June 10, 2015 DEPARTMENT OF STATE Vol. XXXVII Division of Administrative Rules Issue 23 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Empire State Musical and Theatrical Production Tax Credit Program D Registration and Financial Responsibility Requirements for Mortgage Loan Servicers D Use of Truss Type Construction, Pre-Engineered Wood Construction or Timber Construction in Residential Structures

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

For notices published in this issue: – the 60-day period expires on August 9, 2015 – the 45-day period expires on July 25, 2015 – the 30-day period expires on July 10, 2015 ANDREW M. CUOMO GOVERNOR

CESAR A. PERALES SECRETARY OF STATE

NEW YORK STATE DEPARTMENT OF STATE

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

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

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New York State Register June 10, 2015/Volume XXXVII, Issue 23

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

Individuals may send public comment via electronic mail to those recipients who provided an e-mail address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings. Choose pertinent issue of the Register and follow the procedures on the website (www.dos.ny.gov) Rule Making Activities Agriculture and Markets, Department of 1 / Importation of Poultry, That Have Not Been Determined to be Free of Avian Influenza, into the State Economic Development, Department of 4 / Empire State Musical and Theatrical Production Tax Credit Program (ERP) 5 / Empire State Post Production Tax Credit Program (RP) Environmental Conservation, Department of 7 / Environmental Remediation - Brownfield Cleanup Program (P) Financial Services, Department of 9 / Registration and Financial Responsibility Requirements for Mortgage Loan Servicers (E) 13 / Debt Collection (P) Mental Health, Office of 14 / Personalized Recovery Oriented Services (PROS) (P) Public Service Commission 14 / Approving the Use of the Leviton Series 8000 Electric Submeter (A) 14 / Denying a Petition for Supplemental Benefits to the Renewable Portfolio Standard Program (A) 15 / Approving the Tariff Filing by Con Ed to Make Amendments to P.S.C. No. 4 — Steam (A) 15 / Authorizing the Petition by Madison to Submeter Electricity (A) 15 / Allowing Adams CATV, Inc. to Purchase 100% of the Stock of Oquaga Lake Cable System (A) 15 / Modification of New York American Water's Current Rate Plan (P) 16 / Notice of Intent to Submeter Electricity (P) State, Department of 17 / Use of Truss Type Construction, Pre-Engineered Wood Construction or Timber Construction in Res- idential Structures (E) 23 / Use of Truss Type Construction, Pre-Engineered Wood Construction or Timber Construction in Res- idential Structures (A) Temporary and Disability Assistance, Office of 26 / Emergency Shelter Allowances (P) Hearings Schedule for Proposed Rule Makings /29 Action Pending Index /31

