New York State Department of State

September 5, 2018 DEPARTMENT OF STATE Vol. XL Division of Administrative Rules Issue 36 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D New York State Get On Your Feet Loan Forgiveness Program D Enrollment in Medicare Prescription Drug Plans and Fully Integrated Duals Advantage Plans for IDD D New York State Uniform Fire Prevention and Building Code (the Uniform Code) Notice of Availability of State and Federal Funds

State agencies must specify in each notice which proposes a rule the last date on which they will accept public comment. Agencies must always accept public comment: for a minimum of 60 days following publication in the Register of a Notice of Proposed Rule Making, or a Notice of Emergency Adoption and Proposed Rule Making; and for 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 November 4, 2018 – the 30-day period expires on October 5, 2018 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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

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

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

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

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

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

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

To be considered, comments 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 comment 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 making action in progress or initiated within a calendar year. The Register costs $80 a year for a subscription mailed ﬁrst class and $40 for periodical (second) class. Prepayment is required. To order, send a check or money order payable to the NYS Department of State to the following address:

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

New York State Register September 5, 2018/Volume XL, Issue 36

KEY: (P) Proposal; (RP) Revised Proposal; (E) Emergency; (EP) Emergency and Proposal; (A) Adoption; (AA) Amended Adoption; (W) Withdrawal

Individuals may send public comment via electronic mail to those recipients who provided an e-mail address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings. Choose pertinent issue of the Register and follow the procedures on the website (www.dos.ny.gov) Rule Making Activities Agriculture and Markets, Department of 1 / Repeal of Part 141 of Title 1 NYCRR (Control of the Emerald Ash Borer) (A) Environmental Conservation, Department of 1 / Regulations Governing the Harvest of Lobster (A) Financial Services, Department of 2 / Professional Bail Agents; Managing General Agents; et al (P) Higher Education Services Corporation 4 / New York State Achievement and Investment in Merit Scholarship (NY-AIMS) (E) 6 / New York State Get on Your Feet Loan Forgiveness Program (E) Homeland Security and Emergency Services, Division of 8 / New York State Volunteer Firefighter Enhanced Cancer Disability Benefits Program (E) People with Developmental Disabilities, Office for 10 / Site Based and Community Based Prevocational Services (E) 13 / Enrollment in Medicare Prescription Drug Plans and Fully Integrated Duals Advantage Plans for IDD (E) Public Service Commission 15 / Update of Revenue Targets (P) 15 / Permanent Operator of Gas Wells and Certain Gas Facilities (P) 16 / Recording of Unbilled Revenue (P) 16 / PSC Regulation 16 NYCRR Section 86.3(a)(1) (P) State, Department of 17 / New York State Uniform Fire Prevention and Building Code (the Uniform Code) (P) Transportation, Department of 22 / Electric Powered Motor Vehicle Equipment (A) Hearings Scheduled for Proposed Rule Makings / 23 Action Pending Index / 25

Securities Offerings 67 / State Notices

Advertisements for Bidders/Contractors 69 / Sealed Bids

Notice of Availability of State and Federal Funds 71 / Developmental Disabilities Planning Council (DDPC) 72 / Developmental Disabilities Planning Council (DDPC) 74 / Developmental Disabilities Planning Council (DDPC) 75 / Homeland Security and Emergency Services, Division of

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

Each rule making is identiﬁed by an I.D. No., which consists Assessment of Public Comment of 13 characters. For example, the I.D. No. AAM-01-96- The agency received one public comment, a letter from an association of 00001-E indicates the following: businesses, industries, and landowners engaged, directly or indirectly, in forest resource production; that association indicated that it was in favor AAM -the abbreviation to identify the adopting agency of the repeal of Part 141 of Title 1 NYCRR. 01 -the State Register issue number 96 -the year 00001 -the Department of State number, assigned upon Department of Environmental receipt of notice. E -Emergency Rule Making—permanent action Conservation not intended (This character could also be: A for Adoption; P for Proposed Rule Making; RP for Revised Rule Making; EP for a combined NOTICE OF ADOPTION Emergency and Proposed Rule Making; EA for Regulations Governing the Harvest of Lobster an Emergency Rule Making that is permanent and does not expire 90 days after ﬁling.) I.D. No. ENV-20-18-00003-A Filing No. 826 Italics contained in text denote new material. Brackets Filing Date: 2018-08-20 indicate material to be deleted. Effective Date: 2018-09-05

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Department of Agriculture and cedure Act, NOTICE is hereby given of the following action: Markets Action taken: Repeal of section 44.1(h)(3) of Title 6 NYCRR. Statutory authority: Environmental Conservation Law, sections 11-0303, NOTICE OF ADOPTION 13-0105 and 13-0329 Repeal of Part 141 of Title 1 NYCRR (Control of the Emerald Subject: Regulations governing the harvest of lobster. Ash Borer) Purpose: To repeal the most restrictive rule as it applies to closed seasons I.D. No. AAM-18-18-00003-A for lobster harvest. Filing No. 825 Filing Date: 2018-08-20 Text or summary was published in the May 16, 2018 issue of the Register, Effective Date: 2018-09-05 I.D. No. ENV-20-18-00003-EP.

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: Action taken: Repeal of Part 141 of Title 1 NYCRR. Text of rule and any required statements and analyses may be obtained from: Kim McKown, Department of Environmental Conservation, 205 Statutory authority: Agriculture and Markets Law, sections 18, 164 and 167 North Belle Mead Rd., Suite 1, East Setauket, NY 11733, (631) 444-0454, email: [email protected] Subject: Repeal of Part 141 of Title 1 NYCRR (Control of the Emerald Ash Borer). Additional matter required by statute: The rule making action is subject Purpose: Repealing the regulation since quarantines in the rule have not stopped the spread of this insect in New York State. to SEQR as an Unlisted action and a Short EAF was completed. The Department has determined that an EIS need not be prepared and has is- Text or summary was published in the May 2, 2018 issue of the Register, I.D. No. AAM-18-18-00003-P. sued a negative declaration. The EAF and negative declaration are available upon request. Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained Initial Review of Rule from: Christopher Logue, Director, Division of Plant Industry, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, NY As a rule that requires a RFA, RAFA or JIS, this rule will be initially 12235, (518) 457-2087, email: [email protected] reviewed in the calendar year 2021, which is no later than the 3rd year af- Initial Review of Rule ter the year in which this rule is being adopted. As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 3rd year af- Assessment of Public Comment ter the year in which this rule is being adopted. The agency received no public comment.

1 Rule Making Activities NYS Register/September 5, 2018

Section 66.0 is amended by adding new subdivision (f) to require bail bond forms to be filed with and approved by the Superintendent. Department of Financial Services Section 66.1(a) is amended by removing bail bond forms from the waiver regarding the filing and approval of surety bond forms. Section 66.1(b) is added to require an insurer and charitable bail organization to PROPOSED RULE MAKING obtain the Superintendent’s approval of any contract or form to be signed by or provided to an indemnitor or principal in connection with the issu- NO HEARING(S) SCHEDULED ance of a bail bond, and to use only such approved forms. Text of proposed rule and any required statements and analyses may be Professional Bail Agents; Managing General Agents; et al obtained from: Anna MacCormack, Department of Financial Services, I.D. No. DFS-36-18-00003-P One State Street, New York, NY 10004, (212) 480-7474, email: [email protected] PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Data, views or arguments may be submitted to: Same as above. cedure Act, NOTICE is hereby given of the following proposed rule: Public comment will be received until: 60 days after publication of this Proposed Action: Amendment of Parts 28 (Regulation 42), 33 (Regula- notice. tion 120) and 66 (Regulation 76) of Title 11 NYCRR. Regulatory Impact Statement Statutory authority: Financial Services Law, sections 202, 302; Insurance 1. Statutory authority: Financial Services Law (“FSL”) §§ 202 and 302 Law, sections 301, 2307 and art. 68 and Insurance Law (“IL”) §§ 301, 2307, and Article 68. FSL § 202 establishes the office of the Superintendent of Financial Ser- Subject: Professional Bail Agents; Managing General Agents; et al. vices (“Superintendent”). FSL § 302 and Insurance Law § 301, in material Purpose: To provide greater protection to consumers, and raise the stan- part, authorize the Superintendent to effectuate any power accorded to the dards of integrity in the bail business. Superintendent by the FSL, IL, or any other law, and to prescribe regula- Substance of proposed rule (Full text is posted at the following State tions interpreting the IL. website:https://www.dfs.ny.gov/insurance/ rproindx.htm): Section 28.0 IL § 2307(b) prohibits a policy form from being delivered or issued for (Introduction) is amended to reflect the determination by the Superinten- delivery unless it has been filed with the Superintendent and either the Su- dent of Financial Services (“Superintendent”) to provide greater protec- perintendent has approved it or 30 days has elapsed and the Superinten- tion to consumers and raise standards of integrity in the bail business. dent has not disapproved it as misleading or violative of public policy. Section 28.1 is renumbered as Section 28.2, and new Section 28.1 However, § 2307(c) permits the Superintendent, by regulation, to waive provides definitions applicable to Part 28. the policy form prior approval requirements if the rates for that insurance Section 28.2 (formerly Section 28.1) is amended to apply to bail agents, are not subject to prior approval under IL § 2305(a). as that term is defined in Section 28.1, and to repeal subdivision (c). For- IL Article 68 sets forth provisions governing the licensing of bail agents mer Section 28.2 is renumbered and amended as described below. and the doing of a bail business by an insurer and charitable bail organiza- Section 28.3 is added to require, and set forth the procedures for, the ap- tion (“CBO”). pointment of bail agents. 2. Legislative objectives: The providing of bail is an integral part of the Section 28.4 is added to prohibit a bail agent from using an unautho- criminal justice system in New York State and the Legislature has long rized name. been concerned with abuses in providing bail bonds. The Legislature has Section 28.5 is added to set forth bail agent notification requirements. strictly regulated who may deposit money or execute as surety any bail Section 28.6 is added to set forth requirements regarding bail agent bond. IL Article 68 provides the statutory requirements applicable to the offices. regulation of bail insurers, CBOs, and bail agents. 11 NYCRR 28 (Insur- Section 28.7 is added to prohibit payments of compensation to unli- ance Regulation 42), which was first promulgated in 1964, implements the censed bail agents. Legislative intent in regulating the business of bail bonds and posting bail Section 28.8 is added to prohibit a bail agent or insurer from obtaining as a vocation in New York. IL § 2307 requires a policy form to be filed any fee or consideration other than a premium based on rates in effect and with the Superintendent unless the Superintendent waives the prior ap- the actual documented out-of-pocket costs of special bail conditions proval requirement by regulation. imposed by the court, and prohibits deviation from the rates, capped by In- The amendments accord with the public policy objectives of more ef- surance Law section 6804, filed with the Superintendent; to prohibit a bail fectively regulating the bail industry and protecting consumers that the agent that is not licensed as a premium finance company from charging Legislature sought to advance in ILArticle 68 and IL § 2307 by: amend- any interest, fee, or other financing or service charges; and to set forth the ing 11 NYCRR 28, which implements IL Article 68, and 11 NYCRR 33 duration of a bail bond. (Insurance Regulation 120), which governs managing general agents, to Section 28.9 is added to set forth requirements regarding return of establish similar provisions and requirements that are applicable to other premiums. insurance producers; amending 11 NYCRR 66 (Insurance Regulation 76) Section 28.10 is added to require, and set forth the procedures for, by requiring that bail bond forms be filed with the Superintendent for prior build-up funds. approval; and establishing requirements to prevent abuses that are particu- Section 28.11 is added to set forth requirements and procedures regard- lar to bail. ing collateral. 3. Needs and benefits: Since 2005, there has been an increase in the Section 28.12 is added to require a bail agent to use a separate account number of complaints made to the Department of Financial Services for premium and collateral. (“DFS”) against licensed bail agents, including allegations of misuse of Section 28.13 is added to prohibit a bail agent from using any contract collateral pledged with bail agents, the charging of impermissible fees, or form that has not been approved by the Superintendent pursuant to 11 fraud, and the illegal retention of premium. For example, DFS received a NYCRR section 66.1. complaint alleging, among other things, that a bail agent refused to return Section 28.14 is added to set forth requirements regarding the supervi- over $30,000 in premium that an indemnitor had paid for a bail bond to sion of bail agents by insurers and charitable bail organizations. secure the release of a principal after the court rejected the bond at a bail Section 28.15 is added to set forth requirements regarding the termina- sufficiency hearing and the principal was not released from custody. While tion of appointments of bail agents by insurers and charitable bail handling that complaint, DFS learned that the U.S. Circuit Court of Ap- organizations. peals for the Second Circuit had certified the following question to the Section 28.16 is the renumbered section for former subdivision (a) of New York Court of Appeals involving the IL and analogous facts to those Section 28.2 and is amended to include new requirements regarding bail at issue in the DFS complaint: “Whether an entity engaged in the ‘bail registers. business,’ as defined in NYIL § 6804(a)(1), may retain its ‘premium or Section 28.17 is the renumbered section for former subdivisions (b) and compensation,’ where a bond posted pursuant to NYCPL § 520.20 is (c) of Section 28.2 and is amended to add new subdivisions and include denied at a bail sufficiency hearing conducted pursuant to NYCPL new requirements regarding receipts and records to be provided to § 520.30, and the criminal defendant that is the subject of the bond is indemnitors and principals. never admitted to bail.” Section 28.18 is added to include requirements regarding a bail agent’s In June 2017, the New York Court of Appeals issued its opinion in maintenance and retention of records. Gevorkyan v. Judelson, 29 N.Y.3d 452 (2017), in which DFS filed an ami- Section 28.19 is added to set forth bail agent disclosure requirements. cus curiae brief. According to the Court’s analysis of the statute, and as Section 28.20 is added to set forth requirements regarding surrender of argued in DFS’s amicus brief, an insurer is entitled to the premium only principal. upon “giving bail bond” under IL § 6804(a), and the bail bond “has not Section 33(c) is amended by revising the definition of managing gen- been given if the court refuses to accept the bond after the bail source eral agent. hearing.” Id. at 458. The Court noted that its determination was further

2 NYS Register/September 5, 2018 Rule Making Activities supported by the IL principle that premium follows risk: “The question The amendments do not impose compliance costs on local governments. before us ultimately turns on when a ‘premium’ is earned.” Id. at 461. As 5. Local government mandates: This rule does not impose any program, the Court explained, “[t]he use of the word ‘premium’ in section 6804(a) service, duty, or responsibility upon a county, city, town, village, school is significant because that term connotes a consideration paid to an insurer district, fire district, or other special district. for assuming a risk. Risk, when used ‘with reference to insurance, 6. Paperwork: The amendments will require insurers and CBOs to make describes the liability assumed as specified on the face of the policy.” filings with DFS and will require bail agents to issue receipts, provide (Emphasis in original.) Id. In the Court’s view, the insurer does not incur written disclosures, and keep additional detailed records. risk if the criminal defendant is not released and has no opportunity to 7. Duplication: This rule does not duplicate, overlap, or conflict with abscond. “If the court disapproves the bail bond, the surety never runs the any existing state or federal rules or other legal requirements. risk it contracted to insure.” Id. at 462. On August 29, 2017, DFS issued 8. Alternatives: DFS considered requiring collateral to be maintained in Insurance Circular Letter No. 13 (2017) to advise insurers and licensed an interest-bearing account in a financial institution located in New York bail agents that they must strictly comply with the Gevorkyan decision. State that is insured by the Federal Deposit Insurance Corporation or In August 2017, in light of the Gevorkyan case, DFS sent a letter to National Credit Union Administration but determined that such a require- insurers writing bail bonds asking for information related to various ment was unnecessary. aspects of their bail surety business in New York State, including DFS further considered creating in Insurance Regulation 42 prescribed complaints received by the insurer regarding its or its bail agents’ failure forms that a bail agent must use, such as a receipt and statement of charges to return premiums or fees after the principal was not released from form and a receipt for collateral deposited form. DFS instead required that custody; copies of the insurers’ most recent versions of all forms provided certain forms be filed with it for uniformity. DFS will also make available to indemnitors and principals in New York State; and written guidelines a standard form for providing certain notices to principals and indemnitors. and manuals that the insurer provides to bail agents that discuss earning 9. Federal standards: The rule does not exceed any minimum standards and retention of premium and collateral. of the federal government for the same or similar subject areas. DFS also met with advocates and learned that bail agents are not post- 10. Compliance schedule: An insurer, CBO, and bail agent must comply ing their names and licenses in their offices, making it difficult for with the rule within 120 days after publication of the notice of adoption in indemnitors to know who they are dealing with and whether that person is the State Register. properly licensed as a bail agent. Advocates also noted that bail agents are Regulatory Flexibility Analysis requiring indemnitors to sign contracts whereby they agree to pay 1. Effect of rule: These amendments to the regulations apply to insurers impermissible fees for things such as missed phone calls, couriers, and no- in New York State that write bail bonds; charitable bail organizations taries; are not providing indemnitors and principals with copies of agree- (“CBOs”) that provide charitable bail services; and bail agents. ments they signed; are making it difficult to obtain return of collateral or Although most insurers are not small businesses, industry has asserted are not returning collateral; and are taking advantage of indemnitors who previously that certain insurers, in particular mutual insurers, subject to may be undocumented persons by asking them for more money. the regulations are small businesses but has not provided the Department In June 2018, DFS sent a letter to licensed bail agents asking them to of Financial Services (“DFS”) with specific insurers or the number of such submit information about themselves and how they operate their busi- entities. nesses, including a description of how premium and collateral are received There are approximately 282 licensed bail agents in New York State, in- and maintained; a list of fees that they charge other than bail bond dividual, corporate or otherwise. Although DFS does not have any specific premium; and the circumstances under which they would rearrest or return statistics, we believe that many, if not most, of those bail agents are resi- a principal to custody. dent in this state, independently owned and operated, and employing 100 Furthermore, DFS, with the Department of State and the Division of or fewer individuals, and therefore are small businesses under the defini- Criminal Justice Services, held listening sessions in New York City, Buf- tion in State Administrative Procedure Act (SAPA) § 102(8). falo, and Syracuse in June 2018 to gather input from communities, There are nine certified CBOs currently in New York State. All of these advocates, and licensees concerning practices and how to combat abuses CBOs are not-for-profit entities. DFS does not have information regarding in the bail industry. their size but believes that most, if not all, are small businesses under After reviewing testimony and comments from the listening sessions, SAPA § 102(8). considering complaints and surveying other states’ bail laws and regula- These amendments do not apply to local governments. tions, DFS drafted amendments that would correct deficiencies and clarify 2. Compliance requirements: The amendments will require insurers and certain issues. The amendments would require, among other things: a bail CBOs to make filings with DFS and will require bail agents to issue agent to maintain a bail register; a bail agent to issue a receipt upon col- receipts, provide written disclosures, and keep additional detailed records. lecting and, if applicable, returning the premium and collateral; an insurer, No local government will have to undertake any reporting, recordkeep- CBO, and bail agent to be liable for the return of all collateral received; an ing, or other affirmative acts to comply with the amendments. insurer and CBO to file, for the Superintendent’s approval, all contracts 3. Professional services: It is not anticipated that any small business af- and other forms that are signed by or provided to the indemnitor or fected by these amendments will need to retain professional services, such principal; a bail agent to prominently display in a headquarters location as lawyers or auditors, to comply with the amendments. and each satellite office the license of the bail agent and any supervising 4. Compliance costs: Insurers, CBOs, and bail agents will incur costs person responsible for the place of business and a sign that states that a for the implementation and continued compliance with the amendments complaint may be filed with DFS; and a bail agent to provide certain because they will need to make filings with DFS, issue receipts, expend disclosures to a potential indemnitor before the indemnitor signs any printing and copying costs for written disclosures made available by DFS, agreement. The amendments also codify the Gevorkyan decision that the and keep additional detailed records. These costs may vary based upon the full premium or compensation paid for a bail bond must be returned if the size of the regulated entity and thus DFS cannot currently estimate the principal is not released from custody. costs. The filing of policy and other forms for insurers or certain forms for The amendments also would include in the definition of “managing CBOs should not be significant. Insurers already make filings and provide general agent” under 11 NYCRR 33 any person or business entity that forms to their appointed bail agents. Many of the recordkeeping and other supervises or manages, on behalf of an insurer, bail agents appointed by requirements for bail agents in the proposed amendments are identical to the insurer, other than a person who is a full-time employee or officer of those applicable to other insurance producers. the insurer. 5. Economic and technological feasibility: No insurer that is a small 4. Costs: Insurers, CBOs, and bail agents will incur costs to implement business affected by these amendments should experience any economic and continue compliance with the amendments because they will need to or technological impact because of the amendments. make filings with DFS, issue receipts, expend printing and copying costs 6. Minimizing adverse impact: There will not be an adverse impact on a for written disclosures made available by DFS, and keep additional local government since these amendments to the regulations do not apply detailed records. These costs may vary based upon the size of the regulated to a local government. There may be an adverse impact on insurers, CBOs, entity and thus DFS cannot currently estimate the costs. The filing of and bail agents that may be small businesses but any adverse impact should policy and other forms for insurers should not be significant because insur- be minimal. DFS considered the approaches suggested in SAPA § 202- ers already make filings and provide forms to their bail agents. Many of b(1) for minimizing adverse impacts but did not find them applicable and the recordkeeping and other requirements for bail agents in the proposed concluded that the protections afforded are critical in all bail bond and amendments are identical to those applicable to other insurance producers. charitable bail activities. These amendments may impose compliance costs on DFS because DFS 7. Small business and local government participation: DFS, with the will need to review contracts and forms submitted to DFS for approval. Department of State and the Division of Criminal Justice Services, held However, any additional costs incurred by DFS should be limited since listening sessions in New York City, Buffalo, and Syracuse in June 2018 to there are not many insurers writing bail and the terms of the bonds should gather input from communities, advocates, and licensees concerning prac- generally be the same. As such, the costs to DFS should be minimal and tices and how to combat abuses in the bail industry. DFS expects to absorb the costs in its ordinary budget. After reviewing testimony and comments from the listening sessions it

3 Rule Making Activities NYS Register/September 5, 2018 received, considering complaints, and surveying other states’ bail laws Action taken: Addition of section 2201.16 to Title 8 NYCRR. and regulations, DFS drafted amendments that would correct deficiencies Statutory authority: Education Law, sections 653, 655 and 669-g and clarify certain issues. DFS will further comply with SAPA § 202-b(6) by publishing the proposed amendments in the State Register and posting Finding of necessity for emergency rule: Preservation of general welfare. the proposed amendments on the Department’s website. Specific reasons underlying the finding of necessity: This statement is Rural Area Flexibility Analysis being submitted pursuant to subdivision (6) of section 202 of the State These amendments do not impose any additional burden on persons lo- Administrative Procedure Act and in support of the New York State Higher cated in rural areas, and will not have an adverse impact on rural areas. Education Services Corporation’s (“HESC”) Emergency Rule Making The amendments would amend Part 28 to require, among other things: seeking to add a new section 2201.16 to Title 8 of the Official Compilation a bail agent to maintain a bail register; a bail agent to issue a receipt upon of Codes, Rules and Regulations of the State of New York. collecting and, if applicable, returning the premium and collateral from This regulation implements a statutory student financial aid program the indemnitor; an insurer, charitable bail organization (“CBO”), and bail providing for awards to be made to students beginning with the fall 2015 agent to be liable for the return of all collateral received; a bail agent to term, which generally starts in August. Emergency adoption is necessary prominently display in a headquarters location and each satellite office the to avoid an adverse impact on the processing of awards to eligible scholar- license of the bail agent and any supervising person responsible for the ship applicants. The statute provides New York high school graduates who place of business and a sign that states that a complaint may be filed with excel academically with merit-based scholarships to support their cost of the Department of Financial Services; and a bail agent to provide certain attendance at any college or university located in New York State. Five disclosures to a potential indemnitor before the indemnitor signs any thousand awards, of $500 each, will be granted annually in 2015-16 and agreement. The amendments also codify the holding of Gevorkyan v. 2016-17. Decisions on applications for this Program are made prior to the Judelson, 29 N.Y.3d 452 (2017), that the full premium or compensation beginning of the term. Therefore, it is critical that the terms of this program paid for a bail bond must be returned if the defendant is not released from as provided in the regulation be effective immediately so that students can custody. make informed choices and in order for HESC to process scholarship ap- The amendments further would include in the definition of “managing plications in a timely manner. To accomplish this mandate, the statute fur- general agent” under Part 33 any person or business entity that supervises ther provides for HESC to promulgate emergency regulations to imple- or manages, on behalf of an insurer, bail agents appointed by the insurer, ment the program. For these reasons, compliance with section 202(1) of other than a person who is a full-time employee or officer of the insurer the State Administrative Procedure Act would be contrary to the public and would amend Part 66 to require bail bond insurers and CBOs to file, interest. for the Superintendent’s approval, all contracts and other forms that are Subject: New York State Achievement and Investment in Merit Scholar- signed by or provided to the indemnitor or principal, including the bail bond form. ship (NY-AIMS). These amendments apply uniformly to regulated parties that do busi- Purpose: To implement The New York State Achievement and Investment ness in both rural and non-rural areas of New York State. The amendments in Merit Scholarship (NY-AIMS). will not impose any additional costs on rural areas. Text of emergency rule: New section 2201.16 is added to Title 8 of the Job Impact Statement New York Code, Rules and Regulations to read as follows: The proposed amendments should have no negative impact on jobs or Section 2201.16 The New York State Achievement and Investment in employment opportunities in this State. The amendments would amend Merit Scholarship (NY-AIMS). Part 28 to require, among other things: a bail agent to maintain a bail reg- (a) Definitions. As used in section 669-g of the Education Law and this ister; a bail agent to issue a receipt upon collecting and, if applicable, section, the following terms shall have the following meanings: returning the premium and collateral; an insurer, charitable bail organiza- (1) “Good academic standing” shall have the same meaning as set tion (“CBO”), and bail agent to be liable for the return of all collateral forth in section 665(6) of the education law. received; a bail agent to prominently display in a headquarters location (2) “Grade point average” shall mean the student’s numeric grade and each satellite office the license of the bail agent and any supervising person responsible for the place of business and a sign that states that a calculated on the standard 4.0 scale. complaint may be filed with the Department of Financial Services; and a (3) “Program” shall mean The New York State Achievement and bail agent to provide certain disclosures to a potential indemnitor before Investment in Merit Scholarship codified in section 669-g of the education the indemnitor signs any agreement. The amendments also codify law. Gevorkyan v. Judelson, 29 NY 3d 452 (2017), which held that the full (4) “Unmet need” for the purpose of determining priority shall mean premium or compensation paid for a bail bond must be returned if the the cost of attendance, as determined for federal Title IV student financial defendant is not released from custody. aid purposes, less all federal, State, and institutional higher education aid The amendments further would include in the definition of “managing and the expected family contribution based on the federal formula. general agent” under Part 33 any person or business entity that supervises (b) Eligibility. An applicant must: or manages, on behalf of an insurer, bail agents appointed by the insurer, (1) have graduated from a New York State high school in the 2014-15 other than a person who is a full-time employee or officer of the insurer academic year or thereafter; and and would amend Part 66 to require bail bond insurers and CBOs to file, (2) enroll in an approved undergraduate program of study in a public for the Superintendent of Financial Services’ approval, all contracts and or private not-for-profit degree granting post-secondary institution lo- other forms that are signed by or provided to the indemnitor or principal, cated in New York State beginning in the two thousand fifteen-sixteen aca- including the bail bond form. demic year or thereafter; and These amendments, intended to make the bail process more transparent (3) have achieved at least two of the following during high school: and provide greater consumer protection, will not have a substantial adverse impact on jobs and employment opportunities in New York State. (i) Graduated with a grade point average of 3.3 or above; (ii) Graduated with a “with honors” distinction on a New York State regents diploma or receive a score of 3 or higher on two or more advanced placement examinations; or (iii) Graduated within the top fifteen percent of their high school Higher Education Services class, provided that actual class rank may be taken into consideration; Corporation and (4) satisfy all other requirements pursuant to section 669-g of the education law; and (5) satisfy all general eligibility requirements provided in section 661 EMERGENCY of the education law including, but not limited to, full-time attendance, RULE MAKING good academic standing, residency and citizenship. (c) Distribution and priorities. In each year, new awards made shall be New York State Achievement and Investment in Merit proportionate to the total new applications received from eligible students Scholarship (NY-AIMS) enrolled in undergraduate study at public and private not-for-profit degree granting institutions. Distribution of awards shall be made in accordance I.D. No. ESC-36-18-00001-E with the provisions contained in section 669-g(3)(a) of the education law Filing No. 822 within each sector. In the event that there are more applicants who have Filing Date: 2018-08-20 the same priority than there are remaining scholarships or available fund- Effective Date: ing, awards shall be made in descending order based on unmet need 2018-08-20 established at the time of application. In the event of a tie, distribution shall be made by means of a lottery or other form of random selection. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (d) Administration. cedure Act, NOTICE is hereby given of the following action: (1) Applicants for an award shall apply for program eligibility at

