoroughbred and standardbred rac- implemented as soon as it is published in the State Register. ing, which extends to the health, wellness and safety of individuals Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job employed at and residing within racing facilities. Impact Statement 3. NEEDS AND BENEFITS: The proposed rules establish specific stan- This proposal does not require a Regulatory Flexibility Analysis for Small dards for housing, sanitary and dining facilities at racing entities. Cur- Businesses, and Local Governments, Rural Area Flexibility Statement or rently there is a broad variance in the habitability of backstretch housing, Job Impact Statement since the amendment conforms the Commission’s with some facilities in a state of general disrepair. These rules will require equipment rule for safety helmets and vests to what a majority of jockeys, that housing be habitable and safe, access to sanitary facilities be present and the Commission be notified regularly of the housing and related pony and other riders, and safety gate crews are already using at the New facilities. York State Thoroughbred tracks. In addition, this rule does not affect small These rules will benefit the backstretch workers who reside at a track business, local governments, jobs or rural areas. Further, this proposal will facility and help ensure that racing in New York state is of the highest not impose an adverse economic impact or reporting, record keeping or caliber by addressing housing and sanitary conditions. The rules specifi- other compliance requirements on small businesses in rural or urban areas cally define what constitutes adequate housing, from the type of building nor on employment opportunities. Due to the straightforward nature of the materials, dimensions, ventilation, electrical supply and wiring, plumbing rulemaking, there is no need for the development of a small business capabilities and the minimum quality standards for water used in such regulation guide to assist in compliance. These provisions are clear as to plumbing, number of points of egress from a housing facility and the what the permissible equipment is and what is necessary to comply with quantity and type of smoke detectors and fire extinguishers that must be the rule. present in the home. The rules further define what constitutes sanitary conditions, both within a home and exterior areas, as to prevent standing PROPOSED RULE MAKING water or other public health hazards. NO HEARING(S) SCHEDULED 4. COSTS: (a) Costs to the regulated parties for the implementation of and continuing compliance with these rules: The Commission does not have data to Standards for Backstretch Housing and Related Facilities precisely identify the impact of this proposed rule on race facilities that I.D. No. SGC-01-19-00018-P will need to improve housing, sanitary and dining facilities. (b) Costs to the regulating agency, the State, and local governments for the implementation of and continued administration of the rule: There is PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- no additional anticipated cost, but should the Commission procure persons cedure Act, NOTICE is hereby given of the following proposed rule: to conduct the inspections required by proposed section 4047.3, there Proposed Action: Addition of Part 4047 to Title 9 NYCRR. would be a cost to retain such persons for such task. Statutory authority: Racing, Pari-Mutuel Wagering and Breeding Law, (c) The information, including the source or sources of such informa- section 104(1) and (19) tion, and methodology upon which the cost analysis is based: The cost estimates are based on the Commission’s experience regulating racing Subject: Standards for backstretch housing and related facilities. activities within the State and in consultation with other racing jurisdic- Purpose: To create minimum standards for housing and related facilities tions that have such standards in place. offered to backstretch workers by racing associations. 5. LOCAL GOVERNMENT MANDATES: There are no local govern- Substance of proposed rule (Full text is posted at the following State ment mandates associated with these rules. website: https://www.gaming.ny.gov/proposed rules.php): The addition 6. PAPERWORK: The rules impose paperwork burdens on a racing as- of Part 4047 of Subtitle T of Title 9 NYCRR will allow the New York sociation to submit documentation in relation to the inspection of housing; State Gaming Commission (“Commission”) to set forth standards for injury, serious illness, death of a housing tenant; occurrence of a fire at the housing maintained on the grounds of certain facilities conducting horse housing; renovation of existing housing or construction of new housing, racing. dining or sanitary facilities; annual inspection and action taken regarding Section 4047.1 sets forth the definitions used throughout the Part. Sec- pest control; water treatment; interruptions or changes to water source; tion 4047.2 establishes the requirements for an association to be subject to and any request for variance or waiver of regulatory requirements.

7 Rule Making Activities NYS Register/January 2, 2019

7. DUPLICATION: These rules do not duplicate, overlap or conflict with any existing State or federal requirements. Niagara Falls Water Board 8. ALTERNATIVES: The Commission consulted stakeholders and reviewed other racing jurisdiction best practices and regulations. Alterna- tives were discussed and considered with stakeholders and compared to EMERGENCY/PROPOSED other jurisdiction regulations. These included the frequency of notifica- RULE MAKING tions required by the Commission, the types of notification and documen- NO HEARING(S) SCHEDULED tation required to be provided to the Commission. Adoption of Rates, Fees, and Charges 9. FEDERAL STANDARDS: There are no federal standards applicable to the housing requirements of backstretch workers. I.D. No. NFW-01-19-00019-EP Filing No. 1182 10. COMPLIANCE SCHEDULE: The Commission anticipates that the Filing Date: 2018-12-18 affected parties will be able to achieve compliance with these rules upon Effective Date: 2019-01-01 adoption. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job cedure Act, NOTICE is hereby given of the following action: Impact Statement Proposed Action: Amendment of section 1950.20 of Title 21 NYCRR. This proposal does not require a Regulatory Flexibility Statement, Rural Statutory authority: Public Authorities Law, section 1230-j Area Flexibility Statement or Job Impact Statement because the New York Finding of necessity for emergency rule: Preservation of public health, State horse racing tracks already provide backstretch housing. In addition, public safety and general welfare. this rule does not affect small business, local governments, jobs or rural Specific reasons underlying the finding of necessity: The Niagara Falls areas. Further, this proposal will not impose an adverse economic impact Water Board recently considered estimates for its expenses and revenues on reporting, record keeping or other compliance requirements on small for fiscal year 2019 commencing on January 1, 2019 and ending on businesses in rural or urban areas nor on employment opportunities. Due December 31, 2019. As part of this consideration, the Board recognized an to the straightforward nature of the rulemaking, there is no need for the increase in expenses of operations and a projection of revenues from its development of a small business regulation guide to assist in compliance. existing ratepayers in the City of Niagara Falls and related service area. In addition, the Board considered its debt service and its covenants with its These provisions are clear as to what the permissible equipment is and bondholders with respect to bonds that were issued as of the acquisition what is necessary to comply with the rule. date. In order to maintain the Board on a sound financial status with suf- ficient resources to provide necessary water and wastewater services to all persons who use the System, the Board adopted an increase in the schedule of rates, fees, and charges. Department of Motor Vehicles Subject: Adoption of Rates, Fees, and Charges. Purpose: To pay for increased costs necessary to operate, maintain, and manage the system, and to meet covenants with the bondholders. NOTICE OF ADOPTION Text of emergency/proposed rule: Section 1950.20. Schedule of rates, fees and charges. FOIL - Denials to Access of Records (a) This schedule sets forth the rates, fees and other charges applicable to the provision of water supply, wastewater and related services by the I.D. No. MTV-42-18-00004-A Niagara Falls Water Board to all property owners, users and other persons Filing No. 1178 as of January 1, [2018] 2019. All property owners, users and other persons Filing Date: 2018-12-18 who receive services from the water board shall pay to the water board the rates, fees and charges set forth in this schedule. Effective Date: 2019-01-02 (b) the following rates shall be charged and collected for the use of water within the city, supplied by the water board as hereby fixed and established: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- First 20,000 cu. ft. per quarter, [$3.35] $3.42 per 100 cu. ft. Next succeeding 60,000 cu. ft. per quarter, [$2.90] $2.96 per 100 cu. ft. cedure Act, NOTICE is hereby given of the following action: Next succeeding 120,000 cu. ft. per quarter, [$2.46] $2.51 per 100 cu. ft. Action taken: Amendment of section 160.7(a) of Title 15 NYCRR. Over 200,000 cu. ft. per quarter, [$2.04] $2.08 per 100 cu. ft. The minimum charge for water consumed in any premises within the Statutory authority: Vehicle and Traffic Law, section 215(a); Public Of- city for any quarter or portion thereof shall not be less than [$43.53] ficers Law, sections 87(1)(b) and 89(4) $44.40. (c) The following rates shall be charged and collected for the use of water outside the city for residential and commercial purposes supplied by Subject: FOIL - denials to access of records. the water board as hereby fixed and established: First 20,000 cu. ft. per quarter, [$8.95] $9.13 per 100 cu. ft. Purpose: To permit the Commissioner to designate another person to hear Next 60,000 cu. ft. per quarter, [$7.81] $7.97 per 100 cu. ft. FOIL appeals other than the Chair of the Appeals Board. Next succeeding 120,000 cu. ft. per quarter, [$6.51] $6.64 per 100 cu. ft. Text or summary was published in the October 17, 2018 issue of the Reg- Over 200,000 cu. ft. per quarter, [$5.48] $5.59 per 100 cu. ft. The minimum charge for water consumed in any premises located ister, I.D. No. MTV-42-18-00004-P. outside the city for domestic purposes for any quarter or portion thereof shall not be less than [$116.35] $118.68. Final rule as compared with last published rule: No changes. (d) Water used for testing fire hoses, filling tanks, swimming pools, testing sprinkler systems, and like use shall be billed at the highest residential Text of rule and any required statements and analyses may be obtained unit rate enumerated in subdivision (b) of this section. The amount used from: Heidi A. Bazicki, Department of Motor Vehicles, 6 Empire State may be either estimated in accordance with the size of the pipe through Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: which taken at the pressure furnished, or determined by the use of a [email protected] temporary meter rented to the user by the water board. The use of the lat- ter method shall be at the discretion of the director and may require a refundable deposit. Assessment of Public Comment (e) Use of hydrant for any purpose whatsoever shall be subject to a The agency received no public comment. rental charge of $1.50 per day or partial day.

8 NYS Register/January 2, 2019 Rule Making Activities

(f) The cost of hydrant use will include a fee of $35.00 for backflow de- Minimum charge per quarter: [$154.42] $157.51 with a usage allow- vice certification, payable at the time of hydrant use application. In addi- ance of up to 1,300 cubic feet tion, daily hydrant and meter rental rates and security deposit amounts Additional usage in excess of 1,300: [$11.87] $12.11 per 100 cubic feet shall be established by the director based upon the real cost to the water board. (2) SIU. (g) In addition to the above schedule rates for water consumed there (i) Conventional pollutant parameter charges. Sewer rates for the shall be assessed a demand charge for each user’s meter as set forth below. SIU class each quarter are based on measured quantities of the actual discharge parameters: flow, suspended solids and soluble organic carbon. Size and Type Charge Per quarter Such determination shall be made by the water board and shall be based Under 1 Disc $3.70 upon five representative 24-hour composite samples taken quarterly, at such locations as are adequate to provide proper representation. The sched- 1 Disc $25.00 ule of charges for conventional pollutant parameters shall be as follows: 1½ Disc $30.00 SCHEDULE II 2 Disc $40.00 2 Compound $40.00 Pollutant Parameters Rate 3 Compound $50.00 Flow [$3,117.56] $3,179.91 4 Compound $100.00 per million gallons 6 Compound $220.00 Suspended Solids [$1.00] $1.02 per pound 8 Compound $250.00 Soluble Organic Carbon [$1.73] $1.76 per pound 10 Compound $275.00 (ii) Substances of concern parameter charges. SIU’s, who have 12 Compound $400.00 wastewater discharge permits which limit any substance of concern listed in Schedule III contained in this subparagraph, will be billed for discharge (h) The rates set forth in this section, however, shall not apply to any of these substances based on the unit rates shown in Schedule III. Dis- user of water with whom there is now outstanding a valid and binding charge loading for billing purposes shall be determined by arithmetic aver- contract with the city and/or water board to supply water at a rate different than the rates stated in this schedule, or to users obtaining water service age of the last six acceptable self-monitoring results. At the option of the from the Village of LaSalle prior to May 4, 1927. SIU, increased self-monitoring can be performed. For billing purposes, (i) In the event the water board or the director terminates water supply when six or more acceptable results are obtained over the three month bill- service to any property owner or user, such property owner, user or users ing period, all such results shall be used in the computation of the arithme- located at such property shall pay a reactivation fee in the amount of tic average, with a requirement that there be at least two sample results for $75.00 to the water board prior to the supply of water. each month. Average discharge loadings will then be multiplied by the (j) There shall be small meter testing charge of $100.00 for the bench corresponding unit rates from Schedule III to obtain total charges per testing of any meter less than two inches in size. quarter for each substance of concern listed in the SIU’s wastewater dis- (k) An account reactivation charge of $100.00 shall be applied when- charge permit. All substances of concern charges will be added to the ever a meter is re-installed and an account reactivated. charges for conventional parameters, as specified in subparagraph (i) of (l) The water board shall charge a $25.00 final read fee for all owner this paragraph, to computer the total quarterly sewer rate. requested meter reads. (m) A hydrant flow test charge shall be applied whenever an owner, SCHEDULE III user or his agent requests a hydrant flow test. SUBSTANCES OF CONCERN UNIT CHARGES (n) The annual availability charge for private fire protection service shall be: Parameters Unit Rate $350.92 Diameter of Service Annual Fee Benzene [$344.04] per Connection pound $62.49 2 or less $66.00 Chloroform [$61.26] per pound 3 $95.00 Dichloroethylenes [$374.33] $381.82 per 4 $168.00 pound 6 $380.00 Toluene [$16.59] $16.92 per 8 $670.00 pound 10 $1,050.00 Trichloroethanes [$77.79] $79.35 per pound 12 $1,510.00 Trichloroethylene [$99.28] $101.27 per (o) A backflow submittal fee of $25.00 shall be charged for all backflow pound plans submitted to the water board for approval and forwarding to the Vinyl Chloride [$49.70] $50.69 per State Health Department. pound (p) There shall be a $120.00 inspection fee for each request for a cross- connection inspection. Monochlorotoluenes [$3.36] $3.43 per pound (q) In addition to the above rates, fees and charges, the following rates Tetrachloroethylene [$46.35] $47.28 per shall apply to all users with respect to sewer or wastewater services pound prescribed in the water board’s wastewater regulations in Part 1960 of this Total Phenols [$7.57] $7.72 per pound Title. There shall be two user classes as provided in Part 1960 of this title, to wit: commercial/small industrial/residential users (CSIRU) and signifi- (iii) Billing. SIU charges shall be billed on a monthly basis by the cant industrial users (SIU). water board. The first and second monthly billings in each quarter shall be (1) CSIRU. Sewer rates for the CSIRU class are determined by total estimated and shall be one-third of the total billing in the immediately pre- metered water consumption in each quarter. The schedule of quarterly ceding quarter. The third monthly bill in each quarter shall be based upon charges for the CSIRU class shall be as follows: actual discharge quantities for that quarter and shall reflect adjustments for SCHEDULE I the estimated billings in that quarter. Minimum charge per quarter: [$57.64] $58.79 with a usage allowance (r) Unless the context specifically indicates otherwise, all terms of up to 1,300 cubic feet contained herein shall have the meanings set forth in the regulations Additional usage in excess of 1,300: [$4.43] $7.97 per 100 cubic feet adopted by the water board in this Part and Part 1960 of this Title, as The following rates shall be charged and collected for the use of sewer applicable. outside the city for residential and commercial purposes as determined by This notice is intended: to serve as both a notice of emergency adoption total metered water consumption per quarter. The schedule of quarterly and a notice of proposed rule making. The emergency rule will expire charges for the users outside the city shall be as follows: March 17, 2019.

9 Rule Making Activities NYS Register/January 2, 2019

Text of rule and any required statements and analyses may be obtained Subdivision (k) of Section 1159.3 is hereby amended as follows: from: Sean W. Costello, General Counsel and Secretary, Niagara Falls (k) Emergency. Danger or threat of harm to life, health, safety, environ- Water Board, 5815 Buffalo Avenue, Niagara Falls, NY 14304, ment or property which requires immediate preventative action; provided, 7162839770, email:[email protected]. that an emergency procurement shall be made with such competition as is Data, views or arguments may be submitted to: Same as above. practicable under the circumstances and a written determination of the basis for the emergency and for the selection of the particular contractor Public comment will be received until: 60 days after publication of this shall be included in the procurement file. Emergency is a subcategory of notice. “Sole Source.” Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Subsections (m) through (aa) of Section 1159.3 are hereby renumbered Area Flexibility Analysis and Job Impact Statement to be subsections (n) through (ab). Statements and analyses are not submitted with this notice because the A new subsection (m) is hereby added to Section 1159.3 as follows: amended rule is within the definition contained in section 102(2)(a)(ii) of (m) Expediency. Prospect of an outcomes not in the “best interest” of the State Administrative Procedure Act. the Authority arising from adherence to the means and method of the procurement prescribed herein or, alternatively, adherence to these Guidelines is impractical or inappropriate given all the existing circumstances, none of which were foreseeable or controllable by the Authority. Expediency is a subcategory of “Sole Source.” Niagara Frontier The preamble of subsection (u) of Section 1159.3 is hereby amended as follows: Transportation Authority (u) Procurement. The buying, purchasing, renting, leasing, or other acquisition by the Authority, of products, services, or Public Works, excepting: PROPOSED RULE MAKING Subsection (v) of Section 1159.3 is hereby amended as follows: NO HEARING(S) SCHEDULED (v) Product. Equipment, materials and supplies including, but not limited to, printing, insurance (except for health / welfare-related insur- Procurement Guidelines of the Niagara Frontier Transportation ance required under a collective bargaining agreement pursuant to which the Authority is bound) and leases of property excluding land or interests Authority and Niagara Frontier Transit Metro System, Inc. in land. I.D. No. NFT-01-19-00001-P Subsection (w) of Section 1159.3 is hereby amended as follows: (w) Public work. The construction, demolition, repair, rehabilitation, restoration or maintenance of any building, roadway, structure, fixture, fa- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cility or improvement owned by, or leased to, the Authority and the Author- cedure Act, NOTICE is hereby given of the following proposed rule: ity or Metro must be a party to the related contract. For the avoidance of Proposed Action: This is a consensus rule making to amend Part 1159 of doubt, a Public Work does not include the routine operation, repair, or Title 21 NYCRR. maintenance of any existing public structure, building, or real property. Statutory authority: Public Authorities Law, section 1299-t Subsection (z) of Section 1159.3 is hereby amended as follows: (z) Responsible. A potential contractor is responsible if it can demon- Subject: Procurement Guidelines of the Niagara Frontier Transportation strate that it has the capability to perform fully and successfully under the Authority and Niagara Frontier Transit Metro System, Inc. terms of the proposed contract, taking into account the offeror’s technical Purpose: To amend Procurement Guidelines to reflect changes in law, and financial capability, and the integrity and reliability necessary to clarifying provisions and change in signing authority level. ensure good faith performance. Substance of proposed rule (Full text is posted at the following State Subsections (ac) through (an) of Section 1159.3 are hereby renumbered website: www.nfta.com): The title of Part 1159 is hereby amended as to be subsections (ad) through (ao). follows: A new subsection (ac) is hereby added to Section 1159.3 amended as PROCUREMENTGUIDELINESOFTHENIAGARAFRONTIER follows: TRANSPORTATION AUTHORITY, AND NIAGARA FRONTIER (ac) Service-disabled veteran-owned small business. A business that is TRANSIT METRO SYSTEM, INC. All references to “the NFTA” at least fifty-one percent (51%) owned and controlled by a service-disabled contained in Part 1159 are hereby deleted and replaced with “the veteran, and the daily management operations of such business are con- Authority”. trolled by a service-disabled veteran or caregiver of a service-disabled All references to “public work” contained in Part 1159 are hereby veteran, such business must be a “small business,” as defined by the Small deleted and replaced with “Public Work”. Business Administration. All references to “public works” contained in Part 1159 are hereby Subsection (ah) of Section 1159.3 is hereby amended as follows: deleted and replaced with “Public Works”. (ah) Small purchase informal bidding. A small purchases method of Section 1159.1 is hereby amended as follows: procuring goods or services under $ 50,000.00, based upon competitive Scope. Set forth herein are comprehensive guidelines established for selection which may be made on the basis of written or telephonic quotes the purpose of governing the procurement of goods and services by the and in accordance with the guidelines set forth in Article 15(C); provided, Niagara Frontier Transportation Authority, and Niagara Frontier Transit however, that procurement requirements shall not be artificially divided in Metro System, Inc. (together, the Authority). The Greater Buffalo-Niagara order to constitute a small purchase. Regional Transportation Council (‘‘GBNRTC’’) and the Niagara Interna- Subsection (ai) of Section 1159.3 is hereby amended as follows: tional Transportation Technology Coalition (‘‘NITTEC’’), for which the (ai) Sole source. A general category of awards where competition is Authority serves in a limited capacity as “host agency,” has agreed to waivable, or is not feasible under the circumstances, as determined by the procure goods and services consistent with these guidelines. Procurement Department and authorized by the Executive Director. The Clause (1) of subsection (a) of Section 1159.3 is hereby amended as included subcategories are: single bid; exigency; expedience, and single follows: source. (1) The publication of a Notice of Procurement Opportunity in any of The beginning of subsection (a) of Section 1159.4 is hereby amended as the following forums, as is appropriate: newspapers of general circulation follows: in Erie and Niagara Counties; regional, state, national and international Board approval is required for each of the following: trade journals and magazines; newsletters, MBE/WBE/DBE/SDVOB Clause (1) of subsection (a) of Section 1159.4 is hereby amended as publications that may exist from time to time and the authority website. follows: Subsection (e) of Section 1159.3 is hereby amended as follows: (1) All Contracts for Goods or Services in the actual or estimated value (e) Contract for goods or services. Any authorized written agreement; of One Hundred Thousand Dollars ($100,000.00) or more; and including contracts, purchase orders, letter agreements or memoranda of Subsection (e) of Section 1159.4 is hereby amended to add the follow- understanding, which creates a mutually binding legal relationship, which ing language immediately after the first paragraph thereof: obligates the seller to furnish (or dispose of) products services or Public Generally, projects for construction, reconstruction, or maintenance Works, and the buyer to pay for same. done on behalf of a public entity involving the employment of laborers, Subsection (f) of Section 1159.3 is hereby amended as follows: workers or mechanics are Public Works. In instances where there is a ques- (f) Contractor. Any individual (or group of individuals), business, firm, tion regarding whether this condition exists, the Bureau of Public Work union, club, organization, or other entity obligated to sell, furnish, provide will make a determination based on the particular project details. or render goods or services to the Authority pursuant to a contract includ- Generally, agreements between a contractor and a public entity in which ing sellers, consultants, vendors, suppliers and construction contractors. the principal purpose is to furnish services through the use of “building

10 NYS Register/January 2, 2019 Rule Making Activities service employees” are subject to prevailing wage rates. A “building ser- portunities for Service-Disabled Veteran-Owned Businesses, with which vice employee” includes, but is not limited to, a building cleaner, janitor, the NFTA is legally required to comply, (ii) reflecting an immaterial gardener, groundskeeper, window cleaner, and occupations relating to the increase in the purchasing authority of certain members of management, collection of garbage or refuse, and to the transportation office furniture (iii) making conforming changes for purposes of consistency throughout and equipment, and the transportation and delivery of fossil fuel. the rule and (iv) making clarifying changes that are expected to be benefi- The first paragraph of clause (3) of subsection (o) of Section 1159.4 is hereby amended as follows: cial to individuals who participate in the NFTA contracting and procure- (3) Informal bidding. Contracts for goods or services for (i) less than ment processes. In addition, the changes made to the referenced rule are One Hundred Thousand Dollars ($100,000) may be awarded by the Exec- not expected to adversely impact jobs or employment opportunities, nor utive Director, or, his/ her designee; provided, however, that if such are they expected to adversely impact any business or industry that contract is a GBNRTC or NITTEC contract, it shall first be approved by participates, or is eligible to participate, in the NFTA contracting and/or its Board of Directors, or (ii) less than Ten Thousand Dollars ($10,000) procurement processes. may be awarded by the General Counsel, the Chief Financial Officer, any Job Impact Statement General Manager or Director, the Executive Director of the GBNRTC or 1. Nature of impact: the Executive Director of NITTEC, or their respective designee (note, that The Niagara Frontier Transportation Authority and Niagara Frontier any such delegation must be in writing), upon satisfaction of the following Transit Metro System, Inc. (together, the NFTA) are amending 21 NYCRR minimum requirements: Part 1159, Sections 1159.1, 1159.3, 1159.4 and 1159.5 in order to (i) The title of subsection (s) of Section 1159.4 is hereby amended as memorialize recent changes in related law with respect to contracting op- follows: portunities for Service-Disabled Veteran-Owned Businesses, with which Disadvantaged business enterprises / minority and women business the NFTA is legally required to comply, (ii) reflect an increase in the enterprises / service-disabled disabled veteran-owned business. purchasing authority of ce11ain members of management, (iii) make Clause (2) of subsection (s) of Section 1159.4 is hereby amended as conforming changes for purposes of consistency and (iv) make clarifying follows: changes that are expected to be beneficial to individuals who participate in An updated list of all DBE certified firms in New York State may be the NFTA contract and procurement processes. obtained from the New York State Unified Certification Program website The changes to the referenced regulation are not expected to adversely at www.biznet.nysucp.net. A directory of MWBE certified firms may be impact jobs or employment opp011unities as the overall level of NFTA obtained from the New York State MWBE website at contracting and procurement opportunities will not be adversely impacted www.nylovesmwbe.ny.gov. A list of all SDVOB certified firms in New by the changes made. York State may be obtained from the New York State Office of General 2. Categories and numbers affected: Services website at www.ogs.ny.gov/Core/SDVOBA.asp. The Procure- The changes made to the referenced regulation are not expected to ment Department shall be responsible for referencing such lists prior to adversely impact any business or industry that participates, or is eligible to the publication of a notice of procurement opportunity or information so- participate in, the NFTA contracting and procurement processes. The licitation to determine the availability of certified DBE, MBE, WBE and changes are not expected to result in any competitive disadvantage to any SDVOB entities. business or industry that participates in the NFTA contracting and procure- Subsection (ab) of Section 1159.4 is hereby renumbered to be new ment processes. In fact, certain changes made may result in an increase in subsection (ao) of Section 1159.3. NFTA contracting and procurement opportunities for Service-Disabled Subsection (ac) of Section 1159.4 is hereby renumbered to be new Veteran-Owned Businesses. subsection (ap) of Section 1159.3. 3. Regions of adverse impact: Subsections (ad) through (af) of Section 1159.4 are hereby renumbered No region of New York State is expected to be adversely impacted by to be subsections (ab) through (ad) of Section 1159.4. the changes made to the referenced regulation. Clause (2) of subsection (af) of Section 1159.4 is hereby amended as 4. Minimizing adverse impact: follows: The changes made to the referenced regulation are not expected to The Authority may purchase surplus and second-hand supplies, materi- adversely impact any business or industry that participates, or is eligible to als or equipment from the Federal Government, the State of New York or participate, in the NFTA contracting and/or procurement processes as the any political subdivision, municipality or district without advertising or changes made apply to all businesses and industries equally and compli- the solicitation of bids, proposals or quotations; however, purchases ance is not expected to impose additional costs on any business or industry involving an expenditure of One Hundred Thousand Dollars ($100,000) or that participates, or is eligible to participate in the NFTA contracting/or more shall require Board approval. procurement processes. The first paragraph of subsection (a) of Section 1159.5 is hereby 5. Self-employment opportunities: amended as follows: The NFTA is currently unaware of any adverse impact on self- In addition to the requirements imposed by (i) Sections 73 and 74 of the employment as a result of the ci1anges made to the referenced regulation. New York Public Officers Law, which govern outside business/ professional activities and conflicts of interest, respectively, and apply to all employees of the Authority, (ii) Authority Policy 01-01-04 (Code of Ethics) and (iii) the Board of Commissioners Code of Ethics, the Author- ity will assure that ethical conduct is maintained by adhering to the fol- Public Service Commission lowing requirements: Clause 2 of subsection (b) of Section 1159.5 is hereby amended as follows: NOTICE OF ADOPTION 2. Post-Bid/Proposal Opening Protests. A protest to the acceptance or rejection of any or all offers or bids to a contract, or to the award thereof, Petition on Alternative Method for Calculating Billing or to any such action proposed or intended by the Authority must be Adjustments received in writing by the Executive Director no later than five (5) business days after the protesting party first learned, or reasonably ought to I.D. No. PSC-24-17-00014-A have learned, of the required Board action or, if the Board action is not Filing Date: 2018-12-14 required, any proposed or intended action to which he/she protests. Effective Date: 2018-12-14 All references to “Metro” contained in subsection (g) of Section 1159.5 are hereby deleted and replaced with “NFTA and/or Metro”. Text of proposed rule and any required statements and analyses may be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- obtained from: Michelle Maniccia, Esq., Niagara Frontier Transportation cedure Act, NOTICE is hereby given of the following action: Authority, 181 Ellicott Street, Buffalo, New York 14203, (716) 855-7300, Action taken: On 12/13/18, the PSC adopted an order denying UtiliSave, email: [email protected] LLC’s (UtiliSave) petition requesting that Consolidated Edison Company Data, views or arguments may be submitted to: Same as above. of New York, Inc. (Con Edison) be directed to adopt the alternative method Public comment will be received until: 60 days after publication of this for calculating billing adjustments. notice. Statutory authority: Public Service Law, sections 5(1), 39(1) and 66(1) Consensus Rule Making Determination Subject: Petition on alternative method for calculating billing adjustments. No person is likely to object to the adoption of the rule, as written, because Purpose: To deny UtiliSave’s petition requesting Con Edison to adopt the the changes made are technical in nature and limited to (i) memorializing alternative method for calculating billing adjustments. recent changes in the law with respect to contracting and procurement op- Substance of final rule: The Commission, on December 13, 2018, adopted

11 Rule Making Activities NYS Register/January 2, 2019 an order denying UtiliSave, LLC’s petition, on behalf of New York Pres- Subject: Minor rate filing for increase in annual revenues. byterian Hospital, requesting that Consolidated Edison Company of New Purpose: To approve Hudson Valley Water’s minor rate filing for an York, Inc. (Con Edison) be directed to adopt the alternative method for calculating billing adjustments, subject to the terms and conditions set increase in annual revenues. forth in the order. Substance of final rule: The Commission, on December 13, 2018, adopted Final rule as compared with last published rule: No changes. an order approving, with modifications, Hudson Valley Water Companies, Text of rule may be obtained from: John Pitucci, Public Service Commis- Inc.’s (Hudson Valley Water) minor rate filing to increase its annual sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- revenues by $21,299 or 11.5%. The tariff amendments filed by Hudson 2655, email: [email protected] An IRS employer ID no. or social Valley Water and listed in Appendix A are authorized to become effective, security no. is required from firms or persons to be billed 25 cents per on not less than three days’ notice, on January 1, 2019, provided that the page. Please use tracking number found on last line of notice in requests. Company files further tariff revisions establishing the authorized rates Assessment of Public Comment consistent with the discussion in the body of this Order and the rates shown An assessment of public comment is not submitted with this notice because in Appendices F and G, subject to the terms and conditions set forth in the the rule is within the definition contained in section 102(2)(a)(ii) of the order. State Administrative Procedure Act. Final rule as compared with last published rule: No changes. (17-M-0244SA1) Text of rule may be obtained from: John Pitucci, Public Service Commis- NOTICE OF ADOPTION sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social Minor Rate Filing for Increase in Annual Revenues security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. I.D. No. PSC-04-18-00003-A Assessment of Public Comment Filing Date: 2018-12-17 An assessment of public comment is not submitted with this notice because Effective Date: 2018-12-17 the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (18-W-0310SA1) cedure Act, NOTICE is hereby given of the following action: Action taken: On 12/13/18, the PSC adopted an order directing Mohawk NOTICE OF ADOPTION Municipal Commission (MMC) to file a cancellation supplement for its tariff and revise the tariff to increase annual revenues by $122,568, effec- Energy Storage Deployment tive January 1, 2019. I.D. No. PSC-28-18-00006-A Statutory authority: Public Service Law, sections 65 and 66 Filing Date: 2018-12-13 Subject: Minor rate filing for increase in annual revenues. Purpose: To direct MMC to file a cancellation supplement for its tariff Effective Date: 2018-12-13 and revise the tariff to increase annual revenues. Substance of final rule: The Commission, on December 13, 2018, adopted PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- an order directing Mohawk Municipal Commission (MMC) to file a cedure Act, NOTICE is hereby given of the following action: cancellation supplement, effective on not less than one day’s notice, on or Action taken: On 12/13/18, the PSC adopted an order establishing an before December 27, 2018, cancelling the tariff amendments to its electric energy storage goal and deployment policy. tariff schedule, P.S.C. No. 2 – Electricity, and supporting documents (Rate Application or Filing), proposing to increase its annual revenues, listed in Statutory authority: Public Service Law, sections 5, 65, 66 and 74 Appendix A. MMC is directed to file by December 28, 2018, to become Subject: Energy storage deployment. effective on January 1, 2019, further tariff revisions establishing the ap- Purpose: To adopt an order establishing an energy storage goal and proved rates, increasing its annual electric revenues by $122,568, as shown deployment policy. in Appendix D and any other tariff changes consistent with the discussion in the body of this Order, subject to the terms and conditions set forth in Substance of final rule: The Commission, on December 13, 2018, adopted the order. an order establishing an energy storage goal and deployment policy. Final rule as compared with last published rule: No changes. Central Hudson Gas & Electric Corporation (Central Hudson), Consoli- dated Edison Company of New York, Inc. (Con Edison), New York State Text of rule may be obtained from: John Pitucci, Public Service Commis- Electric & Gas Corporation (NYSEG), Niagara Mohawk Power Corpora- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social tion d/b/a National Grid (National Grid), Orange and Rockland Utilities, security no. is required from firms or persons to be billed 25 cents per Inc. (O&R), and Rochester Gas and Electric Corporation (RG&E) are page. Please use tracking number found on last line of notice in requests. directed to maintain consistent reporting of each energy storage project, whether standalone or paired, that shall adhere to the national energy stor- Assessment of Public Comment age metrics set forth in the body of this order. By February 11, 2019, An assessment of public comment is not submitted with this notice because Central Hudson, NYSEG, National Grid, O&R, and RG&E shall file an the rule is within the definition contained in section 102(2)(a)(ii) of the implementation plan detailing a competitive direct procurement process State Administrative Procedure Act. and the cost recovery accounting procedures to deploy 10 MW of quali- (17-E-0802SA1) fied energy storage systems. By February 11, 2019, Con Edison shall file an implementation plan detailing a competitive direct procurement pro- NOTICE OF ADOPTION cess to deploy 300 MW of qualified energy storage systems. Central Hudson, Con Edison, NYSEG, National Grid, O&R and RG&E shall Minor Rate Filing for Increase in Annual Revenues propose a system efficiency target that includes both peak reduction and load factor in the next major rate filing, subject to the terms and conditions I.D. No. PSC-23-18-00011-A set forth in the order. Filing Date: 2018-12-17 Final rule as compared with last published rule: No changes. Effective Date: 2018-12-17 Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 2655, email: [email protected] An IRS employer ID no. or social cedure Act, NOTICE is hereby given of the following action: security no. is required from firms or persons to be billed 25 cents per Action taken: On 12/13/18, the PSC adopted an order approving, with page. Please use tracking number found on last line of notice in requests. modifications, Hudson Valley Water Companies, Inc.’s (Hudson Valley Assessment of Public Comment Water) minor rate filing to increase its annual revenues by $21,299 or An assessment of public comment is not submitted with this notice because 11.5%. the rule is within the definition contained in section 102(2)(a)(ii) of the Statutory authority: Public Service Law, sections 4(1), 5(1)(f), 89-c(1), State Administrative Procedure Act. (3), (10)(a), (b) and (f) (18-E-0130SA1)