Securities Offerings 73 / State Notices

Advertisements for Bidders/Contractors 75 / Sealed Bids

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

RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists 2. Legislative objectives: The proposed rule promotes the public policy, as expressed in Agricul- of 13 characters. For example, the I.D. No. ture and Markets Law sections 72 and 74, that the State’s animal industry, AAM-01-96-00001-E indicates the following: including its poultry industry, be protected from infectious diseases brought by animals imported into the State. The proposed rule advances AAM -the abbreviation to identify the adopting agency such public policy by requiring that all birds imported into the State for all 01 -the State Register issue number purposes other than immediate slaughter must be determined or certified to be free of avian influenza (a disease that could, if introduced into the 96 -the year State, devastate its poultry industry). 00001 -the Department of State number, assigned upon 3. Needs and benefits: receipt of notice. The proposed rule will amend sections 45.1 and 45.6 of 1 NYCRR. Section 45.1 will be amended by adding definitions for terms presently E -Emergency Rule Making—permanent action used in 1 NYCRR Part 45 as well as terms that will be used in the proposed not intended (This character could also be: A amendments to section 45.6. Section 45.6 will be amended by adding a for Adoption; P for Proposed Rule Making; RP new subdivision (g) thereto; that new subdivision will require that all birds imported into the State for purposes other than immediate slaughter must for Revised Rule Making; EP for a combined have been tested and certified to be free of avian influenza or originate Emergency and Proposed Rule Making; EA for from a flock that has been certified or designated to be free of avian an Emergency Rule Making that is permanent influenza. The proposed rule is necessary to protect New York’s poultry and does not expire 90 days after filing.) industry from avian influenza. Avian influenza is a respiratory disease of birds caused by Type A influenza virus. Avian influenza viruses are Italics contained in text denote new material. Brackets extremely contagious and are primarily spread through respiratory secre- tions and feces from infected birds. Transmission of the virus may occur indicate material to be deleted. through direct contact with infected birds or through an indirect route whereby the virus is carried on people’s clothing, shoes, and hands. Con- taminated vehicles and poultry crates are another means for disease to spread from farm to farm. In certain conditions, the virus may survive for long periods in the environment. Department of Agriculture and An outbreak of avian influenza could cause major economic losses to the State’s poultry industry. A significant outbreak could result in the Markets death or destruction of millions of birds. Furthermore, other states and foreign countries could embargo all poultry and poultry products from New York, causing economic losses to many of New York poultry pro- REGULATORY IMPACT ducers that depend on international trade. Avian influenza may also pose a threat to public health and safety. STATEMENT, Highly pathogenic avian influenza viruses have been associated with oc- REGULATORY FLEXIBILITY casional illness and death in humans in Asia, Africa, and Eastern Europe. Even though there does not appear to be any associated public health ANALYSIS, RURAL AREA concerns with the strains of avian influenza currently circulating in the FLEXIBILITY ANALYSIS U.S., the avian influenza virus has the potential to mutate to a form that could have a negative impact upon human health. AND/OR The proposed rule will require that imported birds be tested for avian JOB IMPACT STATMENT influenza within 10 days prior to entry into the State, or be from an avian influenza monitored source, or be from a flock certified by the National Importation of Poultry, That Have Not Been Determined to be Poultry Improvement Plan (“NPIP”), which is a national collaboration of Free of Avian Influenza, into the State state and federal departments of agriculture and representatives of the poultry industry, as being an “Avian Influenza Clean” or an U.S. H5/H7 I.D. No. AAM-22-15-00004-EP Avian Influenza Clean” flock (birds that are from an avian influenza monitored source, or from a flock certified by the NPIP, are tested in order to be so designated). The proposed rule, by requiring that the health status This regulatory impact statement, regulatory flexibility analysis, rural of birds prior to entry into the State be verified, will protect all of the sec- area flexibility analysis and/or job impact statement pertain(s) to a notice tors of the State’s poultry industry. of Emergency/Proposed rule making, I.D. No. AAM-22-15-00004-EP, 4. Costs: printed in the State Register on June 3, 2015. a) Costs to regulated parties for implementation of the proposed rule: Regulatory Impact Statement The proposed rule will require that all avian influenza testing done for 1. Statutory authority: purposes of importation be conducted using an official test at a USDA ap- Agriculture and Markets law sections 16 and 18 authorize the Commis- proved laboratory. The New York State Veterinary Diagnostic Laboratory sioner of Agriculture and Markets (“Commissioner”) to promulgate rules at Cornell University (“NYSVDL”) is the only approved laboratory in the necessary to carry out the powers and duties of the Department of State to conduct such testing. If birds were to be imported into New York Agriculture and Markets as set forth in the Agriculture and Markets Law. from a flock not certified by another state or by NPIP to be free of avian Agriculture and Markets Law section 72 authorizes the Commissioner to influenza, the proposed rule will require thirty birds from the relevant adopt rules designed to suppress and eradicate communicable diseases in source flock of such birds to be tested; NVSL would charge $127.50 to domestic animals. Agriculture and Markets Law section 74 prohibits a perform the appropriate blood or serum tests upon such birds (that is, 30 person from importing a domestic animal into New York which has an birds x $4.25/test = $127.50). infection or communicable disease. Notwithstanding the preceding, the blood or serum test is not a reliable

