New York State Department of State

March 13, 2019 DEPARTMENT OF STATE Vol. XLI Division of Administrative Rules Issue 11 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Home and Community Based Services D Notice of Intent to Submeter Electricity D Transfer of Street Lighting Facilities

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 45 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 May 12, 2019 – the 45-day period expires on April 27, 2019 – the 30-day period expires on April 12, 2019 ANDREW M. CUOMO GOVERNOR

ROSSANA ROSADO SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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

To be considered, comments 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 45-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:

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New York State Register March 13, 2019/Volume XLI, Issue 11

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 Labor, Department of 1 / Notice of expiration People with Developmental Disabilities, Ofﬁce for 1 / Home and Community Based Services (P) Public Service Commission 3 / Notice of withdrawal 3 / Notice of Intent to Submeter Electricity (P) 4 / Transfer of Street Lighting Facilities (P) 4 / Notice of Intent to Submeter Electricity (P) Hearings Scheduled for Proposed Rule Makings / 5 Action Pending Index / 7

Advertisements for Bidders/Contractors 51 / Sealed Bids

Miscellaneous Notices/Hearings 55 / Notice of Abandoned Property Received by the State Comptroller 55 / Notice of Public Hearing 55 / Public Notice

RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists Purpose: Establishes a regulatory framework for delivery and support of of 13 characters. For example, the I.D. No. AAM-01-96- HCBS in a way that encourages and supports the service recipient. Text of proposed rule: Subpart 636-2 Home and Community Based Ser- 00001-E indicates the following: vices and Settings Requirements, Effective October 1, 2021 636-2.1 Applicability AAM -the abbreviation to identify the adopting agency (a) This Subpart applies to the following services and settings: 01 -the State Register issue number (1) Medicaid Home and Community Based Services (HCBS) that are 96 -the year operated, certified, funded, authorized, approved, or subject to oversight by OPWDD and/or its authorized provider(s), except those services identi- 00001 -the Department of State number, assigned upon fied in subdivision 636-2.1(b); and receipt of notice. (2) Settings where HCBS are delivered, except those settings identified in subdivision 636-2.1(b). E -Emergency Rule Making—permanent action (b) This Subpart does not apply to HCBS Respite services and settings not intended (This character could also be: A (see subdivisions 635-10.4(g) and 635-10.5(h) of this Title). for Adoption; P for Proposed Rule Making; RP 636-2.2 Background and Intent (a) It is the intent of this Subpart to require Medicaid Home and Com- for Revised Rule Making; EP for a combined munity Based Services (HCBS) that are operated, certified, funded, autho- Emergency and Proposed Rule Making; EA for rized, approved, or subject to oversight by OPWDD, and/or an OPWDD an Emergency Rule Making that is permanent authorized provider, to be delivered in integrated settings that do not isolate individuals receiving Medicaid HCBS from the broader community and does not expire 90 days after filing.) of people not receiving Medicaid HCBS. Italics contained in text denote new material. Brackets (b) HCBS supports and services must encourage individuals to take part in the broader community in a way that is meaningful to the individ- indicate material to be deleted. ual, in accordance with: (1) a person-centered service plan developed, implemented, and reviewed in compliance with Subpart 636-1 of this Part; (2) applicable HCBS requirements in Subpart 635-10 of this Title; and Department of Labor (3) sections 636-2.3, 636-2.4, and 636-2.5 of this Subpart. 636-2.3. Definitions (a) Broader community. Community settings that are used by the general public, where individuals have opportunities to interact with people NOTICE OF EXPIRATION who do not have disabilities, do not receive Medicaid HCBS, and are not The following notice has expired and cannot be reconsidered un- paid to provide services to individuals. less the Department of Labor publishes a new notice of proposed rule (b) Heightened scrutiny. Review of a setting presumed to be isolating making in the NYS Register. and/or having institutional qualities because it is: (1) located in a building that is also a publicly or privately-operated Employee Scheduling (Call-in-Pay) facility that provides inpatient institutional treatment; (2) in a building on the grounds of, or immediately adjacent to, a I.D. No. Proposed Expiration Date public institution; or LAB-47-17-00011-RP November 22, 2017 February 20, 2019 (3) any other setting that has the effect of isolating individuals receiving Medicaid HCBS from the broader community. (c) Institutional. Operation of a setting and/or delivery of supports and services in a manner that is regimented and/or isolates individuals receiv- Office for People with ing Medicaid HCBS from the broader community. (d) Institution, public. An institution that is the responsibility of a Developmental Disabilities governmental unit or over which a governmental unit exercises administrative control. Medical institutions, intermediate care facilities, child care institutions, and publicly operated community residences are not included PROPOSED RULE MAKING in this definition, nor does the term apply to universities, public libraries, or other similar settings. NO HEARING(S) SCHEDULED (e) Physically accessible. Characteristic of a setting, including, but not limited to: 1) the setting provides an individual’s full/unrestricted access Home and Community Based Services to typical spaces in the home or day setting and supports their use; 2) the setting reflects an individual’s needs and/or preferences including the pres- I.D. No. PDD-11-19-00001-P ence of any necessary physical modifications; or 3) the setting supports the independence, comfort, preferences, and needs of the individuals who PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- live in the residence or attend the day setting. cedure Act, NOTICE is hereby given of the following proposed rule: (f) Provider, OPWDD authorized. An organization that is authorized by OPWDD and/or the Department of Health (DOH) to deliver one or more Proposed Action: Addition of Subpart 636-2; amendment of section 633.4 Medicaid HCBS services operated, certified, funded, authorized, or ap- of Title 14 NYCRR. proved by OPWDD, including: Statutory authority: Mental Hygiene Law, sections 13.07, 13.09(b) and (1) a care coordination organization authorized by DOH in col- 16 laboration with OPWDD pursuant to section 365-l of the Social Services Subject: Home and Community Based Services. Law;

1 Rule Making Activities NYS Register/March 13, 2019

(2) a managed care organization that is issued a certificate of author- the same responsibilities and protections from eviction that tenants have ity to include OPWDD HCBS in its benefit package pursuant to Article 44 under applicable landlord/tenant law. For a residence in which landlord/ of the Public Health Law; or tenant laws do not apply, there must be a lease, residency agreement, or (3) another organizational entity certified, contracted, or authorized other form of written agreement for the individual that provides for evic- by OPWDD to be responsible for operating, funding, authorizing, oversee- tion processes and appeals comparable to those provided under applicable ing, or monitoring OPWDD HCBS. landlord/tenant law. (g) Setting. Any location where Medicaid HCBS are delivered includ- (2) The individual must have privacy in his or her residence and ing, but not limited to: OPWDD certified facilities (such as Individualized bedroom to the extent applicable. Residential Alternatives (IRAs), Community Residences (CRs), Family (i) Residences and bedrooms within residences must have entrance Care Homes (FCHs), Site-based Prevocational Services sites and Day doors lockable by the individual, with only appropriate parties having Habilitation sites); non-certified settings in the broader community; and keys/access to doors as needed. private homes. (ii) The individual sharing a bedroom in an OPWDD-operated, (h) Setting, integrated. A setting where individuals receiving Medicaid provider owned or controlled, or certified residential setting must have a HCBS have regular interactions with the broader community. Such set- choice of roommates in that setting. In non-certified provider owned or tings afford individuals receiving HCBS opportunities to fully engage in controlled residential settings, individuals must freely choose to share community life and choose activities that optimize access to the broader their residence and have a choice of roommates in the residence and in community. bedrooms, where applicable. (i) Setting, isolated or isolating. A setting that is not integrated, where (iii) The individual must have freedom to furnish and decorate his individuals receiving Medicaid HCBS typically only interact with other or her residence and bedroom within the lease or other agreement. individuals receiving Medicaid HCBS or paid staff, and have limited/no (c) In OPWDD-operated or certified settings and other provider owned access to, or interaction with, the broader community. or controlled residential and non-residential settings, any modification to (j) Setting, provider owned or controlled residential. A residential set- the qualities or conditions in paragraphs 636-2.4(a)(6), (a)(7), or (a)(8) ting that is co-owned, rented, or occupied by the individual receiving or subdivision 636-2.4(b) must be supported by a specific assessed need, Medicaid HCBS, where a provider agency owns, co-owns, leases, co- justified, and documented in the individual’s person-centered service plan leases, or has a direct or indirect financial relationship with the property or other internal guidance document(s) pursuant to section 636-1.4 of this owner or operates/manages the residential setting. A setting is not provider Part. The Medicaid HCBS provider agency must maintain such documen- owned or controlled if the individual owns his/her residential setting or tation as required by OPWDD. leases directly from a third party that has no direct or indirect financial re- Note: Providers subject to section 633.16 of this Title must consult that lationship with a provider, and where an OPWDD HCBS authorized section for additional documentation requirements concerning person- provider has no role in operating or managing the residential setting. All centered behavioral intervention. Providers subject to section 633.4 of OPWDD certified settings, including Family Care homes, are considered this Title must consult that section for documentation requirements provider owned or controlled for the purposes of this Part. concerning modifications of rights of individuals receiving services that (k) Setting, provider owned or controlled non-residential. A non- are not duplicated in paragraphs 636-2.4(a)(6), (a)(7), (a)(8) and subdivi- residential setting where Medicaid HCBS are delivered, and a provider sion (b) of this section. agency owns, co-owns, leases, co-leases, or has a direct or indirect (d) HCBS settings do not include the following: financial relationship with the property owner or operates/manages the (1) A nursing facility; non-residential setting. (2) An institution for mental diseases; (l) Setting, private home. A residential setting in which an individual (3) An Intermediate Care Facility for Individuals with Intellectual lives independently or with others and the setting is not owned or con- Disabilities (ICF/IID); trolled by a provider agency. (4) A hospital providing long-term care services; 636-2.4 General Provisions (5) A sheltered workshop that is not integrated (on or after March 17, (a) Any setting where Medicaid HCBS are delivered must have all the 2022); following qualities and meet all the following conditions based on the (6) A private residential school; or needs and goals of the individual receiving HCBS as identified in his/her (7) Any other setting that does not pass a heightened scrutiny review person-centered service plan: process as prescribed and determined by the Centers for Medicare and (1) The setting must be integrated and support full access of individu- Medicaid Services (CMS), DOH, and/or OPWDD. als receiving HCBS to the broader community. It must support opportuni- 636-2.5 Heightened Scrutiny ties to seek employment and work in competitive integrated settings, A Medicaid HCBS setting subject to heightened scrutiny, as defined in engage in community life, control personal resources, and receive services subdivision 636-2.3(c) of this Subpart, will be reviewed in the form and in the community with the same degree of access as the broader community. format specified by CMS, DOH, and/or OPWDD. (2) The setting must be selected by the individual from among setting D Subparagraph 633.4(a)(4)(xxiv) is amended as follows: options, including non-disability specific settings, and an option for a (xxiv) the opportunity to receive visitors at reasonable times; to have private home or private bedroom in a residential setting, where applicable. privacy when visited, provided such visits avoid infringement on the rights The setting options must be identified and documented in the person- of others, and to communicate freely with anyone within or outside the fa- centered service plan or other planning/service related documents and cility; except that in settings where Medicaid Home and Community Based must be based on the individual’s needs, preferences and, for residential Services (HCBS) are delivered, rights regarding visitors shall be governed settings, resources available for room and board. by subparts 636-1 and 636-2 of this Title; or (3) The setting must ensure the individual’s rights of privacy, dignity, Text of proposed rule and any required statements and analyses may be and respect, and freedom from coercion and restraint. obtained from: Office of Counsel, Bureau of Policy and Regulatory Af- (4) The setting must optimize, and not regiment, individual initiative, fairs, Office for People With Developmental Disabilities, 44 Holland Ave- autonomy, and independence in making life choices including, but not nue, 3rd Floor, Albany, NY 12229, (518) 474-7700, email: limited to, the individual’s decisions regarding daily activities, physical [email protected] environment, and with whom to interact. Data, views or arguments may be submitted to: Same as above. (5) The setting must facilitate individual choice regarding services and supports and who provides them. Public comment will be received until: 60 days after publication of this (6) The individual must have freedom and support to control his or notice. her own schedules and activities, consistent with the same or similar set- Additional matter required by statute: Pursuant to the requirements of the tings for the broader community. State Environmental Quality Review Act, OPWDD, as lead agency, has (7) The individual must have access to food at any time, consistent determined that the action described herein will have no effect on the with the same or similar settings for the broader community. environment and an E.I.S. is not needed. (8) The individual must be able to have visitors of his or her choosing Regulatory Impact Statement at any time, consistent with the same or similar settings for the broader 1. Statutory Authority: community. a. OPWDD has the statutory responsibility to provide and encourage (9) The setting must be physically accessible to the individual. the provision of appropriate programs, supports, and services in the areas (b) In addition to those qualities and conditions described in paragraphs of care, treatment, habilitation, rehabilitation, and other education and 636-2.4(a)(1) through (9), all the following conditions must be met in training of persons with intellectual and developmental disabilities, as OPWDD-operated or provider owned or controlled residential settings: stated in the New York State (NYS) Mental Hygiene Law Section 13.07. (1) The individual’s residence must be a specific physical place that b. OPWDD has the authority to adopt rules and regulations necessary can be owned, rented, or occupied under a legally enforceable agreement and proper to implement any matter under its jurisdiction as stated in the by the individual receiving services, and the individual has, at a minimum, NYS Mental Hygiene Law Section 13.09(b).