4 NYS Register/September 5, 2018 Rule Making Activities such times, on forms and in a manner prescribed by the corporation. The are relying on loans to pay for college. Today, 71 percent of those earning corporation may require applicants to provide additional documentation a bachelor’s degree graduate with student loan debt averaging $29,400. evidencing eligibility. Many of these students feel burdened by their college loan debt, especially (2) Recipients of an award shall: as they seek to start a family, buy a home, launch a business, or save for (i) request payment annually at such times, on forms and in a man- retirement. ner specified by the corporation; This Program cushions the disparate growth in the cost of a postsecond- (ii) receive such awards for not more than four academic years of ary education by providing New York State high school graduates who undergraduate study, or five academic years if the program of study excel academically with merit-based scholarships to support their cost of normally requires five years as defined by the commissioner pursuant to attendance at any college or university located in the State for up to four Article 13 of the education law; and years of undergraduate study (or five years if enrolled in a five-year (iii) provide any information necessary for the corporation to program). Five thousand awards, of $500 each, will be granted annually in 2015-16 and 2016-17. determine compliance with the program’s requirements. Costs: (e) Awards. a. It is anticipated that there will be no new costs to the agency for the (1) The amount of the award shall be determined in accordance with implementation of, or continuing compliance with this rule. section 669-g of the education law. b. The maximum cost of the program to the State is $2.5 million in the (2) Disbursements shall be made annually to institutions on behalf of first year based upon budget estimates. recipients. c. It is anticipated that there will be no costs to local governments for (3) Awards may be used to offset the recipient’s total cost of atten- the implementation of, or continuing compliance with, this rule. dance determined for federal Title IV student financial aid purposes or d. The source of the cost data in (b) above is derived from the New York may be used in addition to such cost of attendance. State Division of the Budget. This notice is intended to serve only as a notice of emergency adoption. Local government mandates: This agency intends to adopt this emergency rule as a permanent rule and No program, service, duty or responsibility will be imposed by this rule will publish a notice of proposed rule making in the State Register at some upon any county, city, town, village, school district, fire district or other future date. The emergency rule will expire November 17, 2018. special district. Text of rule and any required statements and analyses may be obtained Paperwork: from: Cheryl B. Fisher, NYS Higher Education Services Corporation, 99 This proposal will require applicants to file an electronic application for Washington Avenue, Room 1325, Albany, New York 12255, (518) 474- eligibility and payment together with supporting documentation. 5592, email: [email protected] Duplication: Regulatory Impact Statement No relevant rules or other relevant requirements duplicating, overlap- Statutory authority: ping, or conflicting with this rule were identified. The New York State Higher Education Services Corporation’s Alternatives: (“HESC”) statutory authority to promulgate regulations and administer The proposed regulation is the result of HESC’s outreach efforts to The New York State Achievement and Investment in Merit Scholarship financial aid professionals with regard to this Program. Several alterna- (NY-AIMS), hereinafter referred to as “Program”, is codified within tives were considered in the drafting of this regulation. For example, sev- Article 14 of the Education Law. In particular, Part Z of Chapter 56 of the eral alternatives were considered in defining terms used in the regulation Laws of 2015 created the Program by adding a new section 669-g to the as well as the administration of the Program. Given the statutory language Education Law. Subdivision 6 of section 669-g of the Education Law as set forth in section 669-g of the Education Law, a “no action” alterna- authorizes HESC to promulgate emergency regulations for the purpose of tive was not an option. administering this Program. Federal standards: Pursuant to Education Law § 652(2), HESC was established for the This proposal does not exceed any minimum standards of the Federal purpose of improving the post-secondary educational opportunities of Government and efforts were made to align it with similar federal subject eligible students through the centralized administration of New York State areas as evidenced by the adoption of the federal definitions/methodology financial aid programs and coordinating the State’s administrative effort in concerning unmet need, expected family contribution, and cost of student financial aid programs with those of other levels of government. attendance. In addition, Education Law § 653(9) empowers HESC’s Board of Trust- Compliance schedule: ees to perform such other acts as may be necessary or appropriate to carry The agency will be able to comply with the regulation immediately out the objects and purposes of the corporation including the promulgation upon its adoption. of rules and regulations. Regulatory Flexibility Analysis HESC’s President is authorized, under Education Law § 655(4), to This statement is being submitted pursuant to subdivision (3) of section propose rules and regulations, subject to approval by the Board of Trust- 202-b of the State Administrative Procedure Act and in support of the New ees, governing, among other things, the application for and the granting York State Higher Education Services Corporation’s (“HESC”) Emer- and administration of student aid and loan programs, the repayment of gency Rule Making, seeking to add a new section 2201.16 to Title 8 of the loans or the guarantee of loans made by HESC; and administrative func- Official Compilation of Codes, Rules and Regulations of the State of New tions in support of state student aid programs. Also, consistent with Educa- York. tion Law § 655(9), HESC’s President is authorized to receive assistance It is apparent from the nature and purpose of this rule that it will not from any Division, Department or Agency of the State in order to properly impose an adverse economic impact on small businesses or local carry out his or her powers, duties and functions. Finally, Education Law governments. HESC finds that this rule will not impose any compliance § 655(12) provides HESC’s President with the authority to perform such requirement or adverse economic impact on small businesses or local other acts as may be necessary or appropriate to carry out effectively the governments. Rather, it has potential positive economic impacts inasmuch general objects and purposes of HESC. as it implements a statutory student financial aid program that provides Legislative objectives: merit-based scholarships to students who pursue their undergraduate The Education Law was amended to add a new section 669-g to create degree at any college or university located in New York State. Providing The New York State Achievement and Investment in Merit Scholarship students with direct financial assistance will encourage them to attend col- (NY-AIMS). The objective of this Program is to grant merit-based scholar- lege in New York State, which will provide an economic benefit to the ship awards to New York State high school graduates who achieve aca- State’s small businesses and local governments as well. demic excellence. Rural Area Flexibility Analysis Needs and benefits: This statement is being submitted pursuant to subdivision (4) of section The cost to attain a postsecondary degree has increased significantly 202-bb of the State Administrative Procedure Act and in support of the over the years; alongside this growth, the financing of that degree has New York State Higher Education Services Corporation’s Emergency Rule become increasingly challenging. According to a June 9, 2014 Presidential Making, seeking to add a new section 2201.16 to Title 8 of the Official Memorandum issued by President Obama, over the past three decades, the Compilation of Codes, Rules and Regulations of the State of New York. average tuition at a public four-year college has more than tripled, while a It is apparent from the nature and purpose of this rule that it will not typical family’s income has increased only modestly. All federal student impose an adverse impact on rural areas. Rather, it has potential positive financial aid and a majority of state student financial aid programs are impacts inasmuch as it implements a statutory student financial aid conditioned on economic need. Despite stagnant growth in household program that provides merit-based scholarships to students who pursue incomes, there continues to be far fewer academically-based financial aid their undergraduate degree at any college or university located in New programs, which are awarded to students regardless of assets or income. York State. Providing students with direct financial assistance will encour- This has resulted in more limited financial aid options for those who are age them to attend college in New York State, which benefits rural areas ineligible for need-based aid. Concurrently, greater numbers of students around the State as well.

5 Rule Making Activities NYS Register/September 5, 2018

This agency finds that this rule will not impose any reporting, record (3) “Deferment” shall have the same meaning applicable to the Wil- keeping or other compliance requirements on public or private entities in liam D. Ford Federal Direct Loan Program as set forth in 34 CFR Part rural areas. 685. Job Impact Statement (4) “Delinquent” shall mean the failure to pay a required scheduled This statement is being submitted pursuant to subdivision (2) of section payment on a federal student loan within thirty days of such payment’s due 201-a of the State Administrative Procedure Act and in support of the New date. York State Higher Education Services Corporation’s Emergency Rule (5) “Forbearance” shall have the same meaning applicable to the Making seeking to add a new section 2201.16 to Title 8 of the Official William D. Ford Federal Direct Loan Program as set forth in 34 CFR Compilation of Codes, Rules and Regulations of the State of New York. Part 685. It is apparent from the nature and purpose of this rule that it will not (6) “Income” shall mean the total adjusted gross income of the ap- have any negative impact on jobs or employment opportunities. Rather, it plicant and the applicant’s spouse, if applicable. has potential positive economic impacts inasmuch as it implements a statu- (7) “Program” shall mean the New York State Get on Your Feet Loan tory student financial aid program that provides merit-based scholarships Forgiveness Program. to students who pursue their undergraduate degree at any college or (8) “Undergraduate degree” shall mean an associate or baccalaure- university located in New York State. Providing students with direct ate degree. financial assistance will encourage them to attend college in New York (b) Eligibility. An applicant must satisfy the following requirements: State and possibly seek employment opportunities in the State as well, (1) have graduated from a high school located in the State or at- which will benefit the State. tended an approved State program for a State high school equivalency diploma and received such diploma. An applicant who received a high EMERGENCY school diploma, or its equivalent, from another state is ineligible for a Program award; RULE MAKING (2) have graduated and obtained an undergraduate degree from a college or university located in the State in or after the two thousand New York State Get on Your Feet Loan Forgiveness Program fourteen-fifteen academic year; (3) apply for this program within two years of obtaining such I.D. No. ESC-36-18-00002-E undergraduate degree; Filing No. 823 (4) not have earned a degree higher than an undergraduate degree at Filing Date: the time of application; 2018-08-20 (5) be a participant in a federal income-driven repayment plan whose Effective Date: 2018-08-20 payment amount is generally ten percent of discretionary income; (6) have income of less than fifty thousand dollars; PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (7) comply with subdivisions three and five of section 661 of the cedure Act, NOTICE is hereby given of the following action: education law; (8) work in the State, if employed. A member of the military who is on Action taken: Addition of section 2201.15 to Title 8 NYCRR. active duty and for whom New York is his or her legal state of residence Statutory authority: Education Law, sections 653, 655 and 679-g shall be deemed to be employed in NYS; Finding of necessity for emergency rule: Preservation of general welfare. (9) not be delinquent on a federal student loan or in default on a Specific reasons underlying the finding of necessity: This statement is student loan made under any statutory New York State or federal educa- being submitted pursuant to subdivision (6) of section 202 of the State tion loan program or repayment of any New York State award; and Administrative Procedure Act and in support of the New York State Higher (10) be in compliance with the terms of any service condition imposed Education Services Corporation’s (“HESC”) Emergency Rule Making by a New York State award. seeking to add a new section 2201.15 to Title 8 of the Official Compilation (c) Administration. of Codes, Rules and Regulations of the State of New York. (1) An applicant for an award shall apply for program eligibility at This regulation implements a statutory student financial aid program such times, on forms and in a manner prescribed by the corporation. The providing for awards to be made to students who receive their undergradu- corporation may require applicants to provide additional documentation ate degree from a college or university located in New York State in evidencing eligibility. December 2014 and thereafter. Emergency adoption is necessary to avoid (2) A recipient of an award shall: an adverse impact on the processing of awards to eligible applicants. The (i) request payment at such times, on such forms and in a manner statute provides for student loan relief to such college graduates who as prescribed by the corporation; continue to live in New York State upon graduation, earn less than $50,000 (ii) confirm he or she has adjusted gross income of less than fifty per year, participate in either the federal Pay as You Earn (PAYE) or thousand dollars, is a resident of New York State, is working in New York Income Based Repayment (IBR) program, which cap a federal student State, if employed, and any other information necessary for the corpora- loan borrower’s payments at 10 percent of discretionary income, and ap- tion to determine eligibility at such times prescribed by the corporation. ply for this program within two years after graduating from college. Said submissions shall be on forms or in a manner prescribed by the Eligible applicants will have up to twenty-four payments made on their corporation; behalf towards their federal income-based repayment plan commitment. (iii) notify the corporation of any change in his or her eligibility For those students who graduated in December 2014, their first student status including, but not limited to, a change in address, employment, or loan payment will become due upon the expiration of their grace period in income, and provide the corporation with current information; June 2015. Therefore, it is critical that the terms of this program as (iv) not receive more than twenty four payments under this provided in the regulation be effective immediately in order for HESC to program; and process applications so that timely payments can be made on behalf of (v) provide any other information or documentation necessary for program recipients. To accomplish this mandate, the statute further the corporation to determine compliance with the program’s requirements. provides for HESC to promulgate emergency regulations to implement the (d) Amounts and duration. program. For these reasons, compliance with section 202(1) of the State (1) The amount of the award shall be equal to one hundred percent of Administrative Procedure Act would be contrary to the public interest. the recipient’s established monthly federal income-driven repayment plan payment whose payment amount is generally ten percent of discretionary Subject: New York State Get on Your Feet Loan Forgiveness Program. income and whose payment is based on income rather than loan debt. Purpose: To implement the New York State Get on Your Feet Loan (2) In the event the established monthly federal income-driven repay- Forgiveness Program. ment plan payment is zero or the applicant is otherwise not obligated to Text of emergency rule: New section 2201.15 is added to Title 8 of the make a payment, the applicant shall not qualify for a Program award. New York Code, Rules and Regulations to read as follows: (3) Disbursements shall be made to the entity that collects payments Section 2201.15 New York State Get on Your Feet Loan Forgiveness on the federal student loan or loans on behalf of the recipient on a monthly Program. basis. (a) Definitions. As used in section 679-g of the education law and this (4) A maximum of twenty-four payments may be awarded, provided section, the following terms shall have the following meanings: the recipient continues to satisfy the eligibility requirements set forth in (1) “Adjusted gross income” shall mean the income used by the U.S. section 679-g of the education law and the requirements set forth in this Department of Education to qualify the applicant for the federal income- section. driven repayment plan. (e) Disqualification. A recipient shall be disqualified from receiving fur- (2) “Award” shall mean a New York State Get on Your Feet Loan ther award payments under this program if he or she fails to satisfy any of Forgiveness Program award pursuant to section 679-g of the education the eligibility requirements, no longer qualifies for an award, or fails to law. respond to any request for information by the corporation.

6 NYS Register/September 5, 2018 Rule Making Activities

(f) Renewed eligibility. A recipient who has been disqualified pursuant buy a home, launch a business, or save for retirement. To ensure that to subdivision (e) may reapply for this program and receive an award if he student debt is manageable, the federal government enacted income-driven or she satisfies all of the eligibility requirements set forth in section 679-g repayment plans, such as the Pay as You Earn (PAYE) plan, which caps a of the education law and the requirements set forth in this section. federal student loan borrower’s payments at 10 percent of income. (g) Repayment. A recipient who is not a resident of New York State at Although New York’s public colleges and universities offer among the the time a payment is made under this program shall be required to repay lowest tuition in the nation, currently the average New York student gradu- such payment or payments to the corporation. In addition, at the corpora- ates from college with a four-year degree saddled with more than $25,000 tion’s discretion, a recipient may be required to repay to the corporation in student loans. Mounting student debt makes it difficult for recent gradu- any payment made under this program that, at the time payment was made, ates to deal with everyday costs of living, which often increases the amount should have been disqualified pursuant to subdivision (e). If a recipient is of credit card and other debt they must take on in order to survive. To help required to repay any payment or payments to the corporation, the follow- mitigate the disparate growth in the cost of financing a postsecondary ing provisions shall apply: education, this Program offers financial aid relief to recent college gradu- (1) Interest shall begin to accrue on the day such payment was made ates by providing up to twenty-four payments towards an eligible ap- on behalf of the recipient. In the event the recipient notifies the corpora- plicant’s federal income-based student loan repayment plan commitment. tion of a change in residence within 30 days of such change, interest shall Students who receive their undergraduate degree from a college or begin to accrue on the day such recipient was no longer a New York State university located in New York State in December 2014 and thereafter, resident. who continue to live in New York State upon graduation, earn less than (2) The interest rate shall be fixed and equal to the rate established in $50,000 per year, participate in either the federal Pay as You Earn (PAYE) section 18 of the New York State Finance Law. or applicable federal Income Based Repayment (IBR) program, and apply (3) Repayment must be made within five years. for this Program within two years after graduating from college are eligible (4) Where a recipient has demonstrated extreme hardship as a result for this Program. of a disability, labor market conditions, or other such circumstances, the Costs: corporation may, in its discretion, waive or defer payment, extend the a. It is anticipated that there will be no new costs to the agency for the repayment period, or take such other appropriate action. implementation of, or continuing compliance with this rule. This notice is intended to serve only as a notice of emergency adoption. b. The maximum cost of the program to the State is $5.2 million in the This agency intends to adopt this emergency rule as a permanent rule and first year based upon budget estimates. will publish a notice of proposed rule making in the State Register at some c. It is anticipated that there will be no costs to local governments for future date. The emergency rule will expire November 17, 2018. the implementation of, or continuing compliance with, this rule. Text of rule and any required statements and analyses may be obtained d. The source of the cost data in (b) above is derived from the New York from: Cheryl B. Fisher, NYS Higher Education Services Corporation, 99 State Division of the Budget. Washington Avenue, Room 1325, Albany, New York 12255, (518) 474- Local government mandates: 5592, email: [email protected] No program, service, duty or responsibility will be imposed by this rule upon any county, city, town, village, school district, fire district or other Regulatory Impact Statement special district. Statutory authority: Paperwork: The New York State Higher Education Services Corporation’s This proposal will require applicants to file an electronic application for (“HESC”) statutory authority to promulgate regulations and administer eligibility and payment together with supporting documentation. the New York State Get on Your Feet Loan Forgiveness Program (“Pro- Duplication: gram”) is codified within Article 14 of the Education Law. In particular, No relevant rules or other relevant requirements duplicating, overlap- Part C of Chapter 56 of the Laws of 2015 created the Program by adding a ping, or conflicting with this rule were identified. new section 679-g to the Education Law. Subdivision 4 of section 679-g Alternatives: of the Education Law authorizes HESC to promulgate emergency regula- The proposed regulation is the result of HESC’s outreach efforts to the tions for the purpose of administering this Program. U.S. Department of Education with regard to this Program. Several Pursuant to Education Law § 652(2), HESC was established for the alternatives were considered in the drafting of this regulation. For purpose of improving the post-secondary educational opportunities of example, several alternatives were considered in defining terms used in eligible students through the centralized administration of New York State the regulation as well as the administration of the Program. Given the financial aid programs and coordinating the State’s administrative effort in statutory language as set forth in section 679-g of the Education Law, a student financial aid programs with those of other levels of government. “no action” alternative was not an option. In addition, Education Law § 653(9) empowers HESC’s Board of Trust- Federal standards: ees to perform such other acts as may be necessary or appropriate to carry This proposal does not exceed any minimum standards of the Federal out the objects and purposes of the corporation including the promulgation Government. Since this Program is intended to supplement federal repay- of rules and regulations. ment programs, efforts were made to align the Program with the federal HESC’s President is authorized, under Education Law § 655(4), to programs. propose rules and regulations, subject to approval by the Board of Trust- Compliance schedule: ees, governing, among other things, the application for and the granting The agency will be able to comply with the regulation immediately and administration of student aid and loan programs, the repayment of upon its adoption. loans or the guarantee of loans made by HESC; and administrative functions in support of state student aid programs. Also, consistent with Educa- Regulatory Flexibility Analysis tion Law § 655(9), HESC’s President is authorized to receive assistance This statement is being submitted pursuant to subdivision (3) of section from any Division, Department or Agency of the State in order to properly 202-b of the State Administrative Procedure Act and in support of the New carry out his or her powers, duties and functions. Finally, Education Law York State Higher Education Services Corporation’s (“HESC”) Emer- § 655(12) provides HESC’s President with the authority to perform such gency Rule Making, seeking to add a new section 2201.15 to Title 8 of the other acts as may be necessary or appropriate to carry out effectively the Official Compilation of Codes, Rules and Regulations of the State of New general objects and purposes of HESC. York. Legislative objectives: It is apparent from the nature and purpose of this rule that it will not The Education Law was amended to add a new section 679-g to create impose an adverse economic impact on small businesses or local the “New York State Get on Your Feet Loan Forgiveness Program” governments. HESC finds that this rule will not impose any compliance (Program). The objective of this Program is to ease the burden of federal requirement or adverse economic impact on small businesses or local student loan debt for recent New York State college graduates. governments. Rather, it has potential positive economic impacts inasmuch Needs and benefits: as it implements a statutory student financial aid program that eases the More than any other time in history, a college degree provides greater burden of federal student loan debt for recent New York State college opportunities for graduates than is available to those without a postsec- graduates who continue to live in the State. Providing students with direct ondary degree. However, financing that degree has also become more financial assistance will encourage students to attend college in New York challenging. According to a June 9, 2014 Presidential Memorandum is- State and remain in the State following graduation, which will provide an sued by President Obama, over the past three decades, the average tuition economic benefit to the State’s small businesses and local governments as at a public four-year college has more than tripled, while a typical family’s well. income has increased only modestly. More students than ever are relying Rural Area Flexibility Analysis on loans to pay for college. Today, 71 percent of those earning a bache- This statement is being submitted pursuant to subdivision (4) of section lor’s degree graduate with debt, which averages $29,400. Many of these 202-bb of the State Administrative Procedure Act and in support of the students feel burdened by debt, especially as they seek to start a family, New York State Higher Education Services Corporation’s Emergency Rule

7 Rule Making Activities NYS Register/September 5, 2018

Making, seeking to add a new section 2201.15 to Title 8 of the Official Regulations (Statutory Authority – General Municipal Law 205-cc – Compilation of Codes, Rules and Regulations of the State of New York. Chapter 334 of the Laws of 2017) It is apparent from the nature and purpose of this rule that it will not The New York State Volunteer Firefighters Enhanced Cancer Disability impose an adverse impact on rural areas. Rather, it has potential positive Benefits Act regulations were drafted by the Division of Homeland Secu- impacts inasmuch as it implements a statutory student financial aid rity and Emergency Services, Office of Fire Prevention and Control program that eases the burden of federal student loan debt for recent New (OFPC), in consultation with the Department of Financial Services and York State college graduates who continue to live in the State. Providing Workers’ Compensation Board. students with direct financial assistance will encourage students to attend The law requires all volunteer fire districts, department and companies college in New York State and remain in the State following graduation, to provide an enhanced cancer benefit to eligible members no later than which benefits rural areas around the State as well. January 1, 2019 (GML § 205-cc[5]). This agency finds that this rule will not impose any reporting, record 9 NYCRR Part 210 keeping or other compliance requirements on public or private entities in Part 210.1 Authority, Intent and Purpose rural areas. The Division of Homeland Security and Emergency Services, Office of Job Impact Statement Fire Prevention and Control has the authority to establish rules and regula- This statement is being submitted pursuant to subdivision (2) of section tions related to claims, denials and qualifications for the enhanced cancer 201-a of the State Administrative Procedure Act and in support of the New disability benefit pursuant to General Municipal Law Section 205-cc. York State Higher Education Services Corporation’s Emergency Rule The purpose and intent of these regulations is to establish a claims pro- Making seeking to add a new section 2201.15 to Title 8 of the Official cess for an eligible volunteer firefighter or his/her designated beneficiary, Compilation of Codes, Rules and Regulations of the State of New York. who contracts certain types of cancer, to receive disability and death It is apparent from the nature and purpose of this rule that it will not benefits, not to exceed $154,000. The benefits are as follows (GML § 205- have any negative impact on jobs or employment opportunities. Rather, it cc[1]): has potential positive economic impacts inasmuch as it implements a statu- - $25,000 lump sum payment for each diagnosis of certain cancers; tory student financial aid program that eases the burden of federal student - $6,250 lump sum benefit for each diagnosis of certain cancers loan debt for recent New York State college graduates who continue to (combined with benefit above cannot exceed lifetime amount of $50,000); live in the State. Providing students with direct financial assistance will - $1,500 monthly benefit (up to 36 months) for firefighter that is totally encourage students to attend college in New York State and remain in the disabled (maximum benefit $54, 000); and State following graduation, which benefits the State as well. - $50,000 death benefit to firefighters designated beneficiary(ies). Part 210.2. Definitions Includes statutory and additional definitions to guide eligibility for and the application of the enhanced cancer disability benefit. Important defini- Division of Homeland Security and tions include: “Authority Having Jurisdiction” this definition is necessary to define Emergency Services the various entities who have the responsibility of providing fire protection through the municipalities of the state; “Benefit Provider” - identifies the entity legally and financially EMERGENCY responsible for providing the benefit coverage to volunteer firefighters; “Active Volunteer Firefighter” defines a firefighter has been approved RULE MAKING by a legally organized fire district, department or company and who is faithfully and actively performing services in the protection of life and New York State Volunteer Firefighter Enhanced Cancer property from fire or other emergencies; Disability Benefits Program “Interior Firefighter” this definition is necessary to establish those I.D. No. firefighters who have the minimum interior firefighting experience to be HES-25-18-00001-E eligible to receive benefits due to having been exposed to occupational Filing No. 831 hazards; Filing Date: 2018-08-21 “Physical Examination” this definition details one of the eligibility Effective Date: 2018-08-21 requirements necessary to establish a lack of cancer prior to the firefighter performing duties as an interior firefighter; “Year of Firefighting Service” is necessary in order to calculate the 5 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- year experience requirement for firefighters to be eligible for the benefit. cedure Act, NOTICE is hereby given of the following action: Part 210.3. Eligibility Action taken: Addition of Part 210 to Title 9 NYCRR. Establishes eligibility criteria for volunteer firefighters to qualify to Statutory authority: General Municipal Law, section 205-cc receive cancer benefits, including 5 years of interior firefighting duties; Finding of necessity for emergency rule: Preservation of public safety proof of 5 years of mask fit tests as required by regulation for interior and general welfare. firefighting; and that the firefighter must have received a physical exam Specific reasons underlying the finding of necessity: It is necessary for prior to performing interior firefighting duties; and that the firefighter has this rule to be readopted on an emergency basis for the preservation of been diagnosed with cancer. public safety and general welfare, pursuant to State Administrative Proce- Note: GML § 205-cc provides for the medical exam “upon entry” to the dure Act § 202(6). General Municipal Law § 205-cc requires that all vol- firefighting service, however, mandatory medical examinations are unteer fire districts, departments and companies provide an enhanced can- required based upon duties (i.e. use of respirators is and OSHA require- cer disability benefit to eligible members no later than January 1, 2019. ment as contained in 29 CFR 1910) and not required upon becoming a Compliance with the requirements of section 202(1) of the State Adminis- firefighter. Therefore, the regulation allows for the physical to have been trative Procedure Act would be contrary to the public’s interest in provid- performed prior to interior firefighting duties which would expose them to ing fire districts, departments and companies the necessary time to ac- hazardous fumes. count for the cost of obtaining volunteer firefighter enhanced cancer Part 210.4. Documentation disability benefits in their annual budgets. Establishes notification requirements for fire districts, departments and The current emergency rule, adopted on May 30, 2018 expires in 90 companies regarding claims. Requires the benefit provider (insurance days from its adoption date or on August 27, 2018. The public comment company or the authority having jurisdiction that is self-funding a cancer period for the proposed rule needs to remain open until 60 days from its disability benefits program) to certify to OFPC that the firefighter meets publication in the State Register on June 20, 2018 and therefore cannot be the eligibility criteria (years of active firefighting service, years of interior finally adopted until August 20, 2018 and will not become effective until it firefighting service and successful completion of a physical examination is published in the State Register on September 5, 2018. Therefore, the re- which failed to reveal cancer). adoption of the emergency rule is necessary to avoid its expiration. Part 210.5. Proof of Benefits Coverage Accordingly, this rule is re-adopted on an emergency basis. Requires all fire districts, departments and companies to certify to OFPC by January 1, 2019 and annually thereafter that they have the required Subject: New York State Volunteer Firefighter Enhanced Cancer Disabil- benefit coverage in place for all eligible members by either: (1) providing ity Benefits Program. proof of an insurance policy; or (2) demonstrating that the authority hav- Purpose: Establish claims process for eligible volunteer firefighters with ing jurisdiction has taxing authority and agrees to fund all claims for certain cancers to receive disability and death benefits. benefits for eligible volunteer firefighters. This part also details the Substance of emergency rule (Full text is posted at the following State required amount of coverage including lump sum payment amounts per website: www.dhses.ny.gov/ofpc/regs/ vfcancerdisability.cfm): New York diagnosis of cancer, monthly benefit amounts and duration and the death State Volunteer Firefighters Enhanced Cancer Disability Benefits Act benefit amount.