1 Rule Making Activities NYS Register/June 10, 2015 test for waterfowl; domestic ducks must be tested using the RRT-PCR Regulatory Flexibility Analysis (real-time reverse transcriptase polymerase chain reaction) test or virus 1. Effect of rule: isolation test, and other types of waterfowl such as geese and swans must The proposed rule will not regulate and has no effect upon local be tested using the virus isolation test. Each RRT-PCR test at the governments. The proposed rule will regulate poultry farmers and poultry NYSVDL costs $36.75. Up to eleven animal specimens may be pooled dealers that import poultry and poultry products (poultry breeding stock into one sample if testing gallinaceous species (such as chicken, grouse, and hatching eggs, baby poultry and started poultry) from other states. It is pheasants, or turkeys) and up to five specimens may be pooled if testing difficult to estimate the number of people who will be affected by the domestic ducks; as such, the total cost for testing a flock of chickens using proposed rule since there are numerous backyard poultry owners through- the RRT-PCR test type is $110.25 (3 samples [each consisting of 10 animal out the State. The 2012 Census of Agriculture indicates that there are specimens] x $36.75/test = $110.25) and the total cost for testing a flock 6,175 poultry farms in the State, many of which import hatching eggs and of domestic ducks using the RRT-PCR test is $220.50 (6 samples [each day-old chicks from out-of-state-hatcheries. The majority of hatcheries in consisting of 5 animal specimens] x $36.75/test = $220.50). The cost of the U.S. are already participants in the “U.S. Avian Influenza Clean” or the virus isolation test at the NYSVDL is $60.00. For virus isolation, the “U.S. H5/H7 Avian Influenza Clean” programs of the National Poultry animal specimens may be pooled up to 5 per sample tube. The cost to Improvement Plan (“NPIP”) which is a national collaboration of State and import waterfowl (other than domestic ducks) would cost a total of $360 federal departments of agriculture and representatives of the poultry (6 samples [each consisting of 5 animal specimens] x $60 = $360.) industry. Participants in the avian influenza monitored flock program would need to test 30 birds once per month. Flocks enrolled in NPIP’s U.S. Avian Persons who participate in NPIP are presently required, when shipping Influenza Clean program or U.S. H5/H7 Avian Influenza program would poultry from one state to another, to complete a USDA VS Form 9-3, need to test 30 birds every 90 days (egg type multiplier flocks, egg-type Report of Sales or Hatching Eggs, Chicks, and Poults. primary breeding, meat-type primary breeding and turkey breeding An examination of the USDA VS 9-3 Forms that were received by the flocks); 15 birds every 90 days (meat-type multiplier flocks); and 30 birds New York State Department of Agriculture and Markets as of April 28, every 180 days (hobbyist and exhibition waterfowl, exhibition poultry, 2015, for poultry and poultry products shipments during the months of game bird breeding flocks, and meat-type waterfowl breeding flocks.) March and April 2015 imported into New York State, revealed that 88% Producers would also need to acquire the services of an accredited vet- of the shipments (98 or 111 shipments) were from source flocks or hatcher- erinarian to obtain appropriate samples for testing. It is not anticipated that ies that were already participating in the U.S. Avian Influenza Clean regulated parties will incur any additional costs for such sampling because component of the program. Many of the hatcheries and breeder flocks all poultry located outside the State that is intended for importation into throughout the U.S. that ship interstate have achieved certification by the State is already required to be officially tested for pullorum-typhoid NPIP to meet the requirements of other states receiving their poultry and pursuant to 1 NYCRR section 57.3(i). In addition, a person importing products. poultry into the State would need to obtain a Certificate of Veterinary 2. Compliance requirements: Inspection. This cost varies by veterinarian services and location (average The proposed rule will require persons who import or cause the importa- $35-50/CVI.) However, importers who participate in the NPIP programs tion of poultry into New York to obtain a Certificate of Veterinary Inspec- may complete a USDA VS Form 9-3 in lieu of a CVI. In most states, there tion for each shipment, if that person does not participate in the NPIP. A is no charge for the USDA VS 9-3 forms. Certificate of Veterinary Inspection requires approval and countersignature The costs that will be imposed upon the poultry industry if the proposed of the Certificate by the State Animal Health Official indicating that the rule were promulgated are minimal when considering the impact that State Animal Health Official has verified that the requirements to qualify HPAI would have on the poultry industry in New York. In addition, many the poultry for import into the State have been met. The completion of a out of state hatcheries and poultry supply flocks are already participating Certificate of Veterinary Inspection