2 NYS Register/March 13, 2019 Rule Making Activities

c. OPWDD has the statutory authority to adopt regulations concerned The proposed regulation is added as Title 14 NYCRR Subpart 636-2 with the operation of programs and the provision of services, as stated in and is intended to require Medicaid Home and Community Based Ser- the NYS Mental Hygiene Law Section 16.00. The regulation also ensures vices (HCBS) that are operated, certified, funded, or subject to review by compliance by OPWDD certified and operated residences with the proper OPWDD and/or an OPWDD designee to be delivered in integrated set- provision of services. tings that do not isolate individuals receiving Medicaid HCBS from the 2. Legislative Objectives: The proposed regulations further legislative broader community of people not receiving Medicaid HCBS. The regula- objectives embodied in sections 13.07, 13.09(b), and 16.00 of the Mental tion will not result in an adverse impact on rural communities because all Hygiene Law. The regulations add a new Subpart 636-2 and amend Sec- HCBS entities are treated similarly under the proposed text. Additionally, the scope of the regulation is limited to only HCBS settings. Thus, the tion 633.4 on Home and Community Based Services. regulation will not have a substantial impact on jobs or employment op- 3. Needs and Benefits: The proposed regulations add Subpart 636-2 to portunities in New York State. The proposed regulation will not result in 14 NYCRR and amends Title 14 NYCRR Part 633.4 to add to the regula- costs for regulated parties. These requirements coincide with existing tory framework for the delivery and support of home and community based federal requirements thus, no new compliance is required by providers. services in a way that supports and encourages the service recipient. These Therefore, the amendments will not have any adverse effects on providers added and amended regulations will conform to the Federal Home and in rural areas and local governments. Community Based Settings rule (42 CFR 441.301) which imposes similar requirements and will further comply with requirements that the state Job Impact Statement regulations be adopted prior to enforcement of the federal rule in March A Job Impact Statement for the proposed regulation is not being submit- 2022. ted because it is apparent from the nature and purpose of the regulation 4. Costs: that they will not have a substantial adverse impact on jobs and/or employ- a. Costs to the Agency and to the State and its local governments: ment opportunities. There is no anticipated impact on Medicaid expenditures as a result of The proposed addition of Title 14 NYCRR Subpart 636-2 is intended to the proposed regulations. The regulations will ensure service recipients require Medicaid Home and Community Based Services (HCBS) that are are supported within the broader community while receiving Home and operated, certified, funded, or subject to review by OPWDD and/or an Community Based Services. OPWDD designee to be delivered in integrated settings that do not isolate These regulations will not have any fiscal impact on local governments, individuals receiving Medicaid HCBS from the broader community of as the contribution of local governments to Medicaid has been capped. people not receiving Medicaid HCBS. The regulation will coincide with Chapter 58 of the Laws of 2005 places a cap on the local share of Medicaid existing federal requirements that providers must comply with by October costs and local governments are already paying for Medicaid at the capped 1, 2021. Thus, no new compliance is required for providers. Additionally, level. the scope of the regulation is limited to only HCBS settings. Thus, the There are no anticipated costs to OPWDD in its role as a provider of regulation will not have a substantial impact on jobs or employment op- services to comply with the new requirements. The proposed regulations portunities in New York State. may result in increased federal reimbursement because individuals affected by the regulations will be in compliance with federal law. b. Costs to private regulated parties: There are no anticipated costs to regulated providers to comply with the proposed regulations. The Public Service Commission amendments/additions merely allow services to be delivered in a way that does not isolate service recipients from the broader community. 5. Local Government Mandates: There are no new requirements NOTICE OF WITHDRAWAL imposed by the rule on any county, city, town, village; or school, fire, or other special district. PURSUANT TO THE PROVISIONS OF THE State 6. Paperwork: Providers will not experience an increase in paperwork Administrative Procedure Act, NOTICE is hereby given of the as a result of the proposed regulations. following actions: 7. Duplication: The proposed regulations do not duplicate any existing The following rule makings have been withdrawn from State or Federal requirements on this topic. consideration: 8. Alternatives: OPWDD did not consider any other alternatives to the proposed regulations. The regulations are necessary because federal law I.D. No. Publication Date of Proposal imposes similar requirements. PSC-46-17-00013-P November 15, 2017 9. Federal Standards: The proposed amendments do not exceed any PSC-51-17-00007-P December 20, 2017 minimum standards of the federal government for the same or similar PSC-51-17-00015-P December 20, 2017 subject areas. PSC-19-18-00005-P May 9, 2018 10. Compliance Schedule: OPWDD plans to adopt the regulations prior PSC-23-18-00010-P June 6, 2018 to the federal enforcement date of March 2022. The regulations would be effective for enforcement on October 1, 2021. The proposed regulations PSC-32-18-00014-P August 8, 2018 were discussed with and reviewed by representatives of providers in PROPOSED RULE MAKING advance of this proposal. OPWDD expects that providers will be in compliance with the proposed requirements at the time of their effective NO HEARING(S) SCHEDULED date. Regulatory Flexibility Analysis Notice of Intent to Submeter Electricity A regulatory flexibility analysis for small businesses and local governments is not submitted because the proposed regulation will not impose I.D. No. PSC-11-19-00002-P any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses. There are no professional services, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- capital, or other compliance costs imposed on small businesses as a result cedure Act, NOTICE is hereby given of the following proposed rule: of these amendments. Proposed Action: The Commission is considering the notice of intent of The proposed regulation is designed to require HCBS to be delivered in 18th Highline Associates, L.L.C. to submeter electricity at 501 West 18th integrated settings that do not isolate individuals receiving Medicaid Street, New York, New York. HCBS from the broader community of people not receiving Medicaid HCBS. The regulation proposed will not result in costs or new compliance Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, requirements for regulated parties due to the fact that these requirements 53, 65(1), 66(1), (2), (3), (4), (12) and (14) coincide with existing federal requirements. Thus, the regulation will not Subject: Notice of intent to submeter electricity. have any adverse effects on providers of small business and local Purpose: To ensure adequate submetering equipment and consumer governments. protections are in place. Rural Area Flexibility Analysis Substance of proposed rule: The Public Service Commission (Commis- A Rural Area Flexibility Analysis for this addition is not being submit- sion) is considering the notice of intent filed by 18th Highline Associates, ted because the regulation will not impose any adverse impact or signifi- L.L.C. on February 11, 2019, to submeter electricity at 501 West 18th cant reporting, record keeping or other compliance requirements on public Street, New York, New York, located in the service territory of Consoli- or private entities in rural areas. There are no professional services, capital, dated Edison Company of New York, Inc. (Con Edison). or other compliance costs imposed on public or private entities in rural ar- By stating its intent to submeter electricity, 18th Highline Associates, eas as a result of the proposed regulation. L.L.C. requests authorization to take electric service from Con Edison and

3 Rule Making Activities NYS Register/March 13, 2019 then distribute and meter that electricity to its residents. Submetering of PROPOSED RULE MAKING electricity to residential residents is allowed so long as it complies with the protections and requirements of the Commission’s regulations in 16 NO HEARING(S) SCHEDULED NYCRR Part 96. The full text of the notice of intent and the full record of the proceeding Notice of Intent to Submeter Electricity may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole I.D. No. PSC-11-19-00004-P or in part, the action proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- obtained by filing a Document Request Form (F-96) located on our cedure Act, NOTICE is hereby given of the following proposed rule: website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Proposed Action: The Commission is considering the notice of intent of Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Fulton SCG Development LLC c/o F&T Group to submeter electricity at York 12223-1350, (518) 486-2655, email: [email protected] 133-21 39th Avenue, Flushing, New York. Data, views or arguments may be submitted to: Kathleen H. Burgess, Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New 53, 65(1), 66(1), (2), (3), (4), (12) and (14) York 12223-1350, (518) 474-6530, email: [email protected] Subject: Notice of intent to submeter electricity. Public comment will be received until: 60 days after publication of this Purpose: To ensure adequate submetering equipment and consumer notice. protections are in place. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Substance of proposed rule: The Public Service Commission (Commis- Area Flexibility Analysis and Job Impact Statement sion) is considering the notice of intent filed by Fulton SCG Development Statements and analyses are not submitted with this notice because the LLC c/o F&T Group on February 8, 2019, to submeter electricity at 133-21 proposed rule is within the definition contained in section 102(2)(a)(ii) of 39th Avenue, Flushing, New York, located in the service territory of the State Administrative Procedure Act. Consolidated Edison Company of New York, Inc. (Con Edison). (19-E-0089SP1) By stating its intent to submeter electricity, Fulton SCG Development LLC c/o F&T Group requests authorization to take electric service from PROPOSED RULE MAKING Con Edison and then distribute and meter that electricity to its residents. NO HEARING(S) SCHEDULED Submetering of electricity to residential residents is allowed so long as it complies with the protections and requirements of the Commission’s regulations in 16 NYCRR Part 96. Transfer of Street Lighting Facilities The full text of the notice of intent and the full record of the proceeding I.D. No. PSC-11-19-00003-P may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Text of proposed rule and any required statements and analyses may be cedure Act, NOTICE is hereby given of the following proposed rule: obtained by filing a Document Request Form (F-96) located on our Proposed Action: The Commission is considering a petition filed by website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Orange and Rockland Utilities, Inc. requesting the transfer of certain street Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New lighting facilities to the Village of Nyack. York 12223-1350, (518) 486-2655, email: [email protected] Statutory authority: Public Service Law, sections 65, 66 and 70 Data, views or arguments may be submitted to: Kathleen H. Burgess, Subject: Transfer of street lighting facilities. Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Purpose: To consider whether the transfer of certain street lighting facili- York 12223-1350, (518) 474-6530, email: [email protected] ties is in the public interest. Public comment will be received until: 60 days after publication of this Substance of proposed rule: The Public Service Commission is consider- notice. ing a petition filed by Orange and Rockland Utilities, Inc. (Orange and Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Rockland) on February 6, 2019, requesting authorization to transfer to the Area Flexibility Analysis and Job Impact Statement Village of Nyack (Nyack) certain street lighting facilities located Statements and analyses are not submitted with this notice because the throughout Nyack. The facilities consist of luminaries, lamps, mast arms, proposed rule is within the definition contained in section 102(2)(a)(ii) of their associated wiring, electrical connections, and appurtenances. the State Administrative Procedure Act. Orange and Rockland requests the Commission’s approval of the trans- (19-E-0084SP1) action pursuant to Public Service Law § 70, as the original cost of the proposed assets to be transferred was greater than $100,000. The proposed purchase price is $112,410, plus any accrued taxes as set forth in the agreement attached to the petition. The Company proposes to defer 100 percent of the after-tax net proceeds on the sale, plus accrued interest at the Commission-approved Other Customer Provided Capital Rate, for the future benefit of Orange and Rockland’s electric customers. 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: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the action proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: 60 days after publication of this notice. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act. (19-E-0076SP1)

