New York State Department of State

January 24, 2018 DEPARTMENT OF STATE Vol. XL Division of Administrative Rules Issue 4 NEW YORK STATE REGISTER

INSIDE THIS ISSUE: D Medical Use of Marihuana D Home Care Aide Hours Worked D Transfer of Surplus Utility Property Regulatory Agenda Rule Review Guidance Documents Notice of Availability of State and Federal Funds Court Notices

State agencies must specify in each notice which proposes a rule the last date on which they will accept public comment. Agencies must always accept public comment: for a minimum of 60 days following publication in the Register of a Notice of Proposed Rule Making, or a Notice of Emergency Adoption and Proposed Rule Making; and for 30 days after publication of a Notice of Revised Rule Making, or a Notice of Emergency Adoption and Revised Rule Making in the Register. When a public hearing is required by statute, the hearing cannot be held until 60 days after publication of the notice, and comments must be accepted for at least 5 days after the last required hearing. When the public comment period ends on a Saturday, Sunday or legal holiday, agencies must accept comment through the close of business on the next succeeding workday.

For notices published in this issue: – the 60-day period expires on March 25, 2018 – the 30-day period expires on February 23, 2018 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 30-day public comment period for every Notice of Revised Rule Making. If a public hearing is required by statute, public comments are accepted for at least ﬁve days after the last such hearing. Agencies are also required to specify in each notice the last date on which they will accept public comment.

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

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

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

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New York State Register January 24, 2018/Volume XL, Issue 4

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 Alcoholism and Substance Abuse Services, Office of 1 / Repeal Part 830 (Acupuncture) and Add New Part 830 (Designated Services; Acupuncture and Telepractice) to Title 14 NYCRR (A) 2 / Children’s Behavioral Health Services (A) Children and Family Services, Office of 2 / Erratum Civil Service, Department of 2 / Erratum 3 / Notice of expiration Economic Development, Department of 3 / Life Sciences Research and Development Tax Credit (A) Education Department 3 / Erratum Environmental Conservation, Department of 3 / Erratum Financial Services, Department of 3 / Erratum Health, Department of 3 / Medical Use of Marihuana (E) 5 / Emergency Medical Services (EMS) Initial Certification Eligibility Requirements (P) Information Technology Services, Office of 6 / Erratum Labor, Department of 7 / Home Care Aide Hours Worked (E) Liquor Authority, State 9 / Updated Price Posting Rules and Recordkeeping Requirements, and Repeal of License Durations and Whiskey Dividend Rules (A) Mental Health, Office of 11 / Erratum People with Developmental Disabilities, Office for 12 / Erratum Public Service Commission 12 / Erratum 12 / Transfer of Surplus Utility Property (E) 12 / Minor Rate Filing (P) 13 / Notice of Intent to Submeter Electricity (P) 13 / Consideration of the Central Hudson Gas and Electric Corporation Implementation Plan and Audit Recommendations (P) 14 / Con Edison’s Methodology for Reconciling the Gas POR Discount Rate Charge (P) 14 / Waiver of Commission Requirements (P) 14 / Notice of Intent to Submeter Electricity (P) State, Department of 63 / Erratum Taxation and Finance, Department of 15 / Erratum Hearings Scheduled for Proposed Rule Makings / 16 Action Pending Index / 17

Regulatory Agenda 61 / People with Developmental Disabilities, Ofﬁce for

Rule Review 63 / Correction, State Commission of

Guidance Documents 65 / Temporary and Disability Assistance, Ofﬁce of

Securities Offerings 105 / State Notices

Advertisements for Bidders/Contractors 109 / Sealed Bids

Notice of Availability of State and Federal Funds 111 / Developmental Disabilities Planning Council (DDPC)

Miscellaneous Notices/Hearings 113 / Notice of Abandoned Property Received by the State Comptroller 113 / Public Notice

Court Notices 117 / Court of Appeals RULE MAKING ACTIVITIES

Each rule making is identified by an I.D. No., which consists Section 830.1 sets forth the Applicability of this new Part. § 830.2 sets forth the legal basis for the provisions in this Part. of 13 characters. For example, the I.D. No. AAM-01-96- § 830.3 defines terms applicable to this Part. 00001-E indicates the following: § 830.4 consolidates certain provisions related to acupuncture in treatment programs from the previous Part 830. AAM -the abbreviation to identify the adopting agency § 830.5 sets forth the requirements for Office approval for a certified 01 -the State Register issue number provider to offer certain clinical services (assessment, medication assisted treatment and monitoring) via real-time audio-video systems referred to as 96 -the year “telepractice.” 00001 -the Department of State number, assigned upon § 830.6 Standard severability clause. receipt of notice. Final rule as compared with last published rule: Nonsubstantial changes E -Emergency Rule Making—permanent action were made in sections 830.3(d), 830.5(b)(viii), (d)(1), (4) and (e)(2). Text of rule and any required statements and analyses may be obtained not intended (This character could also be: A from: Sara Osborne, Associate Attorney, NYS Office of Alcoholism and for Adoption; P for Proposed Rule Making; RP Substance Abuse Services, 1450 Western Ave., Albany NY 12203, (518) for Revised Rule Making; EP for a combined 485-2317, email: [email protected] Emergency and Proposed Rule Making; EA for Revised Regulatory Impact Statement A revised regulatory impact statement is not being submitted because the an Emergency Rule Making that is permanent corrections made to the adopted text constitute language intended to clarify and does not expire 90 days after filing.) the original intent of the regulation, misunderstandings of which were reflected in comments received. The impact statement for the initial pro- Italics contained in text denote new material. Brackets posal and the adopted text are the same because the intent of the regulation indicate material to be deleted. is not changed. Revised Regulatory Flexibility Analysis A revised statement in lieu of a regulatory flexibility analysis for small businesses and local governments is not being submitted because the corrections made to the adopted text constitute language intended to clarify Office of Alcoholism and the original intent of the regulation, misunderstandings of which were reflected in comments received. The Regulatory Flexibility Analysis for Substance Abuse Services the initial proposal and the adopted rulemaking are the same because the intent of the regulation is not changed. Revised Rural Area Flexibility Analysis NOTICE OF ADOPTION A revised statement in lieu of a rural area flexibility analysis is not being submitted because the corrections made to the adopted text constitute Repeal Part 830 (Acupuncture) and Add New Part 830 language intended to clarify the original intent of the regulation, misunder- (Designated Services; Acupuncture and Telepractice) to Title 14 standings of which were reflected in comments received. The Rural Area NYCRR Flexibility Analysis for the initial proposal and the adopted rulemaking are the same because the intent of the regulation is not changed. I.D. No. ASA-44-17-00001-A Revised Job Impact Statement Filing No. 32 A revised job impact statement is not being submitted because the correc- Filing Date: 2018-01-08 tions made to the adopted text constitute language intended to clarify the Effective Date: 2018-01-24 original intent of the regulation, misunderstandings of which were reflected in comments received. The job impact statement for the initial proposal and the adopted rulemaking are the same because the intent of PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- the regulation is not changed. cedure Act, NOTICE is hereby given of the following action: Initial Review of Rule Action taken: Repeal of Part 830; addition of new Part 830 to Title 14 NYCRR. As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 3rd year af- Statutory authority: Mental Hygiene Law, sections 19.07(e), 19.09(b) and ter the year in which this rule is being adopted. 32.01; Education Law, art. 160; Public Health Law, section 2999-cc Assessment of Public Comment Subject: Repeal Part 830 (Acupuncture) and add new Part 830 (Designated Notice of Proposed Rule Making was published in the New York State Services; Acupuncture and Telepractice) to Title 14 NYCRR. Register on November 1, 2017. The Office of Alcoholism and Substance Purpose: Repeal obsolete regulations and incorporate provisions into a Abuse Services (OASAS) received two (2) sets of comments during the new Part with additional provisions. public comment period associated with the revised rulemaking: from Substance of final rule (Full text is posted at the following State website: Northwell Health Telehealth Program (“Northwell”) and from the https://www.oasas.ny.gov/regs/index.cfm): The Proposed Rule repeals Healthcare Association of New York (HANYS). Issues and concerns raised Part 830 and adds certain provisions of that Part to a new Part 830 in these comments with OASAS responses are set forth below, grouped (Designated Services) which includes new provisions for “telepractice,” according to the section of the rule to which they apply. an optional technological means of delivering medical assessment, 830.3(f)(1): medication assisted treatment and monitoring from a practitioner located Issue/concern: HANYS urges definition of “distant site” to allow at a remote site from the certified program where the patient is admitted practitioners to be located in non-Medicaid enrolled sites such as a home- for treatment. less shelter.

1 Rule Making Activities NYS Register/January 24, 2018

Response: Regulation does not define “distant site” to be Medicaid Response: OASAS does not intend to restrict telepractice to solo enrolled; OASAS does not require practitioners at a distant site to be lo- practice practitioners and anticipates such site-to-site arrangements will be cated in a Medicaid enrolled site. Practitioners may be located anywhere a significant part of the implementation of this method of service delivery. in the U.S and patients may be located in any site previously approved by OASAS will amend text to clarify intent. “Telehealth provider” is defined the Office which could include such in-community locations. No amend- in public health law (§ 2999-cc) and provides for regulatory definisions by ments needed. Commissioner of Health. No amendments needed. 830.5(a)(3): 830.5(d)(4): HANYS supports billing for an additional administrative Issue/concern: HANYS is concerned that OASAS requirement for a fee for transmission services if issued by the NYS Dept. of Health and written plan and attestation from its certified providers is an unnecessary urges OASAS to work with DOH on making that an available option. and cumbersome regulatory burden on hospitals and that verifying Response: OASAS is in consultation with Dept. of Health. No amend- program compliance as part of the process of recertification of OASAS ments needed. programs should be sufficient. In lieu of removing the requirement for 830.5(3)(2): written approval by the Office, HANYS asks that the approval process by Issue/concern: HANYS and Northwell both seek clarification on the expedited or not unnecessarily delayed. nature of an MOU between a provider/applicant and practitioner regarding Response: OASAS is responsible for regulatory oversight of programs payment and billing. it certifies; approving proposals for how those programs utilize this means Response: Regulation anticipates the provider/applicant as the default of service delivery is part of that oversight even if programs propose billing entity. However, regulation does not preclude alternative billing ar- contracts or MOUs with one or more hospitals. Individual programs may rangements pursuant to an agreement between provider/applicant and have variations on how they propose to use this means of service delivery; practitioner(s). No amendments needed. reviewing those different proposals is the way for OASAS to meet its oversight obligations and the designation process proposed in the regula- NOTICE OF ADOPTION tion is a streamlined review process. No amendments needed. 830.5(a)(3): Children’s Behavioral Health Services Issue/concern: Northwell is concerned that OASAS approval of a site where the patient is located may be too restrictive of patient choice and I.D. No. ASA-44-17-00002-A exclude sites such as a primary care office or other medical site; Northwell Filing No. 31 recommends simplifying the process of originating site approval or utilizing the federal definition of originating site. Filing Date: 2018-01-08 Response: Office approval of a certified provider’s application does not Effective Date: 2018-01-24 exclude the possibility of a single site for patients to be located or at multiple sites within a provider network such as multiple primary care of- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- fices affiliated with a regional hospital. OASAS defines “originating sites” cedure Act, NOTICE is hereby given of the following action: where the patient is located pursuant to NYS Public Health Law § 2999-cc which is based on federal statute. No amendments needed. Action taken: Addition of Part 823 to Title 14 NYCRR. 830.5(a)(4): Statutory authority: Mental Hygiene Law, sections 19.07(e), 19.09(b) and Issue/concern: HANYS recommends telepractice include a consultation 32.01; 42 USC, section 1396d(r)(5); 18 NYCRR, section 505.38 between two staff persons regarding treatment of an individual. Subject: Children’s behavioral health services. Response: Regulation does not regulate or limit audio or visual Purpose: Defines and implements children’s behavioral health services conferencing between practitioners; such activities may support teleprac- pursuant to the EPSDT program in New York. tice but they are not providing services directly to patients and therefore are not telepractice. OASAS will amend definition to clarify. Text or summary was published in the November 1, 2017 issue of the 830.5(b)(2)(viii): Register, I.D. No. ASA-44-17-00002-P. Issue/concern: HANYS and Northwell propose that agreements should Final rule as compared with last published rule: No changes. be between an OASAS provider and a site comprised of multiple practitio- Text of rule and any required statements and analyses may be obtained ners rather than with individual practitioners, or between OASAS and a from: Carmelita Cruz, Senior Attorney, NYS Office of Alcoholism and distant site provider. Substance Abuse Services, 1450 Western Avenue, Albany, NY 12203, Response: OASAS regulations do not specify that a provider/ (518) 485-2312, email: [email protected] practitioner agreement must be with an individual person only and is not Initial Review of Rule intended to be restrictive. OASAS as an agency does not contract for these services but individual certified providers would be the entities contract- As a rule that requires a RFA, RAFA or JIS, this rule will be initially ing with distant practitioners. However, OASAS will amend text to clarify reviewed in the calendar year 2021, which is no later than the 3rd year af- intent. ter the year in which this rule is being adopted. 830.5(b)(2)(ix): Assessment of Public Comment Issue/concern: HANYS and Northwell are concerned that requiring The agency received no public comment. both an individual practitioner and a certified applicant/provider be Medicaid enrolled will exclude access by patients with private insurance. Response: OASAS does not intend to exclude patients or practitioners who are not Medicaid enrolled; rather the intent is that for purposes of Office of Children and Family billing Medicaid, both must be enrolled and in good standing.OASAS will amend text to clarify intent. Services 830.5(c)(1)(v): Issue/concern: HANYS and Northwell both seek clarification about whether an in-person evaluation to determine if telepractice is appropriate ERRATUM for that person must be done in an OASAS program and if it can be the same day as a telepractice session. I.D. No. CFS-51-17-00017-EP, pertaining to Specialized Secure Response: Regulations do not require a patient or prospective patient to Detention Facilities, published in the December 20, 2017 issue of the be in an OASAS certified program for an evaluation as to whether State Register, indicated that public comment would be received until 45 telepractice is appropriate; the patient must only be located in an OASAS- days after publication of the Notice. approved site which could be a primary care office, a community center, a The public comment period for this Notice has been extended until homeless shelter, etc. pursuant to an MOU with the provider/applicant. February 20, 2018. Such evaluation may be done by clinical staff, as defined in 14 NYCRR Part 800, and may be done on the same day as services delivered via telepractice. No amendments needed. 830.5(d)(1): Department of Civil Service Issue/concern: Northwell is concerned that this regulation requires an individual practitioner to be Medicaid enrolled to bill Medicaid and would exclude a site-to-site connection where both sites are Medicaid enrolled ERRATUM and billing on behalf of their employee practitioners. Northwell also is concerned that the the process for becoming designated as a “telehealth I.D. Nos.: CVS-50-17-00001-P through CVS-50-17-00014-P, provider” is cumbersome. pertaining to Jurisdictional Classification, published in the December 13,

2 NYS Register/January 24, 2018 Rule Making Activities

2017 issue of the State Register, indicated that public comment would be Science, Alternative Teacher Certification Program Models, Grade-Level received until 45 days after publication of the Notices. Extensions for Certain Candidates Who Hold a Students with Disabilities The public comment periods for these Notices have been extended Generalist Certificate, published in the December 27, 2017 issue of the until February 12, 2018. State Register, indicated that public comment would be received until 45 days after publication of the Notices. NOTICE OF EXPIRATION The public comment periods for these Notices have been extended The following notice has expired and cannot be reconsidered un- until February 26, 2018. less the Department of Civil Service publishes a new notice of proposed rule making in the NYS Register. Jurisdictional Classification Department of Environmental I.D. No. Proposed Expiration Date Conservation CVS-01-17-00007-P January 4, 2017 January 4, 2018 CVS-01-17-00009-P January 4, 2017 January 4, 2018 ERRATUM CVS-01-17-00017-P January 4, 2017 January 4, 2018 I.D. No. ENV-49-17-00005-P, pertaining to Bay Scallop Size Limit; and I.D. No. ENV-49-17-00006-P, pertaining to Climate Smart Communities Project, published in the December 6, 2017 issue of the Department of Economic State Register, indicated that public comment would be received until 45 days after publication of the Notices. Development The public comment periods for these Notices have been extended until February 5, 2018. Contact: Ruth L. Earl, Agency Regulatory Coordinator, DEC, 625 NOTICE OF ADOPTION Broadway, Albany, NY 12233-1500, (518) 402-2791, e-mail [email protected] Life Sciences Research and Development Tax Credit I.D. No. EDV-46-17-00001-A Filing No. 30 Department of Financial Services Filing Date: 2018-01-05 Effective Date: 2018-01-24 ERRATUM PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- I.D. Nos.: DFS-52-17-00001-P and DFS-52-17-00020-P, pertaining to cedure Act, NOTICE is hereby given of the following action: Special Risk Insurance, Suitability in Life Insurance and Annuity Action taken: Addition of Part 260 to Title 5 NYCRR. Transactions, published in the December 27, 2017 issue of the State Register, indicated that public comment would be received until 45 days Statutory authority: Tax Law, section 43 after publication of the Notices. Subject: Life Sciences Research and Development Tax Credit. The public comment periods for these Notices have been extended Purpose: Allow the Department to implement the Life Sciences Research until February 26, 2018. and Development Tax Credit program. Text or summary was published in the November 15, 2017 issue of the Register, I.D. No. EDV-46-17-00001-EP. Final rule as compared with last published rule: No changes. Department of Health Text of rule and any required statements and analyses may be obtained from: Thomas P. Regan, Department of Economic Development, 625 Broadway, Albany, NY 12245, (518) 292-5120, email: EMERGENCY [email protected] RULE MAKING Initial Review of Rule As a rule that does not require a RFA, RAFA or JIS, this rule will be Medical Use of Marihuana initially reviewed in the calendar year 2023, which is no later than the 5th year after the year in which this rule is being adopted. I.D. No. HLT-43-17-00001-E Assessment of Public Comment Filing No. 26 The agency received no public comment. Filing Date: 2018-01-03 Effective Date: 2018-01-03 Education Department PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedure Act, NOTICE is hereby given of the following action: Action taken: Amendment of sections 1004.3, 1004.4, 1004.22 and ERRATUM 1004.23 of Title 10 NYCRR. Statutory authority: Public Health Law, section 3369-a I.D. Nos.: EDU-52-17-00007-EP and EDU-52-17-00012-EP, pertaining to Biological Products in the Profession of Pharmacy, Finding of necessity for emergency rule: Preservation of public health and public safety. Superintendent Determination for Certain Students with Disabilities to Graduate with a Local Diploma, published in the December 27, 2017 Specific reasons underlying the finding of necessity: Currently, over issue of the State Register, indicated that public comment would be 31,000 patients have been certified to use medical marihuana in New York received until 45 days after publication of the Notices. State. Many of these certified patients are admitted into hospitals or reside in residential health care facilities, adult care facilities, community mental The public comment periods for these Notices have been extended health residences, mental hygiene facilities, residential facilities for the until February 26, 2018. care and treatment of persons with developmental disabilities, and residential treatment facilities for children and youth. In addition, there are I.D. Nos.: EDU-52-17-00008-P through EDU-52-17-00011-P, certified patients who attend private or public schools. These severely ill, pertaining to Requires Teachers to Complete a Mentoring Program and often disabled, certified patients are currently being denied access to During Their First Year of Teaching, Creation of New Certification Area medical marihuana because of concerns from facilities over the handling and Tenure Area in the Classroom Teaching Service for Computer of the medication. Denying certified patients access to medical marihuana,

3 Rule Making Activities NYS Register/January 24, 2018 or forcing them to abruptly discontinue using medical marihuana, poses not be altered to change any aspect of the applicant’s physical appearance. an immediate risk to the health and safety of these patients, some of whom The photograph shall have been taken not more than thirty (30) days prior are terminally ill. to the date of the application. The photograph shall be submitted in a form The proposed regulations are necessary to immediately allow these fa- and manner as directed by the department, including as a digital file (.jpeg). cilities the option of becoming designated caregivers for certified patients. ([9]ix) Identification of all certified patients for which the applicant Once registered with the Department, designated caregivers are authorized serves, has served or has an application pending to serve as a designated by Public Health Law Section 3362 to possess, acquire, deliver, transfer, caregiver and a statement that the applicant is not currently a designated transport and/or administer medical marihuana on behalf of their certified caregiver for five current certified patients, and that he/she has not submit- patient(s). By allowing a facility to become a designated caregiver, these regulations will authorize the facility to lawfully possess, acquire, deliver, ted an application which is pending and, if approved, would cause the ap- transfer, transport and/or administer medical marihuana to certified plicant to be a designated caregiver for a total of five current certified patients residing in, or attending, that facility. In doing so, these regula- patients; tions will help prevent patients from experiencing adverse events associ- (2) For a proposed designated caregiver that is an entire facility that ated with abrupt discontinuation of this treatment alternative. is licensed or operated pursuant to an authority set forth in subdivision (k) Subject: Medical Use of Marihuana. of section 1004.3 of this Part, the designated caregiver shall submit: (i) the facility’s full name, address, operating certificate or license Purpose: To allow certain defined facilities to become a designated number where appropriate, email address, and printed name, title, and caregiver for a certified patient in NYS’s Medical Marihuana Program. signature of an authorized facility representative; Text of emergency rule: Subdivision (k) of section 1004.3 is amended to (ii) if the facility has a registry identification card, the registry read as follows: identification number; (k) A certified patient may designate up to two designated caregivers ei- (iii) a statement that the facility agrees to secure and ensure proper ther on the application for issuance or renewal of a registry identification handling of all approved medical marihuana products; and card or in another manner determined by the department. A designated (iv) an acknowledgement that a false statement in the application caregiver may be either a natural person or a facility. For purposes of this is punishable under section 210.45 of the penal law; section, a “facility” shall mean: a general hospital or residential health (3) For a proposed designated caregiver that is a division, depart- care facility operating pursuant to Article 28 of the Public Health Law; an ment, component, floor or other unit pursuant to subdivision (k) of section adult care facility operating pursuant to Title 2 of Article 7 of the Social 1004.3 of this Part, the designated caregiver shall submit: Services Law; a community mental health residence established pursuant to section 41.44 of the Mental Hygiene Law; a hospital operating pursu- (i) the parent facility’s full name, address, operating certificate or ant to section 7.17 of the Mental Hygiene Law; a mental hygiene facility license number where appropriate, email address, and printed name, title operating pursuant to Article 31 of the Mental Hygiene Law; an inpatient and signature of an authorized representative of the parent facility and of or residential treatment program certified pursuant to Article 32 of the an authorized representative of the division, department, component, floor Mental Hygiene Law; a residential facility for the care and treatment of or other unit; persons with developmental disabilities operating pursuant to Article 16 (ii) if the parent facility, division, department, component, floor or of the Mental Hygiene Law; a residential treatment facility for children other unit has a registry identification card, the registry identification and youth operating pursuant to Article 31 of the Mental Hygiene Law; or number; a private or public school. Further, within each of the facilities listed (iii) a statement that the parent facility, and the division, depart- above, each division, department, component, floor or other unit of such ment, component, floor or other unit, agree to secure and ensure proper facility shall be entitled to be considered to be a “facility” for purposes of handling of all approved medical marihuana products; and this section. The application for issuance or renewal of a registry (iv) an acknowledgement that a false statement in the application identification card shall include the following information: is punishable under section 210.45 of the penal law. *** Subdivision (e) of section 1004.22 is amended to read as follows: (3) date of birth of the proposed designated caregiver(s), unless the (e) A practitioner shall not be a designated caregiver for any patients proposed designated caregiver is not a natural person; that he or she has certified under section 1004.2 of this Part. However, this *** shall not prohibit a facility, or a division, department, component, floor or Subdivision (b) of section 1004.4 is amended to read as follows: other unit from being a designated caregiver pursuant to section 1004.4 of (b) A facility or natural person selected by a certified patient as a this Part. designated caregiver [shall] may apply to the department for a registry Section 1004.23 is amended as follows: identification card or renewal of such card on a form or in a manner § 1004.23 Designated Caregiver Prohibitions and Protections determined by the department. The proposed designated caregiver shall *** submit an application to the department which shall contain the following (b) A designated caregiver may only obtain payment from the certified information and documentation: patient to be used for the cost of the approved medical marihuana product (1) For a proposed designated caregiver that is a natural person, the purchased for the certified patient in the actual amount charged by the individual shall submit: registered organization; provided, however, that a designated caregiver (i) the applicant’s full name, address, date of birth, telephone may charge the certified patient for reasonable costs incurred in the trans- number, email address if available, and signature; portation, [and] delivery, storage and administration of approved medical ([2]ii) if the applicant has a registry identification card, the registry marihuana [product to the certified patient] products. identification number; (c) Designated caregivers, including employees of facilities registered ([3]iii) a nonrefundable application fee of fifty ($50) dollars, as designated caregivers and acting within their scope of employment, provided, however that the department may waive or reduce the fee in shall not be subject to arrest, prosecution, or penalty in any manner, or cases of financial hardship as determined by the department; denied any right or privilege, including but not limited to civil penalty or ([4]iv) a statement that the applicant is not the certified patient’s disciplinary action by a business or occupational or professional licens- practitioner; ing board or bureau, solely for an action or conduct in accordance with ([5]v) a statement that the applicant agrees to secure and ensure this Part. proper handling of all approved medical marihuana products; This notice is intended to serve only as a notice of emergency adoption. ([6]vi) acknowledgement that a false statement in the application This agency intends to adopt the provisions of this emergency rule as a is punishable under section 210.45 of the penal law; permanent rule, having previously submitted to the Department of State a ([7]vii) proof that the applicant is a New York State resident, notice of proposed rule making, I.D. No. HLT-43-17-00001-P, Issue of consisting of a copy of either: October 25, 2017. The emergency rule will expire March 3, 2018. ([i]a) a New York State issued driver’s license; or Text of rule and any required statements and analyses may be obtained ([ii]b) a New York State non-driver identification card; from: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs ([8]viii) If the documentation submitted by the applicant in accor- Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473- dance with paragraph ([7]vii) of this subdivision does not contain a 7488, email: [email protected] photograph of the applicant or the photograph on the documentation is not Regulatory Impact Statement a true likeness of the applicant, the applicant shall provide one recent Statutory Authority: passport-style color photograph of the applicant’s face taken against a The Commissioner is authorized pursuant to Section 3369-a of the Pub- white background or backdrop. The photograph shall be a true likeness of lic Health Law (PHL) to promulgate rules and regulations necessary to ef- the applicant’s appearance on the date the photograph was taken and shall fectuate the provisions of Title V-A of Article 33 of the Public Health Law.

4 NYS Register/January 24, 2018 Rule Making Activities

Legislative Objectives: ment does not impose an adverse economic impact on small businesses or The legislative objective of Title V-A is to comprehensively regulate the local governments, and it does not impose reporting, record keeping or manufacture, sale and use of medical marihuana, by striking a balance be- other compliance requirements on small businesses or local governments. tween potentially relieving the pain and suffering of those individuals with Cure Period: serious medical conditions, as defined in Section 3360(7) of the Public Chapter 524 of the Laws of 2011 requires agencies to include a “cure Health Law, and protecting the public against risks to its health and safety. period” or other opportunity for ameliorative action to prevent the imposi- Needs and Benefits: tion of penalties on the party or parties subject to enforcement under the The proposed regulations are necessary to allow certain defined facili- proposed regulation. The regulatory amendment authorizing the patients ties to seek Department of Health approval to become a designated to designate facilities as designated caregivers does not mandate that a fa- caregiver for a certified patient in New York State’s Medical Marihuana cility register with the medical marihuana program. Hence, no cure period Program. A certified patient must have one of the severe debilitating or is necessary. life-threatening conditions listed in Section 1004.2(8) of Title 10 Part Rural Area Flexibility Analysis 1004 in order to receive a certification and subsequently register with the Medical Marihuana Program. Patients with one of these conditions might No Rural Area Flexibility Analysis is required pursuant to Section 202- not be able to visit the dispensing facilities operated by registered bb(4)(a) of the State Administration Procedure Act (SAPA). It is apparent organizations to pick up their medical marihuana, or might not be able to from the nature of the proposed regulation that it will not impose any administer medical marihuana to themselves properly, and therefore need adverse impact on rural areas, and the rule does not impose any new report- to rely on designated caregivers. Previously, the regulations only allowed ing, recordkeeping or other compliance requirements on public or private for designated caregivers to be natural persons. However, recognizing that entities in rural areas. certified patients may be located in certain facilities, the proposed regulations would allow those certain facilities to be designated caregivers. Fa- Job Impact Statement cilities designated as caregivers by certified patients would have the abil- No job impact statement is required pursuant to Section 201-a(2)(a) of the ity to register with the Department. Further, each division, department, State Administrative Procedure Act. It is apparent, from the nature of the component, floor or other unit of a parent facility may be designated as a proposed amendment, that it will not have an adverse impact on jobs and “facility” for purposes of being designated a caregiver. After registering, a employment opportunities. designated caregiver facility would be authorized to possess, acquire, Assessment of Public Comment deliver, transfer, transport, and administer medical marihuana on behalf of a certified patient. This would help to prevent patients from experiencing The Department of Health (“Department”) received comments from vari- adverse events associated with abrupt discontinuation of a treatment ous stakeholders, including representatives of hospitals, nursing homes alternative that may be providing relief for the severe debilitating or life- and assisted living providers. Comments were received regarding the stor- threatening condition. age and administration of medical marihuana products, the process for Costs: registering as a designated caregiver facility, the federal status of Costs to the Regulated Entity: marihuana, and various other topics. Based on the comments received, no Facilities seeking to register as designated caregivers would incur nom- changes are being made to the emergency rulemaking. inal administrative costs in registering. Pursuant to PHL Section 3363(f), there is a $50 application fee for designated caregivers to register with the PROPOSED RULE MAKING department. However, the department is currently waiving the $50 application fee for all designated caregivers, including facilities registering NO HEARING(S) SCHEDULED as designated caregivers. Costs to Local Government: Emergency Medical Services (EMS) Initial Certification The proposed rule does not require the local government to perform any additional tasks; therefore, it is not anticipated to have an adverse fiscal Eligibility Requirements impact. I.D. No. HLT-04-18-00010-P Costs to the Department of Health: The Department anticipates an increased administrative cost to support facilities seeking to register as designated caregivers, however such PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- increase would be minimal. cedure Act, NOTICE is hereby given of the following proposed rule: Local Government Mandates: Proposed Action: Amendment of section 800.6 of Title 10 NYCRR. The proposed amendments do not impose any new programs, services, duties or responsibilities on local government. Statutory authority: Public Health Law, section 3002 Paperwork: Subject: Emergency Medical Services (EMS) Initial Certification Eligibil- No paperwork will be required to be maintained, as the registration pro- ity Requirements. cess for designated caregivers is all done electronically. A registry Purpose: To reduce the EMS certification eligibility minimum age from identification card will be provided to the facility. The facility will be 18 to 17 years of age. responsible for maintaining the registry identification card at all times Text of proposed rule: Pursuant to the authority vested in the New York when medical marihuana is present at the facility for the certified patient. State Emergency Medical Services Council and subject to the approval of The facility may have its own paperwork related to internal policies and the Commissioner of Health pursuant to section 3002 of the Public Health procedures for possession of the registry identification card by staff Law, section 800.6 of Title 10 (Health) of the Official Compilation of members. Codes, Rules and Regulations of the State of New York is hereby amended Duplication: to be effective upon publication of a Notice of Adoption in the New York The proposed regulations do not duplicate any existing State or federal State Register, to read as follows: requirements. Emergency Medical Services Personnel Alternatives: Section 800.6 Initial Certification Requirements The Department could have chosen to keep the status quo and not allow To qualify for initial certification, an applicant shall: patients to designate facilities as designated caregivers. The Department (a) file a completed application bearing the applicant’s original could have also allowed certified patients to designate an individual within signature in ink, or an electronic application approved by the department. the facility to be a caregiver. However, these options are not viable since (b) be at least 17 [18] years of age prior to the last day of the month in patients in facilities may be cared for by multiple staff members in the which he/she is scheduled to take the written certification examination for course of a day. Certified patients have severe debilitating or life- the course in which they are enrolled, except that an applicant for certified threatening conditions and the regulatory amendments would help to first responder must be at least 16 years of age prior to the last day of the prevent adverse events associated with abrupt discontinuation of a treat- month in which he/she is scheduled to take the written certification exam- ment alternative that may be providing relief for certified patients in these ination; facilities. (c) satisfactorily complete the requirements of a state-approved course Federal Standards: given by a state-approved course sponsor at one of the following levels for Federal requirements do not include provisions for a medical marihuana which certification is available: program. (1) certified first responder (CFR); Compliance Schedule: (2) emergency medical technician (EMT); There is no compliance schedule imposed by these amendments, which (3) advanced emergency medical technician; shall be effective upon filing with the Secretary of State. (4) emergency medical technician-critical care (EMT-CC); Regulatory Flexibility Analysis (5) emergency medical technician-paramedic (EMT-P); No regulatory flexibility analysis is required pursuant to section 202- (6) certified laboratory instructor (CLI); or b(3)(a) of the State Administrative Procedure Act. The proposed amend- (7) certified instructor coordinator (CIC).

5 Rule Making Activities NYS Register/January 24, 2018

(d) pass the State practical skills examination for the level at which cer- Duplication: tification is sought within one year of the scheduled written examination date for the course; There are no relevant rules or other legal requirements of the Federal or (e) after passing the practical skills examination, pass the State written State governments that duplicate, overlap, or conflict with this rule. certification examination for the level at which certification is sought Alternatives: within one year of the scheduled written examination date for the course, except at the certified instructor coordinator level and certified lab instruc- The alternative is to maintain the current regulatory requirement that an tor level; and individual must be eighteen (18) years of age prior to the last day of the (f) if the applicant has been convicted of one or more criminal offenses, month in which he/she is scheduled to take the written certification exam- as defined in section 800.3(ak) of this Part, be found eligible after a balanc- ination for the course in which they are enrolled. As stated above, this ing of the factors set out in Article 23-A of Corrections Law. In accor- requirement precludes many students from being certified before dance with that Article, no application for a license shall be denied by rea- graduation. son of the applicant having been previously convicted of one or more criminal offenses unless: Federal Standards: (1) there is a direct relationship between one or more of the previous The rule does not exceed any minimum standards of the Federal govern- criminal offenses and duties required of this certificate; or ment for the same or similar subject area. (2) certifying the applicant would involve an unreasonable risk to property or the safety or welfare of a specific individual or the general Compliance Schedule: public. In determining these questions, the agency will look at the eight The amendment will take effect when the Notice of Adoption is factors listed under New York State Corrections Law Section 753. (g) not have been found guilty or in violation, in any jurisdiction, of any published in the State Register. other non- criminal offense or statutory and/or regulatory violation, as Regulatory Flexibility Analysis those terms are defined in Section 800.3 of this Part, relating to patient safety unless the department determines such applicant would not involve No regulatory flexibility analysis is required. The proposed amendment an unreasonable risk to property or the safety or welfare of a specific indi- does not impose an adverse economic impact on small businesses or local vidual or the general public. governments, and it does not impose reporting, record keeping or other Text of proposed rule and any required statements and analyses may be compliance requirements on small businesses or local governments. At obtained from: Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. present the regulations require an individual to be eighteen (18) years of Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) age prior to the last day of the month in which he/she is scheduled to take 473-7488, email: [email protected] the written certification examination for the course in which they are Data, views or arguments may be submitted to: Same as above. enrolled. This proposed amendment would reduce the minimum age to Public comment will be received until: March 26, 2018. seventeen (17) years of age in order to enable training programs to be of- Regulatory Impact Statement fered in high schools and BOCES programs so that young people would Statutory Authority: be able to work or volunteer as EMS providers. Article 30 of the Public Health Law, section 3002(2) grants the New York State EMS Council (SEMSCO) the power, by an affirmative vote of Rural Area Flexibility Analysis a majority of those present, subject to approval by the commissioner, to No rural area flexibility analysis is required. The proposed amendment enact and, from time to time, amend and repeal rules and regulations does not impose an adverse impact on facilities in rural areas, and it does establishing minimum standards for ambulance services, ambulance ser- not impose reporting, record keeping or other compliance requirements on vice certification, advanced life support first response services, the provi- facilities in rural areas. At present the regulations require an individual to sion of prehospital emergency medical care, public education, the develop- be eighteen (18) years of age prior to the last day of the month in which ment of a statewide emergency medical services system, the provision of he/she is scheduled to take the written certification examination for the ambulance services outside the primary territory specified in the ambulance services’ certificate and the training, examination, and certification course in which they are enrolled. This proposed amendment would reduce of certified first responders, emergency medical technicians, and advanced the minimum age to seventeen (17) years of age in order to enable training emergency medical technicians; provided, however, that such minimum programs to be offered in high schools and BOCES programs so that standards must be consistent with the staffing standards established by young people would be able to work or volunteer as EMS providers. section 3005-a of the Public Health Law. Legislative Objectives: Job Impact Statement The legislative objective of PHL Article 30 includes establishing mini- A Job Impact Statement for these amendments is not being submitted mum standards for ambulance services and to promote appropriate staff- because it is apparent from the nature and purposes of the amendments ing standards for the provision of EMS care. that they will not have a substantial adverse impact on jobs and/or employ- Needs and Benefits: ment opportunities. At present the regulations require an individual to be At present, there is a dearth of individuals participating in the EMS eighteen (18) years of age prior to the last day of the month in which he/ system across the state. In order to be a Certified First Responder (CFR), she is scheduled to take the written certification examination for the course an individual must be at least 16 years of age. However, this level of certification does not meet the minimum staffing requirements for the transport in which they are enrolled. This proposed amendment would reduce the of a patient in an ambulance. Approximately 2% of all certified EMS minimum age to seventeen (17) years of age in order to enable training providers in New York State are under the age of twenty (20). Lowering programs to be offered in high schools and BOCES programs so that the minimum age for initial EMT certification to 17 would enable high young people would be able to work or volunteer as EMS providers. school age individuals who are currently in school to be certified through structured, school based programs and complete the certification process prior to graduating. At present, the age requirement of 18 precludes many students from being certified before graduation. There may be employ- Office of Information Technology ment and volunteer opportunities for people who are 17 years old who complete the training and achieve initial EMT certification. Services Costs: Costs to Regulated Parties: The rule does not impose any new compliance costs on regulated ERRATUM parties. Costs to the Agency and to the State and Local Governments Including I.D. Nos.: ITS-52-17-00002-P through ITS-52-17-00005-P, pertaining this Agency: to Implementing the Electronic Signatures and Records Act, Concerning The rule does not impose any new compliance costs to the Agency, the State Agency Internet Posting of Application Forms, Providing Public State or Local Governments. Access to the Records of the Office of Information Technology Services, Local Government Mandates: Providing Access to Personal Information, published in the December 27, This rule imposes no mandates upon any county, city, town, village, school district, fire district, or other special district. 2017 issue of the State Register, indicated that public comment would be Paperwork: received until 45 days after publication of the Notices. The rule imposes no new reporting requirements, forms, or other The public comment periods for these Notices have been extended paperwork upon regulated parties. until February 26, 2018.