12 NYS Register/January 2, 2019 Rule Making Activities

NOTICE OF ADOPTION Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- Tariff Amendments 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per I.D. No. PSC-31-18-00013-A page. Please use tracking number found on last line of notice in requests. Filing Date: 2018-12-13 Assessment of Public Comment Effective Date: 2018-12-13 An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (18-M-0084SA1) cedure Act, NOTICE is hereby given of the following action: Action taken: On 12/13/18, the PSC adopted an order approving, with NOTICE OF ADOPTION modifications, Consolidated Edison Company of New York, Inc.’s (Con Edison) tariff amendments to P.S.C. No. 10—Electricity. Proposed Hybrid Energy Storage System Tariff Statutory authority: Public Service Law, sections 65 and 66 I.D. No. PSC-32-18-00017-A Subject: Tariff amendments. Filing Date: 2018-12-13 Purpose: To approve, with modifications, Con Edison’s tariff amendments to P.S.C. No. 10—Electricity. Effective Date: 2018-12-13 Substance of final rule: The Commission, on December 13, 2018, adopted an order approving, with modifications, Consolidated Edison Company of PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- New York, Inc.’s (Con Edison) tariff amendments to P.S.C. No. 10 – cedure Act, NOTICE is hereby given of the following action: Electricity, to establish an Innovative Pricing Pilot under new Riders Z Action taken: On 12/13/18, the PSC adopted an order accepting the Joint (Residential) and AA (Small Commercial), which implement rate struc- Utilities’ proposed Hybrid Energy Storage System Tariff, with tures for Residential/Religious and Small Commercial customers, modifications. respectively, in Staten Island, the County of Westchester and Brooklyn. The tariff amendments listed in Appendix A shall become effective on Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2), January 1, 2019, provided that Consolidated Edison Company of New (3), 66(2) and (5) York, Inc. files further revisions consistent with the discussion in the body Subject: Proposed Hybrid Energy Storage System Tariff. of this order on not less than five days’ notice to become effective on Janu- Purpose: To accept the Joint Utilities’ proposed Hybrid Energy Storage ary 1, 2019, subject to the terms and conditions set forth in the order. System Tariff, with modifications. Final rule as compared with last published rule: No changes. Substance of final rule: The Commission, on December 13, 2018, adopted Text of rule may be obtained from: John Pitucci, Public Service Commis- an order accepting Central Hudson Gas & Electric Corporation, Consoli- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- dated Edison Company of New York, Inc., New York State Electric & Gas 2655, email: [email protected] An IRS employer ID no. or social Corporation, Niagara Mohawk Power Corporation d/b/a National Grid, security no. is required from firms or persons to be billed 25 cents per Orange and Rockland Utilities, Inc., and Rochester Gas and Electric page. Please use tracking number found on last line of notice in requests. Corporation’s (Joint Utilities) proposed Hybrid Energy Storage System Assessment of Public Comment Tariff, with modifications. Each of the Joint Utilities are directed to file tariff amendments, incorporating the Value Stack compensation for a An assessment of public comment is not submitted with this notice because Hybrid Facility as discussed in Appendix A and in conformance with the the rule is within the definition contained in section 102(2)(a)(ii) of the body of this Order, on no less than 5 days’ notice to become effective State Administrative Procedure Act. January 1, 2019, subject to the terms and conditions set forth in the order. (18-E-0397SA1) Final rule as compared with last published rule: No changes. NOTICE OF ADOPTION Text of rule may be obtained from: John Pitucci, Public Service Commis- sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- Energy Efficiency 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per I.D. No. PSC-32-18-00013-A page. Please use tracking number found on last line of notice in requests. Filing Date: 2018-12-13 Assessment of Public Comment Effective Date: 2018-12-13 An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (15-E-0751SA16) cedure Act, NOTICE is hereby given of the following action: Action taken: On 12/13/18, the PSC adopted an order adopting acceler- NOTICE OF ADOPTION ated energy efficiency targets and directed investor-owned utilities to file proposals for energy efficiency targets and budgets on or before March 31, CES Phase 3 Implementation Plan 2019. Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), 66(1) I.D. No. PSC-34-18-00014-A and (2) Filing Date: 2018-12-14 Subject: Energy efficiency. Effective Date: 2018-12-14 Purpose: To adopt accelerated energy efficiency targets and direct utilities to file proposals for energy efficiency targets and budgets. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Substance of final rule: The Commission, on December 13, 2018, adopted cedure Act, NOTICE is hereby given of the following action: an order adopting accelerated energy efficiency targets and directed Action taken: On 12/13/18, the PSC adopted an order approving the Clean Central Hudson Gas & Electric Corporation, Consolidated Edison Energy Standard (CES) Phase 3 Implementation Plan submitted by New Company of New York, Inc., KeySpan Gas East Corporation, The York State Energy Research and Development Authority (NYSERDA) Brooklyn Union Gas Company, National Fuel Gas Distribution Corpora- and the New York State Department of Public Service Staff (Staff). tion, New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation d/b/a National Grid, Orange and Rockland Utilities, Inc., and Statutory authority: Public Service Law, sections 4(1), 5(1), (2), 66(2); Rochester Gas and Electric Corporation (Utilities) to conduct energy effi- Energy Law, section 6-104(5)(b) ciency programs, consistent with the order in 2019 and 2020. The utilities, Subject: CES Phase 3 Implementation Plan. in consultation with the New York State Energy Research and Develop- Purpose: To approve, with modifications, the CES Phase 3 Implementa- ment Authority, shall file, collectively or individually, proposals for energy tion Plan. efficiency targets and budgets on or before March 31, 2019, subject to the Substance of final rule: The Commission, on December 13, 2018, adopted terms and conditions set forth in the order. an order approving, with modifications, the Clean Energy Standard (CES) Final rule as compared with last published rule: No changes. Phase 3 Implementation Plan submitted by New York State Energy

13 Rule Making Activities NYS Register/January 2, 2019

Research and Development Authority (NYSERDA) and the New York Final rule as compared with last published rule: No changes. State Department of Public Service Staff (Staff). NYSERDA and Staff Text of rule may be obtained from: John Pitucci, Public Service Commis- shall file a final Plan no later than 30 days of the issuance of this order, sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- making the necessary revisions discussed, subject to the terms and condi- 2655, email: [email protected] An IRS employer ID no. or social tions set forth in the order. security no. is required from firms or persons to be billed 25 cents per Final rule as compared with last published rule: No changes. page. Please use tracking number found on last line of notice in requests. Text of rule may be obtained from: John Pitucci, Public Service Commis- Assessment of Public Comment sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- 2655, email: [email protected] An IRS employer ID no. or social An assessment of public comment is not submitted with this notice because security no. is required from firms or persons to be billed 25 cents per the rule is within the definition contained in section 102(2)(a)(ii) of the page. Please use tracking number found on last line of notice in requests. State Administrative Procedure Act. Assessment of Public Comment (16-W-0259SA5) An assessment of public comment is not submitted with this notice because the rule is within the definition contained in section 102(2)(a)(ii) of the NOTICE OF ADOPTION State Administrative Procedure Act. (15-E-0302SA37) Waiver of Article VII Regulations NOTICE OF ADOPTION I.D. No. PSC-36-18-00007-A Filing Date: 2018-12-17 Revisions to the RY1 RAC Targets Effective Date: 2018-12-17 I.D. No. PSC-36-18-00004-A Filing Date: 2018-12-13 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Effective Date: 2018-12-13 Action taken: On 12/13/18, the PSC adopted an order approving Eight Point Wind, LLC’s (Eight Point) petition to waive section 86.3(a)(1) of PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- the Commission’s regulations relating to Public Service Law article VII. cedure Act, NOTICE is hereby given of the following action: Statutory authority: Public Service Law, sections 4 and 122 Action taken: On 12/13/18, the PSC adopted an order approving New York American Water Company, Inc.’s (NYAW) petition to make revi- Subject: Waiver of article VII regulations. sions to the Rate Year 1 (RY1) Revenue Adjustment Clause (RAC) targets Purpose: To approve Eight Point’s petition for a waiver of article VII due to changes in property tax targets. regulations. Statutory authority: Public Service Law, section 89 Substance of final rule: The Commission, on December 13, 2018, adopted Subject: Revisions to the RY1 RAC targets. an order approving Eight Point Wind, LLC’s petition to waive § 86.3(a)(1) Purpose: To approve NYAW’s petition to make revisions to the RY1 RAC of the Commission’s regulations relating to Public Service Law Article targets. VII, subject to the terms and conditions set forth in the order. Substance of final rule: The Commission, on December 13, 2018, adopted Final rule as compared with last published rule: No changes. an order approving New York American Water Company, Inc.’s petition to Text of rule may be obtained from: John Pitucci, Public Service Commis- make revisions to the Rate Year 1 Revenue Adjustment Clause targets due sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- to changes in property tax targets, subject to the terms and conditions set 2655, email: [email protected] An IRS employer ID no. or social forth in the order. security no. is required from firms or persons to be billed 25 cents per Final rule as compared with last published rule: No changes. page. Please use tracking number found on last line of notice in requests. Text of rule may be obtained from: John Pitucci, Public Service Commis- Assessment of Public Comment sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- An assessment of public comment is not submitted with this notice because 2655, email: [email protected] An IRS employer ID no. or social the rule is within the definition contained in section 102(2)(a)(ii) of the security no. is required from firms or persons to be billed 25 cents per State Administrative Procedure Act. page. Please use tracking number found on last line of notice in requests. (18-T-0202SA1) Assessment of Public Comment An assessment of public comment is not submitted with this notice because NOTICE OF ADOPTION the rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. Acceleration of the Return of Customer Credit (16-W-0259SA6) I.D. No. PSC-37-18-00004-A NOTICE OF ADOPTION Filing Date: 2018-12-13 Effective Date: 2018-12-13 Revisions to the RY1 RAC Targets I.D. No. PSC-36-18-00006-A PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Filing Date: 2018-12-13 Action taken: On 12/13/18, the PSC adopted an order approving New Effective Date: 2018-12-13 York American Water Company, Inc.’s (NYAW) petition to accelerate the return of customer credit directed by the August 2018 Tax Cuts and Jobs PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Act Order through a one-time credit. cedure Act, NOTICE is hereby given of the following action: Statutory authority: Public Service Law, sections 65(1), 66(1), (4), 79(1), Action taken: On 12/13/18, the PSC adopted an order approving New (7), 89-b(1), 89-c(1), (3), 91(1), 94(2) and 95(2) York American Water Company, Inc.’s (NYAW) petition for accounting Subject: Acceleration of the return of customer credit. changes to revise the Rate Year 1 (RY1) Revenue Adjustment Clause Purpose: To approve NYAW’s petition to accelerate the return of customer (RAC) targets due to the change to monthly billing. credit through a one-time credit. Statutory authority: Public Service Law, section 89 Substance of final rule: The Commission, on December 13, 2018, adopted Subject: Revisions to the RY1 RAC targets. an order approving New York American Water Company, Inc.’s petition to Purpose: To approve NYAW’s petition to make revisions to the RY1 RAC accelerate the return of customer credit of $2.056 million, directed by the targets. August 2018 Tax Cuts and Jobs Act Order, through a one-time credit that offsets the Revenue Adjustment Clause/Property Tax Reconciliation sur- Substance of final rule: The Commission, on December 13, 2018, adopted charge, subject to the terms and conditions set forth in the order. an order approving New York American Water Company, Inc.’s petition for accounting changes to revise the Rate Year 1 Revenue Adjustment Final rule as compared with last published rule: No changes. Clause targets due to the change to monthly billing, subject to the terms Text of rule may be obtained from: John Pitucci, Public Service Commis- and conditions set forth in the order. sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-

14 NYS Register/January 2, 2019 Rule Making Activities

2655, email: [email protected] An IRS employer ID no. or social an order authorizing the City of Rye (Rye) to recover fire protection costs security no. is required from firms or persons to be billed 25 cents per through the Municipal Public Fire Protection (MPFP) surcharge collected page. Please use tracking number found on last line of notice in requests. by SUEZ Water Westchester, Inc. (SWW), the water utility that serves Assessment of Public Comment customers in Rye, from each class of customers in Rye. SWW is directed An assessment of public comment is not submitted with this notice because to file a MPFP Surcharge Statement, on not less than one day’s notice, to the rule is within the definition contained in section 102(2)(a)(ii) of the become effective February 1, 2019, in accordance with the discussion in State Administrative Procedure Act. the body of this Order and the surcharge rates listed in the Appendix to (17-M-0815SA2) this Order. SWW is directed to identify the surcharge as the MPFP surcharge and provide a complete explanation of the surcharge, including NOTICE OF ADOPTION customer exemptions, in the first bill after February 1, 2019, subject to the terms and conditions set forth in the order. Allocation of Property Tax Refunds Final rule as compared with last published rule: No changes. I.D. No. PSC-37-18-00006-A Text of rule may be obtained from: John Pitucci, Public Service Commis- Filing Date: 2018-12-13 sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- Effective Date: 2018-12-13 2655, email: [email protected] An IRS employer ID no. or social security no. is required from firms or persons to be billed 25 cents per PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- page. Please use tracking number found on last line of notice in requests. cedure Act, NOTICE is hereby given of the following action: Assessment of Public Comment Action taken: On 12/13/18, the PSC adopted an order approving New An assessment of public comment is not submitted with this notice because York American Water Company, Inc.’s (NYAW) petition for the allocation the rule is within the definition contained in section 102(2)(a)(ii) of the of property tax refunds between NYAW and its ratepayers. State Administrative Procedure Act. Statutory authority: Public Service Law, section 113(2) (18-W-0560SA1) Subject: Allocation of property tax refunds. Purpose: To approve NYAW’s petition for the allocation of property tax NOTICE OF ADOPTION refunds between NYAW and its ratepayers. Substance of final rule: The Commission, on December 13, 2018, adopted Waiver Request an order approving, to the extent stated in this order, New York American I.D. No. PSC-39-18-00009-A Water Company, Inc.’s (NYAW) petition for the allocation and disposition of property tax refunds between NYAW and its ratepayers totaling Filing Date: 2018-12-14 $8,393,923, including interest. $7,135,641 will be returned to ratepayers Effective Date: 2018-12-14 in NYAW’s Lynbrook and Merrick districts, $1,010,088 will be used to fund a Conservation Study and Rebate Program for the benefit of customers, and NYAW will be permitted to retain $312,215 to cover legal fees PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- and other costs incurred to obtain the refunds. NYAW shall account for the cedure Act, NOTICE is hereby given of the following action: refund in accordance with the requirements of this order and is directed to Action taken: On 12/13/18, the PSC adopted an order approving Consoli- notify the Commission within 60 days of its receipt of a final Court deter- dated Edison Company of New York, Inc.’s (Con Edison) petition for a mination concerning the appeals filed by New York American Water Inc. and the Town of Hempstead of changes, if any, in the amount of the refunds waiver of tariff provisions and the Public Service Commission’s (PSC) addressed in this order and propose a method of distributing or collecting non-residential service regulations. said difference to or from its ratepayers, subject to the terms and condi- Statutory authority: Public Service Law, sections 65, 66, 79 and 80 tions set forth in the order. Subject: Waiver request. Final rule as compared with last published rule: No changes. Text of rule may be obtained from: John Pitucci, Public Service Commis- Purpose: To approve Con Edison’s petition for a waiver of tariff provision, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- sions and service regulations. 2655, email: [email protected] An IRS employer ID no. or social Substance of final rule: The Commission, on December 13, 2018, adopted security no. is required from firms or persons to be billed 25 cents per an order approving Consolidated Edison Company of New York, Inc.’s page. Please use tracking number found on last line of notice in requests. (Con Edison) petition for a waiver of tariff provisions and the Public Ser- Assessment of Public Comment vice Commission’s (PSC) Non-residential service regulations for custom- An assessment of public comment is not submitted with this notice because ers affected by the July 19, 2018 steam rupture. The provisions of Con the rule is within the definition contained in section 102(2)(a)(ii) of the Edison’s Electric Tariff, P.S.C. No. 10 – Electricity, Steam Tariff, P.S.C. State Administrative Procedure Act. No. 3 – Steam, Gas Tariff, P.S.C. No. 9 – Gas and 16 NYCRR Part 13, are (18-W-0554SA1) waived, as appropriate, for the period of time set forth in the body of this Order. The authorization granted by this Order is limited to customers NOTICE OF ADOPTION whose electric, gas and steam service were affected by the steam rupture that occurred at 21st Street and 5th Avenue as described in this Order. Con Surcharge for Fire Protection Costs Edison is required to file a report with the Commission, sixty (60) days af- I.D. No. PSC-39-18-00008-A ter the distribution of credits detailing the total amount of electric, gas and steam credits refunded, the number of affected customers that received Filing Date: 2018-12-17 these credits, and the associated accounting treatment demonstrating that Effective Date: 2018-12-17 the costs of credits were not recovered from customers, subject to the terms and conditions set forth in the order. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Final rule as compared with last published rule: No changes. cedure Act, NOTICE is hereby given of the following action: Text of rule may be obtained from: John Pitucci, Public Service Commis- Action taken: On 12/13/18, the PSC adopted an order authorizing the City of Rye (Rye) to recover fire protection costs through a surcharge collected sion, Three Empire State Plaza, Albany, New York, 12223, (518) 486- by SUEZ Water Westchester, Inc. (SWW) from each class of customers in 2655, email: [email protected] An IRS employer ID no. or social Rye. security no. is required from firms or persons to be billed 25 cents per page. Please use tracking number found on last line of notice in requests. Statutory authority: Public Service Law, sections 4(1), 5(1)(f), 89-c(1) and (10) Assessment of Public Comment Subject: Surcharge for fire protection costs. An assessment of public comment is not submitted with this notice because Purpose: To authorize Rye to recover fire protection costs through a sur- the rule is within the definition contained in section 102(2)(a)(ii) of the charge collected by SWW. State Administrative Procedure Act. Substance of final rule: The Commission, on December 13, 2018, adopted (18-S-0448SA1)

15 Rule Making Activities NYS Register/January 2, 2019

NOTICE OF ADOPTION Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our Tariff Amendments website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New I.D. No. PSC-40-18-00017-A York 12223-1350, (518) 486-2655, email: [email protected] Filing Date: 2018-12-14 Data, views or arguments may be submitted to: Kathleen H. Burgess, Effective Date: 2018-12-14 Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Public comment will be received until: 60 days after publication of this cedure Act, NOTICE is hereby given of the following action: notice. Action taken: On 12/13/18, the PSC adopted an order approving, in part Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural and rejecting, in part, Consolidated Edison Company of New York, Inc.’s Area Flexibility Analysis and Job Impact Statement (Con Edison) tariff amendments to P.S.C. No. 9—Gas, modifying its Inter- Statements and analyses are not submitted with this notice because the ruptible Gas Service Program. proposed rule is within the definition contained in section 102(2)(a)(ii) of Statutory authority: Public Service Law, sections 65 and 66 the State Administrative Procedure Act. Subject: Tariff amendments. (15-E-0190SP5) Purpose: To approve, in part and reject, in part, Con Edison’s tariff amendments. PROPOSED RULE MAKING Substance of final rule: The Commission, on December 13, 2018, adopted NO HEARING(S) SCHEDULED an order approving, in part and rejecting, in part, Consolidated Edison Company of New York, Inc.’s (Con Edison) tariff amendments to P.S.C. Advanced Metering Infrastructure No. 9 – Gas, modifying its Interruptible Gas Service Program; Service Classification (SC) No. 9 – Transportation Service and SC No. 12 – Dual I.D. No. PSC-01-19-00004-P Fuel Sales Service. Con Edison is directed to file a cancellation supplement, effective on not less than one day’s notice, on or before December 27, 2018, cancelling the tariff amendments listed in the Appendix. Con PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Edison is also directed to file further modifications consistent with the cedure Act, NOTICE is hereby given of the following proposed rule: discussion in the body of this Order, on or before December 27, 2018, to Proposed Action: The Commission is considering a proposal filed by Ni- become effective on January 1, 2019, to eliminate the provision of agara Mohawk Power Corporation d/b/a National Grid to implement automatically moving an Interruptible Gas Service customer that incurs advanced metering infrastructure throughout its electric and gas service two violations to Firm Service, subject to the terms and conditions set territories. forth in the order. Statutory authority: Public Service Law, sections 5, 65 and 66 Final rule as compared with last published rule: No changes. Subject: Advanced Metering Infrastructure. Text of rule may be obtained from: John Pitucci, Public Service Commis- Purpose: To determine whether Niagara Mohawk Power Corporation sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486- d/b/a National Grid should implement advanced metering infrastructure. 2655, email: [email protected] An IRS employer ID no. or social Substance of proposed rule: The Commission is considering a report filed security no. is required from firms or persons to be billed 25 cents per by Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) on page. Please use tracking number found on last line of notice in requests. November 15, 2018 in Cases 17-E-0238 and 17-G-0239, in which NMPC Assessment of Public Comment proposed to implement advanced metering infrastructure (AMI) through- An assessment of public comment is not submitted with this notice because out its electric and gas service territories. the rule is within the definition contained in section 102(2)(a)(ii) of the The report resulted from a collaborative process, involving numerous State Administrative Procedure Act. stakeholders, mandated in the Order Adopting Terms of Joint Proposal and (18-G-0565SA1) Establishing Electric and Gas Rate Plans issued by the Commission on March 15, 2018. NMPC proposes to implement AMI throughout its PROPOSED RULE MAKING electric and gas service territories at a 20-year net present value (NPV) cost of between approximately $637 and $657 million. NMPC estimates NO HEARING(S) SCHEDULED that implementing AMI will create 20-year NPV benefits of between approximately $650 and $752 million. AMI will allow for two-way com- Proposed Revisions to RG&E’s Dynamic Load Management munication with customers’ meters and will provide more granular usage Programs and demand data than can be acquired with most of NMPC’s current meters. NMPC explains that implementing AMI will support grid modern- I.D. No. PSC-01-19-00003-P ization and distributed system platform planning functions, which will promote the development of a more dynamic, efficient, sustainable, and PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- reliable energy network capable of serving future generations of utility cedure Act, NOTICE is hereby given of the following proposed rule: customers. Further, NMPC proposes using the AMI infrastructure to offer Proposed Action: The Commission is considering a November 15, 2018 time-of-use rates, which may be developed on an opt-in or opt-out basis. report and petition filed by Rochester Gas and Electric Corporation The full text of the report and the full record of the proceeding may be (RG&E) to effectuate revisions to its Dynamic Load Management reviewed online at the Department of Public Service web page: Programs. www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters. Statutory authority: Public Service Law, sections 5(1), (2), 65(1), (5), 66(1), (12), (14) and 74 Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our Subject: Proposed revisions to RG&E’s Dynamic Load Management website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Programs. Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: More efficient demand response programs to gain operational York 12223-1350, (518) 486-2655, email: [email protected] efficiency and shave peak demand. Data, views or arguments may be submitted to: Kathleen H. Burgess, Substance of proposed rule: The Public Service Commission is consider- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New ing a November 15, 2018 report and petition, filed by Rochester Gas and York 12223-1350, (518) 474-6530, email: [email protected] Electric Corporation (RG&E), proposing modifications to two distribution- Public comment will be received until: 60 days after publication of this level demand response programs, the Commercial System Relief Program notice. and the Distribution Load Relief Program for the 2019 capability period. The proposed tariff amendments have an initial effective date of May 1, Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural 2019. Area Flexibility Analysis and Job Impact Statement The full text of the annual report and petition and the full record of the Statements and analyses are not submitted with this notice because the proceeding may be reviewed online at the Department of Public Service proposed rule is within the definition contained in section 102(2)(a)(ii) of web page: www.dps.ny.gov. The Commission may adopt, reject or modify, the State Administrative Procedure Act. in whole or in part, the action proposed and may resolve related matters. (17-E-0238SP6)

16 NYS Register/January 2, 2019 Rule Making Activities

PROPOSED RULE MAKING The full text of the annual report and petition and the full record of the NO HEARING(S) SCHEDULED proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters. Proposed Revisions to O&R’s Dynamic Load Management Programs Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our I.D. No. PSC-01-19-00005-P website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- 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, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Proposed Action: The Commission is considering a November 15, 2018 York 12223-1350, (518) 474-6530, email: [email protected] report and petition filed by Orange and Rockland Utilities, Inc. (O&R) to effectuate revisions to its Dynamic Load Management Programs. Public comment will be received until: 60 days after publication of this notice. Statutory authority: Public Service Law, sections 5(1), (2), 65(1), (5), 66(1), (12), (14) and 74 Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Subject: Proposed revisions to O&R’s Dynamic Load Management Programs. 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: More efficient demand response programs to gain operational the State Administrative Procedure Act. efficiency and shave peak demand. (15-E-0188SP5) Substance of proposed rule: The Public Service Commission is considering a November 15, 2018 report and petition, filed by Orange and PROPOSED RULE MAKING Rockland Utilities, Inc. (O&R), proposing modifications to two distribution-level demand response programs, the Commercial System NO HEARING(S) SCHEDULED Relief Program and the Distribution Load Relief Program for the 2019 capability period. The proposed tariff amendments do not have an initial Northbrook Lyons Falls LLC’s 3 Hydro Facilities with a effective date. Combined Capacity of 8.59 MW Located in Mill, Gouldtown, and The full text of the annual report and petition and the full record of the Kosterville proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, I.D. No. PSC-01-19-00007-P in whole or in part, the action proposed 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 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] Northbrook Lyons Falls LLC to provide financial support for its 8.59 MW hydroelectric facilities located in Lewis County under the Tier 2 ‘‘Mainte- Data, views or arguments may be submitted to: Kathleen H. Burgess, nance Tier’’ Program in the Renewable Energy Standard. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] Statutory authority: Public Service Law, sections 4(1), 5(1), (2), 66(2); Energy Law, section 6-104(5)(b) Public comment will be received until: 60 days after publication of this notice. Subject: Northbrook Lyons Falls LLC’s 3 hydro facilities with a combined capacity of 8.59 MW located in Mill, Gouldtown, and Kosterville. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Purpose: To promote and maintain renewable electric energy resources. Statements and analyses are not submitted with this notice because the Substance of proposed rule: The Public Service Commission (Commis- proposed rule is within the definition contained in section 102(2)(a)(ii) of sion) is considering a petition, filed on November 1, 2018, by Northbrook the State Administrative Procedure Act. Lyons Falls LLC (NBLF), seeking financial support through a Tier 2 “Maintenance Tier” contract that may be authorized under the Renewable (15-E-0191SP6) Energy Standard program, to allow the continued operation of three hydroelectric facilities with a combined capacity of 8.59 MW located in PROPOSED RULE MAKING Lewis County, New York (the Facilities). NO HEARING(S) SCHEDULED In the August 1, 2016 Clean Energy Standard Framework Order, the Commission approved, among other items, the continuation of a mainte- Proposed Revisions to NYSEG’s Dynamic Load Management nance program for existing renewable generating facilities needing Programs financial support to remain operational. NBLF is requesting a 2-year contract authorizing $12.97/MWh for each Renewable Energy Credit cre- I.D. No. PSC-01-19-00006-P ated by the Facilities. NBLF is applying for a shorter term than the standard 3 year term authorized by the Commission due to their plan to PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- redevelop the Mill facility which will require that it be taken out of service for a 12-month period. Upon review of the relevant inputs used to calculate cedure Act, NOTICE is hereby given of the following proposed rule: the award, including changes to those inputs, the Commission may adjust Proposed Action: The Commission is considering a November 15, 2018 the award price requested upward or downward. The Commission may report and petition filed by New York State Electric & Gas Corporation also seek to standardize the formula to be utilized in computing the main- (NYSEG) to effectuate revisions to its Dynamic Load Management tenance tier award. Programs. The full text of the petition and the full record of the proceeding may be Statutory authority: Public Service Law, sections 5(1), (2), 65(1), (5), reviewed online at the Department of Public Service web page: 66(1), (12), (14) and 74 www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole Subject: Proposed revisions to NYSEG’s Dynamic Load Management or in part, the action proposed and may resolve other related matters. Programs. Text of proposed rule and any required statements and analyses may be Purpose: More efficient demand response programs to gain operational obtained by filing a Document Request Form (F-96) located on our efficiency and shave peak demand. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Substance of proposed rule: The Public Service Commission is consider- York 12223-1350, (518) 486-2655, email: [email protected] ing a November 15, 2018 report and petition, filed by New York State Electric & Gas Corporation (NYSEG), proposing modifications to two Data, views or arguments may be submitted to: Kathleen H. Burgess, distribution-level demand response programs, the Commercial System Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Relief Program and the Distribution Load Relief Program for the 2019 York 12223-1350, (518) 474-6530, email: [email protected] capability period. The proposed tariff amendments have an initial effec- Public comment will be received until: 60 days after publication of this tive date of May 1, 2019. notice.

17 Rule Making Activities NYS Register/January 2, 2019

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Purpose: Whether a proposed agreement for the provision of water ser- Area Flexibility Analysis and Job Impact Statement vice by Saratoga Water Services, Inc. is in the public interest. Statements and analyses are not submitted with this notice because the Substance of proposed rule: The Commission is considering a petition, proposed rule is within the definition contained in section 102(2)(a)(ii) of filed on January 19, 2017, by Saratoga Water Services, Inc. (Saratoga) the State Administrative Procedure Act. requesting waivers of certain provisions of its tariff and Commission rules (17-E-0603SP6) and of the terms of an agreement for provision of service. Saratoga seeks issuance of an Order (a) approving the terms and condi- PROPOSED RULE MAKING tions of a certain “Agreement For The Provision of Water Service,” dated January 7, 2016 (Agreement) between Saratoga and RM Dalrymple NO HEARING(S) SCHEDULED Company, Inc. as being in the public interest; (b) determining that the provision of water service by Saratoga in accordance with the terms set forth Proposed Revisions to Central Hudson’s Dynamic Load in the Agreement is in the public interest; (c) waiving Saratoga’s tariff pro- Management Programs visions to the extent they are inconsistent with the Agreement, and (d) waiving the applicability of the provisions of 16 NYCRR Parts 501 and I.D. No. PSC-01-19-00008-P 502 (extension of main and service pipes) to the extent they are inconsistent with the Agreement. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The full text of the petition and the full record of the proceeding may be cedure Act, NOTICE is hereby given of the following proposed rule: reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole Proposed Action: The Commission is considering a November 15, 2018 or in part, the action proposed and may resolve related matters. report and petition filed by Central Hudson Gas & Electric Corporation (Central Hudson) to effectuate revisions to its Dynamic Load Manage- Text of proposed rule and any required statements and analyses may be ment Programs. obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Statutory authority: Public Service Law, sections 5(1), (2), 65(1), (5), Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New 66(1), (12), (14) and 74 York 12223-1350, (518) 486-2655, email: [email protected] Subject: Proposed revisions to Central Hudson’s Dynamic Load Manage- Data, views or arguments may be submitted to: Kathleen H. Burgess, ment Programs. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: More efficient demand response programs to gain operational York 12223-1350, (518) 474-6530, email: [email protected] efficiency and shave peak demand. Public comment will be received until: 60 days after publication of this Substance of proposed rule: The Public Service Commission is consider- notice. ing a November 15, 2018 report and petition, filed by Central Hudson Gas & Electric Corporation (Central Hudson), proposing to eliminate the Com- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural mercial System Relief Program (CSRP) from the Dynamic Load manage- Area Flexibility Analysis and Job Impact Statement ment (DLM) Program for the 2019 capability period. Statements and analyses are not submitted with this notice because the The CSRP provides commercial and industrial customers the op- proposed rule is within the definition contained in section 102(2)(a)(ii) of portunity to earn incentives by committing to curtail during peak periods the State Administrative Procedure Act. when called upon. Central Hudson proposes to discontinue the program (16-W-0030SP1) because it is not cost effective, so any marginal benefits realized through the program are significantly outweighed by the cost to implement. The PROPOSED RULE MAKING proposed tariff amendment does not have an initial effective date. The full text of the annual report and petition and the full record of the NO HEARING(S) SCHEDULED proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, Notice of Intent to Submeter Electricity in whole or in part, the action proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be I.D. No. PSC-01-19-00010-P 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 the notice of intent of Data, views or arguments may be submitted to: Kathleen H. Burgess, 100 East 53rd Street Condominium to submeter electricity at 100 East Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New 53rd Street, New York, New York. York 12223-1350, (518) 474-6530, email: [email protected] Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Public comment will be received until: 60 days after publication of this 53, 65(1), 66(1), (2), (3), (4), (12) and (14) notice. Subject: Notice of intent to submeter electricity. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Purpose: To ensure adequate submetering equipment and consumer Area Flexibility Analysis and Job Impact Statement protections are in place. Statements and analyses are not submitted with this notice because the Substance of proposed rule: The Commission is considering the notice of proposed rule is within the definition contained in section 102(2)(a)(ii) of intent filed by 100 East 53rd Street Condominium on December 5, 2018, the State Administrative Procedure Act. to submeter electricity at 100 East 53rd Street, New York, New York lo- (15-E-0186SP6) cated in the service territory of Consolidated Edison Company of New York, Inc. (Con Edison). PROPOSED RULE MAKING By stating its intent to submeter electricity, 100 East 53rd Street Condo- NO HEARING(S) SCHEDULED minium requests authorization to take electric service from Con Edison and then distribute and meter that electricity to its residents. Submetering Waiver of Main Extension Rules, Service Territory Extension and of electricity to residentials is allowed so long as it complies with the protections and requirements of the Commission’s regulations in 16 Agreement for Provision of Service NYCRR Part 96. I.D. No. PSC-01-19-00009-P The full text of the notice of intent and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- or in part, the action proposed and may resolve related matters. cedure Act, NOTICE is hereby given of the following proposed rule: Text of proposed rule and any required statements and analyses may be Proposed Action: The Commission is considering a petition filed by obtained by filing a Document Request Form (F-96) located on our Saratoga Water Services, Inc. requesting waivers of certain provisions of website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John its tariff and Commission rules and of the terms of an agreement for provi- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New sion of service. York 12223-1350, (518) 486-2655, email: [email protected] Statutory authority: Public Service Law, sections 4(1), 20(1) and 89-b Data, views or arguments may be submitted to: Kathleen H. Burgess, Subject: Waiver of main extension rules, service territory extension and Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New agreement for provision of service. York 12223-1350, (518) 474-6530, email: [email protected]

18 NYS Register/January 2, 2019 Rule Making Activities

Public comment will be received until: 60 days after publication of this Purpose: To consider modifications to National Grid’s economic develop- notice. ment assistance programs. 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 Niagara Mohawk Power Corporation d/b/a/ National Statements and analyses are not submitted with this notice because the Grid (National Grid or Company) requesting approval to modify four of proposed rule is within the definition contained in section 102(2)(a)(ii) of its electric Economic Development Programs. National Grid filed the the State Administrative Procedure Act. request as part of its Economic Development Grant Programs Annual (18-E-0735SP1) Report on November 1, 2018. First, for the Electric Capital Investment Incentive program, National PROPOSED RULE MAKING Grid proposes to lower the threshold investment necessary for a project to NO HEARING(S) SCHEDULED be eligible for the $500,000 and $750,000 grants. National Grid proposes that projects with a total capital investment from $10 million to $25 mil- Proposed Revisions to National Grid’s Dynamic Load lion be eligible for a $500,000 grant, and that projects with a total capital investment greater than $25 million be eligible for a $750,000 grant. Management Programs Second, for the 3-Phase Power Incentive program, National Grid proposes I.D. No. PSC-01-19-00011-P four changes: (a) increase the maximum grant from $200,000 to $300,000 toward the cost converting 3-phase service; (b) reduce the minimum PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- customer contribution from 30% to 25%; (c) increase maximum grant, cedure Act, NOTICE is hereby given of the following proposed rule: from $250,000 to $400,000, for customers choosing renewable generation in lieu of traditional 3-phase service; and, (d) add mining and quarrying as Proposed Action: The Commission is considering a November 15, 2018 eligible facilities. Third, for the Shovel Ready Incentive program, National report and petition filed by Niagara Mohawk Power Corporation d/b/a Grid proposes to increase the maximum grant from $250,000 to $500,000. National Grid to effectuate revisions to its Dynamic Load Management Fourth, for the Renewable Energy and Economic Development program, Programs. National Grid proposes to change the eligibility language to clarify what Statutory authority: Public Service Law, sections 5(1), (2), 65(1), (5), specific evidence can be used to demonstrate regional economic develop- 66(1), (12), (14) and 74 ment benefits. Subject: Proposed revisions to National Grid’s Dynamic Load Manage- The full text of the petition and the full record of the proceeding may be ment Programs. reviewed online at the Department of Public Service web page: Purpose: More efficient demand response programs to gain operational www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole efficiency and shave peak demand. or in part, the action proposed and may resolve related matters. Substance of proposed rule: The Public Service Commission is consider- Text of proposed rule and any required statements and analyses may be ing a November 15, 2018 report and petition, filed by Niagara Mohawk obtained by filing a Document Request Form (F-96) located on our Power Corporation d/b/a National Grid (National Grid), proposing website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John modifications to three of its distribution-level demand response programs Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New for the 2019 capability period. York 12223-1350, (518) 486-2655, email: [email protected] National Grid’s Dynamic Load Management (DLM) Program portfolio Data, views or arguments may be submitted to: Kathleen H. Burgess, is comprised of three distribution-level offerings: Direct Load Control Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New (DLC) Program, Commercial System Relief Program (CSRP), and Distri- York 12223-1350, (518) 474-6530, email: [email protected] bution Load Relief Program (DLRP). The proposed tariff amendments Public comment will be received until: 60 days after publication of this have an initial effective date of May 1, 2019. notice. The full text of the annual report and petition and the full record of the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural proceeding may be reviewed online at the Department of Public Service Area Flexibility Analysis and Job Impact Statement web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters. 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 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 website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John (17-E-0238SP5) Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] PROPOSED RULE MAKING Data, views or arguments may be submitted to: Kathleen H. Burgess, NO HEARING(S) SCHEDULED Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] Order of the Commission Related to Caller ID Unblocking Public comment will be received until: 60 days after publication of this I.D. No. PSC-01-19-00013-P notice. 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 Commission is considering the petition of Suffolk the State Administrative Procedure Act. County requesting that telephone companies unblock caller ID informa- (15-E-0189SP7) tion for calls made to its 311 Call Center. Statutory authority: Public Service Law, section 94 PROPOSED RULE MAKING Subject: Order of the Commission related to caller ID unblocking. NO HEARING(S) SCHEDULED Purpose: To require telephone companies to unblock caller ID on calls placed to the 311 municipal call center in Suffolk County. National Grid’s Electric Economic Development Programs Substance of proposed rule: The Public Service Commission (Commis- sion) is considering a petition, filed on October 22, 2018, by Suffolk I.D. No. PSC-01-19-00012-P County requesting that telephone companies unblock caller ID information for calls made to its 311 Call Center. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The petition concerns the County’s new 311 Call Center (311 Call cedure Act, NOTICE is hereby given of the following proposed rule: Center) for certain towns within the County. The 311 Call Center will launch in early 2019 and will provide consolidated access to non- Proposed Action: The Public Service Commission is considering proposed emergency municipal services and information to Suffolk County’s 1.5 modifications to the electric Economic Development Programs report filed million residents. by Niagara Mohawk Power Corporation d/b/a National Grid on November The 311 Call Center is expected to process tens of thousands of calls a 1, 2018. year. Although its intention is to provide non-emergency services and in- Statutory authority: Public Service Law, sections 4, 5 and 66 formation, Suffolk County nonetheless anticipates inadvertent emergency Subject: National Grid’s electric Economic Development Programs. calls, as well as calls which may escalate into emergencies, will be made

19 Rule Making Activities NYS Register/January 2, 2019 to the 311 Call Center. In those instances, Caller ID information can prove www.dps.ny.gov. The Commission may adopt, reject or modify, in whole essential in rapidly and effectively addressing such emergencies. Unblock- or in part, the action proposed and may resolve related matters. ing the Caller ID information will also enable 911 operators to redial call- Text of proposed rule and any required statements and analyses may be ers routed from the 311 Call Center in the event of disconnections. obtained by filing a Document Request Form (F-96) located on our Currently, Caller ID information is unavailable as it is considered website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John private information. Telephone corporations offer customers per-call Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New and/or per-line blocking services (with respect to Caller ID information) York 12223-1350, (518) 486-2655, email: [email protected] in order to protect customer privacy. The County submits that the Com- Data, views or arguments may be submitted to: Kathleen H. Burgess, mission has previously authorized the unblocking of Caller ID informa- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New tion for 311 Call Centers in New York City and in the Town of North York 12223-1350, (518) 474-6530, email: [email protected] Hempstead, justifying such decisions as a matter of public safety, and the County’s current petition presents similar circumstances. Public comment will be received until: 60 days after publication of this The County has requested an order from the Commission directing notice. telephone corporations, which deliver calls to the Suffolk County 311 Call Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Center and provide Caller ID blocking services, to unblock the transmis- Area Flexibility Analysis and Job Impact Statement sion of customer name and number on such 311 calls. Statements and analyses are not submitted with this notice because the The full text of the petition and the full record of the proceeding may be proposed rule is within the definition contained in section 102(2)(a)(ii) of reviewed online at the Department of Public Service web page: the State Administrative Procedure Act. www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole (18-G-0709SP1) or in part, the action proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be PROPOSED RULE MAKING obtained by filing a Document Request Form (F-96) located on our NO HEARING(S) SCHEDULED website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] To Modify Provisions for Accepting New or Additional Gas Service Applications When There is Inadequate Supply or Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Capacity York 12223-1350, (518) 474-6530, email: [email protected] I.D. No. PSC-01-19-00015-P Public comment will be received until: 60 days after publication of this notice. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural cedure Act, NOTICE is hereby given of the following proposed rule: Area Flexibility Analysis and Job Impact Statement Proposed Action: The Commission is considering a proposal filed by The Statements and analyses are not submitted with this notice because the Brooklyn Union Gas Company d/b/a National Grid NY to modify its gas proposed rule is within the definition contained in section 102(2)(a)(ii) of tariff schedule, P.S.C. No. 12, to provide flexibility in accepting applica- the State Administrative Procedure Act. tions for new or additional gas service. (18-C-0541SP1) Statutory authority: Public Service Law, sections 65 and 66 PROPOSED RULE MAKING Subject: To modify provisions for accepting new or additional gas service applications when there is inadequate supply or capacity. NO HEARING(S) SCHEDULED Purpose: To continue to provide safe and reliable service to existing customers. To Modify Provisions for Accepting New or Additional Gas Substance of proposed rule: The Commission is considering a tariff filing Service Applications When There is Inadequate Supply or submitted by The Brooklyn Union Gas Company d/b/a National Grid NY Capacity (KEDNY or the Company) on November 14, 2018, to amend its gas tariff I.D. No. PSC-01-19-00014-P schedule, P.S.C. No. 12 – Gas. The Company proposes to establish a provision in General Information Section II – Rules and Regulations, that will allow the Company to refuse PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- applications for new or additional gas service if the Company determines cedure Act, NOTICE is hereby given of the following proposed rule: there is insufficient gas supply and/or capacity to service the prospective Proposed Action: The Commission is considering a proposal filed by customer(s) in the relevant area of its service territory. In the event the KeySpan Gas East Corporation d/b/a National Grid to modify its gas tariff Company refuses an application for service, the proposed tariff amend- schedule, P.S.C. No. 1, to provide flexibility in accepting applications for ments would require that KEDNY file a notice with the Commission new or additional gas service. indicating the areas of the Company’s system, and the size of prospective Statutory authority: Public Service Law, sections 65 and 66 customers, the Company is temporarily unable to serve. The proposed tariff amendment would also require that the Company Subject: To modify provisions for accepting new or additional gas service immediately notify the Commission if and when any such restriction on applications when there is inadequate supply or capacity. new customer load is lifted. The proposed amendment has an effective Purpose: To continue to provide safe and reliable service to existing date of May 1, 2019. customers. The full text of the tariff filing and the full record of the proceeding may Substance of proposed rule: The Commission is considering a tariff filing be reviewed online at the Department of Public Service web page: submitted by KeySpan Gas East Corporation d/b/a National Grid (KEDLI www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or the Company) on November 14, 2018, to amend its gas tariff schedule, or in part, the action proposed and may resolve related matters. P.S.C. No. 1 – Gas. Text of proposed rule and any required statements and analyses may be The Company proposes to establish a provision in General Information obtained by filing a Document Request Form (F-96) located on our Section II – Rules and Regulations, that will allow the Company to refuse website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John applications for new or additional gas service if the Company determines Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New there is insufficient gas supply and/or capacity to service the prospective York 12223-1350, (518) 486-2655, email: [email protected] customer(s) in the relevant area of its service territory. In the event the Data, views or arguments may be submitted to: Kathleen H. Burgess, Company refuses an application for service, the proposed tariff amend- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New ment would require that KEDLI file a notice with the Commission indicat- York 12223-1350, (518) 474-6530, email: [email protected] ing the areas of the Company’s system, and the size of prospective customers, the Company is temporarily unable to serve. Public comment will be received until: 60 days after publication of this The proposed tariff amendment would also require that the Company notice. immediately notify the Commission if and when any such restriction on Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural new customer load is lifted. The proposed amendments have an effective Area Flexibility Analysis and Job Impact Statement date of May 1, 2019. Statements and analyses are not submitted with this notice because the The full text of the tariff filing and the full record of the proceeding may proposed rule is within the definition contained in section 102(2)(a)(ii) of be reviewed online at the Department of Public Service web page: the State Administrative Procedure Act.