4 NYS Register/March 13, 2019 Rule Making Activities

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Environmental Conservation, Department of ENV-09-19-00015-P ...... Set nitrogen oxide (NOx) emission rate limits Department of Environmental Conservation, for simple cycle and regenerative combustion 625 Broadway, Public Assembly Rm. 129 A/B, turbines Albany, NY—May 6, 2019, 11:00 a.m. SUNY at Stony Brook, 50 Circle Rd., Rm. B02, Stony Brook, NY—May 13, 2019, 11:00 a.m. Department of Transportation, One Hunters Point Plaza, 47-40 21st St., Rm. 834, Long Island City, NY—May 14, 2019, 11:00 a.m. ENV-10-19-00003-P ...... Regulate volatile organic compounds (VOCs) Department of Environmental Conservation, in architectural and industrial maintenance 625 Broadway, Public Assembly Rm. 129 A/B, (AIM) coatings Albany, NY—May 6, 2019, 11:00 a.m. SUNY at Stony Brook, 50 Circle Rd., Rm. B02, Stony Brook, NY—May 13, 2019, 11:00 a.m. Department of Transportation, One Hunters Point Plaza, 47-40 21st St., Rm. 834, Long Island City, NY—May 14, 2019, 11:00 a.m. Liquor Authority, State LQR-02-19-00006-P ...... Delinquent (C.O.D.) list procedures 317 Lenox Ave., New York, NY—April 17, 2019, 10:00 a.m. Long Island Power Authority LPA-09-19-00014-P ...... Commercial system relief program and distri- H. Lee Dennison Bldg., 100 Veterans Memo- bution load relief program in the authority’s rial Hwy., Hauppauge, NY—April 29, 2019, tariff for electric service 10:00 a.m. Long Island Power Authority, 333 Earle Ovington Blvd., Uniondale, NY—April 29, 2019, 2:00 p.m. Ogdensburg Bridge and Port Authority OBA-07-19-00019-P...... Increase in bridge toll structure Ogdensburgh Bridge and Port Authority, One Bridge Plaza, Ogdensburgh, NY—March 28, 2019, 2:00 p.m.

NYS Register/March 13, 2019 Action Pending Index

ACTION PENDING INDEX

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

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

AGING, OFFICE FOR THE

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

AGRICULTURE AND MARKETS, DEPARTMENT OF

AAM-10-19-00002-P ...... 03/05/20 National Institute of Standards and To incorporate NIST Handbook 44 (2019 Technology (‘‘NIST’’) Handbook 44 edition)

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

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

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

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

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

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

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

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

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

7 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

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

AUDIT AND CONTROL, DEPARTMENT OF

*AAC-06-18-00002-RP ...... 05/08/19 Update provisions relating to Employer To update language necessitated by the Reporting; Service Credit Determination for modernization and redesign of the retirement certain members; and Notice of Hearings system’s beneﬁt administration system

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

AAC-07-19-00017-P ...... 02/13/20 Reporting requirements for service credit To allow certain special duty assignments to involving public safety overtime qualify as public safety overtime and be considered allowable service

CHILDREN AND FAMILY SERVICES, OFFICE OF

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

CIVIL SERVICE, DEPARTMENT OF

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

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

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

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

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

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

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

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

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

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

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

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

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

8 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

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

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

CVS-02-19-00001-P ...... 01/09/20 Jurisdictional Classiﬁcation To delete a position from and classify a position in the exempt class

CVS-02-19-00002-P ...... 01/09/20 Jurisdictional Classiﬁcation To delete positions from and classify positions in the labor class

CVS-02-19-00003-P ...... 01/09/20 Jurisdictional Classiﬁcation To delete positions from and classify positions in the exempt class

CVS-02-19-00004-P ...... 01/09/20 Jurisdictional Classiﬁcation To delete positions from and classify positions in the exempt class

CVS-02-19-00005-P ...... 01/09/20 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-06-19-00001-P ...... 02/06/20 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-06-19-00002-P ...... 02/06/20 Jurisdictional Classiﬁcation To delete a position from and classify a position in the non-competitive class

CVS-06-19-00003-P ...... 02/06/20 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-06-19-00004-P ...... 02/06/20 Jurisdictional Classiﬁcation To classify a position in the exempt class

CORRECTION, STATE COMMISSION OF

CMC-05-19-00004-P ...... 01/30/20 Inmate conﬁnement and deprivation Require local correctional facilities to record, review and report inmate cell conﬁnement and essential service deprivation

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

CCS-05-19-00006-P ...... 01/30/20 Standard Conditions of Release Parole Establish standard conditions of release and Revocation Dispositions provide a workable structure for applying appropriate parole revocation penalties

CRIMINAL JUSTICE SERVICES, DIVISION OF

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

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

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

9 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

CRIMINAL JUSTICE SERVICES, DIVISION OF

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

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

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

EDUCATION DEPARTMENT

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

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

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

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

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

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

EDU-05-19-00007-P ...... 01/30/20 Transitional H Pathway for School District To Expand the Type of Eligible Experiences for Business Leader Certiﬁcations the Transitional H Pathway for School District Business Leader Certiﬁcation

EDU-05-19-00008-P ...... 01/30/20 Protecting Personally Identiﬁable Information To implement the provisions of Education Law section 2-d

EDU-05-19-00016-EP ...... 01/30/20 The administration of certain vaccines by To implement the provisions of Chapter 359 of pharmacy interns the Laws of 2018

EDU-05-19-00017-EP ...... 01/30/20 Assessments and Student Ofﬁcial Transcripts To continue the effectiveness of Part AA, and Permanent Records Subpart B of Ch.56 L.2014 as amended by Section 35 of Part CCC of Ch. 56 L.2018

ELECTIONS, STATE BOARD OF

SBE-07-19-00020-EP ...... 02/13/20 Political Campaign Contribution Limits Adjust contribution limits to reﬂect the consumer price index

10 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

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

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

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

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

ENV-02-19-00007-EP ...... 03/10/20 Low emission vehicle greenhouse gas Clariﬁcation of the deemed to comply provision standards

ENV-07-19-00018-P ...... 02/13/20 Management of Striped Bass To revise regulations concerning commercial striped bass ﬁshing season

ENV-08-19-00004-P ...... 02/20/20 Governor Mario M. Cuomo Bridge Replacing references to the Governor Malcolm Wilson Tappan Zee Bridge with references to the Governor Mario M. Cuomo Bridge

ENV-09-19-00015-P ...... 05/13/20 Set nitrogen oxide (NOx) emission rate limits Reduction of nitrogen oxide (NOx) emissions for simple cycle and regenerative combustion from simple cycle and regenerative combustion turbines turbines

ENV-10-19-00003-P ...... 05/13/20 Regulate volatile organic compounds (VOCs) To set new and lower VOC limits for certain in architectural and industrial maintenance coating categories. Update categories and (AIM) coatings methods

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

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

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

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

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

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

11 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF

DFS-02-19-00008-P ...... 01/09/20 Paid Family Leave Risk Adjustment Fund Establishment of the Paid Family Leave Risk Adjustment Fund

DFS-08-19-00003-P ...... 02/20/20 Charges for Professional Health Services To delay the effective date of the Workers’ Compensation fee schedule increases for no- fault reimbursement

GAMING COMMISSION, NEW YORK STATE

*SGC-09-18-00005-RP ...... 05/29/19 The licensing and registration of gaming To govern the licensing and registration of facility employees and vendors gaming facility employees and vendors

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

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

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

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

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

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

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

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

GENERAL SERVICES, OFFICE OF

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

HEALTH, DEPARTMENT OF

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

*HLT-07-18-00002-RP ...... 05/15/19 Medicaid Reimbursement of Nursing Facility To make changes relating to reserved bed Reserved Bed Days for Hospitalizations payments made by Medicaid to nursing facilities

12 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

HEALTH, DEPARTMENT OF

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

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

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

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

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

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

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

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

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

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

HLT-05-19-00005-P ...... 01/30/20 Midwifery Birth Center Services To set the standards for all birth centers to follow the structure of Article 28 requirements

HLT-07-19-00006-EP ...... 02/13/20 Controlled Substances To reclassify cannabidiol (CBD) from a Schedule I controlled substance to a Schedule V controlled substance

HLT-09-19-00004-P ...... 02/27/20 Cardiac Catheterization Laboratory Centers To amend existing Certiﬁcate of Need requirements for the approval and operation of Cardiac Catheterization Laboratory Centers.

HLT-10-19-00004-EP ...... 03/05/20 Body Scanners in Local Correctional Facilities Establish operational requirements for local correctional facs. that use body scanning imaging equipment for security purposes

JUDICIAL CONDUCT, STATE COMMISSION ON

JDC-08-19-00006-P ...... 02/20/20 Counsel for witnesses at hearings To codify the practice that a witness may have legal counsel present during a commission hearing

13 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

LABOR, DEPARTMENT OF

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

LAW, DEPARTMENT OF

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

LIQUOR AUTHORITY, STATE

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

LQR-02-19-00006-P ...... 04/16/20 Delinquent (C.O.D.) list procedures To modernize outdated delinquent (C.O.D.) list procedures and provide for electronic notiﬁcation for same

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.

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

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

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

LPA-09-19-00014-P ...... exempt The Commercial System Relief Program and To update the Tariff to allow incentives for a Distribution Load Relief Program in the behind-the-meter battery storage program from Authority’s Tariff for Electric Service. PSEG Long Island’s Utility 2.0 Plan

14 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

MENTAL HEALTH, OFFICE OF

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

OMH-04-19-00002-P ...... 01/23/20 Expansion of Telemental Health To implement Public Health Law section (Telepsychiatry) services to additional OMH 2999-dd and address current shortages in licensed settings and programs psychiatrists and nurse practitioners in psych.