8 NYS Register/September 5, 2018 Rule Making Activities

Part 210.6. Claims Process companies to obtain benefit coverage for its members by January 1, 2019. Details procedures for firefighters regarding filing of claims and The rule requires fire departments to submit information regarding cover- appeals. Claims are required to be filed within 120 days of a diagnosis of age verification and submission of claims to insurance companies. The cancer. Establishes a framework for benefit providers to follow for claims volunteer fire district, department, or company will also be required to processing. Requires the benefit provider evaluate claim within 30 days report information related to claims to OFPC no later than December 1, and provides claimant 45 days to submit additional documentation, if 2019 and annually thereafter. needed. Provides notification requirements for claims denials and limit 6. Paperwork: reasons for denials based upon statutory qualifications. The proposed rule would require volunteer fire districts, departments, Part 210.7. Denial of Benefits or companies to provide the following forms: proof of benefit coverage at- Provides appeal process if a claim is denied. Allows claimant to sue in- testation form to be submitted to OFPC by all volunteer fire districts, surance company if claim is denied and not resolved within 60 days of fil- departments or companies on or before January 1, 2019; benefit claim form with instructions to be provided by all volunteer fire districts, depart- ing claim. Establishes a 2-year statute of limitations for filing claims for ments and companies to their members; certification of eligibility form to benefits. Establishes that when a claim is denied by an authority having OFPC by all volunteer fire districts, departments or companies, and an an- jurisdiction, it is a final and binding agency determination thereby allow- nual claims report to OFPC by all volunteer fire districts, departments or ing the claimant to pursue judicial remedies. companies starting December 1, 2019. Part 210.8. Annual Reports 7. Duplication: Details statutory annual claims reporting and filing requirements for fire There are no rules or other legal requirements of either the State or districts, department and companies. This Part also requires submission of federal government which duplicate, overlap, or conflict with the proposed information OFPC will collect and compile to report on volunteer rule. firefighter enhanced cancer disability claims to the Governor and the 8. Alternatives: Legislature, beginning January 1, 2020 (GML § 205-cc[6]). Further, this The provisions of the proposed rule implement statutory mandates of Part requires OFPC to collect and maintain list of interior firefighters and Chapter 334 of the Laws of 2017. There were no significant alternatives provide firefighter and related training information to fire districts, depart- considered. ments and companies. 9. Federal standards: No standards have been set by the federal government for the same or This notice is intended to serve only as a notice of emergency adoption. similar subject areas. This agency intends to adopt the provisions of this emergency rule as a 10. Compliance schedule: permanent rule, having previously submitted to the Department of State a Chapter 334 of the Laws of 2017 was enacted on October 22, 2017. notice of proposed rule making, I.D. No. HES-25-18-00001-EP, Issue of Volunteer fire districts, departments, and companies must provide proof of June 20, 2018. The emergency rule will expire October 19, 2018. benefit coverage for their eligible members no later than January 1, 2019. Text of rule and any required statements and analyses may be obtained All volunteer fire districts, departments, and companies must submit infor- from: Kenneth Bruno, Deputy Counsel, Division of Homeland Security mation related to claims to OFPC by December 1, 2019 and annually and Emergency Services, 1220 Washington Avenue, Building 7A, Albany, thereafter. New York 12226, (518) 474-6746, email: [email protected] Regulatory Flexibility Analysis Regulatory Impact Statement 1. Effect of rule: 1. Statutory authority: There are 1755 volunteer fire districts, departments, and companies that General Municipal Law Section 205-cc directs the Office of Fire are considered local governments and will be affected by the proposed Prevention and Control (OFPC), in consultation with the Department of rule. Financial Services and the Workers’ Compensation Board, to adopt the 2. Compliance requirements: rules and regulations necessary to implement volunteer firefighter The proposed rule would require volunteer fire districts, departments, enhanced cancer disability benefits. or companies to submit the following forms: proof of benefit coverage at- 2. Legislative objectives: testation form to be submitted to OFPC by all volunteer fire districts, The legislative objective of Chapter 334 of the Laws of 2017 is to departments or companies on or before January 1, 2019; benefit claim provide volunteer firefighters, based on occupational hazards, who have form with instructions to be provided by all volunteer fire districts, depart- been diagnosed with certain forms of cancer, with enhanced disability ments and companies to their members; certification of eligibility form to benefits. Chapter 334 of the Laws of 2017 provides volunteer firefighters OFPC by all volunteer fire districts, departments or companies, and annual compensation for an exposure risk associated with their job, similar to claims report to OFPC by all volunteer fire districts, departments or their career counterparts. The proposed rule accords with the public policy companies starting December 1, 2019. objectives of Chapter 334 of the Laws of 2017 by providing the necessary 3. Professional services: rules and regulations to implement the volunteer firefighter disability ben- It is unknown if volunteer fire districts, departments, and companies efit program. will need professional services to comply with the proposed rule. 3. Needs and benefits: 4. Compliance costs: The purpose of the proposed regulations is to establish a claims process Costs to volunteer fire districts, departments, and companies will for eligible volunteer firefighters who contract certain types of cancer, to directly correlate to statutory requirement to provide disability and death receive disability and death benefits, established by law. The rule is neces- benefits to their eligible members. It is anticipated that minimal cost in sary to provide clear guidance to regulated parties which includes fire personnel time is expected for volunteer fire districts, departments, and districts, fire departments, fire companies and volunteer firefighters. The companies to comply with this rule. Volunteer fire districts, depending on rule provides clarity and direction related to eligibility of volunteer whether they possess taxing authority can elect to either pay for an insur- firefighters and their beneficiaries, for cancer disability and death benefit, ance policy or provide proof of their ability to cover all eligible members. claims and denial of benefits process and reporting requirements. No sci- The costs to local governments (town, city or village) is dependent upon entific or statistical study, report, or analysis served as a basis for the whether the local government is legally and financially responsible for proposed rule. covering such costs. Cost estimates have been identified at between 4. Costs: $200.00 to $250.00 per eligible interior firefighter (past and present). This Costs to volunteer fire districts, departments, and companies will cost estimate has been provided to OFPC by statewide fire service directly correlate to statutory requirement to provide disability and death associations. The benefit coverage must be in place by January 1, 2019. benefits to their eligible members. It is anticipated that minimal cost in 5. Economic and technological feasibility: personnel time is expected for volunteer fire districts, departments, and Based upon the dictates of the chapter 334 of the Laws of 2017, the companies to comply with this rule. Volunteer fire districts, depending on proposed rule will impose the financial responsibility to cover enhanced whether they possess taxing authority can elect to either pay for an insur- cancer disability benefits for eligible firefighters to volunteer fire districts, ance policy or provide proof of their ability to cover all eligible members. departments and companies. It is not anticipated that the rule will impose The costs to local governments (town, city or village) is dependent upon any economic or technological burdens on local governments. whether the local government is legally and financially responsible for 6. Minimizing adverse impact: covering such costs. Cost estimates have been identified at between The purpose of the proposed rule is to provide the rules and regulations $200.00 to $250.00 per eligible interior firefighter (past and present). This reasonably necessary to implement provisions of Chapter 334 of the Laws cost estimate has been provided to OFPC by statewide fire service of 2017 statewide. As such, the proposed rule does not distinguish be- associations. The benefit coverage must be in place by January 1, 2019. tween small or large businesses or local governments which may be af- 5. Local government mandates: fected by this rule. Therefore, the approaches for minimizing adverse eco- This rule will impose requirements on volunteer fire districts, depart- nomic impact on small businesses or local governments suggested by ments, and companies beginning on January 1, 2019 and annually section 202-b(1) of SAPA were not considered in the development of this thereafter. The law requires volunteer fire districts, departments, or rule.

9 Rule Making Activities NYS Register/September 5, 2018

7. Small business and local government participation: Both small businesses and local governments will have an opportunity Ofﬁce for People with to participate in the rule making process by means of submissions during the public comment period according to SAPA guidelines. Developmental Disabilities

Rural Area Flexibility Analysis EMERGENCY 1. Types and estimated numbers of rural areas: RULE MAKING

There are 1755 volunteer fire districts, departments, and companies in Site Based and Community Based Prevocational Services New York State. All volunteer fire departments statewide will be subject to the rule, including those departments in rural areas. I.D. No. PDD-51-17-00006-E Filing No. 820 2. Reporting, recordkeeping, and other compliance requirements; and professional services: Filing Date: 2018-08-15 Effective Date: 2018-08-15 The proposed rule would require volunteer fire districts, departments, or companies to submit the following forms: PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: proof of benefit coverage attestation form to be submitted to OFPC by all volunteer fire districts, departments or companies on or before January Action taken: Amendment of Subpart 635-10 of Title 14 NYCRR. 1, 2019; benefit claim form with instructions to be provided by all volun- Statutory authority: Mental Hygiene Law, sections 13.07, 13.09(b) and teer fire districts, departments and companies to their members; certifica- 16.00 tion of eligibility form to OFPC by all volunteer fire districts, departments Finding of necessity for emergency rule: Preservation of public health, or companies, and an annual claims report to OFPC by all volunteer fire public safety and general welfare. districts, departments or companies starting December 1, 2019. Specific reasons underlying the finding of necessity: The emergency adoption of amendments that identify what site-based and community- It is unknown if volunteer fire districts, departments, and companies in based services are and clarify reimbursement requirements are necessary rural areas will need additional professional services to comply with the to protect the health, safety, and welfare of individuals receiving services proposed rule. in the OPWDD system. Prevocational services are provided to individuals with developmental disabilities to prepare individuals for paid employ- 3. Costs: ment or unpaid meaningful community activities. The emergency amendments amend existing regulations for Prevoca- Costs to volunteer fire districts, departments, and companies will tional services to establish guidelines for when an individual can be paid directly correlate to statutory requirement to provide disability and death less than federal/state minimum wage, provide an exception to the group benefits to their eligible members. It is anticipated that minimal cost in size available under site-based and community-based prevocational ser- personnel time is expected for volunteer fire districts, departments, and vices, add language that allows providers to bill for community prevoca- companies to comply with this rule. Volunteer fire districts, depending on tional services delivered on behalf of an individual while the individual is whether they possess taxing authority can elect to either pay for an insur- in another Medicaid service, and require providers to conduct an annual assessment. The regulations must be filed on an emergency basis to ensure ance policy or provide proof of their ability to cover all eligible members. individuals receive services that constitute a prevocational service and that The costs to local governments (town, city or village) is dependent upon adequately prepare individuals for competitive employment. Additionally, whether the local government is legally and financially responsible for the emergency filing is necessary to update reimbursement requirements covering such costs. Cost estimates have been identified at between for providers. $200.00 to $250.00 per eligible interior firefighter (past and present). This Subject: Site Based and Community Based Prevocational Services. cost estimate has been provided to OFPC by statewide fire service associations. The benefit coverage must be in place by January 1, 2019. Purpose: To clarify site-based and community-based services and clarify reimbursement requirements. 4. Minimizing adverse impact: Substance of emergency rule (Full text is posted at the following State website: https://opwdd.ny.gov/regula-tions_guidance/opwdd_ The purpose of the proposed rule is to provide the regulations reason- regulations/emergency): OPWDD’s regulations clarify what site based ably necessary to implement provisions of Chapter 334 of the Laws of prevocational services are, describes the skills that site based prevocational 2017 statewide and does not distinguish between rural areas and non-rural services are intended to teach, and provide examples of what site based areas of New York State. The proposed rule is not expected to have any prevocational services can include. substantial adverse impact on rural areas and therefore no other approaches The regulations specify that to participate in paid site based prevoca- or exemptions were considered to minimize impact in such areas. tional services the individual must have a demonstrated or assessed earning capacity relative to the prevocational task(s) involved, of less than 50 5. Rural area participation: percent of the current state minimum wage, federal minimum wage or prevailing wage, and be expected to have such an earning capacity while Public and private interests in rural areas will have an opportunity to participating in prevocational services. The regulations specify that a provider must have a valid Department of participate in the rule making process by means of submissions during the Labor 14c Certificate and comply with all applicable Federal laws and public comment period according to SAPA guidelines. In addition, the regulations to pay less than minimum wage. statewide fire service associations and municipal associations which rep- The regulations specify that effective one year from effective date of resent rural areas statewide have had the opportunity to advise and provide this regulation, site based prevocational services may only be provided at guidance regarding the rule. OFPC will have a designated point of contact a site that is certified by OPWDD as a site based prevocational services to assist fire departments including those in rural areas with the complexi- site. ties of implementation and requirements established by the rule. The regulations provide an exception that allows site based prevocational services to be delivered in a non-certified site when conducting the Job Impact Statement required annual assessment. A Job Impact Statement is not required as the Division of Homeland Secu- The regulations specify that there must be no new enrollments into site rity and Emergency Services, Office of Fire Prevention and Control finds based prevocational services located within day training programs that are sheltered workshops and specify that site based prevocational services that the rule will not have a substantial adverse impact on jobs or employ- may be provided in an agency-owned business or former day training/ ment opportunities. The nature and purpose of the rule is to provide guid- sheltered workshop program if the business or former program is in a set- ance regarding implementation of the volunteer firefighter enhanced can- ting that is certified as a site-based prevocational services site. cer disability benefits program, as required by Chapter 334 of the Laws of The regulations specify that if the integration standard as determined in 2017. the provider’s original workshop transformation plan is not being met, or a

10 NYS Register/September 5, 2018 Rule Making Activities change has been approved by OPWDD, there must be no new enrollments determined that the action described herein will have no effect on the into site-based prevocational services. environment and an E.I.S. is not needed. The regulations specify that service providers must conduct an annual Regulatory Impact Statement assessment to determine if site based prevocational services are consistent 1. Statutory Authority: with the individual’s habilitation plan, and prevocational services are a. OPWDD has the statutory responsibility to provide and encourage needed to prepare the individual for competitive employment. The annual the provision of appropriate programs, supports, and services in the areas assessment must be done in a form and format prescribed by OPWDD. of care, treatment, habilitation, rehabilitation, and other education and The regulations clarify what community based prevocational services training of persons with intellectual and developmental disabilities, as are, describes the skills that community based prevocational services are stated in the New York State (NYS) Mental Hygiene Law Section 13.07. intended to teach, and provide examples of what community based b. OPWDD has the authority to adopt rules and regulations necessary prevocational services can include. and proper to implement any matter under its jurisdiction as stated in the The regulations add staff training time as an allowable service. NYS Mental Hygiene Law Section 13.09(b). The regulations specify that to participate in paid community based c. OPWDD has the statutory authority to adopt regulations concerned prevocational services, the individual must have a demonstrated or as- with the operation of programs and the provision of services, as stated in sessed earning capacity relative to the prevocational task(s) involved of the NYS Mental Hygiene Law Section 16.00. less than 50 percent of the current state minimum wage, federal minimum 2. Legislative Objectives: The regulations further legislative objectives wage, or prevailing wage and be expected to have such an earning capa- embodied in sections 13.07, 13.09(b), 16.00 and 16.05 of the Mental city while participating in prevocational services. Hygiene Law. The regulations specify what site-based and community- The regulations add language that allows providers to bill for com- based services are, establishes guidelines for when an individual can be munity prevocational services delivered on behalf of an individual while paid less than federal/state minimum wage, provides an exception to the the individual is in another Medicaid service. group size available under community-based prevocational services, and The regulations specify that community based prevocational services requires providers to conduct an annual assessment. must be provided in the most integrated setting appropriate to the needs of 3. Needs and Benefits: The regulations amend 14 NYCRR Part 635- the individual receiving such services. 10.4 by identifying what site-based and community-based services are and The regulations specify that community based prevocational services by providing examples for the type of activities included under each ser- may not be provided in OPWDD certified space. However, certified set- vice, and amends 14 NYCRR Part 635-10.5 by clarifying reimbursement tings may be used for any combination of activities that provide time requirements. limited job readiness training and/or identify prevocational activities for The regulations in 635-10.4 establish guidelines for when an individual the day. Activities must not exceed 2 hours per day. can be paid less than minimum wage for site-based and community-based The regulations specify that certified settings may be used for any services. combination of activities that provide services at the site when there is a The regulations in 635-10.4 requires providers to conduct an annual as- significant circumstance in which service delivery in the community may sessment to determine if the prevocational service is consistent with the jeopardize the health and safety of individuals as determined and individual’s habilitation plan and is needed to prepare the individual for documented by the provider agency administration or with prior approval competitive employment. from OPWDD based on the best interests of the individual(s). The regulations provide a timeframe for when site-based prevocational The regulations specify that groups of individuals receiving site-based services must be provided at a site-based prevocational services site. and community prevocational services are limited to a maximum of 8 The regulations add language that allows providers to bill for com- individuals per group. However, group size may be increased to a munity prevocational services delivered on behalf of an individual while maximum of 15 individuals if granted OPWDD approval and are busi- the individual is in another Medicaid service. nesses that were previously work centers or sheltered workshops that have The regulations provide an exception that allows site based prevoca- an OPWDD approved workshop transformation plan and meet the integra- tional services to be delivered in a non-certified site when conducting the tion standards as outlined in the transformation plan, or are businesses that required annual assessment. were not previously work centers or sheltered workshops. In addition, the regulations provide an exception to the number of The regulations specify that OPWDD approval of an increased group individuals allowed in a group for community-based and site-based size will expire within 24 months of issuance. Requests for renewals must prevocational services. be submitted in a format prescribed by OPWDD. The renewal request 4. Costs: must include an assessment of the individual’s continued need to receive a. Costs to the Agency and to the State and its local governments: There prevocational services in a group size greater than eight individuals. is no anticipated impact on Medicaid expenditures as a result of the The regulations require the service provider to maintain documentation regulations. The regulations specify what site-based and community-based of OPWDD’s approval (and renewal) to increase group size to more than 8 services are, establishes guidelines for when an individual can be paid less individuals. than federal/state minimum wage, provides an exception to the group size The regulations require the service provider to conduct an annual as- available under community-based prevocational services, and requires sessment to determine whether community based prevocational services providers to conduct an annual assessment. Consequently, there are no are consistent with the individual’s habilitation plan and are needed to anticipated costs for the State in its role of paying for Medicaid costs. prepare the individual for competitive employment. The annual assess- These regulations will not have any fiscal impact on local governments, ment must be done in a form and format prescribed by OPWDD. as the contribution of local governments to Medicaid has been capped. The regulations specify that the four-hour program day must include at Chapter 58 of the Laws of 2005 places a cap on the local share of Medicaid least two face-to-face services, and may also include non-face-to-face costs and local governments are already paying for Medicaid at the capped services. level. The regulations specify that the two-hour program day must consist of There are no anticipated costs to OPWDD in its role as a provider of least one face-to-face service, and may also include non-face-to-face services to comply with the new requirements. services. b. Costs to private regulated parties: OPWDD expects that the costs to The regulations specify that when there is a break in the service delivery ensure compliance with the regulation will be minimal and absorbed with during a single day the service provider must combine, for billing the site-based and community-based services reimbursement. purposes, the duration of periods or sessions of service. Rounding up is 5. Local Government Mandates: There are no new requirements permitted for services 10 minutes or more when billing for imposed by the rule on any county, city, town, village; or school, fire, or reimbursements. other special district. 6. Paperwork: Providers will experience a minimal increase in paper- This notice is intended to serve only as a notice of emergency adoption. work as a result of the regulations. The regulations will require providers This agency intends to adopt the provisions of this emergency rule as a to conduct an annual assessment to determine if the prevocational service permanent rule, having previously submitted to the Department of State a is consistent with the individual’s habilitation plan and is needed to prepare notice of proposed rule making, I.D. No. PDD-51-17-00006-EP, Issue of the individual for competitive employment. December 20, 2017. The emergency rule will expire October 13, 2018. 7. Duplication: The regulations do not duplicate any existing State or Text of rule and any required statements and analyses may be obtained Federal requirements on this topic. from: Office of Counsel, Bureau of Policy and Regulatory Affairs, Office 8. Alternatives: OPWDD did not consider any other alternatives to the for People With Developmental Disabilities (OPWDD), 44 Holland Ave- regulations. The regulations are necessary to specify what site-based and nue, 3rd Floor, Albany, NY 12229, (518) 474-7700, email: community-based services are and to clarify reimbursement requirements. [email protected] 9. Federal Standards: The amendments do not exceed any minimum Additional matter required by statute: Pursuant to the requirements of the standards of the federal government for the same or similar subject areas. State Environmental Quality Review Act, OPWDD, as lead agency, has 10. Compliance Schedule: OPWDD is planning to adopt the amend-

11 Rule Making Activities NYS Register/September 5, 2018 ments as soon as possible within the timeframes mandated by the State while the individual is in another Medicaid service, and requires providers Administrative Procedure Act. Providers will have one year from the ef- to conduct an annual assessment. fective date of this regulation to have site-based prevocational services at 2. Compliance Requirements: The amendments will impose some ad- a site-based prevocational services site. The regulations were discussed ditional compliance requirements on providers. OPWDD requires provid- with and reviewed by representatives of providers in advance of this ers to conduct an annual assessment to determine if the prevocational ser- proposal. Additionally, OPWDD will be mailing a notice of the amend- vice is consistent with the individual’s habilitation plan and is needed to ments to providers in advance of the effective date. prepare the individual for competitive employment. Regulatory Flexibility Analysis The amendments will have no effect on local governments. 1. Effect on Small Businesses: OPWDD has determined, through a 3. Professional Services: The amendments will have no effect on profes- review of the certified cost reports, that many OPWDD-funded services sional services. are provided by not-for-profit agencies which employ more than 100 4. Compliance Costs: OPWDD expects the compliance costs to conduct people. Smaller agencies that employ fewer than 100 employees are clas- an annual assessment will be minimal because it is conducted once a year sified as small businesses. OPWDD is unable to estimate the number of and can be satisfied with existing staff. agencies that may be considered to be small businesses. 5. Minimizing Adverse Impact: The purpose of these amendments is to The amendments have been reviewed by OPWDD in light of their specify what site-based and community-based services are, establish impact on small businesses. The regulations specify what site-based and guidelines for when an individual can be paid less than federal/state mini- community-based services are, establishes guidelines for when an individ- mum wage, provide an exception to the group size available under ual can be paid less than federal/state minimum wage, provides an excep- community-based prevocational services, add language that allows provid- tion to the group size available under site-based and community-based ers to bill for site-based and community prevocational services delivered prevocational services, add language that allows providers to bill for com- on behalf of an individual while the individual is in another Medicaid ser- munity prevocational services delivered on behalf of an individual while vice, and require providers to conduct an annual assessment. The amend- the individual is in another Medicaid service, and requires providers to ments will result in costs to providers, including providers in rural areas. conduct an annual assessment. However, OPWDD does not expect that such costs will result in an adverse 2. Compliance Requirements: The amendments will impose some ad- impact to providers as the costs will be minimal. ditional compliance requirements on providers. OPWDD requires provid- OPWDD has reviewed and considered the approaches for minimizing ers to conduct an annual assessment to determine if the prevocational ser- adverse impact as suggested in section 202-bb(2)(b) of the State Adminis- vice is consistent with the individual’s habilitation plan and is needed to trative Procedure Act (SAPA). However, since the annual assessment is prepare the individual for competitive employment. needed to ensure prevocational services are consistent with individual’s The amendments will have no effect on local governments. habilitation plans and prepares the individuals for competitive employ- 3. Professional Services: The amendments will have no effect on profes- ment, OPWDD did not establish different compliance, reporting require- sional services. ments, or timetables on providers in rural areas or local governments or 4. Compliance Costs: OPWDD expects the compliance costs to conduct exempt providers in rural areas or local governments from these require- an annual assessment will be minimal because it is conducted once a year ments and timetables. and can be satisfied with existing staff. 6. Initial Review of the Rule, Pursuant to SAPA § 207 as Amended by 5. Economic and Technological Feasibility: The amendments do not L. 2012, ch. 462: The regulations were discussed with and reviewed by impose the use of any new technological processes on regulated parties. representatives of providers, including some in rural areas, in advance of 6. Minimizing Adverse Impact: The purpose of these amendments is to this proposal. OPWDD also plans to inform all providers, including specify what site-based and community-based services are, establish providers in rural areas, of the amendments in advance of their scheduled guidelines for when an individual can be paid less than federal/state mini- effective date. mum wage, provide an exception to the group size available under site- Job Impact Statement based ad community-based prevocational services, add language that al- A Job Impact Statement for the amendments is not being submitted lows providers to bill for community prevocational services delivered on because it is apparent from the nature and purposes of the amendments behalf of an individual while the individual is in another Medicaid service, that they will not have a substantial adverse impact on jobs and/or employ- and require providers to conduct an annual assessment. The amendments ment opportunities. will result in costs to providers, including providers that are small The purpose of these amendments is to specify what site-based and businesses. However, OPWDD does not expect that such costs will result community-based services are, establish guidelines for when an individual in an adverse impact to providers because costs will be minimal. can be paid less than federal/state minimum wage, provide an exception to OPWDD has reviewed and considered the approaches for minimizing the group size available under site-based and community-based prevoca- adverse impacts as suggested in section 202-bb(2)(b) of the State tional services, add language that allows providers to bill for community Administrative Procedure Act (SAPA). However, since the annual assess- prevocational services delivered on behalf of an individual while the indi- ment is needed to ensure prevocational services are consistent with individual is in another Medicaid service, and require providers to conduct an vidual’s habilitation plans and prepares individuals for competitive annual assessment. The amendments will not result in staffing costs, and employment, OPWDD did not establish different compliance, reporting compliance requirements for providers are minimal. Consequently, the requirements or timetables from these requirements and timetables on amendments will not have a substantial impact on jobs or employment op- small businesses or exempt providers that are small businesses. portunities in New York State. 7. Small Business Participation: The regulations were discussed with Assessment of Public Comment and reviewed by representatives of providers, some being small busi- Comment: A commenter stated that in 635-10.4(c)(3), the only way to nesses, in advance of this proposal. OPWDD also plans to inform all know if an individual is unable to retain employment is if they have tried providers, including small business providers, of the amendments in and failed. The commenter suggests changing the language to “believed to advance of their scheduled effective date. be unable to retain competitive employment” or “likely unable to obtain or Rural Area Flexibility Analysis maintain competitive employment due to nature of the disability.” 1. Types and Estimated Numbers of Rural Areas: 44 counties have a Response: The comment has been considered and the language has been population of less than 200,000: Allegany, Cattaraugus, Cayuga, Chautau- changed to reflect this comment. qua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Comment: A commenter questions whether an assessment is required if Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, a person moves into semp/etp prior to the 1year anniversary of the Livingston, Madison, Montgomery, Ontario, Orleans, Oswego, Otsego, Prevocational service effective date. Putnam, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Response: Yes, an assessment is required. Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Comment: A commenter states that utilizing a greater number of busi- Washington, Wayne, Wyoming and Yates. 9 counties with certain town- ness staff (specifically Production Supervisors) to deliver services to only ships have a population density of 150 persons or less per square mile: eight people will hinder our ability to maintain an integration level of 41- Albany, Broome, Dutchess, Erie, Monroe, Niagara, Oneida, Onondaga 75% of our workforce being people with I/DD in accordance with Busi- and Orange. ness Model #2 of the Workshop Transformation Proposal. In addition, the The amendments have been reviewed by OPWDD in light of their commenter states that they will need to hire more employees in order to be impact on entities in rural areas. The regulations specify what site-based able to fulfill the one: eight delivery requirement. and community based services are, establishes guidelines for when an in- Response: We have considered this comment and will not be changing dividual can be paid less than federal/state minimum wage, provides an the text. exception to the group size available under site-based and community Comment: A commenter stated that it would be best to make the list of based prevocational services, add language that allows providers to bill allowable services to be the same for Site-Based and Community-Based for community prevocational services delivered on behalf of an individual Prevocational services.