6 NYS Register/January 24, 2018 Rule Making Activities

ted to work, or is required to be available for work at a place prescribed by the employer, and shall include time spent in traveling to the extent that Department of Labor such traveling is part of the duties of the employee. However, a residential employee--one who lives on the premises of the employer—shall not be deemed to be permitted to work or required to be available for work: (1) EMERGENCY during his or her normal sleeping hours solely because he is required to be on call during such hours; or (2) at any other time when he or she is free to RULE MAKING leave the place of employment. Notwithstanding the above, this subdivision shall not be construed to require that the minimum wage be paid for Home Care Aide Hours Worked meal periods and sleep times that are excluded from hours worked under the Fair Labor Standards Act of 1938, as amended, in accordance with I.D. No. LAB-04-18-00002-E sections 785.19 and 785.22 of 29 C.F.R. for a home care aide who works a Filing No. 29 shift of 24 hours or more. § 142-3.1 Basic minimum hourly wage rate. Filing Date: 2018-01-05 (a) The basic minimum hourly wage rate shall be, for each hour worked Effective Date: 2018-01-05 in: (1) New York City for (i) Large employers of eleven or more employees PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- $11.00 per hour on and after December 31, 2016; cedure Act, NOTICE is hereby given of the following action: $13.00 per hour on and after December 31, 2017; Action taken: Amendment of sections 142-2.1(b), 142-3.1(b) and 143.7 of $15.00 per hour on and after December 31, 2018; Title 12 NYCRR. (ii) Small employers of ten or fewer employees $10.50 per hour on and after December 31, 2016; Statutory authority: Labor Law, sections 21(11) and 659; State Adminis- $12.00 per hour on and after December 31, 2017; trative Procedure Act, section 202(6) $13.50 per hour on and after December 31, 2018; Finding of necessity for emergency rule: Preservation of public health, $15.00 per hour on and after December 31, 2019; public safety and general welfare. (2) Remainder of downstate (Nassau, Suffolk and Westchester coun- Specific reasons underlying the finding of necessity: This emergency ties) regulation is needed to preserve the status quo, prevent the collapse of the $10.00 per hour on and after December 31, 2016; $11.00 per hour on and after December 31, 2017; home care industry, and avoid institutionalizing patients who could be $12.00 per hour on and after December 31, 2018; cared for at home, in the face of recent decisions by the State Appellate $13.00 per hour on and after December 31, 2019; Divisions that treat meal periods and sleep time by home care aides who $14.00 per hour on and after December 31, 2020; work shifts of 24 hours or more as hours worked for purposes of state (but $15.00 per hour on and after December 31, 2021; not federal) minimum wage. As a result of those decisions, home care (3) Remainder of state (outside of New York City and Nassau, Suf- agencies may cease to provide home care aides thereby threatening the folk and Westchester counties) continued operation of this industry that employs and serves thousands of $9.70 per hour on and after December 31, 2016; New Yorkers by providing vital, lifesaving services and averting the $10.40 per hour on and after December 31, 2017; institutionalization of those who could otherwise be cared for at home. $11.10 per hour on and after December 31, 2018; Because those decisions relied upon the Commissioner’s regulation, and $11.80 per hour on and after December 31, 2019; rejected the Department’s opinion letters as inconsistent with that regula- $12.50 per hour on and after December 31, 2020. tion, this emergency adoption amends the relevant regulations to codify (4) If a higher wage is established by Federal law pursuant to 29 the Commissioner’s longstanding and consistent interpretations that such U.S.C. section 206 or its successors. Such wage shall apply. meal periods and sleep times do not constitute hours worked for purposes (b) The minimum wage shall be paid for the time an employee is permit- of minimum wage and overtime requirements. ted to work, or is required to be available for work at a place prescribed by the employer, and shall include time spent in traveling to the extent that Subject: Home Care Aide Hours Worked. such traveling is part of the duties of the employee. However, a residential Purpose: To clarify that hours worked may exclude meal periods and sleep employee--one who lives on the premises of the employer--shall not be times for home care aides who work shifts of 24 hours or more. deemed to be permitted to work or required to be available for work: Text of emergency rule: Sections 142-2.1, 142-3.1 and 143.7 of 12 (1) during his or her normal sleeping hours solely because such em- NYCRR are amended to read as follows: ployee is required to be on call during such hours; or § 142-2.1 Basic minimum hourly wage rate and allowances. (2) at any other time when he or she is free to leave the place of (a) The basic minimum hourly wage rate shall be, for each hour worked employment. in: Notwithstanding the above, this subdivision shall not be construed to (1) New York City for require that the minimum wage be paid for meal periods and sleep times (i) Large employers of eleven or more employees that are excluded from hours worked under the Fair Labor Standards Act $11.00 per hour on and after December 31, 2016; of 1938, as amended, in accordance with sections 785.19 and 785.22 of 29 $13.00 per hour on and after December 31, 2017; C.F.R. for a home care aide who works a shift of 24 hours or more. $15.00 per hour on and after December 31, 2018; § 143.7 An hour. (ii) Small employers of ten or fewer employees The term an hour shall include each hour an employee is permitted to $10.50 per hour on and after December 31, 2016; work, or is required to be available for work at a place prescribed by the $12.00 per hour on and after December 31, 2017; employer, and shall include time spent in traveling to the extent that such $13.50 per hour on and after December 31, 2018; traveling is part of the duties of the employee. However, a residential $15.00 per hour on and after December 31, 2019; employee−one who lives on the premises of the employer−shall not be (2) Remainder of downstate (Nassau, Suffolk and Westchester coun- deemed to be permitted to work or required to be available for work: ties) (a) during such employee’s normal sleeping hours solely because he or $10.00 per hour on and after December 31, 2016; she is required to be on call during such hours; $11.00 per hour on and after December 31, 2017; (b) at any other time when he or she is free to leave the place of $12.00 per hour on and after December 31, 2018; employment. $13.00 per hour on and after December 31, 2019; Notwithstanding the above, the term an hour shall not be construed to $14.00 per hour on and after December 31, 2020; include meal periods and sleep times that are excluded from hours worked $15.00 per hour on and after December 31, 2021; under the Fair Labor Standards Act of 1938, as amended, in accordance (3) Remainder of state (outside of New York City and Nassau, Suf- with sections 785.19 and 785.22 of 29 C.F.R. for a home care aide who folk and Westchester counties) works a shift of 24 hours or more. $9.70 per hour on and after December 31, 2016; This notice is intended to serve only as a notice of emergency adoption. $10.40 per hour on and after December 31, 2017; This agency intends to adopt this emergency rule as a permanent rule and $11.10 per hour on and after December 31, 2018; will publish a notice of proposed rule making in the State Register at some $11.80 per hour on and after December 31, 2019; future date. The emergency rule will expire April 4, 2018. $12.50 per hour on and after December 31, 2020. Text of rule and any required statements and analyses may be obtained (4) If a higher wage is established by Federal law pursuant to 29 from: Michael Paglialonga, NYS Department of Labor, State Office U.S.C. section 206 or its successors, such wage shall apply. Campus, Building 12, Room 509, Albany, NY 12240, (518) 457-4380, (b) The minimum wage shall be paid for the time an employee is permit- email: [email protected]

7 Rule Making Activities NYS Register/January 24, 2018

Regulatory Impact Statement Slip Op 02759 (1st Dept. Apr. 11, 2017), motion to reargue and for leave Statutory Authority: State Administrative Procedure Act (SAPA) to appeal denied, 2017 NY Slip Op 82713(U) (1st Dept. Aug. 15, 2017); § 202(6) and Labor Law §§ 21(11) and 659. Andryeyeva v. New York Health Care, Inc., 2017 NY Slip Op 06421 (2nd Legislative Objectives: In enacting the Minimum Wage Law (Labor Dept. Sept. 13, 2017); and Moreno v Future Care Health Servs., Inc., 2017 Law Article 19) in 1960 the Legislature mandated that the minimum wage NY Slip Op 06439 (2nd Dept. Sept. 13, 2017). Absent a conflict between be paid “for each hour worked” (Labor Law § 652(1)), without defining the First and Second Departments, and a final judgement in any of these that phrase (Labor Law § 651), and delegated authority to the Commis- cases that would make them ripe to be heard by the Court of Appeals, the sioner of Labor (“Commissioner”) to promulgate regulations as she Commissioner must take action now to avert an impending crisis. Emer- “deems necessary or appropriate to carry out the purposes of this article gency adoption of this regulation is necessary for the preservation of the and to safeguard the minimum wage” (L. 1960, Ch. 619, § 2, at Labor public health, safety, and general welfare to ensure that home care aides Law § 652(2) & (4)), to order “such modifications of or additions to any will be available to provide care for, and avoid the institutionalization of, regulations as he may deem appropriate to effectuate the purposes of this those who rely on home care. article” (Labor Law § 659(2)), and to investigate hours worked (Labor The purpose and intent of this rulemaking is to narrowly codify the Law §§ 660(b)(1) & 661). While Labor Law § 659(2) provides for Commissioner’s longstanding and consistent interpretation that compen- rulemaking after a hearing, emergency adoption of this rulemaking is ausable hours worked under the State Minimum Wage Law do not include thorized “[n]otwithstanding any other law” by SAPA § 202(6). meal periods and sleep time of home care aides who work shifts of 24 The regulations to be amended. In 1960, based on the Legislature’s hours or more. While the Commissioner’s interpretations regarding meal delegation of authority, the Commissioner promulgated a new Minimum periods and sleep time have not been limited to home care aides, the cur- Wage Order for Miscellaneous Industries and Occupations (currently codi- rent emergency is, and thus the necessarily limited nature of this emer- fied at 12 NYCRR Parts 142 and 143) (“the Wage Order”). The Wage Or- gency rulemaking should not be taken as evidence that the Commissioner der contains regulations that defined the term “An hour” and provided that interprets hours worked to include meal periods and sleep time for all oth- the requirement to pay minimum wages expressly covers time “an em- ers who work shifts of 24 hours or more. Rather, the Commissioner ployee is permitted to work, or required to be available for work at a place anticipates that regulations to codify the full scope of her interpretations prescribed by the employer.” The Wage Order’s regulations explicitly regarding meal periods and sleep time can be appropriately pursued recognized that such time shall not be deemed to include sleeping time of through the ordinary rulemaking process, after a public hearing and a full a residential employee “solely because he or she is required to be on call notice and comment period. during such hours” (see 12 NYCRR §§ 142-2.1(b), 142-3.1(b) & 143.7, Costs: As this rule codifies existing Federal regulations and the Com- originally promulgated as Minimum Wage Order 11 (1960), at II.A.1 missioner’s interpretations, the Department estimates that there will be no (Hourly rate) and III.A.1 (Hourly rate), and Regulations (for exempt non- costs to the regulated community, to the Department of Labor, or to state profits) at IV.7 (A hour), and published at NYCRR, Supplement 15 (1963) and local governments to implement this rulemaking. at 344-64). Local Government Mandates: None. Federal, state and municipal Legislative expansions to cover workers in the home. Over the years, governments and political subdivisions thereof are excluded from cover- the Legislature expanded the scope of the Minimum Wage Law as applied age under Part 142 by Labor Law §§ 651(5)(n) and 651(5)(last paragraph). to domestic service and home companions. The original 1960 enactment Paperwork: This rulemaking does not impact any reporting require- expressly excluded any individual “employed or permitted to work (a) in ments currently required in either statute or regulation. domestic service in the home of the employer” (L. 1960, Ch. 691, § 2). In Duplication: This rulemaking does not duplicate, overlap, or conflict 1972, the Legislature removed that exclusion and replaced it with an exclu- with any other state or federal requirements. sion for “service as a part time baby sitter in the home of the employer; or Alternatives: There were no significant alternatives considered. someone who lives in the home of the employer for the purpose of serving Federal Standards: This rule keeps New York State in conformity with as a companion to a sick, convalescing or elderly person, and whose existing Federal standards involving working time contained in Federal principal duties do not include housekeeping” (L. 1971, Ch. 1165, § 1). Regulations 29 C.F.R. Part 785, as applied to meal periods and sleep time Finally, in 2010, the Legislature removed the exclusion for in-home for home care aides who work shifts of 24 hours or more. There are no companions as part of the Domestic Workers Bill of Rights (L. 2010, Ch. other federal standards relating to this rule. 481 § 8). Compliance Schedule: This emergency rulemaking shall become effec- Administrative interpretations accompany statutory expansions. The tive upon filing with the Department of State. above-referenced legislative expansions in 1972 and 2010 were each Regulatory Flexibility Analysis preceded by Commissioner’s interpretations in the late 1960s and early Effect of Rule: The purpose and intent of this emergency rulemaking is 1980s that construed the statutory exclusions of domestic service and to narrowly codify the Commissioner’s longstanding and consistent inter- companions “in the home of the employer” to be inapplicable to domestic pretation of Article 19 of the Labor Law and to make clear that the service and companions who were employed by agencies and placed in amended regulations shall not be construed to require that the minimum the home of a client. Such interpretations were affirmed by the Board of wage be paid for meal periods and sleep times that are excluded from Standards and Appeals and its successor the Industrial Board of Appeals, hours worked under the federal minimum wage laws and regulations for and eventually by the Courts (see e.g., Settlement Home Care v. Industrial home care aides who work shifts of 24 hours or more. The Department Board of Appeals, 151 A.D. 580 (2d Dept. 1989)). As the scope of mini- anticipates this will have a positive impact on small businesses as it will mum wage coverage expanded through administrative interpretations and eliminate any instability introduced by decisions recently issued by the legislative enactments, the Commissioner continued to interpret the statu- State Appellate Divisions. See Tokhtaman v. Human Care, LLC, Docket tory requirement to pay minimum wages for “each hour worked” to No. 3671 151268/16, 2017 NY Slip Op 02759 (1st Dept. Apr. 11, 2017), exclude sleep and meal periods of various categories of newly covered motion to reargue and for leave to appeal denied, 2017 NY Slip Op workers who were employed by agencies to work in the home of a client 82713(U) (1st Dept. Aug. 15, 2017); Andryeyeva v. New York Health for extended periods of time. Those interpretations were set forth in Care, Inc., 2017 NY Slip Op 06421 (2nd Dept. Sept. 13, 2017); and investigators’ manuals, formal guidelines, legal opinions, and Commis- Moreno v Future Care Health Servs., Inc., 2017 NY Slip Op 06439 (2nd sioner’s determinations starting in the early 1970s, and were relied upon Dept. Sept. 13, 2017). by the New York State Department of Health and by private agencies that Compliance Requirements: Small businesses and local governments employed home care aides. While the Commissioner did not amend the will not have to undertake any new reporting, recordkeeping, or other af- Wage Order’s regulations to expressly codify those interpretations, she did firmative act in order to comply with this regulation. amend it in 1986 to provide for overtime to be calculated “in the manner Professional Services: No professional services would be required to and methods provided for in and subject to the exemptions of” the federal effectuate the purposes of this regulation. Fair Labor Standards Act (FLSA) (12 NYCRR §§ 142-2.2 & 142-3.2) Compliance Costs: As this regulation codifies existing administrative and, in so doing, grew to increasingly look to, and rely upon, federal FLSA interpretations relied upon by regulators and employers, the Department regulations interpreting hours worked (29 CFR Part 785) to address meal estimates that there will be no costs to the small businesses or local govern- periods (29 CFR §§ 785.18-19) and sleeping time (29 CFR §§ 785.20-23) ments to implement this regulation. so that hours worked were calculated consistently at the state and federal Economic and Technological Feasibility: The regulation does not level for overtime (and other) purposes. require any use of technology to comply. Needs and Benefits: This emergency regulation is necessary to preserve Minimizing Adverse Impact: The Department does not anticipate that the status quo, prevent the collapse of the home care industry, and avoid this regulation will adversely impact small businesses or local institutionalizing patients who could be cared for at home, in the face of governments. Since no adverse impact to small businesses or local govern- recent decisions by the State Appellate Divisions for the First and Second ments will be realized, it was unnecessary for the Department to consider Departments that treat meal periods and sleep time by home care aides as approaches for minimizing adverse economic impacts as suggested in hours worked for purposes of state (but not federal) minimum wage. State Administrative Procedure Act § 202-b(1). Tokhtaman v. Human Care, LLC, Docket No. 3671 151268/16, 2017 NY Small Business and Local Government Participation: The Department

8 NYS Register/January 24, 2018 Rule Making Activities does not anticipate that this rule will have an adverse economic impact upon small businesses or local governments, nor will it impose new reporting, recordkeeping, or other compliance requirements upon them. Never- State Liquor Authority theless, the Department will ensure that small businesses and local governments have an opportunity to participate in the rulemaking process. In connection with a final revision to the regulation, the Department will NOTICE OF ADOPTION elicit input from small businesses and local governments during the public comment period, and through a publicly scheduled hearing in accordance Updated Price Posting Rules and Recordkeeping Requirements, with Labor Law §§ 659 and 656. and Repeal of License Durations and Whiskey Dividend Rules Initial review of the rule pursuant to SAPA § 207: Initial review of this I.D. No. LQR-35-17-00002-A regulation shall occur no later than the third calendar year in which it is adopted. Filing No. 33 Rural Area Flexibility Analysis Filing Date: 2018-01-08 Types and estimated numbers of rural areas: The Department anticipates Effective Date: 2018-01-24 that this regulation will have a positive or neutral impact upon all areas of the state; there is no adverse impact anticipated upon any rural area of the PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- state resulting from adoption of this regulation. cedure Act, NOTICE is hereby given of the following action: Reporting, recordkeeping and other compliance requirements: This Action taken: Amendment of sections 65.5 and 65.11; repeal of Part 90 regulation will not impact reporting, recordkeeping or other compliance and section 97.1 of Title 9 NYCRR. requirements. Statutory authority: State Administrative Procedures Act, section 201; Professional services: No professional services will be required to Alcoholic Beverage Control Law, section 55-a(1), 101(1)(c), 101-b(4) and comply with this regulation. 109(1) Costs: As this regulation codifies the Commissioner’s longstanding in- Subject: Updated price posting rules and recordkeeping requirements, and terpretation of Article 19 of the Labor Law, consistent with federal law repeal of license durations and whiskey dividend rules. and regulations, the Department estimates that there will be no new or additional costs to rural areas to implement this regulation. Purpose: To update price posting rules and recordkeeping requirements, Minimizing adverse impact: The Department does not anticipate that and repeal of license durations and whiskey dividend rules. this regulation will have an adverse impact upon any region of the state. Text of final rule: Title 9, Subtitle B, of the Official Compilation of Codes, As such, different requirements for rural areas were not necessary. Rules and Regulations of the State of New York (NYCRR), is hereby Rural area participation: The Department does not anticipate that the amended to include amendments to sections 65.5, and 65.11, as well as the regulation will have an adverse economic impact upon rural areas nor will repeal of part 90 and section 97.1. § 65.5 Prices to wholesalers it impose new reporting, recordkeeping, or other compliance requirements. (a) The prices of liquor to wholesalers must be scheduled by the follow- Nevertheless, the Department will ensure that rural areas in the state have ing methods for designated points of shipment. If the brand owner or brand an opportunity to participate in the rulemaking process. In connection agent ships from more than one point-of-shipment to any wholesaler with a final revision to the regulation, the Department will elicit input anywhere in any State of the United States or in the District of Columbia, from rural areas of the state during the public comment period, and through or to any state (or state agency) then the points-of-shipment most economi- a publicly scheduled hearing in accordance with Labor Law §§ 659 and cal to the New York wholesaler must be scheduled. 656. (1) F.O.B. United States of America point-of-shipment designated Job Impact Statement which shall include Federal customs duties, internal revenue taxes, New Nature of impact: The Department of Labor (hereinafter “Department”) York State excise taxes and all charges up to the point-of-shipment projects there will be no adverse impact on jobs or employment opportuni- designated. ties in the State of New York as a result of this emergency rulemaking. (2) F.O.B. United States of America point-of-shipment designated Rather, this regulation will help to limit or eliminate any negative impact which shall include all Federal customs duties, internal revenue taxes and on jobs from recent court decisions affecting the home care industry. This all charges up to the point-of-shipment designated if sales to any wholesaler in any other state, or to any state (or state agency) are made on this regulation amends existing regulations to codify the Commissioner’s basis. longstanding and consistent interpretation of Article 19 of the Labor Law (3) In bond f.o.b. United States of America point-of-shipment and clarify that the amended regulations shall not be construed to require designated if sales to any wholesaler in any other state, or to any state (or that the minimum wage be paid for meal periods and sleep times that are state agency) are made on this basis. excluded from hours worked under federal minimum wage laws and (4) In bond f.o.b. foreign point-of-shipment designated (direct regulations for home care aides who work shifts of 24 hours or more. The import) if sales to any wholesaler in any other state, or to any state (or nature and purpose of this regulation is such that it will not have an adverse state agency) are made on this basis. impact on jobs or employment opportunities. (5) F.O.B. foreign point-of-shipment designated which shall include Categories and numbers affected: The Department does not anticipate all Federal customs duties, internal revenue taxes and all charges up to the that this regulation will have an adverse impact on jobs or employment point-of-shipment designated if sales to any wholesaler in any other State, opportunities in any category of employment. This regulation will help to or to any state (or state agency) are made on this basis. ensure the stability of the jobs of home care workers who work shifts of 24 [(b) Liquor prices to wholesalers may not be scheduled by any other hours or more in New York State. According to the Department’s Division method unless it is first established to the satisfaction of the Authority that of Research and Statistics, there are an estimated 330,650 home care aides the bottle and case prices under the alternate method are not higher than employed across the state. the lowest prices at which the brand will be sold to any wholesaler Regions of adverse impact: The Department does not anticipate that anywhere in any other state of the United States or in the District of Co- this regulation will have an adverse impact upon jobs or employment op- lumbia, or to any state (or state agency). (c)] (b) Where any schedule of liquor prices to wholesalers reflects a portunities statewide or in any particular region of the state. reduction or increase in the bottle or case price filed pursuant to subdivi- Minimizing adverse impact: Since the Department does not anticipate sion (a)(1) of this section for any item set forth therein from the bottle or any adverse impact upon jobs or employment opportunities resulting from case price of such item theretofore in effect, then the schedules of liquor this regulation, no measures to minimize any unnecessary adverse impact prices to retailers shall reflect, in the event of a decrease at least a like on existing jobs or to promote the development of new employment op- reduction in per centum in the bottle and case price of such item set forth portunities are required. therein, and in the event of an increase, not more than a like increase in per Self-employment opportunities: The Department does not foresee a centum in the bottle and case price of such item set forth therein. measureable impact upon opportunities for self-employment resulting [(d)] (c) The prices of wine to wholesalers may be scheduled by the fol- from adoption of this regulation. lowing methods: Initial review of the rule pursuant to SAPA § 207: Initial review of this (1) F.O.B. United States of America point-of-shipment designated regulation shall occur no later than the third calendar year in which it is which shall include all Federal customs duties, internal revenue taxes, adopted. New York State excise taxes and all charges up to the point-of-shipment Assessment of Public Comment designated. The agency received no public comment. (2) F.O.B. United States of America point-of-shipment designated

9 Rule Making Activities NYS Register/January 24, 2018 which shall include all federal customs duties, internal revenue taxes and the Alcoholic Beverage Control Law (“ABCL”) has been updated to all charges up to the point-of-shipment designated. include supporting, where possible, the economic development and job (3) In bond f.o.b. United States of America point-of-shipment opportunities for New York residents when making decisions related to designated. the regulation of alcoholic beverages. (4) In bond f.o.b. foreign point-of-shipment designated (direct It was from the Law Revision Commission recommendations that these import). regulatory proposals were conceived, to be used by the Authority to (5) F.O.B. foreign point-of-shipment which shall include all federal promote economic growth and job opportunities for New York by modern- customs duties, internal revenue taxes and all charges up to the point-of- izing outdated price posting procedures, repealing breakage returns reten- shipment designated. tion requirements for breakage returns from retailers to manufacturers (6) A price which shall include federal customs duties, internal reve- and/or wholesalers, repealing various license and permit durations from nue taxes, State excise taxes and cost of delivery to the wholesaler. No the rules and relying upon industry advisories for same to conform with modern practices, and repealing World War II Era “whiskey dividend” charge shall be made in addition thereto except where the manufacturer or rules that are no longer utilized. wholesaler lists in his schedule of wine prices to wholesalers the counties Needs and benefits: in which no charge for delivery will be made, in which event the actual These regulatory proposals will help modernize administration of the cost of delivery in all other counties shall be charged to the wholesalers in ABCL in keeping with the new public policy goals of supporting eco- addition to the price set forth on the schedule. nomic growth and job development whenever possible by modernizing (7) A price which shall conform to the same terms and conditions set outdated price posting procedures, repealing breakage returns retention forth in method number (6) above except exclusive of federal customs requirements for breakage returns from retailers to manufacturers and/or duties, internal revenue taxes and State excise taxes. wholesalers, repealing various license and permit durations from the rules (8) A price which shall conform to the same terms and conditions set to rely instead upon industry advisories to set forth same to conform with forth in method number (6) above except exclusive of State excise taxes. modern practices, and repealing World War II Era “whiskey dividend” [(e)] (d) Wine prices to wholesalers may not be scheduled by any other rules that are no longer utilized. method except with the approval of the Authority first obtained. Costs: § 65.11 Breakage There will be no additional costs to regulated parties or to local govern- [(a)] As part of its regular books and records, each manufacturer and ments resulting from these proposals. To the contrary, the repeal of break- wholesaler licensed to sell liquor or wine shall keep a monthly record of age returns retention requirements for industry members will reduce all allowances for breakage containing the name, address and license requisite storage costs for industry members arising therefrom. Addition- ally, the proposed price posting changes would merely conform Authority number of the customer, the amount of breakage allowance, the date and rules to current practices. Further, many license and permit durations are number of the invoice of sale[, and the Federal strip stamp numbers of already communicated to the industry and to the public via industry each broken bottle for which allowance is given. advisories, and the changes proposed hereby would merely conform (b) No allowances for breakage shall be given unless the broken bottle Authority rules to current practices. Due to the above, there will be no is returned to the seller and where the container is required to have a added costs to the Authority, regulated parties, or to local governments Federal strip stamp affixed thereto, such stamp must be intact at the time because of the implementation of the proposed rule amendments. of return. Such broken bottles shall be kept available for inspection by Local government mandates: representatives of the Liquor Authority, and may not be removed from the None. Local governments are not involved in the manufacture, distribu- licensed premises or destroyed without permission from the Liquor tion or retail sale of alcoholic beverages or the licensure of same, and Authority]. therefore would not be impacted by the proposed rule amendments. Part 90 is hereby repealed. Paperwork: Section 97.1 is hereby repealed. The proposed rule amendments impose no new recordkeeping or report- Final rule as compared with last published rule: Nonsubstantive changes ing requirements to industry members. were made in section 65.4. Duplication/federal standards: Text of rule and any required statements and analyses may be obtained The federal Alcohol and Tobacco Tax and Trade Bureau rules do not from: Paul Karamanol, Senior Attorney, State Liquor Authority, 80 South require industry members to store breakage returns as proof of the busi- Swan Street, Suite 900, Albany, NY 12210, (518) 474-3114, email: ness loss incurred thereby, but merely impose recordkeeping requirements [email protected] relative to same via 27 CFR 19.614 (distilled spirits), 27 CFR 24.308 Revised Regulatory Impact Statement (wine), and 27 CFR 25.286 (beer). The proposed amendments would Statutory authority: therefor merely conform New York State and federal regulatory require- These proposed regulations concerning permissible advertising, ments on point relative to breakage recordkeeping. There are no federal signage, and services or gifts to retailers are being issued by the State Li- rules relative to price posting, duration of licenses, or whiskey dividends, quor Authority (“Authority”) and will appear as amendments to Sections and as a result there is no duplication of state regulations on point at the 65.5, and 65.11, as well as the repeal of Part 90 and Section 97.1 of Title 9, federal level in any of those areas. Subtitle B of the New York Codes, Rules and Regulations. Alternatives: These regulations are issued pursuant to the following: The Authority originally proposed this package of rule amendments as Alcoholic Beverage Control Law section 101(1)(c), which authorizes a consensus rule making featuring a new 30 day cutoff for breakage returns the Authority to determine at what point any gift or service provided to a retention, and one industry member responded that the proposed amend- retailer is intended to influence the retailer to purchase the alcoholic bever- ment to add a 30 day cutoff for breakage returns retention did not go far ages of a given manufacturer or wholesaler; enough to relieve burdensome regulatory requirements on industry Alcoholic Beverage Control Law section 101-b(4), which authorizes members. As a result, the consensus rule making package was withdrawn the Authority to make such rules as shall be appropriate to regulate price and the instant package was instead put forth, featuring the complete repeal posting of liquor and wine prices in New York; of breakage returns retention requirements from the Authority’s rules. The Alcoholic Beverage Control Law section 109(1), which authorizes the Authority also considered merely extending the ball park beer license Authority to make such rules as may be necessary regarding applications from one year to three to conform with current practices, but decided for renewals of licenses and permits and the timing of same; instead to repeal section 97.1 in its entirety and communicate the various State Administrative Procedure Act section 201, which authorizes all license and permit durations contained therein to the industry via an Advi- agencies to adopt by rule additional procedures not inconsistent with sory from the Members of the Authority, thereby conforming with current statute. practices. Legislative objectives: Compliance schedule: Changing the public policy underpinnings of the Alcoholic Beverage The period of time the industry will require to enable compliance is Control Law (“ABCL”) to be more business friendly where possible was likely to be negligible as they are already likely in compliance with these recommended by the New York State Law Revision Commission in their proposals, and the Authority is merely seeking to conform Authority rules 2009 Report on the Alcoholic Beverage Control Law and its Administra- to current industry practices. The Authority expects the industry to already tion, which included recommendations of “supporting economic growth, be compliant immediately upon adoption. job development, and the state’s alcoholic beverage production industries Revised Regulatory Flexibility Analysis and its tourism and recreation industry…provided that such activities do Effect of rule: not conflict with the primary regulatory objectives of [promoting the The proposed amendments to Sections 65.5, and 65.11, as well as the health, welfare and safety of the people of the state, and promoting temper- repeal of Part 90 and Section 97.1 of Title 9, Subtitle B of the New York ance in the consumption of alcoholic beverages.]” Along those lines, a Codes, Rules and Regulations (N.Y.C.R.R.) would affect all approximately recent legislative change put into effect the recommendations of the Law 3000 wholesalers and manufacturers, as well as tens of thousands of on Revision Commission via Chap. 406 of the Laws of 2014. The policy of and off-premises retailers currently licensed by the State Liquor Authority.

10 NYS Register/January 24, 2018 Rule Making Activities

Compliance requirements: pate in public hearings regarding the proposed amendments via webcast The proposed rule amendments would not impose any additional from either of the Authority’s upstate offices located in Albany or Buffalo. compliance requirements on small businesses or local governments. On Revised Job Impact Statement the contrary, the repeal of breakage returns retention and storage require- This statement is being submitted pursuant to subdivision (2) of section ments will remove the burden for industry members of needing to store 201-a of the State Administrative Procedure Act and in support of the New broken bottle and case returns as proof of any business losses incurred. York State Liquor Authority’s (“Authority”) Notice of Proposed Rulemak- Additionally, the proposed price posting amendments and the repeal of ing seeking to amend Sections 65.5, 65.11, as well as the repeal of Part 90 various license and permit durations from the rules to rely instead upon and section 97.1 of Title 9, Subtitle B of the New York Codes, Rules and industry advisories to set forth same would merely conform Authority Regulations of the State of New York (N.Y.C.R.R.). rules to current practices. Finally, the World War II Era “whiskey divi- It is apparent from the nature and purpose of these proposed amend- dend” rules are no longer utilized. As a result the proposed rule amendments that they will have no impact on jobs or employment opportunities ments would not impose any compliance requirements on small businesses in New York. The proposed amendments would instead work to relieve or local governments. regulatory burdens on regulated businesses by repealing breakage returns Professional services: retention and storage requirements for industry members, and conform No new professional services would be needed to comply with the existing regulations to current industry and regulatory practices. No ad- proposed rule amendments. ditional regulatory burden is proposed, and thus, the proposed amend- Compliance costs: ments will not have an adverse impact on jobs or employment The proposed rule amendments would not impose any initial capital opportunities. As by definition the proposed amendments will have no costs or continuing compliance costs for regulated businesses or local impact on public or private jobs or employment opportunities, no further governments. steps were needed to ascertain those facts, and none were taken by the Economic and technological feasibility: Authority. Accordingly, a full Job Impact Statement is not required for any Compliance with the proposed rule amendments by small businesses of the proposed amendments and none has been prepared. and local governments would be economically and technically feasible Initial Review of Rule because the amendments would not impose any additional compliance As a rule that requires a RFA, RAFA or JIS, this rule will be initially requirements, but would instead either relieve regulatory burdens on reviewed in the calendar year 2020, which is no later than the 3rd year af- regulated businesses or merely conform regulations to current industry ter the year in which this rule is being adopted. and regulatory practices. Assessment of Public Comment Minimizing adverse impact: Since publication of a Notice of Proposed Rule Making in the August Since the proposed rule amendments would either relieve regulatory 30, 2017 State Register, 13 comments were received, one of which was burdens on regulated businesses by repealing breakage returns retention from an elected legislator. Two responses commended the State Liquor and storage requirements or merely conform price posting and license Authority (“Authority”) and expressed approval for the proposed duration regulations to current industry practices, and since the World War amendments. The remaining responses all expressed similar concerns II Era “whiskey dividend” rules are no longer utilized, there is expected to pertaining to the proposed amendments to part 65.4 and the Authority re- be no adverse impact to regulated small businesses. It is further anticipated sponses are set forth below: that the rule amendments would have no impact on local governments. *Repeal of $1.92 split case fee language could lead to wholesalers Small business and local government participation: charging high fees for the purchase of less than a full case of wine or li- As this package of rule amendments was originally proposed as a quor by a retailer. consensus rule making, comments on the proposed rule amendments were AUTHORITY RESPONSE: The Authority respectfully disagrees. The solicited from all segments of the industry, with one industry member language that the Authority proposed to repeal in part 65.4 – including the responding that the original proposal to add a 30 day cutoff for breakage $1.92 split case charge therein - is archaic and unenforceable. In recent retention did not go far enough to relieve burdensome regulatory years Authority policy has been to require wholesalers to post their split requirements. As a result, the consensus rule making package was case charges on their statutorily required price postings every month, withdrawn and the instant promulgation package was put forth featuring thereby giving retailers the ability to figure these costs into their purchas- the complete repeal of breakage returns retention requirements from the ing decisions and giving Authority staff the ability to monitor compliance Authority’s rules. The Authority did not engage with any local govern- by comparing purchase invoices as delivered to retailers to contemporary ments because it is anticipated that the proposed amendments would have posted prices. However, in an effort to ameliorate the concerns expressed no impact on local governments. by numerous retailers and an elected legislator relative to the proposed Revised Rural Area Flexibility Analysis repeal of much of part 65.4, the Authority has removed part 65.4 from the Types and estimated numbers of rural areas: rule package being adopted hereby. This is a non-substantive revision to The proposed amendments to Sections 65.5, and 65.11, as well as the the text, as the proposed repeal of part 65.4 was merely an effort by the repeal of Part 90 and Section 97.1, of Title 9, Subtitle B of the New York Authority to clean up this unenforceable regulation from the written text Codes, Rules and Regulations (N.Y.C.R.R.) would affect businesses of the rules. throughout the state. *Repeal of $1.92 split case fee language could lead to wholesalers be- Reporting, recordkeeping and other compliance requirements; and ing unable to charge fees for the purchase of less than a full case of wine professional services: or liquor by a retailer. The proposed rule amendments would not impose any additional AUTHORITY RESPONSE: The Authority respectfully disagrees. The compliance requirements in a rural area. To the contrary, the repeal of portion of part 65.4 that the Authority sought to allow to remain would breakage returns retention and storage requirements will remove the have stated that “[F]for each item of liquor listed in the schedule of liquor burden for industry members of needing to store broken bottle and case prices to retailers there shall be posted a bottle and a case price.” Assum- returns as proof of their business losses incurred thereby. Additionally, the ing the changes as proposed were to go into effect, wholesalers would still proposed price posting amendments would merely conform Authority be required to post prices for cases and bottles for each brand of liquor or rules to current practices and the World War II Era “whiskey dividend” wine they sell, and the Authority would interpret the posted bottle price to rules are no longer utilized. As a result, the proposed rule amendments also include any split case charges posted by wholesalers for any particu- would not impose any reporting, recordkeeping or other compliance lar brand. However, in an effort to ameliorate the concerns expressed by requirements or professional services on rural areas. numerous retailers and an elected legislator relative to the proposed repeal Costs: of much of part 65.4, the Authority has removed part 65.4 from the rule The proposed rule amendments would not impose any initial capital package being adopted hereby. This is a non-substantive revision to the costs or continuing compliance costs for rural areas, since the proposed text, as the proposed repeal of part 65.4 was merely an effort by the Author- amendments would either relieve regulatory burdens on regulated busi- ity to clean up this unenforceable regulation from the written text of the nesses by repealing breakage returns retention and storage requirements, rules. or merely seek to conform Authority rules to current industry practices. Minimizing adverse impact: Since the proposed rule amendments would either relieve regulatory burdens on regulated businesses by repealing breakage returns retention Office of Mental Health and storage requirements or merely conform regulations to current industry practices, there is expected to be no adverse impact to rural areas. Rural area participation: ERRATUM Among the businesses that would be positively affected by the proposed amendments would be bars, restaurants and package stores in rural areas. I.D. No. OMH-51-17-00001-P, pertaining to Operation of Licensed Rural area businesses will be afforded the opportunity to directly partici- Housing Programs for Children and Adolescents with Serious Emotional

11 Rule Making Activities NYS Register/January 24, 2018

Disturbances, published in the December 20, 2017 issue of the State EMERGENCY Register, indicated that public comment would be received until 45 days RULE MAKING after publication of the Notice. The public comment period for this Notice has been extended until Transfer of Surplus Utility Property February 20, 2018. I.D. No. PSC-04-18-00001-E Filing Date: 2018-01-04 Office for People with Effective Date: 2018-01-04 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Developmental Disabilities cedure Act, NOTICE is hereby given of the following action: Action taken: On 1/4/18, the PSC adopted an order approving Orange and Rockland Utilities, Inc.’s petition to sell 75 50KVA overhead pole ERRATUM transformers to Noble Supply & Logistics to be used in connection with I.D. Nos.: PDD-51-17-00005-EP and PDD-51-17-00006-EP, pertaining the relief efforts to restore power to Puerto Rico. to SNAP Benefit Offset, Site Based and Community Based Prevocational Statutory authority: Public Service Law, section 70 Services, published in the December 20, 2017 issue of the State Register, Finding of necessity for emergency rule: Preservation of public health, indicated that public comment would be received until 45 days after public safety and general welfare. publication of the Notices. Specific reasons underlying the finding of necessity: On September 20, 2017, Hurricane Maria made landfall on the island of Puerto Rico, result- The public comment periods for these Notices have been extended ing in near total destruction to the island’s electrical infrastructure, and until February 20, 2018. knocking out power to the entire island. Ricardo Rossello, the Governor of Puerto Rico, has declared that a disaster exists in Puerto Rico and has made an official request for assistance from New York State. In response to the resulting humanitarian crises, and in connection with the state of emergency, massive government and private relief efforts have been Public Service Commission mobilized to, among other concerns, restore electric service to the island as quickly as possible. Orange and Rockland Utilities, Inc. (O&R) has been actively participating in the relief efforts to help the people of Puerto ERRATUM Rico recover from Hurricane Maria’s devastating impact. Because of the emergency conditions existing in Puerto Rico as a result of Hurricane I.D. Nos.: PSC-50-17-00016-P through PSC-50-17-00020-P, PSC-50- Maria, and the urgent necessity to restore electrical service to the entire 17-00022-P, and PSC-50-17-00023-P, pertaining to: island as soon as possible, it is necessary to provide the surplus transform- Joule Assets, Inc.’s Community Choice Aggregation Implementation ers immediately and therefore the immediate adoption of the proposed Plan NewWave Energy Corp.’s Petition for Rehearing, Application of the rule approving the immediate transfer of the specified utility assets from Public Service Law to DER Suppliers, Transfer of Utility Property, O&R to aid in the relief effort is necessary for the preservation of the pub- Administrative Costs and Funding Sources for the RES and ZEC lic health, safety or general welfare and that compliance with the notice Programs, and Data Protection Rules for DER Suppliers, and Notice of and comment requirements of SAPA § 202(1) would be contrary to the Intent to Submeter Electricity, published in the December 13, 2017 issue public interest. of the State Register, indicated that public comment would be received Subject: Transfer of surplus utility property. until 45 days after publication of the Notices. Purpose: To ensure customer reliability and financial interests are The public comment periods for these Notices have been extended protected. until February 12, 2018. Substance of emergency rule: The Commission, on January 4, 2018, adopted an order approving the petition of Orange and Rockland Utilities, I.D. Nos.: PSC-51-17-00007-P through PSC-50-17-00016-P, pertaining Inc. to transfer to Noble Supply & Logistics certain 50KVAoverhead pole to: transformers to be used in connection with the massive relief effort to Opt-Out Tariff Regarding Installation of Advanced Digital Metering restore power to Puerto Rico in the wake of the destruction caused by Hur- Devices in Central Hudson’s Service Territory, Petition to Submeter ricane Maria, in the manner described in the Petition, subject to the terms Electricity, Consideration of Con Edision’s Proposed Implementation and conditions set forth in the order. Plan, Transfer Certain Street Lighting Facilities to the Town of Owego, This notice is intended to serve only as an emergency adoption, to be Petition for Recovery of Certain Costs Related to the Implementation of a valid for 90 days or less. This rule expires April 3, 2018. Non-Wires Alternative Project, Rider T-Commercial Demand Response Text of rule may be obtained from: John Pitucci, Department of Public Program, Waiver of Certain Rules and Requirements Pertaining to Cable Service, 3 Empire State Plaza, Albany, NY 12223-1350, (518) 486-2655, Television Franchise, Transfer of Control, Opt-Out Tariff Regarding email: [email protected] An IRS employer ID no. or social secu- Installation of Advanced Digital Metering Devices in Central Hudson’s rity no. is required from firms or persons to be billed 25 cents per page. Service Territory, Petition for Waiver Request of Opinion No. 76-17 and Please use tracking number found on last line of notice in requests. 16 NYCRR Part 96, published in the December 20, 2017 issue of the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural State Register, indicated that public comment would be received until 45 Area Flexibility Analysis and Job Impact Statement days after publication of the Notices. Statements and analyses are not submitted with this notice because the The public comment periods for these Notices have been extended rule is within the definition contained in section 102(2)(a)(ii) of the State until February 20, 2018. Administrative Procedure Act. Assessment of Public Comment I.D. Nos.: PSC-52-17-00014-P through PSC-52-17-00019-P, pertaining An assessment of public comment is not submitted with this notice because to: the rule is within the definition contained in section 102(2)(a)(ii) of the Oversight and Support of Clean Energy Fund and Related NYSERDA State Administrative Procedure Act. Activities, Development of an Aggregation Standard for Release of (18-E-0010EA1) Customer Usage Information That Protects the Privacy of Customers, SUEZ O-N’s Rates of the Forest Part Systems for the Provision of Water, PROPOSED RULE MAKING Waiver of PSC Regulations, 16 NYCRR, Sections 86.3(a)(2), (b)(2) and NO HEARING(S) SCHEDULED 88.4(a)(4), Daily Delivery Service (DDS) Program; Winter Bundled Sales Service (WBSS) and Managed Supply Service (MSS) Programs, Petition Minor Rate Filing to Submeter Electricity, published in the December 27, 2017 issue of the State Register, indicated that public comment would be received until 45 I.D. No. PSC-04-18-00003-P days after publication of the Notices. The public comment periods for these Notices have been extended PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- until February 26, 2018. cedure Act, NOTICE is hereby given of the following proposed rule:

12 NYS Register/January 24, 2018 Rule Making Activities

Proposed Action: The Commission is considering proposed tariff amend- (17-E-0347SP2) ments, filed by Mohawk Municipal Commission, to P.S.C. No. 2—Elec- tricity, to increase its total annual electric revenues by approximately PROPOSED RULE MAKING $136,634, or 11.4%. NO HEARING(S) SCHEDULED Statutory authority: Public Service Law, sections 65 and 66 Subject: Minor rate filing. Notice of Intent to Submeter Electricity Purpose: To consider a proposal for an increase in total annual revenues of approximately $136,634, or 11.4%. I.D. No. PSC-04-18-00005-P Substance of proposed rule: The Commission is considering proposed tariff amendments, filed by the Mohawk Municipal Commission to P.S.C. PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- No. 2 – Electricity, to increase its total annual electric revenues by ap- cedure Act, NOTICE is hereby given of the following proposed rule: proximately $136,634, or 11.4%. Under the proposal, the monthly bill of a Proposed Action: The Commission is considering the notice of intent of residential customer using 750 kilowatt-hours of electricity would increase Montante/Morgan Gates Circle LLC to submeter electricity at 1285 and from $39.21 to $43.61, or 11.22%. The proposed amendments have an ef- 1299 Delaware Avenue and 630 Linwood Avenue, Buffalo, New York. fective date of June 1, 2018. The full text of the filing may be reviewed online at the Department of Public Service web page: www.dps.ny.gov. Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, The Commission may adopt, reject or modify, in whole or in part, the 53, 65(1), 66(1), (2), (3), (4), (12) and (14) relief proposed and may resolve related matters. Subject: Notice of intent to submeter electricity. Text of proposed rule and any required statements and analyses may be Purpose: To consider the notice of intent of Montante/Morgan Gates obtained by filing a Document Request Form (F-96) located on our Circle LLC to submeter electricity. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Substance of proposed rule: The Commission is considering the notice of Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New intent of Montante/Morgan Gates Circle LLC, filed November 3, 2017, to York 12223-1350, (518) 486-2655, email: [email protected] submeter electricity at 1285 Delaware Avenue, 1299 Delaware Avenue Data, views or arguments may be submitted to: Kathleen H. Burgess, and 630 Linwood Avenue, Buffalo, New York, located in the service terri- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New tory of Niagara Mohawk Power Corporation d/b/a National Grid (National York 12223-1350, (518) 474-6530, email: [email protected] Grid). By stating its intent to submeter electricity, Montante/Morgan Gates Public comment will be received until: March 25, 2018. Circle LLC has requested authorization to take electric service from Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural National Grid and then distribute and meter that electricity to tenants. Area Flexibility Analysis and Job Impact Statement Submetering of electricity to residential tenants is allowed so long as it Statements and analyses are not submitted with this notice because the complies with the protections and requirements of the Commission’s proposed rule is within the definition contained in section 102(2)(a)(ii) of regulations in 16 NYCRR Part 96. The full text of the notice of intent may the State Administrative Procedure Act. be reviewed online at the Department of Public Service web page: (17-E-0802SP1) www.dps.ny.gov. The Commission may adopt, reject or modify, in whole or in part, the relief requested and may resolve related matters. PROPOSED RULE MAKING Text of proposed rule and any required statements and analyses may be NO HEARING(S) SCHEDULED 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 Notice of Intent to Submeter Electricity York 12223-1350, (518) 486-2655, email: [email protected] I.D. No. PSC-04-18-00004-P Data, views or arguments may be submitted to: Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- York 12223-1350, (518) 474-6530, email: [email protected] cedure Act, NOTICE is hereby given of the following proposed rule: Public comment will be received until: March 25, 2018. Proposed Action: The Commission is considering the notice of intent of Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Murray Hill Marquis LLC to submeter electricity at 140 and 150 East 34th Area Flexibility Analysis and Job Impact Statement Street, New York, New York. Statements and analyses are not submitted with this notice because the Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, proposed rule is within the definition contained in section 102(2)(a)(ii) of 53, 65(1), 66(1), (2), (3), (4), (12) and (14) the State Administrative Procedure Act. Subject: Notice of intent to submeter electricity. (17-E-0664SP1) Purpose: To consider the notice of intent of Murray Hill Marquis LLC to submeter electricity. PROPOSED RULE MAKING Substance of proposed rule: The Commission is considering the notice of NO HEARING(S) SCHEDULED intent of Murray Hill Marquis LLC, filed December 15, 2017, to submeter electricity at 140 and 150 East 34th Street, New York, New York, located in the service territory of Consolidated Edison Company of New York, Consideration of the Central Hudson Gas and Electric Inc. (Con Edison). By stating its intent to submeter electricity, Murray Hill Corporation Implementation Plan and Audit Recommendations Marquis LLC has requested authorization to take electric service from Con Edison and then distribute and meter that electricity to tenants. I.D. No. PSC-04-18-00006-P Submetering of electricity to residential tenants is allowed so long as it complies with the protections and requirements of the Commission’s PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- regulations in 16 NYCRR Part 96. The full text of the notice of intent may cedure Act, NOTICE is hereby given of the following proposed rule: be reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole Proposed Action: The Commission is considering the Management Audit or in part, the relief proposed and may resolve related matters. Implementation Plan submitted by Central Hudson Gas and Electric Text of proposed rule and any required statements and analyses may be Corporation and whether to order the implementation of audit obtained by filing a Document Request Form (F-96) located on our recommendations. website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Statutory authority: Public Service Law, section 66(19) Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New Subject: Consideration of the Central Hudson Gas and Electric Corpora- York 12223-1350, (518) 486-2655, email: [email protected] tion Implementation Plan and audit recommendations. Data, views or arguments may be submitted to: Kathleen H. Burgess, Purpose: To consider Central Hudson Gas and Electric Corporation’s Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Management Audit Implementation Plan. York 12223-1350, (518) 474-6530, email: [email protected] Substance of proposed rule: The Public Service Commission is consider- Public comment will be received until: March 25, 2018. ing the Management and Operations Audit Implementation Plan (Imple- Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural mentation Plan) filed by Central Hudson Gas & Electric Corporation Area Flexibility Analysis and Job Impact Statement (Central Hudson) on December 14, 2017. Central Hudson’s Implementa- Statements and analyses are not submitted with this notice because the tion Plan addresses the 55 actionable recommendations contained in the proposed rule is within the definition contained in section 102(2)(a)(ii) of Final Audit Report prepared by Overland Consulting Group as a result of the State Administrative Procedure Act. its management and operations audit of the Company. The Implementa-

13 Rule Making Activities NYS Register/January 24, 2018 tion Plan may be reviewed online at the Department of Public Service web (17-G-0794SP1) page: www.dps.ny.gov. The Commission is considering whether to adopt, reject or modify, in whole or in part, the relief proposed and may resolve PROPOSED RULE MAKING related matters. NO HEARING(S) SCHEDULED Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our Waiver of Commission Requirements website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New I.D. No. PSC-04-18-00008-P York 12223-1350, (518) 486-2655, email: [email protected] Data, views or arguments may be submitted to: Kathleen H. Burgess, PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New cedure Act, NOTICE is hereby given of the following proposed rule: York 12223-1350, (518) 474-6530, email: [email protected] Public comment will be received until: March 25, 2018. Proposed Action: The Commission is considering the petition of Lost Lake Resort for a waiver of the Commission’s requirement that electric Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural infrastructure in new residential developments be installed underground. Area Flexibility Analysis and Job Impact Statement Statements and analyses are not submitted with this notice because the Statutory authority: Public Service Law, sections 31(4), 51, 65(1) and proposed rule is within the definition contained in section 102(2)(a)(ii) of 66(1) the State Administrative Procedure Act. Subject: Waiver of Commission requirements. (16-M-0001SP1) Purpose: To consider a waiver of the Commission’s electric infrastructure requirement. PROPOSED RULE MAKING Substance of proposed rule: The Commission is considering the petition NO HEARING(S) SCHEDULED of Lost Lake Resort (Lost Lake), filed on October 19, 2017, for a waiver of Commission regulation 16 NYCRR § 100.1, which requires that electric Con Edison’s Methodology for Reconciling the Gas POR infrastructure in new residential developments be installed underground. Discount Rate Charge Lost Lake is developing a housing subdivision in the Town of Forestburgh, NY Sullivan County (Town). The subdivision will be part of a larger I.D. No. PSC-04-18-00007-P development including a golf course, and other recreational facilities. Lost Lake argues that it is entitled to a waiver of the regulation because it will PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- not be constructing the houses on the lots sold, and the Town does not cedure Act, NOTICE is hereby given of the following proposed rule: require the electric infrastructure be underground. Alternatively, Lost Lake Proposed Action: The Commission is considering a petition to revise the argues that underground facilities, specifically the above ground transform- methodology Consolidated Edison Company of New York, Inc. (Con ers that would be installed, would disrupt the intended rustic nature of the Edison) uses to reconcile the gas purchase of receivables (POR) discount development and require greater disruption of the environment, on a linear rate. foot basis, as compared to the installation of above ground utility poles. Statutory authority: Public Service Law, sections 65 and 66 Lost Lake also argues that it is entitled to a waiver because the cost of underground facilities is significantly greater than above ground, and that Subject: Con Edison’s methodology for reconciling the gas POR discount the transformers, if installed, would draw power even if no homes were rate charge. build, a cost that would be borne by all utility customers. Also, an overhead Purpose: To consider modifications to the manner in which reconcilia- system would be more easily upgraded as the subdivision expands. The tions of the POR discount rate are collected or refunded. full text of the petition may be reviewed online at the Department of Pub- Substance of proposed rule: The Commission is considering the petition lic Service web page: www.dps.ny.gov. The Commission may adopt, reject filed by BBPC, LLC, d/b/a Great Eastern Energy, Direct Energy Services, or modify, in whole or in part, the relief proposed and may resolve related LLC, East Coast Power & Gas, LLC, Robison Energy, LLC and Robison matters. Energy (Commercial), LLC (collectively, Petitioners) seeking modification of the methodology used by Consolidated Edison Company of New Text of proposed rule and any required statements and analyses may be York, Inc. (Con Edison) to reconcile the gas purchase of receivables (POR) obtained by filing a Document Request Form (F-96) located on our discount rate. The POR discount rate is applied to the receivables of the website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John participating Energy Services Company (ESCO) for their gas commodity Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New sales in the Con Edison service territory. Under the current Rate Plan for York 12223-1350, (518) 486-2655, email: [email protected] Con Edison, ESCO receivables are discounted using a gas POR discount Data, views or arguments may be submitted to: Kathleen H. Burgess, rate effective February 1st of each rate year. Petitioners claim that they Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New recently learned that certain elements of the gas POR discount rate are York 12223-1350, (518) 474-6530, email: [email protected] estimated and subject to reconciliation in the future and that those reconciliations, positive or negative, are flowed back to Con Edison’s Public comment will be received until: March 25, 2018. customers through the Monthly Rate Adjustment clause (MRA). Therefore, Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural the Petitioners request that the Commission direct that all reconciliations Area Flexibility Analysis and Job Impact Statement of the gas POR discount rate be rolled forward to the subsequent year’s Statements and analyses are not submitted with this notice because the POR rate, rather than through the MRA. Petitioners claim that this proposed rule is within the definition contained in section 102(2)(a)(ii) of modification would better align the true-up adjustments with the parties the State Administrative Procedure Act. that are initially paying the charges and that such a change would be reve- (17-E-0653SP1) nue neutral to Con Edison, will not adversely impact customers, and will promote fair and transparent markets. The full text of the petition may be PROPOSED RULE MAKING reviewed online at the Department of Public Service web page: www.dps.ny.gov. The Commission may adopt, reject or modify, in whole NO HEARING(S) SCHEDULED or in part, the relief proposed and may resolve related matters. Text of proposed rule and any required statements and analyses may be Notice of Intent to Submeter Electricity obtained by filing a Document Request Form (F-96) located on our I.D. No. PSC-04-18-00009-P 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] PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- Data, views or arguments may be submitted to: Kathleen H. Burgess, cedure Act, NOTICE is hereby given of the following proposed rule: Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New Proposed Action: The Commission is considering the notice of intent of York 12223-1350, (518) 474-6530, email: [email protected] 20 Broad Street Owner LLC to submeter electricity at 20 Broad Street, Public comment will be received until: March 25, 2018. New York, New York. Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52, Area Flexibility Analysis and Job Impact Statement 53, 65(1), 66(1), (2), (3), (4), (12) and (14) Statements and analyses are not submitted with this notice because the Subject: Notice of intent to submeter electricity. proposed rule is within the definition contained in section 102(2)(a)(ii) of Purpose: To consider the notice of intent of 20 Broad Street Owner LLC the State Administrative Procedure Act. to submeter electricity.

14 NYS Register/January 24, 2018 Rule Making Activities

Substance of proposed rule: The Commission is considering the notice of intent of 20 Broad Street Owner LLC, filed November 15, 2017, to submeter electricity at 20 Broad Street, New York, New York, located in the service territory of Consolidated Edison Company of New York, Inc. (Con Edison). By stating its intent to submeter electricity, 20 Broad Street Owner LLC has requested authorization to take electric service from Con Edison and then distribute and meter that electricity to tenants. Submeter- ing of electricity to residential tenants is allowed so long as it complies with the protections and requirements of the Commission’s regulations in 16 NYCRR Part 96. The full text of the notice of intent 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 relief 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: March 25, 2018. 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. (17-E-0703SP1)

Department of State

ERRATUM I.D. No.: DOS-52-17-00013-EP, pertaining to Establishment of the Identify Theft Prevention and Mitigation Program, published in the December 27, 2017 issue of the State Register, indicated that public comment would be received until 45 days after publication of the Notice. The public comment period for this Notice has been extended until February 26, 2018.

Department of Taxation and Finance

ERRATUM I.D. No. TAF-51-17-00002-EP, pertaining to Metropolitan Transportation Business Tax Surcharge, published in the December 20, 2017 issue of the State Register, indicated that public comment would be received until 45 days after publication of the Notice. The public comment period for this Notice has been extended until February 20, 2018.

15 Rule Making Activities NYS Register/January 24, 2018

HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS Agency I.D. No. Subject Matter Location—Date—Time Public Service Commission PSC-45-17-00008-P ...... Major water rate filing Department of Public Service, Agency Bldg. 3, 3rd Fl. Hearing Rm., Albany, NY—January 29, 2018 and continuing daily as needed, 10:30 a.m. (Evidentiary Hearing)* *On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Case 17-W-0528. PSC-50-17-00021-P ...... Disposition of tax refunds and other related Department of Public Service, Three Empire matters State Plaza, 3rd Fl. Hearing Rm., Albany, NY—February 7, 2018, 10:30 a.m. (Eviden- tiary Hearing)* *On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be available at the DPS website (www.dps.ny.gov) under Case 17-M-0592.

16 NYS Register/January 24, 2018 Action Pending Index

ACTION PENDING INDEX

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

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

AGING, OFFICE FOR THE

AGE-42-17-00001-P ...... 10/18/18 Administration of the Long Term Care To bring NYSOFA’s rules and regulations Ombudsman Program governing LTCOP into conformance with the Federal Statute and regulations.

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF

ASA-41-17-00001-P ...... 10/11/18 Establishment, Incorporation and Certiﬁcation Clariﬁes the obligation to recognize alcohol/ of Providers of Substance Use Disorder substance abuse programs operated by Indian Services Health Services facilities

CHILDREN AND FAMILY SERVICES, OFFICE OF

CFS-51-17-00017-EP ...... 12/20/18 Specialized secure detention facilities To establish specialized secure detention facilities

CFS-01-18-00003-EP ...... 01/03/19 Optional expansion of services offered by To implement changes made to Executive Law municipalities to runaway and homeless youth regarding optional expansion of services to runaway and homeless youth

CIVIL SERVICE, DEPARTMENT OF

CVS-07-17-00003-P ...... 02/15/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-18-17-00002-P ...... 05/03/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-18-17-00008-P ...... 05/03/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-18-17-00012-P ...... 05/03/18 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-18-17-00013-P ...... 05/03/18 Jurisdictional Classiﬁcation To delete a position from and classify a position in the exempt class

CVS-18-17-00014-P ...... 05/03/18 Jurisdictional Classiﬁcation To classify positions in the exempt and non- competitive classes

17 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-18-17-00016-P ...... 05/03/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-18-17-00017-P ...... 05/03/18 Jurisdictional Classiﬁcation To classify positions in the exempt class and delete positions from the non-competitive class

CVS-30-17-00006-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-30-17-00007-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-30-17-00008-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-30-17-00009-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-30-17-00010-P ...... 07/26/18 Jurisdictional Classiﬁcation To delete a position from and classify a position in the exempt class

CVS-30-17-00011-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-30-17-00012-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-30-17-00013-P ...... 07/26/18 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-30-17-00014-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class.

CVS-30-17-00015-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-30-17-00016-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-30-17-00017-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-30-17-00018-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-30-17-00019-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-30-17-00020-P ...... 07/26/18 Jurisdictional Classiﬁcation To delete positions from and classify positions in the exempt class and to delete positions from the non-competitive class.

CVS-30-17-00021-P ...... 07/26/18 Jurisdictional Classiﬁcation To add a subheading and to classify positions in the non-competitive class

CVS-30-17-00022-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-30-17-00023-P ...... 07/26/18 Jurisdictional Classiﬁcation To classify positions in the exempt and non- competitive classes

CVS-33-17-00002-P ...... 08/16/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-33-17-00003-P ...... 08/16/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-33-17-00004-P ...... 08/16/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

18 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-33-17-00005-P ...... 08/16/18 Jurisdictional Classiﬁcation To delete a position from and classify a position in the non-competitive class

CVS-33-17-00006-P ...... 08/16/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-33-17-00007-P ...... 08/16/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-33-17-00008-P ...... 08/16/18 Jurisdictional Classiﬁcation To classify positions in the exempt and non- competitive classes

CVS-47-17-00001-P ...... 11/22/18 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-47-17-00002-P ...... 11/22/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-47-17-00003-P ...... 11/22/18 Jurisdictional Classiﬁcation To delete positions from and classify a position in the exempt class

CVS-47-17-00004-P ...... 11/22/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-47-17-00005-P ...... 11/22/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-47-17-00006-P ...... 11/22/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-47-17-00007-P ...... 11/22/18 Jurisdictional Classiﬁcation To classify positions in the exempt class.

CVS-47-17-00008-P ...... 11/22/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-49-17-00011-EP ...... 12/06/18 New York State Income Protection Plan (IPP) To establish that IPP and PFL beneﬁts may not and Paid Family Leave (PFL) beneﬁts for be paid to a subject employee for the same certain New York State employees day

CVS-50-17-00001-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-50-17-00002-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-50-17-00003-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-50-17-00004-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-50-17-00005-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-50-17-00006-P ...... 12/13/18 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-50-17-00007-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify a position in the exempt class

CVS-50-17-00008-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

19 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

CIVIL SERVICE, DEPARTMENT OF

CVS-50-17-00009-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CVS-50-17-00010-P ...... 12/13/18 Jurisdictional Classiﬁcation To delete positions from and classify a position in the non-competitive class

CVS-50-17-00011-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify positions in the exempt class

CVS-50-17-00012-P ...... 12/13/18 Jurisdictional Classiﬁcation To delete positions from and classify positions in the non-competitive class

CVS-50-17-00013-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify a position in the non-competitive class

CVS-50-17-00014-P ...... 12/13/18 Jurisdictional Classiﬁcation To classify positions in the non-competitive class

CORRECTION, STATE COMMISSION OF

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

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

CMC-01-18-00005-EP ...... 01/03/19 Specialized secure juvenile detention facilities Provide counties the regulatory framework for for older youth (SSDs) the construction, renovation and certiﬁcation of SSDs

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

CCS-39-17-00001-P ...... 09/27/18 Temporary Release Program Rules and To amend current regulations governing the Regulations temporary release program consistent with governing statutes and agency directives.

ECONOMIC DEVELOPMENT, DEPARTMENT OF

EDV-02-18-00001-P ...... 01/10/19 Employee Training Incentive Program To establish procedures for implementing statutory changes to the Employee Training Incentive Program

EDUCATION DEPARTMENT

EDU-27-17-00006-P ...... 07/05/18 Interstate Compact for Educational To implement Ch. 328 of the Laws of 2014 and Opportunity for Military Children and Physical to provide ﬂexibility in the physical education Education Requirements for a Diploma. diploma requirements.

EDU-37-17-00003-RP ...... 09/13/18 Requirements for the Educational Leadership Modify the educational requirements for out-of- Service state candidates seeking licensure in New York

EDU-44-17-00004-P ...... 11/01/18 Limited license in speech-language pathology To subject applicants who have been issued a limited license, to the same experience requirements as applicants for a license

EDU-44-17-00005-P ...... 11/01/18 Deﬁnition of occupational therapy practice To conform the deﬁnition of occupational therapy practice to changes to Education Law 7901 by chapter 460 of the Laws of 2011

20 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

EDUCATION DEPARTMENT

EDU-44-17-00006-EP ...... 11/01/18 Mandatory Quality Review Program (MQRP) Eliminates the requirement that a sponsoring in public accountancy organization which oversees the MQRP be located in New York State.

EDU-44-17-00007-EP ...... 11/01/18 Continuing teacher and leader education To require continuing teacher and leader Requirements education for certain teachers and school leaders in non-public schools

EDU-44-17-00008-P ...... 11/01/18 Transitional H Certiﬁcation Pathway Allows NYS licensed CPAs with 3 years of exp. auditing NYS school dist., BOCES, municipalities to seek a business leader cert.

EDU-44-17-00009-P ...... 11/01/18 New Pathway to a NYS High School Allows students to use passing scores on Equivalency Diploma certain Regents examinations in lieu of certain sub-tasks on TASC

EDU-44-17-00010-EP ...... 11/01/18 Temporary teaching certiﬁcates Temporary certiﬁcates for teachers displaced from Puerto Rico and/or US territory as a result of Hurricane Maria

EDU-48-17-00005-P ...... 11/29/18 Licensing of Licensed Pathologists’ Assistants Establishes requirements for licensure including professional education, examination, fee and limited permit requirements

EDU-48-17-00006-EP ...... 11/29/18 Mandatory Quality Review Program/ Eliminates the exemption from the program for Mandatory Peer Review Program sole proprietorship and ﬁrms with two or fewer accounting professionals

EDU-48-17-00007-P ...... 11/29/18 Establish Procedures and Fees for To establish fees and procedures for the review Institutional Authorization of Offer Degree of applications for new institutional Programs authorization to offer degree programs

EDU-48-17-00008-P ...... 11/29/18 Higher Education Opportunity Program To clarify & modernize existing language & (HEOP) provide consistency across sectors & be useful when establishing frame work for RFP

EDU-48-17-00009-P ...... 11/29/18 Pre-professional certificates and Transitional Expands the Trans G certificate to fields other G certificates than STEM and allows pre-prof cert exp to count toward student teaching exp

EDU-52-17-00007-EP ...... 12/27/18 Biological products in the profession of Establishes requirements for substitution of pharmacy interchangeable biological products for prescribed products

EDU-52-17-00008-P ...... 12/27/18 Requires teachers to complete a mentoring Outlines the requirements for candidates program during their ﬁrst year of teaching seeking a professional certiﬁcate in the classroom teaching service

EDU-52-17-00009-P ...... 12/27/18 Creation of new certiﬁcation area and tenure To establish the requirements for a computer area in the classroom teaching service for science certiﬁcation area (all grades) and a computer science new tenure area

EDU-52-17-00010-P ...... 12/27/18 Alternative Teacher Certification Program To have greater flexibility in the design of Models alternative teacher certification program models

EDU-52-17-00011-P ...... 12/27/18 Grade-level extensions for certain candidates To expand the pool of qualified teachers of who hold a Students with Disabilities students with disabilities by establishing grade Generalist certificate level extensions for certificates

EDU-52-17-00012-EP ...... 12/27/18 Superintendent determination for certain To expand the safety net options for students students with disabilities to graduate with a with disabilities to graduate with local diplomas local diploma when certain conditions are met

21 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

EDUCATION DEPARTMENT

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

ELECTIONS, STATE BOARD OF

SBE-21-17-00005-RP ...... 05/24/18 Designation of treasurer removal committee To implement the process of treasurer removal and related procedures provided for by Part C of Chapter 286 of the Laws of 2016

SBE-28-17-00004-RP ...... 07/12/18 Use of independent automated audit tools To implement the amendment to Election Law 9-211 permitting use of independent automated audit tools

SBE-47-17-00009-P ...... 11/22/18 Voting by certain special federal voters. Provide procedures for certain special federal voters.

ENVIRONMENTAL CONSERVATION, DEPARTMENT OF

ENV-06-17-00001-P ...... 03/31/18 Amendments to 6 NYCRR Part 617 (which The purpose of the rule making is to streamline implement the State Environmental Quality the SEQR process without sacriﬁcing Review Act [Article 8 of the ECL]) meaningful environmental review

ENV-14-17-00001-P ...... 05/25/18 Prevention and Control of Environmental To amend regulations pertaining to disposal Pollution by Radioactive Materials and release of radioactive materials to the environment

ENV-16-17-00003-P ...... 04/19/18 Permits for taking surfclams To reduce paperwork and streamline the surfclam permitting process

ENV-19-17-00003-P ...... 06/30/18 Part 232 regulates entities that operate dry Repeal and replace Part 232 to reduce cleaning machines. alternative solvent and perc emissions.

ENV-22-17-00001-EP ...... 05/31/18 Regulations governing the recreational To revise regulations concerning the harvest of summer ﬂounder recreational harvest of summer ﬂounder in New York State

ENV-28-17-00003-P ...... 07/12/18 Management of crustaceans, horseshoe Modify rules on terrapin excluder device, HSC crabs (HSC) and whelk; protection of terrapin harvest limit and whelk reporting

ENV-49-17-00005-P ...... 12/06/18 Bay Scallop Size Limit Clarify current size limit provisions for the taking of bay scallops

ENV-49-17-00006-P ...... 12/06/18 Climate Smart Communities Projects Adoption of regulations required by statute to implement climate smart communities projects

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-11-17-00003-P ...... 03/15/18 Continuing Care Retirement Communities Amend rules related to permitted investments, ﬁnancial transactions, reporting requirements and add new optional contract type

DFS-18-17-00020-P ...... 05/03/18 Establishment And Operation Of Market To allow for the implementation of a market Stabilization Mechanisms For Certain Health stabilization pool for the small group health Insurance Markets insurance market

22 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

FINANCIAL SERVICES, DEPARTMENT OF

DFS-25-17-00002-EP ...... 06/21/18 Minimum standards for form, content and sale To ensure coverage for essential health of health insurance, including standards of full beneﬁts in all individual, small group, and and fair disclosure student accident and health policies

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

DFS-40-17-00003-P ...... 10/04/18 Registration Requirements and Prohibited To address deﬁcient practices of consumer Practices for Credit Reporting Agencies credit reporting agencies and protect user of and the market for ﬁnancial services

DFS-52-17-00001-P ...... 12/27/18 Special Risk Insurance To update Section 16.12(e) to incorporate changes and additions to class 2 risks introduced by 5/10/17 Public Notice

DFS-52-17-00020-P ...... 12/27/18 Suitability in Life Insurance and Annuity Establish suitability standards for life insurance Transactions and clarify that a transaction must be in the best interest of the consumer.

GAMING COMMISSION, NEW YORK STATE

*SGC-45-16-00004-RP ...... 02/07/18 Anti-stacking of NSAIDs and diclofenac made To enable the Commission to preserve the a 48 hour NSAID integrity of pari-mutuel racing while generating reasonable revenue for the support of government

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-20-17-00013-P ...... 05/17/18 Lead Testing in School Drinking Water Requires lead testing and remediation of potable drinking water in schools

HLT-28-17-00009-P ...... 08/17/18 Early Intervention Program To conform existing program regulations to federal regulations and state statute

HLT-38-17-00001-P ...... 09/20/18 Trauma Centers Requires hospitals to be veriﬁed by the American College of Surgeons Committee to be designated trauma centers by the Dept.

HLT-43-17-00001-EP ...... 10/25/18 Medical Use of Marihuana To allow certain deﬁned facilities to become a designated caregiver for a certiﬁed patient in NYS’s Medical Marihuana Program

HLT-49-17-00002-P ...... 12/06/18 Food and Beverages in Funeral To lift the ban of the consumption of food and Establishments beverages in funeral establishments

HLT-02-18-00002-P ...... 01/10/19 Hospital Policies and Procedures for To require hospitals to establish policies & Individuals with Substance Use Disorders procedures to identify, assess & refer individuals with substance use disorders

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

23 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

INFORMATION TECHNOLOGY SERVICES, OFFICE OF

ITS-52-17-00002-P ...... 12/27/18 Implementing the Electronic Signatures and Correcting outdated references to the name of Records Act ITS and the physical address of the Property Records Industry Association (PRIA)

ITS-52-17-00003-P ...... 12/27/18 Concerning State Agency Internet posting of Correcting outdated references to the former application forms name of ITS, and the Governor’s Ofﬁce of Regulatory Reform (GORR)

ITS-52-17-00004-P ...... 12/27/18 Providing public access to the records of the Correcting outdated references to the name of Ofﬁce of Information Technology Services ITS, a job title in the ITS Division of Legal Affairs; and gender references

ITS-52-17-00005-P ...... 12/27/18 Providing access to personal information To correct outdated references to the name of ITS and a job title in the ITS Division of Legal Affairs

JOINT COMMISSION ON PUBLIC ETHICS, NEW YORK STATE

JPE-34-17-00003-P ...... 08/23/18 Comprehensive lobbying regulations To set forth comprehensive lobbying regulations that implement the provisions of the Lobbying Act

JPE-34-17-00004-P ...... 08/23/18 Source of funding reporting. To make consistent with the new comprehensive lobbying regulations at Part 943 and clarify exemption procedures.

JPE-42-17-00003-P ...... 10/18/18 Financial disclosure statements To add a right of appeal to provisions governing exemptions related to ﬁling a ﬁnancial disclosure statement

JUDICIAL CONDUCT, STATE COMMISSION ON

JDC-02-18-00003-P ...... 01/10/19 Issuing of subpeonas To clarify that only the referee has subpoena issuing power in Commission hearings

LABOR, DEPARTMENT OF

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

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-41-17-00010-P ...... exempt The undergrounding provisions of the To offer local communities a mechanism for Authority’s Tariff for Electric Service ﬁnancing the additional cost of undergrounding projects

LPA-41-17-00011-P ...... exempt The remote meter reading provisions of the To eliminate charges for remote meter reading Authority’s Tariff for Electric Service

24 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

LONG ISLAND POWER AUTHORITY

LPA-41-17-00012-P ...... exempt The net energy metering provisions of the To update the Authority’s net energy metering Authority’s Tariff for Electric Service provisions consistent with the rest of New York State

MENTAL HEALTH, OFFICE OF

OMH-31-17-00001-P ...... 08/02/18 Early and Periodic Screening, Diagnostic and To promote the expansion of behavioral health Treatment Services for Children services for children and youth under 21 years of age

OMH-51-17-00001-P ...... 12/20/18 Operation of Licensed Housing Programs for To repeal Section 594.8 of Title 14 NYCRR and Children and Adolescents with Serious replace it with a clariﬁed revised version. Emotional Disturbances

MOTOR VEHICLES, DEPARTMENT OF

MTV-26-17-00003-EP ...... 06/28/18 Insurance requirements for TNC vehicles Technical amendment regarding insurance requirements for TNC vehicles

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-01-18-00004-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-23-17-00016-P ...... 06/07/18 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 signing authority level

PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR

PDD-48-17-00010-P ...... 11/29/18 Clariﬁcation of Assessment of Functional and To clarify requirements for an Assessment of Health-Related Needs Functional and Health-Related Needs in Person Centered Planning regulations

PDD-51-17-00005-EP ...... 12/20/18 SNAP Beneﬁt Offset To update the SNAP beneﬁt offset and the amount that each individual must pay to providers.

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

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

25 Action Pending Index NYS Register/January 24, 2018 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

26 NYS Register/January 24, 2018 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

27 Action Pending Index NYS Register/January 24, 2018 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

28 NYS Register/January 24, 2018 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.

29 Action Pending Index NYS Register/January 24, 2018 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

30 NYS Register/January 24, 2018 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

31 Action Pending Index NYS Register/January 24, 2018 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

32 NYS Register/January 24, 2018 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

33 Action Pending Index NYS Register/January 24, 2018 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

34 NYS Register/January 24, 2018 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

35 Action Pending Index NYS Register/January 24, 2018 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

36 NYS Register/January 24, 2018 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

37 Action Pending Index NYS Register/January 24, 2018 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

38 NYS Register/January 24, 2018 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

39 Action Pending Index NYS Register/January 24, 2018 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-32-13-00010-P ...... exempt Permission to write off and eliminate record To allow write off and eliminate record keeping keeping for regulatory reserves for Pensions of Pension and Other Post Retirement Beneﬁts and Other Post Retirement Beneﬁts Reserves

*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

40 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

*PSC-49-13-00008-P ...... exempt Authorization to transfer all of Crystal Water To allow Crystal Water Supply Company, Inc to Supply Company, Inc. stocks to Essel Infra transfer all of its issued and outstanding stocks West Inc. to Essel Infra West Inc.

*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.

41 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

*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-19-14-00018-P ...... exempt Uniform System of Accounts, deferral of an Authorization of a deferral for an expense item expense item beyond the end of the year in which it was incurred

*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

42 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

*PSC-34-14-00009-P ...... exempt Whether to approve the Quadlogic S10N Approval of the Quadlogic S10N Smart Meter residential submeter. for use in residential electric submetering is required by 16 NYCRR Parts 93 and 96.

*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-36-14-00011-P ...... exempt To defer pension settlement losses associated To resolve the ratemaking of the pension with retirements in the year ended March 31, settlement loss. 2014.

*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.

43 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

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

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

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

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

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

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

*PSC-42-14-00003-P ...... exempt Annual Reconciliation of Gas Expenses and The ﬁlings of various LDCs and municipalities Gas Cost Recoveries regarding their Annual Reconciliation of Gas Expenses and Gas Cost Recoveries

*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.

44 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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

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

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

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

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

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

*PSC-12-15-00007-P ...... exempt The Annual Reconciliation of Gas Expenses Examine the Annual Reconciliation of Gas and Gas Cost Recoveries codiﬁed at Title 16 Expenses and Gas Cost Recoveries NYCRR Section 720.6.5 mechanism

*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)

45 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-29-15-00018-P ...... exempt Approval of ratemaking related to amendment To approve or reject the ratemaking aspects of a certiﬁcate of public convenience and SLG’s petition to amend its certiﬁcate of public necessity convenience and necessity

*PSC-29-15-00025-P ...... exempt Joint Petition for authority to transfer real Whether to authorize the proposed transfer of property located at 624 West 132nd Street, real property located at 624 West 132nd Street, New York, NY New York, NY

*PSC-32-15-00006-P ...... exempt Development of a Community Solar To approve the development of a Community Demonstration Project. Solar Demonstration Project.

*PSC-33-15-00009-P ...... exempt Remote net metering of a demonstration To consider approval of remote net metering of community net metering program. a demonstration community net metering program.

*PSC-33-15-00012-P ...... exempt Remote net metering of a Community Solar To consider approval of remote net metering of Demonstration Project. a Community Solar Demonstration Project.

*PSC-34-15-00021-P ...... exempt Petition by NYCOM requesting assistance To consider the petition by NYCOM requesting with obtaining information on CLECs and assistance with obtaining information on ESCOs CLECs and ESCOs

*PSC-35-15-00014-P ...... exempt Consideration of consequences against Light To consider consequences against Light Power Power & Gas, LLC for violations of the UBP & Gas, LLC for violations of the UBP

*PSC-37-15-00007-P ...... exempt Submetered electricity To consider the request of 89 Murray Street Ass. LLC, for clariﬁcation of the submetering order issued December 20, 2007

*PSC-40-15-00014-P ...... exempt Whether to permit the use of the Open Way To consider the use of the Open Way 3.5 3.5 with cellular communications electric meter, pursuant to 16 NYCRR Parts 92 and 93

*PSC-41-15-00005-P ...... exempt Intergrow disputes National Grid’s revenue To consider whether the revenue assurance assurance calculations National Grid is requiring of Intergrow for the new interconnection is appropriate

*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-44-15-00030-P ...... exempt System Improvement Plan mechanism To consider Bath’s petition to implement a SIP mechanism

*PSC-47-15-00013-P ...... exempt Whitepaper on Implementing Lightened Consider Whitepaper on Implementing Ratemaking Regulation. Lightened Ratemaking Regulation.

46 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-01-16-00002-P ...... exempt Revenue assurance calculations To consider whether the revenue assurance National Grid is requiring of Tiashoke for the upgraded service is appropriate

*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-06-16-00010-P ...... exempt Lakewood disputes National Grid’s revenue To consider whether the revenue assurance assurance calculations, speciﬁcally the National Grid is requiring of Lakewood for the duration used. new interconnection is appropriate.

*PSC-06-16-00012-P ...... exempt Inclusion of a Farm and Food Community To consider the inclusion of a Farm and Food program in the community distributed Community program in the community generation program. distributed generation program.

*PSC-06-16-00013-P ...... exempt Continued deferral of approximately To consider the continued deferral of $16,000,000 in site investigation and approximately $16,000,000 in site investigation remediation costs. and remediation costs.

*PSC-06-16-00014-P ...... exempt MEGA’s proposed demonstration CCA To consider MEGA’s proposed demonstration program. CCA program.

*PSC-07-16-00016-P ...... exempt Use of the Electro Industries Shark 200 To consider the use of the Electro Industries electric submeter in residential applications Shark 200 submeter

*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-15-16-00012-P ...... exempt Adequate service of Verizon New York, Inc. To consider the adequacy of Verizon New York Inc.’s service quality

47 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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.

*PSC-29-16-00025-P ...... exempt Proposed modiﬁcations to gas safety To consider NMPC’s petition to modify gas violations metric adopted in Case 12-G-0202. safety violations metric.

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

48 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*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-36-16-00003-P ...... exempt Petition regarding the Commission’s July 14, To consider the terms and conditions of utility 2016 Order Denying Petition. service received by Fastrac Markets, LLC.

*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-40-16-00013-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

*PSC-40-16-00014-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

*PSC-40-16-00019-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

*PSC-40-16-00021-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs. Dynamic Load Management Programs.

*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-42-16-00014-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-44-16-00015-P ...... exempt Surcharge to recover costs of Dynamic Load To consider a surcharge to recover costs of the Management Programs Dynamic Load Management Programs

*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-49-16-00005-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

*PSC-02-17-00010-P ...... exempt Implementation of the four EAMs. To consider the implementation of EAMs for RG&E.

49 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

*PSC-02-17-00012-P ...... exempt Implementation of the four EAMs. To consider the implementation of EAMs for NYSEG.

PSC-03-17-00003-P ...... exempt Good Energy, L.P.’s Community Choice To ensure appropriate consumer protections. Aggregation Implementation Plan and Data Protection Plan.

PSC-07-17-00019-P ...... exempt Deferral and recovery of incremental costs To consider deferring costs related to water main leak repairs for subsequent recovery

PSC-12-17-00012-P ...... exempt Amendments to the UBP. To consider amendments to the UBP.

PSC-12-17-00017-P ...... exempt Amendments to the UBP. To consider the petition for amendments to the UBP.

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-18-17-00033-P ...... exempt Use of the ROMET AdEM-T volumetric To consider the use of the ROMET AdEM-T corrector. volumetric corrector.

PSC-18-17-00034-P ...... exempt Use of the ROMET AdEM-PTZ volumetric To consider the use of the ROMET AdEM-PTZ corrector. volumetric corrector.

PSC-19-17-00004-P ...... exempt NYAW’s request to defer and amortize, for Consideration of NYAW’s petition to defer and future rate recognition, pension settlement amortize, for future rate recognition, pension payout losses incurred in 2016. payour losses incurred in 2016.

PSC-20-17-00008-P ...... exempt Compressed natural gas as a motor fuel for To consider a report ﬁled by National Grid NY diesel fueled vehicles. regarding the potential for adoption of compressed natural gas as a motor fuel.

PSC-20-17-00010-P ...... exempt Compressed natural gas as a motor fuel for To consider a report ﬁled by National Grid diesel fueled vehicles. regarding the potential for adoption of compressed natural gas as a motor fuel.

PSC-21-17-00012-P ...... exempt Compensation for distributed generation To consider appropriate compensation and systems located at farms. policies for distributed generation systems located at farms.

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

50 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-22-17-00007-P ...... exempt Certain Commission requirements related to To consider a change to certain Commission blockable central ofﬁce codes requirements related to blockable central ofﬁce codes

PSC-23-17-00021-P ...... exempt Petition to transfer cable systems. To consider Nicholville et. al.’s request to transfer cable systems in an internal restructuring.

PSC-23-17-00022-P ...... exempt Changes in regulation of ESCOs, including To ensure consumer protection for ESCO restrictions on or prohibitions of marketing or customers. offering certain products or services.

PSC-24-17-00006-P ...... exempt Development of the Utility Energy Registry. Improved data access.

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

PSC-25-17-00005-P ...... exempt Minor rate ﬁling To consider an increase in annual revenues by $154,329 or 116%

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-27-17-00014-P ...... exempt Major electric rate ﬁling. To consider an increase in NMPC’s electric delivery revenues by approximately $326 million (or 13.0% in total revenues).

PSC-27-17-00017-P ...... exempt Major gas rate ﬁling. To consider an increase in NMPC’s gas delivery revenues by approximately $81 million (14.0% in total revenues).

PSC-29-17-00006-P ...... exempt Petition to submeter gas. To consider the petition of LaGuardia Gateway Partners, to submeter gas at LaGuardia Airport Central Terminal B, Flushing, NY.

PSC-30-17-00031-P ...... exempt Proposed tariff ﬁling to implement electric rate To consider tariff revisions implementing options on a pilot basis for the Energy Smart electric rate options on a pilot basis for the Community Project. Energy Smart Community Project.

PSC-31-17-00007-P ...... exempt Notice of intent to submeter electricity To consider the notice of intent of 685 First Realty Compamy, LLC to submeter electricity at 685 1st Avenue, New York, New York

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

PSC-31-17-00011-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request electricity and waiver request of 16 NYCRR § 96.5(k)(3)

PSC-31-17-00012-P ...... exempt Minor rate ﬁling. To consider an increase in annual revenues of about $304,629 or 14%.

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

PSC-32-17-00011-P ...... exempt Minor rate ﬁling. To consider an increase in annual revenues of about $625,974 or 14.6%.

51 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-33-17-00012-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of BOP Greenpoint G LLC to submeter electricity at 37 Blue Slip, Brooklyn, New York.

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

PSC-33-17-00015-P ...... exempt Electric energy storage systems to import To consider revisions to P.S.C. No. 10 - from and export to Con Edison’s distribution Electricity related to electric energy storage system. systems.

PSC-33-17-00016-P ...... exempt Gas service to power generators. To consider proposals in the report regarding service to power generators and related proposed tariff revisions.

PSC-33-17-00017-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Bridge Land Vestry LLC to submeter electricity at 70 Vestry Street, New York, New York.

PSC-33-17-00020-P ...... exempt Gas service to power generators. To consider proposals in the report regarding service to power generators and related proposed tariff revisions.

PSC-33-17-00021-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of 1 DSA Owner LLC to submeter electricity at 242 Broome Street, New York, New York.

PSC-34-17-00005-P ...... exempt Proposed electric and gas energy efﬁciency To establish an energy efﬁciency budget and budget and metrics plan metrics plan for the Company’s electric and gas portfolios for the years 2017-2020

PSC-34-17-00006-P ...... exempt Proposed gas energy efﬁciency budget and To establish an energy efﬁciency budget and metrics plan metrics plan for the Company’s gas portfolio for the years 2017-2020

PSC-34-17-00007-P ...... exempt Proposed electric and gas energy efﬁciency To establish an energy efﬁciency budget and budget and metrics plan metrics plan for the Companies’ electric and gas portfolios for 2019-2020

PSC-34-17-00008-P ...... exempt Proposed electric and gas energy efﬁciency To establish an energy efﬁciency budget and budget and metrics plan metrics plan for the Company’s electric and gas portfolios for 2019-2020

PSC-34-17-00009-P ...... exempt Proposed electric and gas energy efﬁciency To establish an energy efﬁciency budget and budget and metrics plan metrics plan for the Company’s electric and gas portfolios for the years 2018-2020

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-34-17-00012-P ...... exempt Proposed electric and gas energy efﬁciency To establish an energy efﬁciency budget and budget and metrics plan metrics plan for the Company’s electric and gas portfolios for the years 2017-2020

PSC-34-17-00013-P ...... exempt Proposed gas energy efﬁciency budget and To establish an energy efﬁciency budget and metrics plan metrics plan for the Company’s gas portfolio for the years 2017-2020

PSC-34-17-00014-P ...... exempt Proposed gas energy efﬁciency budget and To establish an energy efﬁciency budget and metrics plan metrics plan for the Company’s gas portfolio for the years 2017-2020

52 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-34-17-00017-P ...... exempt Use of the Honeywell Mercury EC350 To consider the use of the Honeywell Mercury volumetric corrector in gas metering EC350 volumetric corrector in gas metering applications applications

PSC-34-17-00018-P ...... exempt Use of the Arteche UCE-7, URJ-17, VCE-17 To consider the use of the Arteche UCE-7, and CRB-17 transformers in electric metering URJ-17, VCE-17 and CRB-17 transformers in applications electric metering applications

PSC-34-17-00019-P ...... exempt Development of an aggregation standard for Improved energy data access to support state release of whole-building energy data to energy efﬁciency and demand reduction goals building owners

PSC-36-17-00009-P ...... exempt Clariﬁcation of the Commission’s Order To consider Con Edison’s petition for Extending the BQDM Program. clariﬁcation of the Commission’s Order Extending BQDM Program.