OMH-08-19-00005-P ...... 02/20/20 Establish standards for providers who wish to The Children’s Mental Health Rehabilitation become licensed Children’s Mental Health Program (CMHRS) is a vehicle for Rehabilitation programs implementing the new State Plan services

NIAGARA FALLS WATER BOARD

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

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

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

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

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

OGDENSBURG BRIDGE AND PORT AUTHORITY

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

OBA-07-19-00019-P ...... exempt Increase in Bridge Toll Structure To increase bridge toll revenue in order to become ﬁnancially self-supporting. Our bridge operations are resulting in deﬁcit

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF

PKR-07-19-00007-P ...... 02/13/20 Ice Fishing in Shaver Pond, Grafton Lake To remove the prohibition on ice ﬁshing in State Park, Saratoga Capital Region Shaver Pond at Grafton Lakes State Park

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-11-19-00001-P ...... 03/12/20 Home and Community Based Services Establishes a regulatory framework for delivery and support of HCBS in a way that encourages and supports the service recipient

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

15 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

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

*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

16 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

17 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

18 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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.

19 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

20 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

21 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

22 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

23 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

24 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

25 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

26 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

27 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

28 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

29 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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.

30 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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

31 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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.

32 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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.

33 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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

34 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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.

35 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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.

36 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*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.

37 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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

*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.

38 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

*PSC-39-17-00011-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.

39 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

41 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

42 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

43 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

44 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

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

PSC-02-19-00009-P ...... exempt The 2018 Electric Emergency Response To consider the adequacy of the 2018 Electric Plans for electric utilities. Emergency Response Plans.

PSC-02-19-00010-P ...... exempt Transfer of street lighting facilities to the To consider whether the transfer of certain Village of Newark. street lighting facilities to the Village of Newark is in the public interest.

PSC-02-19-00011-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

45 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-02-19-00012-P ...... exempt Unspent settlement funds to be used for To ensure safe and adequate service at just future gas safety programs. and reasonable rates charged to customers without undue preferences.

PSC-02-19-00013-P ...... exempt Capacity Release Program. To ensure safe and reliable service for customers at just and reasonable rates.

PSC-02-19-00014-P ...... exempt Petition for use of electric metering To ensure that consumer bills are based on equipment. accurate measurements of electric usage.

PSC-02-19-00015-P ...... exempt Limited waiver of remote net metering rule. To address issues related to certain developers/customers with two sites in different load zones.

PSC-03-19-00002-P ...... exempt DPS Staff White Paper for who must be To reduce damage to underground utility trained in 16 NYCRR Part 753 requirements facilities by requiring certain training and and how the Commission will approve approving training curricula. trainings.

PSC-04-19-00003-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-04-19-00004-P ...... exempt Con Edison’s petition for the Gas Innovation To pursue programs that continue service Program and associated budget. reliability and meet customer energy needs while aiding greenhouse gas reduction goals.

PSC-04-19-00005-P ...... exempt The request of Cross-Sound Cable Company, To consider a petition to increase authorized LLC and Cross-Sound Cable Company (New indebtedness. York) LLC to increase authorized indebtedness.

PSC-04-19-00006-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00007-P ...... exempt Minor rate ﬁling. To increase authorized indebtedness to provide funds for working capital and operations and maintenance.

PSC-04-19-00008-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00009-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00010-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00011-P ...... exempt Update of revenue targets. To ensure NYAW’s rates are just and reasonable and accurately reﬂect the needed revenues.

PSC-04-19-00012-P ...... exempt Residential meter reading. To remove notice requirement for a special meter read for the discontinuation of service to residential customers.

PSC-04-19-00013-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

46 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-04-19-00014-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00015-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00016-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00017-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00018-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00019-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00020-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00021-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00022-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00023-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00024-P ...... exempt Residential meter reading. To establish provisions for a special meter read for when service is discontinued to residential customers.

PSC-04-19-00025-P ...... exempt Customer Consent to Contact. To include a new provision establishing customer consent for the utility to contact them electronically about utility service.

PSC-04-19-00026-P ...... exempt Customer Consent to Contact. To include a new provision establishing customer consent for the utility to contact them electronically about utility service.

PSC-04-19-00027-P ...... exempt Customer Consent to Contact. To include a new provision establishing customer consent for the utility to contact them electronically about utility service.

PSC-04-19-00028-P ...... exempt Customer Consent to Contact. To include a new provision establishing customer consent for the utility to contact them electronically about utility service.

PSC-05-19-00009-P ...... exempt Transfer of street lighting facilities To consider whether the transfer of certain street lighting facilities is in the public interest

47 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-05-19-00010-P ...... exempt Waiver of certain rules, e.g.5-year buildout To determine whether to waive any rules and and 7-day installation requirements pertaining regulations to cable television franchise

PSC-05-19-00011-P ...... exempt Notice of intent to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

PSC-05-19-00012-P ...... exempt Waiver of certain rules, e.g.5-year buildout To determine whether to waive any rules and and 7-day installation requirements pertaining regulations to cable television franchise

PSC-05-19-00013-P ...... exempt Issuance of long-term debt securities To provide funding to reimburse the Company’s treasury for moneys expended for capital purposes

PSC-05-19-00014-P ...... exempt Transfer of natural gas pipeline and request To grant lightened and incidental regulation to for lightened and incidental regulation SABIC Innovative Plastics, LLC and approve the transfer of a gas pipeline

PSC-05-19-00015-P ...... exempt Transfer of street lighting facilities to the City To determine whether to transfer street lighting of Cortland facilities located in the City of Cortland

PSC-06-19-00005-P ...... exempt Consideration of the Joint Utilities’ proposed To to expand opportunities for low-income BDP Program. households to participate in Community Distributed Generation (CDG) projects.

PSC-06-19-00006-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations sections 86.3(a)(1), 86.3(a)(2), and 86.4(b). related to an application for transmission line siting.

PSC-06-19-00007-P ...... exempt Transfer of electric transmission assets, a Consider the transfer of electric transmission substation, and approvals to Consolidated assets, a substation, and related approvals as Edison Company of New York, Inc. per prior orders and agreements.

PSC-07-19-00009-P ...... exempt Whether to impose consequences on AAA for To insure the provision of safe and adequate its non-compliance with Commission energy service at just and reasonable rates. requirements.

PSC-07-19-00010-P ...... exempt The rates and charges for non-roadway LED To determine whether to amend National Grid’s service offerings for outdoor lighting P.S.C. No. 214 - Outdoor Lighting Tariff to customers. provide new LED service offerings.

PSC-07-19-00011-P ...... exempt Amended Lease Agreement for space in the Review of Amended Lease Agreement between NYSEG facility. NYSEG and Coughlin & Gerhart, LLP.

PSC-07-19-00012-P ...... exempt Initial Tariff Schedule, P.S.C. No. 1 - Water To provide the rates, rules, and regulations and waiver of rate setting authority. under which water service will be provided to the customers of the system.

PSC-07-19-00013-P ...... exempt Transfer of street lighting facilities to the Town To determine whether to authorize the transfer of Skaneateles. street lighting facilities to the Town of Skaneateles.

PSC-07-19-00014-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-07-19-00015-P ...... exempt Petition to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-07-19-00016-P ...... exempt Participation in New York State Lifeline To encourage enhanced services for low- Program. income customers.

48 NYS Register/March 13, 2019 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-08-19-00008-P ...... exempt Disposition of property tax refunds To consider Verizon New York Inc.’s request to retain a portion of a property tax refund

PSC-08-19-00009-P ...... exempt Sale of Street Lighting Facilities to the Town To consider the transfer of street lighting of Rosendale facilities to the Town of Rosendale

PSC-09-19-00006-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-09-19-00007-P ...... exempt Exemptions from standby rates. To consider whether the standby rate exemptions proposed by the City of New York are reasonable and in the public interest.

PSC-09-19-00008-P ...... exempt Exemptions from standby rates. To determine whether standby rate exemptions should be continued.

PSC-09-19-00009-P ...... exempt Amendments to the tariff of Con Edison To consider the appropriate tariff provisions for pertaining to interruptible gas service Con Edison interruptible gas service customers. customers.

PSC-09-19-00010-P ...... exempt Non-pipeline alternatives report To consider the terms and conditions recommendations. applicable to gas service.

PSC-09-19-00011-P ...... exempt To request a waiver of the requirements of Efﬁciency improvements to the annual payout PSL Section 66-j(4)(c) regarding the annual process for excess generation. payout process for excess generation.

PSC-09-19-00012-P ...... exempt Waiver of certain rules, i.e., 5-year buildout To determine whether to waive any rules and and 7-day installation requirements pertaining regulations. to cable television franchise.

PSC-09-19-00013-P ...... exempt Cyber Security requirements. Establish a framework to ensure the protection of utility systems and customer data from cyber events.

PSC-10-19-00005-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-10-19-00006-P ...... exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment and consumer protections are in place.

PSC-11-19-00002-P ...... exempt Notice of intent to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

PSC-11-19-00003-P ...... exempt Transfer of street lighting facilities To consider whether the transfer of certain street lighting facilities is in the public interest

PSC-11-19-00004-P ...... exempt Notice of intent to submeter electricity To ensure adequate submetering equipment and consumer protections are in place

STATE, DEPARTMENT OF

DOS-07-19-00008-P ...... 02/13/20 Education and Experience Requirements for To conform existing regulations to current Original Appraiser Applications federal guidelines

STATE UNIVERSITY OF NEW YORK

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

49 Action Pending Index NYS Register/March 13, 2019 Agency I.D. No. Expires Subject Matter Purpose of Action

STATE UNIVERSITY OF NEW YORK

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

TAXATION AND FINANCE, DEPARTMENT OF

TAF-08-19-00007-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 April 1, administered therewith 2019 through June 30, 2019

TAF-09-19-00005-EP ...... 02/27/20 The Congestion Surcharge. To implement the Congestion Surcharge and related registration, recordkeeping and reporting requirements.

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

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

TRANSPORTATION, DEPARTMENT OF

TRN-03-19-00001-EP ...... 01/16/20 Regulation of commercial motor carriers in The rule making updates Title 49 CFR New York State. provisions incorporated by reference pursuant to regulation of commercial motor carriers.