and official testing for avian influenza in the NPIP Avian Influenza Clean program or the or H5/H7 Avian require the professional services of an accredited veterinarian. Influenza Clean program and, therefore, no additional costs would be A person who does participate in the NPIP will be required to obtain a incurred for the facilities already enrolled. USDA VS 9-3 Form. 5. Local government mandates: 3. Professional services: None. A person who imports or causes the importation of poultry into New 6. Paperwork: York will be required to hire a veterinarian to take the required samples The proposed rule requires a Certificate of Veterinary Inspection to be for testing for avian influenza and, if necessary, to complete a Certificate completed by an accredited veterinarian or a USDA VS Form 9-3 (for of Veterinary Inspection for each shipment of poultry into the State. An NPIP program participants) when importing poultry. importer will also be required to have samples tested only by an approved 7. Duplication: laboratory. The proposed rule does not duplicate any existing federal, state, or local 4. Compliance costs: government regulation. For importers who do not participate in NPIP, the cost incurred to 8. Alternatives: comply will be due to 1) the professional services of an accredited veteri- Two alternatives to the proposed rule were considered but were rejected narian to complete the Certificate of Veterinary Inspection and collect and as insufficient to protect the health and safety of the New York poultry submit the samples for avian influenza testing; and 2) avian influenza test- industry. The first alternative considered was maintaining the status quo, ing at a USDA approved laboratory. Average cost for a CVI is $35-$50 i.e. no requirement for avian influenza testing other than for birds that are per certificate. Under current New York regulation (1NYCRR 57), official supplied to live bird markets. With the introduction of HPAI into numer- testing of all poultry for pullorum-typhoid is required prior to importation ous states over the last several months, this alternative was rejected due to into New York. Official pullorum-typhoid testing requires the services of the fact that the New York poultry industry would not be adequately an accredited veterinarian or a State Animal Health Official. Therefore, it protected from the threat of disease. is anticipated that an additional call charge will not be incurred. Another alternative considered was to require testing from avian For flocks that are NPIP certified as Avian Influenza clean, the only influenza-affected states only. Again, this alternative was rejected due to costs will be those associated with avian influenza testing at a USDA ap- inadequate protection of the industry. HPAI continues to spread quickly proved laboratory since a USDA VS 9-3 Form may be used in lieu of a and efficiently throughout the United States through point introductions CVI. In most cases, the USDA VS 9-3 Forms are provided by state depart- rather than zonal spread. For this reason, avian influenza testing must be ments of agriculture or official state agencies of the NPIP at no cost to the required for any poultry entering from all states and countries. flock owners. The cost of avian influenza testing at a USDA approved lab- 9. Federal standards: oratory varies by the laboratory and the type of test selected. For example, The National Improvement Plan for Breeding and Commercial Poultry using the New York State Veterinary Diagnostic Laboratory fee schedule, is set forth in Title 9 of the Code of Federal Regulations Parts 145, 146, the total cost to test 30 chickens when testing blood or serum samples is and 147. The provisions of those Parts allow poultry producers and deal- approximately $127.50, and the cost of testing oropharyngeal swabs using ers to participate in the Plan upon a finding that their facilities, personnel, the RRT-PCR test, is approximately, $110.25. Domestic ducks must be and practices meet the standards set forth in the relevant provisions of tested using the RRT-PRC test on cloacal swabs and the total cost for test- such Parts. A participant in such Plan who has failed to comply with ap- ing a flock of domestic ducks will be approximately $220.50. Waterfowl plicable requirements, however, is “debarred” from participating and other than domestic ducks must be tested using the virus isolation test; the thereby loses the benefits associated with being a participant but is not cost to qualify a flock of waterfowl to move into the State using the virus subject to any other administrative action or penalty nor to any judicial isolation test is approximately $360.00. action. 5. Economic and technological feasibility: 10. Compliance schedule: The economic and technological feasibility of complying with the Persons who import poultry into the State for any purpose other than proposed rule has been assessed and compliance therewith is economi- immediate slaughter will be required to comply with the provisions of the cally and technologically feasible. The Department of Agriculture and proposed rule upon its adoption. Markets (“Department”) has determined that the majority of persons who

