January 30, 2019 DEPARTMENT OF STATE Vol. XLI Division of Administrative Rules Issue 5 Book 1 of 2 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D START-UP NY Program D Empire Zones Reform D Assessments and Student Official Transcripts and Permanent Records Regulatory Agenda Rule Review Guidance Documents Financial Reports

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 March 31, 2019 – the 45-day period expires on March 16, 2019 – the 30-day period expires on March 1, 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 com- ments to the agency representative whose name and address are printed in the notice of rule making. No special form is required; a handwritten letter will do. Individuals who access the online Register (www.dos.ny.gov) may send public comment via electronic mail to those recipients who provide an e-mail ad- dress in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings.

To be considered, comments should reach the agency before expiration of the public comment period. The law provides for a minimum 60-day public comment period after publication in the Register of every No- tice of Proposed Rule Making, and a 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 com- ment period.

The Administrative Regulations Review Commission (ARRC) reviews newly proposed regulations to examine issues of compliance with legislative intent, impact on the economy, and impact on affected parties. In addition to sending comments or recommendations to the agency, please do not hesitate to transmit your views to ARRC:

Administrative Regulations Review Commission State Capitol Albany, NY 12247 Telephone: (518) 455-5091 or 455-2731 ------Each paid subscription to the New York State Register includes one weekly issue for a full year and four “Quarterly Index” issues. The Quarterly is a cumulative list of actions that shows the status of every rule mak- ing action in progress or initiated within a calendar year. The Register costs $80 a year for a subscription mailed first class and $40 for periodical (second) class. Prepayment is required. To order, send a check or money order payable to the NYS Department of State to the following address:

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New York State Register January 30, 2019/Volume XLI, Issue 5

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 Cervids Susceptible to Chronic Wasting Disease (‘‘CWD’’) (A) Correction, State Commission of 1 / Inmate Confinement and Deprivation (P) Corrections and Community Supervision, Department of 3 / Standard Conditions of Release and Parole Revocation Guidelines (P) Economic Development, Department of 4 / START-UP NY Program (E) 7 / Empire Zones Reform (E) Education Department 9 / Erratum 9 / English Language Learner Grade Span Requirement (E) 11 / Administration of Certain Vaccines by Pharmacy Interns (EP) 15 / Assessments and Student Official Transcripts and Permanent Records (EP) 17 / Certificate Progression Pathway (A) 17 / P-20 Principal Preparation Pilot Program (A) 18 / School Breakfast Programs (A) 18 / Prohibition Against Meal Shaming (A) 20 / Transitional H Pathway for School District Business Leader Certifications (P) 22 / Protecting Personally Identifiable Information (P) 26 / Relates to Professional Development Plans and Other Related Requirements for School Districts and BOCES (RP) Financial Services, Department of 27 / Business Conduct of Mortgage Loan Servicers (E) Health, Department of 31 / Inpatient Psychiatric Services (A) 32 / Statewide Planning and Research Cooperative System (SPARCS) (A) 32 / Midwifery Birth Center Services (P) 34 / Medicaid Reimbursement of Nursing Facility Reserved Bed Days for Hospitalizations (RP) People with Developmental Disabilities, Office for 35 / Telehealth (W) Public Service Commission 35 / Transfer of Street Lighting Facilities (P) 36 / Waiver of Certain Rules, E.G.5-Year Buildout and 7-Day Installation Requirements Pertaining to Cable Television Franchise (P) 36 / Notice of Intent to Submeter Electricity (P) 36 / Waiver of Certain Rules, E.G. 5-Year Buildout and 7-Day Installation Requirements Pertaining to Cable Television Franchise (P) 37 / Issuance of Long-Term Debt Securities (P) 37 / Transfer of Natural Gas Pipeline and Request for Lightened and Incidental Regulation (P) 38 / Transfer of Street Lighting Facilities to the City of Cortland (P) Temporary and Disability Assistance, Office of 38 / Standard Utility Allowances (SUAs) for the Supplemental Nutrition Assistance Program (SNAP) (A) Hearings Scheduled for Proposed Rule Makings / 39 Action Pending Index / 41

Regulatory Agenda 87 / Children and Family Services, Office of 87 / Financial Services, Department of 89 / Mental Health, Office of

Rule Review 91 / Children and Family Services, Office of 92 / Civil Service, Department of 93 / Financial Services, Department of 100 / Temporary and Disability Assistance, Office of

Guidance Documents 111 / Temporary and Disability Assistance, Office of

Securities Offerings 153 / State Notices

Advertisements for Bidders/Contractors 155 / Sealed Bids

Miscellaneous Notices/Hearings 157 / Notice of Abandoned Property Received by the State Comptroller 157 / Public Notice