20 NYS Register/January 2, 2019 Rule Making Activities

(18-G-0711SP1) PROPOSED RULE MAKING NO HEARING(S) SCHEDULED

To Modify Provisions for Accepting New or Additional Gas Service Applications When There is Inadequate Supply or Capacity I.D. No. PSC-01-19-00016-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: The Commission is considering a proposal filed by Ni- agara Mohawk Power Corporation d/b/a National Grid to modify its gas tariff schedule, P.S.C. No. 219, to provide flexibility in accepting applications for new or additional gas service. Statutory authority: Public Service Law, sections 65 and 66 Subject: To modify provisions for accepting new or additional gas service applications when there is inadequate supply or capacity. Purpose: To continue to provide safe and reliable service to existing customers. Substance of proposed rule: The Commission is considering a tariff filing submitted by Niagara Mohawk Power Corporation d/b/a National Grid (NMPC or the Company) on November 14, 2018, to amend its gas tariff schedule, P.S.C. No. 219 – Gas. The Company proposes to establish a provision in General Information Section II – Rules and Regulations, that will allow the Company to refuse applications for new or additional gas service if the Company determines there is insufficient gas supply and/or capacity to service the prospective customer(s) in the relevant area of its service territory. In the event the Company refuses an application for service, the proposed tariff amendments would require that NMPC file a notice with the Commission indicating the areas of the Company’s system, and the size of prospective customers, the Company is temporarily unable to serve. The proposed tariff amendment would also require that the Company immediately notify the Commission if and when any such restriction on new customer load is lifted. The proposed amendment has an effective date of May 1, 2019. The full text of the tariff filing and the full record of the proceeding may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve 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 website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 60 days after publication of this notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. (18-G-0710SP1)

21 Rule Making Activities NYS Register/January 2, 2019

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Agriculture and Markets, Department of AAM-40-18-00021-EP...... Shell eggs; acidiﬁed foods Department of Agriculture and Markets, 10B Airline Dr., Albany, NY—January 14, 2019, 11:00 a.m.

22 NYS Register/January 2, 2019 Action Pending Index

ACTION PENDING INDEX

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

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

AGING, OFFICE FOR THE

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

AGRICULTURE AND MARKETS, DEPARTMENT OF

AAM-34-18-00001-EP ...... 10/25/19 Importation of cervids susceptible to Chronic To help control the spread of CWD into the Wasting Disease (‘‘CWD’’). State’s cervid population.

AAM-40-18-00021-EP ...... 01/14/20 Shell Eggs; Acidiﬁed Foods To continue regulatory powers in connection with acidiﬁed foods and shell eggs used in foods for human consumption

AAM-41-18-00001-EP ...... 10/10/19 Spotted Lanternﬂy (‘‘SL’’) To prevent SL-infested articles originating in or moving through areas in other states where SL is present from entering NYS

AAM-43-18-00002-P ...... 10/24/19 Certiﬁcation of Industrial Hemp Seed To establish standards for certiﬁcation of industrial hemp seed

AAM-49-18-00001-P ...... 12/05/19 Licensing of malt operators and processors To exempt malt operators and processors producing under a certain volume from licensing requirements and fees

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

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

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

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

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

23 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

ASA-51-18-00020-P ...... 12/19/19 Substance Use Disorder Withdrawal and Update provisions consistent with treatment Stabilization Services developments; deﬁnitions; technical gender language

ASA-51-18-00021-P ...... 12/19/19 Substance Use Disorder Residential Update provisions consistent with treatment Rehabilitation Services for Youth developments; deﬁnitions; technical gender language

ASA-51-18-00022-P ...... 12/19/19 Substance Use Disorder Inpatient Update provisions consistent with treatment Rehabilitation developments; deﬁnitions; technical gender language

ASA-51-18-00023-P ...... 12/19/19 Patient Rights Update provisions consistent with treatment developments; deﬁnitions; technical gender language

ASA-51-18-00024-P ...... 12/19/19 General Service Standards for Substance Update provisions consistent with treatment Use Disorder Outpatient Programs developments; deﬁnitions; technical gender language

AUDIT AND CONTROL, DEPARTMENT OF

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

AAC-50-18-00001-P ...... 12/12/19 Reporting of Miscellaneous Abandoned To update and clarify requirements relating to property the reporting of miscellaneous abandoned property

CHILDREN AND FAMILY SERVICES, OFFICE OF

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

CIVIL SERVICE, DEPARTMENT OF

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

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

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

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

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

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

CVS-33-18-00013-P ...... 08/15/19 Jurisdictional Classiﬁcation To classify a subheading and a position in the non-competitive class

CVS-41-18-00006-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

24 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-41-18-00007-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-41-18-00008-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-41-18-00009-P ...... 10/10/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the exempt class

CVS-41-18-00010-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-41-18-00011-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-41-18-00012-P ...... 10/10/19 Jurisdictional Classiﬁcation To delete a position from and classify a position in the non-competitive class

CVS-41-18-00013-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-41-18-00014-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-41-18-00015-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-41-18-00016-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-41-18-00017-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-41-18-00018-P ...... 10/10/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-41-18-00019-P ...... 10/10/19 Jurisdictional Classiﬁcation To delete from and classify positions in the exempt and non-competitive classes

CVS-41-18-00020-P ...... 10/10/19 Jurisdictional Classiﬁcation To delete from and classify positions in the exempt and non-competitive classes

CVS-46-18-00006-P ...... 11/14/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-46-18-00007-P ...... 11/14/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-46-18-00008-P ...... 11/14/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-46-18-00009-P ...... 11/14/19 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-46-18-00010-P ...... 11/14/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-46-18-00011-P ...... 11/14/19 Jurisdictional Classiﬁcation To classify positions in the exempt and non- competitive classes

CVS-46-18-00012-P ...... 11/14/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-51-18-00002-P ...... 12/19/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

25 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-51-18-00003-P ...... 12/19/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-51-18-00004-P ...... 12/19/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the exempt class

CVS-51-18-00005-P ...... 12/19/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-51-18-00006-P ...... 12/19/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-51-18-00007-P ...... 12/19/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-51-18-00008-P ...... 12/19/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-51-18-00009-P ...... 12/19/19 Jurisdictional Classiﬁcation To delete a position from and classify positions in the non-competitive class

CRIMINAL JUSTICE SERVICES, DIVISION OF

CJS-32-18-00005-P ...... 08/08/19 Case Record Management Update existing Rule to reﬂect services which will be performed by Probation departments as a result of Raise the Age law.

CJS-32-18-00006-P ...... 08/08/19 Investigations and Reports Update existing Rule to reﬂect services which will be performed by Probation departments as a result of Raise the Age law.

CJS-32-18-00007-P ...... 08/08/19 Probation Supervision Update existing Rule to reﬂect services which will be performed by Probation departments as a result of Raise the Age law.

CJS-32-18-00008-P ...... 08/08/19 Graduated Sanctions and Violations of Update existing Rule to reﬂect services which Probation, retitled to: Graduated Responses will be performed by Probation departments as a result of Raise the Age law.

CJS-32-18-00009-P ...... 08/08/19 Preliminary Procedure for Article 3 JD Intake, Update existing Rule to reﬂect services which retitled to: Probation Services for Article 3 will be performed by Probation departments as Juvenile Delinquency(JD) a result of Raise the Age law.

CJS-32-18-00010-P ...... 08/08/19 New Rule 359: Role of Probation in Youth Update existing Rule to reﬂect services which Part of Superior Court will be performed by Probation departments as a result of Raise the Age law.

EDUCATION DEPARTMENT

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

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

EDU-40-18-00007-P ...... 10/03/19 Certiﬁcate progression pathway Initial Certiﬁcate Requirements for Individuals Who Have a Graduate Degree and Two Years of Postsecondary Teaching Experience

EDU-40-18-00008-P ...... 10/03/19 P-20 Principal Preparation Pilot Program To establish the requirements for the P-20 Principal Preparation Pilot Program

26 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

EDUCATION DEPARTMENT

EDU-40-18-00009-P ...... 10/03/19 Students with Disabilities To conform the Commissioner’s regulations to Chapters 422, 428 and 429 of the Laws of 2017

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

EDU-40-18-00011-EP ...... 10/03/19 School Breakfast Programs To initiate, maintain, or expand school breakfast programs iand make technical amendments to conform to federal requirements

EDU-40-18-00012-EP ...... 10/03/19 Prohibition against meal shaming Requires certain schools to develop a plan to prohibit against meal shaming or treating pupils with unpaid meal fees differently

EDU-44-18-00006-P ...... 10/31/19 Limited extensions and program requirements Creation of an extension for holders of the for certain career and technical education Career and Technical Education Certiﬁcate to teachers Teach Grades 5 and 6

EDU-44-18-00007-P ...... 10/31/19 Alternative pathways for certificate for certain Establishes limited extensions and statements teachers who hold Students with Disabilities of continued eligibility pathways for teachers certificate who hold certain teaching certificates for Students with Disabilities in grades 7-12

EDU-47-18-00010-EP ...... 11/21/19 English Language Learner Grade Span To provide a one-year renewable waiver to Waiver Requirement expand the allowable grade span for ENL and BE classes to three contiguous grades

EDU-52-18-00004-P ...... 12/26/19 Student teaching requirements for teacher To revise the student teaching requirements for certiﬁcation and the registration of teacher teacher certiﬁcation and the registration of preparation programs. teacher preparation programs.

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

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

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

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

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

ENV-49-18-00002-P ...... 12/05/19 Northern Catskill Riparian Areas To correct a mistake in the description of the Kaaterskill Falls Riparian Area

FINANCIAL SERVICES, DEPARTMENT OF

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

27 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF

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

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

DFS-26-18-00002-EP ...... 06/27/19 Charges for Professional Health Services To delay the effective date of the Workers’ Compensation fee schedule increases for no- fault reimbursement

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

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

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

DFS-52-18-00001-EP ...... 12/26/19 Principle-Based Reserving To allow principal-based reserving for certain individual and group life insurance policies and annuity contracts.

GAMING COMMISSION, NEW YORK STATE

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

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

SGC-38-18-00003-P ...... 09/19/19 Casino fees and payments. Implementation of rules governing procedures for submission of fees and payments by gaming facilities to the Gaming Commission.

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

SGC-40-18-00006-P ...... 10/03/19 Amendment of multiple medication violation To enable the Commission to enhance the (MMV) penalty enhancement rule. integrity and safety of thoroughbred pari-mutuel racing.

SGC-42-18-00015-P ...... 10/17/19 Permit greater purse-to-price ratio in To advance the best interests of Thoroughbred Thoroughbred claiming races racing and protect the safety of the race horses

SGC-47-18-00009-P ...... 11/21/19 Self-exclusion and casino advertising To centralize Commission self-exclusion policies and make self-exclusion universal throughout the various forms of gaming

SGC-01-19-00002-P ...... 01/02/20 Treatment of thoroughbred horses with To enhance the safety and integrity of pari- ultrasound or electro/medical equipment mutuel racing before a race

SGC-01-19-00017-P ...... 01/02/20 Safety helmet and vest requirements To enhance the safety and integrity of pari- mutuel racing

28 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

GAMING COMMISSION, NEW YORK STATE

SGC-01-19-00018-P ...... 01/02/20 Standards for backstretch housing and related To create minimum standards for housing and facilities related facilities offered to backstretch workers by racing associations

GENERAL SERVICES, OFFICE OF

GNS-46-18-00001-P ...... 11/14/19 Service-Disabled Veteran-Owned Business To establish standards, procedures and criteria Enterprises with respect to the Service-Disabled Veteran- Owned Business Enterprise program

HEALTH, DEPARTMENT OF

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

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

HLT-07-18-00002-P ...... 02/14/19 Medicaid Reimbursement of Nursing Facility To make changes relating to reserved bed Reserved Bed Days for Hospitalizations payments made by Medicaid to nursing facilities

HLT-25-18-00008-P ...... 06/20/19 Inpatient Psychiatric Services To enhance reimbursement mechanisms for inpatient psychiatric services

HLT-30-18-00008-P ...... 07/25/19 Voluntary Foster Care Agency Health Facility To license Voluntary Foster Care Agencies to Licensure provide limited health-related services

HLT-31-18-00004-P ...... 08/01/19 Newborn Screening for Phenylketonuria and To support timely collection and submission of Other Diseases specimens for the detection of diseases in newborn infants in New York State

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

HLT-33-18-00017-P ...... 08/15/19 Patients’ Bill of Rights Require general hospitals and diagnostic and treatment centers to update their statements of patient rights.

HLT-34-18-00006-P ...... 08/22/19 Statewide Planning and Research To revise the SPARCS regulation related to Cooperative System (SPARCS) data intake.

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

HLT-37-18-00008-P ...... 09/12/19 Update Standards for Adult Homes and To prohibit residential providers from excluding Standards for Enriched Housing Programs an applicant based solely on the individual’s status as a wheelchair user.

HLT-42-18-00006-P ...... 10/17/19 Durable Medical Equipment; Medical/Surgical To amend the Department’s regulation Supplies; Orthotic and Prosthetic Appliances; governing Medicaid coverage of orthopedic Orthopedic Footwear footwear and compression and support stockings

HLT-42-18-00007-P ...... 10/17/19 Stroke Services NYS criteria for stroke ctr. designation as part of an accrediting process for cert. by nationally recognized accredit. agencies

29 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF

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

HLT-47-18-00002-P ...... 11/21/19 Food Service Establishments To restrict the use of liquid Nitrogen and Dry Ice in food preparation

HLT-51-18-00001-P ...... 12/19/19 HIV Uninsured Care Programs To amend the HIV Uninsured Care Programs to align program eligibility elements with other health care access programs

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

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

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

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

LABOR, DEPARTMENT OF

*LAB-47-17-00011-RP ...... 02/20/19 Employee Scheduling (Call-In Pay) To strengthen existing call-in pay protections involving employee scheduling

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

LAW, DEPARTMENT OF

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

LIQUOR AUTHORITY, STATE

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

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

30 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

LONG ISLAND POWER AUTHORITY

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

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

LPA-37-18-00009-P ...... exempt The Authority’s transmission and distribution To update the Tariff to implement an annual property taxes as reﬂected in the Adjustments adjustment to recover payments in lieu of T&D section of the Authority’s Tariff. property taxes.

LPA-37-18-00010-P ...... exempt The Authority’s annual budget, as reﬂected in To update the Tariff to implement the the rates and charges in the Tariff for Electric Authority’s annual budget and corresponding Service. rate adjustments.

LPA-37-18-00011-P ...... exempt The terms and conditions of the Authority’s To implement Federal Communications Tariff for Electric Service regarding customer Commission guidance regarding customer contacts by telephone. contacts via mobile electronic devices.

LPA-37-18-00012-P ...... exempt The small generator interconnection To update the small generator interconnection procedures in the Authority’s Tariff for Electric procedures consistent with Public Service Service Commission guidance

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

LPA-37-18-00014-P ...... exempt The Authority’s Tariff for Electric Service, To implement an option for high efficiency LED Service Classification No. 7 Outdoor Area light bulbs and fixtures for Outdoor Area Lighting Lighting

LPA-37-18-00015-P ...... exempt Uniform Business Practices for Distributed To update the Tariff to implement Uniform Energy Resource Suppliers in the Authority’s Business Practices for Distributed Energy Tariff for Electric Service. Resource Suppliers.

LPA-37-18-00016-P ...... exempt The metering provisions of the Authority’s To implement a customer option to decline Tariff for Electric Service installation of a smart meter and associated fees

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

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

MENTAL HEALTH, OFFICE OF

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

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

31 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

NIAGARA FALLS WATER BOARD

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

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

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

NFT-01-19-00001-P ...... 01/02/20 Procurement Guidelines of the Niagara To amend Procurement Guidelines to reﬂect Frontier Transportation Authority and Niagara changes in law, clarifying provisions and Frontier Transit Metro System, Inc. change in signing authority level

OGDENSBURG BRIDGE AND PORT AUTHORITY

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

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF

PKR-48-18-00006-P ...... 11/28/19 The regulation of pets in OPRHP facilities To adopt one statewide pet regulation that replaces regional regulations that are inconsistent with each other

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-07-18-00001-ERP ...... 02/14/19 Enrollment in Medicare Prescription Drug To allow individuals to be enrolled in a FIDA- Plans and Fully Integrated Duals Advantage IDD plan when individuals are unable to enroll Plans for IDD themselves

PDD-45-18-00001-EP ...... 11/07/19 Telehealth To authorize telehealth as a new modality for the delivery of clinical services

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

PAS-42-18-00005-P ...... exempt Rates for the Sale of Power and Energy To align rates and costs

PUBLIC SERVICE COMMISSION

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

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

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

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

32 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

33 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

34 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

35 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

36 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

37 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

38 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

41 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

42 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

43 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

44 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

45 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

46 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

47 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

48 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

49 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

51 Action Pending Index NYS Register/January 2, 2019 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-17-15-00007-P ...... exempt To consider the petition of Leatherstocking To consider the petition of Leatherstocking Gas Gas Company, LLC seeking authority to issue Company, LLC seeking authority to issue long- long-term debt of $2.75 million term debt of $2.75 million

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

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

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

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

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

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

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

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

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

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

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

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

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

52 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

53 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

54 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

55 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

56 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

57 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

PSC-22-18-00007-P ...... exempt Intent to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

PSC-22-18-00008-P ...... exempt Intent to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

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

PSC-23-18-00010-P ...... exempt Community Distributed Generation project To ensure just and reasonable rates, including rules. compensation, for distributed energy resources.

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

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

PSC-24-18-00015-P ...... exempt To determine the use of investments to be Commission oversight of electric and gas made in lieu of a penalty action. distribution companies and safe and adequate service.

PSC-26-18-00015-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections.

PSC-28-18-00004-P ...... exempt The 2017 Outcome-based EAM Collaborative To ensure the establishment of fair and Report. equitable metrics, targets and associated incentive levels.

PSC-28-18-00005-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and energy efﬁciency protections are in place.

58 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

PSC-28-18-00013-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

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

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

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

PSC-30-18-00005-P ...... exempt Petition for use of gas metering equipment. To ensure that consumer bills are based on accurate measurements of gas usage.

PSC-30-18-00006-P ...... exempt Petition for use of electric metering To ensure that consumer bills are based on equipment. accurate measurements of electric usage.

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

PSC-31-18-00012-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-32-18-00014-P ...... exempt Petition for clariﬁcation and rehearing of the To encourage energy efﬁciency measures and Rate Order. right of way maintenance and to ensure just and reasonable rates.

PSC-34-18-00010-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

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

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

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

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

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

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

59 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

PSC-35-18-00009-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

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

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

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

PSC-37-18-00005-P ...... exempt Notice of intent to submeter electricity and To ensure adequate submetering equipment, waiver request. consumer protections and energy efﬁciency protections are in place.

PSC-38-18-00001-P ...... exempt Waiver request of Opinion No. 76-17 and 16 To consider not requiring living units of the NYCRR Part 96. facility to be metered.

PSC-39-18-00004-P ...... exempt To establish Rider J - Smart Home Rate. To provide residential customers the opportunity to better manage their energy costs.

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

PSC-39-18-00006-P ...... exempt To establish Rider AB - Smart Home Rate. To provide residential customers the opportunity to better manage their energy costs.

PSC-39-18-00007-P ...... exempt To implement enhanced safety pilot programs To provide customers with enhanced safety and energy efﬁciency initiatives. and environmental beneﬁts.

PSC-40-18-00013-P ...... exempt Commission programs for meter service To prevent confusion from maintaining providers and meter data service providers. unnecessary programs.

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

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

PSC-40-18-00016-P ...... exempt Proposed transfer of the Company’s assets to To determine if transfer of the water system to the Town and dissolution of the Company. the Town of Delaware is in the public interest.

PSC-40-18-00018-P ...... exempt Waiver of PSC regulations, 16 NYCRR To ensure that adequate maps and system Sections 86.3(a)(2), (b)(2) and 88.4(a)(4). studies support the application.

PSC-40-18-00019-P ...... exempt Issuance of long-term debt securities. To provide funding for safety and reliability capital projects, maturing debt, and reﬁnancing variable rate to ﬁxed rate debt.

60 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-40-18-00020-P ...... exempt Issuance of long-term debt securities. To provide funding for safety and reliability capital projects, maturing debt, and reﬁnancing variable rate to ﬁxed rate debt.

PSC-41-18-00003-P ...... exempt Initial Tariff Schedule, P.S.C. No. 1 - Water To provide the rates, rules, and regulations and waiver of rate setting authority under which water service will be provided to the customers of the system

PSC-41-18-00004-P ...... exempt Internal reorganization and stock transfer To determine if the proposed reorganization and stock transfer is in the public interest and beneﬁcial to ratepayers

PSC-41-18-00005-P ...... exempt Authorization to enter into a long-term loan For system improvements and full repayment agreement of existing loan

PSC-42-18-00009-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-42-18-00010-P ...... exempt Rehearing and/or reconsideration of the Tax To determine if the Commission was correct to Charges Rate Treatment Order. require small telecom utilities to defer ongoing tax savings.

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

PSC-42-18-00012-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

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

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

PSC-44-18-00008-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-44-18-00009-P ...... exempt Water rates and charges. To shift ﬁre protection costs from the Town to its residents’ water bills.

PSC-44-18-00010-P ...... exempt Interruptible/Temperature Controlled gas To consider the terms and conditions service Collaborative report recommendations applicable to interruptible and temperature and tariff changes. controlled gas service.

PSC-44-18-00011-P ...... exempt Modiﬁcations to electric supply reconciliation To improve the reconciliation of supply-related mechanism. costs for hourly-priced customers.

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

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

PSC-44-18-00014-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations sections 86.3(a)(1), (a)(2) and (b)(2). relating to the content of an application for transmission line siting.

61 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-44-18-00015-P ...... exempt Con Edison’s petition for the Non-Pipeline To pursue projects that continue service Solutions Portfolio and associated budget. reliability and meet customer energy needs while aiding greenhouse gas reduction goals.

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

PSC-45-18-00003-P ...... exempt Eliminating a ﬁnancial incentive for utility To consider encouraging utility performance performance, the interconnection earnings while creating customer savings adjustment mechanism

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

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

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

PSC-46-18-00013-EP ...... exempt Acquisition of cable television assets and To ensure continued service to Hamilton franchises. County Cable customers.

PSC-47-18-00004-P ...... exempt Ampersand Cranberry Lake Hydro LLC’s To promote and maintain renewable electric 500kw hydroelectric facility in the Town of energy resources. Clifton, New York.

PSC-47-18-00005-P ...... exempt Waiver of certain rules pertaining to cable To determine whether to waive any rules and television franchise. regulations.

PSC-47-18-00006-P ...... exempt Modiﬁcation of NMPC Estimating Metric To reﬂect an appropriate Estimating Metric project list. project list for NMPC.

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

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

PSC-48-18-00005-P ...... exempt Purchase of gas safety equipment for To provide Westchester County ﬁre Westchester County ﬁre departments departments gas safety equipment they state they need to respond to odor reports

PSC-49-18-00006-EP ...... exempt Appointment of a temporary operator. To determine if a temporary operator is needed to ensure the safe and adequate provision of water service.

PSC-50-18-00002-P ...... exempt Waiver of tariff provision To determine if it is the public interest to waive individual metering requirements for the planned senior housing

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

PSC-50-18-00004-P ...... exempt Sale of street lighting facilities to the City of To determine whether to approve the transfer Albany of street lighting facilities in the City of Albany

62 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-50-18-00005-P ...... exempt Establishment of the regulatory regime To ensure appropriate regulation of a new applicable to an approximately 100 MW electric corporation electric generating facility

PSC-51-18-00011-P ...... exempt The 2018 Outcome-Based EAM Collaborative To ensure the establishment of fair and Report. equitable metrics, targets and associated incentive levels.

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

PSC-51-18-00013-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-51-18-00014-P ...... exempt Consideration for the use of the expired CDP To provide potential customers affordable funds. access to natural gas service.

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

PSC-52-18-00007-P ...... exempt Transfer of certain street lighting facilities. To consider the transfer of certain street lighting facilities located in the City of Canandaigua.

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

PSC-52-18-00009-P ...... exempt Compensation of distributed energy To ensure just and reasonable rates, including resources. compensation, for distributed energy resources.

PSC-52-18-00010-P ...... exempt Installed Reserve Margin. To ensure adequate levels of Installed Capacity.

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

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

PSC-52-18-00013-P ...... exempt Compensation of distributed energy To ensure just and reasonable rates, including resources. compensation, for distributed energy resources.

PSC-01-19-00003-P ...... exempt Proposed revisions to RG&E’s Dynamic Load More efﬁcient demand response programs to Management Programs. gain operational efﬁciency and shave peak demand.

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

PSC-01-19-00005-P ...... exempt Proposed revisions to O&R’s Dynamic Load More efﬁcient demand response programs to Management Programs. gain operational efﬁciency and shave peak demand.

PSC-01-19-00006-P ...... exempt Proposed revisions to NYSEG’s Dynamic More efﬁcient demand response programs to Load Management Programs. gain operational efﬁciency and shave peak demand.

63 Action Pending Index NYS Register/January 2, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

PSC-01-19-00008-P ...... exempt Proposed revisions to Central Hudson’s More efﬁcient demand response programs to Dynamic Load Management Programs. gain operational efﬁciency and shave peak demand.

PSC-01-19-00009-P ...... exempt Waiver of main extension rules, service Whether a proposed agreement for the territory extension and agreement for provision of water service by Saratoga Water provision of service. Services, Inc. is in the public interest.

PSC-01-19-00010-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-01-19-00011-P ...... exempt Proposed revisions to National Grid’s More efﬁcient demand response programs to Dynamic Load Management Programs. gain operational efﬁciency and shave peak demand.

PSC-01-19-00012-P ...... exempt National Grid’s electric Economic To consider modiﬁcations to National Grid’s Development Programs. economic development assistance programs.

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

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

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

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

STATE UNIVERSITY OF NEW YORK

SUN-44-18-00003-P ...... 10/31/19 Proposed amendments to the trafﬁc and Amend existing regulations to update trafﬁc parking regulations at State University and parking regulations College at Oneonta

SUN-49-18-00008-P ...... 12/05/19 University Faculty Senate To clarify that the vice-president/secretary of the University Faculty Senate (‘‘UFS’’) shall be a voting member of the UFS

TAXATION AND FINANCE, DEPARTMENT OF

TAF-48-18-00003-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 administered therewith January 1, 2019 through March 31, 2019

TAF-48-18-00004-EP ...... 11/28/19 Metropolitan Transportation Business Tax To provide metropolitan transportation business Surcharge tax rate for tax year 2019

64 NYS Register/January 2, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

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

TDA-41-18-00002-EP ...... 10/10/19 Standard Utility Allowances (SUAs) for the These regulatory amendments set forth the Supplemental Nutrition Assistance Program federally-mandated and approved SUAs as of (SNAP) 10/1/18

TDA-49-18-00009-EP ...... 12/05/19 Outreach, Homeless Services Plans and To promote effective planning and strategic use Outcome Reporting of resources by social service districts

TRANSPORTATION, DEPARTMENT OF

TRN-47-18-00001-P ...... 11/21/19 Regulation of transportation of hazardous Corrects omissions in State regulations materials by commercial motor carriers in associated with Title 49 CFR provisions related New York State to transport of hazardous materials

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

TBA-49-18-00011-P ...... exempt A proposal to establish a new crossing charge A proposal to raise additional revenue schedule for use of bridges and tunnels operated by TBTA WORKERS’ COMPENSATION BOARD

WCB-52-17-00021-RP ...... 03/27/19 Establishment of Prescription Drug Formulary Establishment of a drug formulary that includes high-quality and cost-effective preauthorized medication

WCB-49-18-00010-P ...... 12/05/19 Pharmacy Fee Schedule Update the pricing methodology for prescription drugs

REGULATORY AGENDA

Education Department Amendment of section 100.4 of the Commissioner’s Regulations relating to program requirements in grades 5-6 to reflect the adoption Pursuant to section 202-d of the State Administrative Procedure of the Learning Standards. A regulatory flexibility analysis for local Act, the State Education Department presents its regulatory agenda government and a rural area flexibility analysis may be required. for calendar year 2019. All section and part references are to Title 8 of Amendments to section 100.2(l) of the Commissioner’s Regula- the New York Code of Rules and Regulations. The State Education tions relating to School conduct and discipline to address the topics of Department reserves the right to add, delete or modify, without further progressive discipline, restorative practices, and equity in school notice, except as required by the State Administrative Procedure Act, discipline. A regulatory flexibility analysis for local government and a any item or information presented herein as relating to the 2019 rural area flexibility analysis may be required. Regulatory Agenda. Amendment of section 100.7 of the Commissioner’s Regulations OFFICE OF P-12 EDUCATION relating to the State High School Equivalency Program to increase the Addition of a new Part of the Commissioner’s Regulations pertain- age of eligibility and minimum number of hours required by the ing to the requirements for student and teacher data privacy and secu- program. A regulatory flexibility analysis for local government and a rity pursuant to Education Law section 2-d, as added by Subpart L of rural area flexibility analysis may be required. Part AA of Chapter 56 of the Laws of 2014. A rural area flexibility Amendment of section 100.4(d) of the Commissioner’s Regulations analysis and/or a regulatory flexibility analysis may be required. relating to grade eight acceleration for diploma credit. A regulatory Amendment of Parts 52 and 80 of the Commissioner’s Regulations flexibility analysis for local government and a rural area flexibility to require all prospective teachers to complete coursework on English analysis may be required. Language Learner instructional needs, co-teaching strategies, and integrating language and content instruction for English Language Amendment of section 100.5(a), (b) and (c) of the Commissioner’s Learners. A regulatory flexibility analysis for local government and a Regulations relating to graduation and diploma requirements. A rural area flexibility analysis may be required. regulatory flexibility analysis for local government and a rural area Amendment of section 100.1(a) of the Commissioner’s Regulations flexibility analysis may be required. relating to the definition of a unit of study. A regulatory flexibility Amendment to section 100.5(d)(12) of the Commissioner’s Regula- analysis for local government and a rural area flexibility analysis may tions relating to the superintendent determination option. A regulatory be required. flexibility analysis for local government and a rural area flexibility Amendment of section 100.1(b) of the Commissioner’s Regulations analysis may be required. relating to the definition of a unit of credit. A regulatory flexibility Amendment to section 100.10(h) of the Commissioner’s Regula- analysis for local government and a rural area flexibility analysis may tions to expand and/or modify the list of annual assessments to be be required. utilized by home instructed students. A regulatory flexibility analysis Amendment of section 100.2(i) of the Commissioner’s Regulations for local government and a rural area flexibility analysis may be to allow the reporting of complaints about the use of corporal punish- required. ment by BOCES, district or charter school personnel to be done once Addition of section 100.22 of the Commissioner’s Regulations re- a year. A regulatory flexibility analysis for local government and a ru- lating to students in foster care. A regulatory flexibility analysis for lo- ral area flexibility analysis may be required. cal government and a rural area flexibility analysis may be required. Amendment of Section 100.2(kk) of the Commissioner’s Regula- Amendment of Part 117 of the Commissioner’s Regulations relat- tions relating to dignity act reporting requirements and collecting data ing to diagnostic screening for students who are new entrants, or who regarding the number of school threats each year. A regulatory flex- have low test scores in reading or mathematics. A regulatory flexibility analysis for local government and a rural area flexibility analy- ibility analysis for local government and a rural area flexibility analysis may be required. sis may be required. Amendment to section 100.2(y)(3) to require that school districts, Amendment of Part 118 of the Commissioner’s Regulations relat- when notifying parents that students are not residents of the district, ing to new provisions in New York State’s Every Student Succeeds must, wherever practicable, specify which district they may be entitled Act plan regarding incarcerated youth. A regulatory flexibility analy- to enroll in. A regulatory flexibility analysis for local government and sis for local government and a rural area flexibility analysis may be a rural area flexibility analysis may be required. required. Amendment to Section 100.5(b) to allow districts to develop and Amendment of section 119.1 of the Commissioner’s Regulations implement Arts and Health coursework and curriculum without the relating to financing of charter schools to correct a citation and ad- approval of the State Education Department. A regulatory flexibility dress statutory changes. A regulatory flexibility analysis for local analysis for local government and a rural flexibility analysis may be government and a rural area flexibility analysis may be required. required. Amendment of section 119.3 of the Commissioner’s Regulations Amendment of section 100.3 of the Commissioner’s Regulations relating to charter school report cards to correct a citation. A regula- relating to the PreK-4 Program requirements to reflect the adoption of tory flexibility analysis for local government and a rural area flex- the Learning Standards. A regulatory flexibility analysis for local ibility analysis may be required. government and a rural area flexibility analysis may be required. Amendment of section 119.4 of the Commissioner’s Regulations