2 NYS Register/June 10, 2015 Rule Making Activities import or cause the importation of birds into the State already maintain since a USDA VS 9-3 Form may be used in lieu of a CVI. In most cases, flocks that are certified by the NPIP as U.S. Avian Influenza Clean or U.S. the USDA VS 9-3 Forms are provided by state departments of agriculture H5/H7 Avian Influenza Clean. Regarding producers who are not so certi- or official state agencies of the NPIP at no cost to the flock owners. The fied, nothing would, actually or effectively, preclude them from becoming cost of avian influenza testing at a USDA approved laboratory varies by so or ensuring that the required tests are properly performed, and the required documentation properly completed, before importation. the laboratory and the type of test selected. For example, using the New 6. Minimizing adverse impact: York State Veterinary Diagnostic Laboratory fee schedule, the total cost The proposed amendments were drafted to minimize reporting and test- to test 30 chickens when testing blood or serum samples is approximately ing requirements for all regulated parties. The Certificate of Veterinary $127.50, and the cost of testing oropharyngeal swabs using the RRT-PCR Inspection and avian influenza testing requirements are already in place test, is approximately, $110.25. Domestic ducks must be tested using the for importing birds for slaughter at a live bird market. In addition, many RRT-PRC test on cloacal swabs and the total cost for testing a flock of do- persons who import or cause the importation of birds into New York mestic ducks will be approximately $220.50. Waterfowl other than do- maintain flocks that have already been certified by NPIP as U.S. Avian mestic ducks must be tested using the virus isolation test; the cost to Influenza Clean or U.S. H5/H7 Avian Influenza Clean and, therefore, qualify a flock of waterfowl to move into the State using the virus isola- would fulfill the requirements for importation. tion test is approximately $360.00. 7. Small business and local government participation: A conference call with approximately 20 producers of poultry, located in New York, was held on March 30, 2015 and again on May 15, 2015. 4. Minimizing adverse impact: During the calls, Department staff informed such producers, all of whom import poultry from other states, that the proposed rule was under consideration. None of the producers, upon being generally informed of The proposed amendments were drafted to minimize reporting and test- the provisions of the proposed rule, conveyed any objections or sugges- tions for amendments thereto. ing requirements for all regulated parties including those located in rural The Department also intends to publish the proposed rule in the Cornell areas. The Certificate of Veterinary Inspection and avian influenza testing Cooperative Extension Newsletter, a publication widely read by those in requirements are already in place for importing birds for slaughter at a live the poultry industry, no later than June 15th, 2015. bird market. In addition, many persons who import or cause the importa- 8. Rules that establish a violation: tion of birds into New York maintain flocks that have already been certi- A person who imports or a causes the importation of poultry that has fied by NPIP as U.S. Avian Influenza Clean or U.S. H5/H7 Avian not been certified or determined to be free of avian influenza will be in Influenza Clean and, therefore, would fulfill the requirements for violation of the proposed rule. The proposed rule does not include a cure importation. period or an opportunity for ameliorative action; the Department cannot allow the importation of poultry, which may or may not be free of avian influenza, with the hope that the importer will, at some later point, be able 5. Rural area participation: to prove that such poultry is indeed free of avian influenza. Rural Area Flexibility Analysis 1. Types and estimated numbers of rural areas: A conference call with approximately 20 producers of poultry, located The proposed rule will regulate poultry farmers and poultry dealers that in New York, was held on March 30, 2015 and again on May 15, 2015. At import poultry and poultry products from other states. With the exception least eight of those producers were from counties that are rural in nature, of Albany, Bronx, Broome, Dutchess, Erie, Kings, Monroe, Nassau, New and at least two others reside in towns within non-rural counties that are, York, Niagara, Oneida, Onondaga, Orange, Queens, Richmond, Rockland, nevertheless, deemed rural areas. During the calls, Department staff Saratoga, Suffolk and Westchester Counties, all of the counties in the informed such producers, all of whom import poultry from other states, State are “rural areas” and it is believed that there are poultry farmers and that the proposed rule was under consideration. None of the producers, poultry dealers in each such rural counties. In the counties that are not ru- upon being generally informed of the provisions of the proposed rule, ral, it is probable that there are poultry farmers and/or poultry dealers in conveyed any objections or suggestions for amendments thereto. rural townships in those counties to whom the proposed rule would apply. 2. Reporting, recordkeeping and other compliance requirements; and professional services: The Department also intends to publish the proposed rule in the Cornell The proposed rule will require persons located in rural areas who import Cooperative Extension Newsletter, a publication widely read by those in or cause the importation of poultry into New York to obtain a Certificate the poultry industry, no later than June 15th, 2015. of Veterinary Inspection for each shipment, if that person does not partici- pate in the NPIP. A Certificate of Veterinary Inspection requires approval and countersignature of the Certificate by the State Animal Health Official indicating that the State Animal Health Official has verified that the Job Impact Statement requirements to qualify the poultry for import into the State have been met. The completion of a Certificate of Veterinary Inspection and official testing for avian influenza require the professional services of an accred- The proposed rule amends sections 45.1 and 45.6 of Title One of the ited veterinarian. Official Compilation of Codes, Rules and Regulations of the State of New A person located in a rural area who does participate in the NPIP will York to require poultry farmers and poultry dealers that import poultry be required to obtain a USDA VS 9-3 Form. from other states to locations other than live bird markets to have such A person located in a rural area who imports or causes the importation poultry tested to determine whether they have avian influenza (currently, of poultry into New York will be required to hire a veterinarian to take the poultry imported from other states are required to be so tested if they are required samples for testing for avian influenza and, if necessary, to to be shipped to live bird markets located in New York). complete a Certificate of Veterinary Inspection for each shipment of poultry into the State. An importer will also be required to have samples tested only by an approved laboratory. The proposed rule is expected to have no impact, or perhaps a minimally 3. Costs: positive impact, on jobs and employment opportunities. The cost to test For importers located in rural areas who do not participate in NPIP, the poultry that is to be imported into the State to locations other than live bird cost incurred to comply will be due to 1) the professional services of an markets is relatively minimal and many if not most of the poultry farmers accredited veterinarian to complete the Certificate of Veterinary Inspec- and poultry dealers that export poultry from other states into New York al- tion and collect and submit the samples for avian influenza testing; and 2) ready cause the poultry that they ship into New York to be tested. As such, avian influenza testing at a USDA approved laboratory. Average cost for a the proposed rule, although it may cause the cost to import poultry to CVI is $35-$50 per certificate. Under current New York regulation (1NYCRR 57), official testing of all poultry for pullorum-typhoid is minimally increase, should not cause a negative impact upon jobs and required prior to importation into New York. Official pullorum-typhoid employment opportunities. Indeed, because the proposed rule will mini- testing requires the services of an accredited veterinarian or a State Animal mize the possibility that avian influenza will infect poultry in New York Health Official. Therefore, it is anticipated that an additional call charge and thereby potentially cause a significant negative impact upon the will not be incurred. State’s poultry industry, the proposed rule could encourage all participants For flocks that are NPIP certified as Avian Influenza clean, the only in such industry (i.e., farmers, dealers, and live bird market operators) to costs that will be incurred by importers located in rural areas will be those invest in their business and/or expand their operations, thereby promoting associated with avian influenza testing at a USDA approved laboratory jobs and employment opportunities.