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

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

*WCB-52-17-00021-RP ...... 06/25/19 Establishment of Prescription Drug Formulary Establishment of a drug formulary that includes high-quality and cost-effective preauthorized medication

WCB-04-19-00029-P ...... 01/23/20 Fees for emergency room, rural area Update and incorporate fees for medical outpatient clinics, hospital based mental services provided to injured workers health clinics and private psychiatric hospitals

50 ADVERTISEMENTS FOR BIDDERS/CONTRACTORS SEALED BIDS project area will be at 10:00 a.m. on March 7, 2019 at Marcy Field Of- fice, 6325 State Route 291, Marcy, NY. Prospective bidders are urged to visit the site at this time. Prospective bidders or their representa- REPLACE tives attending the pre-bid site visit will not be admitted on facility AC, AIR HANDLING UNITS AND CONTROLS grounds without proper photo identification. Note that parking restric- Mid State Correctional Facility tions and security provisions will apply and all vehicles will be subject Marcy, Oneida County to search. Phone the office of Brendan Ford, (315) 736-5770 a minimum of 72 Sealed bids for Project Nos. 45178-C, 45178-H, 45178-E, compris- hours in advance of the date to provide the names of those who will ing separate contracts for Construction Work, HVAC Work and attend the pre-bid site visit. Electrical Work, Replace AC, Air Handling Units & Controls, Build- Pursuant to New York State Executive Law Article 15-A and the ings 3 & 101, Mid State Correctional Facility, PO Box 216, River rules and regulations promulgated thereunder, OGS is required to Road, Marcy (Oneida County), NY, will be received by the Office of promote opportunities for the maximum feasible participation of New General Services (OGS), Design & Construction Group (D&C), Divi- York State-certified Minority- and Women-owned Business Enter- sion of Contract Management, 35th Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, on behalf of the Department of Corrections prises (“MWBEs”) and the employment of minority group members and Community Supervision, until 2:00 p.m. on Wednesday, March and women in the performance of OGS contracts. All bidders are 20, 2019, when they will be publicly opened and read. Each bid must expected to cooperate in implementing this policy. OGS hereby be prepared and submitted in accordance with the Instructions to Bid- establishes an overall goal of 30% for MWBE participation, 15% for ders and must be accompanied by a certified check, bank check, or bid Minority-Owned Business Enterprises (“MBE”) participation and bond in the amount of $19,600 for C, $56,700 for H and $15,500 for 15% for Women-Owned Business Enterprises (“WBE”) participation E. (based on the current availability of qualified MBEs and WBEs) for All successful bidders will be required to furnish a Performance Construction, HVAC and Electrical Work. The total contract goal can Bond and a Labor and Material Bond in the statutory form of public be obtained by utilizing any combination of MBE and /or WBE bonds required by Sections 136 and 137 of the State Finance Law, participation for subcontracting and supplies acquired under this each for 100% of the amount of the Contract estimated to be between Contract. $250,000 and $500,000 for C, between $1,000,000 and $2,000,000 for The Office of General Services reserves the right to reject any or all H and between $100,000 and $250,000 for E. bids. Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation The Bidding and Contract Documents for this Project are available includes and imposes certain restrictions on communications between on compact disc (CD) only, and may be obtained for an $8.00 deposit OGS D&C and a bidder during the procurement process. A bidder is per set, plus a $2.00 per set shipping and handling fee. Contractors restricted from making contacts from the earliest posting, on the OGS and other interested parties can order CD’s on-line through a secure website, in a newspaper of general circulation, or in the Contract web interface available 24 hours a day, 7 days a week. Please use the Reporter of written notice, advertisement or solicitation of offers following link at the OGS website for ordering and payment through final award and approval of the contract by OGS D&C and instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp the Office of the State Comptroller (“Restricted Period”) to other than For questions about purchase of bid documents, please send an designated staff unless it is a contact that is included among certain e-mail to [email protected], or call (518) 474-0203. statutory exceptions set forth in State Finance Law § 139-j(3)(a). For additional information on this project, please use the link below Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in and then click on the project number: https://online.ogs.ny.gov/dnc/ the Division of Contract Management, telephone (518) 474-0203, fax contractorConsultant/esb/ESBPlansAvailableIndex.asp (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 By John D. Lewyckyj, Deputy Director when contacted during the restricted period and make a determination OGS - Design & Construction Group of the responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for PROVIDE contract award and in the event of two findings within a four-year pe- MODIFIED BITUMEN ROOF SYSTEM riod, the bidder is debarred from obtaining governmental Procurement Empire State Plaza Contracts. Bidders responding to this Advertisement must familiarize Albany, Albany County themselves with the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid Sealed bids for Project No. 45375-C, for Construction Work, form. Further information about these requirements can be found Provide Modified Bitumen Roof System, Corning Tower, Empire State within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ Plaza, Albany (Albany 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 458 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 Office of General Services, The only time prospective bidders will be allowed to visit the job until 2:00 p.m. on Wednesday, March 20, 2019, when they will be site to take field measurements and examine existing conditions of the publicly opened and read. Each bid must be prepared and submitted in

51 Advertisements for Bidders/Contractors NYS Register/March 13, 2019 accordance with the Instructions to Bidders and must be accompanied For questions about purchase of bid documents, please send an by a certified check, bank check, or bid bond in the amount of $ 58,000 e-mail to [email protected], or call (518) 474-0203. for C. For additional information on this project, please use the link below All successful bidders will be required to furnish a Performance and then click on the project number: https://online.ogs.ny.gov/dnc/ Bond and a Labor and Material Bond in the statutory form of public contractorConsultant/esb/ESBPlansAvailableIndex.asp bonds required by Sections 136 and 137 of the State Finance Law, each for 100% of the amount of the Contract estimated to be between $1,000,000 and $2,000,000 for C. By John D. Lewyckyj, Deputy Director OGS - Design & Construction Group Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS D&C and a bidder during the procurement process. A bidder is REPLACE restricted from making contacts from the earliest posting, on the OGS BOILERS website, in a newspaper of general circulation, or in the Contract Brookwood Secure Reporter of written notice, advertisement or solicitation of offers Claverack, Columbia County through final award and approval of the contract by OGS D&C and the Office of the State Comptroller (“Restricted Period”) to other than Sealed bids for Project Nos. 45509-H, 45509-E, comprising sepa- designated staff unless it is a contact that is included among certain rate contracts for HVAC Work and Electrical Work, Replace Boilers, statutory exceptions set forth in State Finance Law § 139-j(3)(a). Brookwood Secure, 419 Spookrock Road, PO Box 265, Claverack Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in (Columbia County), NY, will be received by the Office of General the Division of Contract Management, telephone (518) 474-0203, fax Services (OGS), Design & Construction Group (D&C), Division of (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Contract Management, 35th Fl., Corning Tower, Empire State Plaza, Construction Group, telephone (518) 474-0201, fax (518) 486-1650. Albany, NY 12242, on behalf of the Office for Children and Family OGS D&C employees are also required to obtain certain information Services, until 2:00 p.m. on Wednesday, March 20th, 2019 when they when contacted during the restricted period and make a determination will be publicly opened and read. Each bid must be prepared and of the responsibility of the bidder pursuant to these two statutes. submitted in accordance with the Instructions to Bidders and must be Certain findings of non-responsibility can result in rejection for accompanied by a certified check, bank check, or bid bond in the contract award and in the event of two findings within a four-year pe- amount of $66,000 for H and $15,400 for E. riod, the bidder is debarred from obtaining governmental Procurement All successful bidders will be required to furnish a Performance Contracts. Bidders responding to this Advertisement must familiarize Bond and a Labor and Material Bond in the statutory form of public themselves with the State Finance Law requirements and will be bonds required by Sections 136 and 137 of the State Finance Law, expected to affirm that they understand and agree to comply on the bid each for 100% of the amount of the Contract estimated to be between form. Further information about these requirements can be found $1,000,000 and $2,000,000 for H and between $100,000 and $250,000 within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ for E. regulations/defaultAdvisoryCouncil.html Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation The substantial completion date for this project is 171 days after the includes and imposes certain restrictions on communications between Agreement is approved by the Comptroller. OGS D&C and a bidder during the procurement process. A bidder is The only time prospective bidders will be allowed to visit the job restricted from making contacts from the earliest posting, on the OGS site to take field measurements and examine existing conditions of the website, in a newspaper of general circulation, or in the Contract project area will be at 9:00 a.m. on March 8, 2019 at Empire State Reporter of written notice, advertisement or solicitation of offers Plaza, Concourse Room 125, Albany, NY. Prospective bidders are through final award and approval of the contract by OGS D&C and urged to visit the site at this time. Prospective bidders or their the Office of the State Comptroller (“Restricted Period”) to other than representatives attending the pre-bid site visit will not be admitted on designated staff unless it is a contact that is included among certain facility grounds without proper photo identification. Note that parking statutory exceptions set forth in State Finance Law § 139-j(3)(a). restrictions and security provisions will apply and all vehicles will be Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in subject to search. the Division of Contract Management, telephone (518) 474-0203, fax For assistance pertaining to the site visit only, please phone Eric (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Luft (518) 474-8778. Construction Group, telephone (518) 474-0201, fax (518) 486-1650. Pursuant to New York State Executive Law Article 15-A and the OGS D&C employees are also required to obtain certain information rules and regulations promulgated thereunder, OGS is required to when contacted during the restricted period and make a determination promote opportunities for the maximum feasible participation of New of the responsibility of the bidder pursuant to these two statutes. York State-certified Minority- and Women-owned Business Enter- Certain findings of non-responsibility can result in rejection for prises (“MWBEs”) and the employment of minority group members contract award and in the event of two findings within a four-year pe- and women in the performance of OGS contracts. All bidders are riod, the bidder is debarred from obtaining governmental Procurement expected to cooperate in implementing this policy. OGS hereby Contracts. Bidders responding to this Advertisement must familiarize establishes an overall goal of 30% for MWBE participation, 15% for themselves with the State Finance Law requirements and will be Minority-Owned Business Enterprises (“MBE”) participation and expected to affirm that they understand and agree to comply on the bid 15% for Women-Owned Business Enterprises (“WBE”) participation form. Further information about these requirements can be found (based on the current availability of qualified MBEs and WBEs). The within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ total contract goal can be obtained by utilizing any combination of regulations/defaultAdvisoryCouncil.html MBE and /or WBE participation for subcontracting and supplies The substantial completion date for this project is 199 days. acquired under this Contract. The only time prospective bidders will be allowed to visit the job The Office of General Services reserves the right to reject any or all site to take field measurements and examine existing conditions of the bids. project area will be at 10:00 a.m. on March 8th, 2019 at Brookwood The Bidding and Contract Documents for this Project are available Secure Center, Maintenance Building, 419 Spook Rock Rd. Claverack on compact disc (CD) only, and may be obtained for an $8.00 deposit NY. Prospective bidders are urged to visit the site at this time. Pro- per set, plus a $2.00 per set shipping and handling fee. Contractors spective bidders or their representatives attending the pre-bid site visit and other interested parties can order CD’s on-line through a secure will not be admitted on facility grounds without proper photo web interface available 24 hours a day, 7 days a week. Please use the identification. Note that parking restrictions and security provisions following link at the OGS website for ordering and payment will apply and all vehicles will be subject to search. instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp Phone the office of Karen Disonell, (518-731-1931) a minimum of

52 NYS Register/March 13, 2019 Advertisements for Bidders/Contractors

48hours 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) for HVAC Work and an overall goal of 4% for MWBE participation, 2% for Minority-Owned Business Enterprises (“MBE”) participation and 2% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs) for Electrical Work. 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 and other interested parties can order CD’s on-line through a secure web interface available 24 hours a day, 7 days a week. Please use the following link at the OGS website for ordering and payment instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp For questions about purchase of bid documents, please send an e-mail to [email protected], or call (518) 474-0203. For additional information on this project, please use the link below and then click on the project number: https://online.ogs.ny.gov/dnc/ contractorConsultant/esb/ESBPlansAvailableIndex.asp