Financial Reports / 161 RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists Assessment of Public Comment A hearing was held on October 25, 2018 to consider whether 1 NYCRR of 13 characters. For example, the I.D. No. AAM-01-96- section 68.3(b) should be amended to extend the ban upon the importation 00001-E indicates the following: into New York of cervids that are susceptible to contracting Chronic Wast- ing Disease (“CWD susceptible cervids), until August 1, 2023 (“the AAM -the abbreviation to identify the adopting agency proposed rule”). At the hearing, five people commented and, thereafter, 01 -the State Register issue number three people submitted written comments, regarding the proposed rule. One commentator stated that the ban upon the importation of captive 96 -the year cervids should not include reindeer; however, 1 NYCRR 68.3(b), as 00001 -the Department of State number, assigned upon amended, will cover only cervids of the genus Alces, Odocoileus, and receipt of notice. Cervis and not cervids of the genus Rangifer (i.e., reindeer). One commentator supported the proposed rule as written. Another com- E -Emergency Rule Making—permanent action mentator advocated that the proposed rule should be amended so that the not intended (This character could also be: A ban upon the importation of CWD susceptible cervids would last for ten for Adoption; P for Proposed Rule Making; RP years, until August 1, 2028, and three commentators advocated that such ban should be made permanent. The Department of Agriculture and for Revised Rule Making; EP for a combined Markets (“Department”) declines to amend the proposed rule to extend the Emergency and Proposed Rule Making; EA for ban upon the importation of CWD susceptible cervids beyond August 1, 2023; the Department believes that an extension of the ban until August 1, an Emergency Rule Making that is permanent 2023 strikes the proper balance between an unduly long ban that could be and does not expire 90 days after filing.) made unnecessary if an effective ante-mortem test is developed to determine if a CWD susceptible cervid has contracted that disease, and a Italics contained in text denote new material. Brackets ban that is of insufficient duration to adequately promote the objective that indicate material to be deleted. the State’s cervid population remain, apparently, CWD-free. Two commentators were opposed to the proposed rule. One commenta- tor stated that the proposed ban would not prevent wild cervids, located outside the State, that had contracted CWD from coming into the State and infecting its wild and/or captive cervids with that disease. The Depart- ment acknowledges that the proposed rule will not ensure that the State’s Department of Agriculture and cervid population remains, apparently, CWD-free but believes that an extension of the ban upon the importation of CWD susceptible cervids, Markets until August 1, 2023, will greatly contribute to that objective. Another commentator also stated that the proposed rule will not be ef- fective, for the reason set forth by the other commentator who opposed the NOTICE OF ADOPTION proposed rule, and also stated that cervid farmers should be able to import CWD susceptible cervids if those animals have been examined by a veter- Importation of Cervids Susceptible to Chronic Wasting Disease inarian and found to be free of CWD. The Department, however, declines (‘‘CWD’’) to withdraw the proposed rule to “lift” the ban on importation, for the rea- I.D. No. AAM-34-18-00001-A son set forth above, and further declines to amend it to allow for importa- tion as suggested by this commentator because, as set forth above, there is, Filing No. 20 presently, no satisfactory test to determine, ante-mortem, if a cervid has or Filing Date: 2019-01-14 has not contracted CWD. Effective Date: 2019-01-30

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: State Commission of Action taken: Amendment of section 68.3 of Title 1 NYCRR. Correction Statutory authority: Agriculture and Markets Law, sections 18, 72 and 74 Subject: Importation of cervids susceptible to Chronic Wasting Disease (‘‘CWD’’). PROPOSED RULE MAKING Purpose: To help control the spread of CWD into the State’s cervid population. NO HEARING(S) SCHEDULED Text or summary was published in the August 22, 2018 issue of the Reg- ister, I.D. No. AAM-34-18-00001-EP. Inmate Confinement and Deprivation Final rule as compared with last published rule: No changes. I.D. No. CMC-05-19-00004-P Text of rule and any required statements and analyses may be obtained from: David Smith, D.V.M., Director, Division of Animal Industry, NYS PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Dept. of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, cedure Act, NOTICE is hereby given of the following proposed rule: (518) 457-3502, email: [email protected] Proposed Action: Addition of Part 7075, sections 7004.7, 7005.12, Initial Review of Rule 7006.9(d), 7025.5, 7028.6(c), 7040.4(f), (g), 7040.5(e), (f); amendment of As a rule that requires a RFA, RAFA or JIS, this rule will be initially sections 7003.3(j)(6), 7006.7(c), 7006.9(a)(5), 7006.11(a), 7013.10(c), reviewed in the calendar year 2022, which is no later than the 3rd year af- 7022.2(a), 7024.11, 7026.3, 7028.2(d), 7070.7(h) and (j) of Title 9 ter the year in which this rule is being adopted. NYCRR.