3 Rule Making Activities NYS Register/June 10, 2015

less the Department determines that the final application is complete, the applicant completed a qualified touring production, and the applicant did Department of Economic not knowingly submit false or misleading information to the Department. 6) The rule requires an applicant to retain records of any qualified musi- Development cal and theatrical production costs used to calculate their potential or actual benefit(s) under the Program for a minimum of three years from the date the applicant claims a Credit. NOTICE OF EMERGENCY 7) The rule provides for an appeal process by which an applicant may appeal the disapproval of its final application by the Department, or the ADOPTION amount of a Credit granted by the Department, before an independent AND REVISED RULE MAKING hearing officer. 8) The rule describes information sharing to take place between the NO HEARING(S) SCHEDULED Department and the New York State Department of Taxation and Finance relating to Credits applied for, allowed, or claimed under the Program, as Empire State Musical and Theatrical Production Tax Credit well as information regarding taxpayers seeking Credits. Program 9) The rule describes the annual Program report to be submitted by the Department to the governor, the temporary president of the senate, and the I.D. No. EDV-46-14-00001-ERP speaker of the assembly. The annual report is to include information on Filing No. 410 the Credit-eligible man hours and total wages for such Credit-eligible man Filing Date: 2015-05-21 hours for each project, the identity of applicants for Credits, and the Effective Date: 2015-05-21 amount of each Credit allocated to each taxpayer. This notice is intended to serve as both a notice of emergency adoption and a notice of revised rule making. The notice of proposed rule making PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- was published in the State Register on November 19, 2014, I.D. No. EDV- cedure Act, NOTICE is hereby given of the following action: 46-14-00001-EP. The emergency rule will expire August 18, 2015. Action