PSC-36-17-00010-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of The Heritage Dean Street, LLC, to submeter electricity at 470 Dean St, Brooklyn, New York.

PSC-36-17-00011-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter electricity at 229 Cherry Street, New York, New York and waiver request.

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

PSC-37-17-00004-P ...... exempt Community Distributed Generation To encourage the development of distributed compensation after Tranche 3. energy resources while managing impacts on non-participants.

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-37-17-00007-P ...... exempt Lifeline Service that offers a discounted rate To consider changes to the Commission’s to service to qualifying low income requirements related to eligibility for the consumers. supplemental New York Lifeline discount.

PSC-37-17-00009-P ...... exempt Fishers Island Water Works Corporation’s To consider an increase in Fishers Island rates for the provision of water. Water Works Corporation’s annual water revenues by approximately $296,031 or 44.5%.

PSC-39-17-00007-P ...... exempt Rider Q - Standby Rate Pilot. To consider the implementation of Rider Q - Standby Rate Pilot.

PSC-39-17-00008-P ...... exempt Petition to submeter electricity and waiver To consider the petition to submeter electricity request. and waiver request of 16 NYCRR § 96.5(k)(3).

PSC-39-17-00009-P ...... exempt Whether a proposed agreement for the To consider the terms of a service agreement provision of water service by Saratoga Water and waiver. Services, Inc. is in the public interest.

PSC-39-17-00010-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

53 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

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-40-17-00004-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request electricity and waiver of 16 NYCRR § 96.5(k)(3)

PSC-40-17-00005-P ...... exempt Consequences pursuant to the Commission’s To consider whether to impose consequences Uniform Business Practices (UBP) on Flanders for its apparent non-compliance with Commission requirements

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-40-17-00007-P ...... exempt Notice of intent to submeter electricity To consider the notice of intent of CPS Fee Company LLC to submeter electricity

PSC-40-17-00010-P ...... exempt Eligibility for Value of Distributed Energy To encourage the development of distributed Resource tariffs energy resources while managing impacts on non-participants

PSC-41-17-00005-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Sandy 350 LLC to submeter electricity at 350 Clarkson Avenue, Brooklyn, New York.

PSC-41-17-00006-P ...... exempt Major electric rate ﬁling. To consider an increase in CHG&E’s electric delivery revenues by approximately $43 million (or 7.9% in total revenues).

PSC-41-17-00007-P ...... exempt Major gas rate ﬁling. To consider an increase in CHG&E’s gas delivery revenues by approximately $18.1 million (or 12.3% in total revenues).

PSC-42-17-00005-P ...... exempt Complaint for review of rates charged for To consider the complaint ﬁled on January 3, water service to commercial and residential 2017 by Bristol customers. customers of water works corporation.

PSC-42-17-00006-P ...... exempt Notice of Intent to submeter electricity. To consider the Notice of Intent of 45 John NY LLC to submeter electricity at 45 John Street, New York, New York.

PSC-42-17-00007-P ...... exempt Ampersand Kayuta Lake Hyrdo, LLC’s 460 To promote and maintain renewable electric kW hydroelectric facility in Boonville, New energy resources. York.

PSC-42-17-00008-P ...... exempt Ampersand Chasm Falls Hydro, LLC’s 1.6 To promote and maintain renewable electric MW hydroelectric facility in Chateaugay, New energy resources. York

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-43-17-00003-P ...... exempt Notice of intent to submeter electricity and To consider the notice of intent to submeter waiver request electricity and waiver request

PSC-43-17-00004-P ...... exempt ReEnergy Lyonsdale, LLC’s 22 MW biomass To promote and maintain renewable electric facility located in Lewis County, New York energy resources

54 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-44-17-00011-P ...... exempt Implementation of program rules for To promote and maintain renewable and zero- Renewable Energy Standard (RES) and Zero- emission electric energy resources. Emission Credit (ZEC) requirement.

PSC-45-17-00004-P ...... exempt Interval data charges for ESCOs. To consider the elimination of interval data charges for ESCOs.

PSC-45-17-00005-P ...... exempt Existing baseline resources under Tier 2 of To promote and maintain renewable and zero- the Renewable Energy Standard Program. emission electric energy resources.

PSC-45-17-00006-P ...... exempt Arrow Park, Inc.’s rates for the provision of To consider an increase in Arrow Park, Inc.’s water. annual water revenues by approximately $11,200 or 62.06%.

PSC-45-17-00007-P ...... exempt Request for waiver of the individual metering To consider the request for waiver of the requirements of 16 NYCRR Part 96. individual metering requirements of 16 NYCRR Part 96.

PSC-45-17-00008-P ...... exempt Major water rate ﬁling. To consider an increase in SUEZ O-N’s annual revenue requirement by approximately $600,000, or 33.4%.

PSC-46-17-00004-P ...... exempt Drift Marketplace, Inc.’s petition for rehearing To consider the petition for rehearing ﬁled by Drift Marketplace, Inc.

PSC-46-17-00005-P ...... exempt To consider further proposed amendments to To modify grandfathering criteria the original criteria to grandfathering established in the Transition Plan

PSC-46-17-00006-P ...... exempt To consider further proposed amendments to To modify grandfathering criteria the original criteria to grandfathering established in the Transition Plan

PSC-46-17-00007-P ...... exempt Petition to issue unsecured debt obligations To consider the Company’s request to issue unsecured debt obligations

PSC-46-17-00008-P ...... exempt Consequences pursuant to the Commission’s To consider whether to impose consequences Uniform Business Practices (UBP) on MPower for its apparent non-compliance with Commission requirements

PSC-46-17-00009-P ...... exempt Requirements pertaining to inspections and To clarify prior requirements and establish new reporting on plastic fusions installed in gas requirements for plastic fusion qualiﬁcations company service territories and inspections

PSC-46-17-00010-P ...... exempt Compliance with plastic fusion requirements To consider requiring NFG to comply with current and new plastic fusion requirements and report compliance failures

PSC-46-17-00011-P ...... exempt M&R Energy Resource Corp.’s petition for To consider the petition for rehearing ﬁled by rehearing M&R Energy Resource Corp.

PSC-46-17-00012-P ...... exempt To consider further proposed amendments to To modify grandfathering criteria the original criteria to grandfathering established in the Transition Plan

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-46-17-00014-P ...... exempt To consider further proposed amendments to To modify grandfathering criteria the original criteria to grandfathering established in the Transition Plan

55 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-47-17-00010-P ...... exempt Con Edison’s petition for approval of the To consider Con Edison’s multi-solution Smart Solutions for Natural Gas Customers strategy to decrease gas usage and procure Program. alternative resources.

PSC-48-17-00011-P ...... exempt Petition to submeter electricity and waiver To consider the petition to submeter electricity request. and waiver request of 16 NYCRR § 96.5(k)(3).

PSC-48-17-00012-P ...... exempt The extension of the compensation term for To determine the appropriate compensation certain community distributed generation term for certain community distributed projects. generation projects.

PSC-48-17-00013-P ...... exempt VDER Tranche allocations and policies. To consider modiﬁcations to VDER Tranche allocations and policies.

PSC-48-17-00014-P ...... exempt The SATEC Branch Feeder Monitor II electric To consider the SATEC Branch Feeder Monitor submeter. II electric submeter for use in New York State.

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-48-17-00016-P ...... exempt Petition for rehearing of the Commission To consider New Rochelle Home Owners order. Association’s petition for rehearing.

PSC-48-17-00017-P ...... exempt To issue long-term indebtedness, preferred To consider New York State Electric & Gas stock and hybrid securities and to enter into Corporation’s ﬁnance transactions. derivative instruments.

PSC-48-17-00018-P ...... exempt Transfer of certain street lighting facilities. To consider the transfer of certain street lighting facilities from NYSEG to the Town of Bedford.

PSC-49-17-00008-P ...... exempt Merger and associated cessation of To consider Vernon and Oriskany Falls’ petition operations seeking approval of a merger

PSC-49-17-00009-P ...... exempt Part of the Tier 2 Maintenance Tier Program To promote and maintain renewable electric in the RES of the CES energy resources

PSC-49-17-00010-P ...... exempt Minor rate ﬁling To consider an increase in annual revenues of about $300,000 or 5.2%

PSC-50-17-00016-P ...... exempt Joule Assets, Inc.’s Community Choice To ensure appropriate consumer protections. Aggregation Implementation Plan.

PSC-50-17-00017-P ...... exempt New Wave Energy Corp.’s petition for To consider the petition for rehearing ﬁled by rehearing. New Wave Energy Corp.

PSC-50-17-00018-P ...... exempt Application of the Public Service Law to DER To determine the appropriate regulatory suppliers. framework for DER suppliers.

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

PSC-50-17-00020-P ...... exempt Administrative costs and funding sources for To promote and maintain renewable and zero- the RES and ZEC programs. emission electric energy resources.

PSC-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.

56 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-50-17-00023-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent to submeter electricity and waiver request.

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-51-17-00008-P ...... exempt Petition to submeter electricity. To consider the petition of 305 East 24th Owners Corp. to submeter electricity.

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

PSC-51-17-00010-P ...... exempt Transfer certain street lighting facilities to the To consider the transfer of certain street Town of Owego. lighting facilities from NYSEG to the Town of Owego.

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-51-17-00012-P ...... exempt Rider T - Commercial Demand Response To consider revisions to Rider T - CDRP. Program.

PSC-51-17-00013-P ...... exempt Waiver of certain rules and requirements To determine whether to waive any regulations. pertaining to cable television franchise.

PSC-51-17-00014-P ...... exempt Transfer of control. To consider Time Warner Cable Northeast’s petition seeking approval of a transfer of cable television franchises.

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-51-17-00016-P ...... exempt Petition for waiver request of Opinion No. To consider the petition of Jericho Project for 76-17 and 16 NYCRR Part 96. waiver request of Opinion No. 76-17 and 16 NYCRR Part 96.

PSC-52-17-00014-P ...... exempt Oversight and support of Clean Energy Fund To support and monitor the deployment of and related NYSERDA activities clean energy technology

PSC-52-17-00015-P ...... exempt Development of an aggregation standard for Strike new balance between the beneﬁt of release of customer usage information that making more aggregated data available and protects the privacy of customers the need to maintain customer privacy

PSC-52-17-00016-P ...... exempt SUEZ O-N’s rates of the Forest Park Systems To consider an increase in SUEZ O-N’s annual for the provision of water water revenues of the Forest Park Systems by approximately $298,221 or 48.52%

PSC-52-17-00017-P ...... exempt Waiver of PSC regulations, 16 NYCRR To consider a waiver of certain regulations § 86.3(a)(2); 86.3(b)(2) and 88.4(a)(4) relating to the content of an application for transmission line siting

PSC-52-17-00018-P ...... exempt Daily Delivery Service (DDS) Program; Winter To consider modiﬁcations to the DDS Program Bundled Sales Service (WBSS) and Managed and the elimination of the expired WBSS and Supply Service (MSS) Programs MSS Programs

PSC-52-17-00019-P ...... exempt Petition to submeter electricity To consider the petition of Bruns Associates, LLC to submeter electricity

57 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-01-18-00006-P ...... exempt The New York State Reliability Council’s To consider an Installed Reserve Margin for the establishment of an Installed Reserve Margin Capability Year beginning May 1, 2018, and of 18.2%. ending April 30, 2019.

PSC-01-18-00007-P ...... exempt Proposed revisions to O&R’s Distribution To consider whether O&R should recover Load Relief Program (DLRP) cost recovery. DLRP costs from distribution customers only.

PSC-01-18-00008-P ...... exempt Proposed revisions to the Dynamic Load To consider modiﬁcations to the Dynamic Load Management Programs for the summer 2018 Management Programs and proposed draft capability period. tariffs.

PSC-01-18-00009-P ...... exempt Proposed revisions to NYSEG’s Distribution To consider whether NYSEG should recover Load Relief Program (DLRP) cost recovery. DLRP costs from distribution customers only.

PSC-01-18-00010-P ...... exempt The issuance of unsecured debt obligations. To consider the Company’s request to issue unsecured debt obligations.

PSC-01-18-00011-P ...... exempt Participation of low-income ratepayers in To consider methods to support participation of community distributed generation projects. low-income ratepayers in community distributed generation projects.

PSC-01-18-00012-P ...... exempt Proposed revisions to Central Hudson’s To consider whether Central Hudson should Distribution Load Relief Program (DLRP) cost recover DLRP costs from distribution recovery. customers only.

PSC-01-18-00013-P ...... exempt Proposed revisions to RG&E’s Distribution To consider whether RG&E should recover Load Relief Program (DLRP) cost recovery. DLRP costs from distribution customers only.

PSC-01-18-00014-P ...... exempt Proposed revisions to National Grid’s To consider whether National Grid should Distribution Load Relief Program (DLRP) cost recover DLRP costs from distribution recovery. customers only.

PSC-02-18-00004-P ...... exempt Modiﬁcations to the SIR to incorporate larger To consider Staff’s recommended changes and distributed generation units and energy updates to the SIR. storage systems, among other revisions.

PSC-02-18-00005-P ...... exempt Waiver of the prohibition on service to low- To consider the petition for a waiver to the income customers by ESCOs. prohibition on service to low-income customers by ESCOs.

PSC-02-18-00006-P ...... exempt The 2017 Electric Emergency Response To consider the 2017 Electric Emergency Plans. Response Plans for New York’s six major electric utilities.

PSC-02-18-00007-P ...... exempt Transfer of certain street lighting facilities. To consider the transfer of certain street lighting facilities from NYSEG to the City of Geneva.

PSC-02-18-00008-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Murray Hill Marquis LLC to submeter electricity.

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

PSC-04-18-00004-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of Murray Hill Marquis LLC to submeter electricity.

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.

58 NYS Register/January 24, 2018 Action Pending Index Agency I.D. No. Expires Subject Matter Purpose of Action

PUBLIC SERVICE COMMISSION

PSC-04-18-00006-P ...... exempt Consideration of the Central Hudson Gas & To consider Central Hudson Gas & Electric Electric Corporation Implementation Plan and Corporation’s Management Audit audit recommendations. Implementation Plan.

PSC-04-18-00007-P ...... exempt Con Edison’s methodology for reconciling the To consider modiﬁcations to the manner in gas POR discount rate charge. which reconciliations of the POR discount rate are collected or refunded.

PSC-04-18-00008-P ...... exempt Waiver of Commission requirements. To consider a waiver of the Commission’s electric infrastructure requirement.

PSC-04-18-00009-P ...... exempt Notice of intent to submeter electricity. To consider the notice of intent of 20 Broad Street Owner LLC to submeter electricity.

STATE, DEPARTMENT OF

DOS-32-17-00002-P ...... 08/09/18 Alarm installation, servicing and maintenance Update current regulations for industry improvement and to make technical changes to existing text

DOS-52-17-00013-EP ...... 12/27/18 Establishment of the Identity Theft Prevention To facilitate the timely provision of information and Mitigation Program and assistance to victims of identity theft

STATE UNIVERSITY OF NEW YORK

SUN-06-17-00003-P ...... 02/08/18 proposed amendments to trafﬁc and parking Amend existing regulations to update trafﬁc regulations at SUNY Binghamton and parking regulations

SUN-49-17-00004-EP ...... 12/06/18 College fees To amend the College fees at SUNY’s four university centers, as approved as part of the Broad Based Fee review process

TAXATION AND FINANCE, DEPARTMENT OF

TAF-37-17-00002-P ...... 09/13/18 Reference to forms required to ﬁle a petition To delete parenthetical references to form or an exception with the Division of Tax numbers that are no longer in use, as the Appeals agency has updated and renumbered its forms

TAF-48-17-00004-P ...... exempt Fuel use tax on motor fuel and diesel motor To set the sales tax component and the fuel and the art. 13-A carrier tax jointly composite rate per gallon for the period administered therewith. January 1, 2018 through March 31, 2018.

TAF-49-17-00007-EP ...... 12/06/18 New York State, City of Yonkers and New To provide current New York State, City of York City withholding tables and other Yonkers and New York City withholding tables methods and other methods

TAF-51-17-00002-EP ...... 12/20/18 Metropolitan Transportation Business Tax To provide metropolitan transportation business Surcharge tax rate for tax year 2018.

TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF

TDA-35-17-00005-P ...... 08/30/18 Application process for the Supplemental To align State regulations for SNAP application Nutrition Assistance Program (SNAP) process with federal statutory and regulatory requirements and SNAP policy

59 Action Pending Index NYS Register/January 24, 2018 Agency I.D. No. Expires Subject Matter Purpose of Action

WORKERS’ COMPENSATION BOARD

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

WCB-01-18-00001-P ...... 01/03/19 Workers’ Compensation Board - Option to Creates the process for the Jockey Fund to Self-Insure for Jockey Fund self-insure for Workers’ Compensation coverage

60 REGULATORY AGENDA

Office for People with Developmental Disabilities Individuals with Developmental Disabilities - to allow authorization of providers’ enrollment into Independent Practitioner Services for Pursuant to subdivision 1 of section 202-d of the State Administra- Individuals with Developmental Disabilities. tive Procedure Act (SAPA), notice is provided of the following rules that the Office for People With Developmental Disabilities (OPWDD) Repeal Rate Appeal Processes - to repeal processes for appealing is considering proposing, but for which a rule making proceeding has rate methodologies as this function now rests with the Department of not begun. All following references to regulatory provisions are to Health. Title 14 of the New York Code of Rules and Regulations. Please note Repeal of Rate Setting Authority - to repeal rates and rate setting that the regulatory plans of OPWDD are subject to change. OPWDD methodologies as rulemaking authority for rates now rests with the reserves the right to add, delete, or modify items appearing on this list. Department of Health. Further, as indicated in SAPA section 202-d (2), OPWDD is not Intermediate Care Facilities (ICF) Closure and Conversions - to required to propose or adopt any rule listed on a regulatory agenda require ICF conversion compliance as necessary. and may propose or adopt a rule that has not been listed on an agenda. Home and Community Based Services (HCBS) Requirements for Publication of this notice is intended to further assure that small Residences - to define HCBS requirements for residential businesses, local governments, and public and private interests in ru- development. ral areas are given an opportunity to participate in the rule making HCBS Requirements for Family Care Homes - to authorize assess- process, as provided by sections 202-b and 202-bb of SAPA. Each ment of Family Care Homes and enforcement of HCBS requirements. rule listed below may require a regulatory flexibility analysis or a rural flexibility analysis, pursuant to SAPA sections 202-b and 202-bb, Day Habilitation with/ without Walls – to define programmatic stan- respectively. dards for day habilitation with/ without walls. The public is welcome to send written comments regarding this HCBS Requirements for Day Services to authorize enforcement of regulatory agenda to the agency representative indicated at the end of HCBS requirements in day settings. this list. Amendment to Subpart 635-11 - Fully Integrated Dual Advantage The following rules are under consideration for submission as a Plans (FIDA) - to include regulatory enrollment. Notice of Proposed Rulemaking during the calendar year 2018: Managed Care Enrollment – to include enrollment for managed DESCRIPTION OF THE RULE SUBJECT MATTER care and enhanced care coordination; including People First care Title 14 NYCRR (Mental Hygiene) coordination, CCO’s and Federal Health Homes. Freedom of Information Law - to update the Freedom of Informa- Correction from 1915(c) HCBS waiver language to 1115 Waiver tion regulations. Amendment – to correct regulatory references to remove 1915 (c) language and to reflect new 1115 waiver amendment. Advanced Healthcare Directives - to allow an individual with an advanced healthcare directive to authorize his/her health care agent to Landline Service – to acknowledge changes with telephone line commence decision-making immediately upon the execution of a availability. health care proxy. Telehealth – to allow for the provisions of services delivered via Objection to Services Updates - to streamline and standardize Telehealth. processes for objecting to services. Amendment to Part 635-12 – to include Care Coordination Organi- OPWDD Eligibility Guidelines – to revise existing eligibility zations (CCO), community habilitation and care coordination services guidelines. and to define pre-existing eligibility requirements. Plan of Care Supports and Services (PCSS) Liability Regulations - CONTACT PERSON: Mary Beth P. Babcock, Deputy Counsel, Of- to add Plan of Care Supports and Services as a covered service under fice for People With Developmental Disabilities, Office of Counsel, OPWDD’s Liability regulations. Bureau of Policy and Regulatory Affairs, 44 Holland Ave., 3rd Fl., Albany, NY 12229, (518) 474- 7700, e-mail: Life Safety Code - to implement a recent update in the Life Safety. [email protected] Supported Employment (SEMP) – to clarify billable activities and This agenda is also posted on the OPWDD website at: documentation requirements. www.opwdd.ny.gov Conflict of Interest and Case Management Requirements - to address potential conflicts with service delivery and service coordination. Person-Centered Planning - to amend requirements to ensure consistency with person-centered planning regulations. Supportive Decision-Making - to implement supportive decision- making practices. Delegation of Nursing Tasks to Direct Support Professionals - to implement changes to the Nurse Practice Act. Enrollment Authorization for Independent Practitioner Services for

RULE REVIEW

State Commission of Correction Legal basis for the rule: Correction Law sections 45(6) and 500- (b)(6). As required by Chapter 262 of the Laws of 1996, the following is a CMC-13-98-00003 Repeal of Part 7014 of Title 9 NYCRR list of rules which were adopted by the State Commission of Correc- tion in calendar years 1998, 2003, 2008, and 2013 which must be Analysis of the need for the rule: The rule is needed to repeal un- reviewed in calendar year 2018. Public comment on the continuation necessary provisions. or modification of these rules is invited. Comments should be received Legal basis for the rule: Correction law section 45(6). by April 1, 2018. Comments may be directed to: Deborah Slack-Bean, CMC-13-98-00002 Repeal of Part 7017 and addition of new Part Senior Attorney, A.E. Smith State Office Building, 80 S. Swan Street, 7017 to Title 9 NYCRR 12th Floor, Albany, New York 12210-8001. Analysis of the need for the rule: The rule is needed to streamline CMC-52-97-00006 Amendment of sections 7040.5 and 7621.6(c) the requirements of Part 7017 and eliminate unnecessary provisions. of Title 9 NYCRR Legal basis for the rule: Correction Law section 45(6) and (9). Analysis of the need for the rule: The rule is needed to provide CMC-11-98-00005 Amendment of section 7032.5(d) of Title 9 greater flexibility regarding the number of toilets, sinks, and showers NYCRR that must be provided in multiple occupancy housing areas and Analysis of the need for the rule: The rule is needed to streamline conform minimum square footage requirements. the internal operations of the Citizens’ Policy and Complaint Review Legal basis for the rule: Correction Law section 45(6). Council in order to improve the timeliness of its determinations. CMC-37-98-00001 Amendment of sections 7004.6 and 7025.4 of Legal basis for the rule: Correction Law sections 42(b)(1) and 45(6). Title 9 NYCRR CMC-28-98-00004 Amendment of section 7040.5 of Title 9 Analysis of the need for the rule: The rule is needed to provide local NYCRR correctional facility administrators with greater flexibility regarding Analysis of the need for the rule: The rule is needed to make techni- the disposition of contraband found in incoming correspondence and cal conforming changes. packages. Legal basis for the rule: Correction Law section 45(6). Legal basis for the rule: Correction Law section 45(6). CMC-04-98-00005 Amendment of sections 7003.3, 7003.4, 7003.6, CMC-07-98-00005 Amendment of section 7006.8(a) and (h) of 7009.1, 7009.5, 7010.2, 7010.5, 7013.2, 7013.9, 7028.3, 7040.4, Title 9 NYCRR 7064.4, 7064.8, 7070.2, 7070.6, 7200.2, 7200.3, 7200.6, 7400.4, 7400.6, 7400.11, 7602.4, 7602.5 and 7651.3 of Title 9 NYCRR Analysis of the need for the rule: The rule is needed to extend the time frames for conducting disciplinary hearings and to clarify that an Analysis of the need for the rule: The rule is needed to make techni- inmate must receive a hearing within 15 days of receipt of a misbehav- cal corrections to various provisions of the Commission’s regulations. ior report and must receive at least 24 hours prior written notice of the Legal basis for the rule: Correction Law section 45(6). hearing. CMC-01-13-00013 Amendment of sections 7005.7 and 7025.2 of Legal basis for the rule: Correction Law section 45(6). Title 9 NYCRR CMC-19-98-00015 Amendment of sections 7006.9(a) and 7008.3(a) Analysis of the need for the rule: The rule is needed to allow local of Title 9 NYCRR correctional facilities to regulate the source of incoming inmate Analysis of the need for the rule: The rule is needed to authorize re- packages. striction of a portion of an inmate’s weekly visitation time as a sanc- Legal basis for the rule: Correction Law sections 45(6) and 45(15). tion for misbehavior. CMC-11-13-00005 Amendment of sections 7013.8, 7064.8, 7300.2, Legal basis for the rule: Correction Law section 45(6). 7414.6, 7601.1 and 7651.3 of Title 9 NYCRR CMC-07-98-00006 Amendment of section 7008.4 of Title 9 Analysis of the need for the rule: The rule is needed to amend refer- NYCRR ences of the Department of Correctional Services to the Department Analysis of the need for the rule: The rule is needed to specify that of Corrections and Community Supervision. initial visits are non-contact visits. Legal basis for the rule: Correction Law 45(6) and 45(15). Legal basis for the rule: Correction Law section 45(6). CMC-11-13-00004 Amendment of sections 7022.5(c), 7200.2(a), CMC-24-98-00024 Amendment of section 7013.8(a) and (b); repeal 7200.3, 7200.6(b), 7202.4(a), 7202.6 and 7202.11(a) of Title 9 of section 7013.9; and addition of new section 7013.9 to Title 9 NYCRR NYCRR Analysis of the need for the rule: The rule is needed to amend the Analysis of the need for the rule: The rule is needed to reduce the Commission of Correction’s listed address. instances in which an inmate’s classification status must be reviewed Legal basis for the rule: Correction Law 45(6) and 45(15). and provide greater flexibility regarding the housing of inmates pend- CMC-14-13-00010 Amendment of section 7031.4 of Title 9 ing completion of classification. NYCRR

63 Rule Review NYS Register/January 24, 2018

Analysis of the need for the rule: The rule is needed to eliminate the requirement that law libraries be maintained within a local correctional facility. Legal basis for the rule: Correction Law 45(6) and 45(15). CMC-35-13-0006 Amendment of sections 7032.5 and 7032.8 of Title 9 NYCRR Analysis of the need for the rule: The rule is needed to allow local correctional facilities to submit inmate grievances electronically. Legal basis for the rule: Correction Law 45(4), 45(6) and 45(15). CMC-27-13-00011 Amendment of sections 7002.2(a) and 7205.2(c) of Title 9 NYCRR Analysis of the need for the rule: The rule is needed to reconcile a statutory amendment regarding foreign-state inmates in the Albany County Correctional Facility.

64 GUIDANCE DOCUMENTS

Not less than once each year, every agency shall submit to the Secretary of State for publication in the State Register a list of all Guidance Documents on which the agency currently relies [SAPA, section 202-e(1)]. However, an agency may be exempted from compliance with the requirements of SAPA section 202-e(1) if the agency has published on its website the full text of all Guidance Documents on which it currently relies [SAPA, section 202-e(2)].

Office of Temporary and Disability Assistance 21. Non Public Assistance (NPA) Food Stamp Desk Guide to Codes 22. IM Operational Handbook Authorization of Grants Manual The State Administrative Procedure Act (SAPA) § 202-e requires every State agency, at least once a year, to submit to the Secretary of 23. Budgeting Manual NPA Food Stamp Program State for publication in the New York State Register a list of guidance 24. Budgeting Manual Public Assistance Program documents on which the agency currently relies and to provide infor- 25. Client Notices System (CNS) Codes & Text Catalogue mation on where and how regulated parties and members of the public 26. Client Notices Manual may inspect and obtain copies of the documents. Set forth below is the 27. Time Limit Tracking Manual list of guidance documents relied upon by the New York State Office of Temporary and Disability Assistance (OTDA). Many of these docu- 28. Temporary Assistance and Food Stamp Employment Policy ments are available for review on OTDA’s website at Manual www.otda.ny.gov. Copies of the documents may be requested by writ- 29. Benefit Issuance Control Subsystem (BICS) Error List ing to OTDA’s Public Information Office, 40 North Pearl Street, 16th 30. COSO Guidance ─ Committee on Sponsoring Organizations of Floor, Albany, New York 12243-0001, by calling (518) 474-9516, or the Treadway Commission by e-mailing: [email protected]. Arrangements can be made with 31. eDRS Worker Manual that Office for inspection of the documents. Comments related to the guidance documents should be submitted 32. Disaster SNAP State Plan to: Joseph C. Mazza, OTDA, 40 North Pearl Street, 16th Floor, 33. SNAP Employment & Training Plan Albany, New York 12243-0001; or [email protected]. 34. New York State SNAP Management Evaluation Plan MANUALS AND SOURCE BOOKS 35. Standards for Internal Control in New York State Government 1. Temporary Assistance Source Book 36. WMS New York City Reference Manual 2. Temporary Assistance for Needy Families State Plan 37. WMS Upstate System Reference Manual 3. Supplemental Nutrition Assistance Program (SNAP) Source 38. WMS Code Cards Book 39. WMS Error Listing 4. Home Energy Assistance Program Manual ADMINISTRATIVE DIRECTIVES (ADMs), INFORMATIONAL 5. Home Energy Assistance Program State Plan LETTERS (INFs), LOCAL COMMISSIONER MEMORANDA 6. Temporary Assistance Energy Manual (LCMs), GENERAL INFORMATION SYSTEM (GIS) MESSAGES, 7. Cash Management Subsystem (CAMS) Manual DEAR COLLEAGUE LETTERS (DCLs), OFFICE OF ADMINIS- 8. The Automated Budgeting and Eligibility Logic (ABEL) Refer- TRATIVEHEARINGS(OAH)PROCEDURESTRANSMITTALS, ence Manual AND OTHER ISSUANCES 9. Institute of Internal Auditors International Professional Practices 2017 Framework ADMs 10. Benefit Issuance Control Subsystem (BICS) Services Payments 17-ADM-09 Continuation of Child Support Services to Former Fos- Processing (BSPP) Manual ter Care Cases 11. Benefit Issuance Control Subsystem (BICS) Operations Manual 17-ADM-08 Background Investigations of Employees with Access 12. Electronic Benefit Transfer (EBT) Fiscal Manual to Federal Tax Information 13. Fiscal Reference Manual: Policy and Procedures; Forms and 17-ADM-07 Adoption of New York State Regulatory Amendments Instructions; County Cost Allocation Plan; and New York City Cost Impacting the Child Support Program (18 NYCRR 347.3) Allocation Plan 17-ADM-06 Mandatory Child Abuse and Maltreatment Reporting, 14. GAO Government Auditing Standards Statewide Central Register and State Exclusion List Clearance, and Criminal History Background Check for Employees of Publicly- 15. Indirect Payment Processing Subsystem (IPPS) Manual Funded Emergency Shelters for Families with Children 16. Local District Claiming System Users Manual 17-ADM-05 2017-18 Flexible Fund for Family Services (FFFS) 17. Payment Issuance and Control System (PICS) Manual 17-ADM-04 Emergency Shelter Operating Budgets and Per Diem 18. State Data Exchange (SDX) Reference Guide Rate Submissions 19. System Reference Manual (SRM) 17-ADM-03 Temporary Assistance Budgeting: 2017 Earned Income 20. Welfare Management System (WMS) Worker’s Guide to Codes Disregard and Poverty Level Test

65 Guidance Documents NYS Register/January 24, 2018

17-ADM-02 Storage of Furniture and Personal Belongings 11/10/17 - 17TA/DC044 Home Energy Assistance Program Regular 17-ADM-01 Requirements for Able-Bodied Adults Without Depen- Benefit Component Opening dents (ABAWDs) 11/06/17 - 17TA/DC043 Excessive Replacement Card Notices to LCMs Clients 17-LCM-15 Automated Termination of Supplemental Nutrition As- 10/27/17 - 17TA/DC042 Home Energy Assistance Program (HEAP) sistance Program (SNAP) Claims Heating Equipment Repair and Replacement Closing Date, and exten- 17-LCM-14 2017-18 Home Energy Assistance Program (HEAP) sion of the Heating Equipment Clean and Tune (HECAT) component 17-LCM-13 2018-2019 Biennial Temporary Assistance and Supple- 10/24/17 - 17TA/DC041 Requirements to enter “Highest Degree” mental Nutrition Assistance Program (SNAP) Employment Plan on the Welfare Management System for Certain Non-Temporary SNAP Recipients (UPSTATE ONLY) 17-LCM-12 Establishing a Policy for the Use and Management of Mobile Devices by Local Departments of Social Services 10/13/17 - 17TA/DC040 SNAP Budgeting of AmeriCorps State and National, AmeriCorps NCCC, and AmeriCorps VISTA payments 17-LCM-11 Claiming Deadlines for Federal and State Reimburse- ment 10/06/17 - 17TA/DC039 Treatment of Hurricane Harvey, Hurricane Irma and Hurricane Maria Evacuees Applying for Temporary Assis- 17-LCM-10 Update to the Welfare-to-Work Caseload Management tance (TA), Supplemental Nutrition Assistance Program (SNAP), and System Activity Referral Letter Medicaid 17-LCM-09 Child Support Incentives - Federal Fiscal Years 2015 and 2017 10/04/17 - 17TA/DC038 Release of Revised LDSS-4943 “Supple- mental Nutrition Assistance Program (SNAP) Benefits Categorical 17-LCM-08 2017-2018 Home Energy Assistance Program (HEAP) Eligibility Desk-Aid” – Early Mail Out Process and Administrative Allocations 09/26/17 - 17TA/DC037 Treatment of Hurricane Harvey and Hur- 17-LCM-07 2016-2017 Home Energy Assistance Program (HEAP) ricane Irma Evacuees Applying for SNAP 17TA/DC037 Heating Equipment Clean and Tune Program 17-LCM-06 Supplemental Nutrition Assistance Program Employ- 09/22/17 - 17TA/DC036 Further Guidance on the Inspections of ment and Training Allocations – FFY 2017 Commercial Hotels/Motels 17-LCM-05 Prisoner Re-entry Pilot Program 09/15/17 - 17TA/DC035 Update to the Override Process for Able Bodied Adults Without Dependents (ABAWDs) 17-LCM-04 2017 New York State Summer Youth Employment Program Allocations 08/24/17 - 17TA/DC034 Continuation of the Afghan and Iraqi 17-LCM-03 2016-2017 Home Energy Assistance Program HEAP Special Immigrant Visa Program Cooling Assistance Component (CAC) 08/22/17 - 17TA/DC033 Supplementary Nature of New York 17-LCM-02-T Electronic Disqualified Recipient System (eDRS) Achieving a Better Life Experience (NY ABLE) Savings Accounts Web Service for IPV Submission 08/21/17 - 17TA/DC032 Upstate and NYC – Updated Supplemental 17-LCM-01 Supplemental Nutrition Assistance Program Employ- Nutrition Assistance Program (SNAP) Standards for October 2017 ment and Training (SNAP E&T) Dependent Care Requests for FFY 08/04/17 - 17TA/DC031 Changes in Local District Responsibilities 2016 When Transporting Homeless Students INFs 07/21/17 - 17TA/DC030 Closing of the 2016-2017 Home Energy 17-INF-12 Social Security Administration (SSA) Cost-of-Living Assistance Program Cooling Assistance Component Adjustment (COLA) for January 2018 and Updated SSI and SSP Ben- 07/10/17 - 17TA/DC029 Social Services District Responsibility for efit Levels Chart Timely Submission of Voter Registration Forms 17-INF-11 Revisions of the LDSS-3156, LDSS-3156NYC, LDSS- 06/28/17 - 17TA/DC028 SNAP Overpayment Claims Date of 4053 and LDSS-4857 Discovery Policy Reminder 17-INF-10-T Revisions of the LDSS-4903, LDSS-4904 and LDSS- 06/06/17 - 17TA/DC027 SNAP Disaster Plan Local Emergency 4906 Contacts 17-INF-09 Introduction of LDSS-5091 “Lump Sum Worksheet” 06/06/17 - 17TA/DC026 2017-2018 Home Energy Assistance Form Program (HEAP) TA/SNAP Pre-Autopay Vendor Information Reports 17-INF-08 Summer Food Service Program (SFSP) (UPSTATE ONLY) 17-INF-07 Temporary Assistance Questions and Answers 05/30/17 - 17TA/DC025 Follow-up to GIS 17 TA/DC015—SNAP 17-INF-06 Change in Internal Revenue Service Mileage Rates Process and Technology Improvement Grants and Integrated Eligibil- 17-INF-05 Digest of Laws of 2016 Relating to Programs of the Of- ity System (IES) fice of Temporary and Disability Assistance 05/19/17 - 17TA/DC024 Revised EBT Forms: LDSS-5066 and 17-INF-04 Temporary Housing Assistance (THA) for Sex Offend- LDSS-5004 ers – Updated Department of Corrections and Community Supervi- 05/19/17 - 17TA/DC023 Termination of Temporary Protected Status sion Contact Lists (TPS) for Guinea, Liberia and Sierra Leone 17-INF-03 Revised LDSS-4902 Supplemental Nutrition Assistance 05/16/17 - 17TA/DC022 NYSEG; RG&E Email Restored (UP- Program (SNAP) Standard Utility Allowance (SUA) Table STATE ONLY) 17-INF-02 Changes in the Earned Income Tax Credit (EITC) and 05/12/17 - 17TA/DC021 NYSEG; RG&E Email Outage (UPSTATE Summary of Other Available Federal and State Tax Credits for Tax ONLY) Year 2016 05/11/17 - 17TA/DC020 WINR4112 Pending Data Status Report 17-INF-01 Personal Needs Allowances (PNA) in Non-Medical and Applications & Cases Pending Error Correction-Supervisory Signal- Medical Facilities Desk Aid Other Data Status-SFED/T Entry Report (UPSTATE ONLY) GIS 05/02/17 - 17TA/DC019 National Grid’s Procedures for Elderly, 11/21/17 - 17TA/DC047 Asylum Applicants with Employment Au- Blind or Disabled Household Shut-Offs thorization Recognized as Permanently Residing Under the Color of 04/25/17 - 17TA/DC018 Redesigned I-551 Permanent Resident Law (PRUCOL) for Safety Net Assistance (SNA) Green Card and I-766 Employment Authorization Document (EAD) 11/15/17 - 17TA/DC046 Processing Temporary Assistance (TA) 04/21/17 - 17TA/DC017 Option to End a Temporary Assistance Requests for Energy Emergencies Employment Sanction Notice for Social Services Districts Outside of 11/13/17 - 17TA/DC045 2017-18 HEAP OSC Voucher Creation New York City and Payment (UPSTATE ONLY) 04/26/17 - 17TA/DC016 Release of LDSS-5089: “TASNAP Desk