12 NYS Register/September 5, 2018 Rule Making Activities

Response: We have considered this comment and will not be changing Finding of necessity for emergency rule: Preservation of public health, the text. public safety and general welfare. Comment: A commenter suggests changing 14 NYCRR 635- Specific reasons underlying the finding of necessity: The emergency 5(AH)(7)(iii) to read ‘‘Allowable Community Based Prevocational ser- adoption of amendments that allow individuals to be enrolled into the vices including but not limited to actual development of community based Medicare Prescription Drug Plans and Fully Integrated Duals Advantage experiences provided without the individual present may be delivered Plans for Individuals with Intellectual and Developmental Disabilities when the individual is simultaneously receiving another direct Medicaid (FIDA-IDD) plan, through certain parties, in situations where there is no service.’’ other person to make that election for them, is necessary to protect the Response: We have considered this comment and will not be changing health, safety, and welfare of individuals who are eligible to receive the text. enhanced care coordination services in the OPWDD system. FIDA-IDD Comment: A commenter suggests adding ‘‘whichever is required by ap- plans provide enhanced care coordination for individuals who need plicable Federal laws and regulations’’ after the term prevailing wage 14 NYCRR Section 635-10.4(c)(5), coordination of both Medicare health benefits and developmental disabil- Response: We have considered this comment and will not be changing ity services funded by Medicaid. Persons who are unable to enroll the text. themselves in a FIDA-IDD plan will be unfairly precluded from participa- Comment: Commenters suggest removing the 50 percent capacity tion in this dual care coordination program. requirement because there are individuals with documented and assessed The emergency amendments amend Title 14 NYCRR Subpart 635-11 earning capacity of over 50 percent who are unable to retain competitive to allow individuals, who lack capacity and a guardian, the ability to be employment without significant prevocational or job readiness services, enrolled in FIDA-IDD plans. The regulations must be filed on an emer- who would choose and be best served in a site based prevocational gency basis to ensure that individuals eligible for FIDA-IDD plans are not program. unfairly precluded from participation in cross-system care coordination Response: This comment has been reviewed and the CMS approved that will meet their needs. HCBS Waiver definition remains unchanged. Subject: Enrollment in Medicare Prescription Drug Plans and Fully Comment: A commenter states that OPWDD lacks authority to impose Integrated Duals Advantage Plans for IDD. restrictions on the number of individuals receiving Prevocational Services in a group setting or the number of groups in a location. Purpose: To allow individuals to be enrolled in a FIDA-IDD plan when Response: Mental Hygiene Law provides the Commissioner with individuals are unable to enroll themselves. authority to establish policies and procedures to assure the development of Substance of emergency rule (Full text is posted at the following State comprehensive plans, programs and services for individuals with develop- website: https://opwdd.ny.gov/regulations_guidance/ mental disabilities. opwdd_regulations/emergency): OPWDD’s regulations allow individuals Comment: A commenter states that the biannual documentation of the to be enrolled into the Medicare Prescription Drug Plans and Fully need to provide Prevocational services in groups of eight (8) or less and in Integrated Duals Advantage Plans for Individuals with Intellectual and more than one location is time consuming, costly, unnecessary and an Developmental Disabilities (FIDA-IDD) plan, through certain parties, in unreimbursed expense for Providers. situations where there is no other person to make that election for them, is Response: Documentation is not required when providing Prevocational necessary to protect the health, safety, and welfare of individuals who are Services to groups of eight individuals or less. eligible to receive enhanced care coordination services in the OPWDD Comment: A commenter suggests that the regulations permit annual as- system. sessments for individuals engaged in Site based prevocational services, The regulations specify rules concerning who can enroll beneficiaries which are delivered in a certified setting to be completed in the community or individuals in a Medicare Part D prescription drug plan or in a Medicare in a non-certified site. Advantage plan with prescription drug coverage and who can pursue Response: Annual assessments for individuals in Site Based Prevoca- grievances, complaints, exceptions and appeals in such plans. tional Services must be completed at a non-certified site. The regulations specify that a complaint can be submitted to the quality Comment: A commenter suggests removing allowable services, in 635- improvement organization or to federal or state government regulatory 10.4(l)(2), that duplicate each other. agencies. Response: The language has been changed to reflect this comment. The regulations specify the definition of “act in the FIDA-IDD plan Comment A commenter stated that restriction to only allow one group review process.” of eight people per location for Community Based Prevocational services The regulations add the definitions of enroll and enrollment, FIDA-IDD should be clarified to read that, “only one group at the same time” per lo- and FIDA-IDD plan, party, and PDP. cation is allowed. Some providers use a location for more than one group The regulations specify that for the purposes of this section only, if the in shifts and we assume that this is allowable but not clear as currently person’s residential facility is operated by OPWDD, the CEO of the written. agency is the director of the DDSOO that operates the residential facility. Response: The language has been changed to reflect this comment. The regulations specify that if a CEO or designee enrolls a person into a Comment: A commenter states that travel training should be an allow- PDP, he or she shall give written notice to, among others, the person’s able activity in both Site and Community Based Prevocational services to Medicaid service coordinator or other person identified as that person’s maximize effectiveness and independence for program participants. care coordinator. Response: Travel training is only permitted for Community Based The regulations specify that if the agency or sponsoring agency does Prevocational Services. not agree with the request for a different PDP, the agency or sponsoring Comment: A commenter states that other trainings, mandated and/or agency shall, among other things, inform the advocate or correspondent approved by OPWDD, should also be listed as an allowable activity along that he or she may appeal directly to the OPWDD Commissioner. with OPWDD Innovations Training. The regulations create a new Section that deals with the FIDA-IDD Response: This comment has been considered, and only OPWDD In- enrollment and reviews for persons residing in a residential facility oper- novations Trainings are an allowable activity. ated or certified by OPWDD or a family care home and a new section that deals with FIDA-IDD Plan enrollment and reviews for persons not resid- EMERGENCY ing in a residential facility or family care home. RULE MAKING The regulations specify that a person may enroll himself or herself into a FIDA-IDD Plan or appoint another party to enroll him or her. A person Enrollment in Medicare Prescription Drug Plans and Fully may act in the FIDA-IDD review process for himself or herself or appoint Integrated Duals Advantage Plans for IDD another party to act in the FIDA-IDD review process for him or her. The regulations specify that if a person lacks the ability to choose a I.D. No. PDD-07-18-00001-E FIDA-IDD plan or act in the FIDA-IDD review process, a guardian law- Filing No. 821 fully empowered to enroll a person in a FIDA-IDD plan may enroll the person in a FIDA-IDD Plan or appoint another party to enroll the person. Filing Date: 2018-08-17 The regulations specify that if an appointed party or guardian is unwill- Effective Date: 2018-08-17 ing or unavailable to enroll the person or act in the FIDA-IDD review process then an actively involved spouse, an actively involved parent, an PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- actively involved adult child, an actively involved adult sibling, an actively cedure Act, NOTICE is hereby given of the following action: involved adult family member, or the Consumer Advisory Board for the Willowbrook Class (but only for members of the Willowbrook Class) may Action taken: Amendment of Subpart 635-11 of Title 14 NYCRR. act in the FIDA-IDD review process or appoint another party to act in the Statutory authority: Mental Hygiene Law, sections 13.07, 13.09(b), FIDA-IDD review process. 13.15(a) and 16.00 The regulations specify that if the person resides in a residential facility

13 Rule Making Activities NYS Register/September 5, 2018 the chief executive officer (CEO) of the agency operating the person’s res- nosis, examination, care treatment, rehabilitation, training, and research idential facility or sponsoring the family care home, or designee of the for the benefit of individuals with developmental disabilities and has the CEO, may enroll the person or act in the FIDA-IDD review process. If the authority to take all actions necessary, desirable, or proper to implement person does not reside in a residential facility, the CEO (or designee) of the purposes of the Mental Hygiene Law and to carry out the purposes and the agency providing service coordination for the person, may enroll the objectives of OPWDD within available funding, as stated in the NYS person or act in the FIDA-IDD review process. If the CEO enrolls the Mental Hygiene Law Section 13.15(a). person in the FIDA-IDD plan or acts in the FIDA-IDD review process, he d. OPWDD has the statutory authority to adopt regulations concerned or she shall give written notice of such enrollment to the person’s corre- with the operation of programs and the provision of services, as stated in spondent or advocate, the person’s Medicaid service coordinator, or other the NYS Mental Hygiene Law Section 16.00. person identified as that person’s care coordinator, or the director for the 2. Legislative Objectives: The regulations further legislative objectives region encompassing the person’s residence. embodied in sections 13.07, 13.09(b), 13.15(a) and 16.00 of the Mental The regulations create a new Section that deals with other responsibili- Hygiene Law. The regulations authorize certain parties to enroll individu- ties and rights of agencies and sponsoring agencies regarding PDP enroll- als in the Medicare Prescription Drug Plans and Fully Integrated Duals ment and reviews. Advantage Plans for Individuals with Intellectual and Developmental Dis- The regulations specify that no CEO, officer, designee, or employee of abilities (FIDA-IDD) when the individuals lack capacity to enroll an agency or sponsoring agency shall solicit, accept or receive from a themselves. FIDA-IDD plans provide enhanced care coordination for PDP, pharmacy or contractor of a PDP or pharmacy, for personal use or individuals who need coordination of both Medicare health benefits and benefit any payment, discount, or other remuneration in consideration of, Medicaid developmental disability services. or as a result of, enrolling the person in a PDP. 3. Needs and Benefits: Regulations amend Title 14 NYCRR Part 635-11 The regulations specify that no CEO, officer, designee, or employee of to allow individuals to be enrolled in a FIDA-IDD plan, through certain an agency or sponsoring agency shall charge, accept or receive payment parties, in situations where there is no other to make that election for them, from the person, family, or anyone else for enrolling the person in a PDP, such as lack of a guardian or incapacity. Without such action, individuals providing advice and assistance in choosing a PDP or for acting for the would not have the opportunity to enroll in this program. person in the Part D review process. The regulations also make ministerial amendments to the Part D enroll- The regulations specify that when a CEO or designee is acting in the ment and review process to capture OPWDD’s current organizational Part D review process, the CEO or designee may appoint a party outside structure. of the agency to act in the Part D review process for the person. The regulations in 635-11.4 pertain to individuals who reside in a resi- The regulations specify that when a CEO or designee enrolls a person dential facility operated or certified by OPWDD, or a family care home. he or she shall choose a PDP based on the best interests of the person. That section would allow a surrogate to enroll an individual in a FIDA- The regulations create a new Section that deals with other responsibili- IDD plan or to participate in the FIDA-IDD plan review process, if that in- ties and rights of CEOs and DDSOO and DDRO directors or designees dividual did not have the capacity to enroll himself or herself. The section regarding FIDA-IDD plan enrollment and reviews. sets forth a hierarchy of individuals that may serve as a surrogate for these The regulations specify that no CEO, DDRO or DDSOO director or purposes, which includes an actively involved spouse, parent, adult child, designee shall solicit, accept or receive from a FIDA-IDD plan operator, adult sibling, adult family member or the Consumer Advisory Board for or an agent of the plan, for person use or benefit any payment, discount or the Willowbrook Class (but only for members of the Willowbrook Class). other remuneration in consideration of, or as a result of, enrolling the In all other situations, the CEO of the agency that operates the individual’s person in a FIDA-IDD plan. residence may enroll an individual and act on their behalf in the FIDA- The regulations specify that no CEO, DDRO or DDSOO director or IDD plan review process. For individuals residing in a facility operated by designee shall charge, accept or receive payment from the person, family OPWDD, the CEO of the agency is deemed to be the director of the or anyone else for enrolling the person in a FIDA-IDD plan, for providing Developmental Disabilities State Operations Office that encompasses the advice, and assistance in choosing a FIDA-IDD plan or for acting for the location of the residence. This section also places notification require- person in the FIDA-IDD review process. ments on a CEO that enrolls an individual in a FIDA-IDD plan. The regulations specify that when a CEO, or DDRO or DDSOO direc- The regulations in 635-11.5 pertains to those individuals not residing in tor is acting in the FIDA-IDD review process for a person, the director or an OPWDD-certified or operated residential facility or family care home. designee may appoint a party outside of the agency to act in the FIDA- That section would also allow a surrogate to enroll an individual in a IDD review process for the person. FIDA-IDD plan or to participate in the FIDA-IDD plan review process, if The regulations specify that when a CEO, or DDRO or DDSOO direc- that individual did not have the capacity to enroll himself or herself. The tor or designee enrolls a person in a FIDA-IDD plan or acts in the FIDA- section sets forth a hierarchy of individuals that may serve as a surrogate IDD review process for a person he or she shall act based on the best for these purposes, which includes an actively involved spouse, parent, interests of the person. adult child, adult sibling, adult family member, or the Consumer Advisory The regulations specify nothing in this Subpart shall diminish or remove Board for the Willowbrook Class (but only for members of the Wil- the authority of a physician to request a coverage determination or an lowbrook Class). In all other situations, the CEO of the agency that expedited redetermination on behalf of a beneficiary. provides service coordination for the individual may enroll an individual This notice is intended to serve only as a notice of emergency adoption. and act on their behalf in the FIDA-IDD plan review process. This section This agency intends to adopt the provisions of this emergency rule as a would also impose notification requirements when a CEO enrolled an in- permanent rule, having previously submitted to the Department of State a dividual in a FIDA-IDD plan. notice of proposed rule making, I.D. No. PDD-07-18-00001-EP, Issue of The regulations in 635-11.7 adds rights and responsibilities of CEOs, February 14, 2018. The emergency rule will expire October 15, 2018. DDSOO and DDRO directors and designees regarding FIDA-IDD plan enrollment and reviews. Text of rule and any required statements and analyses may be obtained The regulations correct a mistake in 635-11.2 that allowed the DDSOO from: Office of Counsel, Bureau of Policy and Regulatory Affairs, Office director, when exercising a review function for a beneficiary in a PDP, to for People With Developmental Disabilities (OPWDD), 44 Holland Ave., appeal to himself or herself under certain circumstances. The regulation 3rd Floor, Albany, NY 12229, (518) 474-7700, email: has been amended to allow the individual to appeal directly to the OPWDD [email protected] Commissioner. The regulation also permits the appointment of an individ- Additional matter required by statute: Pursuant to the requirements of the ual outside the agency to conduct the appeal. State Environmental Quality Review Act, OPWDD, as lead agency, has The regulations permit the Consumer Advisory Board, Willowbrook determined that the action described herein will have no effect on the Class to make enrollment decisions and act in plan review processes for environment and an E.I.S. is not needed. all Willowbrook class members according to the process described in the Regulatory Impact Statement regulation, as a last resort prior to defaulting to enrollment by the ap- 1. Statutory Authority: plicable CEO. a. OPWDD has the statutory responsibility to provide and encourage 4. Costs: the provision of appropriate programs, supports, and services in the areas a. Costs to the Agency and to the State and its local governments: There of care, treatment, habilitation, rehabilitation, and other education and is no anticipated impact on Medicaid expenditures as a result of the training of persons with developmental disabilities, as stated in the New regulations. The regulations merely allow individuals to be enrolled in a York State (NYS) Mental Hygiene Law Section 13.07. FIDA-IDD plan, through certain parties, in situations where there is no b. OPWDD has the authority to adopt rules and regulations necessary other to make that election for them, such as lack of a guardian or and proper to implement any matter under its jurisdiction as stated in the incapacity. NYS Mental Hygiene Law Section 13.09(b). These regulations will not have any fiscal impact on local governments, c. OPWDD has the authority to plan, promote, establish, develop, coor- as the contribution of local governments to Medicaid has been capped. dinate, evaluate, and conduct programs and services for prevention, diag- Chapter 58 of the Laws of 2005 places a cap on the local share of Medicaid

14 NYS Register/September 5, 2018 Rule Making Activities costs and local governments are already paying for Medicaid at the capped level. There are no anticipated costs to OPWDD in its role as a provider of Public Service Commission services to comply with the new requirements. The regulations may result in cost savings because individuals affected by the regulations will not PROPOSED RULE MAKING have to seek guardianship to participate in the FIDA-IDD plan. b. Costs to private regulated parties: There are no anticipated costs to NO HEARING(S) SCHEDULED regulated providers to comply with the regulations. The amendments merely allow individuals to be enrolled in a FIDA plan, through certain Update of Revenue Targets parties, in situations where there is no other to make that election for them, I.D. No. PSC-36-18-00004-P such as lack of a guardian or incapacity. 5. Local Government Mandates: There are no new requirements imposed by the rule on any county, city, town, village; or school, fire, or PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following proposed rule: other special district. 6. Paperwork: Providers will not experience an increase in paperwork Proposed Action: The Commission is considering whether to update the revenue targets in the revenue reconciliation mechanism of New York as a result of the regulations. American Water, Inc. (NYAW) to account for changes in property tax 7. Duplication: The regulations do not duplicate any existing State or targets. Federal requirements on this topic. Statutory authority: Public Service Law, section 89 8. Alternatives: OPWDD did not consider any other alternatives to the regulations. The regulations are necessary to allow individuals to be Subject: Update of revenue targets. enrolled in a FIDA plan, through certain parties, in situations where there Purpose: To update NYAW’s revenue targets and make required balanc- is no other to make that election for them, such as lack of a guardian or ing revisions to account for changes to the property tax targets. incapacity. Substance of proposed rule: The Public Service Commission (Commis- sion) is considering updating the revenue targets of New York American 9. Federal Standards: The amendments do not exceed any minimum Water, Inc. (NYAW or the Company) in the Company’s revenue reconcili- standards of the federal government for the same or similar subject areas. ation mechanism, which was approved in the Order Establishing Rates for 10. Compliance Schedule: OPWDD is planning to adopt the amend- Water Service and issued on May 18, 2017 in Case 16-W-0259 (May 18th ments as soon as possible within the timeframes mandated by the State Order). On August 9, 2018 the Commission issued an Order Determining Administrative Procedure Act. The regulations were discussed with and the Amount and Method for Reparations, revising the property tax targets, reviewed by representatives of providers in advance of this proposal. among other things (August 9th Order). The revised property tax targets OPWDD expects that providers will be in compliance with the require- set by the Commission in the August 9th Order correctly reflect the ments at the time of their effective date. Company’s property taxes, and correct erroneous information previously provided by NYAW, that overstated property tax target amounts because Regulatory Flexibility Analysis they are based on the erroneous property assessments. Absent revisions to A regulatory flexibility analysis for small businesses and local govern- the revenue targets, under the May 18th Order, the Company could collect ments is not being submitted because these amendments will not impose the overstated, erroneous property tax amounts. Therefore, the Company’s any adverse economic impact or reporting, record keeping or other compli- revenue targets need to be adjusted accordingly to ensure that it collects ance requirements on small businesses. There are no professional services, the correct – and lower – property tax target amounts established by the capital, or other compliance costs imposed on small businesses as a result Commission in the August 9th Order. The full record of the proceeding of these amendments. may be reviewed online at the Department of Public Service web page: The regulations amend Title 14 NYCRR Subpart 635-11 to allow www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole individuals to be enrolled in a FIDA-IDD plan, through certain parties, in or in part, the action proposed and may resolve related matters. situations where there is no other person to make that election for them, Text of proposed rule and any required statements and analyses may be such as lack of a guardian or incapacity. The amendments will not result in obtained by filing a Document Request Form (F-96) located on our costs or new compliance requirements for regulated parties and conse- website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John quently, the amendments will not have any adverse effects on providers of Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New small business and local governments. York 12223-1350, (518) 486-2655, email: [email protected] Rural Area Flexibility Analysis Data, views or arguments may be submitted to: Kathleen H. Burgess, A Rural Area Flexibility Analysis for these amendments is not being Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New submitted because the amendments will not impose any adverse impact or York 12223-1350, (518) 474-6530, email: [email protected] significant reporting, record keeping or other compliance requirements on Public comment will be received until: 60 days after publication of this public or private entities in rural areas. There are no professional services, notice. capital, or other compliance costs imposed on public or private entities in Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural rural areas as a result of the amendments. Area Flexibility Analysis and Job Impact Statement The regulations amend Title 14 NYCRR Subpart 635-11 to allow Statements and analyses are not submitted with this notice because the individuals to be enrolled in a FIDA-IDD plan, through certain parties, in proposed rule is within the definition contained in section 102(2)(a)(ii) of situations where there is no other person to make that election for them, the State Administrative Procedure Act. such as lack of a guardian or incapacity. OPWDD expects that providers (16-W-0259SP6) will be in compliance with the requirements at the time of their effective date. The amendments will not result in costs or new compliance require- PROPOSED RULE MAKING ments for regulated parties and consequently, the amendments will not NO HEARING(S) SCHEDULED have any adverse effects on providers in rural areas and local governments. Job Impact Statement Permanent Operator of Gas Wells and Certain Gas Facilities A Job Impact Statement for the amendments is not being submitted because it is apparent from the nature and purposes of the amendments I.D. No. PSC-36-18-00005-P that they will not have a substantial adverse impact on jobs and/or employment opportunities. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- The regulations amend Title 14 NYCRR Subpart 635-11 to allow cedure Act, NOTICE is hereby given of the following proposed rule: individuals to be enrolled in a FIDA-IDD plan, through certain parties, in situations where there is no other person to make that election for them, Proposed Action: The Commission is considering a petition filed by such as lack of a guardian or incapacity. The amendments will not result in Reserve Gas Company, Inc. to be appointed permanent operator of 22 gas costs, including staffing costs, or new compliance requirements for provid- wells and specific portions of pipeline belonging to New York Gas & Oil ers and consequently, the amendments will not have a substantial impact et al. on jobs or employment opportunities in New York State. Statutory authority: Public Service Law, sections 65 and 66 Assessment of Public Comment Subject: Permanent operator of gas wells and certain gas facilities. The agency received no public comment since publication of the last as- Purpose: To resolve ownership of overlapping gas facilities associated sessment of public comment. with wells transferred to two gas companies.

15 Rule Making Activities NYS Register/September 5, 2018

Substance of proposed rule: The Commission is considering a petition Text of proposed rule and any required statements and analyses may be filed by Reserve Gas Company, Inc., (Reserve) on August 10, 2018, to be obtained by filing a Document Request Form (F-96) located on our appointed permanent operator of 22 gas wells and specific portions of website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John pipeline belonging to New York Gas & Oil, Inc., Northern Gas Well Opera- Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New tors, Inc., and First Medina Gas Properties, LLC (Petition). Also, on August 10, 2018, the Commission issued an Order Approving Settlement York 12223-1350, (518) 486-2655, email: [email protected] Agreement and Transferring Gas Facilities, that approved the transfer of Data, views or arguments may be submitted to: Kathleen H. Burgess, 22 wells and their associated gas facilities (gas pipe) from their previous Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New owner, New York Gas & Oil et al. (NYGO) to Reserve. Contemporaneous York 12223-1350, (518) 474-6530, email: [email protected] with NYGO’s transfer of the 22 wells to Reserve, NYGO sold 64 other wells and associated gas facilities to another well operator, PPP Future Public comment will be received until: 60 days after publication of this Development (PPP). Neither of those two agreements specifies or maps notice. the associated gas facilities for any of the collective 86 wells. The associ- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural ated gas facilities for five of the 86 wells, however - four owned by PPP Area Flexibility Analysis and Job Impact Statement and one owned by Reserve - overlap in that they are on the same piece of property at Darien Fun Country (Fun Country wells). In its petition, Statements and analyses are not submitted with this notice because the Reserve requests that the Commission make them permanent operator of proposed rule is within the definition contained in section 102(2)(a)(ii) of all the overlapping gas facilities attached to the five Fun Country wells the State Administrative Procedure Act. even though PPP owns four of the five wells. The full text of the petition (16-W-0259SP5) and the full record of the proceeding may be reviewed online at the Depart- ment of Public Service web page: www.dps.ny.gov. The Commission may PROPOSED RULE MAKING adopt, reject, or modify, in whole or in part, the action proposed and may resolve related matters. NO HEARING(S) SCHEDULED Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our PSC Regulation 16 NYCRR Section 86.3(a)(1) 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-36-18-00007-P York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] cedure Act, NOTICE is hereby given of the following proposed rule: Public comment will be received until: 60 days after publication of this Proposed Action: The Commission is considering a petition, filed by Eight notice. Point Wind, LLC, for a waiver of a certain provision of 16 NYCRR regard- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural ing requirements for applications under PSC Article VII for Certificates of Area Flexibility Analysis and Job Impact Statement Environmental Compatibility and Public Need. Statements and analyses are not submitted with this notice because the Statutory authority: Public Service Law, sections 4 and 122 proposed rule is within the definition contained in section 102(2)(a)(ii) of Subject: PSC regulation 16 NYCRR section 86.3(a)(1). the State Administrative Procedure Act. (16-G-0181SP3) Purpose: To consider a waiver of a certain regulation relating to the content of an application for transmission line siting. PROPOSED RULE MAKING Substance of proposed rule: The Public Service Commission is consider- NO HEARING(S) SCHEDULED ing a petition, filed by Eight Point Wind, LLC, (EPW) on July 31, 2018, for a waiver of certain requirements for the content of an application for Recording of Unbilled Revenue authority to construct and operate an electric transmission line pursuant to Public Service Law Article VII. EPW proposes to construct a new electric I.D. No. PSC-36-18-00006-P transmission line between a newly-proposed collection substation that would be located in Greenwood, New York, through the Town of Harts- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- ville, and interconnecting with the New York State Electric and Gas cedure Act, NOTICE is hereby given of the following proposed rule: Corporation (NYSEG) existing 115 kV Bennett substation in Hornellsville, Proposed Action: The Commission is considering a petition of New York New York.As part of the application process, EPW has moved for a waiver American Water, Inc. (NYAW) requesting authorization for an accounting of Commission regulation 16 NYCRR § 86.3(a)(1), which requires that an change to record and recognize residual unbilled revenue as revenue on its Article VII application include certain New York State Department of income statement. Transportation (DOT) topographic maps. Because such DOT maps are Statutory authority: Public Service Law, section 89 outdated and do not provide the required topographic information, EPW proposes to instead provide recent edition United States Geological Ser- Subject: Recording of unbilled revenue. vice (USGS) topographic mapping in connection with the Article VII Purpose: To correct revenue target discrepancies resulting from changes application. The full text of the petition and the full record of the proceed- in billing schedule and net billing days. ing may be reviewed online at the Department of Public Service web page: Substance of proposed rule: The Public Service Commission (Commis- www.dps.ny.gov. The Commission may adopt, reject or modify, in whole sion) is considering a petition filed by New York American Water, Inc. or in part, the action proposed and may resolve related matters. (NYAW or the Company) on April 19, 2018 requesting authorization for an accounting change to record and recognize residual unbilled revenue as Text of proposed rule and any required statements and analyses may be revenue on the income statement. Due to the switch from quarterly or bi- obtained by filing a Document Request Form (F-96) located on our monthly billing to monthly billing during Rate Year One (RY1), or the website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John twelve months ending March 31, 2018, the revenues collected in RY1 Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New include a portion of revenues realized prior to the beginning of the rate York 12223-1350, (518) 486-2655, email: [email protected] year under quarterly or bi-monthly billing. As a result, the Company Data, views or arguments may be submitted to: Kathleen H. Burgess, experienced a one-time increase for RY1 in billed days, with an offsetting Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New decrease in unbilled days. However, the revenue targets included in the York 12223-1350, (518) 474-6530, email: [email protected] reconciliation mechanism approved in the Order Establishing Rates for Water Service, issued May 18, 2017 in Case 16-W-0259, only reflected Public comment will be received until: 60 days after publication of this 365 bill days. The Company claims this increase in the actual billing days notice. and decrease in unbilled days (or net billing days) without a corresponding Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural adjustment in the revenue target for RY1 will understate or overstate Area Flexibility Analysis and Job Impact Statement revenues and, therefore, the revenue target should be adjusted accordingly. 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 reviewed online at the Department of Public Service web page: proposed rule is within the definition contained in section 102(2)(a)(ii) of www.dps.ny.gov. The Commission may adopt, reject, or modify, in whole the State Administrative Procedure Act. or in part, the action proposed and may resolve related matters. (18-T-0202SP1)

16 NYS Register/September 5, 2018 Rule Making Activities

Code (publication date: May 30, 2014, third printing) published by the International Code Council, Inc., as amended by the 2017 Uniform Code Department of State Supplement. (c) 2015 IEBC. The publication entitled 2015 International Existing Building Code (publication date: May 30, 2014, fifth printing) published PROPOSED RULE MAKING by the International Code Council, Inc., as amended by the 2017 Uniform HEARING(S) SCHEDULED Code Supplement. (d) 2017 Uniform Code Supplement. The publication entitled 2017 New York State Uniform Fire Prevention and Building Code (the Uniform Code Supplement published by the New York State Department of Uniform Code) State. (e) Approved. Acceptable to the code official or authority having I.D. No. DOS-36-18-00008-P jurisdiction. (f) Assembly Group A occupancy. An Assembly Group A occupancy as described in section 303 of the 2015 IBC. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- (g) Diaper changing station. A diaper changing station, deck, table, or cedure Act, NOTICE is hereby given of the following proposed rule: similar amenity that is in intended for use by the public for the purpose of Proposed Action: Amendment of section 1219.1; addition of Part 1229 to changing diapers on children weighing up to 50 pounds. Title 19 NYCRR. (h) Existing building. A building constructed before January 1, 2019. Statutory authority: Executive Law, sections 377 and 378 For the purposes of this Subpart, where a substantially complete applica- Subject: New York State Uniform Fire Prevention and Building Code (the tion for a permit for the original construction of a building has been Uniform Code). submitted to the authority having jurisdiction before January 1, 2019, Purpose: To amend the existing Uniform Code to add provisions for dia- such building shall be deemed to have been constructed before January 1, per changing stations in certain buildings. 2019 and, accordingly, shall be deemed to be an existing building. Public hearing(s) will be held at: 10:00 a.m., November 8, 2018 at (i) Historic building. Any building or structure that is one or more of Department of State, 99 Washington Ave., Rm. 505, Albany, NY. the following: Interpreter Service: Interpreter services will be made available to hearing (1) listed, or certified as eligible for listing, by the State Historic impaired persons, at no charge, upon written request submitted within rea- Preservation Officer or the Keeper of the National Register of Historic sonable time prior to the scheduled public hearing. The written request Places, in the National Register of Historic Places; must be addressed to the agency representative designated in the paragraph (2) designated as historic under an applicable state or local law; below. (3) certified as a contributing resource within a National Register, Accessibility: All public hearings have been scheduled at places reason- state designated or locally designated historic district. ably accessible to persons with a mobility impairment. (j) Level 2 or level 3 alteration. An “alteration” (as defined in the 2015 IEBC) that is either a level 2 alteration (as described in section 504 of the Text of proposed rule: Section 1219.1 of Part 1219 of Title 19 of the Of- ficial Compilation of Codes, Rules and Regulations of the State of New 2015 IEBC) or a level 3 alteration (as described in section 505 of the 2015 York is amended to read as follows: IEBC). Section 1219.1 Uniform Fire Prevention and Building Code (k) Mercantile Group M occupancy. A Mercantile Group M occupancy The Uniform Fire Prevention and Building Code (the Uniform Code) as described in section 309 of the 2015 IBC. includes Part 1220 (Residential Construction), Part 1221 (Building (l) Newly constructed building. A building constructed on or after Construction), Part 1222 (Plumbing Systems), Part 1223 (Mechanical January 1, 2019. For the purposes of this Subpart, where a substantially Systems), Part 1224 (Fuel Gas Equipment and Systems), Part 1225 (Fire complete application for a permit for the original construction of a build- Prevention), Part 1226 (Property Maintenance), Part 1227 (Existing Build- ing has been submitted to the authority having jurisdiction on or after ings), [and] Part 1228 (Sugarhouse Alternative Activity Provisions), and January 1, 2019, such building shall be deemed to have been constructed Part 1229 (Other Uniform Code Provisions) of this Title and the publica- on or after January 1, 2019 and, accordingly, shall be deemed to be a tions incorporated by reference into those Parts. newly constructed building. Title 19 of the Official Compilation of Codes, Rules and Regulations of (m) Public family or assisted-use toilet room. A family or assisted-use the State of New York is amended by adding a new Part 1229 to read as toilet room as described in section 1109 of the 2015 IBC that is intended follows: for use by customers and patrons of and visitors to an area classified as an Part 1229 Assembly Group A occupancy or Mercantile Group M occupancy. Other Uniform Code Provisions (n) Public toilet room. A room containing public toilet facilities intended Subpart 1229-1 for use by customers and patrons of and visitors to an area classified as an Assembly Group A occupancy or Mercantile Group M occupancy. The Introduction term “public toilet room” includes public family or assisted-use toilet Section 1229-1.1 Introduction. room, a public toilet room available for use by both sexes (hereinafter The provisions set forth in this Part 1229 are part of the Uniform Fire referred to as a “unisex public toilet room”), a public toilet room avail- Prevention and Building Code (the “Uniform Code”) and are in addition able for use only by males (hereinafter referred to as a “male public toilet to, and not in limitation of, the provisions set forth in Parts 1219 through room”), and a public toilet room available for use only by females (here- 1228 of this Title. inafter referred to as a “female public toilet room”). A room that meets Subpart 1229-2 the definition of “public toilet room” in this subdivision will continue to Diaper Changing Stations be deemed to be a public toilet room for the purposes of this Subpart even Section 1229-2.1 Introduction. if such room contains both employee toilet facilities and public toilet This Subpart establishes standards for the installation of diaper chang- facilities. ing stations in all newly constructed buildings that have one or more areas (o) Substantial renovation. The term substantial renovation means one classified as Assembly Group A occupancies or Mercantile Group M oc- or more of the categories of work described in subdivision (b) of section cupancies and in all existing buildings that have one or more areas classi- 1229-2.4 of this Subpart. fied as Assembly Group A occupancies or Mercantile Group M occupan- Section 1229-2.4 General requirements. cies and undergo a substantial renovation. (a) Newly constructed buildings. In all newly constructed buildings that Section 1229-2.2 Purpose. have one or more areas classified as an Assembly Group A occupancy or This Subpart implements the provisions of subdivisions sixteen and Mercantile Group M occupancy, at least one safe, sanitary, and conve- seventeen of section 378 of the Executive Law, as added by Chapter 58 of nient diaper changing station available for use by both male and female the Laws of 2018. occupants (or at least one such diaper changing station available for use Section 1229-2.3 Definitions. by male occupants and at least one such diaper changing station available In this Subpart, the following terms shall have the following meanings: for use by female occupants) shall be provided on each floor level contain- (a) 2009 ICC A117.1. The 2009 edition of the publication entitled ICC ing a public toilet room. A117.1, Accessible and Usable Buildings and Facilities, published by the (b) Existing buildings. Except as otherwise provided in subdivisions (c) International Code Council, Inc. and (d) of this section, in an existing building that undergoes work in any (b) 2015 IBC. The publication entitled 2015 International Building one or more of the categories described in this subdivision and has, upon