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

MISCELLANEOUS NOTICES/HEARINGS Notice of Abandoned Property PUBLIC NOTICE Received by the State Comptroller Department of State F-2018-1132 Pursuant to provisions of the Abandoned Property Law and related Date of Issuance – March 13, 2019 laws, the Office of the State Comptroller receives unclaimed monies The New York State Department of State (DOS) is required by and other property deemed abandoned. A list of the names and last Federal regulations to provide timely public notice for the activities known addresses of the entitled owners of this abandoned property is described below, which are subject to the consistency provisions of maintained by the office in accordance with Section 1401 of the the Federal Coastal Zone Management Act of 1972, as amended. Abandoned Property Law. Interested parties may inquire if they ap- The applicant has certified that the proposed activity complies with pear on the Abandoned Property Listing by contacting the Office of and will be conducted in a manner consistent with the approved New Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 York State Coastal Management Program. The applicant’s consis- p.m., at: tency certification and accompanying public information and data are available for inspection on the New York State Department of State’s 1-800-221-9311 website at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- or visit our web site at: 2018-1132HumphriesDockExtensions.pdf www.osc.state.ny.us In F-2018-1132, or the “Humphries Dock Extensions”, the ap- plicants – Kent and Deborah Humphries – propose 35 feet dock exten- Claims for abandoned property must be filed with the New York sion to the western dock and a 5 feet extension on the eastern dock. State Comptroller’s Office of Unclaimed Funds as provided in Section The purpose of the proposed project is to accommodate a larger vessel 1406 of the Abandoned Property Law. For further information contact: at the western dock and to accommodate an additional vessel at the Office of the State Comptroller, Office of Unclaimed Funds, 110 State eastern dock. The project is located across from lot #326 on Coast Av- St., Albany, NY 12236. enue East in the Town of Orleans, Jefferson County on the St. Lawrence River. NOTICE OF Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing PUBLIC HEARING their comments, in writing, no later than 4:30 p.m., 15 days from the City of Buffalo Common Council and Buffalo Water Board date of publication of this notice, or, March 28, 2018. Comments should be addressed to the Consistency Review Unit, Pursuant to New York State Public Authorities Law section 1048- Department of State, Planning, Development and Community Infra- i(4), the City of Buffalo Common Council and the Buffalo Water structure, One Commerce Plaza, 99 Washington Ave., Albany, NY Board hereby give notice of a public hearing: 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected] Time and 2:00 p.m., Tuesday, April 16, 2019 This notice is promulgated in accordance with Title 15, Code of Date: Federal Regulations, Part 930. Place: Common Council Chambers, 13th Floor City Hall, 65 Niagara Square, Buffalo, New York 14202 PUBLIC NOTICE Purpose: A joint hearing will be held by the City of Buffalo Com- mon Council and the Buffalo Water Board for the Department of State purpose of soliciting public comment from all persons F-2018-1133 who use the Buffalo Water System concerning the Date of Issuance – March 13, 2019 proposed amendment to Appendix A of the Financing Agreement by and among the City of Buffalo, the Buf- The New York State Department of State (DOS) is required by falo Municipal Water Finance Authority and the Buffalo Federal regulations to provide timely public notice for the activities Water Board concerning the Buffalo Water Board’s six described below, which are subject to the consistency provisions of year capital improvement program, to be financed by the Federal Coastal Zone Management Act of 1972, as amended. bonds to be issued by the Buffalo Municipal Water The applicant has certified that the proposed activity complies with Finance Authority. A copy of the proposed amendment is available for public inspection at the office of the and will be conducted in a manner consistent with the approved New Clerk of the City of Buffalo at 1308 City Hall, Buffalo, York State Coastal Management Program. The applicant’s consis- New York 14202, (716) 851-5431, and the Buffalo Wa- tency certification and accompanying public information and data are ter Board at 602 City Hall, Buffalo, New York 14202. available for inspection on the New York State Department of State’s website at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- 2018-1133DigregorioDock.pdf For further information, contact: Buffalo Water Board and City of In F-2018-1133, or the “DiGregorio Residential Dock”, the ap- Buffalo, Peter J. Merlo, P.E., City of Buffalo Principal Engineer and plicants – Robert & Mary Kate DiGregorio – propose to construct a Secretary of Buffalo Water Board, 602 City Hall, Buffalo, NY 14202, 4’x 98’ fixed catwalk and a 4’x 24’ fixed “L” section. The applicant (716) 851-9626, e-mail: [email protected] also proposes to construct four 8” diameter anchor pilings, a 3’ wide

55 Miscellaneous Notices/Hearings NYS Register/March 13, 2019 crossover stairway over the catwalk, a 4’ x 8’ platform and 3’ x 8’ and will be conducted in a manner consistent with the approved New steps landward of the masonry wall. The purpose of the proposed proj- York State Coastal Management Program. The applicant’s consis- ect is “to exercise the upland property owners’ riparian rights to access tency certification and accompanying public information and data are navigable water in order to engage in water dependent activities. The available for inspection at the New York State Department of State of- proposed dock structure will be used to berth a small family boat.” fices located at One Commerce Plaza, 99 Washington Avenue, in The project is located at 1000 Oak Street in the Town of Southold, Albany, New York. Suffolk County on the East Creek. In F-2018-1259, The New York Athletic Club, Travers Island, Town Any interested parties and/or agencies desiring to express their of Pelham, Westchester County, New Rochelle Harbor, Long Island views concerning the above proposed activities may do so by filing Sound, is proposing the maintenance and new dredging of an ap- their comments, in writing, no later than 4:30 p.m., 15 days from the proximately 161,490 square feet area at the existing marina facility date of publication of this notice, or, March 28, 2018. with subsequent disposal of up to 10,300 cubic yards at the Western Comments should be addressed to the Consistency Review Unit, Long Island Sound Disposal Site (WLDS). Department of State, Planning, Development and Community Infra- The applicant’s consistency certification and supporting informa- structure, One Commerce Plaza, 99 Washington Ave., Albany, NY tion are available for review at: http://www.dos.ny.gov/opd/programs/ 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions pdfs/Consistency/F-2018-1259NYACConsistencyCertification.pdf can be made by email at: [email protected] On February 6, 2019, the DOS requested additional information This notice is promulgated in accordance with Title 15, Code of from the applicant regarding the suitability of the dredged material for Federal Regulations, Part 930. placement at the WLDS. This information has not yet been provided by the applicant. PUBLIC NOTICE The WLDS is an open-water disposal site located in Long Island Department of State Sound at LAT: 40.99167, LONG: -73.4825 and was designated by the F-2018-1249 U.S. Environmental Protection Agency in 2005 and amended in 2016. Date of Issuance – March 13, 2019 Additional information regarding the WLDS designation can be found at: https://www.epa.gov/ocean-dumping/dredged-material- The New York State Department of State (DOS) is required by management-long-island-sound Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of Any interested parties and/or agencies desiring to express their the Federal Coastal Zone Management Act of 1972, as amended. views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from The applicant has certified that the proposed activity complies with the date of publication of this notice, or by March 28, 2019. and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant’s consis- Comments should be addressed to the Consistency Review Unit, tency certification and accompanying public information and data are Department of State, Office of Planning, Development & Community available for inspection at the New York State Department of State of- Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, fices located at One Commerce Plaza, 99 Washington Avenue, in NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submis- Albany, New York. sions can be made by email at: [email protected] Please reference file no. F-2018-1259 on all correspondence. In F-2018-1249, The Akiva Goldsman Separate Property Trust, 1431 Meadow Lane, Southampton, Suffolk, Shinnecock Bay is This notice is promulgated in accordance with Title 15, Code of proposing the Construction a dock that consists of a 4’x14’ ramp up; Federal Regulations, Part 930. connecting to a 4’x14’ fixed pier catwalk measuring 4.5’ above grade over vegetation; connecting to a 4’x14’ ramp down; leading to a PUBLIC NOTICE 4’x12’ catwalk measuring 26’’ above MHW; connected to a 4’x6’ Department of State lower platform with ladder from which to launch kayaks, canoes, F-2018-1342 and/or paddle boards. A 4’x10’ open frame dinghy sling is proposed off the side of the 4’x12’ catwalk (over open water). Date of Issuance – March 13, 2019 The applicant’s consistency certification and supporting informa- The New York State Department of State (DOS) is required by tion are available for review at: http://www.dos.ny.gov/opd/programs/ Federal regulations to provide timely public notice for the activities pdfs/Consistency/F-2018-1249AkivaConsistencyCertification.pdf described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended. Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by The applicant has certified that the proposed activity complies with filing their comments, in writing, no later than 4:30 p.m., 15 days from and will be conducted in a manner consistent with the approved New the date of publication of this notice, or by March 28, 2019. York State Coastal Management Program. The applicant’s consistency certification and accompanying public information and data are Comments should be addressed to the Consistency Review Unit, available for inspection at the New York State Department of State of- Department of State, Office of Planning, Development & Community fices located at One Commerce Plaza, 99 Washington Avenue, in Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, Albany, New York. NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected] In F-2018-1342, The Town of Oyster Bay has submitted a consistency certification for the installation of new dock facilities for use by This notice is promulgated in accordance with Title 15, Code of the Oyster Bay Baymens Association at the Western Waterfront Park, Federal Regulations, Part 930. for the purpose of Oyster cultivation. The new “L-shaped” facility will be placed parallel to and along the east side of the existing fishing PUBLIC NOTICE pier to create a work area for oyster cultivation. The dock will be Department of State comprised of the following structures: F-2018-1259 D A 6' x 60' aluminum gangway; Date of Issuance – March 13, 2019 D Eighteen (18) 12 diameter piles; and The New York State Department of State (DOS) is required by D a 6' x 100' float and a 6' x 63.3' float. Federal regulations to provide timely public notice for the activities The applicant’s consistency certification and supporting informa- described below, which are subject to the consistency provisions of tion are available for review at: http://www.dos.ny.gov/opd/programs/ the Federal Coastal Zone Management Act of 1972, as amended. pdfs/Consistency/F-2018-1342TofOBayConsistencyCertification.pdf The applicant has certified that the proposed activity complies with Any interested parties and/or agencies desiring to express their