66 NYS Register/January 24, 2018 Guidance Documents

Guide to Determining Qualification for Student Earned Income Ex- OAH PROCEDURES TRANSMITTALS emption” 17-01 New Issue Code 467 04/20/17 - 17TA/DC015 FFY 2017 Supplemental Nutrition Assis- 17-03 SDRU tance Program (SNAP) Process and Technology Improvement Grants 2016 04/17/17 - 17TA/DC014 Eligibility for Expedited Supplemental ADMs Nutrition Assistance Program Benefits for Certain Able Bodied Adults Without Dependents 16-ADM-11 Temporary Housing Assistance: Consolidation and Clarification of Policy 04/11/17 - 17TA/DC013 2016-17 Home Energy Assistance Program (HEAP) Revised Program Allocations 16-ADM-10 Flexible Fund for Family Services (FFFS) 16-ADM-09 Temporary Assistance Policy: Change in the Vehicle 04/07/17 - 17TA/DC012 Operations Plans 18 NYC RR Part 352.39 Resource Exemption and Lump Sum Set-Aside 03/10/17 - 17TA/DC011 Important Notification about April 2017 16-ADM-08 Alternative Format and Disability Accommodation State Supplement Program Payments Indicator Use 03/09/17 - 17TA/DC010 2016-17 Home Energy Assistance Program 16-ADM-07 Change to Standard Utility Allowance (SUA) Policy Regular and Emergency Benefit Components Closing Dates mandated by Section 4006 of the Agriculture Act of 2014 – Final 03/03/17 - 17TA/DC009 Follow up on Supplemental Nutrition As- Policy sistance Program Employment and Training (SNAP E&T) Dependent 16-ADM-06 Expansion of Categorical Eligibility for Supplemental Care Requests for FFY2016 Nutrition Assistance Program (SNAP) Households with Earned In- 02/21/17 - 17TA/DC008 SNAP IPV Submission to Electronic Dis- come qualified Recipient System (eDRS) 16-ADM-05 Change in Documentation Requirements for Indepen- 02/13/17 - 17TA/DC007 200% of Poverty Income Standards Chart dent Medical Evaluations of Employability – June 1, 2017 through May 31, 2018 16-ADM-04 Temporary Assistance Budgeting: 2016 Earned Income 02/03/17 - 17TA/DC006 Changes to AIDS/HIV Definition that Af- Disregard and Poverty Level Test fect Eligibility for the Emergency Shelter Allowance 16-ADM-03 Procedure for requesting Approval of Local Equiva- 02/01/17 - 17TA/DC005 Closing of the 2015-2016 Home Energy lent Forms Assistance Program (HEAP) Heating Equipment Clean and Tune Pro- 16-ADM-02 Refugee Cash and Medical Assistance Programs (RCA gram and RMA) 01/30/17 - 17TA/DC004 2017-2018 Income Guidelines for Emer- 16-ADM-01 Supplemental Nutrition Assistance Program (SNAP) gency Safety Net Assistance (ESNA) and Emergency Assistance to Employment Codes Needy Families with Children (EAF) LCMs 01/05/17 - 17TA/DC003 Release of LDSS-5088 “IV-D Payment 16-LCM-17 2016-17 Home Energy Assistance Program Adminis- (Pass-Through) Mass Reauthorization (MRB/A)” Desk Guide (UP- trative Allocations and Program Allocations STATE ONLY) 16-LCM-16 2016-17 Home Energy Assistance Program (HEAP) 01/05/17 - 17TA/DC002 Upstate SSI COLA NYSNIP Standard 16-LCM-15 Quarterly Fraud Report Benefit Amount Adjustments (UPSTATE ONLY) 16-LCM-14 Claiming Deadlines for Federal and State Reimburse- 01/05/17 - 17TA/DC001 NYC SSI COLA NYSNIP Standard Bene- ment fit Amount Adjustments (NYC ONLY) 16-LCM-13 2016-2017 Home Energy Assistance Program (HEAP) DCLs (Child Support) - Early Mail Out Process and Administrative Allocations D 11/13/2017 Prevention of Property Execution for Social Security 16-LCM-12 Revised LDSS-4958 ‘‘TA Sanction & Denial Policy/ Benefits Participation Rate Impact Guide’’ D 11/02/2017 Check to Electronic Disbursement Enrollment Pro- 16-LCM-11 2015-16 Home Energy Assistance Program (HEAP) cess Reinstatement Heating Equipment Clean and Tune Program D 10/20/2017 Account Statement and Payment History Documents 16-LCM-10 Adoption of New York State Regulatory Amendments for Court Hearing Purposes Impacting the Child Support and Temporary Assistance Programs D 08/09/2017 Federal Reporting and Performance Training - Avail- 16-LCM-09 Revisions to the LDSS-2921, PUB-1301, LDSS-3174, able Resources PUB-1313, LDSS-4148A-C, LDSS-4826, LDSS-4826A, LDSS-4942, D 07/28/2017 Department of Motor Vehicles License Suspension and LDSS-2291 Law Extended 16-LCM-08 Submission of TANF Claims/FFFS Plans D 06/27/2017 Process Year 2018 Tax Refund Offset Delete Certified 16-LCM-07 Child Support Incentives - Federal Fiscal Years 2014 for Offset Values and 2016 D 06/12/2017 Transition of Debit Card Services to Bank of Amer- 16-LCM-06 2016 New York State Summer Youth Employment ica, NA (BOA)-Update Program Allocations D 06/08/2017 Special Collection - Alaska Permanent Fund Divi- 16-LCM-05-T 2015-2016 Home Energy Assistance Program dend (HEAP) Cooling Assistance Component (CAC) D 05/03/2017 Private Collection Agencies 16-LCM-04 Supplemental Nutrition Assistance Program Employ- D 05/02/2017 Program Manual Key User Group ment and Training (SNAP E&T) Allocations – FFY 2016 D 04/25/2017 Transition of Debit Card Services to Bank of Amer- 16-LCM-03 Revisions to the LDSS-4725: TANF Services ica, N.A. Application/Certification Review Form; the LDSS-4726: TANF Ser- D 04/14/2017 Child Support Processing Center Contract Extension vices Application/Certification; and the LDSS-4770: TANF Youth and Vendor Name Change Services Application D 02/27/2017 Updated Child Support Guidelines Figures and Publi- 16-LCM-02 Establishing a Social Media Access Policy for Social cation of the Child Support Standards Chart Services Districts D 02/01/2017 New Jersey Legislation - Termination of Child Sup- 16-LCM-01 Supplemental Nutrition Assistance Program Employ- port ment and Training (SNAP E&T) Dependent Care Requests for FFY D 01/03/2017 Hague Convention Forms and International Child 2015 Support Cases INFs

67 Guidance Documents NYS Register/January 24, 2018

16-INF-18 Social Security Administration (SSA) Cost-of-Living 08/01/16 - 16TA/DC047 Redesigned Common Benefit Identifica- (COLA) for January 2017 and Updated SSI and SSP Benefit Levels tion Card (CBIC) Chart 07/22/16 - 16TA/DC046 Closing of the 2015-2016 Home Energy 16-INF-17 Revised LDSS-4942: SNAP Authorized Representative Assistance Program Cooling Assistance Component Request Form 07/19/16 - 16TA/DC045 Elimination of Child Support Assignment 16-INF-16 Revisions to the LDSS-4314 “SNAP Household Com- of Rights Language Inserts position Desk Guide” 07/19/16 - 16TA/DC044 Clarification of ABAWD Status for SNAP 16-INF-15 Revisions to Manual Client Notices Recipients Receiving Veterans Affairs Disability Compensation 16-INF-14 State Minimum Wage Increase and Its Effect on Tempo- 07/14/16 - 16TA/DC043 Social Services District Responsibility for rary Assistance and Supplemental Nutrition Assistance Programs Submission of Voter Registration Forms Received via Electronically 16-INF-13 Revised LDSS-4826: ‘‘SNAP Application/ Submitted Applications Recertification’’ and LDSS-4826A ‘‘How to Complete Application/ 07/06/16 - 16TA/DC042 Contact Information for the Employment Recertification and Applicant/Recipient Rights and Responsibilities and Income Support Programs for SNAP’’ 07/06/16 - 16TA/DC041 Filipino World War II Veterans Parole 16-INF-12 Temporary Assistance/Medicaid Policy: Impact of the Program (FWVP) Affordable Care Act on Temporary Assistance Applicants Also Apply- 07/01/16 - 16TA/DC040 Client Notices System (CNS) Z95 (Con- ing for Medicaid and Introduction of – Tax Dependent Questions tinuing Your SNAP: Phone Recertification) language changes due to (Added to Application Form DSS-2921) pagination changes (UPSTATE ONLY) 16-INF-11 Revisions of forms LDSS-4799 and LDSS-4799-NYC 06/13/16 - 16TA/DC039 2016-17 Home Energy Assistance Program 16-INF-10 Eat Smart New York Nutrition Education Materials (HEAP) TA/SNAP Pre-Autopay Vendor Information Reports (UP- 16-INF-08 Summer Food Service Program (SFSP) STATE ONLY) 16-INF-07 Supplemental Nutrition Assistance Program Revised 06/10/16 - 16TA/DC038 Updated Forms for Re-Branding and Publications-2016 USDA Nondiscrimination Statement 16-INF-06 Local District Security Provisions for Hearing Officers 06/06/16 - 16TA/DC037 Consolidation of Cognos Reports in the 16-INF-05 Revised LDSS-3668: “Shelter Verification” Form Employment Programs Reports Folders (UPSTATE ONLY) 16-INF-04 Digest of Laws of 2015 Relating to Programs of the Of- 06/06/16 - 16TA/DC036 One-Time Process to Correct Certain fice of Temporary and Disability Assistance ABAWD-Related Override Transactions 16-INF-03 Change in Internal Revenue Service Mileage Rates 06/03/16 - 16TA/DC035 SNAP Disaster Plan Local Emergency Contacts GIS 05/27/16 - 16TA/DC034 Extending Deadline for Entering ABAWD 12/28/16 – 16 TA/DC064 – Release of Revised LDSS-4943 Override Transactions Associated with an ABAWD Exclusion for the “Supplemental Nutrition Assistance Program Benefits Categorical First Quarter of Calendar Year 2016 Eligibility Desk-Aid” 05/26/16 - 16TA/DC033 Availability of New SNAP E&T Cognos 12/20/16 – 16 TA/DC063 Home Energy Assistance Program Emer- Reports gency Benefit Component Opening 05/17/16 - 16TA/DC032 Temporary Assistance (TA) and Supple- 12/16/16 – 16 TA/DC062 – Social Services District Responsibility mental Nutrition Assistance Program (SNAP) Policy Reminder for Updating County Profile Information Found on CentraPort Regarding Strikers 12/13/16 – 16 TA/DC061 – Security Measures 05/02/16 - 16TA/DC031Temporary Assistance Policy: Change in 12/12/16 – 16 TA/DC060 – 2016-17 Holiday Moratorium Schedule the Vehicle Resource Exemption and Lump Sum Set-Aside for NYS Public Service Commission (PSC) Regulated and Municipal 04/25/16 - 16TA/DC030 Availability of New Cognos Report: Utility Companies ABAWD Tracking Report 11/22/16 - 16 TA/DC059 Extension of the 2015 – 2016 Home 04/18/16 - 16TA/DC029 Systematic Alien Verification for Entitle- Energy Assistance Program (HEAP) Heating Equipment Clean and ments (SAVE) Program System Update Tune Program 04/12/16 - 16TA/DC028 Override Process for Able Bodied Adults 11/10/16 - 15 TA/DC058 2016-17 HEAP OSC Payment File Without Dependents (ABAWDs) Transfer Schedule 04/07/16 - 16TA/DC027 Reminder– 2015-16 Home Energy Assis- 11/09/16 - 16 TA/DC057 National Grid Website Access Issues tance Program Regular and Emergency Benefit Components Closing 10/27/16 - 16TA/DC056 Grace Period for Able Bodied Adults on April 8, 2016 Without Dependents (ABAWDs) Who Reestablish SNAP Eligibility 04/07/16 - 16TA/DC026 SNAP E&T/ABAWD Exemption for by Meeting the ABAWD Requirement Students Enrolled in High School 10/26/16 - 16TA/DC055Processing Temporary Assistance (TA) 04/06/16 - 16TA/DC025 Electronic Disqualified Recipient System Requests for Energy Emergencies (eDRS) 10/18/16 - 16TA/DC054 National Grid Website Changes 04/01/16 - 16TA/DC024 Statewide Financial System Blackout Pe- 10/14/16 - 16TA/DC053 Beneficiaries of Temporary Protected riod (UPSTATE ONLY) Status (TPS) Recognized as Permanently Residing Under the Color of 03/29/16 - 16TA/DC023 Approval of A6902B/S5283A – Require- Law (PRUCOL) for Safety Net Assistance (SNA) ment of State Agencies to Pay Small Businesses Within 15 Days of 10/13/16 - 16TA/DC052 SNAP Employment and Training Report- Receipt of an Invoice ing Measures 03/21/16 - 16TA/DC022 Entering, Tracking and Reporting of Able 09/09/16 - 16TA/DC051 Social Services District Responsibility for Bodied Adults Without Dependents (ABAWD) Exclusions and Timely Submission of Voter Registration Forms Prior to the General ABAWDs Residing in a Jurisdictional Area with an Approved Election ABAWD Waiver for Calendar Year 2016 08/25/16 - 16TA/DC050 Upstate and NYC - Updated Supplemental 03/21/16 - 16TA/DC021 FFY 2016 Supplemental Nutrition Assis- Nutrition Assistance Program (SNAP) Standards for October, 2016 tance Program (SNAP) Process and Technology Improvement Grants 08/08/16 - 16TA/DC049 Inspections of Commercial Hotels/Motels 03/16/16 - 16TA/DC020 Revised Client Notification System Used for Temporary Housing Alcohol and Substance Abuse Sanction Language 08/02/16 - 16TA/DC048 Eligibility to Participate in SNAP by 03/15/16 - 16TA/DC019 Electronic Disqualified Recipient System Certain Cuban Nationals Under an Order of Supervision (eDRS)

68 NYS Register/January 24, 2018 Guidance Documents

03/11/16 - 16TA/DC018 2015-16 Home Energy Assistance Program D 05/31/16 New Data Match with New York State and Local Retire- (HEAP) Regular and Emergency Benefit Components-Revised Clos- ment System ing Dates D 03/09/16 Revised Wage and Health Benefit Report and Automated 03/10/16 - 16TA/DC017 2016-2017 Income Guidelines for Emer- Generation Process gency Safety Net Assistance (ESNA) and Emergency Assistance to D 03/07/16 Addendum to Family Court Support Petition to Request Needy Families with Children (EAF) Child Support Services 03/09/16 - 16TA/DC016 Important Notification about April 2016 D 03/02/16 Changes Related to Aging Parameters and Overage State Supplement Program (SSP) Payments Statuses Report 02/22/16 - 16TA/DC015 Migration of Supplemental Nutrition As- D 02/29/16 Updated Child Support Guidelines Figures and Publica- sistance Program Employability and ABAWD Indicator Code Fields tion of the Child Support Standards Chart to the Welfare Management System D 02/09/16 Update on Federal Case Registry Misidentified Partici- 02/19/16 - 16TA/DC014 NYSEG and RG&E Website Security pant Application Enhancements (UPSTATE ONLY) D 01/21/16 Use of Worker Alerts for Caseload Management 02/19/16 - 16TA/DC013 200% of Poverty Income Standards Chart D 01/21/16 Child Support Processing Center Contract Extension June 1, 2016 through May 31, 2017 OAH PROCEDURES TRANSMITTALS 02/18/16 - 16TA/DC012 LDSS-5004 Revision 16-11 Instructions Regarding 16-ADM-11 02/16/16 - 16TA/DC011 Revised – SNAP Treatment of Funds in On-Line “Crowdfunding” Accounts 16-09 Fishman v. Daines Litigation Procedures (Amended 16-02) 02/03/16 - 16TA/DC010 Tracking and Reporting of Able Bodied 16-08 Rafferty v. Doar Alternative Format Documents Adults Without Dependents (ABAWD) Exclusions and ABAWDs 16-07 Video Hearing Procedures Residing in a Jurisdictional Area with an Approved ABAWD Waiver 16-06 Review of Disqualification Consent Agreement (DCA) and for Calendar Year 2016 (UPSTATE ONLY) New Issue Codes 170 and 443 02/01/16 - 16TA/DC009 Release of Revised LDSS-4884: “Emer- 16-05 Fair Hearing Decision Transmittal and Summary Page gency Energy Desk Guide” 16-04 Ramirez - Language Access Insert with Correspondence 01/27/16 - 16TA/DC008 New State On-Line Query System (SOLQ) Training Module 16-03 Supplemental Nutrition Assistance Program (SNAP) Ad- journments 01/25/16 - 16TA/DC007 Issues with Cognos Biennial Accounting Report (UPSTATE ONLY) 16-02 Fishman v. Daines Litigation Procedures (Amended 13-01) 01/22/16 - 16TA/DC006 Redesigned Common Benefit Identifica- 16-01 Access to Policy Documents to Prepare for a Fair Hearing tion Card (CBIC) 2015 01/20/16 - 16TA/DC005 Home Energy Assistance Program (HEAP) ADMs Heating Equipment Repair and Replacement Closing Date 15-ADM-09 Return of Interim Assistance Reimbursement (IAR) 01/14/16 - 16TA/DC004 Increase in SNAP Gross Income Test Level Funds Incorrectly Collected from the Social Security Administration for Households with Earnings (SSA) 01/11/16 - 16TA/DC003 Availability of New Cognos Report: Bien- 15-ADM-08 Child Support Security Awareness Training nial Accounting Report w/2 Attachments (UPSTATE ONLY) 15-ADM-07 Arrears Pilot Initiative to Improve Child Support Com- 01/08/16 - 16TA/DC002 Electronic Disqualified Recipient System pliance (eDRS) (UPSTATE ONLY) 15-ADM-05-T Recovery of Liens and Requirement to Provide Bi- 01/05/16 - 16TA/DC001 New Fair Hearing Notice Language – ennial Accounting Availability of Policy Materials 15-ADM-04 The Modified Mini Screen (MMS) Mental Health DCLs (Child Support) Screening Tool D 11/03/16 Guidance Document Regarding Money Judgments 15-ADM-03 Flexible Fund for Family Services (FFFS) D 10/14/16 Publication of Child Support Bank Reconciliation Guide 15-ADM-02 Temporary Assistance Budgeting: 2015 Earned Income D 09/29/16 Guidance Document Regarding the Death of a Child or Disregard and Poverty Level Test a Party to an Order of Support 15-ADM-01 State Supplement Program (SSP) Recovery of Equiva- D 09/28/16 Questions and Answers Document Regarding the lent Benefits (REB) Policy and Procedures Disclosure of Federal Tax Information in Court Proceedings LCMs D 09/01/16 Adoption of New York State Regulatory Amendments – 15-LCM-22 Home Energy Assistance Program Administrative Al- Income Withholding locations and Program Allocations D 08/22/16 Statewide Expansion of Electronic Disbursements of 15-LCM-21 Supplemental 100% SNAP Employment and Training Child Support Payments Allocations – FFY 2015 D 08/15/16 Enhancement to the Electronic Communication System 15-LCM-20-T Clarification of Drug/Alcohol Change in Level of in Support of the Debit Card Process Care and Determining Compliance D 08/03/16 Banking Services Contact Update 15-LCM-19 Electronic Disqualified Recipient System (eDRS) Web D 07/08/16 Revised Procedures -- Walk-In Payments related to Col- Service lection Actions taken by the New York State Department of Taxation 15-LCM-18 2016-2017 Biennial Temporary Assistance and Supple- and Finance mental Nutrition Assistance Program (SNAP) Employment Plan D 07/08/16 New Banking Services Contract in Support of Central- 15-LCM-17 2015-2016 Home Energy Assistance Program (HEAP) ized Support Collection and Enforcement 15-LCM-16 Establishing a Social Media Access Policy for Social D 06/28/16 Preparing Account Documents and Payment Records Services District Investigators for Court Hearings in Compliance with IRS Publication 1075 Require- 15-LCM-15 Temporary Assistance Questions and Answers ments 15-LCM-14 2015-2016 Home Energy Assistance Program (HEAP) D 06/21/16 New Special Collection - Alaska Permanent Fund Divi- – Early Mail Out Process and Administrative Allocations dend 15-LCM-13 Revisions to the LDSS-4925: “Employability Code D 06/21/16 Process Year 2017 Tax Refund Offset Delete Certified Desk Guide TANF and SN MOE” and LDSS-4926: “Employability for Offset Values Code Desk Guide SN Non-MOE”

69 Guidance Documents NYS Register/January 24, 2018

15-LCM-12 Claiming Deadlines for Federal and State Reimburse- 10/30/15 - 15TA/DC046 Refugee Form I-94 Arrival/Departure Rec- ment ord Automation 15-LCM-11 Child Support Incentives – Federal Fiscal Years 2013 10/26/15 - 15TA/DC045 Alternative Formats and Rafferty v. and 2015 OTDA, DOH, HRA, et. al Settlement 15-LCM-10 Revisions to the LDSS-4923: ‘‘TANF and SNA MOE 10/20/15 - 15TA/DC044 Electronic Disqualified Recipient System Work Activities Countability Desk Guide’’ and LDSS-4924: SNA (eDRS) Non-MOE Work Activities 10/02/15 - 15TA/DC043 Home Energy Assistance Program (HEAP) 15-LCM-09 Supplemental Nutrition Assistance Program (SNAP) Manual Revised Civil/Human Rights Complaint Procedures 10/02/15 - 15TA/DC042 Federal Government Shutdown Averted 15-LCM-08 Supplemental Nutrition Assistance Program Employ- 09/25/15 - 15TA/DC041 Potential Federal Government Shutdown ment and Training (SNAP E & T) Allocations – FFY 2015 and SNAP (Supplemental Nutrition Assistance Program) Benefits 15-LCM-07 2015 New York State Summer Youth Employment 09/25/15 - 15TA/DC039 Statewide Financial System (SFS) Black- Program Allocations out Period affecting Home Energy Assistance Program (HEAP) 15-LCM-06 Deactivation of SNAP Debts in the Treasury Offset vendor payments (UPSTATE ONLY) Program (TOP) for payment received 09/14/15 - 15TA/DC038 Reminder to Disregard Certain SNAP 15-LCM-05 Submission of TANF Claims/FFFS Plans E&T Sanctions from the SNAP E&T Sanction Progression 15-LCM-04 Noncustodial Parent (NCP) Employment Program 09/14/15 - 15TA/DC037 Important Notification about October 2015 15-LCM-03 2014-2015 Home Energy Assistance Program (HEAP) SSP Payments Cooling Assistance Component (CAC) 09/09/15 - 15TA/DC036 Changes to National Grid’s Procedures for 15-LCM-02 Revisions to LDSS-4004 Elderly, Blind or Disabled Households (UPSTATE ONLY) 15-LCM-01 Records Access 08/28/15 - 15TA/DC035 Validation of Social Security Numbers INFs 08/25/15 - 15TA/DC034 Upstate and NYC-Updated Supplemental 15-INF-10 Social Security Administration (SSA) Cost of Living Nutrition Assistance Program (SNAP) Standards for October 2015 (COLA) for January 2016 and updated SSI and SSP Benefit Levels 08/24/15 - 15TA/DC033 Closing of the 2014-2015 Home Energy Chart Assistance Program Cooling Assistance Component 15-INF-09 State Minimum Wage Increase and Its Effect on Tempo- 08/14/15 - 15TA/DC032 Electronic Benefit Transfer (EBT) Outage rary Assistance (TA) and Supplemental Nutrition Assistance Program 08/04/15 - 15TA/DC031 2015-2016 Home Energy Assistance (SNAP) Program (HEAP) TA/SNAP Pre-Autopay Vendor Information Reports 15-INF-08 Supplemental Nutrition Assistance Program (SNAP) 08/04/15 - 15TA/DC030 Excessive Replacement Card Letter to Data Collection and Reporting Requirements Related to Racial and Clients Ethnic Data 07/24/15 - 15TA/DC029 Temporary Cessation of System Gener- 15-INF-07 Investigative Unit Operations Plan (Revised) ated CNS Notices to Shelter, Fuel and/or Utility Vendors 15-INF-06 Summer Food Service Program (SFSP) 07/02/15 - 15TA/DC028 Revised State Verification and Exchange 15-INF-05 Revised LDSS-3938 and LDSS-3938 NYC: “Supple- System (SVES) and State Online Query (SOLQ) Manual mental Nutrition Assistance Program (SNAP) Application Expedited 06/15/15 - 15TA/DC027 EBT Forms Ordering. LDSS 5066 and Processing Summary Sheet” LDSS 5004. 15-INF-04 Digest of Laws of 2014 Relating to Programs of the Of- 06/12/15 - 15TA/DC026 Change to the Address for the Guide Dog fice of Temporary and Disability Assistance Food Coordinator on the LDSS 3087, “Application/Recertification 15-INF-02 Change in Internal Revenue Service Mileage Rates Guide Dog Food Program.” (NYC ONLY) GIS 06/08/15 - 15TA/DC025 2015-2016 Home Energy Assistance 12/22/15 - 15TA/DC057 HEAP Emergency Benefit Component Program (HEAP) TA/SNAP Pre-Autopay Vendor Information Reports Opening (UPSTATE ONLY) 12/16/15 - 15TA/DC056 HEAP and TA Implications of the 2015-16 06/05/15 - 15TA/DC024 SNAP Disaster Plan Local Emergency Utility Termination Moratorium Schedule for NYS PSC Regulated Contacts and Municipal Utility Companies 06/03/15 - 15TA/DC023 Rafferty v. OTDA, DOH, HRA, et. al 12/10/15 - 15TA/DC055 Biennial Accounting for Liens and Child Settlement and Alternate Format Materials for the Visually Impaired Support Recoveries 05/29/15 - 15TA/DC022 Home Energy Assistance Program (HEAP) 12/02/15 - 15TA/DC054 ABAWD Waiver Status and One-Time Pending Report Closing (UPSTATE ONLY) Mailing of ABAWD Status Notification Letter (UPSTATE ONLY) 05/12/15 - 15TA/DC021 Restoration of SFARS (Specialized Fraud 12/01/15 - 15TA/DC053 Safety Net Assistance (SNA) 45-Day Ap- and Abuse Reporting System) Database and Reports plication Period During a Leap Year 05/06/15 - 15TA/DC020 2014-15 Home Energy Assistance Program 11/24/15 - 15TA/DC052 Changes to the LDSS-760 “Bank Inquiry (HEAP) Revised Program Allocations (UPSTATE ONLY) and Clearance Report Agency Completed” 05/06/15 - 15TA/DC019 FFY 2015 Supplemental Nutrition Assis- 11/19/15 - 15TA/DC051 Unlinked Casekeys and On Hold/Deleted tance Program (SNAP) Process and Technology Improvement Grants SNAP and Cash Payments on EBT 05/05/15 - 15TA/DC018 Removal of Gender Field from Common 11/13/15 - 15TA/DC050 Electronic Disqualified Recipient System Benefit Identification Card (CBIC) (eDRS) 04/23/15 - 15TA/DC017 Clarification of Affixed SSDs Represent- 11/12/15 - 15TA/DC049 2015-16 HEAP NYS Office of State ative’s Signature on Interim Assistance Reimbursement Authoriza- Comptroller (OSC) Payment File Transfer Schedule (UPSTATE tions ONLY) 04/02/15 - 15TA/DC016 No-Heat Referrals to NYSERDA Em- 11/09/15 - 15TA/DC048 Processing Temporary Assistance (TA) Power Program Requests for Energy Emergencies 03/26/15 - 15TA/DC015 Statewide Financial System Blackout Pe- 11/04/15 - 15TA/DC047 Re-issuance of 15-ADM-06 (15-ADM- riod - HEAP Implications 06-T) Temporary Housing Assistance Consolidation and Clarification 03/26/15 - 15TA/DC014 2014-15 Home Energy Assistance Program of Policy Regular and Emergency Benefit Components Closing Date

70 NYS Register/January 24, 2018 Guidance Documents

03/24/15 - 15TA/DC013 2015-16 Income Guidelines for Emer- 15-01 New FHIS Agency Nursing Home Eligibility Division gency Safety Net Assistance (ESNA) and Emergency Assistance to (NHED) Needy Families with Children (EAF) 2014 03/12/15 - 15TA/DC012 Calculation of Utility Arrears When TA, ADMs HEAP and/or Customer Payments Have Been Made D 14-ADM-07 State Administration of SSI State Supplement 03/11/15 - 15TA/DC011 Additional Home Energy Assistance Program (SSP) Program (HEAP) Administrative Funding D 14-ADM-06 Supplemental Nutrition Assistance Program (SNAP) 03/06/15 - 15TA/DC010 2014-15 Home Energy Assistance Program Conciliation with Option to Avoid a SNAP Work Sanction through (HEAP) – Second Emergency Benefit and Revised Closing Dates Demonstrated Compliance 03/05/15 - 15TA/DC009 Important Notification about April SSP D 14-ADM-05-T Automated Information Exchange Agreement be- Payments tween OTDA, OCFS, DOH and DOL-Unemployment Insurance Ben- 03/05/15 - 15TA/DC008 New Haitian Family Reunification Parole efit Information (HFRP) for SNAP Benefits D 14-ADM-05 Automated Information Exchange Agreement be- 02/24/15 - 15TA/DC007 Third-party Application (App) for Android tween OTDA, OCFS, DOH and DOL-Unemployment Insurance Ben- phones offering free EBT balance information efit Information 02/24/15 - 15TA/DC006 SNAP Closing Reason Code “M12” (UP- D 14-ADM-04 Employment and Resource Exemption Changes au- STATE ONLY) thorized by Chapter 58 of the Laws of 2014 02/24/15 - 15TA/DC005 200% of Poverty Income Standards Chart- D 14-ADM-03 2014-15 Flexible Fund for Family Services (FFFS) June 1, 2015 through May 31, 2016 D 14-ADM-02 The Use, Capture and Reporting of SSD’s Represe- 02/06/15 - 15TA/DC004 Additional Update on SNAP Applications ntative’s Signature on Interim Assistance Reimbursement (IAR) Au- submitted through Intuit (Turbo Tax) thorizations 02/03/15 - 15TA/DC003 Update on SNAP Applications submitted D 14-ADM-01 Temporary Assistance Budgeting: 2014 Earned through Intuit (Turbo Tax) Income Disregard and Poverty Level Test 01/21/15 - 15TA/DC002 SNAP Applications submitted through LCMs Intuit (Turbo Tax) D 14-LCM-15 Use and Protection of Confidential, Private, Personal, 01/07/15 - 15TA/DC001 Home Energy Assistance Program (HEAP) and/or Sensitive Information Heating Equipment Repair and Replacement Closing Date D 14-LCM-14-T 2014-15 Home Energy Assistance Program ─ DCLs (Child Support) Administrative Allocations and Program Allocations D 12/22/15 Biennial Accounting of Recoveries for Real Property D 14-LCM-13 2014-2015 Home Energy Assistance Program Liens (HEAP) D 11/5/15 Chapter 387 of the Laws of 2015: Alimony or Spousal D 14-LCM-12-T Claiming Deadlines for Federal and State Reim- Support, Parental Income and Child Support Obligations bursement D 10/19/15 Banking Services Contract Extension D 14-LCM-11 2014-2015 Home Energy Assistance Program D 10/8/15 15-ADM-07 Arrears Pilot Initiative to Improve Child (HEAP) – Early Mail Out Process and Administrative Allocations Support Compliance D 14-LCM-10 Supplemental Nutrition Assistance Program Employ- D 10/7/15 Amendment to Social Services Law § 111-i and Adoption ment and Training Allocations – FFY 2014 of the 2008 Amendments to the Uniform Interstate Family Support D 14-LCM-09 Supplemental Nutrition Assistance Program Employ- Act ment and Training (SNAP E&T) Dependent Care Requests for FFY D 10/2/15 Revisions to the Direct Deposit Enrollment Form and 2014 Direct Deposit Cancellation Form D 14-LCM-08 Quarterly Fraud Report D 9/15/15 Change to Noncustodial Parent Medical Execution Cover D 14-LCM-07 New York State Summer Youth Employment Program Notice Allocations D 8/24/15 Statewide Arrears Pilot Program—Solicitation of District D 14-LCM-06 Submission of TANF Claims/FFFS Plans Participation D D 14-LCM-05 Child Support Incentives - Federal Fiscal Years 2012 7/29/15 Federal Interstate Case Reconciliation Data Match and 2014 D 7/16/15 Department of Motor Vehicles License Suspension Law D 14-LCM-04 Flexible Fund for Family Services (FFFS) 2014-2015 Extended Allocations and Child Welfare Services Thresholds D 6/24/15 Process Year 2016 Tax Refund Offset DCO Values D 14-LCM-03 2013-2014 Home Energy Assistance Program D 6/8/15 Lottery Prize Intercept Process Changes (HEAP) Cooling Assistance Component (CAC) D 6/1/15 Change in New York State Child Support Processing D 14-LCM-02 WMS Audit Tool Center Project Directors D 14-LCM-01 Eligibility Determination and Claiming of EAF Ben- D 6/1/15 Implementation of the Revised Federal Income Withhold- efits ing Order/Notice for Support INFs D 5/15/15 Account Documents for a Court Proceeding Scheduled in D 14-INF-16 Notice of Pending SNAP Application Another County D D 14-INF-15 State Minimum Wage Increase and Its Effect on 4/16/15 Changes to Non-IV-D Services Temporary Assistance (TA) and Supplemental Nutrition Assistance D 3/23/15 Increase in Volume of Cost of Living Adjustments for (SNAP) Programs March 2015 D 14-INF-13 Transportation Guidance D 2/27/15 Updated Child Support Guidelines Figures and Publica- D 14-INF-12 Social Security Administration (SSA) Cost-of-Living tion of the Child Support Standards Chart Adjustment (COLA) for January 2015 and updated SSI and SSP Ben- D 1/23/15 Batch Type 65 Processing efit Levels Chart D 1/22/15 Chapter 466 of the Laws of 2014: Combined Parental D 14-INF-11 Social Services District Monitoring Responsibilities Income for Access To and Usage of Unemployment Information OAH PROCEDURES TRANSMITTALS D 14-INF-10 The Treatment of Veterans Aid and Attendance (VA 15-02 Instructions Regarding 15 ADM-06T AA) benefits for SNAP

71 Guidance Documents NYS Register/January 24, 2018

D 14-INF-09-T Cost Avoidance Calculations for Program Integrity 08/01/14 14TA/DC029 State Supplement Program (SSP) Transition Initiatives Letter Mail Out D 14-INF-08 Summer Food Service Program (SFSP) 08/01/14 14TA/DC028 2014-15 Home Energy Assistance Program D 14-INF-06 Temporary Assistance Questions and Answers TA/SNAP Pre-Autopay Vendor Information Reports (UPSTATE D 14-INF-05 Resource File Integration (RFI) Policy and Procedures ONLY) D 14-INF-04 Change in Internal Revenue Service Mileage Rates 07/25/14 14TA/DC027 Changes to the Services Provided by Social Security Offices D 14-INF-02 Digest of Laws of 2013 Relating to Programs of the Office of Temporary and Disability Assistance 07/23/14 14TA/DC026 National Grid System Maintenance D 14-INF-01 Revision to LDSS 4418 Acknowledgement of Paternity 07/09/14 14TA/DC025 Transition of State Supplemental Personal Form Needs Allowance (SSPNA) Benefits to Direct Deposit GIS Messages 06/26/14 14TA/DC024 Home Energy Assistance Program (HEAP) Benefit Cooling Assistance Component (CAC) Tracking Log (UP- 12/23/14 - 14TA/DC056 SSI COLA and NYSNIP Standard Benefit STATE ONLY) Amount Adjustments (UPSTATE ONLY) 12/23/14 - 14TA/DC055 SSI COLA and NYSNIP Standard Benefit 06/19/14 14TA/DC022 Disability Accommodation Indicator Amount Adjustments (NYC ONLY) 06/19/14 14TA/DC021 Closing of the 2013-2014 Home Energy As- 12/23/14 - 14TA/DC054 Home Energy Assistance Program Emer- sistance Program Cooling Assistance Component gency Benefit Component Opening 06/11/14 14TA/DC020 2014-2015 Home Energy Assistance Pro- 12/16/14 - 14TA/DC053 Home Energy Assistance Program (HEAP) gram (HEAP) TA/SNAP Pre-Autopay Vendor Information Reports and Temporary Assistance (TA) Implications of the 2014-15 Utility (UPSTATE ONLY) Termination Moratorium Schedule for New York State Public Service 06/02/14 14TA/DC019 LDSS-5041: “Lien Acknowledgement” Commission (PSC) Regulated and Municipal Utility Companies Form 11/26/14 - 14TA/DC052 State On-Line Query (SOLQ) System 05/21/14 14TA/DC018 SNAP Budgeting Shelter Expense of Expansion and Changes Mortgage Costs when in Foreclosure 11/21/14 - 14TA/DC051 Addressing Emergency Needs Resulting 05/15/14 14TA/DC017 Home Energy Assistance Program (HEAP) from Impact of Western New York Winter Storms (UPSTATE ONLY) Pending Reports (UPSTATE ONLY) 11/20/14 - 14TA/DC050 SDX Transmission Error (UPSTATE 05/14/14 14TA/DC016 No-Heat Referrals to NYSERDA EmPower ONLY) 04/08/14 14TA/DC015 2014 Emergency Program Income Guide- 11/10/14 14TA/DC049 2014-15 HEAP NYS Office of State Comp- lines for Emergency Safety Net Assistance (ESNA) and Emergency troller (OSC) Payment File Transfer Schedule (UPSTATE ONLY) Assistance to Needy Families with Children (EAF) 11/07/14 14TA/DC048 Processing Temporary Assistance (TA) Requests for Energy Emergencies 04/03/14 14TA/DC014 200% of Poverty Income Standards Chart - June 1, 2014 through May 31, 2015 10/21/14 14TA/DC047 Release of Revised Version of the LDSS- 5004 “EBT How to Use Your Benefit Card to Get Supplemental Nutri- 04/01/14 14TA/DC013 FFY 2014 Supplemental Nutrition Assis- tion Assistance Program (SNAP) and/or Cash Benefits tance Program (SNAP) Process and Technology Improvement Grants 10/21/14 14TA/DC046 Release of Two New LDSS E-Forms for 03/21/14 14TA/DC012 Additional SAVE Telephone Conference Electronic Benefits Transfer (EBT) and Information on Training (UPSTATE ONLY) 10/20/14 14TA/DC045 2014-15 HEAP NYS Office of State Comp- 03/19/14 14TA/DC011 Farm Bill Changes to SNAP Standard Util- troller Voucher File Schedule (UPSTATE ONLY) ity Allowance (SUA) Policy 10/20/14 14TA/DC044 Treatment of Family Tax Relief & Property 03/14/14 14TA/DC010 Supplemental HEAP Payments (UPSTATE Tax Relief Credits: TA, SNAP and HEAP Policy Implications ONLY) 10/15/14 14TA/DC043 SFARS (Specialized Fraud and Abuse 03/11/14 14TA/DC009 Additional Home Energy Assistance Pro- Reporting System) Limited Availability Since EBT Contractor Transi- gram (HEAP) Administrative Funding tion 03/06/14 14TA/DC008 Closing Dates for the 2013-14 Home Energy 10/15/14 14TA/DC042 Increase in the UIB Minimum and Maxi- Assistance Program (HEAP) Regular and Emergency Components mum Benefits 02/28/14 14TA/DC007 SAVE Telephone Conference and Informa- 10/02/14 14TA/DC041 Excessive Replacement Card Letter to Cli- tion on Training (UPSTATE ONLY) ents 02/20/14 14TA/DC006 Electronic Benefit Transfer System Conver- 09/30/14 14TA/DC040 State Takeover of the SSI State Supplement sion Program (SSP) 02/19/14 14TA/DC005 Home Energy Assistance Program (HEAP) 09/26/14 14TA/DC039 Direct Deposit Banking Information for Benefit Pending Reports SSP Recipients 02/03/14 14TA/DC004 SAVE Telephone Conference (UPSTATE 09/26/14 14TA/DC038 Changes to SNAP Resource Limits ONLY) 09/18/14 14TA/DC037 Update on Client Electronic Benefit Transfer 01/30/14 14TA/DC003 2013-14 Home Energy Assistance Program (EBT) System Conversion Activities Regular Component 09/10/14 14TA/DC036 State Supplement Program (SSP) Updates 01/29/14 14TA/DC002 Home Energy Assistance Program (HEAP) 09/03/14 14TA/DC035 Update on Client Electronic Benefits Heating Equipment Repair and Replacement Closing Date Transfer (EBT) System Conversion Activities 01/06/14 14TA/DC001 Updated HEAP Brochure PUB-4735 and 09/02/14 14TA/DC034 SNAP Disaster Plan Local Contacts HEAP Poster PUB-5007 08/29/14 14TA/DC033 Upstate and NYC-Updated Supplemental DCLs (Child Support) Nutrition Assistance Program (SNAP) Standards for October, 2014 D 12/17/2014 Chapter 373 of the Laws of 2014 (Discontinued AS- 08/29/14 14TA/DC032 Restrictions on EBT Cash Transactions at SETS templates) Specified Locations D 06/27/2014 Process Year 2015 Tax Refund Offset DCO Values 08/15/14 14TA/DC031 National Grid Fax Outage Resolved (UP- D 06/20/2014 Revised Wage and Health Benefits Report STATE ONLY) D 05/02/2014 Revisions to Lien Documents Used in the Enforce- 08/14/14 14TA/DC030 National Grid Fax Outage (UPSTATE ment of Support Obligations and the Personal Injury Claims Enforce- ONLY) ment Process

72 NYS Register/January 24, 2018 Guidance Documents

D 04/30/2014 Driver License Suspension Process—Systems Fixer D 13-INF-05 Mandatory Supplemental Nutrition Assistance Pro- to Update Aged DMV Indicators of U01 for Resubmission gram (SNAP) Right to File Poster-LDSS-4995 D 04/25/2014 New COLD Report for CSENet Annual Notice of D 13-INF-04 Summer Food Service Program Overdue Support D 13-INF-03 CBIC Photos for NTA-SNAP Cardholders D 03/12/2014 Updated Child Support Guidelines Figures for 2014 D 13-INF-02 Revisions to the LDSS 4310 “Periodic Report” and and Publication of the Child Support Standards Chart the LDSS 4310A “Follow-up to the Periodic Report” D 03/06/2014 Information from the Department of Health about NY D 13-INF-01 Changes in the Earned Income Tax Credit (EITC) and State of Health Notices provide SSDs a summary of other available federal and state tax D 02/18/2014 Accessing eMedNY for Medicaid Eligibility Status credits for Tax Year 2012 D 02/04/2014 Planned Data Collection Activities on ASSETS and GIS Messages the Child Support Website 12/30/13 13TA/DC056 Expiration of the Emergency Unemploy- OAH PROCEDURES TRANSMITTALS ment Compensation (EUC) Program 14-002 Outcome Reason Codes 12/27/13 13TA/DC055 Home Energy Assistance Program Emer- 2013 gency Benefit Component Opening ADMs 12/27/13 13TA/DC054 SSI COLA and NYSNIP Standard Benefit D 13-ADM-07 Systematic Alien Verification for Entitlements Amount Adjustments (NYC ONLY) (SAVE) Program 12/26/13 13TA/DC054 SSI COLA and NYSNIP Standard Benefit D 13-ADM-06 NYSERDA On-Bill Recovery (OBR) Financing Amount Adjustments (UPSTATE ONLY) D 13-ADM-05 2013-14 Flexible Fund for Family Services (FFFS) 12/17/13 13TA/DC053 Home Energy Assistance Program (HEAP) D and Temporary Assistance (TA) Implications of the 2013-14 Utility 13-ADM-04 SNAP Reactivation Waiver Termination Moratorium Schedule for New York State Public Service D 13-ADM-03 Temporary Assistance Budgeting: 2013 Changes to Commission (PSC) Regulated and Municipal Utility Companies the Earned Income Disregard and Poverty Level Test 12/17/13 13TA/DC052 Social Services District Responsibility for D 13-ADM-02 Temporary Assistance and Supplemental Nutrition Updating Specific Information, including Out of District/State Assistance Program Policy: The Treatment of Tax Refunds and Credits inquires, found on the OTDA Intranet and CentraPort D 13-ADM-01 Automated Case Closure and Closure of Administra- 12/05/13 13TA/DC051 Home Energy Assistance Program (HEAP) tive Cases Payment Information (UPSTATE ONLY) LCMs 12/05/13 13TA/DC050 National Grid System Maintenance (UP- D 13-LCM-16 2013-14 Home Energy Assistance Program– STATE ONLY) Administrative Allocations and Program Allocations 11/15/13 13TA/DC049 Home Energy Assistance Program (HEAP) D 13-LCM-15 Document Packet for Fair Hearings Related to Manual Interim Assistance Reimbursement (IAR) 11/14/13 13TA/DC048 Issuance of One-Time Supplemental Nutri- D 13-LCM-14 2013-14 Home Energy Assistance Program tion Assistance Program (SNAP) Benefit resulting from the Richard C. v. Berlin Settlement Agreement D 13-LCM-12 2014-2015 Biennial Temporary Assistance and 11/14/13 13TA/DC047 State On-Line Query (SOLQ) System Supplemental Nutrition Assistance Program (SNAP) Employment Changes Plan D 11/04/13 13TA/DC046 Supportive Services for Veteran Families 13-LCM-11 2013-14 Home Energy Assistance Program-Early Program Mail Out Process and Administrative Allocations 10/25/13 13TA/DC045 Release of Revised Version of the Previous D 13-LCM-10 Supplemental Nutrition Assistance Program Employ- PUB-4792 ‘‘Will You Receive Food Stamp Benefits after Cash Assis- ment and Training Allocations-FFY 2013 tance Ends?’’ D 13-LCM-09 Revisions to LDSS-2859, Information Transmittal 10/24/13 13TA/DC044 Release of Revised LDSS-4943 ‘‘Supple- D 13-LCM-08 Supplemental Nutrition Assistance Program Employ- mental Nutrition Assistance Program (SNAP) Benefits Categorical ment and Training (SNAP E&T) Dependent Care Requests for FFY Eligibility Desk-Aid’’ 2013 10/24/13 13TA/DC043 Clarification of SNAP Policies Regarding D 13-LCM-07 Reporting Requirements under the Federal Funding Homeless Including Homeless Youth Accountability and Transparency Act of 2006 (FFATA) 10/21/13 13TA/DC042 Food/Non-Food Guidelines for the ‘‘Finan- D 13-LCM-06 Supplemental Nutrition Assistance Program (SNAP) cial Statement’’ (LDSS-3596) for Utility Assistance Civil/Human Rights Complaint 10/18/13 13TA/DC041 End of Federal Government Shutdown D 13-LCM-05 Claiming Deadlines for Federal and State Reimburse- 10/07/13 13TA/DC040 Federal Government Shutdown - Granting ment Good Cause for Inability to Apply for Social Security Card(s) D 13-LCM-04 Child Support Incentives-Federal Fiscal Years 2011 10/07/13 13TA/DC039 New York State Energy Research and and 2013 Development Authority’s EmPower New York Assistance for Sum- D 13-LCM-03 Submission of TANF Claims/FFFS Plans mer 2013 Flooding and Superstorm Sandy D 13-LCM-02 2013 TANF Summer Youth Employment Program 10/03/13 13TA/DC038 November 1, 2013 Expiration of Federal Allocations American Recovery and Reinvestment Act (ARRA) Temporary D 13-LCM-01 2012-2013 Home Energy Assistance Program Increase to SNAP Benefits (HEAP) Cooling Assistance Component 09/30/13 13TA/DC037 Impact on OTDA Programs of Potential INFs Federal Government Shutdown D 13-INF-08 State Minimum Wage Increase and Its Effect on 09/23/13 13TA/DC036 Change in Form Number for PUB-4596 Temporary Assistance (TA) and Supplemental Nutrition Assistance ‘‘EBT How to Use Your Benefit Card to Get SNAP and/or Cash Program (SNAP) Benefits’’ to LDSS-5004 D 13-INF-07 Social Security Administration (SSA) Cost-of-Living 09/23/13 13TA/DC035 Calculation of Utility Arrears Adjustment (COLA) for January 2014 – SSI Benefit Levels Chart 09/13/13 13TA/DC034 CBIC Vault Card Ordering Process (UP- D 13-INF-06 Changes in the Earned Income Tax Credit (EITC) and STATE ONLY) Summary of Other Available Federal and State Tax Credits for Tax 09/11/13 13TA/DC033 Protocols for HEAP Alternate Certifiers and Year 2013 myWorkspace Access for Alternate Certifiers (UPSTATE ONLY)