1 Rule Making Activities NYS Register/January 30, 2019

Statutory authority: Correction Law, section 45(6) and (15) tion Law allows the Commission to adopt, amend or rescind such rules Subject: Inmate confinement and deprivation. and regulations as may be necessary or convenient to the performance of its functions, powers and duties. Purpose: Require local correctional facilities to record, review and report 2. Legislative objectives: inmate cell confinement and essential service deprivation. By vesting the Commission with this rulemaking and oversight author- Substance of proposed rule (Full text is posted at the following State ity, the Legislature intended the Commission to enact regulations that bet- website: www.scoc.ny.gov): A new Part 7075 of Title 9 NYCRR is ter enable the agency to identify and monitor local correctional facilities established that generally requires: for misuse of inmate cell confinement or essential service deprivation. (a) disciplinary or administratively segregated inmates must be allowed 3. Needs and benefits: out of their cells for a minimum of four (4) hours a day; While New York State Correction Law provides jail administrators the (b) disciplinary or administratively segregated inmates who are under discretion and authority to confine inmates as necessary for order and dis- eighteen (18) years of age or known by security, health or mental health cipline, there exists no statutory or regulatory requirement that such personnel to be pregnant, within eight (8) weeks of delivery or pregnancy determinations and their justification be documented, reviewed on a timely outcome, having a mental or physical disability, or having a serious mental basis to assess if continuation is warranted, or reported to the New York illness must be allowed out of their cells for a minimum of four (4) hours a State Commission of Correction (SCOC), as the jail oversight and regula- tory entity. Consequently, SCOC’s ability to sufficiently monitor and over- day, exclusive of entitled exercise periods; see such confinement, and deprivations of essential inmate services, is (c) a jail’s chief administrative officer (CAO) may deny an inmate such limited by an absence of regulations requiring jails to record, review and four (4) hour period only when it would pose a threat to the safety, secu- report this activity. rity or good order of the facility; Recent, publicized civil rights actions, SCOC field work, and formal (d) any CAO determination to deny such four (4) hour period must be inmate grievances appealed to SCOC’s Citizen’s Policy and Complaint reviewed at least every seven (7) days, with such review to include Review Council have revealed a prevalent misuse of solitary confinement consultation with appropriate facility health staff; and deprivation of essential services in county jails, particularly as applied (e) any disciplinary or administrative segregation of an inmate who is to the 16 and 17-year-old inmate population. Such confinement has under 18 years of age, known by security, health or mental health person- included the solitary segregation of inmates, for insufficient reasons and nel to be pregnant, within eight (8) weeks of delivery or pregnancy prolonged periods, that likely violate the Eighth and Fourteenth Amend- outcome, having a mental or physical disability, or having a serious mental ments of the U.S. Constitution. Similar unlawful and unconstitutional illness, must be reviewed at intervals not to exceed seven (7) days, with inmate treatment has occurred in jails’ improper deprivation of essential such review to include consultation with appropriate facility health staff; inmate services, such as access to health services, participation in (f) essential services (any items or services guaranteed inmates by compulsory educational services, the provision of clothing, bedding and regulation, such as clothing, outdoor exercise, toiletries, books, bedding, toiletries, access to printed materials and publications, participation in out- religious services, etc.) may not be withheld as punishment; door exercise, and access to religious services and materials. (g) jail CAO may only deny an essential service where necessary to As a resolution, SCOC has developed local correctional facility regula- preserve the safety, security or good order of the facility; tions which provide segregated inmates a presumptive minimum of four (h) any CAO decision to withhold an essential service must be reviewed (4) hours a day out of their cell and continuous access to all essential every seven (7) days; and services. Segregated inmates under the age of eighteen (18) years, and (i) any such CAO determination or review must be made in writing, segregated inmates known by security, health or mental health personnel shall state the specific reasons considered, and be maintained in a central- to be pregnant, within eight (8) weeks of delivery or pregnancy outcome, ized record. having a mental or physical disability, or having a serious mental illness, Existing SCOC jail regulations are amended to require the following: are provided a presumptive minimum of four (4) hours a day out of their (a) reporting of certain inmate cell confinement and essential service cell, exclusive of an entitled two (2) hours of recreation time. While the deprivation to SCOC; four (4) hour period and access to essential services may be denied when (b) Segregated inmates who are under eighteen (18) years of age or necessary to preserve facility safety and security, the regulations require known by security, health or mental health personnel to be pregnant, within the facility administration to record, review and report such determina- eight (8) weeks of delivery or pregnancy outcome, having a mental or tions in a manner that allows for sufficient oversight by SCOC. physical disability, or having a serious mental illness shall be entitled to 4. Costs: two (2) hours of daily exercise; a. Costs to regulated parties for the implementation of and continuing (c) daily CAO review of any educa