56 NYS Register/March 13, 2019 Miscellaneous Notices/Hearings views concerning any of the above proposed activities may do so by described below, which are subject to the consistency provisions of filing their comments, in writing, no later than 4:30 p.m., 15 days from the Federal Coastal Zone Management Act of 1972, as amended. the date of publication of this notice, or by March 28, 2019. The applicant has certified that the proposed activity complies with Comments should be addressed to the Consistency Review Unit, and will be conducted in a manner consistent with the approved New Department of State, Office of Planning, Development & Community York State Coastal Management Program. The applicant’s consis- Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, tency certification and accompanying public information and data are NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submis- available for inspection at the New York State Department of State of- sions can be made by email at: [email protected] Please reference file fices located at One Commerce Plaza, 99 Washington Avenue, in no. F-2018-1342 on all correspondence. Albany, New York. This notice is promulgated in accordance with Title 15, Code of In F-2019-0047, The New York City Economic Development Federal Regulations, Part 930. Corporation (EDC), is proposing the maintenance dredging of the existing channel within Hammond Cove, Eastchester Bay, Long Island Sound, Borough of Bronx, Kings County, New York City. Ap- PUBLIC NOTICE proximately 10,500 cubic yards (cy) of material will be removed with Department of State subsequent proposed disposal at the Western Long Island Sound Dis- F-2018-1377 posal Site (WLDS). Date of Issuance – March 13, 2019 On February 21, 2019, the DOS requested additional information The New York State Department of State (DOS) is required by from the applicant regarding the suitability of the dredged material for Federal regulations to provide timely public notice for the activities placement at the WLDS. This information has not yet been provided described below, which are subject to the consistency provisions of by the applicant. the Federal Coastal Zone Management Act of 1972, as amended. The applicant’s consistency certification and supporting informa- The applicant has certified that the proposed activities comply with tion are available for review at: http://www.dos.ny.gov/opd/programs/ and will be conducted in a manner consistent to the maximum extent pdfs/Consistency/F-2019-0047NYCEDCHammondCoveConsistency practicable with the federally approved New York State Coastal Cert.pdf Management Program (NYSCMP). The applicant’s consistency certi- The WLDS is an open-water disposal site located in Long Island fication and accompanying public information and data are available Sound at LAT: 40.99167, LONG: -73.4825 and was designated by the for inspection at the New York State Department of State offices lo- U.S. Environmental Protection Agency in 2005 and amended in 2016. cated at One Commerce Plaza, 99 Washington Avenue, in Albany, Additional information regarding the WLDS designation can be found New York. at: https://www.epa.gov/ocean-dumping/dredged-material- In F-2018-1377, the applicant, Town of Babylon, is seeking autho- management-long-island-sound rization under a U.S. Army Corps of Engineers nationwide permit Any interested parties and/or agencies desiring to express their number 13 to conduct activities to restore a 22’ wide by 1,489’ long views concerning any of the above proposed activities may do so by portion of the east-west roadway known as Oak Beach Road, within filing their comments, in writing, no later than 4:30 p.m., 15 days from the Town of Babylon, Suffolk County, and to perform stabilization of the date of publication of this notice, or by March 28, 2019. selected portions of the adjacent shoreline. The roadway has been af- Comments should be addressed to the Consistency Review Unit, fected by erosion and extreme events. The roadway runs along the Department of State, Office of Planning, Development & Community Fire Island Inlet at Great South Bay and is the only ingress/ egress for Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, residents at Oak Beach. NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submis- The proposed project includes the restoration and raising of the sions can be made by email at: [email protected] existing roadway; installation of two shoreline stabilization structures This notice is promulgated in accordance with Title 15, Code of – a 13,100 square foot vegetated bioswale on the north side of the Federal Regulations, Part 930. roadway and a 13,450 square foot planted stabilization berm on the south side of the roadway. Appropriate native species will be utilized within each of these structures. PUBLIC NOTICE The applicant’s consistency certification and accompanying public Department of State information and data are available for inspection at the New York F-2019-0088 State Department of State offices located at One Commerce Plaza, 99 Date of Issuance – March 13, 2019 Washington Avenue, in Albany, New York. Or at the following The New York State Department of State (DOS) is required by hyperlink: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- Federal regulations to provide timely public notice for the activities 2018-1377_Application.pdf described below, which are subject to the consistency provisions of Any interested parties and/or agencies desiring to express their the Federal Coastal Zone Management Act of 1972, as amended. views concerning any of the above proposed activities may do so by The applicant has certified that the proposed activities comply with filing their comments, in writing, no later than 4:30 p.m., 15 days from and will be conducted in a manner consistent to the maximum extent the date of publication of this notice or March 28, 2019. practicable with the federally approved New York State Coastal Comments should be addressed to the Department of State, Office Management Program (NYSCMP). The applicant’s consistency certi- of Planning and Development and Community Infrastructure, Consis- fication and accompanying public information and data are available tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington for inspection at the New York State Department of State offices lo- Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Com- cated at One Commerce Plaza, 99 Washington Avenue, in Albany, ments can also be submitted electronically via e-mail to: New York. [email protected] In F-2019-0088, the applicant, New York Harbor Foundation, Inc., This notice is promulgated in accordance with Title 15, Code of in cooperation with the New York City Department of Parks and Rec- Federal Regulations, Part 930. reation (NYC DPR), is seeking authorizations to place approximately 1,400 cubic yards of in water fill as shell material and welded steel PUBLIC NOTICE gabion baskets below mean low water on the East River bottom with a Department of State footprint of approximately 0.86 acres adjacent to the Soundview Park, Bronx, NY. The purpose of the project is to build upon and expand an F-2019-0047 oyster restoration activity/study that has occurred previously on this Date of Issuance – March 13, 2019 site. The proposed expansion of the project will add additional The New York State Department of State (DOS) is required by structure for oyster attachment and growth. No changes are proposed Federal regulations to provide timely public notice for the activities to the existing structure.

57 Miscellaneous Notices/Hearings NYS Register/March 13, 2019

The proposed activities would be undertaken within the New York This notice is promulgated in accordance with Title 15, Code of City Waterfront Revitalization Program (WRP) planning area. As the Federal Regulations, Part 930. WRP is a component of the NYSCMP, activities under federal permit- ting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More informa- PUBLIC NOTICE tion regarding the WRP and its policies may be found at: https:// Department of State docs.dos.ny.gov/opd-lwrp/LWRP/New%20York%20City/ F-2019-0129 (DA) IndexAmd2.html Date of Issuance – March 13, 2019 The applicant’s consistency certification and accompanying public The New York State Department of State (DOS) is required by information and data are available for inspection at the New York Federal regulations to provide timely public notice for the activities State Department of State offices located at One Commerce Plaza, 99 described below, which are subject to the consistency provisions of Washington Avenue, in Albany, New York. Or at the following the Federal Coastal Zone Management Act of 1972, as amended. hyperlink: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- 2019-0088_Application.pdf A federal agency has determined that the proposed activity complies Any interested parties and/or agencies desiring to express their with and will be conducted in a manner consistent to the maximum views concerning any of the above proposed activities may do so by extent practicable with the approved New York State Coastal Manage- filing their comments, in writing, no later than 4:30 p.m., 15 days from ment Program. The agency’s consistency determination and ac- the date of publication of this notice or March 28, 2019. companying public information and data are available for inspection Comments should be addressed to the Department of State, Office at the New York State Department of State offices located at One Com- of Planning and Development and Community Infrastructure, Consis- merce Plaza, 99 Washington Avenue, in Albany, New York. tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington In F-2019-0129 (DA), The New York District Corps of Engineers Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Com- (Corps) has submitted a consistency determination and final project ments can also be submitted electronically via e-mail to: description for the Fire Island to Montauk Point (FIMP) General [email protected] Reevaluation Report (GRR) and Environmental Impact Statement This notice is promulgated in accordance with Title 15, Code of (EIS), and the Final Monitoring and Adaptive Management Plan. Federal Regulations, Part 930. The Recommended Plan for the Fire Island to Montauk Point New York Hurricane Sandy project area provides a systems approach for PUBLIC NOTICE Coastal Storm Risk Management (CSRM) that balances the risks to human life and property, while maintaining and restoring the natural Department of State coastal processes and ecosystem integrity. F-2019-0103 (DA) The current plan, outlined below, reflects modifications and refine- Date of Issuance – March 13, 2019 ments to the Tentatively Selected Plan (TSP) that was proposed in the The New York State Department of State (DOS) is required by June 2016 Draft HSGRR/EIS, based on public and agency review Federal regulations to provide timely public notice for the activities comments, and subsequent discussions to identify the USACE/DOI described below, which are subject to the consistency provisions of mutually acceptable plan, and subsequent coordination with the local the Federal Coastal Zone Management Act of 1972, as amended. sponsor. A federal agency has determined that the proposed activity complies Inlet Sand Bypassing with and will be conducted in a manner consistent to the maximum D Provides for sufficient sand bypassing across Fire Island, Mor- extent practicable with the approved New York State Coastal Manage- iches, and Shinnecock Inlets to restore the natural longshore transport ment Program. The agency’s consistency determination and ac- of sand along the barrier island for 50 years. Scheduled O&M dredg- companying public information and data are available for inspection ing of the authorized navigation channel and deposition basin with at the New York State Department of State offices located at One Com- sand placement on the barrier island will be supplemented, as needed, merce Plaza, 99 Washington Avenue, in Albany, New York. by dredging from the adjacent ebb shoals of each inlet to obtain the In F-2019-0103 (DA), The New York District Corps of Engineers required volume of sand needed for bypassing. (Corps) has completed the Draft Integrated Feasibility Report and D The bypassed sand will be placed in a berm template at elevation Environmental Impact Statement for flood risk management measures +9.5 feet (ft) NGVD 29 in identified placement areas. along the Byram River within the Town of Greenwich, Fairfield D Monitoring is included to facilitate adaptive management changes. County, CT and The Village of Port Chester, Westchester County, NY. Mainland Nonstructural The Tentatively Selected Plan (TSP) that is being advanced is the D Flood Risk Management alternative #5, which consists of replacing Addresses approximately 4,432 structures within the 10-year the two existing U.S. Route 1 bridges with two new bridges to improve floodplain using nonstructural measures, primarily, structural eleva- the conveyance of the Byram River. The TSP will decrease the extent tions and building retrofits, based upon structure type and condition. of the floodplain and reduce the water surface elevation behind the D Includes localized acquisition in areas subject to high frequency bridges during storm events, resulting in a decreased risk of damages flooding, and reestablishment of natural floodplain function. to surrounding areas. Breach Response on Barrier Islands – Provides for the following The Corps’ submission can be viewed at: http://www.dos.ny.gov/ types of Breach Response opd/programs/pdfs/Consistency/F-2019-0103(DA) D Proactive Breach Response – is a response plan which is triggered ConsistencyDetermination.pdf and the Corps’ project documents can when the beach and dune are lowered below a 4% level of perfor- be downloaded from their website at: https://www.nan.usace.army.mil/ mance and provides for restoration of a dune at +13 ft NGVD 29 and a Byram/ 90 ft berm. Any interested parties and/or agencies desiring to express their D Reactive Breach Response – is a response plan which is triggered views concerning any of the above proposed activities may do so by when a breach has physically occurred, e.g. the condition where there filing their comments, in writing, no later than 4:30 p.m., 30 days from is an exchange of ocean and bay water during normal tidal conditions. the date of publication of this notice, or by April 12, 2019. It is utilized, as needed, in locations that receive beach and dune place- Comments should be addressed to the Department of State, Office ment, and also in locations where there is agreement that a breach of Planning, Development & Community Infrastructure, One Com- should be closed quickly, such as Robert Moses State Park and the merce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Talisman Federal tract. Fax (518) 473-2464. Electronic comments submissions can be emailed D Conditional Breach Response – is a response plan that applies to to: [email protected] Please reference file no. F-2019-0103 (DA) in all the large, Federally-owned tracts within Fire Island National Seashore correspondence. where the Breach Closure Team determines whether the breach is clos-