67 Regulatory Agenda NYS Register/January 2, 2019 relating to the location and timelines for charter school hearings. A Amendment to sections 200.5(h) and (j) of the Commissioner’s regulatory flexibility analysis for local government and a rural area Regulations relating to mediation and impartial due process hearings flexibility analysis may be required. for students with disabilities parentally placed in private schools, as Amendment of section 119.5 of the Commissioner’s Regulations may be necessary to conform to changes to State statute. A regulatory relating to charter school preferences. A regulatory flexibility analysis flexibility analysis for local government and a rural area flexibility for local government and a rural area flexibility analysis may be analysis may be required. required. Amendment of 200.5(l) of the Regulations of the Commissioner of Addition of a new Part 121 of the Regulations of the Commissioner Education relating to appeals of State complaint findings. A regulatory of Education relating to the requirements for a basic educational data flexibility analysis for local government and a rural area flexibility system code for nonpublic school sites. A regulatory flexibility analy- analysis may be required. sis for local government and a rural area flexibility analysis may be Amendment of section 200.6 of the Commissioner’s Regulations required. relating to approval of State reimbursement for students with dis- Amendment of Part 125 of the Commissioner’s Regulations relat- abilities in approved private school placements. A regulatory flex- ing to the requirements for the voluntary registration of nonpublic ibility analysis for local government and a rural area flexibility analy- nursery schools and kindergartens. A regulatory flexibility analysis for sis may be required. local government and a rural area flexibility analysis may be required. Amendment of section 200.6 of the Commissioner’s Regulations Amendment of Part 136 of the Commissioner’s Regulations to relating to the minimum level of service requirements for consultant implement Chapter 373 of the Laws of 2016 and to make technical teacher services and resource room programs, maximum size for amendments, relating to school health services. A regulatory flex- special classes, maximum caseloads for consultant teachers and ibility analysis and a rural area flexibility analysis may be required. resource room teachers, and the maximum instructional group size in Amendment of section 144.11 of the Commissioner’s Regulations a resource room program. A regulatory flexibility analysis for local to eliminate the requirement that school districts have an Early Grade government and a rural area flexibility analysis may be required. Class Size Reduction Plan. A regulatory flexibility analysis for local Amendment of section 200.6 of the Commissioner’s Regulations government and a rural area flexibility analysis may be required. relating to the addition of specially designed reading instruction to the Amendment of Subpart 151-1 of the Commissioner’s Regulations continuum of services. A regulatory flexibility analysis for local to consolidate and update the provisions governing the Universal Pre- government and a rural area flexibility analysis may be required. kindergarten Program, consistent with statutory amendments and program implementation. A regulatory flexibility analysis for local Amendment of section 200.7 of the Commissioner’s Regulations government and a rural area flexibility analysis may be required. relating to conditions of approval and the program standards for Amendment of section 155.12 of the Regulations of the Commis- private schools approved to serve students with disabilities. A regula- sioner of Education relating to lease approval and building aid for tory flexibility analysis for local government and a rural area flex- leased school buildings and facilities by school districts. A regulatory ibility analysis may be required. flexibility analysis for local government and a rural area flexibility Amendment of sections 200.7(b) and 200.13 of the Commissioner’s analysis may be required. Regulations relating to length of school day. A regulatory flexibility Amendment of section 155.22(a)(3)(i)(d)(1) through (4) of the analysis for local government and a rural area flexibility analysis may Regulations of the Commissioner of Education relating to Qualified be required. Zone Academy Bonds ranking of eligible districts and allocation of Amendment of section 200.7(d) of the Commissioner’s Regulations funds. A regulatory flexibility analysis for local government and a ru- relating to the approval of the Commissioner of Education on an ap- ral area flexibility analysis may be required. pointment of a student with a disability to a State-supported school Amendment of section 155.23 of the Regulations of the Commis- and evaluations conducted by State-supported schools, as may be nec- sioner of Education relating to multi-year cost allowance. A regulatory essary to conform to changes to State statute. A regulatory flexibility flexibility analysis for local government and a rural area flexibility analysis for local government and a rural area flexibility analysis may analysis may be required. be required. Amendment to Parts 100, 200 and 201 of the Commissioner’s Amendment of Section 200.9 of the Commissioner’s Regulations Regulations to make certain technical amendments, including correc- relating to tuition rates for approved special class integrated setting tions to cross citations, as may be appropriate, and to conform to pos- programs. A regulatory flexibility analysis for local government and a sible changes to Federal regulations or State statute. A regulatory flex- rural area flexibility analysis may be required. ibility analysis for local government and rural area flexibility analysis Amendment of section 200.16(c)(i) of the Commissioner’s Regula- may be required. tions relating to selection by the parent of an approved multidisci- Amendment of sections 200.1(x), 200.5(j) and 200.16(h) of the plinary evaluation program, as may be necessary to conform to State Commissioner’s Regulations relating to the impartial due process statute. A regulatory flexibility analysis for local government and a ru- hearing procedures, including the provisions relating to prehearing ral area flexibility analysis may be required. conferences and impartial hearing officer qualifications and impartial- Amendment of section 200.16(i) of the Commissioner’s Regula- ity, and as may be necessary to conform to State statute. A regulatory tions relating to preschool continuum of services and preschool inclu- flexibility analysis for local government and a rural area flexibility sion in early childhood programs. A regulatory flexibility analysis for analysis may be required. local government and a rural area flexibility analysis may be required. Amendment of section 200.2 of the Regulations of the Commis- Amendment of section 200.21(b) of the Commissioner’s Regula- sioner of Education relating to least restrictive environment place- tions relating to procedures for the suspension or revocation of ments of students with disabilities. A regulatory flexibility analysis for impartial hearing officer certification. A regulatory flexibility analysis local government and a rural area flexibility analysis may be required. for local government and a rural area flexibility analysis may be Amendment of section 200.3 of the Commissioner’s Regulations required. relating to membership of the Committee on Special Education, as Amendment of section 3.16(c)(1) of the Rules of the Board of may be necessary to conform to State statute. A regulatory flexibility Regents to update delegation of authority with respect to the approval analysis for local government and a rural area flexibility analysis may of changes to certain charter school revisions. A regulatory flexibility be required. analysis for local government and a rural area flexibility analysis may Amendment of section 200.4(d) of the Commissioner’s Regulations be required. relating to participation in State and districtwide alternate assessments, Amendment of section 3.17(a)(3) of the Rules of the Board of as may be necessary to conform to the Every Student Succeeds Act. A Regents to update the revocation proceeding and to allow the Board of regulatory flexibility analysis for local government and a rural area Regents to appoint a representative to hear oral arguments on behalf flexibility analysis may be required. of the Board of Regents and to make a determination in regard to such

68 NYS Register/January 2, 2019 Regulatory Agenda oral argument. A regulatory flexibility analysis for local government Amendment of Commissioner’s Regulations section 145-2.15(b)(2) and a rural area flexibility analysis may be required. to clarify the federally approved ability to benefit test administration Amendment of section 3.17(a)(3) of the Rules of the Board of for the purposes of the NYS Tuition Assistance Program. A regulatory Regents to update the revocation proceeding to revoke the certificate flexibility analysis for local government and a rural area flexibility of incorporation after the assets of the education corporations have analysis may be required. been discharged. A regulatory flexibility analysis for local government Amendment of Commissioner’s Regulations section 152-1.2 to and a rural area flexibility analysis may be required. insert language concerning remedial, developmental, and compensa- Agency Representative: tory courses. A regulatory flexibility analysis for local government Information may be obtained, and written comments may be submit- and a rural area flexibility analysis may be required. ted, concerning any of the above proposed amendments by contacting: Amendment of Commissioner’s Regulations Section 152-1.1 to Jhone M. Ebert, Senior Deputy Commissioner for Education Policy, amend applications to clarify that each application shall include the State Education Department, Rm. 875, Education Building Annex, 89 provision of a summer program that shall occur at the beginning of the Washington Ave., Albany, NY 12234, (518) 474-3862, e-mail: program year and to update obsolete processes and language. A regula- [email protected] tory flexibility analysis for local government and a rural area flex- OFFICE OF HIGHER EDUCATION ibility analysis may be required. Amendment of section 50.1 of the Commissioner’s Regulations to Amendment of Commissioner’s Regulations Part 50 and Part 54 to include a definition of a remedial course and a compensatory course amend the definitions and procedures related to off-campus instruc- as needed under sections 6451 and 6452 of the Education Law. A rural tion and locations. A regulatory flexibility analysis for local govern- area flexibility analysis and regulatory flexibility analysis may be ment and a rural area flexibility analysis may be required. required. Agency Representative: Amendment of Parts 50 and 52 of the Commissioner’s Regulations Information may be obtained, and written comments may be submit- concerning registration of undergraduate and graduate postsecondary ted, concerning any of the above proposed amendments by contacting: curricula. A rural area flexibility analysis and regulatory flexibility John D’Agati, Deputy Commissioner for the Office of Higher Educa- analysis may be required. tion, State Education Department, Office of Higher Education, Rm. Amendment of section 52.2(f) of the Commissioner’s Regulations 975, Education Building Annex, 89 Washington Ave., Albany, NY specifying the academic content of a transcript prepared by an Institu- 12234, (518) 486-3633, e-mail: [email protected] tion of Higher Education. A regulatory flexibility analysis for local OFFICE OF THE PROFESSIONS government and a rural area flexibility analysis may be required. Amendment of Part 29 of the Regents Rules relating to definitions Amendment of Part 80 of the Commissioner’s Regulations to create of unprofessional conduct in the public accountancy and certified pub- a certification extension for bilingual teaching assistants. A regulatory lic accountancy professions. A regulatory flexibility analysis for small flexibility analysis for local government and a rural area flexibility businesses and a rural area flexibility analysis may be required. analysis may be required. Amendment of Part 29 of the Regents Rules relating to definitions Amendment of section 80-1.9 of the Commissioner’s Regulations of unprofessional conduct in the pharmacy profession. A regulatory relating to the filing of district personnel data. A regulatory change flexibility analysis for small businesses and a rural flexibility analysis may be required to align the requirement for collecting personnel data may be required. which has changed from staff filing a paper form to an electronic filing Amendment of Part 69 of the Commissioner’s Regulations relating by school districts, BOCES and charter schools. A regulatory flex- to licensure by endorsement provisions for architects. A regulatory ibility analysis for local government and a rural area flexibility analy- flexibility analysis for small businesses and a rural area flexibility sis may be required. analysis may be required. Amendment of section 80-3.4 of the Commissioner’s Regulations Amendment of Part 70 of the Commissioner’s Regulations relating relating to education requirements for the professional certificate. A to the definitions of public accountancy and the certified public ac- rural area flexibility analysis may be required. countancy professions. A regulatory flexibility analysis for small busi- Amendment of sections 80-4.3 and 80-5.18 of the Commissioner’s nesses and a rural area flexibility analysis may be required. Regulations relating to the requirements for a Supplementary Bilin- Amendment of sections 52.14 and 73.1 relating to the education gual Education extension and the Supplementary English to Speakers requirements for licensure in the profession of chiropractic. A regula- of Other Languages certificate. A rural area flexibility analysis may be tory flexibility analysis for small businesses and a rural area flexibility required. analysis may be required. Amendment of Part 86 of the Commissioner’s Regulations relating Amendment of section 61.10 relating to the requirements for dental to the requirements for the Albert Shanker Grant. A rural area flex- anesthesia certification. A regulatory flexibility analysis for small busi- ibility analysis may be required. nesses and a rural area flexibility analysis may be required. Amendment of Part 135 of the Commissioner’s Regulations to Amendment of section 70.4 relating to the examination require- clarify the due process procedures relative to coaching licenses. A ments for licensure in the profession of public accountancy. A regula- regulatory flexibility analysis and a rural area flexibility analysis may tory flexibility analysis for small businesses and a rural area flexibility be required. analysis may be required. Amendment of Commissioner’s Regulations section 145-2.1(a)(iii) Agency Representative: to provide a definition of a remedial course(s). A regulatory flexibility analysis for local government and a rural area flexibility analysis may Information may be obtained, and written comments may be submit- be required. ted, concerning any of the above proposed amendments by contacting: Douglas E. Lentivech, Deputy Commissioner for the Professions, Amendment of Commissioner’s Regulations section 145-2.2 to State Education Department, Office of the Professions, 89 Washington provide a definition of the term “the recognized equivalent of such Ave., West Wing, Second Flr., Education Building, Albany, NY 12234, certificate” as found in Education Law section 661(4)(f) for the (518) 486-1765, e-mail: [email protected] purposes of determining eligibility for the NYS Tuition Assistance Program. A regulatory flexibility analysis for local government and a OFFICE OF CULTURAL EDUCATION rural area flexibility analysis may be required. Amendment of Part 90 of the Commissioner’s Regulations, relating Amendment of Commissioner’s Regulations section 145-2.15(b)(3) to the library and library system programs and services. A regulatory to clarify and establish jurisdiction over a student at the time of the flexibility analysis for local government and a rural area flexibility completion of secondary education. A regulatory flexibility analysis analysis may be required. for local government and a rural area flexibility analysis may be Agency Representative: required. Information may be obtained, and written comments may be submit-

69 Regulatory Agenda NYS Register/January 2, 2019 ted, concerning the above proposed amendment by contacting: Mark Agency Representative: Schaming, Deputy Commissioner for Cultural Education, State Educa- Information may be obtained, and written comments may be submit- tion Department, New York State Library, Rm. 10C34, Albany, NY ted, concerning any of the above proposed amendments by contacting: 12230, (518) 474-5930, e-mail: [email protected] Alison Bianchi, Counsel and Deputy Commissioner for Legal Affairs, Amendment of Part 188 of the Commissioner’s Regulations related State Education Building Rm. 112, 89 Washington Ave., Albany, NY to state government archives and records management to update the 12234, (518) 474-6400, e-mail: [email protected] agency fee list to match the current organizational structure of execu- OFFICE OF STATE REVIEW tive branch agencies. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required. Amendment of section 279.1 of the Commissioner’s Regulations, Amendment of Part 188 of the Commissioner’s Regulations related relating to the jurisdiction of a state review officer and procedures to state government archives and records management to update the regarding state review proceedings. A regulatory flexibility analysis annual fees for storage of records in a records center facility. A regula- for local government and a rural area flexibility analysis may be tory flexibility analysis for local government and a rural area flex- required. ibility analysis may be required. Amendment of section 279.2 of the Commissioner’s Regulations, Agency Representative: relating to timelines for serving and filing a notice of intention to seek Information may be obtained, and written comments may be submit- review; clarification of the procedures governing service of the notice ted, concerning any of the above proposed amendments by contacting: of intention to seek review. A regulatory flexibility analysis for local Tom Ruller, Assistant Commissioner for the State Archives, 9C49 government and a rural area flexibility analysis may be required. Cultural Education Center, Albany, NY 12230, (518) 474-5561, Amendment of section 279.4 of the Commissioner’s Regulations, e-mail: [email protected] relating to the initiation and scope of a request for review and the OFFICEOFADULTCAREERANDCONTINUINGEDUCA- timeliness of an appeal, clarification of the procedures governing ser- TION SERVICES (ACCES) vice of the request for review; clarification of the time in which a cross-appeal must be filed. A regulatory flexibility analysis for local Amendment of section 126.4(e)(2)(i) of the Commissioner’s government and a rural area flexibility analysis may be required. Regulations relating to standards and methods of instruction to revise the language to say: except as provided in subparagraph (iii) of this Amendment of section 279.5 of the Commissioner’s Regulations, paragraph, and notwithstanding any other provisions of law, any relating to the content and service of an answer; clarification of the student who is absent more than 15 percent of the total number of time in which an answer must be served and when service is complete. instructional hours offered during each marking period of the student’s A regulatory flexibility analysis for local government and a rural area program, excluding approved leaves of absence pursuant to paragraph flexibility analysis may be required. (6) of this subdivision, or who has not maintained satisfactory aca- Amendment of section 279.6 of the Commissioner’s Regulations, demic progress, shall be dismissed or placed on academic probation in relating to the content and service of additional pleadings upon the op- accordance with subparagraph (iii) of this paragraph. A regulatory posing party and filing with the Office of State Review; clarification flexibility analysis for local government and a rural area flexibility of procedures governing replies served together with an answer to a analysis may be required. cross-appeal; clarification of the time when service is complete. A Amendment of Parts 246 and 247 of the Commissioner’s Regula- regulatory flexibility analysis for local government and a rural area tions, regarding conforming and technical amendments pertaining to flexibility analysis may be required. the vocational rehabilitation and independent living programs. A Amendment of section 279.7 of the Commissioner’s Regulations, regulatory flexibility analysis for local government and a rural area relating to the provision of contact information for parties and non- flexibility analysis may be required. attorney advocates appearing before the Office of State Review. A Amendment of Part 246 of the Commissioner’s Regulations, relat- regulatory flexibility analysis for local government and a rural area ing to sheltered workshop programs and community rehabilitation flexibility analysis may be required. providers, necessary to conform to Federal regulations and to reflect Amendment of section 279.8 of the Commissioner’s Regulations, new standards for services established in contracts. A regulatory flex- relating to the form and content of pleadings and memoranda of law; ibility analysis for local government and a rural area flexibility analy- clarification of the requirement that pleadings be signed. A regulatory sis may be required. flexibility analysis for local government and a rural area flexibility Amendment of Parts 246 and 247 of the Commissioner’s Regula- analysis may be required. tions relating to the State vocational rehabilitation program operated Amendment of section 279.9 of the Commissioner’s Regulations, pursuant to Title I of the Rehabilitation Act, as may be appropriate to relating to content and submission of the hearing record. A regulatory conform to changes resulting from the passage of the Workforce In- flexibility analysis for local government and a rural area flexibility novation and Opportunity Act (WIOA) on July 22, 2014, which analysis may be required. amended the Rehabilitation Act. The Federal regulations were released Amendment of section 279.10 of the Commissioner’s Regulations, on August 19, 2016. A regulatory flexibility analysis for local govern- relating to requests for extensions of time. A regulatory flexibility ment and a rural area flexibility analysis may be required. analysis for local government and a rural area flexibility analysis may Agency Representative: be required. Information may be obtained, and written comments may be submit- Amendment of section 279.11 of the Commissioner’s Regulations, ted, concerning the modification or continuation of any of the above relating to calculating date by which service must be made. A regula- rules by contacting: Ceylane Meyers-Ruff, Director of VR Central tory flexibility analysis for local government and a rural area flex- Office Administration, Office of Adult Career and Continuing Educa- ibility analysis may be required. tion Services, Rm. 580 EBA, 89 Washington Ave., Albany, NY 12234, Amendment of section 279.12 of the Commissioner’s Regulations, (518) 474-2699, e-mail: [email protected] clarifying that state review officers may take into consideration OFFICE OF MANAGEMENT SERVICES multiple appeal files within the Office of State Review when they Amendment of Parts 187 and 188 to update regulations relating to involve the same student; clarifying the time in which a decision must the inspection and copying of State Education Department records be issued by a state review officer. A regulatory flexibility analysis and and to State Government Archives and Records Management. A a rural area flexibility analysis may be required. regulatory flexibility analysis and/or a rural area flexibility analysis Addition of 279.14 of the Commissioner’s Regulations, relating to may be required. ex parte communications. A regulatory flexibility analysis for local Amendment of Parts 275 and 276 of the Commissioner’s Regula- government and a rural area flexibility analysis may be required. tions relating to appeals to the Commissioner. A regulatory flexibility Agency Representative: analysis and/or a rural area flexibility analysis may be required. Information may be obtained, and written comments may be submit-

70 NYS Register/January 2, 2019 Regulatory Agenda ted, concerning any of the above proposed amendments by contacting: 3255. Telephone: 518-402-8403. E-mail: [email protected] Please Justyn P. Bates, Office of State Review, 80 Wolf Rd., Suite 203, include the Part number when emailing. Albany, NY 12203, (518) 485-9373, e-mail: [email protected] 6 NYCRR Part 212, Process Operations. This proposal will repeal subpart 212-4, Control of nitrogen oxides for hot mix asphalt (HMA) Department of Environmental Conservation production plants. The requirements of 212-4 will be folded into a source specific regulation under Part 220-3. which specifically address Introduction the emissions of particulate, carbon monoxide, sulfur dioxide, NOx Each year, pursuant to SAPA, the Department publishes a Regula- and High Toxicity Air Contaminants (HTAC) such as formaldehyde, tory Agenda in the State Register and on its website. This is a listing benzene and polycyclic aromatic hydrocarbons from HMA production of the regulations that may be proposed for adoption or amendment plants. The proposed 220-3 regulation will enact stricter requirements within that calendar year. for new sources built after the applicability date while addressing the Division of Air Resources existing facilities with requirements that are easily interpreted from Region to Region. Also, Part 212-1, General Provisions, will be 6 NYCRR Part 200, General Provisions. Amendments to Section revised to allow for a second compliance option when a source owner 200.10 will be evaluated to update the list of Federal air regulations is required to demonstrate compliance with a Federal NESHAP for which the Department has incorporated by reference. This (National Emissions Standard for Hazardous Air Pollutants) regula- rulemaking would require a Regulatory Flexibility Analysis for Small tion which controls the emissions of High Toxicity Air Contaminants. Businesses and Local Governments and a Rural Area Flexibility This rule making will require a Regulatory Flexibility Analysis for Analysis. Contact: Steve Yarrington, New York State Department of Small Businesses and Local Governments and a Rural Area Flexibility Environmental Conservation, 625 Broadway, Albany, New York, Analysis and a Job Impact Analysis. Contact: Steven DeSantis, New 12233-3254. Telephone 518-402-8403. Email: [email protected] York State Department of Environmental Conservation, 625 Broad- Please include the Part number when emailing. way, Albany, NY 12233-3251. Telephone: 518-402-8402. E-mail: 6 NYCRR Part 201 Permits and Registrations, Part 201 will be [email protected] Please include the Part number when emailing. amended to make certain minor wording changes, correct typographi- 6 NYCRR Part 218, Emissions Standards for Motor Vehicles and cal errors, and other minor corrections to ensure consistent implemen- Motor Vehicle Engines. The Department is considering revisions to 6 tation across regions. This rule making will require a Regulatory Flex- NYCRR Part 218 to clarify that the deem to comply provisions for ibility Analysis for Small Businesses and Local Governments and a model year 2021- 2025 only applies to those Federal standards which Rural Area Flexibility Analysis. Contact: Mark Lanzafame, New York were last amended as part of the October 16, 2015 rulemaking. The State Department of Environmental Conservation, 625 Broadway, deem to comply provision allows automobile manufacturers to dem- Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: onstrate compliance with Federal greenhouse gas emission standards [email protected] Please include the Part number when emailing. in lieu of California’s more stringent standards. This rulemaking will 6 NYCRR Subpart 202-2, Emission Statements. Existing Subpart require a Regulatory Flexibility Analysis for Small Businesses and 202-2 will be revised to require electronic submission of annual Emis- Local Governments and a Rural Area Flexibility Analysis. Contact: sion Statements beginning in 2021 (for calendar year 2020 emissions Jeff Marshall, New York State Department of Environmental Conser- reporting) for facilities subject to Title V of the Clean Air Act. This vation, 625 Broadway, Albany, New York 12233-3255. Telephone: rule making will require a Regulatory Flexibility Analysis for Small 518-402-8292. E-mail: [email protected] Please include the Part Businesses and Local Governments and a Rural Area Flexibility number when emailing. Analysis. Contact: Carlos Mancilla, New York State Department of 6 NYCRR Part 218, Emissions Standards for Motor Vehicles and Environmental Conservation, 625 Broadway, Albany, NY 12233- Motor Vehicle Engines. The Department is considering revisions to 6 3251. Telephone: 518-402-8396. E-mail: [email protected] Please NYCRR Subpart 218-7, Aftermarket Parts, to clarify or amend include the Part number when emailing. aftermarket catalytic converter prohibitions that currently apply to 6 NYCRR Part 203, Oil and Gas Sector Emissions. This is a new 1993, 1994, 1996 and subsequent model-year light and medium duty regulation to reduce volatile organic compound (VOC) and methane vehicles. This rule making will require a Regulatory Flexibility Anal- emissions from the oil and gas sector. This regulation is part of the ysis for Small Businesses and Local Governments and a Rural Area State’s Methane Reduction Plan and will also address and expand Flexibility Analysis. Contact: Jeff Marshall, New York State Depart- upon EPA’s control technique guideline for volatile organic compound ment of Environmental Conservation, 625 Broadway, Albany, New emissions from this sector. This rule making will require a Regulatory York 12233-3255. Telephone: 518-402-8292. E-mail: Flexibility Analysis for Small Businesses and Local Governments and [email protected]. Please include the Part number when emailing. a Rural Area Flexibility Analysis. Contact: Ona Papageorgiou, New 6 NYCRR Part 219, Incinerators. Existing Subpart 219-4 will be York State Department of Environmental Conservation, 625 Broad- amended to better reflect the current state of cremation technology way, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: and reduce emissions of particulate matter from new crematories [email protected] Please include the Part number when emailing. constructed in the state. In addition, Division of Air will sunset exist- 6 NYCRR Part 205, Architectural and Industrial Maintenance ing Subparts 219-5 and 219-6 by requiring that existing units subject Coatings. The existing regulation will be revised to include additional to these requirements be regulated by more stringent standards. and more restrictive volatile organic compound (VOC) limits. This Furthermore, a new Subpart 219-10 will be proposed to set a limit on rule making will require a Regulatory Flexibility Analysis for Small nitrogen oxide (NOx) emissions from municipal waste combustors. Businesses and Local Governments and a Rural Area Flexibility This rule making will require a Regulatory Flexibility Analysis for Analysis. Contact: Ona Papageorgiou, New York State Department of Small Businesses and Local Governments and a Rural Area Flexibility Environmental Conservation, 625 Broadway, Albany, NY 12233- Analysis. Contact: Mark Lanzafame, New York State Department of 3251. Telephone: 518-402-8396. E-mail: [email protected] Please Environmental Conservation, 625 Broadway, Albany, New York include the Part number when emailing. 12233-3255. Telephone: 518-402-8403. E-mail: [email protected]. 6 NYCRR Part 208, Landfill Gas Collection & Control Systems for Please include the Part number when emailing. Certain Municipal Solid Waste Landfills will be revised to include the 6 NYCRR Part 220: Revisions to Subpart 220-1, Portland Cement Federal emission guidelines at 40 CFR Part 60 Subpart Cf, Emission Plants, will include minor changes to better align with Federal regula- Guidelines and Compliance Times for Municipal Solid Waste tions and reduce monitoring costs. Subpart 220-3, Hot Mix Asphalt Landfills. The revisions may also include additional measures that Production Plants, will be a new regulation, replacing Subpart 212-4, will assist in meeting the goals of the States Methane Reduction Plan. to reduce criteria and non-criteria pollutants from asphalt plants. This rule making will require a Regulatory Flexibility Analysis for Subpart 220-3 is intended to streamline compliance for this source Small Businesses and Local Governments and a Rural Area Flexibility category while requiring best available control technologies. This Analysis. Contact: Daniel Brinsko, New York State Department of rulemaking will require a Regulatory Flexibility Analysis for Small Environmental Conservation, 625 Broadway, Albany, NY 12233- Businesses and Local Governments and a Rural Area Flexibility

71 Regulatory Agenda NYS Register/January 2, 2019

Analysis. Contact: Mike Miliani, NYS Department of Environmental mental Conservation, 625 Broadway, Albany, NY 12233-3251. Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8396. E-mail: [email protected]. Please Telephone: 518-402-8403. E-mail: [email protected] Please include include the Part number when emailing. the Part number when e-mailing. 6 NYCRR Subpart 228-1, Surface Coating Facilities. Existing 6 NYCRR Part 222, Distributed Generation Sources. Pursuant to an Subpart 228-1 will be revised to lower the volatile organic compound Order by the Supreme Court of the State of New York dated July 26, limits for surface coatings used in motor vehicle and mobile equip- 2017, the Department will develop a new rule to replace the rule ment repair and refinishing. This rule making will require a Regula- adopted on November 1, 2016. This rule making will require a Regula- tory Flexibility Analysis for Small Businesses and Local Governments tory Flexibility Analysis for Small Businesses and Local Governments. and a Rural Area Flexibility Analysis. Contact: Marie Barnes, New Contact: John Barnes, New York State Department of Environmental York State Department of Environmental Conservation, 625 Broad- Conservation, 625 Broadway, Albany, New York 12233-3255. way, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: Telephone: 518-402-8396. E-mail: [email protected]. Please [email protected]. Please include the Part number when emailing. include the Part number when emailing. 6 NYCRR Part 230, Gasoline Dispensing Sites and Transport 6 NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Vehicles. The existing rule will be amended to update and clarify test- Limitations. Revisions to this regulation entail the inclusion of pro- ing requirements for gasoline dispensing sites (gas stations) and to cess sources and incinerators as applicable stationary emission sources conform more closely with new Federal requirements and guidance. in New York State. These revisions will also include the lowering of The proposed changes will also require prior notification to the Depart- the sulfur-in-fuel limit for waste oil and the correction of typographi- ment for any mandated testing; as well as new vapor leak detection cal errors. This rule making will require a Regulatory Flexibility Anal- equipment; and remove Stage II requirements. This rule making will ysis for Small Businesses and Local Governments and a Rural Area require a Regulatory Flexibility Analysis for Small Businesses and Flexibility Analysis. Contact: Mike Jennings, New York State Depart- Local Governments and a Rural Area Flexibility Analysis. Contact: ment of Environmental Conservation, 625 Broadway, Albany, New Denise Prunier, New York State Department of Environmental Con- York 12233-3255. Telephone: 518-402-8403. E-mail: servation, 625 Broadway, Albany, New York 12233-3255. Telephone: [email protected]. Please include the Part number when emailing. 518-408-5574. E-mail: [email protected]. Please include the Part 6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Fuel. number when emailing. Revisions to this regulation were proposed in 2016. However, based 6 NYCRR Part 231, New Source Review. The existing rule will be on comments received during the public comment period, the Depart- amended to conform to changes under the Federal New Source Review ment decided that it would not be able to complete the rule making in (NSR) rule and the Supreme Court rulings. In particular, the Part 231 the time allowed under the State Administrative Procedures Act. revisions will include changes to NSR applicability based on emis- Therefore, the Department will propose a new rule making to address sions of greenhouse gases (GHGs) and requirements for particulate the significant comments received on the earlier proposal and include matter or particles with an aerodynamic diameter less than or equal to updated permitting references, updated rule citations, the incorpora- 2.5 micrometers (PM-2.5). The definitions section in 6 NYCRR Part tion of Federal waste oil pollutant content limits, the updating of mon- 200, General Provisions will also be revised to conform to the Federal itoring, recordkeeping, and reporting requirements, and the relocating rule. This rule making will require a Regulatory Flexibility Analysis of specific definitions from Subpart 225-2 to 6 NYCRR Part 200, Gen- for Small Businesses and Local Governments and a Rural Area Flex- eral Provisions. The new regulation will redefine what emission ibility Analysis. Contact: Steven Yarrington, New York State Depart- sources are eligible to fire waste oil, either as a permitted or exempt ment of Environmental Conservation, 625 Broadway, Albany, New emission source, and will lower the exempt source size eligibility York 12233-3254. Telephone: 518-402-8403. E-mail: threshold to match the size requirement in State and Federal hazard- [email protected]. Please include the Part number when emailing. ous waste regulations. This rule making will require a Regulatory 6 NYCRR Part 235, Consumer Products. The existing regulation Flexibility Analysis for Small Businesses and Local Governments and will be updated to implement additional Volatile Organic Compound a Rural Area Flexibility Analysis. Contact: Mike Jennings, New York (VOC) product content limits. This rule making will require a Regula- State Department of Environmental Conservation, 625 Broadway, tory Flexibility Analysis for Small Businesses and Local Governments Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: and a Rural Area Flexibility Analysis. Contact: Kenneth Newkirk, [email protected]. Please include the Part number when emailing. New York State Department of Environmental Conservation, 625 6 NYCRR Part 226, Solvent Metal Cleaning Processes. The exist- Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. ing regulation will be amended to remove out-of-date regulatory refer- E-mail: [email protected]. Please include the Part number when ences, update work practices, and establish requirements that meet the emailing. Federal control techniques guideline (CTG) for industrial cleaning 6 NYCRR Part 242, CO2 Budget Trading Program. The regulation solvents. This rule making will require a Regulatory Flexibility Anal- will be amended, as necessary and appropriate, to be consistent with ysis for Small Businesses and Local Governments and a Rural Area the Regional Greenhouse Gas Initiative 2016 Program Review. This Flexibility Analysis. Contact: John Henkes, New York State Depart- rule making will require a Regulatory Flexibility Analysis for Small ment of Environmental Conservation, 625 Broadway, Albany, New Businesses and Local Governments and a Rural Area Flexibility York 12233-3255. Telephone: 518-402-8403. E-mail: Analysis. Contact Laura Stevens, New York State Department of [email protected]. Please include the Part number when emailing. Environmental Conservation, 625 Broadway, Albany, NY 12233- 6 NYCRR Subpart 227-1, Stationary Combustion Installations. The 3251, Telephone: 518-402-8396. E-mail: [email protected]. Please existing regulation will be revised to remove ‘‘out-of-date’’ regulatory include the Part number when emailing. references, correct typographical errors, and update the permissible 6 NYCRR Part 247, Outdoor Wood Boilers. The existing regulation emission rates for particulate matter for both solid and liquid fuels. will be updated to conform to the emission standards and certification This rule making will require a Regulatory Flexibility Analysis for requirements of the Federal NSPS rule. This rule making will require Small Businesses and Local Governments and a Rural Area Flexibility a Regulatory Flexibility Analysis for Small Businesses and Local Analysis. Contact: Mike Jennings, New York State Department of Governments and a Rural Area Flexibility Analysis. Contact: Kenneth Environmental Conservation, 625 Broadway, Albany, New York Newkirk, New York State Department of Environmental Conserva- 12233-3255. Telephone: 518-402-8403. E-mail: [email protected]. tion, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402- Please include the Part number when emailing. 8396. E-mail: [email protected]. Please include the Part number when emailing. 6 NYCRR Subpart 227-2, NOx RACT. The existing regulation will be revised to lower NOx emissions from peaking turbines. This rule 6 NYCRR Part 257, Air Quality Standards. Part 257, subparts 257-2 making will require a Regulatory Flexibility Analysis for Small Busi- through 257-10, list the New York State Air Quality Standards (SAQS) nesses and Local Governments and a Rural Area Flexibility Analysis. promulgated by the Department over several decades. A number of Contact: Ona Papageorgiou, New York State Department of Environ- these SAQS are outdated and have been superseded by Federal air

72 NYS Register/January 2, 2019 Regulatory Agenda quality standards and will be repealed or revised. The Department proposes to repeal and replace Part 610 to: (1) incorporate appropriate proposes to make the necessary changes to this regulation to achieve language from the New York State Department of Transportation parity with Federal standards and support its mission to preserve and regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to the protect air quality. This rule making will require a Regulatory Flex- administration of the MOSF program, which has been solely handled ibility Analysis for Small Businesses and Local Governments and a by the Department since 1985; (2) repeal 17 NYCRR Parts 30, 31 and Rural Area Flexibility Analysis and a Job Impact Analysis. Contact: 32; (3) improve the consistency and clarity of language directing the Steven DeSantis, New York State Department of Environmental Con- administration of the MOSF program, which would make explicit in servation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518- regulation the procedures for licensing MOSFs; and (4) enhance mon- 402-8402. E-mail: [email protected]. Please include the Part itoring, maintenance, procedures, and equipment requirements to number when emailing. prevent leaks and spills. This rule making will require a Regulatory Division of Environmental Permits Flexibility Analysis for Small Businesses and Local Governments and 6 NYCRR, Part 621, Uniform Procedure Act (UPA). Part 621 was a Rural Area Flexibility Analysis. Contact: James Quinn, New York last substantially amended in 2006. Since that time several statutes State Department of Environmental Conservation, Division of and regulations that interface with Part 621 have been changed or Environmental Remediation, 625 Broadway, Albany, New York amended. The Department proposes to update the main text of Part 12233-7020. Telephone: 518-402-9553. E-mail: [email protected] 621 to align with those changes. Also several clarifications and correc- Please include ‘Part 610’ in the subject line when e-mailing. tions are proposed to correct inaccurate references and clarify permit- 6 NYCRR Part 611, Environmental Priorities and Procedures in Pe- ting procedures. This rule making will require a Regulatory Flexibility troleum Cleanup and Removal. The Department proposes to repeal Analysis for Small Businesses and Local Governments and a Rural and replace Part 611 to incorporate requirements from Article 12 of Area Flexibility Analysis. Contact: James Eldred, New York State the Navigation Law, which prohibits the discharge of petroleum and Department of Environmental Conservation, 625 Broadway, 4th Floor, provides for cleanup and removal of any petroleum discharge. This Albany, NY 12233-1750. Telephone: 518-402-9158. E-mail: rule making will require a Regulatory Flexibility Analysis for Small [email protected] Please include the Part number when Businesses and Local Governments and a Rural Area Flexibility emailing. Analysis. Contact: Kevin Hale, New York State Department of Division of Environmental Remediation Environmental Conservation, Division of Environmental Remedia- tion, 625 Broadway, Albany, New York 12233-7020. Telephone: 518- 6 NYCRR Part 375 (Subparts 375-1 to 375-4, and 375-6), Environ- 402-9553. E-mail: [email protected] Please include ‘Part 611’ in mental Remediation Programs. The Department proposes to amend the subject line when e-mailing. subparts 375-1 to 375-4, and 375-6 to: (1) incorporate legislative mandates which modify the tax incentives offered under the brownfield 6 NYCRR Part 613, Petroleum Bulk Storage Regulations. In this cleanup program (BCP); (2) incorporate the provision introduced in second phase of rulemaking for revisions to the Petroleum Bulk Stor- that legislation that a property is not eligible for the program unless age (PBS) regulations, the Department proposes to amend Part 613 to: the site ‘‘requires remediation,’’ which would be defined in these (1) achieve equivalency with 40 CFR Part 280 (Underground Storage regulations; (3) incorporate needed changes, clarifications, and Tank regulations), which is needed in order for the State to receive modifications to the regulations based on the experience developed State Program Approval from EPA by incorporating new requirements during the first decade of implementing the BCP. These changes would from the Federal regulations that the EPA promulgated in their July increase consistency across remedial programs administered by the 2015 rule making; (2) clarify language of the existing requirements; Division of Environmental Remediation and provide the Department and (3) incorporate State-initiated changes pertaining to the adminis- with the tools necessary to more effectively implement the programs; tration of the PBS program and its consistency with the CBS program, and (4) incorporate soil cleanup objective (SCO) changes, if any, where applicable. This rule making will require a Regulatory Flex- resulting from the statutorily required five-year review. This rule mak- ibility Analysis for Small Businesses and Local Governments and a ing will require a Regulatory Flexibility Analysis for Small Businesses Rural Area Flexibility Analysis. Contact: James Quinn, New York and Local Governments and a Rural Area Flexibility Analysis. State Department of Environmental Conservation, Division of Contact: William Ottaway, New York State Department of Environ- Environmental Remediation, 625 Broadway, Albany, New York mental Conservation, Division of Environmental Remediation, 625 12233-7020. Telephone: 518-402-9553. E-mail: [email protected] Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. Please include ‘Part 613’ in the subject line when e-mailing. E-mail: [email protected] Please include ‘Part 375’ in the subject Division of Fish and Wildlife line when e-mailing. 6 NYCRR Part 51, Public use of State Wildlife Management Areas. 6 NYCRR Parts 596, 597, 598, and 599, Chemical Bulk Storage Statutory Authority: ECL 1-0101, 3-0301, 9-0105, and 11-2101. DEC Regulations. In this second phase of rule making for revisions to the is proposing to amend 6 NYCRR Part 51 to more clearly identify pub- Chemical Bulk Storage (CBS) regulations, the Department proposes lic use compatible with the legal and intended purposes of Wildlife to amend Part 597 to update the list of hazardous substances and Management Areas for wildlife dependent recreation and wildlife clarify the spill reporting requirements. The Department also proposes conservation. Where appropriate, revisions will more closely mirror to repeal Parts 596, 598, and 599 and replace them with a new Part provisions in 6 NYCRR Part 190 Use of state lands. These amend- 598 to: (1) achieve equivalency with 40 CFR Part 280 (Underground ments may require a Regulatory Flexibility Analysis for Small Busi- Storage Tank regulations), which is needed in order for the State to nesses and Local Governments or a Rural Area Flexibility Analysis. receive State Program Approval from U.S. Environmental Protection Contact: Marcelo DelPuerto, New York State Department of Environ- Agency (EPA) by incorporating new requirements from the Federal mental Conservation, 625 Broadway, Albany, New York 12233-4754. regulations that the EPA promulgated in their July 2015 rule making; Telephone: 518-402-8883. E-mail: [email protected] Please and (2) incorporate State-initiated changes pertaining to the adminis- include the Part number when emailing. tration of the CBS program and its consistency with the Petroleum 6 NYCRR Parts 151, 153, 170, 174 and 182. Amendments to these Bulk Storage program, where applicable. This rule making will require regulations would be done as one package. a Regulatory Flexibility Analysis for Small Businesses and Local 6 NYCRR Part 151, Propagation and Sale of Fur-Bearing Animals. Governments and a Rural Area Flexibility Analysis. Contact: James The Department is proposing to amend 6 NYCRR Part 151 to bring Quinn, New York State Department of Environmental Conservation, the regulations current with changes to ECL 11-1907, which became Division of Environmental Remediation, 625 Broadway, Albany, New effective in April 2012. The statutory language now states that the York 12233-7020. Telephone: 518-402-9553. E-mail: department shall not issue any new licenses after April 1, 2012. The [email protected] Please include ‘Parts 597 and 598’ in the subject regulatory changes will provide for continued licensing of currently line when e-mailing. licensed individuals and will prohibit the issuance of new licenses. 6 NYCRR Part 610, Certification of Onshore Major Facilities [Ma- This amendment may require a Regulatory Flexibility Analysis for jor Oil Storage Facility (MOSF) Regulations]. The Department Small Businesses and Local Governments but not a Rural Area Flex-

