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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 For press and media inquiries call: (518) 474-0050 For State Register production, scheduling and subscription information call: (518) 474-6957 E-mail: [email protected] For legal assistance with State Register filing requirements call: (518) 474-6740 E-mail: [email protected] The New York State Register is now available on-line at: www.dos.ny.gov/info/register.htm The New York State Register (ISSN 0197 2472) is published weekly. Subscriptions are $80 per year for first class mailing and $40 per year for periodical mailing. The New York State Register is published by the New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001. Periodical postage is paid at Albany, New York and at additional mailing offices. POSTMASTER: Send address changes to NY STATE REGISTER, the Department of State, Division of Administrative Rules, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001 printed on recycled paper NEW YORK STATE REGISTER Be a part of the rule making process! The public is encouraged to comment on any of the proposed rules appearing in this issue. Comments must be made in writing and must be submitted to the agency that is proposing the rule. Address your com- ments to the agency representative whose name and address are printed in the notice of rule making. No special form is required; a handwritten letter will do. Individuals who access the online Register (www.dos.ny.gov) may send public comment via electronic mail to those recipients who provide an e-mail ad- dress in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings. To be considered, comments should reach the agency before expiration of the public comment period. The law provides for a minimum 60-day public comment period after publication in the Register of every No- tice of Proposed Rule Making, and a 30-day public comment period for every Notice of Revised Rule Making. If a public hearing is required by statute, public comments are accepted for at least five days after the last such hearing. Agencies are also required to specify in each notice the last date on which they will accept public comment. When a time frame calculation ends on a Saturday or Sunday, the agency accepts public comment through the following Monday; when calculation ends on a holiday, public comment will be accepted through the following workday. Agencies cannot take action to adopt until the day after expiration of the public com- ment period. The Administrative Regulations Review Commission (ARRC) reviews newly proposed regulations to examine issues of compliance with legislative intent, impact on the economy, and impact on affected parties. In addition to sending comments or recommendations to the agency, please do not hesitate to transmit your views to ARRC: Administrative Regulations Review Commission State Capitol Albany, NY 12247 Telephone: (518) 455-5091 or 455-2731 --------------------------------------------------------------------------------------------------------- Each paid subscription to the New York State Register includes one weekly issue for a full year and four “Quarterly Index” issues. The Quarterly is a cumulative list of actions that shows the status of every rule mak- ing action in progress or initiated within a calendar year. The Register costs $80 a year for a subscription mailed first class and $40 for periodical (second) class. Prepayment is required. To order, send a check or money order payable to the NYS Department of State to the following address: NYS Department of State One Commerce Plaza 99 Washington Avenue Suite 650 Albany, NY 12231-0001 Telephone: (518) 474-6957 New York State Register 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.
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