73 Guidance Documents NYS Register/January 24, 2018

08/27/13 13TA/DC032 Release of Revised LDSS-548 ‘‘Budget 01/29/13 13TA/DC003 Home Energy Assistance Program (HEAP) Worksheet - Temporary Assistance’’ Benefit Processing and Pending Applications Reporting 08/20/13 13TA/DC031 Upstate and NYC Updated Supplemental 01/24/13 13TA/DC002 Disabling Welfare Management System Nutrition Assistance Program (SNAP) Standards for October 2013 (WMS) Temporary Assistance (TA) Case Reason Code ‘‘M40’’ 08/19/13 13TA/DC030 Excessive Replacement Card Letter to Cli- 01/02/13 13TA/DC001 SSI COLA and NYSNIP Standard Benefit ents Amounts (UPSTATE ONLY) 07/08/13 13TA/DC029 Temporary Assistance (TA) and Supplemen- 01/02/13 13TA/DC001 SSI COLA and NYSNIP Standard Benefit tal Nutrition Assistance Program (SNAP) Computer Matches: Incar- Amounts (NYC ONLY) cerated Clients DCLs (Child Support) 07/08/13 13TA/DC028 Extension to Deadline Reporting Loss of D 12/19/2013 Affordable Care Act and Department of Health (DOH) Food Purchased with SNAP Benefits Due to June 2013 Flooding (UP- Takeover of Medicaid STATE ONLY) D 12/04/2013 Time Limits for Vacating an Acknowledgment of 07/02/13 13TA/DC027 Addressing Emergency Needs Resulting Paternity from Recent Flooding (UPSTATE ONLY) D 11/06/2013 Instructions for Review of Federal Tax Offset Cor- 07/01/13 13TA/DC026 Implementation of the myBenefits/ rected Social Security Number (SSN) Report and Federal Tax Offset myWorkspace Home Energy Assistance Program (HEAP) Application Process Changes Process D 08/02/2013 Revisions to DMV and DTF Important Notices Sent 06/24/13 13TA/DC025 Home Energy Assistance Program (HEAP) Benefit Cooling Assistance Component (CAC) Tracking Log to Noncustodial Parents D 06/21/13 13TA/DC024 SNAP Disaster Plan Local Contacts 07/16/2013 Extension of DMV License Suspension Laws D 06/20/13 13TA/DC023 National Grid System Maintenance (UP- 03/21/2013 Federal Case Registry Reconciliation STATE ONLY) D 03/11/2013 Electronic Communications System Enhancements 06/07/13 13TA/DC022 2013-2014 Home Energy Assistance Pro- OAH PROCEDURES TRANSMITTALS gram (HEAP) TA/SNAP Pre- Autopay Request for Vendor Informa- 13-03 Mailing Evidence Packet for Telephone Hearings tion (UPSTATE ONLY) 13-02 Waiver of Personal Appearance Instructions for Agencies 06/05/13 13TA/DC021 Closing of the 2012-2013 Home Energy As- sistance Program (HEAP) Cooling Assistance Component (CAC) 13-01b Fishman Default Letter 16 Spanish Language 05/24/13 13TA/DC020 Home Energy Assistance Program (HEAP) 13-01a Fishman Default Letter 16 Benefit Pending Reports (UPSTATE ONLY) 13-01 Fishman v. Daines Litigation procedures [FISHMAN 04/29/13 13TA/DC019 Required Posting of Notices COURT ORDER VACATED SEPT. 2013] 04/29/13 13TA/DC018 Expiration of Waiver to Allow Purchase of 13-002 Waiver Packet Address Change CORRECTED Hot and Prepared Foods with SNAP Benefits at Authorized FNS 2012 Retailers ADMs 04/12/13 13TA/DC017 State On Line Query (SOLQ) System D 12-ADM-08 Elimination of Finger Imaging Requirements for 04/09/13 13TA/DC016 Reporting Applications for the 2012-2013 Purposes of the Supplemental Nutrition Assistance Program (SNAP) Home Energy Assistance Program (HEAP) Cooling Assistance D 12-ADM-07 Supplemental Nutrition Assistance Program Component (CAC) (SNAP)-New Name for the Food Stamp Program 04/03/13 13TA/DC015 FFY2013 Supplemental Nutrition Assis- D 12-ADM-06 2012-13 Flexible Fund for Family Services (FFFS) tance Program (SNAP) Technology Improvement Grants D 12-ADM-05 2012 Temporary Assistance Basic Allowance In- 04/01/13 13TA/DC014 Fourth Extension of Timeframe for Allow- crease ing SNAP Purchases of Hot and Prepared Foods at Authorized FNS D Retailers in New York City and in Nassau and Suffolk Counties 12-ADM-04 New York State Parolees and Temporary Assistance/ Temporary Housing Assistance District of Fiscal Responsibility (DFR) 03/28/13 13TA/DC013 2013 Emergency Program Income Guide- Policy lines for Emergency Safety Net Assistance (ESNA) and Emergency D Assistance to Needy Families with Children (EAF) 12-ADM-03 Information about Child Support Services and Application/Referral for Child Support Enforcement Services (LDSS- 03/20/13 13TA/DC012 200% Poverty Income Standards Chart - 4882) June 1, 2013 through May 31, 2014 D 12-ADM-02 Temporary Assistance Budgeting: 2012 Changes to 03/11/13 13TA/DC011 Notice to Individuals Currently Serving the Earned Income Disregard and Poverty Level Test Supplemental Nutrition Assistance Program Employment and Train- D ing (SNAP E&T) Sanctions 12-ADM-01 Requirement to Make Information Available to Non- Parent Caregivers relating to Available Services and Assistance Pro- 03/11/13 13TA/DC010 Expanded Online Access to Social Security grams Administration Information LCMs 03/01/13 13TA/DC009 Fourth Extension of Timeframe for Allow- D ing SNAP Purchases of Hot and Prepared Foods at Authorized FNS 12-LCM-14 Claiming Deadlines for Federal and State Reimburse- Retailers in New York City and in Nassau and Suffolk Counties ment D 02/28/13 13TA/DC008 Home Energy Assistance Program (HEAP) 12-LCM-13 Results of the Federal Fiscal Year 2011 Data Reli- Regular and Emergency Component Closing Date ability Audit and Procedures to Prevent Deficiencies D 02/13/13 13TA/DC007 Additional Information on the Home Energy 12-LCM-12 2012-13 Home Program Summary Assistance Program (HEAP) D 12-LCM-11 Transportation Initiative 01/31/13 13TA/DC006 Third Extension of Timeframe for Allowing D 12-LCM-10 2012-13 Home Energy Assistance Program- SNAP Purchase of Hot and Prepared Foods at Authorized FNS Retail- Administrative Allocations and Program Allocations ers in New York City and in Nassau and Suffolk D 12-LCM-09 Supplemental 100% SNAP Employment and Train- 01/31/13 13TA/DC005 Ending the Duration of Current Supplemen- ing Allocations –FFY 2012 tal Nutrition Assistance Program Employment and Training (SNAP D 12-LCM-08 2012-13 Home Energy Assistance Program-Early E&T) Sanctions Outreach Process and Administrative Allocations 01/29/13 13TA/DC004 Home Energy Assistance Program (HEAP) D 12-LCM-07 Food Stamp Employment and Training Allocations- Heating Equipment Repair and Replacement Component Closing Date FFY 2012

74 NYS Register/January 24, 2018 Guidance Documents

D 12-LCM-06 Continuation of OTDA Contract with Medical 11/26/12 12TA/DC033 Extension of Timeframe for Allowing SNAP Providers for Consultative Medical and Psychological Examinations Purchase of Hot and Prepared Foods at Authorized FNS Retailers in and Intelligence Assessments Counties Impacted by Hurricane Sandy D 12-LCM-05 Submission of TANF Claims/FFFS Plans 11/20/12 12TA/DC032 Processing Temporary Assistance (TA) D 12-LCM-04 Child Support Incentives-Federal Fiscals Years 2010 Requests for Energy Emergencies and 2012 11/16/12 12TA/DC031 Exemption of Disaster Unemployment In- D 12-LCM-03 2012 Summer Youth Employment Program Alloca- surance (DUA) tions 11/16/12 12TA/DC030 Restored EBT Availability D 12-LCM-02 Use of Food Stamp Employment and Training 11/16/12 12TA/DC029 Availability of Emergency Manual Vouch- (FSET) Funds for Dependent Care Expenses ers for SNAP During Continued Outage of EBT D 12-LCM-01 Claiming Deadlines for Federal and State Reimburse- 11/16/12 12TA/DC028 Availability of EBT ment 11/15/12 12TA/DC027 NY Youth Works Program TA Budgeting/ INFs Eligibility Implications and Reporting Requirements D 12-INF-17 Social Security Administration (SSA) Cost-of-Living 11/14/12 12TA/DC026 Temporary Assistance Programs for Emer- Adjustment (COLA) for January 2013 – SSI Benefit Levels Chart gencies Resulting from Superstorm Sandy D 12-INF-16 Digest of Laws of 2012 Relating to Programs of the 11/13/12 12TA/DC025 Extension of Certification Periods for SNAP Office of Temporary and Disability Assistance and TA Households Impacted by Hurricane Sandy (UPSTATE ONLY D 12-INF-15 Revision to LDSS-4887 Mail-in Recert/Eligibility FOR SELECTED COUNTIES) Questionnaire 11/09/12 12TA/DC025 Extension of Certification Periods for SNAP D 12-INF-14 Supplemental Nutrition Assistance Program Policy- and TA Households Impacted by Hurricane Sandy (NYC ONLY Student Eligibility (Replaces 11-INF-06) 11/06/12 12TA/DC024 Waiver Approval to Allow SNAP Purchase D 12-INF-13 Guidance on Use of Enhanced WMS Cross-System of Hot and Prepared Foods at Authorized FNA Retailers in the follow- Clearance Process and New Statewide Clearance Report ing areas affected by Hurricane Sandy: New York City, and the coun- D 12-INF-12 PUB-4916 (Rev. 12/11): Helping Hands for People in ties of Nassau, Orange, Putnam, Rockland, Sullivan, Suffolk, and Need Brochure (No Longer Required) Westchester D 12-INF-11 Availability of New Forms LDSS-4882 (7/12): Infor- 11/06/12 12TA/DC023 Mass Authorization for Replacement of 50% mation about Child Support Services and Application/Referral for SNAP October Benefits (UPSTATE ONLY) Child Support Services; LDSS-4882A (7/12): Information about Child 11/06/12 12TA/DC023 Mass Authorization for Replacement of 50% Support Services; LDSS-4882B (7/12): Information for an Additional SNAP October Benefits (NYC ONLY) Noncustodial Parent (NCP)/Putative Father (PF); and LDSS-4882C 11/02/12 12TA/DC022 Extension to Deadline for Reporting Loss (7/12): Information for an Additional Child of Food Purchased with SNAP Benefits due to Hurricane Sandy (UP- D 12-INF-10 Internal Revenue Service Mileage Reimbursement STATE ONLY) Rate 11/02/12 12TA/DC022 Extension to Deadline for Reporting Loss D 12-INF-09 Summer Food Service Program of Food Purchased with SNAP Benefits due to Hurricane Sandy (NYC D 12-INF-08 The Treatment of Subsidized Employment as Earned ONLY) Income for the Food Stamp Program 10/29/12 12TA/DC021 Disaster Preparedness for Hurricane Sandy D 12-INF-07 Revised LDSS-4403: ‘‘Determination of Eligibility 10/01/12 12TA/DC020 Income Eligibility Verification System for Emergency Assistance to Families (EAF)’’ (IEVS) 1099 Processing - Revised Procedure and IEVS Contact List D 12-INF-06 Food Stamp Program Clarification of required 09/07/12 12TA/DC019 Participation of 18-21 Year Olds in NYSNIP Documentation/Verification 08/22/12 12TA/DC018 Upstate - Updated Supplemental Nutrition D 12-INF-05 Clarification of Food Stamp Policy for Claims Estab- Assistance Program (SNAP) Standards for October 1, 2012 (UP- lished as a Result of a Court Ordered Restitution & Revision of FS STATE ONLY) Recoupment Data Entry Form-WMS LDSS-3513 NYC 08/22/12 12TA/DC018 NYC - Updated Supplemental Nutrition As- D 12-INF-03 Temporary Assistance (TA) and Medicaid (MA) sistance Program (SNAP) Standards for October 1, 2012 (NYC Benefits for Infants Residing With Their Incarcerated Mothers ONLY) D 12-INF-02 Earned Income Tax Credit (EITC) and Other Tax 08/08/12 12TA/DC017 National Grid Program ‘‘Advocates in Ac- Credits and Information for Tax Year 2011 tion’’ D 12-INF-01 Lottery Intercept Match (LIM) for Temporary Assis- 07/31/12 12TA/DC016 New York State Fresh/Connect Program for tance Recipients Supplemental Nutrition Assistance Program (SNAP) recipients GIS Messages 07/24/12 12TA/DC015 District Contact for Out of District/State In- 12/31/12 12TA/DC040 HEAP Initial and Ongoing Daily Mass Au- quiries thorization Process (UPSTATE ONLY) 07/10/12 12TA/DC014 Food Stamps Disaster Plan Local Contacts 12/28/12 12TA/DC039 Opening of the 2012-13 HEAP Emergency 07/03/12 12TA/DC013 Release of Updated LDSS-2642 ‘‘Docu- Benefit Component mentation Requirements’’ Form 12/21/12 12TA/DC038 Second Extension of Timeframe for Allow- 06/21/12 12TA/DC012 Distribution of Informational Booklets: ing SNAP Purchase of Hot and Prepared Foods at Authorized FNS LDSS-4148A, LDSS-4148B, and LDSS-4148C Retailers in Counties Impacted by Hurricane Sandy 06/15/12 12TA/DC011 Finger-Imaging Requirements in the Food 12/19/12 12TA/DC037 Correction to the LDSS-4887: ‘‘Mail-In Stamp Program Recert/Eligibility Questionnaire’’ 05/23/12 12TA/DC010 Social Services District Responsibility for 12/13/12 12TA/DC036 HEAP and TA Implications for the 2012-13 Updating District Specific Information found on the OTDA Intranet Utility Termination Schedule for NYS PSC Regulated and Municipal and CentraPort Utility Companies 05/10/12 12TA/DC009 Release of Updated LDSS-3151 12/04/12 12TA/DC035 Temporary Suspension of Supplemental 05/08/12 12TA/DC008 Release of Updated LDSS-3969B: ‘‘Notice Nutrition Assistance Program Employment and Training (SNAP&T) of Action on Your Application/Benefit for the Child Assistance Sanctions Program, Status of Medical, Food Stamps or Services’’ 12/03/12 12TA/DC034 2012-13 Home Energy Assistance Program 04/24/12 12TA/DC007 Loss of Food - Crisis Situations (UPSTATE (HEAP) Payment Information ONLY)

75 Guidance Documents NYS Register/January 24, 2018

03/30/12 12TA/DC006 2012 Emergency Program Income Guide- D 11-LCM-06 Food Stamp Employment and Training Allocations- lines for Emergency Safety Net Assistance (ESNA) and Emergency FFY 2011 Assistance to Needy Families With Children (EAF) D 11-LCM-05 Submission of TANF Claims/FFFS Plans 03/29/12 12TA/DC005 200% of Poverty Income Standards Chart - D 11-LCM-04 Child Support Incentives-Federal Fiscal Years 2009 June 1, 2012 through May 31, 2013 and 2011 03/15/12 12TA/DC004 NYSNIP Shelter Type 98 Standard Benefit D 11-LCM-03 2011 Summer Youth Employment Program Alloca- Amount Adjustments tions 02/07/12 12TA/DC003 Discontinuance of WRTS Production D 11-LCM-02 Local District Emergency Closings and Reporting of Reports (UPSTATE ONLY) Emergency Information 01/12/12 12TA/DC002 National Grid Upstate New York DSS Unit D 11-LCM-01 Claiming Deadlines for Federal and State Reimburse- Closure on Friday, January 20, 2012 ment 01/03/12 12TA/DC001 Food Stamp program elderly and disabled INFs household resource limit increase to $3,250 effective 10/1/11 D 11-INF-17 Digest of Laws of 2011 Relating to Programs of the DCLs (Child Support) D Office of Temporary and Disability Assistance 11/30/2012 Banking Services Update D D 11-INF-16 Introduce LDSS-4973: ‘‘Manual Child Support Pass- 11/09/2012 Zero Dollar Current Child Support Through Payment Determination Worksheet’’ D 10/17/2012 Website Security Enhancements Slide Show D 11-INF-15 Process for Requesting Temporary Assistance Recerti- D 10/17/2012 Website Security Enhancements Letter fication Waiver(s) D 08/17/2012 Banking Services Updates D 11-INF-14 Revised ‘‘Request for Voluntary Restricted Payments’’ D 07/06/2012 Property Execution Process (LDSS-4580) D 06/28/2012 2012 – 2013 Tax Refund Offset Process D 11-INF-13 Limited Revisions to the LDSS-3707, LDSS-4527, D 06/18/2012 Federal Interstate Case Reconciliation Data Match LDSS-4732A, LDSS-4732B, and LDSS-4778 D 04/10/2012 Adoption of Federal Income Withholding Notice and D 11-INF-12 Social Security Administration (SSA) Cost-of-Living Worksheet Adjustment (COLA) for January 2012-SSI Benefits Levels Chart D 04/05/2012 Enhancements to Noticing of Assigned Support Col- D 11-INF-11 Rest of State (ROS)-ABEL Initial Grant Proration lections and Disbursements D 11-INF-10 Electronic Interim Assistance Reimbursement (eIAR) D 02/14/2012 Fraudulent Internal Revenue Service Tax Returns Implementation Questions and Answers OAH PROCEDURES TRANSMITTALS D 11-INF-09 New Form LDSS-4982 (5/11): ‘‘How Do I Apply for 12-02 Change of FS to SNAP Food Stamps?’’ 12-01 Change to NYCRR 358-5.5 Abandonment of a Request for a D 11-INF-08 Revisions to Manual Client Notices Fair Hearing D 11-INF-07 District Policy Options 2011 D 11-INF-06 Food Stamp Policy-Student Eligibility ADMs D 11-INF-04 Client Benefit Identification Card (CBIC) “Vault” D 11-ADM-08 State-issued OCFS and OTDA IT Equipment Cards (Upstate Only) D 11-ADM-07 Flexible Fund for Family Services (FFFS) D 11-INF-03 Earned Income Tax Credit (EITC) and Other Tax D 11-ADM-06 New York State Employment Credits for Tax Year 2010 D D 11-ADM-05 Temporary Assistance Budgeting: Treatment of Kin- 11-INF-02 Conditional Certifications for the Work Opportunity ship Guardianship Assistance Program (KinGAP) Payments Tax Credit (WOTC) D D 11-ADM-04 Desk Reviews of the Distribution and Disbursement 11-INF-01 Revisions to LDSS-4230 (Conciliation Notification) of Support Collections GIS Messages D 11-ADM-03 Required Temporary Assistance for Needy Families 12/06/11 11TA/DC026 SSI COLA and NYSNIP Standard Benefit (TANF) Reporting Amount Adjustments (UPSTATE ONLY) D 11-ADM-02 Temporary Assistance Budgeting: 2011 Changes to 12/06/11 11TA/DC026 SSI COLA and NYSNIP Standard Benefit the earned Income Disregard and Poverty Level Test Amount Adjustments (NYC ONLY) D 11-ADM-01 Penalty for Failure to Comply with Temporary As- 11/16/11 11TA/DC025 Processing Requests for Energy Related sistance (TA) Program Requirement to Pursue Supplemental Security Emergencies Income (SSI) 09/28/11 11TA/DC024 Disaster Food Stamp Benefits Program of LCMs 2011 Questions and Answers D 11-LCM-14 2011-12 Home Energy Assistance Program (HEAP) 09/23/11 11TA/DC023 Extension of Requests for Replacement of D 11-LCM-13 Community Solutions for Transportation (CST XI) Food Stamp Benefits due to Hurricane Irene Funding 09/21/11 11TA/DC022 Instructions for LDSSs Operating a Disaster D 11-LCM-12 Supplemental 100% Food Stamp Employment and Food Stamp Benefit Program due to Hurricane Irene Training Allocations - FFY 2011 09/20/11 11TA/DC021 Requests for Replacement August Food D 11-LCM-11 Supplemental allocations for Green Jobs Corps 2 Stamp Benefits due to Hurricane Irene Program 09/09/11 11TA/DC020 Temporary Assistance Payments for Emer- D 11-LCM-10 2012-2013 Biennial Temporary Assistance and Food gencies Resulting from Hurricane Irene and Tropical Storm Lee Stamp Employment Plan 09/07/11 11TA/DC019 Requests for Replacement Food Stamp Ben- D 11-LCM-09 Supplemental Health Care Jobs 2 Program Alloca- efits tions 09/02/11 11TA/DC018 Issuing Replacement Food Stamp Benefits D 11-LCM-08 Supplemental Allocations for OTDA Transitional 08/26/11 11TA/DC017 Disaster Preparedness Jobs 2 Program 08/18/11 11TA/DC016 National Voter Registration Act (NVRA) D 11-LCM-07 2011-12 Home Energy Assistance Program-Early Responsibilities - 2011 Primary Election Mail Out Process and Administrative Allocations for Early Outreach 08/17/11 11TA/DC015 ROS - Updated Food Stamp Standards for Processing October 1, 2011 (UPSTATE ONLY)

76 NYS Register/January 24, 2018 Guidance Documents

08/17/11 11TA/DC015 NYC - Updated Food Stamp Standards for D 10-ADM-07 Provision of Temporary Housing Assistance (THA) October 1, 2011 (NYC ONLY) to Sex Offenders-Chapter 568 of the Laws of 2008 08/02/11 11TA/DC014 Use of Accurate WMS Payment Types for D 10-ADM-06 2010-11 Flexible Fund for Family Services (FFFS) Temporary Housing (UPSTATE ONLY) D 10-ADM-05-P Purchase of Service Agreements/Memorandum of 06/30/11 11TA/DC013 Social Service Responsibility for Submis- Understanding for the Child Support Program sion of Voter Registration Forms Received via Electronically Submit- D 10-ADM-04 Increase in the Pass-through and Disregard of Sup- ted Applications port Payments-Phase II 06/07/11 11TA/DC012 False or Misleading Marital Status Informa- D 10-ADM-03 Providing Temporary Assistance Applicants and tion Admission Statement Form and Food Stamp Program Intentional Recipients with Information Regarding Sexual Assault Program Violations D 10-ADM-02 Legal Services and Cost Recovery for Recipients of 05/31/11 11TA/DC011 Revisions to LDSS-4725 (TANF Services Child Support Services Certification/ Application Review Form) D 10-ADM-01 Changes to Assignment of Support Rights and Child 04/26/11 11TA/DC010 Delayed Mailing of March Periodic Reports Support Distribution in Current-Assistance Cases (LDSS-4310) INFs 04/04/11 11TA/DC009 200% of Poverty Income Standards Chart - D June 1, 2011 through May 31, 2012 10-INF-24 Digest of Laws of 2010 Relating to Programs of the Office of Temporary and Disability Assistance 03/25/11 11TA/DC008 Second HEAP Emergency Benefit for 2010-11 D 10-INF-23 Social Security Administration (SSA) Cost-of-Living 04/12/11 11TA/DC007 REISSUED - 2011 Emergency Program Adjustment (COLA) for January 2011 Income Guidelines for Emergency Safety Net Assistance (ESNA) and D 10-INF-22 Accessing Applications for Temporary Assistance Emergency Assistance to Needy Families with Children (EAF) (TA), the Food Stamp Program and to the Home Energy Assistance 03/08/11 11TA/DC006 Temporary Assistance and Food Stamp Program (HEAP) Implications of the Changes to Medicaid Citizenship Documentation D 10-INF-21 New myBenefits Poster Requirements D 10-INF-20 Obsolete LDSS-4148D New Information About 03/04/11 11TA/DC005 Redesigned I-551 Permanent Resident Card Temporary Assistance and Food Stamps (Green Card) D 10-INF-19 Home Energy Assistance Program: Elimination of 105 02/15/11 11TA/DC004 UPS Required Adjustment to Food Stamp Day Rule Standard Utility Allowance (SUA) Values (UPSTATE ONLY) D 10-INF-18 Revision to the LDSS-4884: Temporary Assistance 02/15/11 11TA/DC004 NYC Required Adjustment to Food Stamp Energy Emergencies Comparison Table Standard Utility Allowance (SUA) Values (NYC ONLY) D 10-INF-17 Revised LDSS-4958 “TA Sanction & Denial Policy/ 02/01/11 11TA/DC003 Food Stamp Disaster Plan Local Contacts Participation Rate Impact Guide” 02/01/11 11TA/DC002 The Treatment of Tax Refunds and Credits: D 10-INF-16 Revised LDSS-3152: “Action Taken on Your FS Ben- TA and FS Policy Implications of the ‘‘Tax Relief, Unemployment In- efit Case” surance Reauthorization, and Job Creation Act of 2010’’ D 10-INF-15 Temporary Assistance (TA) Policy Implications 01/26/11 11TA/DC001 Reminder on the Budgeting of Restored FS Regarding Electronic Interim Assistance Reimbursement (e-IAR) Ac- Benefits for Households with Individuals who Have Received a Ret- tivation roactive Determination of SSI Eligibility D 10-INF-14 Electronic Application and Signatures DCLs (Child Support) D 10-INF-13 Revised LDSS-4526 (Rev. 6/2010) Medical Examina- D 12/19/2011 Approved Paternity Testing Laboratories List tion for Employability Assessment, Disability Screening, and D 12/19/2011 Approved Paternity Testing Laboratories Letter Alcoholism/Drug Addiction Determination and Release of Cover Let- D ter to Accompany the Request for Medical Information Model Docu- 12/01/2011 Quarterly Wage Reporting Chart ment D 12/01/2011 Quarterly Wage Reporting of Available Dependent D 10-INF-12 Revised LDSS-3668: “Shelter Verification” Form Health Insurance D D 10-INF-11 Revised LDSS-3087 Application/Recertification 11/09/2011 Multiple Document Data Capture Instructions Guide Dog Food Program D 11/09/2011 Multiple Document Data Capture Enhancements D 10-INF-10 Temporary Assistance (TA) and Employment Program D 09/16/2011 Administrative Subpoena Forms Requirements for Individuals 18 to 21 Years Old Residing with Their D 09/07/2011 Unemployment Insurance Benefits Payment Process- Parent(s) ing D 10-INF-09 Temporary Assistance Questions and Answers D 08/31/2011 Administrative Subpoena Forms D 10-INF-08 Elevate America Program D 08/16/2011 Electronic Communication System Enhancements D 10-INF-07 LDSS-4943 (11/09): “Food Stamp Benefits Categori- D 08/11/2011 Employer Reporting of Dependent Health Insurance cal Eligibility Desk-Aid” D 08/09/2011 New FIDM Contract D 10-INF-06 Revision to the LDSS-4314: “FS Benefits Household D 07/08/2011 Tax Refund Offset Process Exclusions Composition Desk Guide” D 05/23/2011 Procedural Changes to Rejected Federal Tax Refund D 10-INF-05 Revised PUB-4716: Every Day, Seniors Just Like You Offset Collections Get Food Stamps D 03/16/2011 Court-Based License Suspension Process D 10-INF-04 Revision to PUB-4916: Helping Hands for People in D 03/10/2011 Enhancements to the Nightly Application Process Need Brochure D D 03/02/2011 Personal Information Form 10-INF-03 Revised LDSS-3938 (NYC) : “Food Stamp Applica- D tion Expedited Processing Summary Sheet” and LDSS-4921: “Work- 02/18/2011 Electronic Communication System Reject Report ing Families Food Stamp Initiative Screening Sheet” D 01/27/2011 Federal Case Registry Enhancements D 10-INF-02 Resolution of Doe v. Doar Cases on the WINR9482 OAH PROCEDURES TRANSMITTALS D 10-INF-01 Revisions to the LDSS-4148C “What You Should 11-001 Reissued Document Imaging Instructions for Agencies Know If You Have An Emergency, Questions and Answers Book- 3” 2010 (Rev.10/09) ADMs LCMs

77 Guidance Documents NYS Register/January 24, 2018

D 10-LCM-18 Funding for OTDA Transitional Jobs 2 Program 07/09/10 10TA/DC018 Amendment to Law 191 Invalidating Puerto D 10-LCM-16 OTDA Health Care Jobs Corps 2 Program Rico Birth Certificate D 10-LCM-15 OTDA Green Jobs Corps 2 Program 06/21/10 10TA/DC017 Availability of ‘‘Know Your Options: Rela- D 10-LCM-14 Supplemental 100% Food Stamp Employment and tives Caring for Children’’ Training Allocations-FFY 2010 06/18/10 10TA/DC016 Law 191 Invalidating Puerto Rican Birth D 10-LCM-13 2010-11 Home Energy Assistance Program (HEAP) Certificates Early Mail Out-Additional Administrative Funds 06/02/10 10TA/DC015 Authorization of Energy Assistance for D Emergencies for Grantees Receiving Supplemental Security Income 10-LCM-12 Food Stamp/Supplemental Nutrition Assistance (SSI) (SNAP) Administrative Funding under the Defense Bill D 06/01/10 10TA/DC014 Update on the 2010 Earned Income Disre- 10-LCM-11 State On-Line Query (SOLQ) System: Policy Guide- gard (EID) and Poverty Level Test lines, Ongoing Audit Responsibilities, and Information Security 04/14/10 10TA/DC013 Extension of Case Services 4 Program Pe- D 10-LCM-10 Flexible Fund for Family Services (FFFS) 201-2011 riod Allocations and Child Welfare Services Thresholds 03/26/10 10TA/DC012 Extension of the 2009 Emergency Program D 10-LCM-09 Submission of TANF Special Project Claims/FFFS Income Guidelines for Emergency Safety Net Assistance (ESNA) and Plans Emergency Assistance to Needy Families With Children (EAF) D 10-LCM-08 2010 TANF Summer Youth Employment Program 03/10/10 10TA/DC011 Availability of ‘‘Having a Voice and a Allocations Choice: New York State Handbook for Relatives Raising Children’’ D 10-LCM-07 Food Stamp Employment and Training Allocations- 03/05/10 10TA/DC010 The Treatment of Making Work Pay and FFY 2010 Child Tax Credits for TA, MA, and FS D 10-LCM-06 Funding for Intensive Case Services for Noncompli- 02/18/10 10TA/DC008 REVISED Treatment of 2010 Census ant Families (ICS4) Temporary Income using new Earned Income Source Code ‘75 - D 10-LCM-05 Temporary Assistance Basic Allowance Grant Census Income (PAOnly) and Exclusion of Temporary Census Income Increase-Payment to Local Districts from Food Stamp Budgeting D 10-LCM-04 Claiming Deadlines for State Reimbursement Re- 02/16/10 10TA/DC007 Treatment of 2010 Census Temporary vised Income using new Earned Income Source Code ‘75 - Census Income (PA Only) and Exclusion of Temporary Census Income from Food D 10-LCM-03 NY Connects (formerly Long Term Care Point of Stamp Budgeting Entry) Program Year 4 02/12/10 10TA/DC006 Laser-printed NTA FS Recertification Ap- D 10-LCM-02 2010 Census Promotion plications D 10-LCM-01 Child Support Incentives - Federal Fiscal Year 2008 02/12/10 10TA/DC005 Elimination of the Eight Month Time Limit (FFY2008) for Afghan and Iraqi Special Immigrants to Receive Refugee Benefits GIS Messages 02/05/10 10TA/DC004 False or Misleading Marital Status Informa- 12/17/10 10TA/DC029 Issuing Emergency Payments Using WMS tion and Food Stamp Program Intentional Program Violations Payment Type Codes 13, E8, N1 and Special Claiming Category Code 01/22/10 10TA/DC003 Reminder of Change to Medicare Part B P on Active Non-Temporary Assistance Food Stamp, Active Medicaid Premium Case or at the Time of a Temporary Assistance Application Denial (UPSTATE ONLY) 01/14/10 10TA/DC002 Extension of the Final Date for Resolution of Potentially Eligible Households for the 2009 Back-to-School One- 12/16/10 10TA/DC028 Termination of the $25 per week UIB Time Payment (UPSTATE ONLY) Supplement and FS Income Exclusion (UPSTATE ONLY) 01/08/10 10TA/DC001 Exclusion of $25 per week UIB Supplement 12/16/10 10TA/DC028 Termination of the $25 per week UIB from Food Stamp Income (UPSTATE ONLY) Supplement and FS Income Exclusion (NYC ONLY) 01/08/10 10TA/DC001 Exclusion of $25 per week UIB Supplement 12/01/10 10TA/DC027 Timeframe for Social Service Districts from Food Stamp Income (NYC ONLY) (DSSs) to Report Interim Assistance Reimbursement (IAR) on the e-IAR System DCLs (Child Support) 11/23/10 10TA/DC026 Clark v. Astrue: Temporary Assistance (TA) D 12/29/2010 Title IV-E Foster Care Case Changes in CSMS and Food Stamps (FS) Policy for Probation and Parole Violators D 10/29/2010 CSMS IVDJRH Screen 11/03/10 10TA/DC025 Processing Requests for Energy Related D 10/29/2010 CSMS IVDJCI Screen Emergencies D 10/29/2010 CSMS Medical Indicator Values Chart 10/01/10 10TA/DC024 Extension of the Validity of Puerto Rico D 10/29/2010 CSMS CSSA Module Birth Certificates D 10/29/2010 CSMS Changes and Revised Medical Support Docu- 09/23/10 10TA/DC023 Delay in the Implementation of the Elec- ments tronic Interview Assistance Reimbursement (e-IAR) Project D 10/15/2010 Noncustodial Parent Poverty-Level Pilot Summary 08/18/10 10TA/DC022 UPS - Updated - Food Stamp Standards for D 10/15/2010 Noncustodial Parent Poverty-Level Pilot October 1, 2010 (UPSTATE ONLY) D 10/13/2010 Banking Services Enhancements 08/18/10 10TA/DC022 NYC - Updated - Food Stamp Standards for D October 1, 2010 (NYC ONLY) 10/07/2010 Low Income Support Obligation Performance Im- provement Act (LISOPIA) 08/13/10 10TA/DC021 EBT Cash and Food Stamp Adjustment due D to Network Outage on July 15 and 16, 2010 09/22/2010 Child Support Services Available to Noncustodial Parents Attachment 08/05/10 10TA/DC020 Budgeting of Extended Unemployment In- D surance Benefits (UIB) and Treatment of the $25.00 Weekly Federal 09/22/2010 Child Support Services Available to Noncustodial Additional Compensation (FAC) Payments (UPSTATE ONLY) Parents D 08/05/10 10TA/DC020 Budgeting of Extended Unemployment In- 07/01/2010 Tax Refund Offset Process surance Benefits (UIB) and Treatment of the $25.00 Weekly Federal D 05/26/2010 Interstate Central Registry Document Processing Additional Compensation (FAC) Payments (NYC ONLY) D 05/04/2010 Incarcerated Noncustodial Parents DOCS Website 07/22/10 10TA/DC019 Documentation of Unemployment Insur- Lookup ance (UI) Benefits (UPSTATE ONLY) D 05/04/2010 Incarcerated Noncustodial Parents

78 NYS Register/January 24, 2018 Guidance Documents

D 03/10/2010 Childs Support Standards Act Letter D 09-INF-18 5/08 Revisions to the LDSS-4826: “Food Stamp D 02/17/2010 Purging Case History Transactions Benefits Application/Recertification” and LDSS-4826A: “How to D 01/11/2010 Tax Offset Process Changes complete the Food Stamp Benefits Application/Recertification” D 2009 09-INF-17 Addendum to the Client Information Books – LDSS- 4148D: “New Information About Temporary Assistance and Food ADMs Stamps” D 09-ADM-24 Changes to 18 NYCRR 350.4 Impacting the Safety D 09-INF-16 LDSS–4942: ‘‘Food Stamp Program Authorized Rep- Net Assistance (SNA) Application Supplement and the Recognition of resentative Request Form’’ (3/09) Same Sex Marriages D D 09-INF-15 Re-instatement of form LDSS-2640: “Request for 09-ADM-22 Food Stamp Transitional Benefit Alternative (TBA) Action/Services” for Households with Children Leaving Safety Net Assistance D D 09-INF-13 Revised LDSS-1410: Life Insurance Information 09-ADM-21 Temporary Assistance Excess Support Process and Request-Prudential and MetLife Procedures for Reviewing Cases that have Support Collections in D Excess of the Temporary Assistance Deficit 09-INF-12 Program Integrity Questions and Answers D 09-ADM-20 Employment Sanctions and the Redetermination of D 09-INF-11 Local District Security Provisions for Hearing Officers Benefits D 09-INF-10 Modifications made to the Upstate CSMS 8649: D 09-ADM-19 Changes to Assignment of Support Rights and Child “Obligation and Collection Greater Than Assistance Granted” Report Support Distribution for Recipients of Temporary Assistance and New York City CSMS 8649: “Obligation and Collection Greater D 09-ADM-18 Temporary Assistance (TA) Policy Implications of Than Assistance Granted” Report Implementation of Electronic Interim Assistance Reimbursement (e- D 09-INF-09 Revised PUB-4596: EBT Training Brochure IAR) D 09-INF-08 Distance Learning Education and Training D 09-ADM-17 Changes to the Utility Arrears Repayment Agree- D 09-INF-07 Introduce the LDSS-4958: “TA Sanction & Denial ment Terms and Enforcement Option Policy/Participation Rate Impact Guide D 09-ADM-16 Enrollments in Educational Activities for Nonex- D 09-INF-06 Revisions to the LDSS-4148B - What You Should empt Public Assistance Applicants and Recipients Know About Social Services Programs – Book 2 D 09-ADM-15 Change in the Requirement to Recover Temporary D Assistance (TA) Overpayments 09-INF-05 Revisions made to the LDSS-4279: “Notice of Re- D sponsibilities and Rights for Support” and LDSS-4279 SP: “Notice of 09-ADM-14 Employment Assessments for Exempt Public Assis- Responsibilities and Rights for Support Spanish’’ tance Applicants and Recipients in Households Without Dependent Children D 09-INF-04 Digest of Laws of 2007 Relating to programs of the D 09-ADM-13 Temporary Assistance Basic Allowance Grant In- Office of Temporary and Disability Assistance crease D 09-INF-03 Temporary Assistance (TA) Case Composition When a D 09-ADM-12 2009-10 Flexible Fund for Family Services (FFFS) Child Attains Age 18 (re-issued) D 09-INF-02 WorkPays NY: Introduction of the WorkPays NY D 09-ADM-11 Transitional Employment Advancement Program Promotional Material and Resource Guide/Checklist (TEAP) LCMs D 09-ADM-10 Shelter Supplementation Plans for Safety Net Assis- D 09-LCM-19 Discontinuation of SOLQ Access For HEAP Eligibil- tance Single Adults and Childless Couples ity Workers and Alternate Certifiers Effective January 1, 2010 D 09-ADM-09 Essential Persons D 09-LCM-18 Stimulus Food Stamp / Supplemental Nutrition As- D 09-ADM-08 Participation in Food Stamp Program by Students in sistance Program Administrative Funding under the American Recov- Institutions of Higher Education ery and Reinvestment Act D 09-ADM-07 Property Execution Procedures for Mistake of Fact D 09-LCM-17 New Supplemental Security Income (SSI) Local and/or Exempt Money Claims Management Report D 09-ADM-06 Expansion of Categorical Eligibility for Food Stamps D 09-LCM-16 Availability of Safety Net Assistance Project (SNAP for Households with Out-of-pocket Dependent Care Expenses 8) Funding D 09-ADM-05 Temporary Assistance Budgeting: 2009 Changes to D 09-LCM-15 2010-2011 Biennial Temporary Assistance and Food the Earned Income Disregard and the Poverty Level Income Test Stamp Employment Plan09-LCM-14 Supplemental 100% Food Stamp D 09-ADM-04 Temporary Assistance (TA) Payment Type Codes-- Employment and Training Allocations – FFY 2009 Designations as Assistance or Non-Assistance D 09-LCM-14 Supplemental 100% Food Stamp Employment and D 09-ADM-03 Change to the AIDS/HIV-related Illness Emergency Training Allocations – FFY 2009 Shelter Allowance D 09-LCM-13 Systems Availability Schedule D 09-ADM-02 Income Execution Process D 09-LCM-12 Adjustment of Transaction Charges for the Federal D 09-ADM-01 New York State Anti-Trafficking Statute Systematic Alien Verification for Entitlements (SAVE) Program INFs D 09-LCM-11 OTDA Transitional Jobs Program D 09-INF-24 Questions and Answers from September 2009 Confer- D 09-LCM-10 OTDA Health Care Jobs Program ence Call on the Transitional Employment Advancement Program D 09-LCM-09 OTDA Green Jobs Corps Program (TEAP) D 09-LCM-08 Funding for Community Solutions for Transportation D 09-INF-23 Earned Income Tax Credit (EITC) and Other Tax (CST) Credits for Tax Year 2009 D 09-LCM-07 Submission of TANF Special Project Claims/FFFS D 09-INF-22 Social Security Administration (SSA) Cost-of-Living Plans Adjustment (COLA) for January 2010 - SSI Benefit Levels Chart D 09-LCM-06 NY Connects (formerly Long Term Care Point of D 09-INF-21 Revision to LDSS-4887 Mail-in recertification/ Entry) Program Year 3 Eligibility Questionnaire D 09-LCM-05 Food Stamp/Supplemental Nutrition Assistance D 09-INF-20 Countability of Job Search and Job Readiness Train- Program Administrative Funding under the American Recovery and ing Activities Reinvestment Act D 09-INF-19 Revisions to LDSS-4836, LDSS-4836-SP, LDSS-4836 D 09-LCM-04 Food Stamp Employment and Training Allocations- NYC, LDSS-4836-SP NYC, LDSS-4841, and LDSS-4841-SP FFY 2009