17 Rule Making Activities NYS Register/September 5, 2018 completion of such work, one or more areas classified as an Assembly changing stations shall be listed and labeled as complying with ASTM Group A occupancy or Mercantile Group M occupancy, safe, sanitary, and F2285 – 04(2016)e1 (Standard Consumer Safety Performance Specifica- convenient diaper changing stations shall be provided as follows: tion for Diaper Changing Tables for Commercial Use), shall be approved, (1) in the case of the construction or installation of a new public fam- and shall be installed in accordance with the manufacturer’s installation ily or assisted-use toilet room or a new unisex public toilet room, at least instructions, the requirements of this Subpart, and any and all other ap- one such diaper changing station shall be provided in the newly con- plicable requirements of the Uniform Code. structed or installed public family or assisted-use toilet room or unisex (d) Commercially manufactured countertop diaper changing stations public toilet room; shall be approved and shall be installed in accordance with the manufac- (2) in the case of the construction or installation of a new male public turer’s installationinstructions, the requirements of this Subpart, and any toilet room and a new female public toilet room on the same floor level, at and all other applicable requirements of the Uniform Code. least one such diaper changing station shall be provided in the newly (e) Non-commercially manufactured diaper changing stations shall be constructed or installed male public toilet room and at least one such dia- approved and shall be constructed and installed in accordance the require- per changing station shall be provided in the newly constructed or ments of this Subpart and any and all other applicable requirements of the installed female public toilet room; Uniform Code. (3) in the case of a level 2 alteration of an existing public family or Section 1229-2.6 Signage. assisted-use toilet room, an existing unisex public toilet room, or an exist- In each building that has one or more areas classified as an Assembly ing male public toilet room and an existing female public toilet room that Group A occupancy or Mercantile Group M occupancy and in which at are both on the same floor level, at least one such diaper changing station least one diaper changing station is installed on or after January 1, 2019 shall be provided in each public toilet room undergoing the level 2 altera- (whether voluntarily, or pursuant to this Subpart, or pursuant to any other tion; applicable law), each public toilet room that does not have a diaper chang- (4) in the case of a level 3 alteration of an existing building where the ing station shall be provided with a sign indicating the location of the work area includes an existing public family or assisted-use toilet room, nearest diaper changing station that is available for use by the gender us- an existing unisex public toilet room, or an existing male public toilet ing such public toilet room. Where a diaper changing station is not avail- room and an existing female public toilet room that are both on the same able for use by a gender in a building, no such sign shall be required in or floor level, at least one such diaper changing station shall be provided in adjacent to each public toilet room by the gender using such public toilet each public toilet room included in the work area of the level 3 alteration; room. Such signs shall be readily visible, shall be posted in a conspicuous and place in or adjacent to the public toilet room, and shall comply with Sec- (5) in the case of work that does not fall in any category described in tion 703.2 (Visual Characters) of the 2009 ICC A117.1. No such sign shall paragraphs (1), (2), (3), or (4) of this subdivision; is a level 2 or level 3 be required in or adjacent to a public toilet room in which any diaper alteration of an existing building; and has a work area that includes at changing station is located. least 50 percent of the area of an Assembly Group A occupancy or Section 1229-2.7 Maintenance. Mercantile Group M occupancy, safe, sanitary, and convenient diaper Diaper changing stations installed in any building (whether volunta- changing stations shall be provided as follows: rily, or pursuant to this Subpart, or pursuant to any other applicable law) (i) where such Assembly Group A occupancy or Mercantile Group shall be maintained in a safe, sanitary, and working condition. M occupancy is served by an existing public family or assisted-use toilet Section 1229-2.8 Historic buildings. room and a diaper changing station can be provided in such existing pub- Historic buildings are exempt from the requirements of this Subpart lic family or assisted-use toilet room without having to reconfigure the except the requirements of sections 1229-2.6 and 1229-2.7. space therein or increase the floor area thereof, at least one such diaper Section 1229-2.9 Incorporation by reference. changing station shall be provided in such existing public family or (a) The following publications are hereby incorporated by reference assisted-use toilet room; into this Subpart. (ii) where such Assembly Group A occupancy or Mercantile Group (1) 2015 International Building Code (2015 IBC), publication date: M occupancy is served by an existing unisex public toilet room and a dia- May 30, 2014, third printing, published by the International Code Council, per changing station can be provided in such existing unisex public toilet Inc. room without having to reconfigure the space therein or increase the floor (2) 2015 International Existing Building Code (2015 IEBC), publica- area thereof, at least one such diaper changing station shall be provided tion date: May 30, 2014, fifth printing, published by the International in such existing unisex public toilet room; and Code Council, Inc. (iii) where such Assembly Group A occupancy or Mercantile Group (3) 2017 Uniform Code Supplement, publication date: July 2017, M occupancy is served by an existing male public toilet room and an exist- published by the New York State Department of State. ing female public toilet room that are both on the same floor level and a (4) ICC A117.1, Accessible and Usable Buildings and Facilities, pub- diaper changing station can be provided in both of such existing public lication date 2009, published by the International Code Council, Inc. toilet rooms without having to reconfigure the space in or increase the (b) Copies of the 2015 IBC, 2015 IEBC, and ICC A117.1 may be floor area of either of such existing public toilet rooms, at least one such obtained from the publisher at the following address: diaper changing station shall be provided in such existing male public International Code Council, Inc. toilet room and at least one such diaper changing station shall be provided 500 New Jersey Avenue, NW, 6th Floor in such existing female public toilet room. Washington, DC 20001 (c) Exception. Notwithstanding any provision of subdivision (b) of this (c) Copies of the 2017 Uniform Code Supplement may be obtained from section to the contrary, if an existing building undergoes work in any cate- the New York State Department of State at the following address: gory described in said subdivision (b), not more than one diaper changing New York State Department of State station available for use by both male and female occupants (or one dia- One Commerce Plaza, 99 Washington Avenue per changing station available for use by male occupants and one diaper Albany, NY 12231-0001 changing station available for use by female occupants) shall be required (d) All publications incorporated by reference into this Subpart are on any floor level. available for public inspection and copying at: (d) Transitional provision. Notwithstanding any provision of subdivi- New York State Department of State sion (b) of this section to the contrary, if an existing building undergoes One Commerce Plaza, 99 Washington Avenue work in any category described in said subdivision (b) and a substantially Albany, NY 12231-0001 complete application for a permit for such work has been submitted to the Text of proposed rule and any required statements and analyses may be authority having jurisdiction before January 1, 2019, the requirements of obtained from: Gerard Hathaway, Department of State, 99 Washington said subdivision (b) shall not apply to such work. Avenue, Suit 1160, Albany, NY 12231, (518) 474-4073, email: Section 1229-2.5 Accessibility, construction, and installation [email protected] requirements. Data, views or arguments may be submitted to: Same as above. (a) All diaper changing stations shall comply, at a minimum, with the Public comment will be received until: Five days after the last scheduled accessibility requirements of Section 603.5 (Diaper Changing Tables) of public hearing. the 2009 ICC A117.1. Additional matter required by statute: This rule making would amend the (b) All diaper changing stations shall be designed for use with children Uniform Fire Prevention and Building Code (Uniform Code) to include weighing up to fifty (50) pounds and shall include a child restraint system. provisions addressing subdivisions sixteen and seventeen of Executive (c) Commercially manufactured wall-mounted or recessed diaper Law § 378, as amended and effective January 1, 2019.

18 NYS Register/September 5, 2018 Rule Making Activities

Part LL of Chapter 58 of the Laws of 2018 provides that the amend- objectives of new subdivisions 16 and 17 of Executive Law § 378 to ments to subdivisions sixteen and seventeen of Executive Law § 378 shall include (1) requiring diaper changing stations available for use by both be effective January 1, 2019; provided, however, that effective im- males and females on all floor levels that contain public toilet rooms in mediately, the addition, amendment, and/or repeal of any rules or regula- each newly constructed building with an A occupancy or an M occupancy; tions by the Secretary of State and/or by the Code Council necessary for (2) requiring diaper changing stations available for use by both males and the implementation of the amendments to Executive Law § 378 on its ef- females on all floor levels that contain public toilet rooms in each existing fective date are authorized and directed to be made and completed on or building with an A occupancy or an M occupancy, provided that such exist- before such effective date. ing building undergoes a “substantial renovation;” and (3) defining the Accordingly, the target date for publishing a notice of adoption for this term “substantial renovation” in a manner that will not require the owner rule making is prior to January 1, 2019. Executive Law § 378 provides of an existing building to install diaper changing stations if doing so would that, except as otherwise provided by statute, no change to the building impose undue costs on the building owner. code shall become effective until at least ninety (90) days after the date on 3. NEEDS AND BENEFITS which notice of such change has been published in the State Register, un- The purpose of this rule making is to amend and add provisions to the less the Code Council finds that an earlier effective date is necessary to Uniform Code relating to baby diaper changing stations in certain build- protect health, safety, and security. Upon adoption of the rule making, in ings throughout the State. This change is necessary to comply with the order for the change to the Uniform Code to become effective on January recent statutory amendment to Executive Law § 378. 1, 2019, which will necessarily be less than ninety (90) days after the date Approximately 4,000 code enforcement officials in about 1,600 on which notice of such change has been published in the State Register, municipalities will be affected by an amendment to the Uniform Code (the such earlier date is anticipated to be found by the Code Council to be nec- City of New York will not be affected by this rule because the 2014 NYC essary to protect, health, safety, and security. See Executive Law Construction Codes is in effect in the City of New York).1 § 378(15)(a).1 Section 1229-2.4(a) provides the general requirements for installing di- ——————————— aper changing stations in newly constructed buildings and Section 1229- 1 Effective January 1, 2019, Executive Law § 378(15) is renumbered as 2.4(b) provides the general requirements for installing diaper changing Executive Law § 378(18). stations in existing buildings that include one or more categories of work defined as “substantial renovation.” This rule was not under consideration at the time this agency submitted This statutory requirement to have access to diaper changing stations in its Regulatory Agenda for publication in the Register. new buildings that contain an Assembly Group A occupancy or Mercantile Regulatory Impact Statement Group M occupancy, or existing buildings containing the same occupancy 1. STATUTORY AUTHORITY groups that undergo a substantial renovation, is intended to increase the Article 18 of the Executive Law (§ 370-383) establishes the State Fire public’s access to safe, sanitary, and convenient diaper changing station Prevention and Building Code Council (hereinafter “Code Council”) and accommodations. authorizes such council to formulate a code to be known as the Uniform Section 1229-2.6 provides the signage requirements to indicate the lo- Fire Prevention and Building Code (hereinafter “Uniform Code”). Execu- cation of the nearest diaper changing station available for use by gender. tive Law § 377 provides that the Code Council may from time to time This statutorily required notice is intended to provide occupants of amend particular provisions of the Uniform Code. buildings containing an Assembly Group A occupancy or Mercantile Effective January 1, 2019, Executive Law § 378 will be amended to Group M occupancy with notice of the location of the nearest available di- provide that the Uniform Code shall address the following subjects: aper changing station. 16. Standards requiring the installation and maintenance of at least one 4. COST safe, sanitary, and convenient diaper changing station, deck, table, or sim- a. COST TO REGULATED PARTIES FOR THE IMPLEMENTATION ilar amenity which shall be available for use by both male and female oc- OF,ANDCONTINUINGCOMPLIANCE,WITHTHEPROPOSED cupants and which shall comply with section 603.5 (Diaper Changing RULE Tables) of the two thousand nine edition of the publication entitled ICC This amendment to the Uniform Code will affect the construction, A117.1, Accessible and Usable Buildings and Facilities, published by the configuration, and cost of new buildings that include areas classified as International Code Council, Inc., on each floor level containing a public Assembly Group A occupancy or Mercantile Group M occupancy. It is toilet room in all newly constructed buildings in the state that have one or estimated that the cost of construction/installation in existing buildings more areas classified as assembly group A occupancies or mercantile group will range from $860 to $26002 to install a changing table and signage in a M occupancies and in all existing buildings in the state that have one or male public toilet room and a female public toilet room per occupancy. If more areas classified as assembly group A occupancies or mercantile group there is an existing family assisted public toilet room with adequate clear- M occupancies and undergo a substantial renovation. The council shall ance the additional cost could be as little as $450 for the station and prescribe the type of renovation to be deemed to be a substantial renova- signage. In new construction, it is estimated that the cost of including a di- tion for the purposes of this subdivision. The council may exempt historic aper changing station and signage in a male public toilet room and a female buildings from the requirements of this subdivision. public toilet room would range from $860 to $56003 per occupancy. If the 17. Standards requiring that, in each building that has one or more areas changing station is added to a new family assisted public toilet room, the classified as assembly group A occupancies or mercantile group M oc- additional cost could be as little as $450 for the station and signage. cupancies and in which at least one diaper changing station, deck, table, or b. COST TO THE AGENCY, THE STATE AND LOCAL GOVERN- similar amenity is installed, a sign shall be posted in a conspicuous place MENTS FOR THE IMPLEMENTATION OF, AND CONTINUED AD- in each public toilet room indicating the location of the nearest diaper MINISTRATION OF, THE RULE changing station, deck, table, or similar amenity that is available for use The Department of State – Building Standards and Codes Division will by the gender using such public toilet room. The requirements of this provide training on the amendments to the Uniform Code for all local subdivision shall apply without regard to whether the diaper changing sta- government code enforcement personnel in the State at no cost to the tion, deck, table, or similar amenity was installed voluntarily or pursuant municipalities. to subdivision sixteen of this section or any other applicable law, statute, Code enforcement personnel employed by the cities, towns, villages, rule, or regulation. No such sign shall be required in a public toilet room in and counties that are required to administer and enforce the Uniform Code which any diaper changing station, deck, table, or similar amenity is will need to receive training regarding the new and amended provisions of located. the Uniform Code. However, such code enforcement personnel are al- Part LL of Chapter 58 of the Laws of 2018 provides that the amend- ready required by regulation (19 NYCRR Part 1208) to receive 24 hours ments to Executive Law § 378 shall be effective January 1, 2019; provided, of annual in-service training, and it is anticipated that the training needed however, that effective immediately, the addition, amendment, and/or to familiarize code enforcement personnel with the amendments to the repeal of any rules or regulations by the Secretary of State and/or by the Uniform Code to be implemented by this rule will be accomplished within Code Council necessary for the implementation of the amendments to Ex- that annual in-service training. ecutive Law § 378 on its effective date are authorized and directed to be Local governments can obtain a copy of 19 NYCRR Part 1229 on the made and completed on or before such effective date. Department of State’s website at no cost. This rule making would amend the Uniform Code to include provisions 5. LOCAL GOVERNMENT MANDATES addressing subdivisions sixteen and seventeen of Executive Law § 378, as This rule making will impose some programs, services, duties, and re- amended and effective January 1, 2019. sponsibilities upon counties, cities, towns, villages, school districts, fire Consequently, it is the determination of the Department of State and the districts, and other special districts. When any of the aforementioned Code Council that Executive Law § § 377 and 378, and Part LL of Chapter governmental entities undertake the construction of a building or structure, 58 of the Laws of 2018, authorizes the proposed regulation. the construction process is subject to the provisions of the proposed rule to 2. LEGISLATIVE OBJECTIVES the same extent that the construction of a private building or structure The Department of State and the Code Council interpret the legislative would be regulated.

19 Rule Making Activities NYS Register/September 5, 2018

Pursuant to Executive Law § 381, every city, town, and village is construct, own, or operate such buildings or structures are subject to pro- responsible for administering and enforcing the Uniform Code. Conse- visions of the Uniform Code, including the new diaper changing station quently, local government personnel will require training in the details of installation requirements and signage requirements, and therefore will be this rule. However, the Department of State, Building Standards and Codes required to comply with this rule. Businesses that provide services to such Division has funding available to provide for training local government building owners, such as facility managers, design professionals (e.g., code enforcement officials. This training will provide knowledge to enable architects and engineers), general and specialty contractors, and product local government to enforce this regulation. suppliers, though not directly regulated by this rule, will be impacted by 6. PAPERWORK this rule. It is not possible to estimate the exact number of businesses that This rule will not impose any additional reporting or record keeping will be affected by this rule. For example, according to the New York State Department of Education, as of January 1, 2017, there were 10,734 requirements. No additional paperwork is anticipated. 2 3 4 7. DUPLICATION architects , 14,949 engineers and 805 landscape architects with active li- The Uniform Code provides standards for the construction and mainte- censes in New York State. There are approximately 1,605 local governments in New York, includ- nance of buildings and structures and for the protection of buildings and 5 structures and their occupants from the hazards of fire. The federal governing 932 towns, 554 villages, 62 cities, and 57 counties. Local government does not impose comprehensive requirements for these matters. The ments will be affected by this rule if the government constructs, owns, or federal government has addressed the topic of accessible and usable facil- operates structures that are subject to the new provisions of the Uniform ities for persons with disabilities through adoption of the Americans with Code. In those circumstances, a local government is in no different situa- Disabilities Act (ADA) and the Fair Housing Act. Although the existence tion than that of any building owner or operator, public or private. of federal and state standards may raise issues of overlap or conflict, no Therefore, adoption of this rule making will affect all cities, towns, and such overlap or conflict exists with this proposed rule. villages of the State with the exception of the City of New York. In addi- 8. ALTERNATIVES tion, Executive Law § 381 provides that every city, town, and village of This rule making became necessary in light of the recent statutory the State shall administer and enforce the Uniform Code within its bound- amendments to Executive Law § 378 and Part LL of Chapter 58 of the aries, except in limited specific circumstances. Consequently, in most in- Laws of 2018. Consequently, the alternative of not amending the Uniform stances, the cities, towns and villages of the State are responsible for Code was rejected. enforcement of the Uniform Code within their boundaries, and will be Public hearings will be held after a notice of proposed rule making has responsible for enforcing the new Uniform Code provisions proposed for been published in the State Register in accordance with the provisions of adoption by this rule making. the State Administrative Procedure Act. A draft of the proposed code will 2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE also be available on the Department’s website and an e-bulletin will be REQUIREMENTS. sent announcing that fact. This rule making will not change local government responsibility for 9. FEDERAL STANDARDS administering and enforcing the Uniform Code. There will be no change The federal government has addressed the topic of accessible and us- in requirements for local governments concerning reporting, record keep- able facilities for persons with disabilities through adoption of the ing, and other compliance requirements. Americans with Disabilities Act (ADA) and the Fair Housing Act. Al- As the owner, operator, or occupant of a building or structure, both though the existence of federal and state standards may raise issues of small businesses and local governments will be required to comply with overlap or conflict, no such overlap or conflict exists with this proposed requirements for new building construction and for operation and mainte- rule. nance of newly constructed buildings, as well as provisions of this rule 10. COMPLIANCE SCHEDULE that apply to existing buildings, provided that such buildings contain an The target date for publishing a notice of adoption for this rule making area classified as an Assembly Group A occupancy or Mercantile Group M is prior to January 1, 2019. Upon adoption of the rule making the change occupancy. to the Uniform Code will become effective on January 1, 2019, which 3. PROFESSIONAL SERVICES. could be less than ninety days after the date on which notice of such change Regulated parties will continue to rely upon professionals to advise has been published in the state register if such earlier date is found by the them of the requirements of the Uniform Code. Building owners typically Code Council to be necessary to protect, health, safety, and security. See rely on professionals with respect to design, construction, and operation Executive Law § 378(18)(a).4 and maintenance of buildings because of their expertise in building regulations. ——————————— 1 4. COMPLIANCE COSTS. For 2014 NYC Construction Code See: http://www.nyc.gov/html/dob/ The adoption of new text for the Uniform Code will affect the construc- html/codes_and_reference_materials/2014_construction_code.shtml tion, configuration, and cost of new buildings that contain an area classi- 2 For existing construction, the installation of two diaper changing sta- fied as an Assembly Group A occupancy or Mercantile Group M tions, signage, and providing the required accessible clear space in occupancy. Remodeling or construction of additions in existing buildings front of each station. that contain an area classified as an Assembly Group A occupancy or 3 For new construction, for installation of two diaper changing stations, Mercantile Group M occupancy will be similarly affected. It is anticipated signage, and providing the required additional floor space for each that regulated parties will see a change in construction costs and building station. operation costs as a result of this rule making, with some increases depend- 4 ing on the project. Please see the Cost section of the Regulatory Impact Formerly Executive Law § 378(15), renumbered Executive Law Statement for further details with respect to the anticipated cost. § 378(18) effective January 1, 2019. Code enforcement personnel employed by the cities, towns, villages, Regulatory Flexibility Analysis and counties that are required to administer and enforce the Uniform Code 1. EFFECT OF RULE. will need to receive training regarding the new provisions of the Uniform This rule making would amend the current version of the Uniform Fire Code. However, such code enforcement personnel are already required by Prevention and Building Code (Uniform Code) to include provisions ad- regulation (19 NYCRR Part 1208) to receive 24 hours of annual in-service dressing subdivisions sixteen and seventeen of Executive law 378, as training, and it is anticipated that the training needed to familiarize code amended and effective January 1, 2019, relating to requirements to install enforcement personnel with the revised Uniform Code to be implemented diaper changing stations in certain buildings throughout the State. By add- by this rule will be accomplished within that annual in-service training. ing Subpart 1229-2 of Title 19 NYCRR (Subpart 1229-2), new buildings Regulated parties, local governments, and design professionals can constructed that contain an Assembly Group A occupancy or Mercantile obtain a copy 19 NYCRR Part 1229 on the Department of State’s website Group M occupancy and existing buildings that contain the same oc- at no cost. cupancy groups and undergo a substantial renovation will be required to 5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY. have diaper changing stations as described in Subpart 1229-2.1 The rule The new code provisions proposed for adoption by this rule making would also require such buildings to have signage requirements to indicate provide regulated parties with a range of compliance options which the location of the nearest diaper changing station available for use by include commercially manufactured wall-mounted or recessed diaper gender. The Uniform Code is applicable in all areas of the State with the changing stations, commercially manufactured countertop diaper chang- exception of the City of New York; therefore, this rule would not apply in ing stations, and non-commercially manufactured diaper changing sta- the City of New York. tions constructed and installed in accordance with the requirements of This rule has the potential to affect small businesses that own or operate Subpart Part 1229-2. buildings which include areas classified as Assembly Group A occupancy This rule will have a positive impact on jobs and employment op- or Mercantile Group M occupancy in all areas of the State, except the City portunities for contractors, engineers, and/or architects retained by prop- of New York, as well as small businesses that provide services, directly or erty owners whose services may be required to comply with the require- indirectly, to these building owners and operators. Small businesses that ments of Subpart 1229-2. It is also anticipated that this rule could result in

20 NYS Register/September 5, 2018 Rule Making Activities manufacturers of commercial diaper changing stations creating new and The Uniform Code is applicable in all areas of the State with the excep- improved models and/or result in additional manufacturers entering the tion of the City of New York. Therefore, adoption of this rule making will industry to create a competitive market. apply to all rural areas of the State. Training resources are available for impacted parties to learn the 2. REPORTING, RECORDINGKEEPING AND OTHER COMPLI- proposed new provisions of the Uniform Code. The staff of the Depart- ANCE REQUIREMENTS; AND PROFESSIONAL SERVICES: ment of State’s Division of Building Standards and Codes will provide This proposed rule-making will have no significant impact on reporting training for local government enforcement personnel. In addition, when and record-keeping requirements in rural areas or elsewhere in New York. class size permits, courses are open to design professionals and contractors. Building owners and operators in rural areas will continue to be required 6. MINIMIZING ADVERSE IMPACT. to comply with requirements of the Uniform Code for building construc- The Department of State’s Division of Building Standards and Codes tion, for operation, and maintenance of newly constructed buildings and will provide training on the new provisions of the Uniform Code for all lo- for maintenance of existing buildings. There will be some changes in these cal government code enforcement personnel in the State. Article 18 and requirements with the new text of the Uniform Code. Regulated parties Executive Law § 381(1) contemplate that the Uniform Code be enforced will continue to rely upon professionals to advise them of the require- in a meaningful and effective manner, and in accordance with Part 1203. ments of the Uniform Code. Building owners typically rely on profession- Executive Law § 381 provides that local governments which do not wish als for their expertise in building regulations with respect to design, to enforce the Uniform Code may relinquish that responsibility to the construction and operation, and maintenance of buildings. The need for county in which they are located. In turn, a county may relinquish enforce- professionals in rural areas does not differ from such need in non-rural ment responsibility to the Department of State. As the health, safety, and areas. security of the people of the State are at issue, exemption from coverage 3. COSTS: by the rule was not considered an option for minimizing the impact on lo- The new provisions of the Uniform Code are expected to increase some cal governments and/or small businesses. building and development costs. The proposed new provisions of the 7. SMALL BUSINESS AND LOCAL GOVERNMENT Uniform Code have been developed in response to amendments to Execu- PARTICIPATION. tive Law § 378 and Chapter 58 of the Laws of 2018. Any associated costs The Department of State has notified interested parties throughout the are expected to occur in rural communities as well as urban and suburban State of the proposed adoption of this rule by means of notices posted on areas of the State. the Department’s website and published in Building New York, an 4. MINIMIZING ADVERSE IMPACT: electronic news bulletin covering topics related to the Uniform Code and The proposed rule requires uniform standards for building construction the construction industry. Building New York is prepared by the Depart- and fire prevention in all areas of the State with the exception of New York ment of State and is currently distributed to approximately 10,000 City, where only State buildings and structures must conform to the subscribers, including local governments, design professionals, and others Uniform Code. The proposed rule will require compliance and reporting involved in all aspects of the construction industry. A draft of the proposed requirements similar to those required by the current provisions of the new code text has been posted on the Department’s website, and a Build- Uniform Code. As the health, safety, and welfare of the people of New ing New York e-bulletin announcing that fact has been issued. Further York are at issue, exemption from coverage by the rule was not considered notification and opportunity to participate in the rule making process an option for minimizing impact on rural areas. Please see the Cost section involved with consideration of adopting this rule will be provided by way of the Regulatory Impact Statement for further details with respect to the of a public comment period that will commence upon publication of this anticipated cost. Notice in the State Register. 5. RURAL AREA PARTICIPATION: 8. VIOLATIONS AND PENALTIES ASSOCIATED WITH The Department of State has notified interested parties throughout the VIOLATIONS. State of the proposed adoption of this rule by means of notices posted on This rule will not directly establish or modify a violation, and this rule the Department’s website and published in Building New York, an will not establish or modify penalties associated with a violation. However, electronic news bulletin covering topics related to the Uniform Code and this rule will add requirements to the Uniform Code. A violation of the the construction industry. Building New York is prepared by the Depart- requirements added by this rule will be a violation of the Uniform Code. A ment of State and is currently distributed to approximately 10,000 violation of the Uniform Code can be punishable by penalties as high as a subscribers, including local governments, design professionals and others fine of not more than one thousand dollars per day of violation, or involved in all aspects of the construction industry. A draft of the proposed imprisonment not exceeding one year, or both. See Executive Law § 382 rule text has been posted on the Department’s website, and a Building (2). New York e-bulletin announcing that fact has been issued. Further notifica- ——————————— tion and opportunity to participate in the rule making process involved 1 Assembly Group A occupancies include but are not limited to the fol- with consideration of adopting this rule on a permanent basis will be lowing types of buildings, or portions thereof: motion picture theaters, provided by way of a public comment period that will commence upon symphony and concert halls, banquet halls, restaurants with 50 or more publication of this Notice in the State Register. ——————————— occupants, libraries, museums, and arenas. Assembly Group M occupan- 1 cies include but not are not limited to the following types of buildings, Assembly Group A occupancies include but are not limited to the fol- or portions thereof: department stores, drug stores, markets, retail or lowing types of buildings, or portions thereof: motion picture theaters, wholesale stores, and motor fuel-dispensing facilities. symphony and concert halls, banquet halls, restaurants with 50 or more 2 http://www.op.nysed.gov/prof/arch/ occupants, libraries, museums, and arenas. Assembly Group M occupan- archcounts.htm?_sm_au_=iVVhNh7WHRjWJZtP cies include but not are not limited to the following types of buildings, or portions thereof: department stores, drug stores, markets, retail or 3http://www.op.nysed.gov/prof/pels/ wholesale stores, and motor fuel-dispensing facilities. pecounts.htm?_sm_au_=iVVhNh7WHRjWJZtP 4 http://www.op.nysed.gov/prof/larch/ Job Impact Statement larchcounts.htm?_sm_au_=iVVhNh7WHRjWJZtP The Department of State has determined that it is apparent from the 5 nature and purpose of the proposed rule making that it will not have a NYSDOS Local Government Issues in Focus, October 2006 (Vol. 2, substantial adverse impact on jobs and employment opportunities. No.3) This rule making would amend the current version of the Uniform Fire Rural Area Flexibility Analysis Prevention and Building Code (Uniform Code) to include provisions ad- 1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS: dressing subdivisions sixteen and seventeen of Executive Law § 378, as This rule making would amend the current version of the Uniform Fire amended and effective January 1, 2019, relating to requirements to install Prevention and Building Code (Uniform Code) to include provisions ad- diaper changing stations in certain buildings throughout the State. By add- dressing subdivisions sixteen and seventeen of Executive Law § 378, as ing Subpart 1229-2 of Title 19 NYCRR (Subpart 1229-2), new buildings amended and effective January 1, 2019, relating to requirements to install constructed that contain an Assembly Group A occupancy or Mercantile diaper changing stations in certain buildings throughout the State. By add- Group M occupancy and existing buildings that contain the same oc- ing Subpart 1229-2 of Title 19 NYCRR (Subpart 1229-2), new buildings cupancy groups and undergo a substantial renovation will be required to constructed that contain an Assembly Group A occupancy or Mercantile have diaper changing stations as described in Subpart 1229-2.1 The rule Group M occupancy and existing buildings that contain the same oc- would also require such buildings to have signage requirements to indicate cupancy groups and undergo a substantial renovation will be required to the location of the nearest diaper changing station available for use by have diaper changing stations as described in Subpart 1229-2.1 The rule gender. would also require such buildings to have signage requirements to indicate This rule will have a positive impact on jobs and employment op- the location of the nearest diaper changing station available for use by portunities for contractors, engineers, and/or architects retained by prop- gender. erty owners whose services may be required to comply with the require-