58 NYS Register/March 13, 2019 Miscellaneous Notices/Hearings ing naturally, and if found not to be closed at Day 60, that closure Comments should be addressed to the Department of State, Office would begin on Day 60. Conditional Breach closure provides for a 90 of Planning, Development & Community Infrastructure, One Com- ft wide berm at elevation +9.5 ft and no dune. merce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, D Wilderness Conditional Breach Response – is a response plan that Fax (518) 473-2464. Electronic comments submissions can be emailed applies to the Wilderness Federally-owned tracts within Fire Island to: [email protected] Please reference file no. F-2019-0129(DA) in all National Seashore, where the Breach Closure Team determines correspondence. whether a breach should be closed, based upon whether the breach is This notice is promulgated in accordance with Title 15, Code of closing naturally and whether the breach is likely to cause significant Federal Regulations, Part 930. damage. Beach and Dune Fill on Shorefront PUBLIC NOTICE D Provides for a 90 ft wide berm and +15 ft dune along the developed shorefront areas on Fire Island and Westhampton barrier Department of State islands. F-2019-0130 D All dunes will be planted with dune grass except where noted. Date of Issuance – March 13, 2019 D On Fire Island the post-Sandy optimized alignment is followed The New York State Department of State (DOS) is required by and includes overfill in the developed locations to minimize tapers Federal regulations to provide timely public notice for the activities into Federal tracts. described below, which are subject to the consistency provisions of D Renourishment takes place approximately every 4 years for up to the Federal Coastal Zone Management Act of 1972, as amended. 30 years after project completion; while proactive breach response The applicant has certified that the proposed activity complies with takes place from years 31 to 50. and will be conducted in a manner consistent with the approved New D Provides for adaptive management to ensure the volume and York State Coastal Management Program. placement configuration accomplishes the design objectives of offset- In F-2019-0130 or the “Transportation Regional General Permit”, ting long-term erosion. the applicant is U.S. Army Corps of Engineers New York and Buffalo D Provides for construction of a feeder beach every 4 years for up to Districts. The District Commanders, U.S. Army Corps of Engineers 30 years at Montauk Beach. (USACE) Districts, Buffalo and New York, are considering, in Groin Modifications cooperation with the Federal Highway Administration (FHWA), D Provides for removal of the existing Ocean Beach groins. establishing Transportation Regional General Permit (TRGP-1) pur- Coastal Process Features (CPFs) suant to Section 10 of the Rivers and Harbors Act of 1899 (RHA) (33 USC 403) and Section 404 of the Clean Water Act (CWA) (33 USC D Provides for 12 barrier island locations and two mainland loca- 1344) for work related to transportation projects proposed by the New tions as coastal process features. York State Department of Transportation (NYSDOT), the New York D Includes placement of approximately 4.2M cubic yards (CY) of State Thruway Authority (NYSTA), and the New York State Canal sediment in accordance with the Policy Waiver for a Mutually Accept- Corporation (NYSCC) that are located within the State of New York able Plan between the Department of the Army and the Department of and subject to regulation by the USACE Districts, Buffalo and New the Interior. Sediment will be placed along the barrier island bayside York. Any further information regarding the USACE public notice can shoreline over the period of analysis that reestablishes the coastal be found at: https://www.lrb.usace.army.mil/Missions/Regulatory/ processes consistent with the reformulation objective of no net loss of Public-Notices/ habitat or sediment. The placement of sediment along the bay The applicant’s consistency certification and supporting informa- shoreline will be conducted in conjunction with other nearby beach tion are available for review at: http://www.dos.ny.gov/opd/programs/ fill operations undertaken on the barrier island shorefront. pdfs/Consistency/F-2019-0130_TRGP.pdf D The CPFs will compensate for reductions in cross-island transport Original copies of public information and data submitted by the ap- and sediment input to the Bay, offset Endangered Species Act impacts plicant are available for inspection at the New York State Department from the placement of sediment along the barrier island shorefront, of State offices located at One Commerce Plaza, 99 Washington Ave- augment the resiliency. nue, in Albany, New York. Adaptive Management Any interested parties and/or agencies desiring to express their D Provides for monitoring and the ability to adjust specific project views concerning any of the above proposed activities may do so by features to improve effectiveness and achieve project objectives. filing their comments, in writing, no later than 4:30 p.m., 30 days from D Climate change will be accounted for with the monitoring of the date of publication of this notice, or, April 12, 2019. climate change parameters, identification of the effect of climate Comments should be addressed to the Consistency Review Unit, change on the project design and identification of adaptation measures Department of State, Office of Planning, Development & Community that are necessary to accommodate climate changes as it relates to all Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, the project elements. NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submis- Integration of Local Land Use Regulations and Management sions can be made by email at: [email protected] D Upon project completion, the U.S. Army Corps of Engineer’s This notice is promulgated in accordance with Title 15, Code of Project’s Annual Inspection of Completed Works (ICW) program Federal Regulations, Part 930. provides for monitoring and reporting of any new development within the project area to the appropriate federal, state, and local entities PUBLIC NOTICE responsible for enforcing applicable land use regulations. Department of State The Corps’ consistency determination can be viewed at: http:// www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019- F-2019-0133 0129(DA)FIMPConsistencyDetermination.pdf and the Corps’ project Date of Issuance – March 13, 2019 documents can be downloaded from their website at: https:// The New York State Department of State (DOS) is required by www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New- Federal regulations to provide timely public notice for the activities York/Fire-Island-to-Montauk-Point-Reformulation-Study/FIMP- described below, which are subject to the consistency provisions of About/ the Federal Coastal Zone Management Act (CZMA) of 1972, as Any interested parties and/or agencies desiring to express their amended. views concerning any of the above proposed activities may do so by The applicant has certified that the proposed activities comply with filing their comments, in writing, no later than 4:30 p.m., 30 days from and will be conducted in a manner consistent with the federally ap- the date of publication of this notice, or by April 12, 2019. proved New York State Coastal Management Program (NYSCMP).

59 Miscellaneous Notices/Hearings NYS Register/March 13, 2019

The applicant’s consistency certification and accompanying public in- notices of any subsequent proceeding may contact Brian Tollisen or formation and data are available for inspection at the New York State Neil Collier, Building Standards and Codes, Department of State, One Department of State offices located at One Commerce Plaza, 99 Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Washington Avenue, in Albany, New York. 4073 to make appropriate arrangements. In F-2019-0133, U.S. Military Academy is proposing to construct a 2019-0130 In the matter of King and King Architects, LLP, Craig new academic building within the Central Zone of the United States Dailey Aia, 358 West Jefferson Street, Syracuse, NY 13202 for Mount Military (USMA) at West Point. The New building, known as the Markham Central School District, for a variance concerning building Cyber and Engineering Academic Center, will be located at the site of and safety requirements including requirements to allow a building the former Central Apartments, Orange County located on the Hudson area to exceed the allowable building area and to omit a sprinkler River. system through-out the existing building. The applicant’s consistency certification and supporting informa- Involved is the addition to an existing one story educational oc- tion are available for review at: http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/F-2019-0133U.S.MilitaryAcademy cupancy, known as “Mount Markham High School” located at 545 Fairground Road, Village of West Winfield, County of Herkimer, New Any interested parties and/or agencies desiring to express their York. views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or April 12, 2019. PUBLIC NOTICE Comments should be addressed to the Department of State, Office Department of State of Planning and Development and Community Infrastructure, Consis- Uniform Code Variance / Appeal Petitions tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. Electronic submissions can Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions be made by email at: [email protected] below have been received by the Department of State. Unless other- wise indicated, they involve requests for relief from provisions of the This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930. New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollisen or PUBLIC NOTICE Neil Collier, Building Standards and Codes, Department of State, One Department of State Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- Uniform Code Variance / Appeal Petitions 4073 to make appropriate arrangements. Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions 2019-0131 In the matter of Ricardo Rumerez, 904 Dryden Road, below have been received by the Department of State. Unless other- Ithaca, NY for Alice Rumerez concerning safety requirements includ- wise indicated, they involve requests for relief from provisions of the ing a variance for reduction in required height of existing handrails New York State Uniform Fire Prevention and Building Code. Persons and guardrails. wishing to review any petitions, provide comments, or receive actual Involved is the certificate of compliance inspection of an existing notices of any subsequent proceeding may contact Brian Tollisen or residential occupancy, two stories in height, located at 806 East Seneca Neil Collier, Building Standards and Codes, Department of State, One Street, City of Ithaca, County of Tompkins, New York. Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- 4073 to make appropriate arrangements. 2019-0134 In the matter of Dutch Harvest Farm, LLC, Laura 2018-0502 Matter of Mark Anthony Architects, 1563 Bellmore Av- Huizinga, P.O. Box 252, Ithaca, NY 14851 for a variance concerning enue, Bellmore, NY 11710, for a variance concerning fire safety building and fire safety requirements including a variance to omit an requirements, including ceiling heights. Involved is an existing one automatic sprinkler system through-out the building. family dwelling located at 2569 Mariners Avenue, Town of Hemp- Involved is construction of a new two story assembly occupancy, stead, County of Nassau, State of New York. known as “Dutch Harvest Farm” located at 1487 Ridge Road, Town 2019-0081 Matter of Tim Kelly, Great Bay Marine, 2937 Sunrise of Lansing, County of Tompkins, New York. Highway, Islip Terrace, NY 11752, for a variance concerning flood safety requirements, including elevation of floor levels. Involved is a PUBLIC NOTICE new mercantile occupancy building located at 555 Montauk Highway, Department of State Incorporated Village Of Lindenhurst, County Of Suffolk, State of New York. Uniform Code Variance / Appeal Petitions 2019-0115 Matter of Eun Ham, Dina’s Cleaners, 5099 Merrick Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions Road, Massapequa, NY 11758, for a variance concerning accessibility below have been received by the Department of State. Unless other- requirements for toilet room facilities. Involved is an existing dry- wise indicated, they involve requests for relief from provisions of the cleaning establishment located at 5099B Merrick Road, Town Of Oys- New York State Uniform Fire Prevention and Building Code. Persons ter Bay, County Of Nassau, State of New York. wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollisen or 2018-0633 Matter of Orlis Alfaro, 808 County Line Road, Amity- Neil Collier, Building Standards and Codes, Department of State, One ville, NY 11701 for a variance concerning fire safety requirements, Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474- including ceiling heights. involved is an existing dwelling located at 4073 to make appropriate arrangements. 95 E. Pulaski Road, Town Of Huntington, County Of Suffolk, State of New York. 2019-0141 In the matter of AKS Apartments, LLC, Anna Sears, 3021 Elmwood Avenue, Rochester, NY 14618 concerning safety requirements including a variance for reduction in required height of PUBLIC NOTICE existing exterior porch guardrails. Department of State Involved is an existing residential occupancy, two stories in height, Uniform Code Variance / Appeal Petitions located at 309 East Court Street, City of Ithaca, County of Tompkins, Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions New York. below have been received by the Department of State. Unless other- 2019-0143 In the matter of AKS Apartments, LLC, Anna Sears, wise indicated, they involve requests for relief from provisions of the 3021 Elmwood Avenue, Rochester, NY 14618 concerning safety New York State Uniform Fire Prevention and Building Code. Persons requirements including a variance for reduction in required height of wishing to review any petitions, provide comments, or receive actual existing interior handrails and guardrails.

60 NYS Register/March 13, 2019 Miscellaneous Notices/Hearings

Involved is an existing residential occupancy, three stories in height, located at 313 East Court Street, City of Ithaca, County of Tompkins, New York. PUBLIC NOTICE Village of Rockville Centre Pursuant to Section 120-w of the New York State General Munici- pal Law, the Village of Rockville Centre (Nassau County) hereby gives notice that on February 25, 2019 the Village has issued a Request For Proposals (RFP) For Solid Waste Disposal Services. Interested companies may access the RFP at: www.rvcny.gov Sealed responses to the RFP must be submitted in writing, on the forms provided, to the contact person identiﬁed below, no later than 11:00 a.m. on March 11, 2019. Copies of the RFP are also available at: Rockville Centre Public Library, 221 N. Village Ave., Rockville Centre, NY, and Rockville Centre Village Hall, One College Place, Rockville Centre, NY. Contact Person: Kathy McMahon, PO Box 950, Rockville Centre, NY 11571, Fax: (516) 678-9306, e-mail: [email protected]