79 Guidance Documents NYS Register/January 24, 2018

D 09-LCM-03 2009 TANF Summer Youth Employment Program 03/10/09 09TA/DC005 Return Date for Mailing of LDSS-4130 (SYEP) Allocations Periodic Reports to Six-Month Reporting Food Stamp Households D 09-LCM-02 Support Incentives—Federal Fiscal Year 2007 (FFY (UPSTATE ONLY) 2207) 02/11/09 09TA/DC003 2009 Emergency Program Income guide- GIS Messages lines for Emergency Safety Net Assistance (ESNA) and Emergency 12/15/09 09TA/DC036 Randomization of CBIC Numbering Assistance to Needy Families with Children (EAF) 12/02/09 09TA/DC035 Food Stamp Disaster Plan Local Contacts 01/16/09 09TA/DC002 NYSNIP Standard Benefit Amount Adjust- ments (NYC ONLY) 11/16/09 09TA/DC034 CNS/WMS Alcohol & Substance Abuse Sanction Code Changes (UPSTATE ONLY) 01/09/09 09TA/DC001 NYSNIP Standard Benefit Amount Adjust- ments (UPSTATE ONLY) 11/03/09 09TA/DC033 Meeting Energy Emergencies with HEAP DCLs (Child Support) 10/28/09 09TA/DC032 Changes to Pass-through and Disregard of D 11/17/2009 Electronic Communication System Enhancements Support Payments Effective January 1, 2010 (NYC ONLY) D 08/19/2009 Child Support Legislation 10/20/09 09TA/DC031 Work Activity Attendance Documentation D 06/30/2009 2010 Tax Refund Offset Process 10/14/09 09TA/DC029 Resolution of Potentially Eligible House- holds for the 2009 Back-to-School One-Time Payment (UPSTATE D 06/19/2009 Banking Services: SafePass Tokens ONLY) D 06/01/2009 Customer Service Helpline: Third Party Referrals 09/28/09 09TA/DC028 TAPolicy and District of Fiscal Responsibil- D 03/27/2009 Issuance of the Income Withholding for Support to ity (DFR) Procedures, Mediation and Intervention Services Employers 09/21/09 09TA/DC027 Save the Date for Upstate Temporary Assis- D 03/05/2009 Listing of In-Network Automated Teller Machines tance (TA) Conference Calls (UPSTATE ONLY) D 03/05/2009 EPPI Card Brochure 09/01/09 09TA/DC026 Extension of the Repayment Terms of the D 03/05/2009 New Contract for Centralized Support Collection and Utility Arrears Repayment Agreement Enforcement 08/27/09 09TA/DC025 SOLQ Reference Guide Revised August D 02/18/2009 Request to Withdraw Passport Denial Form 2009 and Available Online D 02/18/2009 Change to Request to Withdraw Passport Denial Form 08/18/09 09TA/DC024 Updated - Food Stamp Standards for D 01/29/2009 Income Execution Resources Letter October 1, 2009 (UPSTATE ONLY) OAH PROCEDURES TRANSMITTALS 08/18/09 09TA/DC024 Updated - Food Stamp Standards for October 1, 2009 (NYC ONLY) 09-02 Appearances at Upstate Hearings 08/14/09 09TA/DC023 Revised LDSS-3938 (NYC): ‘‘Food Stamp 2008 Application Expedited Processing Summary Sheet (NYC ONLY) ADMs 08/11/09 09TA/DC022 Human Trafficking Program Liaison D 08-ADM-12 Support NCP Poverty Level Pilot Initiative 08/05/09 09TA/DC021 2009 Back to School One-Time Payment D 08-ADM-11 Interim Assistance Reimbursement (IAR) Consoli- 07/28/09 09TA/DC020 Revised LDSS-4921: ‘‘Working Families dated Policy and Procedures Food Stamp Initiative Screening Sheet’’ D 08-ADM-10 Deficit Reduction Act (DRA) Annual Service Fee 07/27/09 09TA/DC019 USDA Clarification on Action for Returned for Child Support Mail for Simplified (Six Month) Reporters D 08-ADM-09 Farm Bill Reauthorization Provisions of Food Stamp 07/15/09 09TA/DC018 Changes to Allowable Cash Assistance Program for 2008 Rates - United States Repatriation Program (USRP) (UPSTATE D 08-ADM-08 Increase in the Pass-through and Disregard of Sup- ONLY) Posted as a courtesy for BRIA port Payments 07/06/09 09TA/DC017 Changes to Pass-through and Disregard of D 08-ADM-07 Implementation of Final Temporary Assistance for Support Payments effective July 1, 2009 (UPSTATE ONLY) Needy Families (TANF) Rule 07/06/09 09TA/DC016 Transitional Food Stamp Benefits for D 08-ADM-06 Social Security Administration Automation of Participants of the TA Grant Diversion Programs (TEAP) Interim Assistance Reimbursement (IAR), Direct Deposit Authoriza- 06/30/09 09TA/DC015 Federal Minimum Wage Increase and Its tion for IAR Payments, Government to Government Services Online Effects on Temporary Assistance and Food Stamp Programs (GSO) Registration, and Monthly IAR E-Report D 05/08/09 09TA/DC013 Discontinuance of Upstate WRTS Produc- 08-ADM-05 SSI- Screening/ Identification, Referral and Tracking tion Reports (UPSTATE ONLY) Requirements D 04/21/09 09TA/DC012 200% of Poverty Income Standards Chart - 08-ADM-04 Treatment of Income from Adoption Subsidy Pay- June 1, 2009 through May 31, 2010 ments and Foster Care Payments in Determining Food Stamp Program Eligibility and Benefit Amount 04/10/09 09TA/DC011 TA, FS, and HEAP Treatment of American D Recovery and Reinvestment Act (ARRA) of 2009 $25 Per Week 08-ADM-03 Substance Abuse Treatment for Adolescents – Increase to Unemployment Insurance Benefits (UIB) Conversion of Some Facilities that Treat Adolescents from Congregate Care Level 2 to Medical Facilities Under Residential Rehabilitation 03/31/09 09TA/DC010 Notification of date of the automated pro- Services for Youth (RRSY) cess to implement change to the treatment of certain payment type D codes discussed in 09 ADM-04 08-ADM-02 2008-09 Flexible Fund for Family Services (FFFS) 03/19/09 09TA/DC009 Treatment of the One-Time Stimulus Pay- INFs ments from the American Recovery and Reinvestment Act (ARRA) of D 08-INF-19 Social Security Administration (SSA) Cost-of-Living 2009 Adjustment (COLA) for January 2009-SSI Benefit Levels Chart 03/17/09 09TA/DC008 Updated Food Stamp Standards for April 1, D 08-INF-18 Revisions to LDSS-4925: ‘‘Employability Code Desk 2009 (UPSTATE ONLY) Guide TANF and SN MOE’’ and LDSS-4926: ‘‘Employability Code 03/17/09 09TA/DC008 Updated Food Stamp Standards for April 1, Desk Guide SN non-MOE’’ 2009 (NYC ONLY) D 08-INF-17 Temporary Assistance: Financial Institution Resource 03/10/09 09TA/DC006 Use of ‘‘Financial Statement’’ (LDSS-3596) Clearance for Utility Arrearage Assistance and the Updated Food/Non-Food D 08-INF-16 Non-Parent Caregivers and Good Cause Expense Guidelines D 08-INF-15 Revision to LDSS-3696 ‘‘Job Search Handbook’’

80 NYS Register/January 24, 2018 Guidance Documents

D 08-INF-14 Temporary Assistance (TA): Income Eligibility 10/17/08 08TA/DC025 Claims Establishment for Food Stamp Cases Verification System (IEVS) 1099 Processing for Local Districts Affected by Deletion of Adoption Subsidy Income during the ALL D 08-INF-13 Cost Avoidance Calculations for Program Integrity MRB/A (UPSTATE ONLY) Initiatives 10/06/08 08TA/DC024 Meeting Energy Emergencies with HEAP D 08-INF-12 Pathways and Similar Case Management Models 09/30/08 08TA/DC023 Increase in Pass-through and Disregard of D 08-INF-11 Revised and Reformatted PUB-4596: EBT Training Support Payments Brochure 09/24/08 08TA/DC022 Group Home and Congregate Care Budget- D 08-INF-10 Employment Verifications- Local District Commit- ing (UPSTATE ONLY) ment to a Revenue Intercept for Utilization of TALX Corporation 09/24/08 08TA/DC022 Group Home and Congregate Care Budget- eXpress Services under the OTDA Statewide Contract with TALX ing (NYC ONLY) Corporation 09/18/08 08TA/DC021 Use of the ‘‘Financial Statement (LDSS- D 08-INF-09 Temporary Assistance Questions and Answers 3596) for Utility Arrearage Assistance and the Updated 2007-08 Food/ D 08-INF-08 Verified Employment Data (VED) Information Added Non-Food Guidelines to Upstate RFI 09/15/08 08TA/DC020 Electronic IAR Phone Conference D 08-INF-07 Working Families Food Stamp Initiative Q and As 08/14/08 08TA/DC019 Updated – Food Stamp Standards for D 08-INF-06 Online availability of the LDSS-4903: ‘‘Disqualifica- October ’08 (NYC ONLY) tion Consent Agreement’’ and LDSS-4904: ‘‘Notice of Consequences 08/14/08 08TA/DC019 Updated - Food Stamp Standards for to a Disqualification Consent Agreement’’ October’08 (UPSTATE ONLY) D 08-INF-05 LDSS-4905: Domestic Violence Information for All 07/30/08 08TA/DC018 Food Stamp Notice of Missed Interview Temporary Assistance Applicants (NOMI) Notice D 08-INF-03 Categorical Eligibility for Food Stamps Q & As 07/24/08 08TA/DC017 Federal Minimum Wage Increase & Food D 08-INF-02 LDSS-4583: Domestic Violence Screening Form (Rev. Stamp Work Exemption 9/07) 07/22/08 08TA/DC016 New Policy and Closing Codes for Fleeing LCMs Felons and Probation and Parole Violators (NYC ONLY) D 08-LCM-13 Funding for Intensive Case Services for Noncompli- 07/22/08 08TA/DC016 New Policy and Closing Codes for Fleeing ant Families (ICS3) Felons and Probation and Parole Violators (UPSTATE ONLY) D 08-LCM-12 Availability of Safety Net Assistance Project (SNAP) 07/22/08 08TA/DC015 National Voter Registration Act (NVRA) Funding Responsibilities – 2008 General Election D 08-LCM-11 Automated Termination of Food Stamp (FS) Claims 06/26/08 08TA/DC014 SDX Manual Renamed SDX Reference D 08-LCM-10 Supplemental 100% Food Stamp Employment and Guide, Revised March 2008, and Available Online Training Allocations - FFY 2008 06/19/08 08TA/DC013 Automated Termination of Food Stamp (FS) D 08-LCM-09 Home Energy Assistance Program (HEAP) Office of Claims the State Comptroller (OSC) Payment Process 05/28/08 08TA/DC012 Social Services District Responsibility for D 08-LCM-08 NY Connects (formerly Long Term Care Point of Updating District Specific Information Found on the OTDA Intranet Entry Program) and CentraPort D 08-LCM-07 Work Incentive Fund Allocations 2008-09 04/22/08 08TA/DC011 200% of Poverty Income Standards Chart - D 08-LCM-06 Local Administration Fund (LAF) Base Allocations June 1, 2008 through May 31, 2009 2008-2009 04/08/08 08TA/DC010 Addition of Verified Employment Data D 08-LCM-05 Funding Available for Community Solutions for (VED) to RFI for ALL Upstate LDSS’s (UPSTATE ONLY) Transportation (CST) 04/08/08 08TA/DC009 Federal Economic Stimulus Tax Rebate D 08-LCM-04 2008-09 Home Energy Assistance Program (HEAP) 04/04/08 08TA/DC008 Guidance of Afghan & Iraqi Nationals Targeted Mail Out Granted Special Immigrant Status by the U.S. Citizenship & Immigra- D 08-LCM-03 Submission of TANF Special Project Claims/FFFS tion Services (USCIS) Plans 03/20/08 08TA/DC007 Third Set of Conference Calls Regarding D 08-LCM-02 Child Support Incentives-Federal Fiscal Year 2006 Necessary Action on Closed Cases Discussed in 07 ADM-06 Doe v. (FFY 2006) Doar - Unfavorable Appellate Court Decision on the Proration Policy D 08-LCM-01 Food Stamp Employment and Training Allocations - transmitted in 04 ADM-05 ‘‘TA & Non-TA Mixed Households, FFY 2008 Budgeting when the Family Includes an SSI Member’’ GIS Messages 03/20/08 08TA/DC006 2008 Emergency Program Income Guide- 12/23/08 08TA/DC034 Extension of the Ten Day Reporting Dead- lines for ESNA & EAF line for Request of Replacement Food Stamp Benefits 03/07/08 08TA/DC005 Addition of Verified Employment Data 12/22/08 08TA/DC033 Survey of Social Services Districts (SSDs) (VED) to RFI (UPSTATE ONLY) for Information Needed to Implement New Laws Regarding Tempo- 02/29/08 08TA/DC004 Categorical Eligibility for Food Stamps / rary Housing for Sex Offenders Helping Hands Brochure 12/19/08 08TA/DC032 Food Stamp Budgeting Reminder: Increased 02/08/08 08TA/DC003 Updates to the Temporary Assistance & Standard Utility Allowances Food Stamp Policy Manual 12/17/08 08TA/DC031 (REVISED) Issuing Replacement Food 01/17/08 08TA/DC002 Public Housing Authority Shelter Allow- Stamp Benefits and Emergency Food Replacement (UPSTATE ONLY) ance Change in Approval Process 11/25/08 08TA/DC029 Estimating Automobile Value: Change in 01/11/08 08TA/DC001 Temporary Assistance: Safety Net Assis- the National Automobile Dealers Association (NADA) Pricing Termi- tance (SNA) 45 Day Application Period During a Leap Year nology DCLs (Child Support) 11/25/08 08TA/DC028 2008 Food Stamp Bonus Award Allocation D 12/30/2008 Impact of Statutory Amendments on PEX and PIC 11/14/08 08TA/DC027 OMRDD Regional Meetings and Food Processes Stamp Applications for Group Home Residents D 11/25/2008 Enhanced Driver’s License Program 11/05/08 08TA/DC026 Suspending Enforcement of Utility Repay- D 11/20/2008 Poverty-Level Noncustodial Parent Modification and ment Agreements during the Cold Weather Period Arrears Pilot

81 Guidance Documents NYS Register/January 24, 2018

D 09/26/2008 Tax Law Change and Offset of STAR Rebates D 07-INF-01 Social Security Numbers for Aliens without United D 07/16/2008 Tax Refund Offset Process States Citizenship and Immigration Services (USCIS) Work Authori- D 06/30/2008 Money Screen Confidentiality zation D 05/19/2008 Desk Review Confirmation Notice LCMs D D 05/19/2008 Desk Review Confirmation Notification Procedure 07-LCM-16 Financial Management Procedures for Social Secu- D rity Administration Representative Payees - Revised 04/22/2008 Desk Review Request Form and Instructions D D 07-LCM-15 Federal Requirements for Work Participation Docu- 04/22/2008 Desk Review Request Form Letter mentation and Reporting OAH PROCEDURES TRANSMITTALS D 07-LCM-14 Food Stamp Bonus Award Allocation 08-13a Attachment New Scripted Letter J Varshavsky Withdrawals D 07-LCM-13 2008-2009 Temporary Assistance and Food Stamp 08-13 New Scripted Letter J Varshavsky Withdrawal Procedures Employment Plan 08-04 Reissued Document Imaging Instructions for Local Agencies D 07-LCM-12 Food Stamp Employment and Training Allocations – 2007 FFY 2007 ADMs D 07-LCM-11 2007-2008 Home Energy Assistance Program D 07-ADM-10 The Working Families Food Stamp Initiative (HEAP) – Client Notice System (CNS) Early Mail-Out (WFFSI) D 07-LDM-10 Food Stamp Management Evaluation Procedures D 07-ADM-09 Categorical Eligibility for Food Stamps D 07-LDM-09 Availability of Funds to Provide Services to Safety D 07-ADM-08 Safety Net Assistance (SNA) Households Without Net Assistance Recipients (SNAP – Safety Net Assistance Project) Dependent Children (Singles and Childless Couples) Work Activity D 07-LCM-08 e-HEAP Electronic Workbook and e-File Definitions and Participation Rate Methodology D 07-LCM-07 Funding for Intensive Case Services for Noncompli- D 07-ADM-07 Unaccompanied Refugee Minors (URM) Program ant Families D 07-ADM-06 Doe v. Doar – Unfavorable Appellate Court Deci- D 07-LCM-06 Funding Available for Community Solutions for sion on the Proration Policy Transmitted in 04 ADM-05 “Temporary Transportation (CST) Assistance and Non-Temporary Assistance Mixed Households; D 07-LCM-05 Local Administration Fund Allocations 2007-2008 Budgeting When the Family Includes an SSI Member” D 07-LCM-04 SDX – SSI Individual Status Screen on WMS D 07-ADM-05 Food Stamp Change Reporting for Ten-Day Report- D 07-LCM-03 Local District Emergency Closings ers D D 07-LCM-02 Submission of TANF Special Project Claims/FFFS 07-ADM-04 2007-08 Flexible Fund for Family Services (FFFS) Plans D 07-ADM-03 The Recoupment of Duplicate Restricted Rental Pay- D 07-LCM-01 Child Support Incentives - Federal Fiscal Year 2005 ments and Change of Timely Reporting Requirements from Five (5) GIS Messages Business Days to Ten (10) Calendar Days D 12/18/07 07TA/DC022 NYSNIP Standard Benefit Amount Adjust- 07-ADM-01 Temporary Assistance Procedures: Elimination of ments Quarterly Reporting System (QRS) Requirements and Welfare-To- 12/14/07 07TA/DC021 Working Families Food Stamp Initiative Work Procedures: Documenting Hours of Paid Employment Conference Informational Calls – December 20, 2007 INFs 12/14/07 07TA/DC020 Categorical Eligibility for Food Stamps D 07-INF-16 Social Security Administration (SSA) Cost-of-Living 12/05/07 07TA/DC019 Food Stamp Program Group Home Stan- Adjustment (COLA) for January 2008 - SSI Benefit Levels Chart dard Benefits (GHSB) Adjustments D 07-INF-15 LDSS-4579: “Alien Eligibility Desk Aid” (Revised 11/29/07 07TA/DC018 Meeting Energy Emergencies 10/07) 11/16/07 07TA/DC017 Food Stamp Bonus Award Allocation D 07-INF-14 Child Only Questions and Answers D 11/15/07 07TA/DC016 Distribution of ‘‘Child Care Letter’’ Lists 07-INF-13 Introducing the Electronic Benefit Transfer (EBT) UPSTATE ONLY Cardholder Account Overview Guide D 10/30/07 07TA/DC015 “In Lieu of TA Child Care” Dear Parent 07-INF-12 Office of Temporary and Disability Assistance Letter (OTDA) Restructuring D 10/17/07 07TA/DC014 Conference Calls regarding implementation 07-INF-11 Office of Alcoholism and Substance Abuse Services issues related to 07 ADM-06 Doe v. Doar - Unfavorable Appellate (OASAS) Tobacco-Free Prevention and Treatment Programs Court Decision on the Proration Policy transmitted in 04 ADM-05 D 07-INF-10 Automated Case Closing of Computer Match Hits ‘‘Temporary Assistance and Non-Temporary Assistance Mixed (Auto Close) Households, Budgeting when the Family includes an SSI Member’’ D 07-INF-09 LDSS-4905: Domestic Violence Information for All (UPSTATE ONLY) Temporary Assistance Applicants (previously known as the “Hand- 09/27/07 07TA/DC012 Use of the ‘‘Financial Statement’’ (LDSS- Out to All Applicants for Welfare” LDSS-4594, 4594-NYC, 4594-S, 3596) for Utility Arrearage Assistance and the Updated 2007-08 Food/ 4594-S-NYC: “Notification of Decision on a Waiver” LDSS-4595, Non-Food Guidelines 4595-NYC, 4595-S,4595-S-NYC: “Notification of Decision on a 09/14/07 07TA/DC011 Doe v. Doar: Court Decision Invalidates Continuation of Waiver”) Policy in 18 NYCRR 352.2(b) and 04 ADM-5 ‘‘Temporary Assistance D 07-INF-08 Lottery Intercept Reporting to Local Districts and Non-Temporary Assistance Mixed Households-Budgeting When D 07-INF-06 Revisions to the LDSS-4148A - What You Should Family Includes an SSI Member’’ Know About Your Rights and Responsibilities (When Applying For or 08/27/07 07TA/DC010 Interim Assistance Reimbursement (IAR) Receiving Social Services) for More than One Social Services District D 07-INF-05 Revision to LDSS-4530: Assignment of Wages, Sal- 08/21/07 07TA/DC009 Substance Abuse Treatment for Adolescents ary, Commissions or Compensation For Services - Conversion of Some Facilities that Treat Adolescents from Congre- D 07-INF-04 Revisions to 22 Mandatory Client Notices gate Care Level II to Medical Facilities Under Residential Rehabilita- D 07-INF-03 Recovery/Recoupment Due to Fleeing Felon and tion Services for Youth (RRSY) Probation/Parole Violator Status 08/14/07 07TA/DC008 Updated-Food Stamp Standards for October D 07-INF-02 Revisions to “Action Taken On Your Request For As- 1, 2007 (UPSTATE ONLY) sistance To Meet An Immediate Need or A Special Allowance” (LDSS- 08/14/07 07TA/DC008 Updated-Food Stamp Standards for October 4002) 1, 2007 (NYC ONLY)

82 NYS Register/January 24, 2018 Guidance Documents

08/07/07 07TA/DC007 Federal Minimum Wage Increase and Food D 06-INF-24 Contract with TALX Corporation for Employment and Stamp Exemption Income Verification Services via the “Work Number” and Local 08/01/07 07TA/DC006 Reporting Excused Absences from Count- District Contact Information Request for the TALX Corporation and able Unpaid Work Activities as Hours of Participation for Households the National Directory of New Hires computer match with Dependent Children D 06-INF-22 Clarification of DFR Procedures for Parolees 06/06/07 07TA/DC005 Delayed Mailing of LDSS-4310 Periodic D 06-INF-21 Temporary Assistance Questions and Answers Reports to Six-Month Reporting Food Stamp Households D 06-INF-20 Clarification of the Treasury Offset Program (TOP) 03/30/07 07TA/DC004 2007 Emergency Program Income Guide- Collection Process lines for Emergency Safety Net Assistance (ESNA) and Emergency D 06-INF-19 Medicare Part D Prescription Drug Plan and End of Assistance to Needy Families with Children (EAF) the Medicare-Approved Prescription Drug Discount Card Program 03/20/07 07TA/DC003 200% of Poverty Income Standards Chart Deduction June 1, 2007 through May 31, 2008 D 06-INF-18 LDSS-4884: Temporary Assistance Energy Emergen- 03/01/07 07TA/DC002 Client Satisfaction Survey cies Comparison Table 02/20/07 07TA/DC001 Permanently Residing Under the Color of D 06-INF-17 LDSS-4863 Medical Information Release Form Law (PRUCOL) D 06-INF-16 Program Integrity Questions and Answers DCLs Child Support D 06-INF-15 Revisions to the LDSS-3174 Recertification Form for D 06/29/2007 MEDX Appellate Court Decision Temporary Assistance, Medical Assistance, Medicare Savings Pro- D 06/01/2007 Release of Information to a Requesting Party gram and Food Stamp Benefits and Pub-1313 How to Complete the D 05/09/2007 Retroactive Modification of Support and Crediting of LDSS-3174 Overpayments D 06-INF-14 Battered Aliens Eligibility for Benefits Revised OAH PROCEDURES TRANSMITTALS D 06-INF-12 Clarification of Policy Regarding Verification of 07-03a Hearing Room Display Signs and Instructions Attachment School Attendance Revised D 07-03 Hearing Room Display Signs and Instructions 06-INF-11 Family Violence Option Policy Clarifications D 2006 06-INF-10 Computer Matching Clarification for Food Stamps D ADMs 06-INF-09 Revisions for the LDSS-3151: Food Stamp Change D Report form (Rev. 1/06) 06-ADM-15 School Attendance of Homeless Children - Revised D D 06-INF-07 Changes in Expungement Procedures 06-ADM-14 Electronic Benefit Transfer (EBT) Customer Service D Automated Response Unit (ARU) Personal Identification Number 06-INF-06 State Tax Refund Offset Program (STROP): Watts v. (PIN) Selection Restriction Wing Settlement Terms D D 06-ADM-13 National Directory of New Hires (NDNH) Com- 06-INF-05 Welfare-To-Work Regulatory Citation Changes puter Match D 06-INF-04 HEAP 2006-2007 Needs Assessment Public Hearings D 06-ADM-12 Noncustodial Parent New York State Earned Income D 06-INF-03 Welfare-To-Work Employment Forms Tax Credit (NCP NYS EIC) - Procedures D 06-INF-02 Revision to PUB-4786 The Earned Income Tax Credit D 06-ADM-11 United States Repatriation Program (USRP) ADM LCMs Local District Responsibilities (except NYC) D 06-LCM-13 OTDA Contract with Medical Providers for Consul- D 06-ADM-10 Temporary Assistance (TA) Mail-in Recertification tative Medical and Psychological Examinations and Intelligence As- Process Revised sessments D 06-ADM-09 Velazquez Cases – Special Instructions Part 3 D 06-LCM-12 Long Term Care Point of Entry Program D 06-ADM-08 2006-07 Combined TANF Allocation D 06-LCM-11 Funding for Intensive Case Services for Noncompli- D 06-ADM-07 District of Fiscal Responsibility for Homeless Place- ant Families ments Out of District Revised D 06-LCM-09 Claiming Process for Certain Two-Parent Families D 06-ADM-06 Coordination of Temporary Assistance Employment D 06-LCM-08 Food Stamp Management Evaluation Procedures and Eligibility Requirements for Individuals Who Are Required to D 06-LCM-07 Claiming of Food Stamp Program (FSP) administra- Apply for SSI tive funds for the medical screening of Food Stamp Employment and D 06-ADM-05 Providing Access to Temporary Assistance Programs Training (FSE&T) participants to establish exemption from program for Persons with Disabilities and/or Limited English Proficiency (LEP) rule requirements. Revised D 06-LCM-06 Additional TANF Funding to Support State- D 06-ADM-02 Temporary Assistance: Income Eligibility Verifica- Administered Programs and Contracts tion System (IEVS) 1099 Processing D 06-LCM-05 Imaging and Enterprise Document Repository (I/ D 06-ADM-01 Lifeline Telephone Service EDR) Services and Pricing Information INFs D 06-LCM-04 Katrina Claiming for Non-Assistance Program Ex- D 06-INF-34 Domestic Violence Residential Programs – Payment penditures Issues and District of Fiscal Responsibility (DFR) D 06-LCM-03 2006-07 Home Energy Assistance Program D 06-INF-32 Digest of Laws of 2006 Relating to Programs of the D 06-LCM-02 Allocation for the 2006-07 Local Administration Office of Temporary and Disability Assistance Fund D 06-INF-30 New Desk Guide – LDSS-4888: “School Attendance D 06-LCM-01 Submission of TANF Special Project Claims Desk Guide” (7/06) GIS Messages D 06-INF-29 Revisions to 12 Mandatory Client Notices 12/21/06 06TA/DC043 Citizens Energy Oil Heat Program (UP- D 06-INF-28 Revised 9/06 version of the LDSS-4778: “Calcula- STATE ONLY) tions of Total Overpayment Amount” 12/19/06 06TA/DC042 Minimum Wage Increase and Work Hours D 06-INF-27 Revision of the LDSS-4731: “District of Fiscal 11/24/06 06TA/DC041 NYSNIP Standard Benefit Amount Adjust- Responsibility (DFR) Desk Guide” (Rev. 7/06) ments D 06-INF-26 Investigative Unit Operations Plan 11/22/06 06TA/DC040 Upcoming Telephone Conference Calls to D 06-INF-25 Consolidated Shelter Arrears Policy and Emergency Discuss Child Support Desk Review Process for Excess Support & Safety Net Assistance Shelter Arrears Repayment Agreement - Revised Pass-through Payments

83 Guidance Documents NYS Register/January 24, 2018

11/20/06 06TA/DC039 Group Home Standardized Benefits (GHSB) 03/10/06 06TA/DC009 Delayed Delivery of Interim Assistance Adjustments Reimbursement (IAR) Checks 10/30/06 06TA/DC038 TA Grant Diversion Participants Not 03/07/06 06TA/DC008 WMS Coding for Evacuees of Hurricane Eligible for TBA FS Katrina 10/26/06 06TA/DC037 1099 Computer Matching for TANF Recipi- 02/22/06 06TA/DC007 200% of Poverty Income Standards Chart - ents June 1, 2006 through May 31, 2007 10/18/06 06TA/DC036 Hours of Participation in Work Activities 02/10/06 06TA/DC006 Reauthorization of Temporary Assistance Report for Safety-Net Assistance (SNA) Cases without Dependent for Needy Families Program Children 02/10/06 06TA/DC005 2006 Emergency Program Income Guide- 10/10/06 06TA/DC035 Meeting Energy Emergencies lines for Emergency Safety Net Assistance (ESNA) and Emergency Assistance to Needy Families with Children (EAF) 09/21/06 06TA/DC034 Non-Assistance Payment Types for Autho- rization of Temporary Assistance (TA) Emergency or Immediate 02/01/06 06TA/DC004 Food Stamp Budgeting Reminder: Increased Standard Utility Allowances Needs (UPSTATE ONLY) 01/30/06 06TA/DC003 Group Home Standardized Benefits (GHSB) 09/05/06 06TA/DC033 Use of the ‘‘Financial Statement’’ (LDSS- Adjustments (NYC ONLY) 3596) for Utility Arrearage Assistance and the Updated 2006-07 Food/ Non-Food Guidelines 01/12/06 06TA/DC002 Food Stamp Budgeting; Updated Food Stamp Medical Mileage Deduction 08/18/06 06TA/DC032 UPST Updated - Food Stamp Standards for 01/05/06 06TA/DC001 Group Home Standardized Benefits (GHSB) October 1, 2006 (UPSTATE ONLY) Adjustments (UPSTATE ONLY) 08/18/06 06TA/DC032 NYC Updated - Food Stamp Standards for DCLs (Child Support) October 1, 2006 (NYC ONLY) D 08/31/2006 Passport Denial Instructions 08/11/06 06TA/DC031 Alert for the provision of US citizen D 08/31/2006 Passport Denial repatriation services (UPSTATE ONLY) D 08/17/2006 Tax Refund Offset Process 07/25/06 06TA/DC030 Close Out of DFSP in Four Counties (Broome, Delaware, Montgomery, Tioga) (UPSTATE ONLY) 2005 ADMs 07/21/06 06TA/DC029 Extension of DFSP in Four Counties D (Broome, Delaware, Montgomery, Tioga) (UPSTATE ONLY) 05-ADM-16 Temporary Assistance Case Number Reuse D 07/17/06 06TA/DC028 Issuing Supplemental Disaster FS Benefits 05-ADM-15 Food Stamp Claims and Collection Processes to Current Food Stamp Recipients Affected by the Disaster (UPSTATE D 05-ADM-14 Food Stamp Budgeting: VISTA Payments and Medi- ONLY) cal Mileage Expenses D 07/14/06 06TA/DC027 Extension of the Disaster Food Stamp Ben- 05-ADM-13 Revised LDSS-3938: “Food Stamp Application efit Program (UPSTATE ONLY) Expedited Processing Summary Sheet” D 07/14/06 06TA/DC026 Toll-Free Number for Hearing Matters Re- 05-ADM-12 Reporting of Room and Board Arrangements D lated to the Flood of 2006 (UPSTATE ONLY) 05-ADM-11 Flexible Fund for Family Services D 07/11/06 06TA/DC025 Disaster Food Stamp Benefit Program and 05-ADM-10 Velazquez Cases – Special Instructions Part 2 TA Emergency Benefits Follow-up GIS Message (UPSTATE ONLY) D 05-ADM-08 Front End Detection System (FEDS) Policy 07/10/06 06TA/DC024 Edit Change to Unearned Income Source D 05-ADM-06 Temporary Assistance (TA) and Medicaid (MA) Code 06 (Child Support Payments) and Unearned Income Source Financial Institution Recipient Match (FIRM): Implications for TA, Code 02 (Alimony/Spousal Support Non-Arrears) (UPSTATE ONLY) MA, and Food Stamps (FS) D 07/10/06 06TA/DC023 Camp Fees 05-ADM-05 Regulatory Amendment Mandating Use of CAMS D 07/07/06 06TA/DC022 Implementation of Disaster Food Stamp 05-ADM-04 Velazquez Cases – Special Instructions Parts 1 and 2 Program and Clarification of Emergency Assistance Programs; Infor- D 05-ADM-03 Establishing the Standard of Need and Budgeting mation on Temporary Assistance Programs and HEAP in Relation to Income for Persons Not Residing in Their Own Homes (18 NYCRR Flood Relief (UPSTATE ONLY) 352.9) 07/07/06 06TA/DC021 WINR 4402 - Excess Child Support Excep- D 05-ADM-02 Section 8 Voucher: Change to the Temporary Assis- tion Report - New Exceptions and Necessary Action (UPSTATE tance (TA) Budgeting for Some Section 8 Voucher Cases ONLY) INFs 07/04/06 06TA/DC020 Emergency Benefit Issuance to Flooding D 05-INF-26 Notification of Local Districts Concerning Release of Victims, July 4, 2006 Sex Offenders 06/29/06 06TA/DC019 WMS Availability on Fourth of July, 2006 D 05-INF-25 Revised Hurricane Katrina Questions and Answers 06/29/06 06TA/DC018 Emergency Food Replacement D 05-INF-24 TAPolicy: Non-parent Caregiver Cases and Temporary 05/31/06 06TA/DC017 Problem with recent NYSNIP 24-Month Assistance Interim Report Mailing D 05-INF-23 9/05 Revisions of LDSS-4682, LDSS-4682 NYC, 05/25/06 06TA/DC016 Legislative Changes to Temporary Assis- LDSS-4799, LDSS-4799 NYC, LDSS-4827 and LDSS-4827 NYC tance Employment Requirements D 05-INF-22 SSA COLA for January 2006-SSI Benefit Levels Chart 05/12/06 06TA/DC015 NYSNIP Upstate 24 Month Interim Report D 05-INF-21 Revision to LDSS-3814: “Temporary Assistance Ad- (LDSS-4836 and 4836SP) ditional Allowances and Other Help” flyer 05/11/06 06TA/DC014 NYSNIP 24 Month Interim Reporting D 05-INF-20 Digest of Laws 2005 Relating to Programs of the Of- 04/07/06 06TA/DC013 Temporary Assistance: Income Eligibility fice of Temporary and Disability Assistance Verification System (IEVS) 1099 Processing Contact List (UPSTATE D 05-INF-19 Hurricane Katrina Evacuee Questions and Answers ONLY) D 05-INF-18 Food Stamp Program Questions and Answers: Expe- 04/03/06 06TA/DC012 New York State Nutrition Improvement dited FS Application Processing, IPVS, NYSNIP, TOP/CAMS Program (NYSNIP) Benefit Levels D 05-INF-17 Temporary Assistance (TA) Budgeting: Volunteers in 03/28/06 06TA/DC011 Food Stamp Disaster Plan Local Contacts Service to America (VISTA) Payments 03/23/06 06TA/DC010 Food Stamp Policy Reminder Authorized D 05-INF-16 Revision of LDSS-2642: “Documentation Require- Reps are Chosen at HH Discretion ments”

84 NYS Register/January 24, 2018 Guidance Documents

D 05-INF-15 Revisions to Mandatory Client Notices D 11/29/2005 Model Bankruptcy Protocol D 05-INF-14 Revision of LDSS-4826: Food Stamp Benefits D 06/10/2005 Undistributed Collections and Coding Application/Recertification and LDSS-4826A: How to Complete the D 06/10/2005 Undistributed Collection Categories and Coding for Food Stamp Benefits Application/Recertification 44 SPEC Field D 05-INF-13 Revision to Food Stamp Benefits ABEL Budget Nar- D 03/10/2005 Medical Execution ratives (LDSS-3959, LDSS-3960 and LDSS-3961) OAH PROCEDURES TRANSMITTALS D 05-INF-11 Revision of Mandatory Client Notice: Repayment of 05-31 Varshavsky Remand Procedure 2 Interim Assistance (LDSS-2425) 05-26a Attachment Referral Guide D 05-INF-10 Temporary Assistance Policy: Questions and Answers 05-03 Reminder to Agencies on Communications with Represented from the Spring 2004 Regional Meetings Clients/Appellants D 05-INF-09 New Statewide “Common Application”, LDSS – 2921 2004 Statewide (Rev. 1/05) New Statewide “How to Complete” Publica- ADMs tion, PUB – 1301 Statewide (Rev. 1/05) D 2004 ADM-08 Expansion of Eligibility of Alien Victims of Se- D 05-INF-08 Revisions to PUB-4842: “Interpreter Services Poster” vere Forms of Trafficking in Persons and PUB-4843: Interpreter Services Desk Guide D 2004 ADM-07 Food Stamp Medical Deduction for Medicare Pre- D 05-INF-07 State Tax Refund Offset Program (STROP): Watts vs. scription Drug Discount Cards Wing – Update on Litigation and Request for LDSS Contact Person(s) D 2004 ADM-06 Treatment of Full-Time Earnings of Students D 05-INF-04 Reinstatement of LDSS-3666: “TA/FS Under Temporary Assistance (TA) Programs Documentation/Verification Desk Guide” (1/05) D 2004 ADM-04 Refugee Cash and Medical Assistance Programs D 05-INF-03 Puerto Rico EBT Interoperability Policy (RCA & RMA) Revised December 8, 2004 D 05-INF-02 Documentation Receipt – Temporary Assistance, Food D 2004 ADM-02 Changes in Food Stamp Program Change Report- Stamp Benefits, Medicaid and or Child Health Plus A ing Rules LCMs D 2004 ADM-01 Establishing and Collecting Food Stamp Overissu- D 05-LCM-13 Funding Availability for the Youth Engagement Ser- ance Claims vices Program INFs D 05-LCM-12 Local District Emergency Closings D 2004 INF-26 Revisions to Manual Client Notices D 05-LCM-11 Case Management Services for Safety Net Recipients D 2004 INF-25 Introduction of a Food Stamp Six-Month Reporting D 05-LCM-10 HEAP Budget Calculator Application (HBC) Desk Guide D D 05-LCM-09 Policy Regarding the Supervisory Signature of 2004 INF-24 Digest of Laws of 2004 Relating to Programs of the LDSS-3209 Authorization Office of Temporary and Disability Assistance D D 05-LCM-8 Claiming Child Support Collections Refunded to 2004 INF-23 Revision of LDSS-4398: “WMS Non-Services Code Velasquez Case Members Cards” (November 2004 Update) D D 05-LCM-06 Allocation for the 2005-06 Local Administrative Fund 2004 INF-22 SSA COLA for January 2005 - SSI and Food Stamp Charts D 05-LCM-05 Submission of TANF Special Project Claims D D 2004 INF-21 Revision of the LDSS-4403: “Determination of 05-LCM-04 Treasury Offset Program Eligibility For Emergency Assistance to Families (EAF)” (7/04 Revi- D 05-LCM-03 Submission of RF Certifications sion) D 05-LCM-01 TANF Calendar Year 2003 Projects/Allocations D 2004 INF-20 Temporary Assistance Policy: Computer Matching GIS Messages Clarification 10/06/05 05TA/DC040 NYSNIP Shelter Threshold Increase D 2004 INF-19 Offer of a Job as an Available Resource 09/14/05 05TA/DC031 Updated Food Stamp Instructions for D 2004 INF-18 Local Department of Social Services District of Fis- Evacuees from Hurricane Katrina (NYC HRA Version) cal Responsibility Contacts Found on the OTDA Intranet Site and 09/14/05 05TA/DC031 Updated Food Stamp Instructions for CentraPort Evacuees from Hurricane Katrina (Upstate Version) D 2004 INF-16 Electronic Benefit Transfer (EBT) Voluntary Repay- 09/08/05 05TA/DC028 Assistance for Displaced Citizens from Hur- ment of Overpayments ricane Katrina D 2004 INF-15 Availability of the Revised 2/04 Version of the 9 09/02/05 05TA/DC027 Refugees from Hurricane Katrina Other Than English Languages LDSS-3151: “Food Stamp Change 08/15/05 05TA/DC025 Updated Food Stamp Standards for October Report Form” 1, 2005(UPSTATE) D 2004 INF-14 Revision of the Mandated Food Stamp Benefits Civil 08/15/05 05TA/DC025 Updated - Food Stamp Standards for Rights Complaint Procedure Poster (LDSS-8036) October 1, 2005 (NYC) D 2004-INF-13 Revisions to the Systems Generated “Periodic 08/12/05 05TA/DC024 TA and/or FS Authorization Periods Limited Report” (LDSS-4310) and the Vendor Printed “Follow-Up to the to Six Months Periodic Report” (LDSS-4310A) D 04/21/05 05TA/DC016 Budgeting of Food Stamp Benefits for 2004 INF-12 Temporary Assistance Questions and Answers Group Home Residents Revised July 26, 2004 D 03/08/05 05TA/DC009 NYSNIP Non-Redeemer Letter-Round Two 2004 INF-11 Revision of the LDSS-4826: “Food Stamp Benefits Application/Recertification” and LDSS-4826A: “How to Complete 03/02/05 05TA/DC008 FS Standard Utility Allowances for Heating/ the Food Stamp Benefits Application/Recertification” Cooling Expenses D 2004 INF-09 Documentation Requirements Reminder Revised 02/15/05 05TA/DC006 Food Stamp Exclusion of Child Support July 6, 2004 Payments from Income D 2004 INF-07 Temporary Assistance Questions and Answers 02/09/05 05TA/DC004 Exclusion of Disaster Relief Earnings D 2004 INF-05 Disregard Certain Veterans Administration (VA) 02/02/05 05TA/DC003 NYSNIP Non-Redeemer Reminder GIS Payments Made to Biological Children of Women Vietnam Veterans 01/28/05 05TA/DC002 Exclusion of Military Combat Pay and Extend to Safety Net Assistance Families the Disregard of VA DCLs (Child Support) Payments Made to Vietnam Veterans’ Children with Spina Bifida