73 Regulatory Agenda NYS Register/January 2, 2019 ibility Analysis. Contact: Joseph Therrien, New York State Depart- will place prohibitions on the use of certain refrigerants, foam-blowing ment of Environmental Conservation, Division of Fish and Wildlife, agents, and aerosols in equipment or consumer products where there 625 Broadway, Albany, New York 12233-4752. Telephone: 518-402- are safe and available alternatives. This regulation will be substantially 8985. E-mail: [email protected] Please include the Part similar to USEPA Significant New Alternatives Policy. This rulemak- number when emailing. ing will require a Regulatory Flexibility Analysis for Small Businesses 6 NYCRR Part 153, Preserve Licenses. The Department is propos- and Local Governments, a Rural Area Flexibility Analysis, and a Jobs ing to amend 6 NYCRR Part 153 to bring the regulations current with Impact Statement. Contact: Suzanne Hagell, Office of Climate changes to multiple Sections of the ECL. The statutory language has Change, New York State Department of Environmental Conservation, removed the requirement for marking domestic game species with a 625 Broadway, Albany, New York 12233-1030; phone: 518-402-8448; Department provided tag and has extended the shooting season autho- email [email protected] Please include the part number in rized for shooting preserve licenses. The regulatory changes will the subject line when e-mailing. remove the carcass tagging requirements in Section 153.1 and will Office of General Counsel extend the shooting season as allowed in Section 153.2. In addition, 6 NYCRR Part 175, Special Licenses and Permits-Definitions and the requirement for submission of an annual report will be removed Uniform Procedures. Part 175 will be updated to reflect the re- from Section 153.1. Contact: Joseph Therrien, New York State Depart- establishment of the Division of Marine Resources and to include ment of Environmental Conservation, Division of Fish and Wildlife, recently developed licenses and permits. It will be revised to add pro- 625 Broadway, Albany, New York 12233-4752. Telephone: 518-402- visions relating to the suspension of processing and review of license 8985. E-mail: [email protected] Please include the Part and permit applications, furnishing of financial security for certain li- number when emailing. censes and permits, and suspension of marine licenses and permits, 6 NYCRR Sections Part 170.1 and 170.3, Miscellaneous Licenses. and to clarify processes for the issuance, renewal, revocation and The Department is proposing to amend 6 NYCRR Sections 170.1 and transfer of special and marine licenses and permits. This rulemaking 170.3 to remove the $1 fee for licenses issued for the importation of will require a Regulatory Flexibility Analysis for Small Businesses fish or wildlife from without to within the state. Contact: Joseph Ther- and Local Governments and a Rural Area Flexibility Analysis. rien, New York State Department of Environmental Conservation, Contact: Anne Haas, New York State Department of Environmental Division of Fish and Wildlife, 625 Broadway, Albany, New York Conservation, 625 Broadway, Albany, New York 12233-3255. 12233-4752. Telephone: 518-402-8985. E-mail: Telephone: 518-402-9533. Email: [email protected]. Please [email protected] Please include the Part number when include the Part number when emailing. emailing. Office of Hearings and Mediation Services 6 NYCRR Part 174, Sale of Live Birds. The Department is propos- 6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. ing to amend 6 NYCRR Part 174 to simplify the regulatory language The Department proposes to clarify procedures governing default and to clearly state for what purposes a license is required. Part 174 procedures and motions for order without hearing, and make various will be repealed in its entirety and a new Part 174 will be written. typographical, technical and related corrections throughout. This rule Changes will also include the removal of the records retention require- making may require a Regulatory Flexibility Analysis for Small Busi- ment in 174.3(c). This amendment may require a Regulatory Flex- nesses, and a Rural Regulatory Flexibility Analysis. Contact: James T. ibility Analysis for Small Businesses but not a Rural Area Flexibility McClymonds, Chief Administrative Law Judge, New York State Analysis. Contact: Joseph Therrien, New York State Department of Department of Environmental Conservation, Office of Hearings and Environmental Conservation, Division of Fish and Wildlife, 625 Mediation Services, 625 Broadway, First Floor, Albany, New York Broadway, Albany, New York 12233-4752. Telephone: 518-402-8985. 12233-1550. E-mail: [email protected] Please include E-mail: [email protected] Please include the Part number the Part number when e-mailing. when emailing. 6 NYCRR Part 624, Permit Hearing Procedures. The Department 6 NYCRR Part 177, Sporting License Issuance and Use. Amend proposes to amend procedures governing issues conferences and current regulations to update proof of qualifications for certain licen- interim appeals to the Commissioner from issues rulings by the ses to be consistent with updated procedures and potential changes Administrative Law Judges, to clarify the procedures governing mo- necessary to issue sporting licenses as part of a statewide, shared ser- tion practice, to establish procedures governing trade secrets and other vices electronic licensing system that is currently under development. confidential information in adjudicatory hearings, to revise certain Also, amend current regulations concerning the description of what definitions and to make various typographical, technical and related constitutes a license issued by the Department to allow for electronic corrections. This rule making may require a Regulatory Flexibility sporting licenses to be carried and presented via electronic device(s). Analysis for Small Businesses, and a Rural Regulatory Flexibility This amendment may require a Regulatory Flexibility Analysis for Analysis. Contact: Louis A. Alexander, New York State Department Small Businesses or a Rural Area Flexibility Analysis Contact: Mary of Environmental Conservation, Office of Hearings and Mediation Bailey, New York State Department of Environmental Conservation, Services, 625 Broadway, 14th Floor, Albany, New York 12233-1010. Division of Fish and Wildlife, 625 Broadway, Albany, New York E-mail: [email protected] Please include the Part number 12233-4750, Telephone: 518-402-8869. E-mail: when e-mailing. [email protected] Division of Lands and Forests Division of Forest Protection 6 NYCRR Part 190, Use of State Lands. Addition of a new section 6 NYCRR Part 197, Part 197 will be amended to clarify the License to Part 190, Moscow Hill Camping and Assembly Area, to protect to Guide application criteria and review procedure for new applica- public safety and natural resources on this heavily used recreational tions and renewals. The amendment will also increase the guide facility. Contact: Robert Messenger, New York State Department of license fee for out of state residents to the statutory maximum of two- Environmental Conservation, Division of Lands and Forests, 625 hundred dollars per license. This rulemaking will require a Regulatory Broadway, Albany, New York 12233-4255, Telephone: (518) 402- Flexibility Analysis for Small Businesses and Local Governments. 9428, E-mail: [email protected] Please include the Part Contact: Colleen Kayser, New York State Department of Environmen- number when e-mailing. tal Conservation, 625 Broadway, Albany, New York 12233-2560. 6 NYCRR Part 190, Use of State Lands, Hemlock-Canadice State Telephone: 518-402-8838. Email: [email protected] Please Forest (Livingston-Ontario State Reforestation Area No.1). Amend include the Part number when emailing. existing section 190.26 by applying further restrictions on public use Office of Climate Change to protect the public water supply since Hemlock and Canadice lakes 6 NYCRR 494, Standards and Reporting for the Use of are a direct source of public water for the city of Rochester and other Hydrofluorocarbons. Statutory Authority: Environmental Conserva- communities. Contact: Robert Messenger, New York State Depart- tion Law, §§ 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19- ment of Environmental Conservation, Division of Lands and Forests, 0301, 19-0303, 19-0305, 71-2103, and 71-2105. This new regulation 625 Broadway, Albany, New York 12233-4255, Telephone: (518) 402-

74 NYS Register/January 2, 2019 Regulatory Agenda

9428, E-mail: [email protected] Please include the Part on existing forest preserve units and newly classified forest preserve number when e-mailing. units. Contact: Peter Frank, New York State Department of Environ- 6 NYCRR Part 190, Use of State Lands, Rush Oak Openings mental Conservation, Division of Lands and Forests, 625 Broadway, Unique Area. Amend section 190.10, Unique Areas to include a new Albany, New York 12233-4254, Telephone: (518) 473-9518, E-mail: section, Rush Oak Openings Unique Area. These regulations will [email protected] Please include the Part number when protect the unique area by prohibiting certain activities on the property. e-mailing. Contact: Robert Messenger, New York State Department of Environ- 6 NYCRR Part 199, Taxation of Forest Land. Amend the existing mental Conservation, Division of Lands and Forests, 625 Broadway, regulations to update them and provide effective administration of the Albany, New York 12233-4255, Telephone: (518) 402-9428, E-mail: program by lessening the administrative burden on participants and [email protected] Please include the Part number when provide clarity for addressing issues and situations that arise due to e-mailing. changing circumstances associated with private forest land ownership. 6 NYCRR Part 190, Use of State Lands. Amend section 190.13, This regulation will require the preparation of a Regulatory Flexibility Wilderness Areas in the Adirondack Park. These regulations will Analysis and a Rural Area Flexibility Analysis. Contact: Robert Mes- protect the natural resources in the Saint Regis Canoe Area from senger, New York State Department of Environmental Conservation, overuse by applying restrictions to group size, camping, campfires Division of Lands and Forests, 625 Broadway, Albany, New York and other activities. Contact: Peter J. Frank, New York State Depart- 12233-4255, Telephone: (518) 402-9428, E-mail: ment of Environmental Conservation, Division of Lands and Forests, [email protected] Please include the Part number when 625 Broadway, Albany, New York 12233-4254, Telephone: (518) 473- e-mailing. 9518, E-mail: [email protected] Please include the Part number 6 NYCRR Part 575, Prohibited and Regulated Invasive Species. when e-mailing. Amend sections 575.3, Prohibited Invasive Species and 575.4, 6 NYCRR Part 190, Use of State Lands. Addition of a new section Regulated Invasive Species to update these lists. The purpose of this to Part 190, Forest Preserve Health and Safety Land Account, that Part is to establish procedures to identify and classify invasive species would manage a “land account” of not more than 250 acres of forest and to establish a permit system to restrict the sale, purchase, posses- preserve land, that could be used for certain public health and safety sion, propagation, introduction, importation, and transport of invasive projects, the burial of utility lines in road corridors crossing forest species in New York, as part of the Department of Environmental Co- preserve lands and establishing bicycle trails within these road nservation’s statewide invasive species management program, as corridors. This regulation is authorized by amendments to Article XIV required by ECL sections 9-1709 and 71-0703. A Regulatory Flex- of the New York State Constitution that created the “land account.” ibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Peter Frank, New York State Department of Environmental Contact: Justin Perry, New York State Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, Conservation, Division of Lands and Forests, 625 Broadway, Albany, New York 12233-4254, Telephone: (518) 473-9518. E-mail: New York 12233-4254 (518) 402-9436, E-mail: [email protected] Please include the Part number when [email protected] Please include the Part number when e-mailing. e-mailing. 6 NYCRR Part 193, Trees and Plants. Amend sections 193.4, Division of Marine Resources Definitions, 193.5, Collection, Sale and Conservation of American 6 NYCRR Part 11, More than One Species. The Department is Ginseng in New York, 193.6, Certification of Ginseng, and 193.7, proposing amendments that pertain to the management of diadromous Ginseng Dealers. The purpose of the proposed regulation is to define fishes, including American eel, for taking, possessing, sale, or traffick- “wild-simulated” ginseng and clarify the definitions of “wild” and ing in the Harlem or East Rivers and the Hudson River. The amend- “cultivated” ginseng. Additionally, the proposed regulation would ments are needed for New York State to remain in compliance with include a new license requirement for legal ginseng harvest. fishery management plans developed by the Atlantic States Marine A Regulatory Flexibility Analysis and Rural Area Flexibility Analy- Fisheries Commission or as directed in the Federal Sustainable Fisher- sis will be prepared. Contact: Jason Denham, New York State Depart- ies Act for such species. They also comply with the requirements of ment of Environmental Conservation, Division of Lands and Forests, Environmental Conservation Law regarding the management of 625 Broadway, Albany, New York 12233-4254, Telephone: (518) 402- anadromous species. The purpose of these regulations is to protect and 9436, E-mail: [email protected] Please include the Part to maintain the health of these fish stocks. This rulemaking will require number when e-mailing. a Regulatory Flexibility Analysis for Small Businesses and Local 6 NYCRR Part 195, Permits for the Erection and Maintenance of Government and a Rural Area Flexibility Analysis. Contact: John Signs, Advertising Structures and Devices in the Catskill Park. These Maniscalco, New York State Department of Environmental Conserva- regulations will allow a modest increase in the size of signs and the tion, Division of Marine Resources, 205 N. Belle Meade Road, Suite distance of signs from businesses. Contact: Peter Innes, New York 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: State Department of Environmental Conservation, Division of Lands [email protected] Please include the Part number when and Forests, 625 Broadway, Albany, New York 12233-4250, emailing. Telephone: (518) 402-9405, E-mail: [email protected] Please 6 NYCRR Part 18, Taking Bait. The Department is proposing include the Part number when e-mailing. amendments that pertain to the management of diadromous fishes to 6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, take as bait for sportfishing through the use of fishing devices. The Aircraft and Motorized Equipment in the Forest Preserve. Amend sec- amendments are needed for New York State to remain in compliance tion 196.7, Operation of Bicycles in the Adirondack and Catskill For- with fishery management plans developed by the Atlantic States est Preserve. These regulations will update this section, including the Marine Fisheries Commission or as directed in the Federal Sustain- existing list of forest preserve wilderness areas where bicycles are able Fisheries Act for such species. They also comply with the require- prohibited. Contact: Peter Frank, New York State Department of ments of Environmental Conservation Law regarding the manage- Environmental Conservation, Division of Lands and Forests, 625 ment of anadromous species. The purpose of these regulations is to Broadway, Albany, New York 12233-4254, Telephone: (518) 473- protect and to maintain the health of these fish stocks. This rulemak- 9518, E-mail: [email protected] Please include the Part number ing will require a Regulatory Flexibility Analysis for Small Businesses when e-mailing. and Local Government and a Rural Area Flexibility Analysis. Contact: 6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, John Maniscalco, New York State Department of Environmental Con- Aircraft and Motorized Equipment in the Forest Preserve. Amend sec- servation, Division of Marine Resources, 205 N. Belle Meade Road, tion 196.8, Operation of Motorized Equipment in Wilderness, Primi- Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. tive, Primitive Bicycle Corridor and Canoe Areas within the Adiron- E-mail: [email protected] Please include the Part number dack and Catskill Parks. These regulations will update this section, when emailing. including establishing a list where motorized equipment is prohibited 6 NYCRR Part 35, Licenses. The Department proposes to establish

75 Regulatory Agenda NYS Register/January 2, 2019 new reporting requirements for certain inland commercial fishery report numbers on labels for quota managed species and adopt regula- license holders, consistent with those in Part 40 for the same regulated tions to clarify provision for records retention by food fish shippers species. The Department also proposes to reduce the number of types and dealers. of licenses issued and to increase the fees charged for certain licenses. The Department proposes amendments to establish seasonal area This rulemaking will require a Regulatory Flexibility Analysis for gear closures to decrease bycatch of Atlantic sturgeon. Small Businesses and Local Government and a Rural Area Flexibility The Department proposes: amendments to coastal shark regulations Analysis. Contact: John Maniscalco, New York State Department of to prohibit the harvest of blacknose sharks; regulations for shortfin Environmental Conservation, Division of Marine Resources, 205 N. mako and oceanic whitetip sharks, which could include minimum size Belle Meade Road, Suite 1, East Setauket, New York 11733. limits and/or adding them to the prohibited shark species list; a limited Telephone: 631-444-0430. E-mail: [email protected] exception for smoothhound sharks to the general prohibition on land- Please include the Part number when emailing. ing sharks without fins attached; seasonal adjustments of landing 6 NYCRR Part 36, Gear and Operation of Gear. The Department is limits for large coastal sharks and hammerheads; and an amendment proposing amendments that pertain to the management of diadromous specifying that recreational shark size limits are measured in fork fishes in the Hudson and Delaware Rivers and are needed to maintain length, in order to comply with NOAA requirements. The Department compliance with fishery management plans developed by the Atlantic also proposes to adopt gear restrictions for the shore based shark States Marine Fisheries Commission (ASMFC) or as directed in the fishery to discourage fishing on prohibited shark species. Federal Sustainable Fisheries Act for such species. The amendments The Department proposes additional regulations that ensure New will also comply with the requirements of Environmental Conserva- York State commercial and recreational fishermen remain in compli- tion Law regarding the management of anadromous species. This ance with NOAA shark fishery requirements. rulemaking will require a Regulatory Flexibility Analysis for Small The Department proposes amendments to cod and squid regulations Businesses and Local Government and a Rural Area Flexibility to allow for seasonal adjustments of landing limits and to revise the Analysis. Contact: John Maniscalco, New York State Department of commercial cod size limit. Environmental Conservation, Division of Marine Resources, 205 N. The Department proposes amendments to establish rules pertaining Belle Meade Road, Suite 1, E. Setauket, New York 11733. Telephone: to commercial tautog tag issuance, allocation, and accountability. The 631-444-0430. E-mail: [email protected] Please include Department also proposes regulations governing the application of the Part number when emailing. tags, the sale and possession of tagged and untagged fish, and 6 NYCRR Part 40, Marine Fish. reporting/record keeping requirements for harvesters and dealers as it The Department proposes to amend regulations pertaining to the pertains to tagged tautog. management of marine and diadromous fishes to maintain compliance The Department proposes rules to implement gillnet gear restric- with fishery management plans developed by the Atlantic States tions in the state ocean waters off the south shore of Long Island to Marine Fisheries Commission (ASMFC), or with the requirements of comply with the Federal Marine Mammal Protection Act. Environmental Conservation Law, or pursuant to the Federal Sustain- This rulemaking will require a Regulatory Flexibility Analysis for able Fisheries Act for such species. Proposed amendments will also Small Businesses and Local Government and a Rural Area Flexibility provide compliance with National Marine Fisheries Service require- Analysis. Contact: John Maniscalco, New York State Department of ments and other Federal laws. Environmental Conservation, Division of Marine Resources, 205 N. The Department proposes to amend the regulations to define what Belle Meade Road, Suite 1, East Setauket, New York 11733. methods are allowed for recreational anglers to take fish. Telephone: 631-444-0430. E-mail: [email protected] The Department proposes to amend reporting and record keeping Please include the Part number when emailing. requirements for State licensed harvesters; and to create a definition 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As nec- for proof of residency and establish requirements for providing such essary, the Department will propose to amend regulations that specify proof of residency when obtaining marine license and permits. the classification (certified or uncertified) of shellfish lands. These The Department proposes to amend reporting and record keeping amendments are necessary to protect public health by designating requirements for State licensed harvesters who also hold Federal lands that do not meet bacteriological water quality criteria as uncerti- harvesting licenses. The amendment would require Federal license fied or closed to shellfish harvesting. Shellfish lands that meet the wa- holders to advise the Department if they are required to report to any ter quality criteria are designated as certified (open) for the taking of Federal agencies. In addition, the amendment would clarify reporting shellfish. The Department also proposes that shellfish lands that have requirements specific to Federal Highly Migratory Species (HMS) not been subject to a sanitary survey conducted within the previous permits. ten (10) years be designated as uncertified. Shellfish are defined in law The Department proposes to amend the striped bass and summer as oysters, scallops, and all kinds of clams and mussels. This rulemak- flounder commercial fishing special regulations to replace qualifica- ing may require a Regulatory Flexibility Analysis for Small Busi- tions for permits and make changes to striped bass commercial fishing nesses and Local Government and a Rural Area Flexibility Analysis. permit reissuance and striped bass commercial permit tag provisions. Contact: Debra Barnes, New York State Department of Environmental New regulations would be proposed to make changes in the summer Conservation, Division of Marine Resources, 205 N. Belle Meade flounder commercial fishing special regulations to add language for Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444- re-qualification similar to that in the striped bass commercial fishing 0477. E-mail: [email protected] Please include the Part special regulations. number when emailing. The Department proposes to adopt regulations to establish a com- 6 NYCRR Part 42, Sanitary Control over Shellfish. The Department mercial eel permit with reporting requirements statewide, and to proposes to amend regulations pertaining to the sanitary, record keep- extend coverage by the general provisions of this part to include ing, and reporting requirements and to require Vibrio control plans Rockland and Putnam Counties and ensure that commercial posses- and introduce educational requirements, as necessary, to protect pub- sion and sale is covered statewide. lic health and allow for the modification of any conditions placed on The Department proposes to amend commercial fishing regulations permit activities after the permit has been issued for shellfish harvest- for American eel to establish quota-based fishing limits and closures. ers and shippers needed to comply with the guidelines of the National Shellfish Sanitation Program (NSSP), the Federal regulations regard- The Department proposes to adopt regulations which will require ing interstate shipment of shellfish, and the Environmental Conserva- the use of bait bags when fishing with eel pots. tion Law. The proposed regulations will modify the descriptions of al- The Department proposes to change the open season for striped lowable activities under each category of shellfish shipper permits and bass commercial fishing. the harvester permit consistent with the NSSP and the Environmental The Department proposes to adopt changes to the shipping, labeling Conservation Law and amend and clarify descriptions of shellfish and packing requirements to require harvester’s fishing vessel trip harvest areas to clearly delineate geographical sites where shellfish

76 NYS Register/January 2, 2019 Regulatory Agenda are harvested. This rulemaking will require a Regulatory Flexibility permits, transplanting of shellfish, periods of transplanting, relay area Analysis for Small Businesses and Local Government and a Rural certification, and establish requirements for recordkeeping and Area Flexibility Analysis. Contact: Susan Ritchie, New York State reporting. The proposed regulations would also establish requirements Department of Environmental Conservation, Division of Marine Re- for water quality, shellfish testing, and bacterial reduction (cleansing) sources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York studies. This rulemaking will require a Regulatory Flexibility Analy- 11733. Telephone: 631-444-0494. E-mail: [email protected] sis for Small Businesses and Local Government as well as a Rural Please include the Part number when emailing. Area Flexibility Analysis. Contact: Wade Carden, New York State 6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. Department of Environmental Conservation, Division of Marine Re- The Department proposes to amend regulations pertaining to the sources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York management of surfclams and ocean quahogs that are consistent with 11733. Telephone: 631-444-0481. E-mail: [email protected] the provisions of fishery management plans adopted by the Depart- Please include the Part number when emailing. ment and allow for the orderly implementation of any changes to the 6 NYCRR Part 47, Certification of Shellfish Lands. The Depart- Environmental Conservation Law for the surfclam fishery. All amendment proposes technical amendments that would remove the word ments may describe changes to permit requirements and eligibility, “uncertified” where it appears in two subparagraphs that specify the harvest limits, gear restrictions, record keeping, and reporting water quality criteria overlying certified shellfish lands. This rulemak- requirements. This rulemaking may require a Regulatory Flexibility ing may require a Regulatory Flexibility Analysis for Small Busi- Analysis for Small Businesses and Local Government and a Rural nesses and Local Government as well as a Rural Area Flexibility Area Flexibility Analysis. Contact: Jennifer O’Dwyer, New York State Analysis. Contact: Debra Barnes, New York State Department of Department of Environmental Conservation, Division of Marine Re- Environmental Conservation, Division of Marine Resources, 205 N. sources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York Belle Meade Road, Suite 1, East Setauket, New York 11733. 11733. Telephone: 631-444-0489. E-mail: Telephone: 631-444-0477. E-mail: [email protected] Please [email protected] Please include the Part number when include the Part number when emailing. emailing. 6 NYCRR Part 48, Marine Hatcheries, on-Bottom and off-Bottom 6 NYCRR Part 44, Lobsters and Crabs. The Department proposes Culture of Marine Plant and Animal Life. The Department proposes to to amend regulations pertaining to the management of lobsters, amend regulations pertaining to the sale of cultured food fish and other decapod crabs, and horseshoe crabs to maintain the health of such spe- cultured food products for consumption or resale. The proposed cies and to prevent the introduction of exotic species. These proposed regulations would amend requirements for marking and identification regulations would comply with fishery management plans developed of cultivation products in commercial markets, requirements for by the Atlantic State Marine Fisheries Commission (ASMFC) for permits, and record keeping and reporting requirements. This rulemak- these species and with requirements of the Environmental Conserva- ing will require a Regulatory Flexibility Analysis for Small Businesses tion Law. The proposed regulations would include general provisions and Local Government as well as a Rural Area Flexibility Analysis. consistent with those found in Part 40. The proposed amendments Contact: Wade Carden, New York State Department of Environmental would allow for flexibility in the type of vent used in crab traps, estab- Conservation, Division of Marine Resources, 205 N. Belle Mead lish open crab dredge seasons and areas, establish crab pot limits, and Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444- revise blue crab size limits. The Department proposes to amend report- 0481. E-mail: [email protected] Please include the Part ing and record keeping requirements for State licensed harvesters with number when emailing. the requirements in Part 40. The Department proposes to adopt regula- 6 NYCRR Part 49, Shellfish Management. The Department pro- tions to implement the new ASMFC Interstate Fishery Management poses to adopt regulations for the management of hard clams, soft or Plan for Jonah Crab which would include a special permit, size limit, steamer clams and razor clams. The management measures include bycatch limit, rules on harvest of parts, effort controls and other provisions for size limits, catch and possession limits, open and closed management measures based on details of the plan. The Department seasons, closed areas, restrictions on the manner of taking and land- proposes to clarify current language and remove unnecessary ing, requirements for permits and eligibility, record keeping and regulations. Horseshoe crab regulations will be proposed to allow identification requirements, requirements on the amount and type of more control over the harvest and storage of horseshoe crabs. Rules fishing effort and gear, and requirements relating to transportation, would also be developed to prohibit the importation, possession and possession and sale. The Department proposes to amend regulations use of Asian horseshoe crabs. ASMFC will be developing an Ad- pertaining to the possession of oysters of less than legal size which is dendum to the lobster management plan to scale the size of the needed to ensure enforceability and compliance with the minimum Southern New England lobster fishery to the size of the resource and size requirements for harvest of wild (natural) oysters in the marine to respond to the continued depletion of the stock. The Department district. This rulemaking will require a Regulatory Flexibility Analy- would propose lobster regulations based on the details of the sis for Small Businesses and Local Government as well as a Rural Addendum. The Department would propose rules to prohibit the liber- Area Flexibility Analysis. Contact: Debra Barnes, New York State ation of non-local crustaceans into New York’s marine district. Rules Department of Environmental Conservation, Division of Marine Re- would be developed to modify lobster trap tag allocations in order to sources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York implement trap transferability program. The Department proposes to 11733. Telephone: 631-444-0477. E-mail: [email protected] develop rules to implement lobster gear restrictions in LCMA 4 to Please include the Part number when emailing. comply with the Federal Marine Mammal Protection Act. The Depart- 6 NYCRR Part 50, Miscellaneous Marine Species. The Department ment will also develop rules to establish a minimum age for the non- proposes to adopt new regulations for the protection and management commercial lobster license. This rulemaking will require a Regulatory of various other marine species. The immediate need is for the adop- Flexibility Analysis for Small Businesses and Local Government and tion of regulations for the protection and management of whelks (also a Rural Area Flexibility Analysis. Contact: Kim McKown, New York known as conch, Busycon and Busycotypus spp). These regulations State Department of Environmental Conservation, Division of Marine would include size limits, specifications for marking and placement of Resources, Finfish and Crustaceans Section, 205 N. Belle Meade whelk fishing gear, trap limits and other regulations necessary to man- Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444- age the whelk fishery. The Department proposes to amend reporting 0454. E-mail: [email protected] Please include the Part and record keeping requirements for State license holders with the number when emailing. requirements in Part 40. The Department also proposes to adopt 6 NYCRR Part 45, Transplanting of Shellfish. The Department regulations which would require the use of bait bags when fishing proposes to amend regulations pertaining to the transplanting of shell- with whelk traps. This rulemaking may require a Regulatory Flex- fish that are necessary for the protection of the public health, compli- ibility Analysis for Small Businesses and Local Government and a ance with Federal guidelines, and minimum requirements from the Rural Area Flexibility Analysis. Contact: Kim McKown, New York National Shellfish Sanitation Program (NSSP) Model Ordinance State Department of Environmental Conservation, Division of Marine (MO). The proposed regulations would amend requirements for Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York

77 Regulatory Agenda NYS Register/January 2, 2019

11733. Telephone: 631-444-0454. E-mail: [email protected] 12233-7260. Telephone: 518-402-8678. Email: Please include the Part number when emailing. [email protected] Please include the Part number Division of Materials Management when e-mailing. 6 NYCRR Part 321, Pesticides in Grape Vineyards, Part 322 6 NYCRR Part 367, Returnable Beverage Containers. This rule Pesticides in Grape Vineyards, Niagara County, Part 323 Pesticides In making will incorporate revisions to the statute that specifically Grape Vineyards, Chautauqua County, Southern Townships, Part 324 changed and, in some cases, change the Part 367 regulations that were Pesticides In Grape Vineyards, Erie County, and Part 325 Application promulgated in 1983; reflect changes in the way the industry and the of Pesticides will be repealed and replaced with new Parts 321-325. regulated community now complies with these regulations; and This rule making will include comprehensive reorganization and revi- include changes that will lead to improved compliance and sions to the current rule to update the current pesticide use regulations, enforcement. This rule making will require a Regulatory Flexibility including the use of pesticides classified by the USEPA as exempt Analysis for Small Businesses and Local Governments, and a Rural from the requirements of the Federal Insecticide, Fungicide, and Area Flexibility Analysis. Contact: Jennifer Kruman, New York State Rodenticide Act. These pesticides are commonly known as 25(b) or Department of Environmental Conservation, Division of Materials minimum risk pesticides. These rules will also incorporate Federal Management, 625 Broadway, Albany, New York 12233-7253. certification and training regulations contained in 40 CFR Part 170 Telephone: 518-402-8706. E-mail: [email protected] Please and the provisions currently in Part 326 Registration and Classifica- include the Part number when e-mailing. tion of Pesticides related to the sale of restricted use pesticides. In ad- 6 NYCRR Part 368, Product Stewardship and Product Labeling. dition, Part 326 will be revised to address the registration of minimum This rule making will rename and include changes to the existing risk pesticides. This rule making will require a Regulatory Flexibility Recycling Emblem regulations in 6 NYCRR Part 368 to be consistent Analysis for Small Businesses and Local Governments, and a Rural with national labeling guidelines for recycling terms. It will also Area Flexibility Analysis. Contact: Tricia Newell, New York State include developing regulations for mercury-added consumer products Department of Environmental Conservation, Division of Materials labeling, and product stewardship requirements for the E-Waste take Management, 625 Broadway, Albany, New York 12233-7254. back program resulting from legislation adopted in 2010 for E-Waste Telephone: 518-402-8748. E-mail: [email protected] Please management. This rule making will require a Regulatory Flexibility include the Part number when e-mailing. Analysis for Small Businesses and Local Governments, and a Rural 6 NYCRR Part 327, Rules and Regulations Relating to the Use of Area Flexibility Analysis. Contact: Peter Pettit, New York State Chemicals for the Control or Elimination of Aquatic Vegetation. Part Department of Environmental Conservation, Division of Materials 327 will be amended to incorporate relevant provisions of Part 328 Management, 625 Broadway, Albany, New York 12233-7253. (Rules and Regulations Relating to the Use of Chemicals for the Telephone: 518-402-8706. E-mail: [email protected] Please include Control or Elimination of Undesirable Fish) and Part 329 (Rules and the Part number when e-mailing. Regulations Relating to the Use of Chemicals for the Control or 6 NYCRR Parts 370, 371, 372, 373, 374, and 376, Hazardous Waste Elimination of Aquatic Insects) and to reflect the current statutory Management Regulations (FedReg5). This rule making will incorpo- requirement of the Environmental Conservation Law. 6 NYCRR Part rate, as appropriate: (1) Federal rules from January 2002 to present; 328 and 6 NYCRR Part 329 will be repealed. This rule making will (2) changes related to Standards for Hazardous Air Pollutants for Haz- require a Regulatory Flexibility Analysis for Small Businesses and ardous Waste Combustors (MACT rules) from September 1999 to Local Governments, and a Rural Area Flexibility Analysis. Contact: present; and (3) State-initiated changes, including clarification of Anthony Lamanno, New York State Department of Environmental language and corrections of errors found in the regulations. This Conservation, Division of Materials Management, 625 Broadway, rulemaking will require a Regulatory Flexibility Analysis for Small Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: Businesses and Local Governments, and a Rural Area Flexibility [email protected] Please include the Part number when Analysis. Contact: Michelle Ching, New York State Department of e-mailing. Environmental Conservation, Division of Materials Management, 625 6 NYCRR Part 360, Solid Waste Series Revisions. The rule making Broadway, Albany, NY 12233-7020. Telephone: 518-402-8651. will amend the November 4, 2017 Part 360 Solid Waste Management E-mail: [email protected] Please include ‘FedReg5’ in the subject Facilities Series Regulations. The rulemaking will include adjustments line when emailing. to Parts 360, 361, 362, 363, 364, 365, 366 and 369 to address clarifica- 6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste tions regarding construction and demolition (C&D) debris processing Management Regulations (FedReg6). This rulemaking will incorpo- facilities, beneficial use of C&D debris, simplify the requirements for rate, as appropriate, Federal rules that were adopted between July 31, waste transport of C&D, adjust pre-determined beneficial uses for the 2013 and the present, which include regulations governing recycling use of brine for road spreading and extend the brine beneficial use of hazardous materials; electronic manifest requirements; reorganiza- transition requirements, and add new requirements for the manage- tion and updates to regulations pertaining to hazardous waste genera- ment of waste tires used at farms to secure tarpaulins which will reduce tors; and may include regulations addressing the management of vehi- retention of water while avoiding unnecessary costs to farmers. The cle air bags, aerosol cans and pharmaceuticals. This rulemaking will revisions will allow the continued operation of facilities which were require a Regulatory Flexibility Analysis for Small Businesses and registered landfills prior to November 4, 2017 for the receipt of tree Local Governments, and a Rural Area Flexibility Analysis. Contact: debris, concrete, asphalt, brick, and uncontaminated soil and rock Michelle Ching, New York State Department of Environmental Con- resulting from land clearing, utility line maintenance and season or servation, Division of Materials Management, 625 Broadway, Albany, storm-related cleanups until entitled capacity is achieved. The rule NY 12233-7020. Telephone: 518-402-8651. E-mail: making will implement requirements of state legislation to ensure [email protected] Please include ‘FedReg6’ in the subject line when protection of groundwater at composting facilities and mulch process- e-mailing. ing facilities located in Nassau and Suffolk County, and restrict the 6 NYCRR Part 384, Cleanup Criteria for Remediation of Sites Con- types of facilities allowed to operate inside of a mine within these two taminated with Radioactive Material. This rule is being developed to counties. Adjustments will be made to improve and simplify the pro- adopt applicable sections of the Federal Nuclear Regulatory Commis- cess to receive municipal waste reduction and recycling grants for sion’s (NRC) License Termination Rule (LTR), which establishes recycling projects and programs statewide. The rule making will also cleanup criteria for radiologically contaminated sites, and the Timeli- include minor amendments to correct errors made in cross-references ness of Decommissioning Rule, which outlines necessary steps for the contained in Subpart 374-2 Standards for the Management of Used planning and implementing of site cleanups. Program staff are Oil, as well as adjustments to language contained in 372.3 Standards coordinating adoption of these rules with the New York State Depart- Applicable to Transporters related to 10-day temporary storage to be ment of Health and the New York City Department of Health and consistent with Part 360 and Part 364 requirements. Contact: Melissa Mental Hygiene to ensure compatibility, as they also have to adopt ap- Treers, New York State Department of Environmental Conservation, plicable sections of these Federal rules. This rule making will require Division of Materials Management, 625 Broadway, Albany, New York a Regulatory Flexibility Analysis for Small Businesses and Local