21 Rule Making Activities NYS Register/September 5, 2018 ments of Subpart 1229-2. It is also anticipated that this rule could result in 17 NYCRR 720.9(c) – Provides guidelines for equipment required for manufacturers of commercial diaper changing stations creating new and electric and hybrid-electric buses. These guidelines are predicated on the improved models and/or result in additional manufacturers entering the vehicle meeting the definitions set forth in 17 NYCRR 720.9(a). As stated industry to create a competitive market. previously, said definitions do not meet current regulatory definitions in As a consequence, the Department of State concludes that this rule will FMVSS Sec 571.305. not have a substantial adverse impact on jobs and employment opportuni- 17 NYCRR 720.9(d) – Provides guidelines for batteries and battery ties but it is anticipated that this rule will have a positive impact on jobs compartments with respect to crash worthiness which conflict with current and employment opportunities in New York State. FMVSS standards. These guidelines require design and construction of ——————————— battery compartments to meet standards for which no testing instruction or 1 Assembly Group A occupancies include but are not limited to the fol- specifications have been illustrated for manufacturers to follow. lowing types of buildings, or portions thereof: motion picture theaters, 17 NYCRR 720.9(e) – Provides guidelines for requirements of electric symphony and concert halls, banquet halls, restaurants with 50 or more propulsion circuits. These guidelines conflict with current regulatory stan- occupants, libraries, museums, and arenas. Assembly Group M occupan- dards as set forth in FMVSS Sec 571.305. cies include but not are not limited to the following types of buildings, 17 NYCRR 720.9(f) – Provides guidelines for drive range selectors. No current regulatory requirement exists in the federal standards. or portions thereof: department stores, drug stores, markets, retail or 17 NYCRR 720.9(g) – Provides guidelines for electric overload wholesale stores, and motor fuel-dispensing facilities. protection. No current regulatory requirement exists in the federal standards. 17 NYCRR 720.9(h) – Provides guidelines for regenerative braking systems. No current regulatory requirement exists in the federal standards. Department of Transportation 17 NYCRR 720.9(i) – Provides requirements for back-up alarms. No current regulatory requirement exists in the federal standards. Final rule as compared with last published rule: Nonsubstantive changes NOTICE OF ADOPTION were made in section 720.3(a)(6). Text of rule and any required statements and analyses may be obtained Electric Powered Motor Vehicle Equipment from: Alan Black, Legal Assistant 2, NYSDOT, 50 Wolf Road, Albany, I.D. No. TRN-22-18-00001-A NY 12232, (518) 485-9953, email: [email protected] Revised Job Impact Statement Filing No. 824 The policy objective of repealing 17 NYCRR Section 720.9 and subdivi- Filing Date: 2018-08-20 sion 720.3(a)(6) is the removal of obsolete provisions from the safety Effective Date: 2018-09-05 regulations enforced by the Department. No job impacts are anticipated due to this action. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Assessment of Public Comment cedure Act, NOTICE is hereby given of the following action: The agency received no public comment. Action taken: Repeal of sections 720.9 and 720.3(a)(6) of Title 17 NYCRR. Statutory authority: Transportation Law, section 14(18) Subject: Electric powered motor vehicle equipment. Purpose: To repeal sections 720.9 and 720.3(a)(6). Substance of final rule: 17 NYCRR 720.9 was added upon publication in the State Register on 5/19/1999. A key component of the regulations is continuing compliance with federal standards as set forth in Federal Motor Vehicle Safety Standards (FMVSS) in 49 CFR Part 571. Other states have either updated their regulations to meet these standards, or have no regulations that address this topic. New York is the only state that has not, at a minimum, updated its regulation(s) to meet federal standards set forth in the National School Transportation Specifications and Procedures – 2010 edition. As this segment of the industry has evolved greatly since 1999, the Department’s current section 720.9 regulation has been rendered obsolete. FMVSS Sec 571.301 has been updated as recently as 2011. The Department’s regulation does not reference FMVSS Sec 571.305, which specifically sets standards for Electric-Powered Vehicles: Electrolyte Spill- age and Electrical Shock Protection; this standard was updated as recently as September of 2017. In current form, 17 NYCRR 720.9 conflicts with FMVSS and with National Highway Traffic and Safety Administration’s Highway Safety Guidelines and may cause undue increase in operation or production costs for manufacturers. The proposed repeal of 17 NYCRR 720.9 is a deregulatory action which imposes no costs and will provide more flexibility to manufacturers to use modern electrical safety designs to produce electric vehicles and to introduce new technologies to the U.S. market. Subdivision 720.3(a)(6), which reads, “Electric Powered Motor Vehicles. Vehicles that are electric powered must meet the identification requirements of Section 720.9 of this Part.”, is also hereby repealed. Following is a summary of the subject matter of section 720.9 broken out by subdivision: 17 NYCRR 720.9(a) – Defines commonly used terms related to this topic. Compared with current definitions set forth in FMVSS Sec 571.305, the Department’s regulation does not contain many of the definitions currently in use. The definitions that it does contain have language that conflicts with the current FMVSS definitions. 17 NYCRR 720.9(b) – Provides guidelines for identification of electrical hazards on any door, cover or panel that provides access to high voltage areas. When compared to current guidelines set forth in FMVSS Sec 571.305, the Department’s regulation contains guidance conflicting with current standards, specifically with current symbol, shape, and color requirements.

22 NYS Register/September 5, 2018 Rule Making Activities

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Agriculture and Markets, Department of AAM-34-18-00001-EP...... Importation of cervids susceptible to Chronic Department of Agriculture and Markets, 10B Wasting Disease (CWD) Airline Dr., Albany, NY—October 25, 2018, 11:00 a.m. Liquor Authority, State LQR-30-18-00001-P ...... Bottle Club license updates 317 Lenox Ave., New York, NY—October 24, 2018, 10:00 a.m. State, Department of DOS-36-18-00008-P ...... New York State Uniform Fire Prevention and Department of State, 99 Washington Ave., Rm. Building Code (the Uniform Code) 505, Albany, NY—November 8, 2018

NYS Register/September 5, 2018 Action Pending Index

ACTION PENDING INDEX

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

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

AGRICULTURE AND MARKETS, DEPARTMENT OF

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

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.

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

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

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

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

ASA-33-18-00001-P ...... 08/15/19 Rates of Reimbursement -- Alcoholism Repeal obsolete regulations Facilities

ASA-33-18-00002-P ...... 08/15/19 Standards for Alcoholism Facilities to Repeal obsolete regulations Participate in the Medicaid Program

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

AUTHORITIES BUDGET OFFICE, NEW YORK STATE

ABO-34-18-00005-P ...... 09/04/19 Requires posting all forms and policies on To promote transparency and accountability of industrial development agencies website, industrial development agencies and consistent with Chapter 563 of Laws of 2015 authorities.

25 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

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

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

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

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

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

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

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

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

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

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

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

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

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

CVS-23-18-00002-P ...... 06/06/19 Supplemental military leave beneﬁts To extend the availability of supplemental military leave beneﬁts for certain New York State employees until December 31, 2018

CVS-24-18-00001-P ...... 06/13/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the exempt and non-competitive classes

CVS-24-18-00002-P ...... 06/13/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-24-18-00003-P ...... 06/13/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-24-18-00004-P ...... 06/13/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-24-18-00005-P ...... 06/13/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-24-18-00006-P ...... 06/13/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-24-18-00007-P ...... 06/13/19 Jurisdictional Classiﬁcation To delete a position from and classify a position in the exempt class

27 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-24-18-00008-P ...... 06/13/19 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-29-18-00001-P ...... 07/18/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-29-18-00002-P ...... 07/18/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-29-18-00003-P ...... 07/18/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-29-18-00004-P ...... 07/18/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-29-18-00005-P ...... 07/18/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-29-18-00006-P ...... 07/18/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-29-18-00007-P ...... 07/18/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-33-18-00005-P ...... 08/15/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-33-18-00006-P ...... 08/15/19 Jurisdictional Classiﬁcation To classify positions in the labor class

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

CVS-33-18-00008-P ...... 08/15/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-33-18-00009-P ...... 08/15/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-33-18-00010-P ...... 08/15/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-33-18-00011-P ...... 08/15/19 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-33-18-00012-P ...... 08/15/19 Jurisdictional Classiﬁcation To delete a position in the exempt class and to classify a position from 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-33-18-00014-P ...... 08/15/19 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-33-18-00015-P ...... 08/15/19 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-33-18-00016-P ...... 08/15/19 Jurisdictional Classiﬁcation To classify positions in the exempt class

CORRECTION, STATE COMMISSION OF

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

28 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CORRECTION, STATE COMMISSION OF

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

CMC-27-18-00002-P ...... 07/03/19 Specialized secure juvenile detention facilities To enact minimum standards and regulations for older youth (SSDs) for the management of SSDs

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

CCS-25-18-00002-P ...... 06/20/19 Inmate Grievance Program Modiﬁcation Plan Assist facilities speciﬁcally approved by the Director, Inmate Grievance Plan in implementing the program at those facilities

CCS-26-18-00004-P ...... 06/27/19 Double-cell housing in correctional facilities The rule is to provide protocols for the management of double-cell housing. The amendments are virtually all cosmetic

CRIMINAL JUSTICE SERVICES, DIVISION OF

CJS-32-18-00004-P ...... 08/08/19 New Rule 359: Role of Probation in Youth Update job speciﬁcations and required Part of Superior Court knowledge, skills, and abilities for probation professionals employed by localities.

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

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

EDU-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

29 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

EDUCATION DEPARTMENT

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

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

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

EDU-26-18-00005-EP ...... 06/27/19 Reinstatement of the Educational Technology To allow candidates to take either the Specialist Content Specialty Test Safety Net redeveloped CST or the predecessor CST for Candidates Seeking Certiﬁcation

EDU-26-18-00006-P ...... 06/27/19 Readers aid Program To implement Chapter 350 of the Laws of 2017

EDU-26-18-00007-EP ...... 06/27/19 Reinstatement of the Educational Technology To allow candidates to take either the Specialist Content Specialty Test Safety Net redeveloped CST or the predecessor CST for Candidates Seeking Certiﬁcation

EDU-26-18-00008-EP ...... 06/27/19 Advanced Home Health Aides To implement the provisions of P chapter 471 of the Laws of 2016

EDU-26-18-00009-EP ...... 06/27/19 The administration of certain vaccines by To implement the provisions of Part DD of pharmacists chapter 57 of the Laws of 2018

ELECTIONS, STATE BOARD OF

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

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

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

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

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

ENV-28-18-00001-EP ...... 07/11/19 Regulations governing the recreational ﬁshing To revise regulations concerning the of black sea bass recreational harvest of black sea bass in New York State

30 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF

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

*DFS-25-17-00002-ERP ...... 09/19/18 Minimum standards for form, content and sale To ensure coverage for essential health of health insurance, including standards of full beneﬁts in all individual, small group, and and fair disclosure student accident and health policies

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

DFS-22-18-00002-EP ...... 05/30/19 Supplementary Uninsured/Underinsured To conform 11 NYCRR 60-2 to new Insurance Motorists Insurance Law Section 3420(f)(2-a)

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-25-18-00005-EP ...... 06/20/19 Minimum Standards for Form, Content, and To establish minimum requirements for policies Sale of Health Insurance, Including Standards of volunteer ﬁreﬁghter enhanced cancer for Full and Fair Disclosure insurance

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.

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-32-18-00002-P ...... 08/08/19 Blazing 7s Progressive Wager To set forth the practices and procedures for the operation of Blazing 7s Progressive Wager as a casino table game.

HEALTH, DEPARTMENT OF

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

*HLT-28-17-00009-RP ...... 11/15/18 Early Intervention Program To conform existing program regulations to federal regulations and state statute

31 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF

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

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

HLT-22-18-00010-P ...... 05/30/19 Criminal History Record Checks and This rule will implement statutory changes Advanced Home Health Aides related to criminal history records checks and advanced home health aides

HLT-25-18-00003-P ...... 06/20/19 Medical Staff – Sepsis Protocols Update deﬁnitions & guidelines of sepsis & associated protocols for treatment to align with the latest evidence-based practices

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

HLT-30-18-00003-P ...... 07/25/19 Prescription Contraceptive Drugs Allow for a written order of prescription contraceptives for family planning purposes to be ﬁlled 12 times within one year

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.

HOMELAND SECURITY AND EMERGENCY SERVICES, DIVISION OF

HES-25-18-00001-EP ...... 06/20/19 New York State Volunteer Firefighter Establish claims process for eligible volunteer Enhanced Cancer Disability Benefits Program firefighters with certain cancers to receive disability and death benefits

JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS

JCP-31-18-00008-P ...... 08/01/19 Protocols for interviewing service recipients To ensure interviews of service recipients during investigations are conducted in a safe and sensitive manner.

JCP-31-18-00015-P ...... 08/01/19 Procedures of the Surrogate Decision-Making To set forth uniform procedures for the Committee surrogate decision-making committee

32 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

LABOR, DEPARTMENT OF

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

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

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

LQR-30-18-00001-P ...... 10/24/19 Bottle Club license updates To update outdated Bottle Club license requirements and procedures

LONG ISLAND POWER AUTHORITY

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

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

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

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

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

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

NIAGARA FALLS WATER BOARD

*NFW-04-13-00004-EP ...... exempt Adoption of Rates, Fees and Charges To pay for the increased costs necessary to operate, maintain and manage the system, and to achieve covenants with bondholders

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

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.

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

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

33 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

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-24-18-00012-EP ...... 06/13/19 Respite Services To remove language that conﬂicts with respite services related to the new 1115 waiver

PDD-26-18-00003-EP ...... 06/27/19 Eligibility of Services The eligibility for individuals applying for OPWDD authorized services

PDD-32-18-00003-EP ...... 08/08/19 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

PUBLIC EMPLOYMENT RELATIONS BOARD

PRB-33-18-00003-EP ...... 08/15/19 Rules and regulations to effectuate the Allow for expedited treatment of cases which purposes of the Public Employees’ Fair present issues of law relating to the scope of Employment Act (Civil Service Law Art. 14). the duty of fair representation.

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

34 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

35 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

36 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

37 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

38 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

41 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

42 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

43 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

44 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

45 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

46 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

47 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

48 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*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.

49 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*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

51 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*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

52 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

*PSC-13-15-00027-P ...... exempt Whether to permit the use of the Measurlogic To permit the use of the Measurlogic DTS 310 DTS 310 electric submeter submeter

*PSC-13-15-00028-P ...... exempt Whether to permit the use of the SATEC To permit necessary to permit the use of the EM920 electric meter SATEC EM920 electric meter

*PSC-13-15-00029-P ...... exempt Whether to permit the use the Triacta Power To permit the use of the Triacta submeters Technologies 6103, 6112, 6303, and 6312 electric submeters

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

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

*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

53 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-22-15-00015-P ...... exempt To consider the request for waiver of the To consider the request for waiver of the individual residential unit meter requirements individual residential unit meter requirements and 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

*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.

54 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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.

55 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

*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

56 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

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

*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.

57 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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.

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.

58 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

PSC-51-17-00015-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-04-18-00003-P ...... exempt Minor rate ﬁling. To consider a proposal for an increase in total annual revenues of approximately $136,634, or 11.4%.

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

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

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

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

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

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

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

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

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

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

59 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

60 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

PSC-20-18-00008-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-21-18-00045-P ...... exempt Waiver of PSC regulations, 16 NYCRR To ensure application to amend certiﬁcate Sections 86.3(a)(1), (a)(2), (b)(1), (b)(2), 86.6, issued under PSL Article VII contains sufﬁcient 86.10 and 88.4(a)(4). information for review to proceed.

PSC-22-18-00005-P ...... exempt Use of unspent funds previously allocated to To efﬁciently encourage the preservation of the NY-Sun Initiative for years 2014 and 2015 environmental values and the conservation of natural resources

PSC-22-18-00006-P ...... exempt Intent to submeter electricity and requested To ensure adequate submetering equipment, waiver of the energy audit requirement consumer protections, and energy efﬁciency protections are in place

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-22-18-00009-P ...... exempt Expand the SmartCharge New York Program To ensure just and reasonable rates in the to include medium-duty and heavy-duty context of charging electric vehicles, including electric vehicles incentivizing off-peak charging

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-23-18-00007-P ...... exempt Eligibility for Value Stack compensation. To ensure just and reasonable rates, including compensation, for distributed energy resources.

PSC-23-18-00008-P ...... exempt Issuance of promissory notes and the To refund/refinance debt at a lower rate and assumption of the costs and benefits of provide funding for safety and reliability capital certain derivative instruments. projects to benefit customers.

PSC-23-18-00009-P ...... exempt Treatment of Value Stack credits. To ensure just and reasonable rates, including compensation, for distributed energy resources.

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

PSC-23-18-00011-P ...... exempt Proposed rate ﬁling in Hudson Valley Water To ensure safe and adequate service at just Companies, Inc.’s annual revenues of and reasonable rates charged to customers approximately $24,370 or 13.0%. without undue preferences.

61 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-23-18-00012-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-23-18-00013-P ...... exempt Implementation of a uniform statewide To encourage consumer protections and safe customer satisfaction survey. and adequate service.

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-23-18-00015-P ...... exempt Appointment of a new temporary operator of To ensure the provision of safe and reliable the Painted Apron Water Co. water service.

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-24-18-00014-P ...... exempt Whether to impose consequences on BluCo To ensure the provision of safe and adequate for its non-compliance with Commission energy service at just and reasonable rates. 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-24-18-00016-P ...... exempt Use of Arteche models VCE-7 and CID-17 To ensure that consumer bills are based on medium voltage class metering instrument accurate measurements of electric usage. transformers.

PSC-25-18-00007-P ...... exempt Cost calculation, reimbursement and cost To ensure just and reasonable rates associated recovery related to gas delivery with the local distribution companies’ use of the New York Facilities System

PSC-26-18-00010-P ...... exempt Change NFG’s Tariff No. 9 and associated Determine if NFG’s proposal to provide a accounting issues related to the 2017 Tax Act. refund net of an equity ratio adjustment is appropriate.

PSC-26-18-00011-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-26-18-00012-P ...... exempt Waiver of 5-year buildout and 7-day To ensure the provision of safe and adequate installation requirements pertaining to cable cable television service at competitive rates. television franchise.

PSC-26-18-00013-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections.

PSC-26-18-00014-P ...... exempt Limited waiver of unauthorized use of gas To ensure customers are charged just and charges. reasonable rates.

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

PSC-27-18-00005-P ...... exempt Petition to submeter electricity To ensure adequate submetering equipment and consumer protections

PSC-27-18-00006-P ...... exempt Petition to submeter electricity To ensure adequate submetering equipment and consumer protections

62 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-27-18-00007-P ...... 07/03/19 Gas safety regulations To make the provision of natural gas service safer in New York State and comply with federal law

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.

PSC-28-18-00006-P ...... exempt Roadmap recommendations for the To encourage energy storage deployment and installation of qualiﬁed energy storage establish a 2030 target and deployment systems. program.

PSC-28-18-00007-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-28-18-00008-P ...... exempt The New York State Standardized To clarify speciﬁc elements of the revised SIR Interconnection Requirements (SIR) for Small issued on April 19, 2018. Distributed Generators.

PSC-28-18-00009-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-28-18-00010-P ...... exempt Transfer of utility pole ownership. To ensure just and fair share of the cost required to install and maintain the joint use poles for both companies and customers.

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-31-18-00009-P ...... exempt General Rule 20 - Standby Service To provide clarity to the provisions and Interconnection and Operation. streamline the application process.

PSC-31-18-00010-P ...... exempt Tariff amendments to Service Classiﬁcation To ensure safe and reliable service for (SC) 11 and 14. customers at just and reasonable rates.

63 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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-31-18-00013-P ...... exempt To test rate structures for SC 1 and 2 that To provide residential and small commercial more closely align delivery rates with the cost customers the opportunity to better manage of providing delivery service. their energy costs.

PSC-31-18-00014-P ...... exempt Establish a Baseload Service under its DDS To ensure gas availability to ﬁrm gas Program. customers during peak winter periods by establishing a baseload supply.

PSC-32-18-00012-P ...... exempt The request of the New York Independent To ensure that debt ﬁnancing is used System Operator, Inc. to incur indebtedness. reasonably and appropriately.

PSC-32-18-00013-P ...... exempt Energy efﬁciency programs and targets for To encourage energy conservation and the investor-owned utilities. delivery and procurement of energy services by investor-owned utilities.

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-32-18-00015-P ...... exempt Establishment of the regulatory regime To ensure appropriate regulation of a new applicable to an approximately 126 MW wind electric corporation. electric generating facility.

PSC-32-18-00016-P ...... exempt Transfer of assets, rate recovery of the costs To ensure safety and reliability, just and of those assets, and lightened ratemaking reasonable rates and appropriate regulation. regulatory regime.

PSC-32-18-00017-P ...... exempt Rules for Value Stack compensation of hybrid To ensure just and reasonable rates, including storage and distributed generation. compensation, for distributed energy resources.

PSC-34-18-00008-P ...... exempt Notice of intent to submeter electricity and To ensure adequate submetering equipment, request for waiver of the energy audit consumer protections and energy efﬁciency requirement. protections are in place.

PSC-34-18-00009-P ...... exempt The Westchester Power Community Choice To ensure appropriate consumer protections Aggregation Program. and beneﬁts.

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-34-18-00012-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-34-18-00013-P ...... exempt Administrative costs and funding sources for To promote and maintain renewable and zero the RES and ZEC programs. emission electric energy resources.

PSC-34-18-00014-P ...... exempt Continued implementation of the Clean To promote and maintain renewable and zero- Energy Standard. emission electric energy resources.

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

64 NYS Register/September 5, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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-35-18-00004-P ...... exempt To add a deﬁnition and include provisions for To provide clarity to the operating procedures Renewable Natural Gas to P.S.C. No. 9 - and provisions for Renewable Natural Gas. Gas.

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

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

PSC-35-18-00007-P ...... exempt Con Edison’s methodology for reconciling the To consider modiﬁcations to the manner in electric POR discount rate charge. which reconciliations of the electric POR discount rate are collected or refunded.

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-36-18-00004-P ...... exempt Update of revenue targets. To update NYAW’s revenue targets and make required balancing revisions to account for changes to the property tax targets.

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-36-18-00006-P ...... exempt Recording of unbilled revenue. To correct revenue target discrepancies resulting from changes in billing schedule and net billing days.

PSC-36-18-00007-P ...... exempt PSC regulation 16 NYCRR § 86.3(a)(1). To consider a waiver of a certain regulation relating to the content of an application for transmission line siting.

STATE, DEPARTMENT OF

DOS-36-18-00008-P ...... 11/08/19 New York State Uniform Fire Prevention and To amend the existing Uniform Code to add Building Code (the Uniform Code) provisions for diaper changing stations in certain buildings.

STATE UNIVERSITY OF NEW YORK

SUN-23-18-00003-P ...... 06/06/19 Proposed amendments to the trafﬁc and Amend existing regulations to update trafﬁc parking regulations at State University of New and parking regulations York at Potsdam

65 Action Pending Index NYS Register/September 5, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

STATE UNIVERSITY OF NEW YORK

SUN-27-18-00001-P ...... 07/03/19 University Faculty Senate To make technical, non-substantive language change and reauthorize a prior amendment of the regulations

SUN-28-18-00002-P ...... 07/11/19 State basic ﬁnancial assistance for the To modify limitations formula for basic State operating expenses of community colleges ﬁnancial assistance and conform to the under the program of SUNY and CUNY Education Law and the 2018-19 Budget Bill

SUN-28-18-00003-P ...... 07/11/19 State University of New York Tuition and Fees To amend the Tuition and Fees Schedule to Schedule increase tuition for students in all programs of the State University of New York

TAXATION AND FINANCE, DEPARTMENT OF

TAF-35-18-00002-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. October 1, 2018 through December 31, 2018.