78 NYS Register/January 2, 2019 Regulatory Agenda

Governments, and a Rural Area Flexibility Analysis. Contact: Timothy 6 NYCRR Part 485 - State Pollutant Discharge Elimination System Rice, New York State Department of Environmental Conservation, (SPDES) Program Fees. The SPDES program fees were changed in Division of Materials Management, 625 Broadway, Albany, NY 2009 through amendments to ECL section 72-0602. Part 485 would 12233-7255. Telephone: 518-402-8651. E-mail: be amended to conform the SPDES fees in regulation to the fees in [email protected] Please include ‘Part 384’ in the subject statute. This rule making may require a Regulatory Flexibility Analy- line when e-mailing. sis for Small Businesses and Local Governments and a Rural Area 6 NYCRR Part 483, Hazardous Waste Program Fees. This rule mak- Flexibility Analysis. Contact: Carol Lamb-LaFay, New York State ing will amend Part 483 to incorporate statutory changes made to the Department of Environmental Conservation, Division of Water, 625 Hazardous Waste Program Fees in Environmental Conservation Law Broadway, Albany, NY 12233-3505. Telephone: 518-402-8111. section 72-0402. This rule making will require a Regulatory Flex- E-mail: [email protected] Please include the Part number ibility Analysis for Small Businesses and Local Governments and a when e-mailing. Rural Area Flexibility Analysis. Contact: Tom Killeen, New York State 6 NYCRR Part 502 - Floodplain Management Criteria for State Department of Environmental Conservation, Division of Materials Projects. Revisions would update language to comply with enabling Management, 625 Broadway, Albany, New York 12233-7256. legislation and would update criteria to comply with changes in Telephone: 518-402-8651. E-mail: [email protected] Please Federal Emergency Management Agency regulations and New York include ‘Part 483’ in the subject line when e-mailing. State Building Code. Part 502 was last updated in 1984. Revisions Division of Mineral Resources would include updated definitions, clarifying floodway encroachment 6 NYCRR Parts 420, 421, 422, 423, and 425. The Department is requirements, changing lowest floor elevation requirements to reflect proposing to amend 6 NYCRR Parts 420 to 425 to: (1) clarify ambigu- the Building Code of New York State, and clarifying the variance ap- ous sections; (2) strengthen portions of the regulations; (3) reflect plication and decision process. This rulemaking may require a Regula- changes in the regulatory fee structure and civil penalties; and (4) tory Flexibility Analysis for Small Businesses and Local Governments reflect changes in scientific knowledge. Amendments to these regula- and a Rural Area Flexibility Analysis. Contact: Alan Fuchs, New York tions would be done as one package. State Department of Environmental Conservation, Division of Water, 6 NYCRR Part 420, General. Amend current regulations to expand Albany, NY 12233-3507. Telephone 518-402-8185. E-mail: the definitions to include words used to describe abandonment, techni- [email protected] Please include the Part number when cal terms associated with blasting, bluestone, and other terms to ensure e-mailing. consistency with the Mined Land Reclamation Law. 6 NYCRR Part 505 - Coastal Erosion Management. Part 505 of 6 6 NYCRR Part 421, Permits. Amend current regulations to: (1) add NYCRR was last amended in March 1988. Revisions would include language requiring a mining termination notice to be filed if a clarifying definitions, adding new defined terms, and clarifying complete renewal application is not received within 30 days of the language regarding regulated activities in natural protective features expiration of the permit; (2) add a section codifying the criteria for areas. This rulemaking may require a Regulatory Flexibility Analysis determining if an excavation is exempt from requiring a mining for Small Businesses and Local Governments and a Rural Area Flex- permit; (3) update the annual regulatory fee schedule to be consistent ibility Analysis. Contact: Alan Fuchs, New York State Department of with the current rates; and (4) restore the alterations and modifications Environmental Conservation, Division of Water, 625 Broadway, section for proposed changes that are ministerial in nature. Albany, NY 12233-3505. Telephone: 518-402- 8185. E-mail: [email protected] Please include the Part number when 6 NYCRR Part 422, Mined Land-Use Plan. Amend current regula- e-mailing. tions to: (1) revise the language for mined land-use plan requirements; (2) add an expanded section describing the required elements for the 6 NYCRR Part 602 - Long Island Agricultural Water Wells. Revi- graphic portion of the mined land-use plan; and (3) add expanded sec- sions are needed to reflect that the permit exemption for agricultural tions addressing dust control, noise control, visual pollution, water water wells on Long Island was eliminated in 1992 by the introduc- resource protection, sediment and erosion control, and blasting. tion of paragraph 7 of ECL section 15-1527. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and 6 NYCRR Part 423, Reclamation Bond. Amend current regulations Local Governments and a Rural Area Flexibility Analysis. Contact: to replace the word bond with financial security throughout the sec- Koon Tang, New York State Department of Environmental Conserva- tion to reflect the variety of financial instruments that may satisfy the tion, Division of Water, 625 Broadway, Albany, New York 12233. need for financial assurance for reclamation. Telephone: 518-402-8086. E-mail: [email protected] Please 6 NYCRR Part 425, Civil Penalties. Amend current regulations to include the Part number when e-mailing. change civil penalties amounts to reflect changes made to ECL § 71- 6 NYCRR 676 – Salt Storage. A new part would be added to 1307(1) subsequent to the last revisions to the regulations. regulate the private and municipal storage of road salt and road salt/ This rulemaking will require a Regulatory Flexibility Analysis for sand mixtures. Regulations are needed to protect waters of the state Small Businesses and Local Governments and a Rural Area Flexibility from contamination due to the uncovered storage of road salt and road Analysis. Contact: Matthew Podniesinski, New York State Depart- salt/sand mixtures. The rulemaking may require a Regulatory Flex- ment of Environmental Conservation, Division of Mineral Resources, ibility Analysis for Small Businesses and Local Governments and a 625 Broadway, 3rd Floor, Albany, NY 12233-6500. Telephone: 518- Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, New 402-8076. E-mail: [email protected] Please include York State Department of Environmental Conservation, Division of the Part number when emailing. Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- Division of Operations 8111. E-mail: [email protected] Please include the Part 6 NYCRR 623: Use of Environmental Education Centers. The number when e-mailing. Department is proposing to revise 6 NYCRR 623: Use of Environmen- 6 NYCRR Parts 609, and 700 – 706 Water Quality Standards. Revi- tal Education Centers to include Reinstein Woods Environmental sions would add/revise ambient water quality standards, standard- Education Center, update appropriate uses of the education centers, setting procedures, implementation procedures, and other regulatory and make the regulations consistent with relevant sections of Part 190: provisions. This rulemaking may require a Regulatory Flexibility Use of State Lands. This rule making will not require a Regulatory Analysis for Small Businesses and Local Governments and a Rural Flexibility Analysis for Small Businesses and Local Governments and Area Flexibility Analysis. Contact: Scott Stoner, New York State a Rural Area Flexibility Analysis. Contact: Tom Shimalla, New York Department of Environmental Conservation, Division of Water, State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-8193. E-mail: Albany, New York 12233-5256. Telephone: 518-402-8043. E-mail: [email protected] Please include the Part number when [email protected] Please include the Part number when e-mailing. emailing. 6 NYCRR Part 750 - State Pollutant Discharge Elimination System Division of Water (SPDES) Permits. Revisions are necessary to incorporate new Federal

79 Regulatory Agenda NYS Register/January 2, 2019 criteria and standards. This rulemaking may require a Regulatory Flex- Area Flexibility Analysis pursuant to sections 202-b and 202-bb of the ibility Analysis for Small Businesses and Local Governments and a State Administrative Procedures Act, respectively. Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, New The public is welcome to send written comments on the Board’s York State Department of Environmental Conservation, Division of Regulatory Agenda to the contact person at the end of this list. Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- 8111. E-mail: [email protected] Please include the Part The Chair and/or the Board is considering proposing the rules number when e-mailing. described below: 6 NYCRR Part 910 - St. Lawrence River Drainage Basin. Revi- 1. Amend section 313 to clarify that a Board decision is not a pre- sions would reclassify surface waters as needed to provide water qual- requisite to the parties’ compliance with statutory and regulatory ity protection consistent with designated best usages, as well as the obligations and to set forth the criteria when a Board decision will be Clean Water Act (CWA) Section 101(a)(2) goals. This rulemaking issued. may require a Regulatory Flexibility Analysis for Small Businesses 2. Add a new section 300.39 to establish rules for the cross- and Local Governments and a Rural Area Flexibility Analysis. examination of medical witnesses and to repeal section 300.10(c). Contact: Scott Stoner, New York State Department of Environmental 3. Amend section 325-1.25 to permit the Chair to require electronic Conservation, Division of Water, Albany, NY 12233-3502. Telephone submission of medical bill objections. 518-402-8193. E-mail: [email protected] Please include the 4. Amend section 325-1.3 to require providers to electronically Part number when e-mailing. submit CMS-1500 medical bills and required medical narratives to workers’ compensation insurers/payers, and to establish a hardship Department of Motor Vehicles exception process for providers who are unable to meet electronic reporting requirements. Pursuant to section 202-d of the State Administrative Procedure 5. Add Part 304 describing the process for filing and adjudication of Act, the Department of Motor Vehicles presents its regulatory agenda discrimination claims against an employer pursuant to section 120 of for 2019. All references are to Title 15 of the New York Code of Rules the WCL for retaliation in filing of workers’ compensation claims. and Regulations. The Department reserves the right to add, delete or modify any item presented in this agenda. The Board will continue to review its rules in an effort to provide for clearer and more accurate references to Board policies and 1. Part 3 - Amend Part 3 to eliminate the photo image exemption for procedures, while also eliminating typographical errors and obsolete driver license and permit applicants. This amendment will coincide forms/practices, etc. with current requirements for non-driver identification cards, REAL IDs and Enhanced Driver Licenses (EDLs), as there are no exemp- To obtain information about or submit written comments concern- tions from photo images relative to these documents. ing any item in this Regulatory Agenda, contact: Heather M. MacMas- ter, Deputy General Counsel, Workers’ Compensation Board, 328 2. Part 20 - Amend Part 20 to require that the title of a rebuilt salvage State St., Schenectady, NY 12305-2318, (518) 486-9564, e-mail: vehicle bear the brand “REBUILT SALVAGE” for the life of the vehi- [email protected] cle and not for only vehicles that are eight model years old or newer on the date of loss, which is the current language of the regulation. This amendment will benefit consumers by providing them with accurate and valuable historical information about a vehicle. 3. Part 78 - Amend Part 28 to limit motor vehicle dealers that may be exempt from participation in VERIFI (Vehicle Electronic Reas- signment and Integrated Facility Inventory) system, and to eliminate various recordkeeping requirements for dealers participating in VERIFI. This amendment will require all newly registered dealers to participate in the VERIFI system, unless they are granted an exemption because of inability to electronically connect to the system, and will relieve VERIFI participating dealers from certain paper recordkeeping requirements. 4. Part 28-Amend Part 28 to require all IRP (International Registra- tion Plan) participants to have all IRP jurisdictions listed on their cab card and to increase the fee when an applicant seeks to decrease the weight of a vehicle. These amendments are technical updates that will conform to changes made in the International Registration Plan.

Workers’ Compensation Board Pursuant to section 202-d of the State Administrative Procedures Act, notice is hereby provided of the following rules which the Work- ers’ Compensation Board (Board) is considering proposing but for which a rule making proceeding has not been commenced. All references are to Title 12 of the New York Code of Rules and Regulations unless otherwise noted. The Board’s regulatory plans are subject to change, and the Board reserves the right to add, delete, or modify any item herein. The Board is not required to propose for adoption any rule summarized in this regulatory agenda. In addition, the Board may propose a rule for adoption that was not under consideration at the time that this regulatory agenda was submitted for publication. This notice is also intended to provide small businesses, local governments, and public and private interests in rural areas with the opportunity to participate in the rule-making process, as provided for in sections 202-b and 202-bb of the State Administrative Procedures Act. All rules described below may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural

80 RULE REVIEW

Department of Environmental Conservation 71-2105. In November of 2016 the Department adopted Part 222 to establish emission standards, monitoring requirements and record Introduction keeping requirements for certain distributed generation sources in Each year, pursuant to SAPA, the Department publishes a Review New York State. Pursuant to an Order by the Supreme Court of the of Rules in the State Register and on its website. This is a review of State of New York dated July 26, 2017, the Department will develop a Department rules adopted 3 years previous. new rule to replace the rule adopted on November 1, 2016. SAPA Section 207 -- 3-Year Rule Review Contact: Richard McAuley, Regulatory Coordinator for the Divi- The following rules were adopted by the New York State Depart- sion of Air Resources, New York State Department of Environmental ment of Environmental Conservation (Department) during 2016, and Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8438. E-mail: [email protected] pursuant to SAPA Section 207 have been reviewed. Comments on the rules that are being amended this year should be directed to the contact Division of Environmental Remediation person listed in the main body of the Regulatory Agenda. Comments 6 NYCRR Part 375, Environmental Remediation Programs; Statu- on any rules that are not being changed at this time will be accepted tory Authority: Environmental Conservation Law (ECL) Sections for 45 days from the date of publication in the State Register and 1-0101, 3-0301, ECL Article 27, Title 14. Part 375 was amended to should be directed to the regulatory coordinator for the appropriate meet statutory mandates in Part BB of Chapter 56 of the Laws of 2015, program, as listed below the rules. which amended and added new language to ECL Article 27, Title 14 (Brownfield Cleanup Program, BCP) and certain other laws. The pro- Division of Air Resources posal of these regulations resulted in amendments to the BCP law 6 NYCRR Part 200, General Provisions. Statutory Authority: becoming effective on July 1, 2015. The amendments to Part 375 were Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, adopted on July 4, 2016 and effective on August 12, 2016. They 3-0303, 11-0303, 11-0305, 11-0535, 13-0105, 15-0109, 15-1903, 16- included (1) the addition of two new definitions, “affordable housing 0111, 17-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19- project” and “underutilized” in 6 NYCRR Subpart 375-3; (2) revi- 0303, 19-0305, 19-0306, 19-0311, 19-0319, 19-0323, 24-0103, 25- sions to the existing “brownfield site” definition at 6 NYCRR 375- 0102, 34-0108, 49-0309, 70-0109, 71-2103, 71-2105, 72-0303; 1.2(b) to meet the definition in the 2015 BCP law; and (3) deletion of Energy Law Sections 3-101, 3-103; Public Authorities Law Sections 6 NYCRR 375-3.3(a)(1) to conform to the revised ‘brownfield site’ 1850, 1851, 1854, 1855; Federal Clean Air Act Sections 160-169, definition. No amendments will be made at this time. See 2019 Divi- 171-193 [42 U.S.C. 7470-7479; 7501-7515]. Section 200.10 incorpo- sion of Environmental Remediation Regulatory Agenda regarding the rates by reference federal air regulations. Doing so provides the next rule making for amendments to 6 NYCRR Part 375. Department with the legal authority to implement these regulations, Contact: Angela Chieco, Regulatory Coordinator for Division of thus effectuating the terms and provisions of the Clean Air Act and its Environmental Remediation, New York State Department of Environ- associated regulations allowing the Department to implement and mental Conservation, 625 Broadway, Albany, NY 12233-7012. enforce the rules on behalf of the Environmental Protection Agency. Telephone: 518-402-9764. E-mail: [email protected] Amendments to Section 200.10 are currently being evaluated. Division of Fish and Wildlife 6 NYCRR Part 218, Emission Standards for Motor Vehicles and 6 NYCRR Part 10, Sportfish and Associated Activities. To revise Motor Vehicle Engines. Statutory Authority: Environmental Conser- sportfishing regulations and associated activities including com- vation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19- mercial collection, sale and use of baitfish. Statutory Authority: 0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71- Environmental Conservation Law Sections 3-0301, 11-0303, 11-0305, 2103, 71-2105; Federal Clean Air Act, § 177. Part 218 was amended 11-0317, 11-1301, 11-1303, 11-1316 and 11-1319. These amendments in 2012, 2015, and 2016 to incorporate California’s low emission ve- promote optimum fishing opportunity for public use consistent with hicle (LEV), zero emission vehicle (ZEV), and greenhouse gas (GHG) resource conservation. The rule is effective as written and requires no new vehicle emission standards, and environmental performance label, amendment. aftermarket catalytic converter, and warranty requirements. These 6 NYCRR Part 1.11, Deer hunting seasons, Part 1.18, Issuance and changes were necessary to maintain the federal Clean Air Act Section use of deer hunting tags, and Part 1.31, Hunting black bear. Statutory 177 identicality requirement, to achieve necessary emission reduc- Authority: Environmental Conservation Law Sections 11-0303, 11- tions for the attainment and maintenance of ozone and carbon monox- 0903, and 11-0907. The amendments made in 2016 improved deer ide standards, and to realize greenhouse gas emission reductions. The and bear management and are having the intended effect. Further Department may amend Part 218 to include future modification to amendments to deer hunting regulations (Parts 1.11 and 1.18) are cur- ensure identicality requirements and also to clarify aftermarket rently being evaluated as part of revisions to the New York State catalytic converter requirements under Subpart 218-7, Aftermarket White-tailed Deer Management Plan. In regards to Part 1.31, in 2018- Parts. 19, we are proposing an amendment to this regulation to expand the 6 NYCRR Part 222, Distributed Generation Sources. Statutory bear hunting season in a Wildlife Management Unit in the Southern Authority: Environmental Conservation Law Sections 1-0101, 3-0301, Zone to better manage the black bear population and minimize bear- 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103 and human conflicts.

81 Rule Review NYS Register/January 2, 2019

6 NYCRR Parts 6.2 and 6.3, Fisher trapping seasons and bag limits 0307 and 13-0319. Part 41 was amended to designate as uncertified and general trapping regulations for furbearers. Statutory Authority: (closed to shellfish harvest) either year-round or seasonally shellfish Environmental Conservation Law Sections 3-0301, 11-0303, 11-0917, growing areas in the Towns of Oyster Bay, Huntington, Brookhaven, 11-1101, 11-1103, and 11-1105. Amendments to Parts 6.2 and 6.3 were Islip, Riverhead, Smithtown, Southold, Southampton, and East adopted in 2016 to implement portions of the New York State Fisher Hampton. Shellfish harvested from growing areas that fail to meet Management Plan and to update and clarify general trapping bacteriological water quality standards may cause illness in those regulations. The regulations associated with fisher trapping seasons individuals who consume them. Bacteriological water quality testing are currently being evaluated through research and surveys associated is an ongoing task; shellfish growing areas will be classified as neces- with fisher occupancy, reproduction, and survival. The minor modifi- sary based on the results of the water quality studies. Amendments to cations associated with general trapping regulations are having the Part 41 will be proposed as needed. intended effect and no further amendments are currently being 6 NYCRR Part 43, Surf Clam/Ocean Quahog Fishery Management. evaluated. Statutory authority: Environmental Conservation Law, section13- 6 NYCRR Part 183 License-Issuing Officers and 6 NYCRR Part 0309. Subparts 43-2 and 43-3 were amended to prevent a single vessel 184 Wildlife Rehabilitators. Statutory Authority: 3-0301, 11-0305, in the surf clam fishery from catching more than one individual fish- and 11-0713; and 11-0303, 11-0305, and 11-0515, respectively. ing quota in a calendar year to be consistent with the management Amendments to Parts 1843 and 184 removed the prohibition against convicted criminals from serving as license-issuing officers and measures of the NY State Fishery Management Plan (FMP) for the wildlife rehabilitators. These amendments implement the recom- Atlantic Ocean surf clam fishery. Amendments to Part 43 will be mendations of the Governor’s Task Force which has been charged proposed as necessary for New York to remain in compliance with with identifying department licenses and programs that may provide state laws and fishery management plans. individuals who have previous felony or misdemeanor charges the Contact: Carol Hoffman, Regulatory Coordinator for the Division ability to integrate back into the work force or “Re-entry”. The new of Marine Resources, New York State Department of Environmental rule requires that applicants who have been found guilty of one or Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, more criminal offenses, must be found eligible for license after balanc- NY 11733. Telephone: 631-444-0476. E-mail: ing the factors set out in Article 23-A of Correction Law. These amend- [email protected] ments were adopted in September 2016. No further amendments will Division of Water be made at this time. 6 NYCRR Part 750, State Pollutant Discharge Elimination System Contact: Lucretia Paulsen, Regulatory Coordinator for the Division (SPDES) Permits. Amended the SPDES Regulations to fulfill the of Fish and Wildlife, New York State Department of Environmental Department’s statutory obligations under the Sewage Pollution Right Conservation, 625 Broadway, Albany, NY 12233-4750. Telephone: to Know Act (SPRTK). SPRTK established new requirements for (518) 402-8924. E-mail: [email protected] Publicly Owned Treatment Works (POTWs) and Publicly Owned Division of Lands and Forests Sewer Systems (POSSs) to report untreated and partially treated sew- 6 NYCRR Section 190.35 Peekamoose Valley Riparian Corridor. age discharges to: the Department; New York State Department of Environmental Conservation Law sections, 1-0101(3)(b), Health (DOH); local health departments; the chief elected official or 3-0301(1)(b), 3-0301(1)(d), 3-0301(2)(m), 9-0105(1) and 9-0105(3). their designee of the municipality in which the discharge occurred; the This regulation was amended and adopted in June of 2018 to further chief elected official or designee of adjoining municipalities that may protect the area by requiring a permit on week-ends and holidays be- be affected; and the general public. Statutory authority: Environmental tween May 15 and October 15 of each year. No further regulatory ac- Conservation Law § 17-0826-a. No further amendments are currently tion is anticipated. being considered. Contact: Linda Kashdan-Schrom, Regulatory Coordinator for the Contact: Michelle Tompkins, Regulatory Coordinator for the Divi- Division of Lands and Forests, New York State Department of sion of Water, New York State Department of Environmental Conser- Environmental Conservation, 625 Broadway, Albany, NY 12233- vation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402- 4250. Telephone: 518-402-9417. Email: linda.kashdan- 8221. E-mail: [email protected] [email protected] Introduction Division of Marine Resources Each year, pursuant to SAPA, the Department publishes a Review 6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental of Rules in the State Register and on its website. This is a review of Conservation Law, sections 11-0303, and13-0340-f. Part 40 was Department rules adopted 5 years previous. amended to allow two fishers aboard a single vessel to possess and SAPA Section 207 -- 5-Year Rule Review land the trip limit for black sea bass. This rulemaking was necessary The following rules were adopted by the New York State Depart- to ensure the safety of black sea bass fishers. Amendments to Part 40 ment of Environmental Conservation (Department) during 2014, and will be proposed as necessary for New York to remain in compliance pursuant to SAPA Section 207 have been reviewed. Comments on the with federal rules and interstate fishery management plans. rules that are being amended this year should be directed to the contact 6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental person listed in the main body of the Regulatory Agenda. Comments Conservation Law, sections 11-0303, 13-0105 and 13-0340-f. Part 40 on any rules that are not being changed at this time will be accepted was amended to reduce the recreational harvest for black sea bass. for 45 days from the date of publication in the State Register and This rulemaking was necessary to ensure New York State maintained should be directed to the regulatory coordinator for the appropriate compliance with the Atlantic States Marine Fisheries Commission In- program, as listed below the rules. terstate Fishery Management Plan (FMP) for Black Sea Bass. Amend- Division of Air Resources ments to Part 40 will be proposed as necessary for New York to remain 6 NYCRR Section 201.1, Definition of “Nonattainment Area.” in compliance with federal rules and interstate fishery management Statutory authority: Environmental Conservation Law Sections plans. 1-0101, 3-0301, 19-0103, 19-0105, 19-0303, 19-0305, 71-2103 and 6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental 71-2105. In September of 2014, in response to a finding of attainment Conservation Law, sections 13-0333. Part 40 was amended to add the by EPA, removal of the areas designated as “nonattainment” for species menhaden and the menhaden trip limits to 6 NYCRR subdivi- PM2.5 was required. The regulatory revisions to Section 201.1 revised sion 40.1(i) Table B – Commercial Fishing. This rulemaking corrected the definition to remove all areas redesignated as attainment. No a technical error in the regulations. Amendments to Part 40 will be amendments to this definition are planned at this time. proposed as necessary for New York to remain in compliance with 6 NYCRR Part 212 Process Operations. Statutory Authority: federal rules and interstate fishery management plans. Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19- authority: Environmental Conservation Law, sections 11-0303,13- 1103, 19-1105, 71-2103, 71-2105. The June 14, 2015 rulemaking

82 NYS Register/January 2, 2019 Rule Review established consistent terminology between Part 212 and 6 NYCRR 6 NYCRR Section 190.24, Boat Launching Sites and Other Sites Part 200 (Part 200) and 6 NYCRR Part 201 (Part 201); establish a from which a Watercraft may be Launched. Environmental Conserva- Toxic- Best Available Control Technology (T-BACT) standard for tion Law section 9-0105(1) and section 9-1709. The purpose of this toxic air contaminants; clarify the interaction between Part 212 and regulation is to prevent boats carrying visible invasive species from the National Emission Standards for Hazardous Air Pollutants launching at department facilities or leaving these facilities. No revi- (NESHAPs); and controlled High Toxicity Air Contaminants (HTACs) sions to this rulemaking are needed. to the greatest extent possible. The 2015 revision of Part 212 did not 6 NYCRR Part 193, Trees and Plants, Ginseng in New York. address 212-4 “Control of Nitrogen Oxides for Hot Mix Asphalt Pro- Environmental Conservation Law sections 3-0301(2)(m), 9-0105(1), duction Plants.” DAR intends to repeal Part 212-4 and create a new 9-1503(1), 9-1503(2), 9-1503(3) and 9-1503(4). The purpose of this hot mix asphalt regulation under 6 NYCRR Part 220-3. regulation is to establish practices for the harvest and sale of Ameri- 6 NYCRR Subpart 227-3, Nitrogen Oxide Emissions Budget and can ginseng in New York State and to create a permitting system and Allowance Program; Part 237, Acid Deposition Reduction NOX certification procedures. The proposed revisions to this regulation Budget Trading Program and Part 238, Acid Deposition Reduction would clarify terms and include a new license requirement. See the SO2 Budget Trading Program. Statutory Authority: Environmental 2019 Regulatory Agenda. Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19- 0301, and 19-0303. In September of 2014, the Department repealed 6 NYCRR Part 575 Prohibited and Regulated Invasive Species. Subpart 227-3, Part 237 and Part 238 because the regulations had Environmental Conservation Law (ECL) Article 9, Title 17; ECL Sec- become obsolete and had been replaced by other Parts under this Title. tion 1-0101; ECL Section 3-0301; ECL Section 9-0105; ECL Section No further actions being undertaken. 9-1303; ECL Section 9-1701; ECL Section 9-1705; ECL Section 6 NYCRR Part 242, CO2 Budget Trading Program. Statutory 9-1707; ECL Section 9-1709; ECL Section 11-0507; ECL Section 11- Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 0509; ECL Section 11-0511; ECL Section 71-0703; and, Agriculture 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71- and Markets Law (AML) § 167(3-a), AML Article 9, Article 11 and 2103, and 71-2105. As part of the State’s implementation of the Article 14. The purpose of this Part is to establish procedures to Regional Greenhouse Gas Initiative (RGGI), Part 242 was amended in identify and classify invasive species and to establish a permit system. 2013 to reflect the proposed RGGI Program revisions following RGGI The proposed revisions to this regulation would update the existing 2012 program review. This included changes to cap regional CO2 lists of invasive species. See the 2019 Regulatory Agenda. emissions at 91 million tons annually beginning in 2014, declining to Contact: Linda Kashdan-Schrom, Regulatory Coordinator for the 78 million tons in 2020. Following the conclusion of the RGGI 2016 Division of Lands and Forests, New York State Department of Program review, further revisions to Part 242 will be proposed to fur- Environmental Conservation, 625 Broadway, Albany, NY 12233-4250 ther reduce the CO2 emissions cap and make other changes to the Telephone: (518) 402-9405 E-mail: linda.kashdan- RGGI program. [email protected] Contact: Richard McAuley, Regulatory Coordinator for the Divi- Division of Marine Resources sion of Air Resources, New York State Department of Environmental 6 NYCRR Parts 10,11,19, 36, 37, and 40, Sportfishing Regulations, Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: More than One Species, Use of Bait, Fish for Bait, and Bait Fish, Gear 518-402-8438. E-mail: [email protected] and Operation of Gear, Sale of Certain Lake Ontario Fishes Prohibited, Division of Fish and Wildlife Marine Fish. Statutory authority: Environmental Conservation Law 6 NYCRR Part 1, Section 1.31, Hunting black bear. Hunting seasons sections 3-0301, 11-0303,11-0305, 11-0306, 11-0317, 11-0319, 11- for black bear. Statutory Authority: Environmental Conservation Law 1301, 11-1303, 11-1305, 11-1319, 11-1501, 11-1503, 11-1505 and 13- Section 11-0907. In 2014, this amendment expanded black bear hunt- 0105, 13-0339-a, and 13-0371. Parts 10,11,19, 36, 37, and 40 were ing opportunities to help stabilize or reduce bear populations. In 2018- amended to change the size, catch limits, and gear requirements for 19, we are proposing an amendment to this regulation to expand bear American Eel for commercial, recreational, and bait fisheries in both hunting seasons to two Wildlife Management Units in the Southern inland and marine waters. This rule was necessary for New York State Zone to better manage the black bear population and minimize bear- to reduce American eel fishing mortality, and to remain in compliance human conflicts. with the Atlantic States Marine Fisheries Commission Fishery Management Plan for American Eel. Amendments to Parts 10,11,19, 6 NYCRR Part 180, Section 180.12, Taking of Free-Ranging 36, 37, and 40 will be proposed as necessary for New York to remain Eurasian Boars and Interference with Department Authorized Eradica- in compliance with federal rules and interstate fishery management tion Efforts. Statutory authority: Environmental Conservation Law plans. Sections 11-0514 and 11-0303. In 2014, Section 180.12 was added to prohibit the taking of Eurasian boars by hunting or trapping in order to 6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental support eradication efforts of USDA and DEC. This regulation has Conservation Law sections 11-0303,13-0105, 13-0340-b, 13-0340-e been an important component of a comprehensive effort to remove and 13-0340-f. Part 40 was amended to adjust the summer flounder free-roaming Eurasian boar from New York’s landscape and will not recreational season, change size and possession limits, and to shorten be amended at this time. the black sea bass fishing season. This rule was necessary to maximize recreational angler opportunities while ensuring that New York State 6 NYCRR Part 2, Section 2.3, Hunting with a crossbow. Statutory maintained compliance with the Atlantic States Marine Fisheries Com- Authority: Environmental Conservation Law Sections 11-0303 and mission Summer Flounder, Scup and Black Sea Bass Fishery Manage- 11-1901. In 2014, this regulation amended section 2.3 to authorize use ment Plan. Amendments to Part 40 will be proposed as necessary for of a crossbow during certain big game and small game hunting New York to remain in compliance with federal rules and interstate seasons. This regulation will not be amended at this time. management plans. 6 NYCRR Part 1, Section 1.24, Special firearms deer season in Suf- 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory folk County. Statutory authority: Environmental Conservation Law authority: Environmental Conservation Law, sections 13-0307 and Sections 11-0303, 11-0903, 11-0907, 11-0911, 11-0913, 11-0929 and 13-0319. Part 41 was amended to designate as uncertified (closed to 11-0931. In 2014, this regulation expanded and simplified deer hunt- shellfish harvest) either year round or seasonally shellfish growing ar- ing seasons and regulations in Suffolk County. We are considering eas in the Towns of Hempstead, Islip, Brookhaven, Smithtown, establishing a youth deer hunt in Suffolk; however, this regulation will Huntington, Southampton, East Hampton and Southold. Part 41 was not be amended at this time. also amended to designate as certified (open to shellfish harvest) shell- Contact: Lucretia Paulsen, Regulatory Coordinator for the Division fish growing areas in the Town of Hempstead. Shellfish harvested of Fish and Wildlife, New York State Department of Environmental from growing areas that fail to meet bacteriological water quality stan- Conservation, 625 Broadway, Albany, NY 12233-4750. Telephone: dards may cause illness in those individuals who consume them. (518) 402-8924. E-mail: [email protected] Bacteriological water quality testing is an ongoing task; shellfish Division of Lands and Forests growing areas will be classified as necessary based on the results of

83 Rule Review NYS Register/January 2, 2019 the water quality studies. Amendments to Part 41 will be proposed as Restricting anabolic steroids in horse racing. RWB-08-13-00003. needed. Amended §§ 4043.15 and 4120.12 of 9 NYCRR. 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory Claims voidable if horse is vanned off the track. RWB-08-13-00005. authority: Environmental Conservation Law, sections 13-0307 and Added a new paragraph (3) to 9 NYCRR § 4038.5(a). 13-0319. Part 41 was amended to designate as uncertified (closed to Clenbuterol and corticosteroid use in thoroughbred horse racing. shellfish harvest) either year round or seasonally shellfish growing ar- RWB-08-13-00006. Amended §§ 4043.2(e)(9), (g) and (i) of 9 eas in the Towns of Babylon, East Hampton and Southold, and to NYCRR and added a new § 4043.4(b). clarify the description of an uncertified growing area in the Towns of A summary of the foregoing regulations was published in the Rule Southampton and East Hampton. Shellfish harvested from growing ar- Review section of the October 27, 2018 issue of the State Register. eas that fail to meet bacteriological water quality standards may cause The Commission did not receive any public comment regarding these illness in those individuals who consume them. Bacteriological water regulations. quality testing is an ongoing task; shellfish growing areas will be classified as necessary based on the results of the water quality studies. The Commission has determined that these regulations should be Amendments to Part 41 will be proposed as needed. continued without modification because there have been no changes in public policy or regulatory circumstances that would warrant Contact: Carol Hoffman, Regulatory Coordinator for the Division modification to these rules. of Marine Resources, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, For further information contact: Kristen M. Buckley, Acting Secre- NY 11733. Telephone: 631-444-0476. E-mail: tary of the New York State Gaming Commission, One Broadway [email protected] Center, Suite 600, Schenectady, NY 12301-7500. New York State Gaming Commission Department of Law As required by section 207(4) of the State Administrative Proce- Investor Protection Bureau dure Act, the New York State Gaming Commission (“Commission”) Pursuant to SAPA section 207, the Law Department submits the gives notice of the following: following list of its rules that were adopted during calendar year 2014 As part of the Commission’s 2018 review of regulations that were and invites public comment on the continuation or modification of adopted during 1998, 2003, 2008 and 2013, the Commission has such rules. Comments should be sent to the respective agency repre- reviewed several amendments that were made to the rules of the Com- sentative listed below for each particular rule, and must be received mission (including rulemaking of its legacy agencies, the Division of within 45 days of the date of publication of this Notice. Lottery and the Racing and Wagering Board) in these calendar years. RULES ADOPTED IN 2014 The following amendments were reviewed: (1) LAW-16-14-00008-A Registration and Conduct of Investment 1998 Advisers. Limitations on use of whips. RWB-24-98-00006. Amendment to 9 Amendment of sections 11.1(d), 11.14(a), 11.15; repeal of sections NYCRR § 4117.8. 11.7(a), 11.12(a)(6), 11.16 of Title 13 NYCRR. Increase apprentice weight allowances. RWB-22-98-00013. Analysis of the need for the rule: To provide investors with information to reduce possibility of fraud; clarify current rules; and Amendments to 9 NYCRR §§ 4032.1 and 4032.4. conform them with Federal law. Games of chance regulations. RWB-23-98-00005. Amendments to Legal basis for the rule: General Business Law, section 359-eee, art. 9 NYCRR §§ 5603.7, 5607.15, 5607.28, 5608.1, 5608.13, 5609.1, 23-A. 5610.1, 5610.2, 5611.1, 5611.2, 5620.19, 5622.12, 5622.13, 5622.22, Agency Representative: Written comments concerning the continu- 5623.1, 5624.1, 5624.3, 5624.5 and 5624.21. (Part 5600 of 9 NYCRR ation or modification of the above rule may be submitted to: Kenneth has been renumbered Part 4608.) Haim, Registration Section Director, 28 Liberty Street, New York, NY 2003 10005, (212) 416-8206, [email protected]. No rules for which a rule review was required. Charities 2008 Pursuant to SAPA section 207, the Law Department submits the Lucky Sum game added. LTR-44-07-00002. New subdivisions (h) following list of its rules that were adopted during calendar year 2014 and (g) added to 21 NYCRR § 2828.3. (Since renumbered 9 NYCRR and invites public comment on the continuation or modification of §§ 5009.2(h) and 5010.2(g).) such rules. Comments should be sent to the respective agency representative listed below for each particular rule, and must be received Lotto Extra game added. LTR-44-07-00003. New § 2817.12 added within 45 days of the date of publication of this Notice. to 21 NYCRR. (Since renumbered 9 NYCRR § 5008.9.) RULES ADOPTED IN 2014 Licensing and standards for totalisator companies. RWB-32-07- 00013. Part 5100 (since renumbered Part 4300) added to 9 NYCRR. (1) LAW-01-14-00003-A Contents of Annual Financial Reports Filed with the Attorney General by Certain Nonprofits. Internet and telephone account wagering on horse racing. RWB-33- Repeal of section 91.5(f)(3); and addition of new section 91.5(f)(3) 07-00005. Part 5300 (since renumbered Part 4500; amended in July to Title 13 NYCRR. 2017) added to 9 NYCRR. Analysis of the need for the rule: To clarify and simplify procedures Disqualification of horse for interference. RWB-43-07-00011. for requesting extensions of time to file charitable organizations’ an- Amended § 4035.2(d) of 9 NYCRR. nual financial reports. Harness claiming race procedures. RWB-34-08-00004. Amended Legal basis for the rule: Executive Law, section 177(1); Estates, subdivisions (a), (b), (d), (e) and (p) of 9 NYCRR § 4109.3. Powers and Trusts Law, section 8-1.4(h). Use of anabolic steroids in race horses. RWB-44-08-00008. Agency Representative: Written comments concerning the continu- Amended §§ 4043.2(e)(9) and 4120.2(e)(9) of 9 NYCRR and added ation or modification of the above rule may be submitted to: Karin new sections §§ 4043.15 and 4120.12. Kunstler Goldman, Deputy Bureau Chief, 28 Liberty Street, New 2013 York, NY 10005, (212) 416-8392, [email protected]. Mega Millions and Raffle Game added. SGC-30-13-00009. Added a new § 5007.14 to 9 NYCRR. Video Lottery Gaming Advertising. SGC-35-13-00002. Added a Department of Motor Vehicles new paragraph 3 to 9 NYCRR § 5116.6(b). Five Year Review of Rules Adopted by the Department of Motor Establishment of Rules of New York State Gaming Commission. Vehicles in Calendar Years 1999, 2004, 2009 and 2014 Required to be SGC-30-13-00010. Reviewed in Calendar Year 2019.

84 NYS Register/January 2, 2019 Rule Review

As required by section 207 of the State Administrative Procedure ment with limited distractions. Recording equipment creates a distrac- Act, the following is a list of rules that were adopted by the Depart- tion which compromises the safety of the vehicle occupants and ment of Motor Vehicles in calendar years 1999, 2004, 2009 and 2014 motoring public. The regulation provides for an exception when DMV which must be reviewed in calendar year 2019. Public comment on employees use recording devices for training or investigatory the continuation or modification of these rules is invited and will be purposes. The rule remains necessary as part of the DMV’s highway accepted for 45 days from the date of publication in the State Register. safety mission. Comments may be directed to: The Department of Motor Vehicles, Legal basis for the rule: Vehicle and Traffic Law sections 215(a) Counsel’s Office, 6 ESP, Room 522A, Albany, NY 12228. and 502(4)(f) and 508(4). 2014 2009 MTV-25-13-00004 - Part 78.32 – Enforcement of dealer related MTV-16-09-00006 – Part 123 - Traffic Violations Bureau Fines. regulations. Analysis of the need for the rule: Section 226(1)(b) of the Vehicle Analysis of the need for the rule: This regulation was adopted in and Traffic Law (VTL) authorizes the Commissioner of Motor conjunction with regulatory amendments to Part 20 below, regarding Vehicles to establish a schedule of penalties for violations of the VTL requests by registered dealers for release of a motor vehicle lien. This and to print such schedule on the summons issued to a motorist when regulation provides that the submission of false or misleading infor- such ticket is returnable to a Traffic Violations Bureau. In 2009, the mation to DMV in connection with this process may result in a hear- fines set forth in the schedule in Part 123 were increased by 25%, ac- ing which may, upon a finding of guilt, result in the suspension or re- counting for inflation, and to serve as a meaningful deterrent against vocation of the dealer’s registration and any or all of the number violations of the VTL. The rationale for the fine increase remains and, plates. This rule is still used and necessary. therefore, the regulation should not be amended. Legal basis for the rule: Vehicle and Traffic Law sections 215(a) Legal basis for the rule: Vehicle and Traffic Law section 215(a), and 415(9)(b). 225(3) and 226(1)(b). MTV-25-13-00005 – Part 20.17 - Proof of satisfaction of lien by MTV-26-09-00013 – Parts 77 and 78 – Dealer Document Fee. dealers. Analysis of the need for these rules: This amendment raised the Analysis of the need for the rule: This regulation established dealer document fee from $45 to $75. This is a non-DMV fee that a procedures for dealers to demonstrate that they have satisfied a lien in dealer may charge to assist a customer in securing registration and order to obtain a clear title. The Department of Motor Vehicles is title documents from the Department. The increase was necessary to required by law to issue a clear title when it is presented with a proper address the increasing cost of processing DMV registrations and titles application, the requisite statutory fee, and acceptable proof of lien and to allow New York State dealers to compete with dealers in satisfaction from the lender acknowledging that its security interest neighboring states, i.e., with this increase, New York came within has been released. Occasionally, a lender may take several weeks to 50% of the national average of dealer document fees, without posing provide a written lien release to a vehicle owner after satisfaction of an onerous burden on consumers. The need for the dealer document the lien. Chapter 493 of the Laws of 2012 was enacted to expedite the fee remains. issuance of a no-lien title, in order to facilitate the resale of a motor Legal basis for the rule: Vehicle and Traffic Law sections 215(a) vehicle that was traded to a dealer with a lien at the time of the trade. and 419(d)(d). Vehicle and Traffic Law section 2121(b) expedites this process by offering dealers, who arrange for the satisfaction of a lien, a procedure 2004 to demonstrate to the Department that a clean title should be issued MTV-27-03-00004 – Part 5.4(a) – Vision Testing. and, consequently, such clear title shall be issued more quickly. The Analysis of the need for the rule: This regulation provides that an amendments to Section 20.17 were necessary to apprise both lenders applicant for a license may have a health care professional certify that and dealers about those proofs of lien satisfaction that the Commis- he/she meets the Department’s vision requirements. The amendment sioner deems acceptable. Amendments to Section 78.32, above, made provides that such professional may sign the DMV certification form clear that if a dealer abuses the process by submitting false or mislead- within six months or one year of renewal, depending on the patient’s ing information to the Commissioner regarding the satisfaction of a condition. This flexibility gives health care professionals necessary lien, the dealer could face suspension or revocation of its registration. discretion to address unique problems of their patients. Since such This rule, which provides notice to dealers and lienholders about the flexibility is still needed by professionals, the regulation remains process necessary to obtain clean title, remains necessary. necessary. Legal basis for the rule: Vehicle and Traffic Law sections 215(a), Legal basis for the rule: Vehicle and Traffic Law sections 215(a) 2121(a) and (b). and 502(6)(a). MTV-16-14-00004 - Part 21.2 – Temporary license plates. MTV-49-03-000015 – Part 78 – Dealer Document Fee. Analysis of the need for the rule: This regulation permits the Com- Analysis of the need for the rule: This regulation raised the fee a missioner to authorize the issuance of a temporary plate for use by dealer may charge a customer for processing registration and title State agencies and political subdivisions while the permanent plate is paperwork from no more than $20 to no more than $45. The fee was being manufactured. On April 1, 2014, the Department of Motor last raised in 1991. This fee increase was justified because the dealer’s Vehicles instituted a new process for the manufacture of State and po- cost of doing business had increased over the years. Dealers complete litical subdivision license plates that, in part, enhanced law enforce- the 15 documents with each transaction and comply with increasingly ment’s ability to identify State and official vehicles used for emer- complex state laws. Since the cost of doing business has not dimin- gency management purposes. The manufacturing process, which is ished over the past five years, and in fact, continues to rise, this regula- still in place, requires that the new plates be produced after the tion remains necessary. This $45 fee was subsequently increased in registration application is received, therefore requiring the issuance of 2009 to $75. a temporary plate for use pending the production of the permanent Legal basis for the rule: Vehicle and Traffic Law sections 215(a) plate. This rule remains necessary to protect the health, safety, and and 415(9)(d). general welfare of the citizens of New York State. MTV-04-04-00009 – Part 79 – Emissions Inspection Sticker Fees. Legal basis for the rule: Vehicle and Traffic Law sections 215(a) Analysis of the need for the rule: This regulation raised the fee that and 404(3). inspection stations pay for each inspection sticker from $4 to $6. MTV-18-14-00004 – Part 3.5(e) – DMV Road Test. Inspection stations were allowed to pass the cost to their customers. Analysis of the need for the rule: The regulation was added as a The revenue generated from the sale of the tickers is deposited into new section in 2014 which prohibited the use of recording equipment the State’s Clean Air Fund. Since this revenue remains critical to the in vehicles used during a DMV road test. The regulation ensures that State’s ability to monitor the emissions testing program, this regula- the skills test, also known as a road test, is given in a secure environ- tion is still necessary.

85 Rule Review NYS Register/January 2, 2019

Legal basis for the rule: Vehicle and Traffic Law sections 215(a) MTV-14-99-00005 – Part 174 - Placement of electronic toll collec- and 305(a)(2). tion tags. MTV-25-04-00023 – Part 79 – Emissions Inspections. Analysis of the need for the rule: DMV adopted this regulation to Analysis of the need for the rule: The Clean Air Act of 1990 and its permit E-Z Pass holders to place this receiver-transmitter device on ensuing federal regulations required New York State to adopt an On their windshields. This regulation is still necessary, since E-Z Pass Board Diagnostics II (OBDII) system for the inspection of motor holders continue to need to place the device on the windshield. vehicles by July 1, 2004. All 1996 and newer vehicles are subject to Legal basis for the rule: Vehicle and Traffic Law sections 215(a) the OBD II inspection. Failure to adopt this regulation could have and 375(1). resulted in the loss of $2 billion in federal highway funding. Since MTV-09-99-00006 - Part 15 - New York City Commercial Use Tax. OBD II remains essential to compliance with the Clean Air Act and to Analysis of the need for the rule: This amendment authorizes DMV this State’s commitment to clean air, this regulation remains necessary. to collect a commercial motor vehicle use tax on behalf of New York Legal basis for the rule: Vehicle and Traffic Law sections 215(a), City. This regulation was promulgated pursuant to Chapter 789 of the 301(c), 301(d), 301(f), 302(a), 302(b) and 304-a. Laws of 1992 and NYC Local Law No. 57. DMV collects forty dol- MTV-10-04-00023 – Part 134 – Drinking Driver Program. lars for commercial vehicles weighing 10,000 lbs. or less and $400 for Analysis of the need for the rule: This regulation increased the non-medallion taxicabs. Since NYC continues to need this revenue enrollment fee for participating in the Drinking Driver Program (DDP) and has found that DMV can collect the tax more efficiently than from no more than $175 to no more than $225. (The participant also City’s Department of Finance, this regulation is necessary to insure pays DMV a $75 administrative fee). The enrollment fee was raised continued collection of the tax. because the vast majority of DDP providers were operating at a deficit Legal basis for rule: Vehicle and Traffic Law sections 215(a), and requested the increase to adjust for the escalating cost of doing Chapter 1032 of the Laws of 1960, and Chapter 789 of the Laws of business. The previous increase was in 1996. Since the cost of provid- 1992. ing DDP services has not diminished, this regulation remains MTV-47-98-00003 - Part 6 - Medical Qualifications of Bus Drivers. necessary. Analysis of the need for the rule: DMV adopted this regulation to Legal basis for rule: Vehicle and Traffic Law sections 215(a) and clarify that all bus drivers must be alcohol and drug free. Since DMV 1196(1) and 1196(6). continues to hold bus drivers to the highest highway safety standards, MTV-12-04-00002 – Part 134, 135 and 140 – Limited Use Licenses. this regulation is necessary to uphold such standards. Analysis of the need for these rules: These amendments provided Legal basis for the rule: Vehicle and Traffic Law sections 215(a), that a person is not eligible for a conditional, restricted or post- 509-b and 509-g. revocation conditional license (all “limited use” licenses) if such MTV-49-98-00018 - Parts 20 and 78 - Rebuilt Salvage Vehicles. person held a class DJ or MJ license at the time of the violation that Analysis of the need for these rules: The amendments to Parts 20 resulted in the suspension or revocation of the license. Class DJ and and 78 put motor vehicle purchasers and dealers on notice as to MJ licenses are issued to persons under 18 years of age who have little whether a vehicle is deemed a salvage vehicle. Since the value of a ve- driving experience. For highway safety reasons, such persons should hicle is greatly diminished when it is branded salvage, consumers and not be afforded the privileges of a limited use license if their license is dealers have the right to be informed of the vehicle’s status. Since this suspended or revoked. Due to these continuing highway safety remains a great concern to both consumers and dealers, this regulation concerns, this regulation remains necessary. continues to be necessary and beneficial. Legal basis for rule: Vehicle and Traffic Law sections 215(a), 530, Legal basis for rule: Vehicle and Traffic Law sections 215(a) 1196(7)(a), and 1198. 2113(a), 2114(a), and 2126(b). MTV-18-04-00017 – Part 106.6 – Registration of Pickup Trucks. MTV-15-98-00017 - Part 79 - Motor Vehicle Inspection Procedures. Analysis of the need for the rule: The primary purpose of this Analysis of the need for the rule: In 1997, DMV adopted significant amendment was to allow the registration of pick-up trucks in the pas- revisions to Part 79, implementing the High Enhanced Emissions senger class if such truck weighed no more than 5,500 pounds and Program in the New York Metropolitan Area and the Low Enhanced was used exclusively for non-commercial purposes. This regulation Emissions Program in the rest of the State. The 1999 amendments to was supported by many pick-up truck owners and rental car companies Part 79 were primarily technical in nature and served as clarification who were forced to register the vehicle in the commercial class to the 1997 amendments. The technical amendments repealed obsolete because the vehicle weighed more than 5,000 pounds, the previous provisions, deleted repetitive sections, and clarified procedures passenger class threshold. The registration class is important, because required by inspection stations. This regulation is still necessary vehicles with commercial plates are not permitted to operate on many because it continues to reflect inspection station procedures. As of New York’s parkways. Since prohibitions against vehicles with requirements for the stations have changed over the past five years, commercial plates operating on parkways still exist, this regulation appropriate amendments have been made to Part 79. remains necessary. Legal basis for rule: Vehicle and Traffic Law sections 215(a), 301, Legal basis for the rule: Vehicle and Traffic Law section 215(a), and 302, 303, 304, 304-a, 305, and 306. 401(7) and 401(15). MTV-47-98-00005 - Part 174 - Display of windshield stickers. 1999 Analysis of need for the rule: The rule is still necessary to allow the MTV-41-99-00003 - Part 79 - Heavy Duty Diesel Emissions Westchester Taxi and Limousine Commission to place a for-hire Program. sticker on the windshield of for-hire vehicles. The sticker is intended Analysis of the need for the rule: Chapter 621 of the laws of 1998 to protect the safety of the residents of the county and to promote the creates the Heavy Duty Vehicles Emissions Reduction Act, requiring improvement of for-hire services. all diesel powered vehicles with a gross vehicle weight rating of Legal basis for the rule: Vehicle and Traffic Law section 375(1). greater than 8,500 pounds to have an emissions inspection. The law was enacted because diesel powered vehicles pose a threat to the health and well-being of the citizens of New York. This regulation Public Service Commission establishes the specific emissions inspection requirements for diesel Pursuant to 207 of the State Administrative Procedure Act: Review powered vehicles. Since Chapter 621 is still valid law, these regula- of Existing Rules, notice is hereby provided that the Public Service tions continue to be necessary to establish diesel emissions inspection Commission proposes to continue the following rules adopted in 1999, procedures. 2004, and 2009 without modification. Comments are welcome on the Legal basis for rule: Vehicle and Traffic Law sections 215(a) and proposed continuation of these rules. Five copies of comments should 301(f). be sent to: Kathleen Burgess, Secretary, 3 Empire State Plaza, Albany,

86 NYS Register/January 2, 2019 Rule Review

New York 12223-1350, on or before March 8, 2019. Information about e. Need and legal basis for the rules: the rules may be obtained from: John C. Graham, Assistant Counsel, 3 Meter accuracy is important for all utility customers in New York, Empire State Plaza, Albany, New York 12223-1350; (518) 474-7687. including customers served by competitive metering providers and lo- 1. 16 NYCRR § 650 (Case No. 96-C-1174 and 93-C-0142). cal distribution companies. The Commission will continue to depend a. Description of rules: on a variety of methods to ensure the accuracy of the electric meter These amendments to NYCRR Part 650 revise customer owned population in the state including meter acceptance testing and certifi- coin operated telephone (COCOT) rules to address and implement the cation of utility meter testing facilities. FCC’s revisions to the Telecommunications Act of 1996 related to 5. 16 NYCRR §§ 11 and 12 (Case No. 03-M-0117). payphone regulations. a. Description of rules: b. Statutory Authority: Public Service Law (PSL) §§ 90(3), 92-c Amended the Home Energy Fair Practices (HEFPA) rules. and 94(2). c. No hearings or public meetings are scheduled. b. Statutory authority: PSL §§ 30-53, 4(1), 66, 80(1). d. The rules are in effect and will continue. c. No hearings or public meetings are scheduled. e. Need and legal basis for the rules: d. The rules are in effect and will continue. Amendments to 16 NYCRR § 650 reflect changes in The Telecom- e. Need and legal basis for the rules: munications Act of 1996 which deregulated payphone rates and The amendments provide clarification of the rules via the consistent eliminated the distinction between COCOTs and local exchange use of terminology and set forth termination and disconnection company (LEC) pay-phones. The rules change the term ‘‘COCOT’’ to procedures. The amendments also clarify the procedures for energy ‘‘payphone’’ to reflect that change. The rules detail what information service companies (ESCOs) seeking suspension of a residential must be posted on payphone placards and also reword enforcement customer’s distribution service by directing the utilities to apply 16 provisions for violations of the payphone rules. NYCRR Parts 11.4(a) and 11.4(b). They also and amend the required 2. 16 NYCRR § 262 (Case No. 97-G-0230). contents of ESCO notices of termination. a. Description of rules: This part requires operators of pipeline facilities subject to Parts 192, 193 or 195 of Title 49 of the Code of Federal Regulations (49 CFR) to test employees for the presence of prohibited drugs and to provide an employee assistance program. b. Statutory Authority: Public Service Law Sections 65(1), 66(1) . c. No hearings or public meetings are scheduled. d. The rules are in effect and will continue. e. Need and legal basis for the rules: The intent of the amendments are to bring the State’s pipeline safety regulations into conformance with the counterpart Federal Depart- ment of Transportation regulations, which had been amended several times over the previous years. The most significant revision is the addition of regulations pertaining to alcohol testing. The New York State Department of Public Service (DPS or Commission) is certified under section 60105(a) of the Federal Accountable Pipeline Safety and Partnership Act of 1996 (49 U.S.C. § 60105[a]) to act as a representative for the Administrator of the Research and Special Programs Administration (RSPA) in enforcing pipeline safety regulations within New York State. A requirement of that certification is that state regulations be at least as stringent as federal regulations. 3. 16 NYCRR §§ 150-152, 165-172, 290-292, 310-317, 440-441, 541-542 and Appendix 4A (repealed); §§ 10.2b, 165-167, 310, 312 and 731-733 (added); § 663.1 (amended) (Case No. 98-M-0756). a. Description of Rules: These changes streamlined certain rules and reporting requirements applicable to the utilities DPS regulates. b. Statutory Authority: PSL §§ 66(4)(10), 80(3)(8), 89-c(3)(8), 95(2). c. No hearings or public meetings are scheduled. d. The rules are in effect and will continue. e. Need and legal basis for the rules: The rule changes bring DPS into compliance with federal regulations, 18 CFR Part 101, and 18 CFR 201, pertaining to Uniform System of Accounts for public utilities and natural gas companies. 4. 16 NYCRR § 92 (Case No. 02-E-0255). a. Description of rules: The revisions to 16 NYCRR § 92 streamline and simplify the existing rules for meter testing and reporting. These changes were made to recognize advances in technology and to promote and encourage competitive metering. b. Statutory authority: PSL § 67(4). c. No hearings or public meetings are scheduled. d. The rules are in effect and will continue.

SECURITIES OFFERINGS

STATE NOTICES Dermody Properties Industrial Fund REIT IV LLC 5500 Equity Ave., Reno, NV 89502 Published pursuant to provisions of General Business Law State or country in which incorporated — Delaware [Art. 23-A, § 359-e(2)] Emerald Acquisitions 2018, LLC 75 14th St., Suite 2250, Atlanta, GA 30309 DEALERS; BROKERS State or country in which incorporated — Georgia

Falfurrias Capital Partners IV, LP 515 West 111th St. Inc. 100 N. Tryon St., Suite 4100, Charlotte, NC 28202 1841 Broadway, Suite 811, New York, NY 10023 State or country in which incorporated — New York Partnership — Falfurrias Equity Partners IV LLC

ABRY Partners IX, L.P. Financeware Holdings LLC c/o ABRY Partners II, LLC, 888 Boylston St., Suite 1600, Boston, c/o NewSpring Holdings, LLC, 555 E. Lancaster Ave., 3rd Fl., Radnor, MA 02199 PA 19087 Partnership — ABRY IX Capital Partners, L.P. State or country in which incorporated — Delaware limited liability company Akelos Inc. 40 Park Ave., Suite 6, New York, NY 10016 GI Cog Parent LP State or country in which incorporated — Delaware 188 The Embarcadero, 7th Fl., San Francisco, CA 94105 Partnership — GI Cog GP LLC Amundi Pioneer Distributor, Inc. 60 State St., 19th Fl., Boston, MA 02109 GI Cog Topco Inc. State or country in which incorporated — Delaware 188 The Embarcadero, 7th Fl., San Francisco, CA 94105 State or country in which incorporated — Delaware Asia Realty Fund IV (SO), L.P. c/o Angelo, Gordon & Co., L.P., 245 Park Ave., New York, NY 10167 Holobeam Technologies Inc. Partnership — AG Asia IV LLC 936 Roxbury Dr., Westbury, NY 11590 State or country in which incorporated — Delaware Beach Investment Fund, L.P. 211 King St., Suite 300, Charleston, SC 29401 Husky Energy Inc. Partnership — BIF GP1, LLC 707 8th Ave. SW, P.O. Box 6525, Station D, Calgary, Alberta Canada T2P 3G7 BH3 Debt Opportunity Fund I, L.P. State or country in which incorporated — Canada 21500 Biscayne Blvd., Suite 302, Aventura, FL 33180 Partnership — BH3 Debt Opportunity Fund I GP, LLC Ledger Asset Management LLC 575 Madison Ave., 7th Fl., New York, NY 10022 BlackSand Capital Opportunity Fund II-A, L.P. State or country in which incorporated — Delaware 1288 Ala Moana Blvd., Suite 288, Honolulu, HI 96814 Partnership — BlackSand Capital Management Fund II-A, L.P. Legacy Land 2018 Investments Fund, LLC 718 W. Business Hwy. 60, Dexter, MO 63841 Brott Real Estate Equities LLC State or country in which incorporated — Missouri 408 Graham Ave., Santa Fe, NM 87501 Manage Mindfully, Inc. Centro Railyard, LLC 16 Court St., Suite 504, Brooklyn, NY 11241 333 W. Trade St., Suite 370, Charlotte, NC 28202 State or country in which incorporated — New York State or country in which incorporated — North Carolina Messis Investments, L.P. Coherix, Inc. c/o Intertrust Corporate Services (Cayman) Limited, 190 Elgin Ave., 3980 Ranchero Dr., Ann Arbor, MI 48108 George Town, Grand Cayman, KY1-9005, Cayman Islands State or country in which incorporated — Delaware Partnership — Messis Investments, L.P.

Dermody Properties Industrial Fund REIT III LLC Micro Cap Partners, L.P. 5500 Equity Ave., Reno, NV 89502 470 University Ave., Palo Alto, CA 94301 State or country in which incorporated — Delaware Partnership — PAI LLC, general partner

89 Securities Offerings NYS Register/January 2, 2019

New Rhein Healthcare 18 LP SRC MME Credit, LP Maples Corporate Services Limited, PO Box 309, Ugland House, 1345 Abbot Kinney Blvd., Venice, CA 90291 Grand Cayman, Cayman Islands KY1-1104 State or country in which incorporated — Delaware Partnership — New Rhein Healthcare 18 GP Sarl SRC MME REIT, LP New Rhein Healthcare 18 (Parallel) SCSp 1345 Abbot Kinney Blvd., Venice, CA 90291 6D, route de Treves, L-2633 Senningberg, Grand Duchy of Luxem- State or country in which incorporated — Delaware bourg Partnership — New Rhein Healthcare 18 GP Sarl Steel City Capital Investments, LLC 134 S. Highland Ave., Suite 7, Pittsburgh, PA 15206 Northwoods Capital Equity Holdings II, L.P. State or country in which incorporated — Delaware c/o Angelo, Gordon & Co., L.P., 245 Park Ave., New York, NY 10167 Stonepine Capital, L.P. Partnership — Northwoods Capital Equity Holdings II GP, LLC 919 NW. Bond St., Suite 204, Bend, OR 97703 Partnership — Stonepine Capital Management, LLC Obsidian Opportunity Fund 2018, LLC 718 W. Business Hwy. 60, Dexter, MO 63841 Sumeru Equity Partners Fund III L.P. State or country in which incorporated — Delaware 950 Tower Lane, Suite 1788, Foster City, CA 94404 Partnership — SEP General Partner III, L.P. Ovation Alternative Income Fund-A, LP 835 W. 6th St., Suite 1440, Austin, TX 78703 Tectonic Audio Labs Inc. Partnership — Ovation Fund Management II LLC 17802 134th Ave. NE, Bldg. 4, Suite 20, Woodinville, WA 98072 State or country in which incorporated — Delaware Pagac III LP c/o International Corporation Services Ltd., Box 472, 2nd Fl., Harbour Thoma Bravo Credit Fund I Feeder, L.P. Place, 103 S. Church St., George Town, Grand Cayman, KY1-1106 150 N. Riverside Plaza, Suite 2800, Chicago, IL 60606 Cayman Islands Partnership — Thoma Bravo Credit Partners I, L.P. Partnership — Pagac III GP Limited WAI, LLC Palo Alto Advanced Life Sciences Fund, L.P. 16047 Collins Ave., Suite 3404, Sunny Isles Beach, FL 33160 470 University Ave., Palo Alto, CA 94301 State or country in which incorporated — Florida Partnership — PAI LLC, general partner Weave Markets, LLC Palo Alto Advanced Life Sciences Offshore Fund, Ltd. 185 Hudson St., Suite 2500, Jersey City, NJ 07311 470 University Ave., Palo Alto, CA 94301 State or country in which incorporated — Delaware State or country in which incorporated — Cayman Islands

Palo Alto Healthcare Fund, L.P. 470 University Ave., Palo Alto, CA 94301 Partnership — PAI LLC, general partner

Palo Alto Healthcare Offshore Ltd. 470 University Ave., Palo Alto, CA 94301 State or country in which incorporated — Cayman Islands

SC/CA 1900 W Lawrence Preferred Equity, LLC 1006 Davis St., Evanston, IL 60201 State or country in which incorporated — Delaware

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

SEP Strategic Advisers Fund III L.P. 950 Tower Lane, Suite 1788, Foster City, CA 94404 Partnership — SEP General Partner III, L.P.

Shenandoah Hills RV Resort & Cottages - D.C., LLC 25515 Via Mariquita, Suite 100, Carmel, CA 93923 State or country in which incorporated — Virginia

SmartCap Commercial Real Estate Value Fund LLC 8201 164th Ave. NE, Suite 200, Redmond, WA 98052 State or country in which incorporated — Washington

Solace Lifesciences, Inc. 501 Silverside Rd., #7, Wilmington, DE 19809 State or country in which incorporated — Delaware

90 ADVERTISEMENTS FOR BIDDERS/CONTRACTORS

Bidders are warned that time is of the essence of the Contract and SEALED BIDS substantial completion of the Work must be within 450 days after the Agreement is approved by the Comptroller. Due to the tightness of the REPAIR construction schedule, bidders should consider the necessity for an MASONRY increased work force and shift operations. State Armory The only time prospective bidders will be allowed to visit the job Binghamton, Broome County site to take field measurements and examine existing conditions of the project area will be at 10:00 a.m. on January 3, 2019 at Binghamton Sealed bids for Project No. Q1581-C, for Construction Work, Repair Armory, 85 West End Avenue, Binghamton, NY. Prospective bidders Masonry, State Armory, 85 West End Avenue, Binghamton (Broome are urged to visit the site at this time. Prospective bidders or their County), NY, will be received by the Office of General Services representatives attending the pre-bid site visit will not be admitted on (OGS), Design & Construction Group (D&C), Division of Contract facility grounds without proper photo identification. Note that parking Management, 35th Fl., Corning Tower, Empire State Plaza, Albany, restrictions and security provisions will apply and all vehicles will be NY 12242, on behalf of the Division of Military and Naval Affairs, subject to search. until 2:00 p.m. on Wednesday, January 16, 2019, when they will be publicly opened and read. Each bid must be prepared and submitted in Phone the office of Luanne Vaughn, (607) 721-8716 a minimum of accordance with the Instructions to Bidders and must be accompanied 24 hours in advance of the date to provide the names of those who will by a certified check, bank check, or bid bond in the amount of $78,400 attend the pre-bid site visit. for C. Pursuant to New York State Executive Law Article 15-A and the All successful bidders will be required to furnish a Performance rules and regulations promulgated thereunder, OGS is required to Bond and a Labor and Material Bond in the statutory form of public promote opportunities for the maximum feasible participation of New bonds required by Sections 136 and 137 of the State Finance Law, York State-certified Minority- and Women-owned Business Enter- each for 100% of the amount of the Contract estimated to be between prises (“MWBEs”) and the employment of minority group members $2,000,000 and $3,000,000 for C. and women in the performance of OGS contracts. All bidders are expected to cooperate in implementing this policy. OGS hereby Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation establishes an overall goal of 20% for MWBE participation, 7% for includes and imposes certain restrictions on communications between Minority-Owned Business Enterprises (“MBE”) participation and OGS D&C and a bidder during the procurement process. A bidder is 13% for Women-Owned Business Enterprises (“WBE”) participation restricted from making contacts from the earliest posting, on the OGS (based on the current availability of qualified MBEs and WBEs). The website, in a newspaper of general circulation, or in the Contract total contract goal can be obtained by utilizing any combination of Reporter of written notice, advertisement or solicitation of offers MBE and /or WBE participation for subcontracting and supplies through final award and approval of the contract by OGS D&C and acquired under this Contract. the Office of the State Comptroller (“Restricted Period”) to other than designated staff unless it is a contact that is included among certain The Office of General Services reserves the right to reject any or all statutory exceptions set forth in State Finance Law § 139-j(3)(a). bids. Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in The Bidding and Contract Documents for this Project are available the Division of Contract Management, telephone (518) 474-0203, fax on compact disc (CD) only, and may be obtained for an $8.00 deposit (518) 473-7862 and John Lewyckyj, Deputy Director, Design & per set, plus a $2.00 per set shipping and handling fee. Contractors Construction Group, telephone (518) 474-0201, fax (518) 486-1650. and other interested parties can order CD’s on-line through a secure OGS D&C employees are also required to obtain certain information web interface available 24 hours a day, 7 days a week. Please use the when contacted during the restricted period and make a determination following link at the OGS website for ordering and payment of the responsibility of the bidder pursuant to these two statutes. instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp Certain findings of non-responsibility can result in rejection for For questions about purchase of bid documents, please send an contract award and in the event of two findings within a four-year pe- e-mail to [email protected], or call (518) 474-0203. riod, the bidder is debarred from obtaining governmental Procurement For additional information on this project, please use the link below Contracts. Bidders responding to this Advertisement must familiarize and then click on the project number: https://online.ogs.ny.gov/dnc/ themselves with the State Finance Law requirements and will be contractorConsultant/esb/ESBPlansAvailableIndex.asp expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ By John D. Lewyckyj, Deputy Director regulations/defaultAdvisoryCouncil.html OGS - Design & Construction Group As a condition of award, within 48 hours of receipt of the proposed Contract Agreement from the State, the low bidder shall return the REPLACE Contract Agreement to the State, properly executed, along with the WINDOWS Bonds if required by said Agreement. Low bidders who cannot meet Auburn Correctional Facility these provisions may be subject to disqualification and forfeiture of Auburn, Cayuga County the bid security. The State intends to expedite award of this Contract and the Sealed bids for Project No. 45363-C, for Construction Work, Contractor shall be prepared to proceed with the Work accordingly. Replace Windows Industries Building Nos. 15 & 16, Auburn Cor-

91 Advertisements for Bidders/Contractors NYS Register/January 2, 2019 rectional Facility, 135 State Street, PO Box 618, Auburn, (Cayuga The Bidding and Contract Documents for this Project are available County), NY, will be received by the Office of General Services on compact disc (CD) only, and may be obtained for an $8.00 deposit (OGS), Design & Construction Group (D&C), Division of Contract per set, plus a $2.00 per set shipping and handling fee. Contractors Management, 35th Fl., Corning Tower, Empire State Plaza, Albany, and other interested parties can order CD’s on-line through a secure NY 12242, on behalf of the Department of Corrections and Com- web interface available 24 hours a day, 7 days a week. Please use the munity Supervision, until 2:00 p.m. on Wednesday, January 16, 2019, following link at the OGS website for ordering and payment when they will be publicly opened and read. Each bid must be pre- instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp pared and submitted in accordance with the Instructions to Bidders For questions about purchase of bid documents, please send an and must be accompanied by a certified check, bank check, or bid e-mail to [email protected], or call (518) 474-0203. bond in the amount of $174,200 for C. For additional information on this project, please use the link below All successful bidders will be required to furnish a Performance and then click on the project number: https://online.ogs.ny.gov/dnc/ Bond and a Labor and Material Bond in the statutory form of public contractorConsultant/esb/ESBPlansAvailableIndex.asp bonds required by Sections 136 and 137 of the State Finance Law, each for 100% of the amount of the Contract estimated to be between By John D. Lewyckyj, Deputy Director $6,000,000 and $7,000,000 for C. OGS - Design & Construction Group Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is PROVIDE restricted from making contacts from the earliest posting, on the OGS LEAD MITIGATION website, in a newspaper of general circulation, or in the Contract NYC Armory Reporter of written notice, advertisement or solicitation of offers New York, New York County through final award and approval of the contract by OGS D&C and the Office of the State Comptroller (“Restricted Period”) to other than Sealed bids for Project No. 45609-C, for Construction Work, Provide Lead Mitigation, NYC Armory, Lexington, 68 Lexington Av- designated staff unless it is a contact that is included among certain enue, New York (New York County), NY, will be received by the Of- statutory exceptions set forth in State Finance Law § 139-j(3)(a). fice of General Services (OGS), Design & Construction Group (D&C), Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in Division of Contract Management, 35th Fl., Corning Tower, Empire the Division of Contract Management, telephone (518) 474-0203, fax State Plaza, Albany, NY 12242, on behalf of the Division of Military (518) 473-7862 and John Lewyckyj, Deputy Director, Design & and Naval Affairs, until 2:00 p.m. on Wednesday, January 16, 2019, Construction Group, telephone (518) 474-0201, fax (518) 486-1650. when they will be publicly opened and read. Each bid must be pre- OGS D&C employees are also required to obtain certain information pared and submitted in accordance with the Instructions to Bidders when contacted during the restricted period and make a determination and must be accompanied by a certified check, bank check, or bid of the responsibility of the bidder pursuant to these two statutes. bond in the amount of $213,100 for C. Certain findings of non-responsibility can result in rejection for All successful bidders will be required to furnish a Performance contract award and in the event of two findings within a four-year pe- Bond and a Labor and Material Bond in the statutory form of public riod, the bidder is debarred from obtaining governmental Procurement bonds required by Sections 136 and 137 of the State Finance Law, Contracts. Bidders responding to this Advertisement must familiarize each for 100% of the amount of the Contract estimated to be between themselves with the State Finance Law requirements and will be $8,000,000 and $9,000,000 for C. expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ includes and imposes certain restrictions on communications between regulations/defaultAdvisoryCouncil.html OGS D&C and a bidder during the procurement process. A bidder is restricted from making contacts from the earliest posting, on the OGS The substantial completion date for this project is 629 days after the website, in a newspaper of general circulation, or in the Contract Agreement is approved by the Comptroller. Reporter of written notice, advertisement or solicitation of offers The only time prospective bidders will be allowed to visit the job through final award and approval of the contract by OGS D&C and site to take field measurements and examine existing conditions of the the Office of the State Comptroller (“Restricted Period”) to other than project area will be at 9:00 a.m. on January 3, 2019 at OGS Trailer, 29 designated staff unless it is a contact that is included among certain W. Garden Street, Auburn, NY. Prospective bidders are urged to visit statutory exceptions set forth in State Finance Law § 139-j(3)(a). the site at this time. Prospective bidders or their representatives at- Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in tending the pre-bid site visit will not be admitted on facility grounds the Division of Contract Management, telephone (518) 474-0203, fax without proper photo identification. Note that parking restrictions and (518) 473-7862 and John Lewyckyj, Deputy Director, Design & security provisions will apply and all vehicles will be subject to search. Construction Group, telephone (518) 474-0201, fax (518) 486-1650. Phone the office of Kevin Schlieper, (315) 253-8282 a minimum of OGS D&C employees are also required to obtain certain information 72 hours in advance of the date to provide the names of those who will when contacted during the restricted period and make a determination attend the pre-bid site visit. of the responsibility of the bidder pursuant to these two statutes. Pursuant to New York State Executive Law Article 15-A and the Certain findings of non-responsibility can result in rejection for rules and regulations promulgated thereunder, OGS is required to contract award and in the event of two findings within a four-year pe- promote opportunities for the maximum feasible participation of New riod, the bidder is debarred from obtaining governmental Procurement York State-certified Minority- and Women-owned Business Enter- Contracts. Bidders responding to this Advertisement must familiarize prises (“MWBEs”) and the employment of minority group members themselves with the State Finance Law requirements and will be and women in the performance of OGS contracts. All bidders are expected to affirm that they understand and agree to comply on the bid expected to cooperate in implementing this policy. OGS hereby form. Further information about these requirements can be found establishes an overall goal of 30% for MWBE participation, 15% for within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ Minority-Owned Business Enterprises (“MBE”) participation and regulations/defaultAdvisoryCouncil.html 15% for Women-Owned Business Enterprises (“WBE”) participation As a condition of award, within 48 hours of receipt of the proposed (based on the current availability of qualified MBEs and WBEs). The Contract Agreement from the State, the low bidder shall return the total contract goal can be obtained by utilizing any combination of Contract Agreement to the State, properly executed, along with the MBE and /or WBE participation for subcontracting and supplies Bonds if required by said Agreement. Low bidders who cannot meet acquired under this Contract. these provisions may be subject to disqualification and forfeiture of The Office of General Services reserves the right to reject any or all the bid security. bids. The State intends to expedite award of this Contract and the