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

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

WORKERS’ COMPENSATION BOARD

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

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

WCB-23-18-00004-P ...... 06/06/19 Fees for Medical Testimony To increase fees for medical testimony and eliminate fee reductions for multiple appearances as this provisiosn is not used

WCB-23-18-00005-P ...... 06/06/19 Medical Fee Schedules Update the fees paid for medical treatment in workers’ compensation claims

66 SECURITIES OFFERINGS

STATE NOTICES Eastlight Value Partners, LP Eastlight Value GP, LLC, 300 Park Ave., 12th Fl., New York, NY Published pursuant to provisions of General Business Law 10022 [Art. 23-A, § 359-e(2)] Partnership — Eastlight Value GP, LLC European Cities Partnership SCSp DEALERS; BROKERS 201 Bishopsgate, London, United Kingdom EC2M 3BN Partnership — European Cities Partnership (GP) Sarl

15 Pioneer of the Nile/My Tina, LLC Fiera Capital Series Trust 1306 Somerhill Place, Anchorage, KY 40223 375 Park Ave., 8th Fl., New York, NY 10152 State or country in which incorporated — Kentucky State or country in which incorporated — Delaware

AG Realty Value Fund X (Q), L.P. FS Investment Solutions, LLC c/o Angelo, Gordon & Co., L.P., 245 Park Ave., New York, NY 10167 201 Rouse Blvd., Philadelphia, PA 19112 Partnership — AGR X LLC Hornet Corporation - Managing General Partner of Red Hill Prospect Appia Energy Corp. Partners 22 Adelaide St. W, Suite 3600, Toronto, Ontario M5H 4E3 111 Imperial Blvd., Bldg. D400, Hendersonville, TN 37075 State or country in which incorporated — Canada State or country in which incorporated — Tennessee

Audax Private Equity Fund VI-A, L.P. IR Scientiﬁc Inc. 101 Huntington Ave., Boston, MA 02199 Suite 1300-1969 Upper Water St., Halifax, Nova Scotia Canada B3J Partnership — Audax Private Equity Business VI, L.P. 3R7 State or country in which incorporated — Canada Audax Private Equity Fund VI-B, L.P. 101 Huntington Ave., Boston, MA 02199 LA Aloe, LLC 2301 E. 7th St., Suite A152, Los Angeles, CA 90023 Partnership — Audax Private Equity Business VI, L.P. State or country in which incorporated — California

Best Western International, Inc. Meaningful Madison, LLC 6201 N. 24th Pkwy., Phoenix, AZ 85016 2255 Campus Dr., El Segundo, CA 90245 State or country in which incorporated — Arizona Meaningful Ofﬁce, LLC Chase Heritage Partners LP 2255 Campus Dr., El Segundo, CA 90245 11719-B Jefferson Ave., Suite 103, Newport News, VA 23606 Partnership — Chase Heritage GP LLC Meaningful Protein, LLC 2255 Campus Dr., El Segundo, CA 90245 CHC Medical Partners, Inc. 162 Industry Dr., Pittsburgh, PA 15275 North Avenue Holdings, LLC State or country in which incorporated — Delaware 241 North Ave. W, Westﬁeld, NJ 07090

Clearwater Opportunity Fund, LLLP Plaza Ventures Special Opportunity Fund I LP 2000 Wells Fargo Place, 30 E. 7th St., St. Paul, MN 55101 10 Wanless Ave., Suite 201, Toronto, Ontario M4N 1V6, Canada Partnership — Clearwater Management Company, Inc. Partnership — Plaza Ventures Special Opportunity Fund I GP Inc. PW Partners Atlas Fund II, LP Clinton Synergie Focused Fund, L.P. 141 W. Jackson Blvd., Suite 1702, Chicago, IL 60604 c/o Clinton Group, Inc., 510 Madison Ave., 9th Fl., New York, NY Partnership — PW Partners Atlas Funds, LLC 10022 State or country in which incorporated — Delaware RS Diversiﬁed Investment Fund II, LLC 525 Market St., Suite 2800, San Francisco, CA 94105 Clinton Synergie Focused Offshore Fund, Ltd. c/o Clinton Group, Inc., 510 Madison Ave., 9th Fl., New York, NY Shopoff Securities, Inc. 10022 Two Park Plaza, Suite 1120, Irvine, CA 92614 State or country in which incorporated — Cayman Islands State or country in which incorporated — Delaware

67 Securities Offerings NYS Register/September 5, 2018

Sky440, Inc. 300 Spectrum Center Dr., Suite 400, Irvine, CA 92618 State or country in which incorporated — Nevada

SMPI Bordeaux SPV 3 LLC Eight The Green, Suite A, Dover, DE 19901

Soligen Technologies, Inc. 700 Milam St., Suite 1300, Houston, TX 77002 State or country in which incorporated — Wyoming

SpokeHub, Inc. 800 Park Ofﬁce Dr., Suite 3307, Durham, NC 27709 State or country in which incorporated — North Carolina

Upstart Network Trust Two Circle Star Way, San Carlos, CA 94070

Vencap Gardens Partnership LLC 326 E. 65th St., Suite 334, New York, NY 10065 State or country in which incorporated — Delaware

Vesey Street Capital Partners Healthcare Fund, L.P. 428 Greenwich St., New York, NY 10013 Partnership — Vesey Street Capital Partners Healthcare GP, L.P.

Vesey Street Capital Partners Healthcare Fund-A, L.P. 428 Greenwich St., New York, NY 10013 Partnership — Vesey Street Capital Partners Healthcare GP, L.P.

Vision Hill Advisors, LLC 79 Madison Ave., New York, NY 10016

Vision Hill Group, LLC 79 Madison Ave., New York, NY 10016

WE Inverness LLC 12 College Rd., Monsey, NY 10952 State or country in which incorporated — Delaware

WHP Holdings LLC 8068 E R L Thornton Fwy., Dallas, TX 75228 State or country in which incorporated — Delaware limited liability company

68 ADVERTISEMENTS FOR BIDDERS/CONTRACTORS SEALED BIDS site to take field measurements and examine existing conditions of the project area will be at 9:00 a.m. on August 30, 2018 at Greater Binghamton Health Center, 425 Robinson Street, Building 54, PROVIDE Binghamton, NY. Prospective bidders are urged to visit the site at this SUICIDE PREVENTION RENOVATIONS time. Prospective bidders or their representatives attending the pre-bid Greater Binghamton Health Center site visit will not be admitted on facility grounds without proper photo Binghamton, Broome County identification. Note that parking restrictions and security provisions will apply and all vehicles will be subject to search. Sealed bids for Project Nos. 45198-C, 45198-H, 45198-P, 45198-E, For assistance pertaining to the site visit only, please phone Luanne comprising separate contracts for Construction Work, HVAC Work, Vaughn (607) 721-8716. Plumbing Work, and Electrical Work, Provide Suicide Prevention Renovations, Building 75, Greater Binghamton Health Center, 425 Pursuant to New York State Executive Law Article 15-A and the Robinson Street, Binghamton (Broome County), NY, will be received rules and regulations promulgated thereunder, OGS is required to by the Office of General Services (OGS), Design & Construction promote opportunities for the maximum feasible participation of New Group (D&C), Division of Contract Management, 35th Fl., Corning York State-certified Minority- and Women-owned Business Enter- Tower, Empire State Plaza, Albany, NY 12242, on behalf of the Office prises (“MWBEs”) and the employment of minority group members of Mental Health, until 2:00 p.m. on Wednesday, September 12, 2018, and women in the performance of OGS contracts. All bidders are when they will be publicly opened and read. Each bid must be pre- expected to cooperate in implementing this policy. OGS hereby pared and submitted in accordance with the Instructions to Bidders establishes an overall goal of 30% for MWBE participation, 15% for and must be accompanied by a certified check, bank check, or bid Minority-Owned Business Enterprises (“MBE”) participation and bond in the amount of $42,300 for C, $11,400 for H, $24,100 for P, 15% for Women-Owned Business Enterprises (“WBE”) participation and $16,300 for E. (based on the current availability of qualified MBEs and WBEs). The All successful bidders will be required to furnish a Performance total contract goal can be obtained by utilizing any combination of Bond and a Labor and Material Bond in the statutory form of public MBE and /or WBE participation for subcontracting and supplies bonds required by Sections 136 and 137 of the State Finance Law, acquired under this Contract. each for 100% of the amount of the Contract estimated to be between The Office of General Services reserves the right to reject any or all $1,000,000 and $2,000,000 for C, between $100,000 and $250,000 for bids. H, between $500,000 and $1,000,000 for P, and between $100,000 The Bidding and Contract Documents for this Project are available and $250,000 for E. on compact disc (CD) only, and may be obtained for an $8.00 deposit Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation per set, plus a $2.00 per set shipping and handling fee. Contractors includes and imposes certain restrictions on communications between and other interested parties can order CD’s on-line through a secure OGS D&C and a bidder during the procurement process. A bidder is web interface available 24 hours a day, 7 days a week. Please use the restricted from making contacts from the earliest posting, on the OGS following link at the OGS website for ordering and payment website, in a newspaper of general circulation, or in the Contract instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp Reporter of written notice, advertisement or solicitation of offers For questions about purchase of bid documents, please send an through final award and approval of the contract by OGS D&C and e-mail to [email protected], or call (518) 474-0203. the Office of the State Comptroller (“Restricted Period”) to other than For additional information on this project, please use the link below designated staff unless it is a contact that is included among certain and then click on the project number: https://online.ogs.ny.gov/dnc/ statutory exceptions set forth in State Finance Law § 139-j(3)(a). contractorConsultant/esb/ESBPlansAvailableIndex.asp 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 & By John D. Lewyckyj, Deputy Director Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS - Design & Construction Group OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination REPLACE of the responsibility of the bidder pursuant to these two statutes. WINDOWS, DOORS and LOCKING SYSTEM Certain findings of non-responsibility can result in rejection for Green Haven Correctional Facility contract award and in the event of two findings within a four-year pe- Stormville, Dutchess County riod, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize Sealed bids for Project Nos. 44967-C, 44967-P, 44967-E, compris- themselves with the State Finance Law requirements and will be ing separate contracts for Construction Work, Plumbing Work, and expected to affirm that they understand and agree to comply on the bid Electrical Work, Replace Windows, Doors, Locking System & form. Further information about these requirements can be found Renovate Cells, Green Haven Correctional Facility, Route 216, within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ Stormville (Dutchess County), NY, will be received by the Office of regulations/defaultAdvisoryCouncil.html General Services (OGS), Design & Construction Group (D&C), Divi- The substantial completion date for this project is 323 days after the sion of Contract Management, 35th Fl., Corning Tower, Empire State Agreement is approved by the Comptroller. Plaza, Albany, NY 12242, on behalf of the Department of Corrections The only time prospective bidders will be allowed to visit the job and Community Supervision, until 2:00 p.m. on Wednesday, Septem-

69 Advertisements for Bidders/Contractors NYS Register/September 5, 2018 ber 12, 2018, when they will be publicly opened and read. Each bid and other interested parties can order CD’s on-line through a secure must be prepared and submitted in accordance with the Instructions to web interface available 24 hours a day, 7 days a week. Please use the Bidders and must be accompanied by a certified check, bank check, or following link at the OGS website for ordering and payment bid bond in the amount of $78,800 for C, $29,200 for P, and $22,600 instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp for E. For questions about purchase of bid documents, please send an ll successful bidders will be required to furnish a Performance Bond e-mail to [email protected], or call (518) 474-0203. and a Labor and Material Bond in the statutory form of public bonds required by Sections 136 and 137 of the State Finance Law, each for For additional information on this project, please use the link below 100% of the amount of the Contract estimated to be between and then click on the project number: https://online.ogs.ny.gov/dnc/ $2,000,000 and $3,000,000 for C, between $500,000 and $1,000,000 contractorConsultant/esb/ESBPlansAvailableIndex.asp for P, and between $250,000 and $500,000 for E. 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 period, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselves with the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ regulations/defaultAdvisoryCouncil.html The substantial completion date for this project is 604 days after the Agreement is approved by the Comptroller. 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 9:00 a.m. on August 31, 2018 at Green Haven Correctional Facility, Field Office Trailer, Route 216, Stormville, NY. Prospective bidders are urged to visit the site at this time. Prospective bidders or their representatives attending the pre-bid site visit will not be admitted on facility grounds without proper photo identification. Note that parking restrictions and security provisions will apply and all vehicles will be subject to search. Phone the office of Shannon Landolfa, (845) 831-3111 a minimum of 72 hours in advance of the date to provide the names of those who will attend the pre-bid site visit. Pursuant to New York State Executive Law Article 15-A and the rules and regulations promulgated thereunder, OGS is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enter- prises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts. All bidders are expected to cooperate in implementing this policy. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). The total contract goal can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under this Contract. The Office of General Services reserves the right to reject any or all bids. The Bidding and Contract Documents for this Project are available on compact disc (CD) only, and may be obtained for an $8.00 deposit per set, plus a $2.00 per set shipping and handling fee. Contractors

70 NOTICE OF AVAILABILITY OF STATE AND FEDERAL FUNDS

Developmental Disabilities Planning Council D Civil and criminal court personnel (DDPC) D Prison guards D 99 Washington Ave., Suite 1230 Probation personnel Albany, NY 12210 D Relevant service providers D Public Defenders NONPROFIT ORGANIZATIONS;* PUBLIC OR PRIVATE INSTI- The successful applicant will identify and work with at least 3 TUTIONS, SUCH AS UNIVERSITIES, COLLEGES, HOSPITALS; cohorts from the above list. The successful applicant will demonstrate DISABILITY-SERVICE ORGANIZATIONS; COMMUNITY- necessary pre-existing linkages to successfully work with the identi- BASED ORGANIZATIONS; CONSORTIA, GROUPS OR PART- fied cohorts. NERSHIPS AMONG ORGANIZATIONS Court Personnel Training APPROACH Organizations whose staff was involved in the development of this To increase available training, knowledge and awareness about the Request for Proposal are not eligible to directly apply or be included needs of those with ID/DD in the justice system, and to build overall as a sub-contractor for another applicant. systems capacity to work with and screen for individuals with ID/DD who become justice-involved, the New York State Developmental *Note: the lead applicant cannot be a for-profit organization; Disabilities Planning Council (DDPC) is seeking a qualified grant ap- however, for-profit organizations may serve as subcontractors to the plicant to: lead applicant. 1. Conduct a statewide needs assessment of judges, non-judicial To fund one grantee up to $100,000 per year for up to 3 years to staff and legal system professionals, probation staff, court staff, and create, pilot, and evaluate customizable training for Judges, attorneys, other key stakeholders on systemic training and advocacy needs in or- court officers, court clerks, and other non-judicial staff and legal der that the justice system is better equipped to meet the needs of system professionals about intellectual and developmental disabilities individuals with ID/DD. (ID/DD) and factors leading to involvement in the juvenile justice and criminal justice systems to increase staff knowledge to more ef- 2. Develop a New York State-specific disability awareness curricu- fectively respond to the needs of people with intellectual and develop- lum focused on screening, interacting with, and optimally serving mental disabilities. individuals ID/DD who become justice-involved. OVERVIEW 3. Implement a systems-level training and advocacy pilot in Years 2 and 3 of the project, employing people with ID/DD as paid trainers of Individuals with disabilities are more vulnerable in the criminal the program, to support the diversion of people with ID/DD from the justice system than individuals without disabilities. According to the justice system. Bureau of Justice Statistics, in 2012, about 2 out every 10 prisoners and 4 out of every 10 jail inmates reported having a cognitive disabil- Program Requirements and Scope of Work ity (BJS, 2012, Criminal Justice 3). Illustrative findings from the To fulfil the goals of the project, the DDPC will select a single “Equal Justice for People with Developmental Disabilities” initiative statewide entity to conduct a two-phased project. out of Pennsylvania identifies that “People with developmental dis- Phase I (Year 1) will entail: abilities encounter the criminal justice system in increasing numbers Conducting comprehensive research and analysis regarding exist- both as victims and witnesses of crime, and as alleged and convicted ing training for Judges, attorneys, court officers, court clerks, non- perpetrators of crime.” Literature also shows that the juvenile and judicial staff and legal system professionals, probation staff, and other criminal justice systems and personnel are often ill-equipped to ef- relevant stakeholders in New York, leading to the development of a fectively work with and meet the needs of people with intellectual and comprehensive training program for a systems-level training and developmental disabilities (ID/DD). advocacy pilot. Additionally, research on available training for judges, non-judicial A key objective of Phase I will be to gain a better understanding of staff and legal system professionals (prosecutors, defense attorneys) training and advocacy needs of justice and legal system professionals has identified that disability training for this audience is typically concerning people with ID/DD through sound research and qualitative limited in focus and does not adequately address the topic of develop- information gathering, and a literature review of training programs of- mental disabilities or how justice system professionals can most ef- fered in other states. fectively address the needs of individuals with ID/DD involved in the DDPC will require the selected grantee to gather information and justice system. identify the most effective intervention practices for individuals with Available training typically covers Americans with Disabilities Act ID/DD in the context of diversion of people with ID/DD from the provisions and accommodations, some general disability etiquette and justice system. DDPC expects the establishment of an advisory com- sensitivity content, and minimal specific information related to mittee, including people with ID/DD, to inform the content and individuals suffering from mental illness, intellectual disabilities, and implementation of the needs assessment and subsequent curriculum autism within the criminal justice system. development. Additional findings from DDPC staff outreach and research identi- As part of the needs assessment, DDPC will expect the grantee to fied a need and interest in training that was tailored to specific audi- conduct interviews and focus groups with identified stakeholders, as ences including but not limited to: well as individuals with ID/DD who have experience within the justice D Family court personnel system, to develop a comprehensive understanding of systemic needs. D Surrogate court personnel Phase II (Years 2-3) will entail:

71 Availability of Funds NYS Register/September 5, 2018

D Design and pilot a training curriculum tailored to at least (3) periodically for any amendments to the RFP. All changes will be applicant-identified cohorts including but not limited to: posted by September 24, 2018 at http://ddpc.ny.gov/ o judges council_funding_announcements_responsive. No other notifications o non-judicial staff and legal system professionals will be given. o family court personnel All final grant applications should be sent to Developmental Dis- abilities Planning Council, 99 Washington Ave., Suite 1230, Albany, o surrogate court personnel NY 12210 and to the attention of Sheila Carey, Executive Director, o civil and criminal court personnel; and must be received by the DDPC office by 3:00 pm on October 19, o probation staff 2018. No applications will be accepted after this deadline. o attorneys D Develop training-related materials and supplements (i.e. Power- Points, videos, handouts, training aids, webcasts, etc.) to support the training; D Deliver and evaluate trainings to identified cohorts, ensuring Developmental Disabilities Planning Council people with ID/DD are included as paid trainers; and (DDPC) D Using a grantee-designed protocol, evaluate The efficacy of the 99 Washington Ave., Suite 1230 training, and make continual improvements based on participant Albany, NY 12210 feedback and changing system’s needs; NONPROFIT ORGANIZATIONS;* PUBLIC OR PRIVATE INSTI- Based on the systems-level evaluation of outcomes and training TUTIONS, SUCH AS UNIVERSITIES, COLLEGES, HOSPITALS; improvements, successfully seek way to get the training approved and DISABILITY-SERVICE ORGANIZATIONS; COMMUNITY- certified for continuing education credits for the above-mentioned BASED ORGANIZATIONS; CONSORTIA, GROUPS OR PART- cohorts. NERSHIPS AMONG ORGANIZATIONS EXPECTED OUTCOMES AND DELIVERABLES: Rural CCO Peer-Led Outreach and Community Mapping Initia- D A justice-system level needs assessment identifying the systemic tive gaps of disability awareness and interaction. Organizations whose staff was involved in the development of this D Tailor Justice System disability awareness training curricula, Request for Proposal are not eligible to directly apply or be included including related instructional materials, tailored for the grantee- as a sub-contractor for another applicant. identified cohorts. *Note: the lead applicant cannot be a for-profit organization; D A companion guide to the core curriculum, including participant however, for-profit organizations may serve as subcontractors to the activities, supporting references, opportunities for ongoing learning, lead applicant. and additional resources. To fund one grantee up to $100,000 per year for up to 3 years to D Develop basic informal resources and quick guides for legal conduct peer-led outreach, community mapping, and coalition build- system professionals, to be broadly disseminated, including but not ing within OPWDD Region 2 that will inform the development of limited to: Administrative Directive Memorandum, policies, practices, and tools o Disability-related fact sheets (based upon identified needs) to improve service delivery and access to information for individuals o Pocket informational cards with intellectual and developmental disabilities (ID/DD) living in ru- o Develop a toolkit to support replication of effective practices, ral communities. scaling up, and tools and resources which are designed to support OVERVIEW long-term sustainability and integration of identified effective NYS Developmental Disabilities Planning Council (DDPC) staff components of the training. held a series or Rural Listening Sessions across New York State and D A sustainability plan, including the acceptance of the training as established a Rural Initiatives Workgroup to identify service gaps and an approved continuing education course for legal system profession- common barriers faced in rural communities by people with intel- als, that ensures the ongoing updates and necessary improvements to lectual and developmental disabilities (ID/DD). Prominent areas of the curriculum content and delivery methodology. need included a lack of service providers, issues in navigating the ser- *If an individual has an adverse reaction to the content or materials vice delivery system and gaining eligibility, significant travel times to involved in the project, the grantee assumes the responsibility of ensur- access services, and a lack of access to available timely information ing the individual is connected to appropriate supports and resources. and resources. As a part of DDPC’s outreach to un- and underserved communities throughout the state, the DDPC is prioritizing the The full RFP can be downloaded from http://ddpc.ny.gov/ establishment of effective solutions to improve access to services in council_funding_announcements_responsive rural communities. All interested applicants are REQUIRED to submit an electronic This initiative is especially timely because the New York State Of- Letter of Intent to [email protected] fice for People with Developmental Disabilities (OPWDD) is undergo- The one-page Letter of Intent is due by 3:00 pm on September 28, ing a major systems transformation to a care coordination model, and 2018 and must contain the following information: eventually a managed care model1, as of July 1, 2018. As New York D Name of DDPC Funding Opportunity State makes this transition, newly formed Coordinated Care Organiza- D Agency Name, Mailing Address and Website tions (CCOs) will serve an integral function in providing information D Primary Contact Person, Contact Address, Phone Number and and coordinating services for individuals with ID/DD throughout the Email Address state. D NYS Vendor Identification Number (10-digit number assigned by Prior to CCOs implementation, representatives from OPWDD had NYS. This is not the federal EIN or FEIN number conducted outreach with individuals with ID/DD, family members, D and service providers to provide information about managed care and One paragraph description of agency, and assess the concerns related to the transition. Findings from this D One paragraph description of proposed project. outreach have shown that individuals with ID/DD are concerned about Although a Letter of Intent is one of the Level I review require- a decreasing number of service providers to choose from and uncer- ments, the content does not enter into the score of a subsequent tainty regarding the scale and format of CCOs and how these changes application. The information that it contains assists the DDPC in will impact service coordination2. identifying the interest and potential applicant pool for this grant. In addition, along side the new role that the CCOs will play in care It is the applicant’s responsibility to check the DDPC website coordination, the extand barriers for individuals with ID/DD living in

72 NYS Register/September 5, 2018 Availability of Funds rural areas remain. A few such barriers include lack of housing, few D Produce a story map that indicates the deficits in services employment opportunities, insurmountable transportation barriers, throughout Region 2, as well as identifies the community hubs where and other persistent issues. For providers, an increasing number of mobile information units can most efficiently distribute information to agencies are experiencing increased Direct Support Professional self-advocates and families. (DSP) attrition, and the transition to CCOs could coincide with ser- D Maintain a compendium of the data collected throughout the dura- vice providers closing and/or being consolidated. Since most individu- tion of the project, the policies and recommendations drafted as a als with ID/DD living in rural communities have limited access to ser- result of data analysis, in addition to action plans and strategies to vices to begin with, the consolidation and transition in service increase opportunities for individuals living in rural areas. coordination will significantly impact individuals with ID/DD to inde- D Facilitate the establishment of mobile information units in order pendently live in rural, high-poverty communities. to meet individuals and families in the most advantageous locations As of January 1, 2019, OPWDD Region 2 (Region 2) is the largest throughout their communities and disseminate timely and relevant in- OPWDD region in terms of area, contains the largest number of rural formation regarding the OPWDD and related systems, as well as com- counties (14 Counties), and the largest number of counties (12 Coun- munity services and supports. ties) that are at or above the State Poverty Rate of 15.7%. The The selected grantee will create a final report outlining the state of combination of these geographic and economic barriers present sig- services within rural communities in Region 2, that: nificant service obstacles to serving individuals with ID/DD from rural and under-served communities during the transition to managed o Includes drafts of the Administrative Directive Memorandum care and CCOs, in addition to the various barriers individuals face to (ADM), policies, and best practices submitted to OPWDD and the fully participate in their communities. CCOs, aimed to improve service delivery and access to information for individuals living in rural communities to inform the future Previous initiatives and projects from the NYS DDPC and other development/consolidation of services and improve access and DD Councils have focused on improving service delivery outcomes coordination for people with and without ID/DD; through community mapping and information-sharing. In 2013, the NYS DDPC partnered with the New York State Council on Children o Highlights successful models in rural communities of OPWDD and Families (CCF) to develop the Multiple Systems Navigator Region 2 and the policies and practices that support service delivery, Website3. The goal of the website is to assist individuals with and coordination, and access to information on available services; without disabilities, family members, and service providers in o Identifies optimal locations for new service providers, specialized identifying and updating available services across multiple systems. services (e.g., culturally-competent services, specialty services), While these initiatives have increased access to service information and/or the consolidation of ID/DD-specific and non-ID/DD-specific and opportunities for public input, they do not include the opportunity services; for individuals with ID/DD to advocate on their own behalf, nor the o Includes action plans and strategies to increase the number of op- ability to participate in developing policies and procedures that would tions for individuals with ID/DD to receive services as well as to assist in accessing and receiving services in their community. As improve service delivery related to topics including, but not limited newly formed CCOs are developing a framework for service delivery, to: transportation barriers, barriers related to internet access, and individuals with ID/DD from rural, high-poverty communities in cultural/linguistic competency; and Region 2, have the opportunity to work with OPWDD, CCOs, com- o Provides recommendations and potential next steps that can munity service providers, and other relevant stakeholders to inform inform future DDPC work and piloting of services by CCOs. solutions and policies that will improve service delivery and informa- *If an individual has an adverse reaction to the content or materials tion access. involved in the project, the grantee assumes the responsibility of ensur- APPROACH ing the individual is connected to appropriate supports and resources. It is intended, through this initiative, that rural advocacy coalitions The full RFP can be downloaded from http://ddpc.ny.gov/ will be established throughout OPWDD Region 2, to provide a council_funding_announcements_responsive uniform mechanism for feedback and recommendations that will result All interested applicants are REQUIRED to submit an electronic in systems transformation and ultimately improve services and sup- Letter of Intent to [email protected] ports for individuals with intellectual and developmental disabilities. The one-page Letter of Intent is due by 3:00 pm on September 28, The Selected Grantee will: 2018 and must contain the following information: D Establish an Advisory Board consisting of individuals with ID/DD D Name of DDPC Funding Opportunity and other disabilities that live in rural communities throughout Region D Agency Name, Mailing Address and Website 2. Members of the Advisory Board will assist the Grantee in: D Primary Contact Person, Contact Address, Phone Number and o Determining outreach locations, Email Address o Developing outreach strategies and materials, D NYS Vendor Identification Number (10-digit number assigned by o Conducting the community mapping to better understand the NYS. This is not the federal EIN or FEIN number needs of various communities throughout Region 2, D One paragraph description of agency, and o Coordinating advocacy groups and in-person events in each D One paragraph description of proposed project. county throughout the region (minimum one event per county within the grant period) Although a Letter of Intent is one of the Level I review requirements, the content does not enter into the score of a subsequent o Establishing benchmarks and assessing project toward the application. The information that it contains assists the DDPC in finalization of project deliverables identifying the interest and potential applicant pool for this grant. o Establishing meaningful linkages to stakeholder groups It is the applicant’s responsibility to check the DDPC website o Curating feedback of stakeholder outreach and transforming these periodically for any amendments to the RFP. All changes will be data into practical recommendations for systems-level improvements posted by September 24, 2018 at http://ddpc.ny.gov/ D Conduct outreach to community members and individuals with council_funding_announcements_responsive. No other notifications ID/DD, community stakeholders, service providers, OPWDD and will be given. other government agencies to collect information on barriers to ac- All final grant applications should be sent to Developmental Dis- cessing services and available community assets. abilities Planning Council, 99 Washington Ave., Suite 1230, Albany, D Develop print and online tools and resources that CCOs and ser- NY 12210 and to the attention of Sheila Carey, Executive Director, vice providers can use to communicate choices in available services, and must be received by the DDPC office by 3:00 pm on October 19, supports, and other opportunities for people with ID/DD in their 2018. No applications will be accepted after this deadline. communities. ——————————— 73 Availability of Funds NYS Register/September 5, 2018