92 NYS Register/January 2, 2019 Advertisements for Bidders/Contractors

Contractor shall be prepared to proceed with the Work accordingly. All successful bidders will be required to furnish a Performance Bidders are warned that time is of the essence of the Contract and Bond and a Labor and Material Bond in the statutory form of public substantial completion of the Work must be within 1288 days after the bonds required by Sections 136 and 137 of the State Finance Law, Agreement is approved by the Comptroller. Due to the tightness of the each for 100% of the amount of the Contract estimated to be between construction schedule, bidders should consider the necessity for an $250,000 and $500,000 for C, between $100,000 and $250,000 for H, increased work force and shift operations. between $100,000 and $250,000 for P, and between $100,000 and The only time prospective bidders will be allowed to visit the job $250,000 for E. site to take field measurements and examine existing conditions of the Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation project area will be at 11:00 a.m. on January 7, 2019 at State Armory, includes and imposes certain restrictions on communications between 68 Lexington Avenue, New York, NY. Meet at front steps of building. OGS D&C and a bidder during the procurement process. A bidder is Hard hat and OSHA compliant construction shoes are mandatory and restricted from making contacts from the earliest posting, on the OGS a Valid ID is required. Prospective bidders are urged to visit the site at website, in a newspaper of general circulation, or in the Contract this time. Prospective bidders or their representatives attending the Reporter of written notice, advertisement or solicitation of offers pre-bid site visit will not be admitted on facility grounds without through final award and approval of the contract by OGS D&C and proper photo identification. Note that parking restrictions and security the Office of the State Comptroller (“Restricted Period”) to other than provisions will apply and all vehicles will be subject to search. designated staff unless it is a contact that is included among certain Phone the office of Robin Griffiths, (845) 365-0730 a minimum of statutory exceptions set forth in State Finance Law § 139-j(3)(a). 24 hours in advance of the date to provide the names of those who will Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in attend the pre-bid site visit. the Division of Contract Management, telephone (518) 474-0203, fax Pursuant to New York State Executive Law Article 15-A and the (518) 473-7862 and John Lewyckyj, Deputy Director, Design & rules and regulations promulgated thereunder, OGS is required to Construction Group, telephone (518) 474-0201, fax (518) 486-1650. promote opportunities for the maximum feasible participation of New OGS D&C employees are also required to obtain certain information York State-certified Minority- and Women-owned Business Enter- when contacted during the restricted period and make a determination prises (“MWBEs”) and the employment of minority group members of the responsibility of the bidder pursuant to these two statutes. and women in the performance of OGS contracts. All bidders are Certain findings of non-responsibility can result in rejection for expected to cooperate in implementing this policy. OGS hereby contract award and in the event of two findings within a four-year pe- establishes an overall goal of 30% for MWBE participation, 15% for riod, the bidder is debarred from obtaining governmental Procurement Minority-Owned Business Enterprises (“MBE”) participation and Contracts. Bidders responding to this Advertisement must familiarize 15% for Women-Owned Business Enterprises (“WBE”) participation themselves with the State Finance Law requirements and will be (based on the current availability of qualified MBEs and WBEs). The expected to affirm that they understand and agree to comply on the bid total contract goal can be obtained by utilizing any combination of form. Further information about these requirements can be found MBE and /or WBE participation for subcontracting and supplies within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ acquired under this Contract. regulations/defaultAdvisoryCouncil.html The Office of General Services reserves the right to reject any or all As a condition of award, within 48 hours of receipt of the proposed bids. Contract Agreement from the State, the low bidder shall return the The Bidding and Contract Documents for this Project are available Contract Agreement to the State, properly executed, along with the on compact disc (CD) only, and may be obtained for an $8.00 deposit Bonds if required by said Agreement. Low bidders who cannot meet per set, plus a $2.00 per set shipping and handling fee. Contractors these provisions may be subject to disqualification and forfeiture of and other interested parties can order CD’s on-line through a secure the bid security. web interface available 24 hours a day, 7 days a week. Please use the The State intends to expedite award of this Contract and the following link at the OGS website for ordering and payment Contractor shall be prepared to proceed with the Work accordingly. instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp Bidders are warned that time is of the essence of the Contract and For questions about purchase of bid documents, please send an substantial completion of the Work must be within 286 days after the e-mail to [email protected], or call (518) 474-0203. Agreement is approved by the Comptroller. Due to the tightness of the construction schedule, bidders should consider the necessity for an For additional information on this project, please use the link below increased work force and shift operations. and then click on the project number: https://online.ogs.ny.gov/dnc/ contractorConsultant/esb/ESBPlansAvailableIndex.asp The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 11:30 a.m. on January 3, 2019 at State Armory, By John D. Lewyckyj, Deputy Director 85 West End Avenue, Binghamton, NY. Prospective bidders are urged OGS - Design & Construction Group to visit the site at this time. Prospective bidders or their representatives attending the pre-bid site visit will not be admitted on facility RENOVATE grounds without proper photo identification. Note that parking restric- RESTROOMS AND LOCKER ROOMS tions and security provisions will apply and all vehicles will be subject State Armory to search. Binghamton, Broome County Phone the office of Luanne Vaughn, (607) 721-8716 a minimum of 24 hours in advance of the date to provide the names of those who will Sealed bids for Project Nos. 45658-C, 45658-H, 45658-P, 45658-E, attend the pre-bid site visit. comprising separate contracts for Construction Work, HVAC Work, Pursuant to New York State Executive Law Article 15-A and the Plumbing Work, and Electrical Work, Renovate Restrooms & Locker rules and regulations promulgated thereunder, OGS is required to Rooms, State Armory. 85 West End Avenue, Binghamton (Broome promote opportunities for the maximum feasible participation of New County), NY, will be received by the Office of General Services York State-certified Minority- and Women-owned Business Enter- (OGS), Design & Construction Group (D&C), Division of Contract prises (“MWBEs”) and the employment of minority group members Management, 35th Fl., Corning Tower, Empire State Plaza, Albany, and women in the performance of OGS contracts. All bidders are NY 12242, on behalf of the Division of Military and Naval Affairs, expected to cooperate in implementing this policy. OGS hereby until 2:00 p.m. on Wednesday, January 16, 2019, when they will be establishes an overall goal of 30% for MWBE participation, 15% for publicly opened and read. Each bid must be prepared and submitted in Minority-Owned Business Enterprises (“MBE”) participation and accordance with the Instructions to Bidders and must be accompanied 15% for Women-Owned Business Enterprises (“WBE”) participation by a certified check, bank check, or bid bond in the amount of $24,900 (based on the current availability of qualified MBEs and WBEs) for for C, $11,100 for H, $17,300 for P, and $10,700 for E. Construction Work and an overall goal of 10% for MWBE participa-

93 Advertisements for Bidders/Contractors NYS Register/January 2, 2019 tion, 5% for Minority-Owned Business Enterprises (“MBE”) participa- riod, the bidder is debarred from obtaining governmental Procurement tion and 5% for Women-Owned Business Enterprises (“WBE”) Contracts. Bidders responding to this Advertisement must familiarize participation (based on the current availability of qualified MBEs and themselves with the State Finance Law requirements and will be WBEs) for HVAC and Electrical Work and an overall goal of 18% for expected to affirm that they understand and agree to comply on the bid MWBE participation, 9% for Minority-Owned Business Enterprises form. Further information about these requirements can be found (“MBE”) participation and 9% for Women-Owned Business Enter- within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ prises (“WBE”) participation (based on the current availability of regulations/defaultAdvisoryCouncil.html qualified MBEs and WBEs) for Plumbing Work. The total contract The substantial completion date for this project is 213 days after the goal can be obtained by utilizing any combination of MBE and /or Agreement is approved by the Comptroller. WBE participation for subcontracting and supplies acquired under this Contract. The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the The Office of General Services reserves the right to reject any or all project area will be at 10:00 a.m. on January 3, 2019 at State Pre- bids. paredness Training Center, 5900 Airport Drive Road, Building 1, The Bidding and Contract Documents for this Project are available Oriskany, NY. Prospective bidders are urged to visit the site at this on compact disc (CD) only, and may be obtained for an $8.00 deposit time. Prospective bidders or their representatives attending the pre-bid per set, plus a $2.00 per set shipping and handling fee. Contractors site visit will not be admitted on facility grounds without proper photo and other interested parties can order CD’s on-line through a secure identification. Note that parking restrictions and security provisions web interface available 24 hours a day, 7 days a week. Please use the will apply and all vehicles will be subject to search. following link at the OGS website for ordering and payment Phone the office of Tracy Gualtieri, (315) 337-0159 a minimum of instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp 48 hours in advance of the date to provide the names of those who will For questions about purchase of bid documents, please send an attend the pre-bid site visit. e-mail to [email protected], or call (518) 474-0203. Pursuant to New York State Executive Law Article 15-A and the For additional information on this project, please use the link below rules and regulations promulgated thereunder, OGS is required to and then click on the project number: https://online.ogs.ny.gov/dnc/ promote opportunities for the maximum feasible participation of New contractorConsultant/esb/ESBPlansAvailableIndex.asp York State-certified Minority- and Women-owned Business Enter- prises (“MWBEs”) and the employment of minority group members By John D. Lewyckyj, Deputy Director and women in the performance of OGS contracts. All bidders are OGS - Design & Construction Group expected to cooperate in implementing this policy. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and REPLACE 15% for Women-Owned Business Enterprises (“WBE”) participation WINDOWS AND DOORS (based on the current availability of qualified MBEs and WBEs). The Oriskany Facility total contract goal can be obtained by utilizing any combination of Oriskany, Oneida County MBE and /or WBE participation for subcontracting and supplies acquired under this Contract. Sealed bids for Project No. 45772-C, for Construction Work, The Office of General Services reserves the right to reject any or all Replace Windows and Doors, Building 3, Oriskany Facility, 5900 bids. Airport Road, Oriskany (Oneida County), NY, will be received by the The Bidding and Contract Documents for this Project are available Office of General Services (OGS), Design & Construction Group on compact disc (CD) only, and may be obtained for an $8.00 deposit (D&C), Division of Contract Management, 35th Fl., Corning Tower, per set, plus a $2.00 per set shipping and handling fee. Contractors Empire State Plaza, Albany, NY 12242, on behalf of the Office of and other interested parties can order CD’s on-line through a secure General Services, until 2:00 p.m. on Wednesday, January 16, 2019, web interface available 24 hours a day, 7 days a week. Please use the when they will be publicly opened and read. Each bid must be pre- following link at the OGS website for ordering and payment pared and submitted in accordance with the Instructions to Bidders instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp and must be accompanied by a certified check, bank check, or bid bond in the amount of $23,900 for C. For questions about purchase of bid documents, please send an e-mail to [email protected], or call (518) 474-0203. All successful bidders will be required to furnish a Performance Bond and a Labor and Material Bond in the statutory form of public For additional information on this project, please use the link below bonds required by Sections 136 and 137 of the State Finance Law, and then click on the project number: https://online.ogs.ny.gov/dnc/ each for 100% of the amount of the Contract estimated to be between contractorConsultant/esb/ESBPlansAvailableIndex.asp $250,000 and $500,000 for C. Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation By John D. Lewyckyj, Deputy Director includes and imposes certain restrictions on communications between OGS - Design & Construction Group OGS D&C and a bidder during the procurement process. A bidder is restricted from making contacts from the earliest posting, on the OGS website, in a newspaper of general circulation, or in the Contract Reporter of written notice, advertisement or solicitation of offers through final award and approval of the contract by OGS D&C and the Office of the State Comptroller (“Restricted Period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in the Division of Contract Management, telephone (518) 474-0203, fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year pe-

94 MISCELLANEOUS NOTICES/HEARINGS

Notice of Abandoned Property Houser, Chad L - Clifton Park, NY Received by the State Comptroller Hudson, Trey C - East Meadow, NY Lloyd, Jamison G - Dexter, NY Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies Muir, Michael L - Wappingers Falls, NY and other property deemed abandoned. A list of the names and last Pakula, Eric C - Buffalo, NY known addresses of the entitled owners of this abandoned property is Ryan, Michael D - Plattsburgh, NY maintained by the office in accordance with Section 1401 of the Wheelock, James H - Carmel, NY Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of For further information, contact: Kimberly Zeto, New York State Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 Retirement Systems, 110 State St., Albany, NY 12244, (518) 474- p.m., at: 3502 1-800-221-9311 or visit our web site at: PUBLIC NOTICE www.osc.state.ny.us New York State and Local Retirement System Claims for abandoned property must be filed with the New York Pursuant to Retirement and Social Security Law, the New York State State Comptroller’s Office of Unclaimed Funds as provided in Section and Local Employees’ Retirement System hereby gives public notice 1406 of the Abandoned Property Law. For further information contact: of the following: Office of the State Comptroller, Office of Unclaimed Funds, 110 State The persons whose names and last known addresses are set forth St., Albany, NY 12236. below appear from records of the above named Retirement System to be entitled to accumulated contributions held by said retirement system whose membership terminated pursuant to Section 613 of the PUBLIC NOTICE Retirement and Social Security Law on or before November 30, 2018. New York State and Local Retirement System This notice is published pursuant to Section 109 of the Retirement and Pursuant to Retirement and Social Security Law, the New York State Social Security Law of the State of New York. A list of the names and Local Employees’ Retirement System hereby gives public notice contained in this notice is on file and open to public inspection at the of the following: office of the New York State and Local Retirement System located at The persons whose names and last known addresses are set forth the 110 State St., in the City of Albany, New York. At the expiration of below appear from records of the above named Retirement System to six months from the date of the publication of this notice. The ac- be entitled to accumulated contributions held by said retirement cumulated contributions of the persons so listed shall be deemed system whose membership terminated pursuant to Section 517-a of abandoned and shall be placed in the pension accumulation fund to be the Retirement and Social Security Law on or before November 30, used for the purpose of said fund. Any accumulated contributions so 2018. deemed abandoned and transferred to the pension accumulation fund may be claimed by the persons who made such accumulated contribu- This notice is published pursuant to Section 109 of the Retirement tions or, in the event of his death, by his estate or such person as he and Social Law of the State of New York. shall have nominated to receive such accumulated contributions, by A list of the names contained in this notice is on file and open to filing a claim with the State Comptroller in such form and in such a public inspection at the office of the New York State and Local Retire- manner as may be prescribed by him, seeking the return of such ment System located at the 110 State St., in the City of Albany, New abandoned contributions. In the event such claim is properly made the York. At the expiration of six months from the date of the publication State Comptroller shall pay over to the person or persons or estate of this notice. The accumulated contributions of the persons so listed making the claim such amount of such accumulated contributions shall be deemed abandoned and shall be placed in the pension ac- without interest. cumulation fund to be used for the purpose of said fund. Any ac- Aanensen, Colleen A - Delanson, NY cumulated contributions so deemed abandoned and transferred to the pension accumulation fund may be claimed by the persons who made Ahearn, Allisan K - Westtown, NY such accumulated contributions or, in the event of his death, by his Alaia, John T - Moriches, NY estate or such person as he shall have nominated to receive such ac- Allen, Sadie P - Beverly Hills, FL cumulated contributions, by filing a claim with the State Comptroller Almendinger, Michael A - Lake View, NY in such form and in such a manner as may be prescribed by him, seek- Alston, Jumel M - Middletown, NY ing the return of such abandoned contributions. In the event such claim is properly made the State Comptroller shall pay over to the person or Alvarez, Jeremy A - Cattaraugus, NY persons or estate making the claim such amount of such accumulated Anderson, Kirstin - Glen Cove, NY contributions without interest. Andersson, Karen - Indian Lake, NY Bushey, Corey A - Greensboro, NC Archer, Tracy L - Rome, NY Deverell, Glenn A - North Tonawanda, NY Armstrong, Shanna R - Constable, NY Elliott, Gerry H - Waterville, NY Atkinson, Catherine C - Albany, NY Gayda, Szymon T - Hensonville, NY Ausfeld, Dona - Scenectady, NY

95 Miscellaneous Notices/Hearings NYS Register/January 2, 2019

Baker, Jacob C - Clifton Park, NY Donner, John Henry - Brooklyn, NY Baldwin, Joseph J - Pleasant Valley, NY Dupre, Shelly A - Camden, NY Baldwin, Tammy L - Cortland, NY Dysard, Charles A - Lockport, NY Barmen, Cody A - Schenectady, NY Eason, Travis L - Freeport, NY Barmore, Clayton T - Forestville, NY Eckler, Jeannette E - Chenango Forks, NY Bartram, Bradley J - Arcade, NY Eliassof, Adam S - Hawthorne, NY Beairsto, Timothy M - Brockport, NY Elliott, Elison J - Bedford Hills, NY Besley, Jeffery S - Beaver Dams, NY Emmingham, Jay-E S - Seattle, WA Birkel, Erin K - Valley Stream, NY Engh, Sheila A - Bellport, NY Biswal, Bharat B - East Brunswick, NJ Erker, Amy K - Croghan, NY Blackburn, Heather L - Clifton Springs, NY Eschmann, Zachary D - Oneida, NY Boehlke, Kenneth A - Leeds, NY Field, Sarah E - Farmington, NY Boeshore, Tara M - West Hampton, NY Filasky, Stephanie M - Shirley, NY Boris, Terry M - Williamsville, NY Fizzuoglio, Michael A - Queensbury, NY Bowdish, Christopher C - Delmar, NY Frost, Allison L - New York, NY Boyer, Jeffrey M - Glens Falls, NY Fuentes, Lucia I - Bay Shore, NY Brannigan, Kathryn A - Danbury, CT Fulham, Patricia - Baldwin, NY Brassard, Candace J - Edwards, NY Gangell, Lisa S - East Amherst, NY Britton, Kelly B - Parish, NY Gannon, William A - Le Roy, NY Brown, Rebecca M - Syracuse, NY Garvey, James W - Moodus, CT Bryant, Kathleen M - Clarence, NY George, Kieron R - Brooklyn, NY Bryant, William N - Trumansburg, NY Germain, Karen A - Altamont, NY Bungert, Carmela M - Plainview, NY Giangarra, Kathleen T - Northport, NY Burns, Kimberly A - East Islip, NY Gifford, Michael D - Queensbury, NY Butterﬁeld, Kelly L - Warrensburg, NY Go, Nel R - Petoskey, MI Cabrera, Albert - Rome, NY Gray, Bonnie L - Delanson, NY Cabrera, Carolina - Brentwood, NY Green, Charles M - Liberty, NY Cameron, Valerie K - Hannawa Falls, NY Grifﬁth, Jessica L - Newark, OH Candee, Caren E - Brooklyn, NY Gross, Jennifer L - Buffalo, NY Carbone, Michael P - Amsterdam, NY Gushue, Heather R - Chappaqua, NY Carnahan, Katelyn B - Albany, NY Hall, Monique L - Bronx, NY Carra, Mark C - North Java, NY Halpin, Kyle R - Dexter, NY Carter, Sarah E - Campbell, NY Hanes, Sara N - Vestal, NY Caryl, Jeanne C - Buffalo, NY Hang, Sarah J - Geneva, NY Cassidy, Danielle C - Myrtle Beach, SC Harrington, Timothy L - Albany, NY Cavaioli, Christine M - Farmingdale, NY Harris, Marie C - Brooklyn, NY Chapman, Kimberly A - Arkport, NY Hart, Michelle - Palm Harbor, FL Charles, Luvenson O - Pamona, NY Harwood, Joseph J - Hawthorne, NY Chauhan, Hirenbhai K - Flushing, NY Healy, Ermelinda M - Holtsville, NY Cherkauer, Robert R - N Tonawanda, NY Hebert, Austin Ak - Dallas, TX Cianfrocco, Kimberly A - Rome, NY Hellerman, Deborah A - Smithtown, NY Clausen, Michelle R - West Islip, NY Hicks, Michael A - Rochester, NY Colangelo, Anthony P - Newburgh, NY Houck, David P - Sherrill, NY Courtney, Meghan E - Hamburg, NY Howard-Schoeberl, Kathleen A - Brockport, NY Croston, John B - Mt Morris, NY Howell, Laura A - North Babylon, NY Cueva Villatoro, Maria - Brentwood, NY Inga, Jose B - Corona, NY Da Silva, Elizabeth V - Wantagh, NY Jain, Ruby - Bridgewater, NJ Daoust, Ernest P - Rensselaer, NY Javenes, Ingrid - Tomkins Cove, NY De Groff, Vicki L - Middleburgh, NY Jefferies, Tamara W - Depew, NY De Long, Kelly M - Ballston Spa, NY Johansen, Rebecca L - Cooperstown, NY Delia, Jenna L - Inwood, NY Johnson, Carolyn - Croton On Hudson, NY Delvecchio, Dawn A - Lake Grove, NY Jones, Lloyd G - Ossining, NY Denis, Shawn P - Tupper Lake, NY Jones, Richard J - Nedrow, NY Dennerlein, Joseph A - Wappingers Fl, NY Justice, Peter L - Albany, NY Densley, Michelle A - Seneca Falls, NY Kahen, Lindsay A - Commack, NY Deuel, Colleen M - Pittsford, NY Kaiser, Jerricka L - Silver Creek, NY Dobbs, Latia M - Charlotte,NC Kingery, Angelica G - El Paso, TX Dolson, Tina M - Niagara Falls, NY Klebonis, Julie M - Freehold, NJ Donato, Mark J - Holbrook, NY Koeppel, Drieux D - Vestal, NY

96 NYS Register/January 2, 2019 Miscellaneous Notices/Hearings

Kraus, Jessica F - New York, NY O’Brien, Kerryann - Long Beach, NY Krause, Diane M - Parish, NY Oakes, Kara N - Rochester, NY La Barr, Tammarra M - Binghamton, NY Ostroff, Christina R - Bethel, CT Langtry, Cory D - Moravia, NY Ozga, Chelsie R - Silver Creek, NY Laudisio, Karen S - Depew, NY Panayoty, Whendelsohn - Kingston, NY Leach, Angela J - West Hempstead, NY Paparone, Salvatore M - Manlius, NY Lebeck, Kaitlin K - Byron, NY Parquez, Jennifer A - Lanesville, NY Limson, Jason A - Elmont, NY Patykula, John J - Trumansburg, NY Lindsay, Kathleen - Ft Myers Bch, FL Peters, Seema K - Hicksville, NY Lockard, Kenneth R - South Hampton, NY Philippe, Marie M - New Hempstead, NY Loefﬂer, Christine N - Ocean Beach, NY Phillips, Kenyatta S - Rochester, NY Lucas, Marcena A - Buffalo, NY Pittinaro, Stephen N - Fairport, NY Magliocca, Lila A - Rome, NY Platt, Courtney M - Southaven,MS Maldonado, Michael A - Harrison, NY Popple, Travis J - Canastota, NY Mallon, Jessica J - New Windsor, NY Porembski, Lisa A - N Massapequa, NY Maltese, Jessica A - Huntington Station, NY Pottinger-Bird, Raquel S - Ardsley, NY Mann, Jason A - Champaign, IL Powers, Caitlin E - Ballston Lake, NY Manogaran, Eshwari - North Bellmore, NY Prietz, Kelley A - Rochester, NY Marchisella, Elizabeth C - Sag Harbor, NY Proctor, Brian P - Cherry Valley, NY Marcial, Samantha L - Mastic, NY Punnoose, Sinu - White Plains, NY Marlowe, Florence G - Fulton, NY Quarella, Gary A - Greene, NY Marroquin, Juan C - Elmhurst, NY Rabideau, Justine E - Mooers Forks, NY Martinez, Carlos N - Loch Sheldrake, NY Randall, Justin M - Gouverneur, NY Martino, Toni A - Oakdale, NY Raynock, Richard A - Hauppauge, NY Masters, Daniel T - Endicott, NY Reed, Tammi L - Corinth, NY Mastrogiacomo, Michael - Harrison, NY Robinson, Alan M - Delanson, NY Matthews, Wendy F - Rochester, NY Rock, Chantell A - West Chazy, NY Maxwell, Darryll E - Beeville, TX Rodriguez, Diana M - Carmel, NY Maxwell, John T - Liberty, NY Rollins, Charles E - Brooklyn, NY Mazoureiy, Paul J - Merrick, NY Roman, Margarita M - Brentwood, NY Mazurowski, Austin S - Avon, NY Rose, Shameen A - Rosedale, NY Mc Connell, Kimberly D - Norwich, NY Ross, Timothy A - Red Hook, NY Mc Cormick, Natalie - Rochester, NY Ruderman, Heather L - Cheektowaga, NY Mc Crossen, Mary Ellen - Smithtown, NY Rumley, Shaquala C - Whiteville,TN Mc Guinness, Patricia H - East Rockaway, NY Runfola, Cathleen M - Bronx, NY Mc Intyre, Lydia - Hilton, NY Ryan, Michele A - Getzville, NY Mc Laughlin, Brian L - Suffern, NY Salma, Lisa A - Pine Bush, NY Melia, Melissa - Yonkers, NY Sander, Jennifer A - Buffalo, NY Mendicino, Kristina M - Mahwah, NJ Saturno, Melody A - Rock Tavern, NY Meyerhoffer, Holly J - Great Bend, PA Scampini, Andrew J - Mechanicville, NY Middleton, Glenn - Syracuse, NY Seagle, Charles H - Delmar, NY Milanese, Tony - Glen Cove, NY Secreto, Kayla M - Glasco, NY Miller, Dawn E - Minot, ME Sedano, Angelina L - Kent, NY Miller, Elizabeth L - Brooklyn, NY Sellie, Catherine M - Charlottesvle, VA Miller, Kathleen K - Palm Harbor, FL Sherwood, Scott D - Newton, NJ Miller, Shelby E - Arcade, NY Shipley, Jeffrey M - Waterloo, NY Mineo, Lisa A - Levittown, NY Skolnick, Joanne - New York, NY Miraglia, Richard J - Claton, NC Slade, Adrianne F - New Windsor, NY Mirrione, Samantha A - West Babylon, NY Smith, Justin W - Westford, VT Mohr, Andrew G - Lancaster, NY Smith, Laura E - Pittsford, NY Morelli, James A - Melville, NY Soanes, Alan W - Webster, NY Morning, Ashley M - Mastic, NY Stasiak, David S - Minoa, NY Mosley, Pamela - Buffalo, NY Stock, Christopher R - New Hampton, NY Murphy, Linda S - Watertown, NY Storie, Julia P - Camillus, NY Nashak, Emily C - Farmingdale, NY Sworts, Kathleen M - Dundee, NY Nichols, Sandra A - Forestville, NY Szarban, Martin D - Niagara Falls, NY Norris, Ana L - Wantagh, NY Taylor, Anne H - Rochester, NY Norris, Vickey D - Syracuse, NY Tenorio, Luciana S - Franklin Sq, NY O Malley, Thomas E - W Seneca, NY Terzakos, Brittany R - Centereach, NY

97 Miscellaneous Notices/Hearings NYS Register/January 2, 2019

Thomas, Asha - Glen Oaks, NY pension accumulation fund may be claimed by the persons who made Tinker, Diana L - Highland City, FL such accumulated contributions or, in the event of his death, by his estate or such person as he shall have nominated to receive such ac- Towers, Kylee K - Lake Luzerne, NY cumulated contributions, by filing a claim with the State Comptroller Toy, Robert J - Valley Stream, NY in such form and in such a manner as may be prescribed by him, seek- Trescott, Amy J - Livonia, NY ing the return of such abandoned contributions. In the event such claim Tubman, Catherine A - Long Beach, NY is properly made the State Comptroller shall pay over to the person or persons or estate making the claim such amount of such accumulated Tyler, Melena A - Westampton, NJ contributions without interest. Utter, Kellyann M - Saugerties, NY Obernesser, Dylan - Cicero, NY Veach, Ashley E - Hyde Park, NY For further information contact: Kimberly Zeto, New York State Vera, Robin L - Millport, NY Retirement Systems, 110 State St., Albany, NY 12244, (518) 474- Vicaretti, Rebecca A - Port Jervis, NY 3502 Vierno-Neil, Rose - Highland Mills, NY Vinson, Emily - Snyder, TX PUBLIC NOTICE Walton, Joshua B - Syracuse, NY Department of State Washington, Caroline E - Rotterdam, NY F-2018-0334 Date of Issuance – January 2, 2019 Wertman, Clarissa A - Brooklyn, NY The New York State Department of State (DOS) is required by Wessberg, John K - East Hampton, NY Federal regulations to provide timely public notice for the activities Westervelt, Cheryl B - Congers, NY described below, which are subject to the consistency provisions of White, Alex J - Sayville, NY the Federal Coastal Zone Management Act (CZMA) of 1972, as Whitt, Brandon D - South Vienna, OH amended. Williams, Alan J - Kenmore, NY The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally ap- Williams, Emrick S - Brooklyn, NY proved New York State Coastal Management Program (NYSCMP). Williams, Jaconda P - Rochester, NY The applicant’s consistency certification and accompanying public in- Williams, Kimberly K - Staten Island, NY formation and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Williams, Tatum T - Peekskill, NY Washington Avenue, in Albany, New York, and portions of the ap- Willsey, Ashley E - Rochester, NY plication are available for review at: http://www.dos.ny.gov/opd/ Wilson, Lisa M - Saugerties, NY programs/pdfs/Consistency/F-2018-0334_GallooWindForPN.pdf Wise, Laurie A - Croton Hdsn, NY The proposed activities are also the subject of related applications Wolff, Drew R - Shokam, NY under Articles 10 and VII of the New York State Public Service Law. Wood, Hannah L - Ogdensburg, NY Additional information on these applications can be found here: D Works, Melissa L - Syracuse, NY Article 10 Application to Construct a Wind Energy Project (15-F- 0327): http://documents.dps.ny.gov/public/MatterManagement/ Wright, Sherry L - Lockport, NY CaseMaster.aspx?MatterCaseNo=15-F-0327; and Wu, Cho-Yung - Hauppauge, NY D Article VII to Construct an Approximately 33-Mile Underground/ Wynter, Antonie N - Rochester, NY Submarine Transmission Facility (18-T-0015): http:// Xiao, Jiehua - Flushing, NY documents.dps.ny.gov/public/MatterManagement/CaseMaster. Youssef, Mary M - Cypress, TX aspx?MatterCaseNo=18-00057 Zastrow, Duane W - Clayton, NC In F-2018-0334, Galloo Island Wind, LLC is proposing the Galloo Zirman, Jayson M - Briarcliff Manor, NY Island Wind Project and associated necessary infrastructure in the Town of Hounsfield and Village of Sackets Harbor, Jefferson County, For further information contact: Kimberly Zeto, New York State and the City of Oswego, Oswego County. The stated purpose of the Retirement Systems, 110 State St., Albany, NY 12244, (518) 474- project is the generation and transmission of renewable energy to the 3502 New York State power grid. Galloo Island Wind, LLC proposes to install and operate up to 30 PUBLIC NOTICE wind turbines along with associated underground collection lines, ac- New York State and Local Retirement System cess roads, collection substation components, meteorological towers, Pursuant to Retirement and Social Security Law, the New York State an operation and maintenance building, and related facilities on Gal- and Local Employees’ Retirement System hereby gives public notice loo Island, in the Town of Hounsfield. The wind generating facility of the following: would have a nameplate generating capacity of 108.9 megawatts (MW). A temporary parking area would be constructed in a portion of The persons whose names and last known addresses are set forth Madison Barracks in the Village of Sackets Harbor from which equip- below appear from records of the above named Retirement System to ment and construction workers would embark to Galloo Island. The be entitled to accumulated contributions held by said retirement project would interconnect to the New York State power grid by system whose membership terminated pursuant to Section 340, constructing an underwater, alternating current (AC) electric transmis- Subdivision f, of the Retirement and Social Security Law on or before sion cable that would extend approximately 33 miles in Lake Ontario November 30, 2018. This notice is published pursuant to Section 109 and interconnect near the Mitchell Street Substation in the City of of the Retirement and Social Security Law of the State of New York. Oswego. A list of the names contained in this notice is on file and open to public inspection at the office of the New York State and Local Retire- The proposed activity would be located within or has the potential ment System located at the 110 State St., in the City of Albany, New to affect the following Special Management or Regulated Area(s): York. At the expiration of six months from the date of the publication D Village of Sackets Harbor Local Waterfront Revitalization of this notice. The accumulated contributions of the persons so listed Program: https://docs.dos.ny.gov/opd-lwrp/LWRP/Sackets%20 shall be deemed abandoned and shall be placed in the pension ac- Harbor_V/Index.html; cumulation fund to be used for the purpose of said fund. Any ac- D City of Oswego Local Waterfront Revitalization Program: https:// cumulated contributions so deemed abandoned and transferred to the docs.dos.ny.gov/opd-lwrp/LWRP/Oswego_C/Index.html;

98 NYS Register/January 2, 2019 Miscellaneous Notices/Hearings

D Little Galloo Island, Calf Island, and Stony Island Significant 2010-0020 In the matter of MTA-New York City Transit, Two Coastal Fish and Wildlife Habitats: https://www.dos.ny.gov/opd/ Broadway, D3.131, New York, NY 10004, for a variance concerning programs/ consistency/ scfwhabitats.html; stairway modifications, via reduced stairway width, vertical rise, in- D Coastal Erosion Hazard Area: Natural Protective Feature. termediate handrail, handrail return and protruding side handrails. Any interested parties and/or agencies desiring to express their Involved is alteration of two existing stairways at the Atlantic Avenue Station, Metropolitan Transit Authority contract A-35830, City of New views concerning any of the above proposed activities may do so by York, Borough of Brooklyn, County of Kings, State of New York. filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or February 1, 2019. Comments should be addressed to: Department of State, Office of PUBLIC NOTICE Planning and Development and Community Infrastructure, Consis- Department of State tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Uniform Code Variance / Appeal Petitions Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions be made by email at: [email protected] below have been received by the Department of State. Unless other- This notice is promulgated in accordance with Title 15, Code of wise indicated, they involve requests for relief from provisions of the Federal Regulations, Part 930. New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual PUBLIC NOTICE notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Department of State Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- F-2018-1151 4073 to make appropriate arrangements. Date of Issuance – January 2, 2019 2018-0533 Matter of MTA, Long Island Railroad, Jamaica Station, The New York State Department of State (DOS) is required by Jamaica, New York, NY 11435 for a variance concerning fire safety Federal regulations to provide timely public notice for the activities requirements, including fire protection, exiting, plumbing and described below, which are subject to the consistency provisions of construction provisions. Involved is new construction and additions & the Federal Coastal Zone Management Act of 1972, as amended. alterations to existing construction at the Carle Place Station located The applicant has certified that the proposed activity complies with along the Port Jefferson Branch At Stonehinge Lane, in Carle Place, and will be conducted in a manner consistent with the approved New County of Nassau, State of New York. York State Coastal Management Program. The applicant’s consis- 2018-0564 Matter of MTA, Long Island Railroad, Jamaica Station, tency certification and accompanying public information and data are Jamaica, New York, NY 11435 for a variance concerning fire safety available for inspection at the New York State Department of State of- requirements, including fire protection, exiting, plumbing and fices located at One Commerce Plaza, 99 Washington Avenue, in construction provisions. Involved is new construction and additions & Albany, New York, and are available for review at: http:// alterations to existing construction at the Floral Park Station located www.dos.ny.gov/ opd/programs/pdfs/Consistency/F-2018- along the Port Jefferson Branch Between Carnation and Tulip Avenues, 1151_Application.pdf in Floral Park, County of Nassau, State of New York. In F-2018-1151, ELP Greenport Solar, LLC, is proposing to 2018-0603 Matter of MTA, Long Island Railroad, Jamaica Station, construct a community solar facility at 4407 Route 9, City of Green- Jamaica, New York, NY 11435 for a variance concerning fire safety port, Columbia County. The stated purpose of the proposed activity is requirements, including fire protection, exiting, plumbing and to provide local renewable energy. The federal activity subject to con- construction provisions. Involved is new construction and additions sistency review is the installation of a wetland crossing to support the and alterations of existing construction at the Merillon Avenue Station construction and operation of this facility. A 24-inch diameter HDPE located along the Port Jefferson Branch at the West Side of Nassau pipe would be installed at an existing trail to maintain hydrologic con- Boulevard, in Garden City Park, County of Nassau, State of New York. nectivity between wetlands on either side of the proposed access. Ap- proximately 5 cubic yards of riprap and 32 cubic yards of gravel would be placed within the delineated wetlands. The project has minimized PUBLIC NOTICE wetland impacts by crossing at the narrowest point. Department of State Any interested parties and/or agencies desiring to express their Uniform Code Variance / Appeal Petitions views concerning any of the above proposed activities may do so by Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions filing their comments, in writing, no later than 4:30 p.m., 30 days from below have been received by the Department of State. Unless other- the date of publication of this notice, or, February 1, 2019. wise indicated, they involve requests for relief from provisions of the Comments should be addressed to Department of State, Office of New York State Uniform Fire Prevention and Building Code. Persons Coastal, Local Government and Community Sustainability, One Com- wishing to review any petitions, provide comments, or receive actual merce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474 6000, notices of any subsequent proceeding may contact Brian Tollisen or Fax (518) 473-2464. Neil Collier, Building Standards and Codes, Department of State, One This notice is promulgated in accordance with Title 15, Code of Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Federal Regulations, Part 930. 4073 to make appropriate arrangements. 2018-0600 In the matter of Theresa Flacco Income Only Trust, Loretta Goss, 615 West Court Street, Ithaca, NY 14850 concerning PUBLIC NOTICE safety requirements including a variance for reduction in required Department of State height of existing handrails and guardrails. Uniform Code Variance / Appeal Petitions Involved is the certificate of compliance inspection of an existing Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions residential occupancy, two stories in height, located at 617-619 West below have been received by the Department of State. Unless other- Buffalo Street, City of Ithaca, County of Tompkins, New York. wise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons PUBLIC NOTICE wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollisen or Department of State Neil Collier, Building Standards and Codes, Department of State, One Uniform Code Variance / Appeal Petitions Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions 4073 to make appropriate arrangements. below have been received by the Department of State. Unless other-

99 Miscellaneous Notices/Hearings NYS Register/January 2, 2019 wise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- 4073 to make appropriate arrangements. 2018-0605 In the matter of West Shore Apartments, LLC. Robert Terry, 107 Worth Street, Ithaca, NY concerning safety requirements including a variance for reduction in required height of existing handrails and guardrails. Involved is the certiﬁcate of compliance inspection of an existing residential occupancy, three stories in height, located at 101-103 North Quarry Street, City of Ithaca, County of Tompkins, New York. 2018-0606 In the matter of West Shore Apartments, LLC. Robert Terry, 107 Worth Street, Ithaca, NY concerning safety requirements including a variance for reduction in required height of existing handrails and guardrails. Involved is the certiﬁcate of compliance inspection of an existing residential occupancy, three stories in height, located at 702-704 East State Street, City of Ithaca, County of Tompkins, New York.

PUBLIC NOTICE Department of State Uniform Code Variance / Appeal Petitions Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- 4073 to make appropriate arrangements. 2018-0617 In the matter of Mitchell Addy, 128 Crescent Place, Ithaca, NY 14850 concerning safety requirements including a variance for reduction in required height of existing exterior and interior handrails and guardrails. Involved is the certiﬁcate of compliance inspection of an existing residential occupancy, two stories in height, located at 917 North Cayuga Street, City of Ithaca, County of Tompkins, New York.

PUBLIC NOTICE Department of State Uniform Code Variance / Appeal Petitions Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- 4073 to make appropriate arrangements. 2018-0620 In the matter of Charlene Temple, 427 North Tioga Street, Ithaca, NY 14850 concerning safety requirements including a variance for reduction in required height of existing handrails and guardrails. Involved is the certiﬁcate of compliance inspection of an existing residential occupancy, two stories in height, located at 427 North Tioga Street, City of Ithaca, County of Tompkins, New York.

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