1 Managed Care: a healthcare plan or system that seeks to control Exploring innovative transportation solutions to support community medical costs by contracting with a network of providers. participation 2 DDPC Council Meeting (February 22, 2018). APPROACH 3 http://www.msnavigator.org/ In an effort to improve identified barriers and gaps, DDPC is issu- ing competitive RFP process to select one grantee to: 1. Develop, administer, and evaluate a mini-grant program focused on high-poverty, rural counties in year 1, and expanding to include high-poverty urban counties in years 2-3 of the bi-annual (two rounds, Developmental Disabilities Planning Council annually) mini-grants series to address the social isolation needs of (DDPC) people with ID/DD, and other disabilities across the life span; 99 Washington Ave., Suite 1230 2. Provide technical assistance (TA) to mini-grant recipients and Albany, NY 12210 other stakeholders within the selected counties, on an ongoing basis throughout the duration of the grant, to support these community- NONPROFIT ORGANIZATIONS;* PUBLIC OR PRIVATE INSTI- based organizations manage the social opportunities program they TUTIONS, SUCH AS UNIVERSITIES, COLLEGES, HOSPITALS; propose, develop non-traditional partnerships, leverage community DISABILITY-SERVICE ORGANIZATIONS; COMMUNITY- resources, and seek sustained sources of funding; and BASED ORGANIZATIONS; CONSORTIA, GROUPS OR PART- 3. Support organizational recipients of mini-grants to scale up their NERSHIPS AMONG ORGANIZATIONS into sustainable opportunities and community resources that remain in Social Opportunities Initiative place beyond DDPC funding. Organizations whose staff was involved in the development of this It is expected that the prospective grantee will hold two (2) rounds Request for Proposal are not eligible to directly apply or be included of mini-grants each year. A minimum of $100,000 of the annual al- as a sub-contractor for another applicant. location must be allocated to the mini-grants themselves to cover *Note: the lead applicant cannot be a for-profit organization; direct program costs, with more competitive proposals being those however, for-profit organizations may serve as subcontractors to the that maximize the amount of funding going toward community-based lead applicant. mini-grants programs (up to a maximum of $150,000 of the yearly allocation). Remaining annual allocations will be used by the grantee To fund one grantee up to $250,000 per year for up to 3 years to to support the TA activities of the grant. develop, pilot, and evaluate a mini-grant program model which supports community based social opportunities for people with intel- The mini-grant procedure will be defined by the grantee, but should lectual, developmental (ID/DD) and other disabilities living in rural incorporate a mechanism for the ranking of competitively issued and urban communities with high rates of poverty and disparate ac- proposals to community-based organizations to support the develop- cess to social opportunities and other community resources. ment of innovative, inclusive, and integrated “Community-based Socialization Opportunities” for people ID/DD, and other disabilities OVERVIEW and peers with and without disabilities in rural and urban counties Individuals with intellectual, developmental disabilities (ID/DD) demonstrating need. and other disabilities face significant barriers participating in social opportunities within their communities. This lack of social engage- SCOPE OF WORK ment results in less robust social networks and increased social Under the proposed framework, DDPC is mirroring effective grant isolation. practices from JP Morgan Chase, the New York State Rural Health Consequently, individuals with ID/DD experience a lack of social Network, New York State Rural Education Advisory Committee skills training opportunities (e.g., communications, etiquette, and (REAC), and other grant making organizations. These entities encour- social behaviors) and a limited number of opportunities to build upon age the use of county-based data and other evidence to define local and practice those same skills. Existing programs that attempt to ad- problems, form non-traditional partnerships, and encourage creative dress these barriers primarily target students transitioning from high community capacity building, innovation, and sustainability. school. However, research indicates that individuals across the The mini-grant program will operate in at least two grant cycles, lifespan have a need for these opportunities. per year, for a maximum of 3 years to counties which show the high- A more extensive review of literature on the topic of social-skills est rates of need and effective ways to maximize the impact and reach programs, training, and social and emotional learning programs identi- of the mini-grant funding. fied that successful programs and initiatives: The prospective grantee will define the mini-grant application, 1. Support an individual to develop independence and autonomy; selection, and administration process, but selection criteria for the 2. Support an individual to feel connections and feel acceptance mini-grants should minimally include but not be limited to organiza- from peers; and tions that: 3. Support skill development and achievement, and to foster com- – Demonstrate sufficient support from the principal organizational mitment toward a community or service goal, have shown promising leaders; success in addition to skill building around communication, problem- – Possess evidence of local partnerships with clear and meaningful solving and decision making, assertion, peer and group interaction. involvement in planning, as well as specific individual or joint respon- Individuals with ID/DD living in un- and underserved communities sibilities for program implementation; face increased barriers when seeking social opportunities. Many of – Have a robust group of volunteers/staff that will facilitate program these communities have trouble not only retaining essential services, operation and events; but also supporting social and recreational services for individuals – Are located in a community that demonstrates need for the with developmental and other disabilities due to lack of funding, scant proposed activities; existing community resources, transportation, among other difficulties. – Have knowledge of and connections to the local community The DDPC is pursuing community-based initiatives that target un- including awareness of culturally and linguistically under-served and underserved rural and urban communities throughout New York groups; State, and that are sustainable and can be replicated in other communi- – Are community-based organizations and facilitate and support ties that meet or exceed the NY State Poverty Rate. inclusive social, recreational, community-service and volunteer op- The New York State Developmental Disabilities Planning Council portunities for people with ID/DD and other disabilities and their (DDPC) is seeking projects that prioritize: peers; D Reducing social isolation and developing social opportunities; – Have demonstrated support to individuals with ID/DD in forming D Supporting development of social skills, soft skills and prevoca- friendships and engaging in meaningful community-based activities; tional skills; and and

74 NYS Register/September 5, 2018 Availability of Funds

– Assist people with ID/DD and other disabilities gain indepen- All final grant applications should be sent to Developmental Dis- dence and the skills needed to effectively engage with their peers and abilities Planning Council, 99 Washington Ave., Suite 1230, Albany, broader community. NY 12210 and to the attention of Sheila Carey, Executive Director, Example mini-grant programs and activities may include but not be and must be received by the DDPC office by 3:00 pm on October 19, limited to: 2018. No applications will be accepted after this deadline. D Weekly inclusive, integrated Friday evening recreation programs for youth and adults with ID/DD other disabilities and their peers; D Programs offering multiple inclusive activities (i.e. sports, arts, crafts, cooking, etc.); D Inclusive Music-based and art-based activities; Division of Homeland Security and Emergency D Literacy Enrichment Activities including partnerships between Services literacy, recreation, and leisure organizations (e.g. Literacy Collations, 1220 Washington Ave. Libraries, Parks and Recreation Departments); State Campus, Bldg. 7A D Unified sports opportunities made up of people of similar age and ability; Albany, NY 12242 D Inclusive adapted sports (i.e. basketball, cycling, cross-country ORGANIZATIONS THAT ARE LOCATED WITHIN AND SERVE skiing, curling, sled hockey, martial arts, yoga); THE STATE OF NEW YORK D Opportunities which incorporate pre-vocational activities, youth Fiscal Year 2018-19 Recruitment and Retention Grant Program leadership, and advocacy; Fiscal Year 2018-19 Recruitment and Retention Grant Program D Community service and volunteer opportunities which are peer seeks applications for up to $25,000 in funding made available by the led, peer-designed, and focus on a clearly defined rural/urban barrier; NYS Division of Homeland Security and Emergency Services D Outdoor and wilderness-based activities; (DHSES). Funding to support this program is made available through D Fitness-based activities; section 99-q of the State Finance Law. This grant opportunity is D Music-based and art-based activities; designed to support the recruitment and retention of volunteer D Literacy enrichment activities; and firefighters and emergency services personnel by promoting the D development of, or support existing, regional recruitment and reten- Community service and volunteer opportunities. tion efforts. Technical assistance to organizations receiving the mini-grants Organizations that are located within, and serve the State of New would include: York are eligible to apply. Eligible organizations include: volunteer D At least one webinar every 3 months about key issues which sup- fire companies or fire departments, municipalities and/or fire districts port successful implementation and scaling up (i.e. non-traditional acting on behalf of fire departments, fire companies and/or emergency partnership development, coalition-building, and fiscal/ programmatic services organizations operating under the authority of that municipal- sustainability); ity or district and comprised of 50% or more volunteers; volunteer D Provision of consultation and guidance to recipients of the mini- emergency medical service organizations or statewide organizations grants about implementing the program(s), scaling up and long term- representing volunteer firefighters and emergency service personnel. sustainability; The program’s primary objectives are to support organizational D Working with the mini-grant recipients to address any lack of leadership development through education and training and to develop progress in the program(s) or activities that may be identified by and implement recruitment and retention programs and materials. consultation and TA or the DDPC; and Applications will be accepted through 5:00PM on September 14, D Provision of tools and resources which support the objectives and 2018 through the New York State’s Division of Homeland Security sustainability of the initiative. and Emergency Services’ (NYS-DHSES) electronic grants manage- *If an individual has an adverse reaction to the content or materials ment system (E-Grants). For the Request for Applications (RFA) involved in the project, the grantee assumes the responsibility of ensur- please visit the DHSES website: http://www.dhses.ny.gov/ofpc/ ing the individual is connected to appropriate supports and resources. recruit-retain-grant/ or contact the DHSES’s Grant Hotline at (866) The full RFP can be downloaded from http://ddpc.ny.gov/ 837-9133. council_funding_announcements_responsive All interested applicants are REQUIRED to submit an electronic Letter of Intent to [email protected] The one-page Letter of Intent is due by 3:00 pm on September 28, 2018 and must contain the following information: D Name of DDPC Funding Opportunity D Agency Name, Mailing Address and Website D Primary Contact Person, Contact Address, Phone Number and Email Address D NYS Vendor Identification Number (10-digit number assigned by NYS. This is not the federal EIN or FEIN number D One paragraph description of agency, and D One paragraph description of proposed project. Although a Letter of Intent is one of the Level I review requirements, the content does not enter into the score of a subsequent application. The information that it contains assists the DDPC in identifying the interest and potential applicant pool for this grant. It is the applicant’s responsibility to check the DDPC website periodically for any amendments to the RFP. All changes will be posted by September 24, 2018 at http://ddpc.ny.gov/ council_funding_announcements_responsive. No other notifications will be given.

MISCELLANEOUS NOTICES/HEARINGS

Notice of Abandoned Property Office of Fire Prevention and Control 1220 Washington Ave. Received by the State Comptroller Bldg. 7A, Fl. 2 Pursuant to provisions of the Abandoned Property Law and related Albany, NY 12226 laws, the Office of the State Comptroller receives unclaimed monies Objections must be received by the State Fire Administrator within and other property deemed abandoned. A list of the names and last sixty days of the date of publication of this notice. known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the In cases where an objection is properly filed, the State Fire Admin- Abandoned Property Law. Interested parties may inquire if they ap- istrator shall have the authority to grant a waiver upon consideration pear on the Abandoned Property Listing by contacting the Office of of (1) the difficulty of the fire company or district in retaining and Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 recruiting adequate personnel; (2) any alternative means available to p.m., at: the fire company or district to address such difficulties; and (3) the impact of the waiver on adjacent fire departments. 1-800-221-9311 or visit our web site at: For further information, please contact: Chief John Gilmore, State www.osc.state.ny.us of New York, Office of Fire Prevention and Control, 1220 Washington Claims for abandoned property must be filed with the New York Ave., Bldg. 7A, Fl. 2, Albany, NY 12226, (518) 474-6746, State Comptroller’s Office of Unclaimed Funds as provided in Section [email protected] 1406 of the Abandoned Property Law. For further information contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State PUBLIC NOTICE St., Albany, NY 12236. Department of State F-2018-0149 PUBLIC NOTICE Date of Issuance – September 5, 2018 Department of Civil Service The New York State Department of State (DOS) is required by PURSUANT to the Open Meetings Law, the New York State Civil Federal regulations to provide timely public notice for the activities Service Commission hereby gives public notice of the following: described below, which are subject to the consistency provisions of Please take notice that the regular monthly meeting of the State the Federal Coastal Zone Management Act of 1972, as amended. Civil Service Commission for September 2018 will be conducted on The applicant has certified that the proposed activities comply with September 18 and September 19 commencing at 10:00 a.m. This meet- and will be conducted in a manner consistent to the maximum extent ing will be conducted at NYS Media Services Center, Suite 146, South practicable with the federally approved New York State Coastal Concourse, Empire State Plaza, Albany, NY with live coverage avail- Management Program (NYSCMP). The applicant’s consistency certi- able at https://www.cs.ny.gov/commission/. fication and accompanying public information and data are available For further information, contact: Office of Commission Opera- for inspection at the New York State Department of State offices lo- tions, Department of Civil Service, Empire State Plaza, Agency Bldg. cated at One Commerce Plaza, 99 Washington Avenue, in Albany, 1, Albany, NY 12239, (518) 473-6598 New York. In F-2018-0149, the applicant, Extell Hudson River Waterfront Development, LLC, proposes to construct a mixed-use redevelopment PUBLIC NOTICE of an underutilized waterfront site along the eastern shoreline of the Office of Fire Prevention and Control Hudson River in the City of Yonkers, Westchester County, NY. The Pursuant to Section 176-b of the Town Law, the Office of Fire Extell Waterfront Development site (“the Project site”) is located at 42 Prevention and Control hereby gives notice of the following: Water Grant Street, Yonkers. The Project entails the redevelopment of Application for Waiver of the Limitation on Non-resident Members the former “BICC” and “Excelsior Bag” sites, encompassing 21.54 of Volunteer Fire Companies acres, on Alexander Street and anticipates creation of a new waterfront neighborhood with amenities serving the Yonkers community. An application for a waiver of the requirements of paragraph a of The site is currently vacant except for the presence of a single 29,700 subdivision 7 of section 176-b of the Town Law, which limits the square foot structure (the former “EPRI building and known as the membership of volunteer fire companies to forty-five per centum of “EPRI slab”) historically utilized as a research facility for the electric the actual membership of the fire company, has been submitted by the industry. The building will be removed and the slab is proposed to Forks Fire District No. 3 Town of Cheektowaga, County of Erie. remain with the surface to be improved as a new public space with ac- Pursuant to section 176-b of the Town Law, the non-resident cessways from a new waterfront esplanade. Proponents of the develop- membership limit shall be waived provided that no adjacent fire ment project advance that the Project is consistent with goals set forth department objects within sixty days of the publication of this notice. in the 2008 City of Yonkers Alexander Street Urban Renewal Plan and Objections shall be made in writing, setting forth the reasons such the Alexander Street Master Plan. waiver should not be granted, and shall be submitted to: The larger upland development proposes approximately 1,378 units Francis J. Nerney, Jr. of rental housing, 52,000 square feet of retail space, and 1,383 parking State Fire Administrator spaces with construction of six (6) seven-story buildings and (1) State of New York twenty-story building. In accordance with City of Yonkers require-

77 Miscellaneous Notices/Hearings NYS Register/September 5, 2018 ments, 10% of the units in each building will be designed as afford- Any interested parties and/or agencies desiring to express their able housing. views concerning the above proposed activities may do so by filing The Project significantly includes waterfront plans to construct their comments, in writing, no later than 4:30 p.m., 15 days from the 2,825 feet of publicly accessible esplanade which would also serve as date of publication of this notice, or, September 20, 2018. an emergency access route. The esplanade would be supported Comments should be addressed to: Consistency Review Unit, partially over the open waters of the Hudson River with 308 concrete Department of State, Planning, Development and Community Infra- piles. Additional features, proposed over water or tidal mudflat areas, structure, One Commerce Plaza, 99 Washington Ave., Albany, NY include two public accessways and gangways to the EPRI slab which, 12231, (518) 474-6000, Fax (518) 473-2464 Electronic submissions as it exists, occupies over water space, and a new Building A, pile sup- can be made by email at: [email protected] ported structure. Building A would overhang a tidally influenced This notice is promulgated in accordance with Title 15, Code of mudflat which was created during remedial activities associated with Federal Regulations, Part 930. former brownfield cleanup activities. The total proposed area of over- water or over-tidal mudflat features encompasses 54,067 square feet of space. This section of the Hudson River is a state-designated Sig- PUBLIC NOTICE nificant Coastal Fish and Wildlife Habitat (SCFWH) – the Lower Department of State Hudson Reach. F-2018-0429 Further Project elements include repair of 1,965 linear feet of rip Date of Issuance – September 5, 2018 rap shoreline with an elevation of the shoreline to +10.0 feet. No rip rap is proposed below spring high water; planting of the rip rap with The New York State Department of State (DOS) is required by native species; installation of (6) stormwater outfalls with separate Federal regulations to provide timely public notice for the activities stormwater collection systems; and installation of 1,395 feet of new described below, which are subject to the consistency provisions of bulkhead within 24” seaward of an existing deteriorated bulkhead the Federal Coastal Zone Management Act of 1972, as amended. along the shoreline of the planned Building A. The applicant has certified that the proposed activity complies with Any interested parties and/or agencies desiring to express their and will be conducted in a manner consistent with the approved New views concerning any of the above proposed activities may do so by York State Coastal Management Program. The applicant’s consis- filing their comments, in writing, no later than 4:30 p.m., 15 days from tency certification and accompanying public information and data are the date of publication of this notice or September 20, 2018. available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Comments should be addressed to: Department of State, Office of Albany, New York. Electronic copies of the submission can also be Planning and Development and Community Infrastructure, Consis- downloaded at: http://www.dos.ny.gov/opd/programs/pdfs/ tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Consistency/F-2018-0429ForPN.pdf. Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464 Com- ments can also be submitted electronically via e-mail to: Gary Madison is proposing to install stone breakwall consisting of [email protected] 24” diameter (< 1 ton) toe stone and 6-10” riprap placed over geotextile fabric on a 1:2 slope along 85 linear feet of shoreline. The This notice is promulgated in accordance with Title 15, Code of activity is proposed to occur at the applicant’s property at on Sodus Federal Regulations, Part 930. Bay at 9450 Sunset View Road in the Town of Huron, Wayne County. The stated purpose of the project is to protect the property from ero- PUBLIC NOTICE sion due to high water. Department of State Any interested parties and/or agencies desiring to express their F-2018-0278 views concerning any of the above proposed activities may do so by Date of Issuance – September 5, 2018 filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice or September 20, 2018. The New York State Department of State (DOS) is required by Comments should be addressed to: Consistency Review Unit, Federal regulations to provide timely public notice for the activities Department of State, Office of Planning and Development, One Com- described below, which are subject to the consistency provisions of merce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, the Federal Coastal Zone Management Act of 1972, as amended. Fax (518) 473-2464 Electronic submissions can be made by email at: The applicant has certified that the proposed activity complies with [email protected] and will be conducted in a manner consistent with the approved New This notice is promulgated in accordance with Title 15, Code of York State Coastal Management Program. The applicant’s consis- Federal Regulations, Part 930. tency certification and accompanying public information and data are available for inspection on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- PUBLIC NOTICE 2018-0278HallockBulkheadDredging.pdf Department of State In F-2018-0278, or the “Hallock Bulkhead Replacement/ F-2018-0522 Realignment & Dredging”, the applicant – Larry Hallock – proposes Date of Issuance – September 5, 2018 to replace in place a navy vinyl approximately 563 linear feet of bulkhead. In addition, the applicant proposes to remove 77 linear feet The New York State Department of State (DOS) is required by of bulkhead, excavate behind 77 feet portion of bulkhead to -4 feet Federal regulations to provide timely public notice for the activities MLW and use 145 cubic yards of excavated material as backfill. A described below, which are subject to the consistency provisions of new 90 linear feet of new navy vinyl bulkhead will be placed landward the Federal Coastal Zone Management Act of 1972, as amended. of the removed 77 linear foot bulkhead. Also, 8 foot returns are The applicant has certified that the proposed activity complies with proposed at both property lines. Dredging will be 10 feet seaward to and will be conducted in a manner consistent with the approved New -4 feet MLW and the resultant 24 cubic yards of spoil will be used as York State Coastal Management Program. The applicant’s consis- backfill behind the 90 linear foot bulkhead. The existing 4 feet x 58 tency certification and accompanying public information and data are feet timber walk, 4 feet x 20 feet walk and 4 feet x 26 feet walk will be available for inspection at the New York State Department of State of- removed and replaced. An additional 4 feet x 15 feet walk will be fices located at One Commerce Plaza, 99 Washington Avenue, in constructed along with the installation of 6 mooring poles. The project Albany, New York. Electronic copies of the submission can also be is located at 122 South Penataquit Avenue in the Town of Islip, Suf- downloaded at: http://www.dos.ny.gov/opd/programs/pdfs/ folk County, New York on Penataquit Creek. The stated purpose of the Consistency/F-2018-0522ForPN.pdf. project is for “erosion control and to provide safe mooring of private Rick Marcantonio is proposing to install stone breakwall measuring recreational vessels”. approximately 93’x6’x3’ using approximately 100 tons of 1-2 ton toe

78 NYS Register/September 5, 2018 Miscellaneous Notices/Hearings stone and 12-18” riprap placed over geotextile fabric on a 1:2 slope. cated at One Commerce Plaza, 99 Washington Avenue, in Albany, The activity is proposed to occur at the applicant’s property at on New York. Sodus Bay at 9440 Sunset View Road in the Town of Huron, Wayne In F-2018-0826 (FA), the New York State Division of Homeland County. The stated purpose of the project is to protect the property from erosion due to high water. Security and Emergency Services (DHSES), as the applicant for di- saster relief funds available from the U.S. Department of Homeland Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by Security’s Federal Emergency Management Agency (FEMA), is filing their comments, in writing, no later than 4:30 p.m., 15 days from proposing to provide financial assistance to assist the Sea Gate Com- the date of publication of this notice or September 20, 2018. munity of Brooklyn, Kings County, NY to implement the “Seagate Comments should be addressed to: Consistency Review Unit, Community Bulkhead Project”. The Sea Gate Community, is an Department of State, Office of Planning and Development, One Com- eligible sub-recipient of these funds through FEMA’s Hazard Mitiga- merce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, tion Grant Program (HMGP). Fax (518) 473-2464 Electronic submissions can be made by email at: The sub-recipient proposes to replace the bulkhead that was [email protected] destroyed by Hurricane Sandy within the project limits. The installa- This notice is promulgated in accordance with Title 15, Code of tion of the proposed bulkhead will result in a continuous line of protec- Federal Regulations, Part 930. tion measures that provide protection to a minimum of elevation 11.0 NAVD 88 (2% annual or 50-year flood event). The project would be implemented as seven sections of bulkhead along the Sea Gate Com- PUBLIC NOTICE munity’s western and southern shores. The structures are to be located Department of State landward of the mean high water line and will connect with the exist- F-2018-0752 ing sections. Date of Issuance – September 5, 2018 Any interested parties and/or agencies desiring to express their The New York State Department of State (DOS) is required by views concerning any of the above proposed activities may do so by Federal regulations to provide timely public notice for the activities filing their comments, in writing, no later than 4:30 p.m., 15 days from described below, which are subject to the consistency provisions of the date of publication of this notice or September 20, 2018. the Federal Coastal Zone Management Act of 1972, as amended. Comments should be addressed to: Department of State, Office of The applicant has certified that the proposed activity complies with Planning and Development and Community Infrastructure, Consis- and will be conducted in a manner consistent with the approved New tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington York State Coastal Management Program. The applicant’s consis- Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464 Com- tency certification and accompanying public information and data are ments can also be submitted electronically via e-mail to: available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in [email protected] Albany, New York. Electronic copies of the submission can also be This notice is promulgated in accordance with Title 15, Code of downloaded at: http://www.dos.ny.gov/opd/programs/pdfs/ Federal Regulations, Part 930. Consistency/F-2018-0752ForPN.pdf. Richard J. Devine. is proposing to add eight (8) inches of crushed PUBLIC NOTICE stone and four (4) inches of top soil to a 113 foot by 36 foot area. The Department of State area of proposed fill is regulated under Article 24 (Freshwater Wetland) of New York State Environmental Conservation Law (ECL) Uniform Code Variance / Appeal Petitions and as a wetland under Section 404 of the Federal Clean Water Act Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions (CWA). The proposed activity is to occur at the applicant’s property at below have been received by the Department of State. Unless other- 47 Sandy Pond Inlet in the Town of Sandy Creek, Oswego County. wise indicated, they involve requests for relief from provisions of the Any interested parties and/or agencies desiring to express their New York State Uniform Fire Prevention and Building Code. Persons views concerning any of the above proposed activities may do so by wishing to review any petitions, provide comments, or receive actual filing their comments, in writing, no later than 4:30 p.m., 30 days from notices of any subsequent proceeding may contact Brian Tollisen or the date of publication of this notice or October 5, 2018. Neil Collier, Building Standards and Codes, Department of State, One Comments should be addressed to: Consistency Review Unit, Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Department of State, Office of Planning and Development, One Com- 4073 to make appropriate arrangements. merce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, 2018-0359 Matter of 4400 North French Road located at 4400 North Fax (518) 473-2464. Electronic submissions can be made by email at: French Road, Town of Amherst (Erie County), NY, For a variance [email protected] concerning Base Flood Elevation. (Routine Variance). This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930. PUBLIC NOTICE PUBLIC NOTICE Department of State Department of State Uniform Code Variance / Appeal Petitions F-2018-0826 (FA) Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions Date of Issuance – September 05, 2018 below have been received by the Department of State. Unless otherwise indicated, they involve requests for relief from provisions of the The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities New York State Uniform Fire Prevention and Building Code. Persons described below, which are subject to the consistency provisions of wishing to review any petitions, provide comments, or receive actual the Federal Coastal Zone Management Act of 1972, as amended. notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent to the maximum extent Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- practicable with the federally approved New York State Coastal 4073 to make appropriate arrangements. Management Program (NYSCMP). The applicant’s consistency certi- 2018-0379 Matter of The White Building located at 298 Main fication and accompanying public information and data are available Street, City of Buffalo (Erie County), NY, For a variance concerning for inspection at the New York State Department of State offices lo- property line distance. (Routine Variance).

79 Miscellaneous Notices/Hearings NYS Register/September 5, 2018

PUBLIC NOTICE 2018-0390 Matter of 71 Thurbury Drive, located at 71 Thurbury Department of State Drive, Town of Amherst (Erie County), NY, For a variance concerning Uniform Code Variance / Appeal Petitions Base Flood Elevation. (Routine Variance). Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. Unless other- PUBLIC NOTICE wise indicated, they involve requests for relief from provisions of the Department of State New York State Uniform Fire Prevention and Building Code. Persons Uniform Code Variance / Appeal Petitions wishing to review any petitions, provide comments, or receive actual Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions notices of any subsequent proceeding may contact Brian Tollisen or below have been received by the Department of State. Unless other- Neil Collier, Building Standards and Codes, Department of State, One wise indicated, they involve requests for relief from provisions of the Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- New York State Uniform Fire Prevention and Building Code. Persons 4073 to make appropriate arrangements. wishing to review any petitions, provide comments, or receive actual 2018-0385 Matter of Rosanna Elizabeth Visual and Performing Arts notices of any subsequent proceeding may contact Brian Tollisen or Center, located at 467 Richmond Avenue, City of Buffalo (Erie Neil Collier, Building Standards and Codes, Department of State, One County), NY, For a variance concerning egress window sill height. Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- (Routine Variance). 4073 to make appropriate arrangements. 2018-0391 In the matter of C. Hamilton Properties, LLC, Christian PUBLIC NOTICE Hamilton, 78 Court Street, Utica, NY for Vahid Smajlovic, for a vari- Department of State ance concerning requirements for a fire rated cellar ceiling. Uniform Code Variance / Appeal Petitions Involved is an existing Multiple Residence occupancy, three stories in height, located at 917 Mary Street, City of Utica, County of Oneida, Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions New York. 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 PUBLIC NOTICE wishing to review any petitions, provide comments, or receive actual Susquehanna River Basin Commission notices of any subsequent proceeding may contact Brian Tollisen or Commission Meeting; Correction Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- SUMMARY: The Susquehanna River Basin Commission published 4073 to make appropriate arrangements. a document in the Federal Register of August 8, 2018, concerning its regular business meeting on September 7, 2018, in Binghamton, New 2018-0388 Matter of Hidden Valley Schoolhouse, located at 9107 York. The document was missing an agenda item. Ricketts Road, Town of Sparta (Livingston County), NY, For a variance concerning Electrical and Plumbing Requirements. (Routine FOR FURTHER INFORMATION CONTACT: Gwyn Rowland, Variance). Manager, Governmental & Public Affairs, 717-238-0423, ext. 1316. Correction PUBLIC NOTICE In the Federal Register of August 8, 2018, in FR Doc. 83-153, on page 39148, in the third column, correct the “Supplementary Informa- Department of State tion” caption to read: Uniform Code Variance / Appeal Petitions SUPPLEMENTARY INFORMATION: The business meeting will Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions include actions or presentations on the following items: below have been received by the Department of State. Unless other- (1) informational presentation of interest to the upper Susquehanna wise indicated, they involve requests for relief from provisions of the River region; (2) release of proposed rulemaking and policies for pub- New York State Uniform Fire Prevention and Building Code. Persons lic comment; (3) revisions to financial instruments and policies; (4) wishing to review any petitions, provide comments, or receive actual ratification/approval of contracts/grants; (5) a report on delegated notices of any subsequent proceeding may contact Brian Tollisen or settlements; (6) a proposed consumptive use mitigation project lo- Neil Collier, Building Standards and Codes, Department of State, One cated in Conoy Township, Lancaster County, Pa.; (7) Regulatory Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Program projects; and (8) Lycoming County Water and Sewer Author- 4073 to make appropriate arrangements. ity request for a waiver of 18 CFR § 806.31(b). 2018-0389 In the matter of Enrique and Melynda Wissar, 106 First Regulatory Program projects and the consumptive use mitigation Street, Ithaca, NY concerning fire safety requirements including a project listed for Commission action are those that were the subject of variance for reduction in required height of existing handrails and a public hearing conducted by the Commission on August 2, 2018, guardrails. and identified in the notice for such hearing, which was published in Involved is the certificate of compliance inspection of an existing 83 FR 31439, July 5, 2018. residential occupancy, two stories in height, located at 106 First Street, The public is invited to attend the Commission’s business meeting. City of Ithaca, County of Tompkins, New York. Comments on the Regulatory Program projects and the consumptive use mitigation project were subject to a deadline of August 13, 2018. PUBLIC NOTICE Written comments pertaining to other items on the agenda at the busi- Department of State ness meeting may be mailed to the Susquehanna River Basin Com- mission, 4423 North Front Street, Harrisburg, Pennsylvania 17110- Uniform Code Variance / Appeal Petitions 1788, or submitted electronically through www.srbc.net/about/ Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions meetings-events/business-meeting.html. Such comments are due to below have been received by the Department of State. Unless other- the Commission on or before August 31, 2018. Comments will not be wise indicated, they involve requests for relief from provisions of the accepted at the business meeting noticed herein. New York State Uniform Fire Prevention and Building Code. Persons AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts wishing to review any petitions, provide comments, or receive actual 806, 807, and 808. notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Dated: August 16, 2018. Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Stephanie L. Richardson, 4073 to make appropriate arrangements. Secretary to the Commission.