85 Guidance Documents NYS Register/January 24, 2018

D 2004 INF-03 Revision of the LDSS-4403: “Determination of D 2003 ADM-10 TA Policy Changes: Lump Sum Set Asides and Eligibility For Emergency Assistance to Families (EAF)” (7/03 Revi- Resource Two-Year College Fund Exemption sion) D 2003 ADM-09 Regulatory Changes: Temporary Assistance (TA) LCMs Budgeting: Percentage Earnings Disregard Extended to Pregnant SNA D 2004 LCM-13 New York State Nutrition Improvement Project Women and Trust Fund Policy Clarification D 2004 LCM-12 Appointment of OTDA Executive Deputy Com- D 2003 ADM-08 Issuing Nonrecurring Temporary Assistance (TA) missioner and OTDA Deputy Commissioner for Division of Tempo- Emergency Payments and TANF Services Block Grant Payments on rary Assistance an Active Non-Temporary Assistance Food Stamp Case, an Active Medicaid Case or at the Time of a TAApplication Denial D 2004 LCM-11 AFIS Plan / Exemptions for FS Finger Imaging D 2003 ADM-07 Temporary Assistance: New Shelter Allowances D 2004 LCM-10 Program Integrity Performance Measures and Related Changes D 2004 LCM-08 Food Stamp Program Access Policy D 2003 ADM-03 New Food Stamp-Only Application Form D 2004 LCM-07 Food Stamp Program Civil Rights Complaint D 2003 ADM-02 Desk Reference for DV Screening under the Fam- Procedures Revised June 30, 2004 ily Violence Option D 2004 LCM-06 Front End Detection System (FEDS) D 2003 ADM-01 Eligibility of Alien Victims of Severe Form of D 2004 LCM-05 Food Stamp Management Evaluation Procedures Trafficking in Persons D 2004 LCM-04 Approvals of Revisions to Local District’s Cost Al- INFs location Plan D 2003 INF-43 Food Stamp Deductions for Medical Expenses D 2004 LCM-03 Submission of TANF Special Project Claims D 2003 INF-42 Elimination of Social Security Numbers from SSI, D 2004 LCM-02 Procedures Regarding the Security of Common Interim Assistance Reimbursement, and Social Security Checks Benefit Identification Cards (CBICS) Returned Undeliverable By the D 2003 INF-41 Revisions to Client Notices United States Postal Service (USPS) D 2003 INF-40 SSA COLA for January 2004 - SSI and Food Stamp D 2004 LCM-01 District of Fiscal Responsibility Procedures Re- Charts minder Revised February 19, 2004 D 2003 INF-39 New Statewide “Common Application”, LDSS – GIS Messages 2921 Statewide (Rev. 7/03) and New Statewide “How to Complete” Publication, PUB – 1301 Statewide (Rev. 7/03) 12/29/04 04TA/DC031 FS Outreach via EPIC Letter regarding D 2003 INF-38 Availability of the Following Forms in Arabic and Medicare Rx Drug Discount Programs Chinese: LDSS-2921 Statewide “Common Application” form and 12/21/04 04TA/DC030 Cash HEAP Payments to NYSNIP Partici- PUB-1301 Statewide “How to Complete the Application” form pants D 2003 INF-37 Revision to Spanish Versions of the Client Informa- 11/02/04 04TA/DC028 Implementation of Standardized Food tion Books and the Introduction of Other Available Languages Includ- Stamp Benefits for Group Home Residents ing Russian, Arabic and Chinese 10/14/04 04TA/DC025 FS Policy on Medicare RX Drug Discount D 2003 INF-36 Digest of Laws of 2003 Relating to Programs of the programs Office of Temporary and Disability Assistance 08/17/04 04TA/DC019 Updated Food Stamp Standards for October D 2003 INF-35 Clarification of Temporary Assistance Diversion 1, 2004 Payment Types for Families D 07/06/04 04TA/DC018 Follow-up to GIS 04TA/DC005: Shortening 2003 INF-34 Limiting Emergency/Immediate Needs Grants Due 24-Month FS Certification Periods to Frequent Applications for Recurring and Emergency Temporary Assistance 06/30/04 04TA/DC016 Periodic Reports for Non-TA Food Stamp D Households 2003 INF-33 Revision of the LDSS-3151: “Food Stamp Change Report Form” (Rev. 6/03) 06/02/04 04TA/DC014 Food Stamp Disaster Plan: Local District D 2003 INF-32 LDSS-4682: Notification of Overpayment of Public Contacts Assistance to a Former Recipient and Demand For Repayment (5/03) 05/11/04 04TA/DC013 Clarification of FS TBA Policy reissued and LDSS-4682 NYC: Notification of Overpayment of Public Assis- 05/11/04 04TA/DC011 Clarification of FS TBA Policy tance to a Former Recipient and Demand For Repayment (NYC) (5/ 03/18/04 04TA/DC005 Shortening 24-Month FS Certification 03) Periods/New B80 CNS Code D 2003 INF-31 Revision of the LDSS-3558: “Food Stamp Separate 02/18/04 04TA/DC002 SUA for Telephone Determination Input Form” (Rev. 5/03) DCLs (Child Support) D 2003 INF-29 Family Violence Option: Domestic Violence Liai- D 06/25/2004 Document Data Sheets son List D D 05/03/2004 Letter: Calculation of Unreimbursed Assistance 2003 INF-27 Temporary Assistance Date of Eligibility D D 05/03/2004 Calculation/Payment of Support In Excess of Assis- 2003 INF-26 Introduction of a Statewide LDSS-3174: “Recertifi- tance Paid cation Form” and The Associated PUB-1313: “How to Complete” D Publication 05/03/2004 Response to Specific Questions D D 2003 INF-25 Temporary Assistance Questions and Answers 03/24/2004 Unreimbursed Assistance Revision: July 7, 2003 Original Release: June 19, 2003 D 03/23/2004 Letter: Medical Execution Frequently Asked Ques- D 2003 INF-22 Temporary Assistance: Individuals in Residential tions Treatment Programs D 03/23/2004 Medical Execution Frequently Asked Questions D 2003 INF-20 Availability of the Statewide Common Application D 03/02/2004 Issuance of Medical Execution and Alternative Cover- and the How to Complete the Application in Spanish and Russian age D 2003 INF-19 Expired or Lost Immigration Documents D 02/26/2004 Medical Execution Cover D 2003 INF-18 Obsolete Form DSS-2215: “Report of Claim/Benefit D 02/26/2004 National Medical Execution Notice Revised Restoration Determination” Food Stamp Program 2003 D 2003 INF-17 Recoupment Procedures When Temporary Assis- ADMs tance (TA) Recipients Change Districts D 2003 ADM-11 Emergency Assistance to Families (EAF): Changes D 2003 INF-16 Revisions to the Food Stamp Benefits Budget Work- to Part 372 of 18 NYCRR 372 and to the TANF State Plan sheets

86 NYS Register/January 24, 2018 Guidance Documents

D 2003 INF-15 Compromise of Food Stamp Claims for Overissu- 03-10 Revised OAH-457 ance 2002 D 2003 INF-14 Food Stamp Program Eligibility for Aliens ADMs D 2003 INF-13 Revision to LDSS-4753: “Food Stamps – Request D 2002 ADM-08 Repeal of NYCRR 352.31(B) “Claimant for for Contact/Missed Interview” Income Tax Exemption” D 2003 INF-12 Revision of the “Food Stamp Household Composi- D 2002 ADM-07 Food Stamp Program Reauthorization Changes tion Desk Guide” (LDSS-4314) (Rev. 1/03) D 2002 ADM-06 Change in the Food Stamp Vehicle Resource Policy D 2003 INF-11 Revisions to the LDSS-4791: Important Information D 2002 ADM-02 Meeting the Emergency/Immediate needs of About What Changes You Must Report for Food Stamp Benefits Temporary Assistance (TA) Applicants/Recipients D 2003 INF-10 Food Stamp Program Questions and Answers: Ap- D 2002 ADM-01 Food Stamp Treatment of Individual Development plication Processing, Six-Month Reporting, Transitional Benefits and Accounts Standard Utility Allowances D INFs 2003 INF-07 State Sixty-Month Time Limit and Essential Persons D D 2002 INF-41 Revision to Food Stamp Benefits ABEL Budget Nar- 2003 INF-05 Digest of Laws of 2002 Relating to Programs of the ratives (LDSS-3959, LDSS-3960 and LDSS-3961) Office of Temporary and Disability Assistance D D 2002 INF-39 Conditions and Costs Associated with Removals, 2003 INF-04 Time Limit Counts and Family Assistance Payment Revision: December 10, 2002 Corrections D D 2002 INF-37 Temporary Assistance Periodic Reporting Regula- 2003-INF-02 Revision of the LDSS-3151 “Food Stamp Change tion Filing Report Form” (Rev. 1/03) D 2002 INF-36 Family Violence Option Questions and Answers D 2003 INF-01 Earned Income Tax Credit and Other Tax Credits D 2002 INF-35 SSA COLA for January 2003 – SSI and Food Stamp LCMs Charts D 2003 LCM-09 Refunds of Treasury Offset Program (TOP) Mon- D 2002 INF-34 Treatment of Crime Victims Compensation Benefits ies for Temporary Assistance (Correction of November 1st Release) D 2003 LCM-08 Safeguarding of Personal Information for Food D 2002 INF-33 Receipts for Recipients Who Drop Off Documenta- Stamp and Temporary Assistance Applicants and Recipients tion D 2003 LCM-07 Food Stamp Management Evaluation Procedures D 2002 INF-31 Temporary Assistance Questions and Answers D 2003 LCM-05 Termination of Certain Food Stamp Overissuance D 2002 INF-30 Revision of the “Food Stamp Household Composi- Claims tion Desk Guide” (LDSS-4314) (Rev. 6/02) D 2003 LCM-03 Food Stamp Program Civil Rights Complaint Pro- D 2002 INF-29 Necessity of Accurate Social Security Numbers in cedures the Welfare Management System D 2003 LCM-02 New Hires Match D 2002 INF-28 Revision to Public Assistance ABEL Budget Narra- D 2003 LCM-01 Clothing Allowance Under the Emergency Assis- tives (LDSS-3951, LDSS-3952, LDSS-3953 and LDSS-3954) tance to Adults Program D 2002 INF-27 Domestic Violence: Frequently Asked Questions on GIS Messages Reimbursement, General and Programmatic Issues 09/25/03 03TA/DC028 24-month FS certification periods for D 2002 INF-26 Revisions to the System Generated Periodic Report households in which all adults are elderly/disabled Form (LDSS-4310) and the Printed Follow-Ups to the Periodic Report 08/15/03 03TA/DC022 Response to Power Outages Form (LDSS-4310A and LDSS-4310A NYC) D 08/13/03 03TA/DC021 IPV Notices for PA and FS now available 2002 INF-25 Section 8 Certificate Shelter Type Codes on OTDA Forms Website D 2002 INF-22 Drug and Alcohol Frequently Asked Questions 08/11/03 03TA/DC020 Updated-Food Stamp Standards for October (FAQs), U.S. Department of Veteran Affairs (VA) Drug and Alcohol 1, 2003 Treatment Programs; and OTDA Audit and Quality Control (A&QC) Drug and Alcohol Abuse Screening/Assessment Process Review/ 07/31/03 03TA/DC019 Subscribe to the Automated Subscriber Findings System for Updates to the Temporary Assistance Source Book - TASB D and the Food Stamp Source Book – FSSB 2002 INF-21 Temporary Assistance Procedures; Certification Periods of TA Cases With Earned Income 07/28/03 03TA/DC018 Temporary Assistance (TA), Medicaid and D Food Stamps (FS) Policy Regarding the Treatment of Federal Tax 2002 INF-19 Revision of the LDSS-3708: “School Attendance Variables Verification Form” (Rev. 4/01) D 07/14/03 03TA/DC017 Treasury Offset Program Fairness Letter 2002 INF-18 Revision of the LDSS-3151: “Food Stamp Change Report Form” 07/02/03 03TA/DC015 Introduction of LDSS-4826B: ‘‘Interview/ D Verification Guide for the LDSS-4826: ‘Food Stamp Benefits Applica- 2002 INF-17 Food Stamp Questions and Answers tion’ ’’ D 2002 INF-15 Revised Issue July 23, 2002 (Original Issued June 02/06/03 03TA/DC003 Food Stamp Eligibility of Certain Aliens 27, 2002) Recurring Limited Temporary Assistance Energy Payments D 02/04/03 03TA/DC001 Food Stamp Disaster Plan Local Contacts 2002 INF-14 Charitable Choice Provision, Personal Responsibil- ity and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 DCLs (Child Support) (Reissued June 3, 2002) D 10/21/2003 Private Collection Agencies D 2002 INF-09 Certification/Recertification Checklist: Changes In D 07/11/2003 $500 Arrears Cap Requirements D 06/27/2003 Intrastate Transfer of Cases D 2002 INF-06 Clarification of Retention Policy of Domestic D 06/10/2003 HIPAA Rules and Child Support Violence (DV) Screening Forms and Related Case Records D 05/01/2003 Department of Taxation and Finance: Kennedy En- D 2002 INF-03 Responses to Questions Raised at Time Limit/ hancements Tracking Conference Calls D 01/28/2003 Cost Recovery of Legal Representation/International D 2002 INF-02 Obsolete Certification Guide (DSS-3570) Child Support Cases D 2002 INF-01 Expansion of the Eligibility of Certain Minors for OAH PROCEDURES TRANSMITTALS TANF Service Programs 03-22 Revised OTDA-4420 Notice of Aid Status LCMs

87 Guidance Documents NYS Register/January 24, 2018

D 2002 LCM-13 Extension of Food Stamp Administrative Cost D 2001 ADM-03 Exemptions to the State Sixty-Month Cash Time Reductions Limit/Evaluation for Safety Net Assistance D 2002 LCM-12 Work Experience Placements Reimbursement D 2001 ADM-02 Expansion of Food Stamp Categorical Eligibility D 2002 LCM-11 Model HEAP Cooperative Agreement/Contract D 2001 ADM-01 Continuation of Food Stamps on TA Case During D 2002 LCM-10 Changes to Food Stamp Employment and Training Move Participant Expenditures INFs D 2002 LCM-8 Claiming Federal Reimbursement for Reserved Ac- D 2001 INF-28 Digest of Laws of 2001 Relating to Programs of the commodations Office of Temporary and Disability Assistance and Attachment D 2002 LCM-07 Americans with Disabilities Act (ADA) – Access D 2001 INF-27 SSA Cost of Living Adjustment for January 2002- to Local District Social Services Programs and Services and Activities SSI Benefit Levels Chart D 2002 LCM-06 Food Stamp Management Evaluation Procedures D 2001 INF-25 Treatment of Income/Resources of Participants in D 2002 LCM-05 Submission of TANF Special Project Claims Operation Enduring Freedom D 2002 LCM-02 Suspension of Local MOE Plans Submission D 2001 INF-24 Obsolete Form DSS-632: “Consent for Verification GIS Messages of Information” D 09/17/02 02TADC024 Additional Food Stamp Resource Exclusion 2001 INF-22 Revisions of LDSS-2921 Upstate Common Applica- tion and PUB-1301 Upstate “How to Complete” Publication 08/13/02 02TADC018 Updated - Food Stamp Standards for October D 1, 2002 2001 INF-21 Food Stamp Questions and Answers D 04/10/02 02TADC009 Requirement to send the LDSS 4735 FS 2001 INF-20 Providing Temporary Assistance to Individuals ‘‘Request for Contact/Notice of Missed Interview’’ when an initial FS Sanctioned From Supplemental Security Income eligibility interview is missed D 2001 INF-19 Responses to Questions Raised at Time Limit/ 03/11/02 02TADC007 Revised Message: GIS 02 TA/DC004 Tracking Regional Meetings D 2001 INF-18 Clarification of Temporary Assistance Drug and 03/01/02 02TADC004 Printing and Delivery of Manual Notices Alcohol Employment Coding and Case Type Policy/Procedures Referenced in 01 INF-17 D 2001 INF-17 Revisions to Manual Notices 02/22/02 02TADC003 Request for Contact Language for Food D Stamp 6 Month Reporters on Transitional Benefits 2001 INF-14 Converting EBT Food Stamp Benefits to EBT Cash When Recipients Move Out of State 01/08/02 02TADC001 Correction of LDSS 4753 - Request for D 2001 INF-12 Temporary Assistance Sanctions: Budgeting for TA Contact/Notice of Missed Interview and FS, Treatment of Income for FS When the TA Case Closes, and DCLs (Child Support) Medicaid Implications D 12/16/2002 Modifications to Driver’s License Suspension Process D 2001 INF-11 Temporary Assistance Questions and Answers and D 08/29/2002 PIC Enforcement Procedures Attachment D 07/29/2002 Liens D 2001 INF-10 Clarification of Food Stamp Denials When an D 07/19/2002 Property Execution Against Jointly Owned Bank Ac- Eligibility Interview is Missed counts D 2001 INF-09 Application Access for Non-Citizens: Temporary D 06/03/2002 Wage and Health Benefit Report Assistance and Food Stamps D D 05/21/2002 Drivers’ License Suspension Modifications 2001 INF-08 Temporary Assistance (TA) and Food Stamps (FS) Policy: The Treatment of Supplemental Needs Trusts (SNTs) and Re- OAH PROCEDURES TRANSMITTALS verse Annuity Mortgage (RAM) Loans 02-01 EA and Foster Care Processing D 2001 INF-04 The 2001 New York State and Federal Earned 2001 Income Credit Campaign ADMs D 2001 INF-03 Clarification of Policy Relating to the Provision of D 2001 ADM-16 Transitional Benefit Alternative: Transitional Food the Emergency Shelter Allowance for Persons with AIDS or HIV- Stamp Benefits for Family Assistance Leavers Related Illness D 2001 ADM-14 Temporary Assistance Procedures: District Waiver D 2001 INF-02 Digest of Laws of 2000 Relating to Programs of the Option of Quarterly Reporting Requirements (QRS) and Attachments Office of Temporary and Disability Assistance D 2001 ADM-13 Temporary Assistance Budgeting: Initial and LCMs Increased Earnings of Recipients D 2001 LCM-12 Availability of the Spanish Version of the “Youth D 2001 ADM-12 Temporary Assistance Budgeting: The Treatment Application for TANF Services” Form and Attachment of Retroactive SSI and Social Security (RSDI) Corrective Payments D 2001 LCM-11 Reserved Accommodations D 2001 ADM-11 Safety Net Assistance Recoupment Rate Change D 2001 LCM-10 Availability of the “Youth Application for TANF D 2001 ADM-10 Revised Alcohol and Drug Abuse Screening and Services” Form Referral Form, Revised Referral Protocols, Targeting TANF D 2001 LCM-08 Two Year Claiming Deadlines Applicants/Recipients D 2001 LCM-06 IRS-1099 Match D 2001 ADM-09 Six-Month Reporting Rules Food Stamp House- D 2001 LCM-05 EBT Fedwire Settlement Process holds With Earned Income D D 2001 LCM-02 Special Claim Forms for TANF Services Plan 2001 ADM-08 Changes in Food Stamp Application and Recertifi- Programs and TANF MOE cation Procedures GIS Messages D 2001 ADM-07 Food Stamp and Temporary Assistance Treatment of Family Subsistence Supplemental Allowance Payments 10/23/01 TADC045 Exemption of Disaster Relief Payments Re- minder D 2001 ADM-06 Revised Letter of Notification (LON) and Letter of Intent (LOI) Approval Process for the Acquisition of EDP Equipment 09/21/01 TADC040 Exemption of Disaster Relief Payments and/or Related Services 09/20/01 TADC039 New Food Stamps Poster D 2001 ADM-04 Reporting Requirement for TANF Assistance: Reg. 09/06/01 TADC034 Revised Manual Notices (01 INF-17) 351.1(b)(2) 08/20/01 TADC030 Updated-FS Standards for October 1, 2001 D 2001 ADM-03 Errata: Exemptions to the State Sixty-Month Cash 08/10/01 TADC029 Updated-Food Stamp Standards for October 1, Time Limit/Evaluation for Safety Net Assistance 2001

88 NYS Register/January 24, 2018 Guidance Documents

08/07/01 TADC028 Quarterly Reporting Mailers D 2000 INF-01 Revision of Mandatory Client Notice “Repayment 06/25/01 TADC024 June mail out to Non-TA/FS cases regarding of Interim Assistance Notice” LDSS-2425 the six-month reporting rule LCMs 06/20/01 TADC023 Treatment of Federal Tax Rebates D 2000 LCM-21 Temporary Assistance to Needy Families Mainte- 06/13/01 TADC021 Exclusion of Certain Retroactive SSI Payments nance of Effort (MOE) Local Initiative as Lump Sums for FS D 2000 LCM-20 TANF Services for Individuals and Families With 06/01/01 TADC018 Changes in the Food Stamps Vehicle Resource Incomes Up To 200% of The Federal Poverty Level Exemption Policy D 2000 LCM-18 Availability of Funds to Provide Services to Certain 02/27/01 TADC009 Client Benefit Access Safety Net Recipients (SNAP – Safety Net Assistance Project) 02/27/01 TADC008 FS Cash-Out Conversion D 2000 LCM-15 TANF and TANF Maintenance-of-Effort (MOE) 02/06/01 TADC005 FS Cashout Conversion Program Reporting D 01/24/01 TADC004 Food Stamp Casefile Documentation 2000 LCM-13 Proposals Requested for the Establishment of Transitional Opportunities Program (TOP) Offices/Units 01/24/01 TADC003 Updated-Food Stamp SUA Standards for D 2000 LCM-11 Earned Income Credit (EIC) March 1, 2001 D 2000 LCM-10 Certain Employment Costs not Allowed as Food DCLs (Child Support) Stamp Employment and Training Expenditures D 03/06/2001 Re-Assignment of Permanently Assigned Arrears D 2000 LCM-09 Domestic Violence Allocation Use D 08/06/2001 Tax Off-Set Distribution Rules D 2000 LCM-08 Separate State Maintenance-of-Effort (MOE) D 12/18/2001 Letter: Continuation of Services Program Reporting D 12/18/2001 Notice: Continuation of Services D 2000 LCM-07 Emergency Assistance to Families (EAF) for Juve- OAH PROCEDURES TRANSMITTALS nile Delinquents and Persons In Need of Supervision (JD/PINS) 01-51 Upstate Emergency Hearing Procedures D 2000 LCM-04 2000 Census Promotion 01-45 Action Taken by NYC HRA MAP Due to Ineligibility for SSI D 2000 LCM-01 Temporary Assistance to Needy Families Mainte- 01-35 Appellant Identification Procedure nance of Effort FY 2000 01-15 Procedure for Handling Non-hearing Inquiries and Com- DCLs (Child Support) plaints D 05/16/2000 Policy: DNA Labs + Attachment 2000 D 03/02/2000 CSMS Modification: Distributions/PROWRA ADMs D 01/19/2000 CSMS Modification: Distributions/PROWRA D 2000 ADM-08 Errata: Electronic Benefit Transfer (EBT) OAH PROCEDURES TRANSMITTALS D 2000 ADM-07 Non-Cash Safety Net Assistance (SNA) for Other 00-30 OTDA Initiative to Encourage and Monitor Compliance with Than Grantee (OTG) Cases FH Decisions D 2000 ADM-06 Initial Notice of Overpayment to Closed Cases 00-05 Document Imaging Implementation (Instructions for Local (Revised) Agencies) D 2000 ADM-01 TANF Funding Swap From Public Assistance to 00-04 Document Imaging Implementation EAF Foster Care for the 1999-2000 State Fiscal Year 1999 INFs ADMs D 2000 INF-21 Policy Clarification on TANF Funded Assistance D 1999 ADM-09 The Automated Finger Imaging System (AFIS) for D 2000 INF-20 WMS Input Directions to Assure Accurate and PA, FS, FAP, EAF, ESNA, PICA and Medicaid Complete Federal Reports D 1999 ADM-08 Domestic Violence: Final TANF Regulations and D 2000 INF-19 District of Fiscal Responsibility (DFR) Procedures the Family Violence Option D 2000 INF18 Clarification of Relationship Between the Standard D 1999 ADM-07 Errata: Time Limit Tracking and System Support Utility Allowance (SUA) and Receipt of HEAP D 1999 ADM-07 Time Limit Tracking and System Support D 2000 INF-16 Temporary Assistance (TA), Food Stamps (FS), and D 1999 ADM-05 Cooperation with Child Support Enforcement for Medicaid (MA) Budgeting: Out-of-State Temporary Assistance Pay- Temporary Assistance, Medicaid, Foster Care and Child Care Services ment Applicants and Recipients D 2000 INF-15 Temporary Assistance Questions and Answers D 1999 ADM-04 Changes to Supervisory Review Approval for D 2000 INF-14 Revised “Request for Voluntary Restricted Pay- Temporary Assistance and Food Stamps ments” Form (LDSS-4580) (Rev. 1/00) D 1999 ADM-02 Alien Sponsorship – Deeming of Sponsor’s Income D 2000 INF-13 Alien Eligibility Desk ID Card (Rev. 4/00) and Resources D 2000 INF-11 Revision of “Food Stamp Separate Determination D 1999 ADM-01 Administration Issuance of Subpoenas in Child Input Form” (LDSS-3558) Support Cases D 2000 INF-10 Welfare Reform Community-Based Organization INFs Resource Guide (Pub No. 4663) D 1999 INF-21 Child Assistance Program (CAP) Eligibility: D 2000 INF-08 Office of Temporary and Disability Assistance Procedures for Employment Sanctions (OTDA) Census 2000 Campaign D 1999 INF-20 Digest of Laws of 1999 Relating to Programs of the D 2000 INF-07 Interim Printings of LDSS-2921, LDSS-2921(NYC), Office of Temporary and Disability Assistance LDSS-3174 and LDSS-3174(NYC) D 1999 INF-19 Drug/Alcohol Treatment: Option for In-District Care D 2000 INF-06 Verifying Relationship of the Caretaker Relative to D 1999 INF-18 Non-Recoverability of Child Support Pass-Through the Child Payments D 2000 INF-05 LDSS-3343: “Quarterly Roster of Good Cause D 1999 INF-17 Reporting of Aliens Known to be Unlawfully in the Claims” United States D 2000 INF-02 Child Support Cooperation: Questions and Answers D 1999 INF-16 HUD Welfare-to-Work Housing Vouchers– Potential D 2000 INF-01 Errata: Revision of Mandatory Client Notice: Rent Subsidy Assistance for Some Temporary Assistance Families Repayment of Interim Assistance Notice (LDSS-2425) D 1999 INF-15 Emergency Assistance and Sanctioned Persons

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D 1999 INF-14 LDSS-4600: LDSS-4600 Drug and Alcohol Screen- 1998 ing, Assessment, and Treatment Implications Desk Guide (6/98) ADMs D 1999 INF-13 Questions and Answers on Temporary Assistance D 1998 ADM-14 Procedures for Cost of Living Adjustments Energy Policy (COLA) and One-Time Review and Adjustments for Child Support D 1999 INF-11 Potential Eligibility for Food Stamps: Hmong and Orders Other Highland Laotian Tribe Members D 1998 ADM-12 Recovery of Overpayments: Modification of PA D 1999 INF-10 Domestic Violence Waiver of Temporary Assistance Threshold Lien Requirements; Recovery of Temporary Assistance From Legally D 1998 ADM-11 Authorization For Social Services Districts to Ap- Responsible Batterers prove Adoption Subsidies D 1999 INF-09 Temporary Assistance/Medicaid Eligibility: Expan- D sion of Who Can Conduct Drug/Alcohol Assessments 1998 ADM-09 Public Assistance Eligibility: Time Limit for Initial D Interview 1999 INF-08 Food Stamp Program Application Requirements D D 1998 ADM-06 Procedures for Establishing Paternity with Ac- 1999 INF-07 Amended State Version of Federal Form SS-5 “Ap- knowledgments and plication for a Social Security Card” (LDSS-4000) D 1999 INF-06 Medicaid Determinations When Public Assistance is Administrative Orders for Genetic/DNA Tests Denied or Closed or the PAApplication is Withdrawn D 1998 ADM-05 Merit Incentive Awards for Children in Receipt of D 1999 INF-05 Child Assistance Program (CAP): Questions and TANF Funded Public Assistance Answers D 1998 ADM-03 Errata: Domestic Violence: Family Violence Op- D 1999 INF-04 Public Assistance Eligibility: Clarification of Drug tion Under the Welfare Reform Act of 1997 and/or Alcohol Issues D 1998 ADM-03 Domestic Violence: Family Violence Option Under D 1999 INF-02 Revision to Budget Worksheet – Public Assistance the Welfare Reform Act of 1997 (LDSS-548) D 1998 ADM-02 Change of Payee Policy and Procedure for Child LCMs Support Enforcement D 1999 LCM-40 Information on Problem Gambling D 1998 ADM-01 Local Flexibility Incentive Pilot Programs D 1999 LCM-39 TANF Funded Employment Program Contracts INFs D 1999 LCM-37 Claiming Deadlines – TANF Programs D 1998 INF-16 Obsolete Form: DSS-2502: “ADC-U Screening D 1999 LCM-32 Updated District of Fiscal Responsibility and Drug/ Checklist” Alcohol Contacts D 1998 INF-15 Deadline Extension for Local District Negotiated D 1999 LCM-31 Y2K Readiness Planning Performance Award Plans and Transmittal of Baseline Performance D 1999 LCM-30 Claiming of JD/PINS for Youth in VoluntaryAgen- Data on Job Placements for 98-ADM-13 cies and Foster Boarding Homes D 1998 INF-13 State Assumption of Local Districts’ Share of D 1999 LCM-29 TANF MOE Expenditures Supplemental Payments D 1999 LCM-28 Domestic Violence Allocations: July 1999-June D 1998 INF-12 Digest of Laws of 1998 Relating to Programs of the 2001 Office of Temporary and Disability Assistance D 1999 LCM-26 Merit Incentive Awards Allocations D 1998 INF-06 Child Assistance Program (CAP); Questions and D 1999 LCM-23 Implementation of the Systematic Alien Verifica- Answers on Changes Due to the Welfare Reform Act of 1997 tion for Entitlements (SAVE) Program – Interim Process D 1998 INF-04 Consolidated Services Plan: 1998 Income Eligibil- D 1999 LCM-22 Expansion of the Child Assistance Program (CAP) ity Standards D 1999 LCM-20 Non-Cash Safety Net Assistance (SNA) Restric- D 1998 INF-03 Food Stamp Program: Record Retention tion Hierarchy and Available Restriction and Payment Options D 1998 INF-02 Revised Request for Voluntary Restriction Form D 1999 LCM-19 Notice: LDSS-4647: “Important Information (DSS-4580 Rev. 12/97) About Child Care” D 1998 INF-01 Annual Index of Administrative Directives and In- D 1999 LCM-17 TANF State Plan Forums formational Letters D 1999 LCM-15 Allocations for TANF & SNA Drug & Alcohol As- LCMs sessments and the Availability of Funds to Operate an Enhanced Drug/ D 1998 LCM-46 “Notice of Claims Settlement” Claims Against Alcohol Program for TANF Recipients Households Report” (DSS-3214) D 1999 LCM-14 Temporary Assistance to Needy Families Mainte- D 1998 LCM-43 Automated Claiming System (ACS) Re-Hosting nance of Effort Project D 1999 LCM-13 Local District Year 2000 Contingency Plan Survey D 1998 LCM-40 National Voter Registration Act (NVRA) Litiga- D 1999 LCM-12 Survey of Social Welfare Examiner Job Tasks tion D 1999 LCM-11 Federal Tax Refund Offset Program (FTROP) D 1998 LCM-39 Drug and Alcohol Services: Availability of Funds D 1999 LCM-10 Year 2000 Compliance Requirements to Provide Enhanced Drug and Alcohol Services to Victims of Domes- D 1999 LCM-09 Federal Tax Refund Offset Program (FTROP) tic Violence D 1999 LCM-08 “New York State Touchstones/Kids Count Data D 1998 LCM-37 Expansion of the Child Assistance Program (CAP) Book” D 1998 LCM-34 Clarification of Fair Hearing and Special Hearings D 1999 LCM-04 Federal Tax Refund Offset Program (FTROP) Processes D 1999 LCM-03 “Notice of Claim Settlement” (OTDA-591, 591-A D 1998 LCM-30 Survey of Drug and Alcohol Assessment Costs & 907) D 1998 LCM-29 1998 Multidisciplinary Team Building Request for D 1999 LCM-01 Food Stamp Program: Clarification of Definition Proposals Grant Selections of Disability D 1998 LCM-28 Case Management Funding Application OAH PROCEDURES TRANSMITTALS D 1998 LCM-27 Homeless Information Reporting 99-40 Hearing Right for Former Recipients when Challenging the D 1998 LCM-26 Informational Mailing to All Public Assistance Amount of a Claim for Overpayment of PA Households (FA, CAP, SNA) 99-13 Changes to the Outcome Reason Codes and the Decision Is- D 1998 LCM-25 Adult Care Facilities: Prohibition of Referrals to suance Screen (PFHISS) Certain Facilities

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D 1998 LCM-23 FISCAL: Allocation of $100,000,000 TANF Set- D 1997 INF-14 Obsolete Form: DSS-4232; “JOBS (Job Opportuni- Aside for Family and Children’s Services (EAF Allocation) ties and Basic Skills Training Program)” Form D 1998 LCM-21 Food Stamp Earned Income Deduction D 1997 INF-12 Revisions of the Quarterly Report (DSS-4310) and D 1998 LCM-19 Reimbursement Ceilings for Social Services for the Follow-Up to the Quarterly Report (DSS-4310A) and (DSS-4310A the Period October 1, 1997 Through September 30, 1998 NYC) D 1998 LCM-18 DSS-3803 “Monthly Report of Collections of D 1997 INF-09 Automated Finger Imaging System (AFIS) Policy Overpayments to Families with Dependent Children and Home Relief” Clarifications D 1998 LCM-17 Disability Advocacy Program (DAP) RFP D 1997 INF-07 Revision of DSS-3604: “Notification of ADC D 1998 LCM-15 Federal/State Tax Refund Offset Reports Federal/ Change” State Tax Refund Offset D 1997 INF-06 District of Fiscal Responsibility D 1998 LCM-14 Availability of Funds to Operate an Enhanced D 1997 INF-05 Consolidated Services Plan: 1997 Income Eligibil- Drug/Alcohol Services Program for Family Assistance Recipients ity Standards D 1998 LCM-11 Retroactive TANF Conversions Retroactive TANF D 1997 INF-04 Temporary Assistance to Needy Families (TANF) Conversions State Plan D 1998 LCM-09 Tax Refund Offset Process – 1998 General Instruc- D tions 1997 INF-01 Annual Index of Administrative Directives, Infor- mational Letters and Manual Bulletins for 1996 D 1998 LCM-07 Enhanced PA Earned Income Disregard (42%) Mailing LCMs D 1998 LCM-06 Extension of Claiming for the Child Care and D 1997 LCM-68 Preventive Services: Reduction/Waiver of Mainte- Development Block Grant Subsidy Program nance of Effort (MOE) Penalty Amount D 1998 LCM-05 Deadlines for Submitting Claims to Close Out D 1997 LCM-64 1997 Federal Family Violence Prevention and Ser- ADC (Including EAF and Administration), JOBS, At Risk and vices Act Grant Transitional Child Care, as a Result of TANF D 1997 LCM-61 Expansion of the Child Assistance Program (CAP) OAH PROCEDURES TRANSMITTALS D 1997 LCM-56 Recoupments, Screen 6 Changes and Attachment 98-51 NYC Department of Homeless Services Shelter Placements D 1997 LCM-52 Welfare Reform Act of 1997 for SNA Singles D 1997 LCM-51 Federal Changes in SSI Eligibility for Children 98-17 Responsibility of Local Agencies to Provide Documents to D Representatives 1997 LCM-49 Local District Training CAP D 98-05 Krieger v. Perales Notification 1997 LCM-44 Agency-Based Voter Registration (Motor Voter) Training Program 1997 D ADMs 1997 LCM-42 Local District Closings D D 1997 ADM-25 Food Stamp Eligibility of Non-Citizens 1997 LCM-38 Temporary Assistance to Needy Families (TANF) State Plan D 1997 ADM-24 Child Assistance Program (CAP): Impact of the Welfare Reform Act of 1997 D 1997 LCM-37 SSN Validation D 1997 ADM-23 Public Assistance (Family Assistance/Safety Net D 1997 LCM-32 Notice to Certain Disabled Children Affected by Assistance) Changes Resulting From The Welfare Reform Act of 1997 Welfare Reform D 1997 ADM-20 Family Assistance Program (Welfare Reform Act D 1997 LCM-31 Tax Refund Offset Program (FTROP) of 1997) D 1997 LCM-23 Home and Community-Based Services Waiver for D 1997 ADM-19 Reporting and Monitoring of the DSS-3214, Food Persons with Traumatic Brain Injuries (HCBS/TBI Waiver): New Re- Stamps Claims Against Household Report cipient Restriction/Exception Code for Waiver Participants D 1997 ADM-18 Student Grants and Supportive Services Budget- D 1997 LCM-22 Revised Disability Criteria for Children ing (Williams vs. Dowling) D 1997 LCM-21 Food Stamp Eligibility for Non-Citizens Prior to D 1997 ADM-17 Elimination of the Child Care Earned Income Dis- April 1, 1997 regard and the Implementation of Child Care Payments for Public As- D 1997 LCM-20 Waiver of Food Stamp ABAWD Eligibility Re- sistance Cases with Earned Income quirements D 1997 ADM-13 Procedure for Requesting Approval of Local D 1997 LCM-07 Home and Community-Based Services Waiver for Equivalent Forms Persons with Traumatic Brain Injuries (HCBS/TBI Waiver): Authori- D 1997 ADM-11 Assessment Requirement for Recipients of Tempo- zation, Provision and Payment of Transportation rary Assistance for Needy Families (TANF) D 1997 LCM-01 Tax Refund Offset Process – 1997 General Instruc- D 1997 ADM-08 Re-categorization of ADC and CAP Cases as a tions Result of the Personal Responsibility and Work Opportunity Recon- OAH PROCEDURES TRANSMITTALS ciliation Act (PRWORA) D 97-25 Requests from Local Agencies for Additional Copies of De- 1997 ADM-06 Immunization Information for PA Applicants and cisions Recipients D 97-21 Administrative Disqualification Hearing (ADH) Reopen Pro- 1997 ADM-05 Option to Extend Certification Periods for Certain cedures Non-Citizen Food Stamp Recipients 97-07 Local District Letter Request Notification (Letter Requests) D 1997 ADM-03 Prohibition Against Concurrent Benefits 1996 D 1997 ADM-01 Federal Cost-of-Living Adjustment in Social Se- curity and Supplemental Security Income (SSI) Benefits and Impact ADMs of Department Programs D 1996 ADM-09 Utility Arrears Repayment Agreement INFs D 1996 ADM-08 OBRA’93 Provisions on Transferees and Trusts D 1997 INF-18 Digest of Laws of 1997 Relating to Social Services D 1996 ADM-05 Article VII Changes – 1995/96 State Budget D 1997 INF-17 DSS-4148D: Supplement to Client Information D 1996 ADM-04 The Automated Finger Imaging System (AFIS) for Books DSS-4148A, 4148B, and 4148C Public Assistance D 1997 INF-16 Model Drug and/or Alcohol Assessment Form for INFs Public Assistance D 1996 INF-29 Digest of Laws of 1996 Relating to Social Services

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D 1996 INF-28 Questions and Answers from the Drug and Alcohol D 1996 CLM-45 Employees Separated from Employment Due to Statewide Regional Meetings, the Introduction of Four New Forms Domestic Violence That Will Assist Local Districts In Working With Their Client Popula- D 1996 LCM-29 Local District Clearances tion, and the Obsoletion of DSS-2355 and DSS-2356 D 1996 LCM-26 Department Report to Governor Pataki D 1996 INF-26 Revisions to Applications (DSS-2921, DSS- D 1996 LCM-21 Authorizing EAF For Services Provided By Non- 2921NYC), Recertification Forms (DSS-3174, DSS-3174 NYC) and DSS Agencies their “How to Complete” Publications (PUB-1301, PUB-1301 NYC, D PUB-1313, PUB -1313 NYC) 1996 LCM-17 DSS-3214 “Claims Against Households” Reten- D tion Amounts 1996 INF-21 Home and Community-Based Services Waiver for D Persons with Traumatic Brain Injuries (HCBS/TBI Waiver) 1996 LCM-14 FS Error Rate/Sanction for FFY ‘94 D D 1996 INF-19 Paper Reduction/Reports Distribution 1996 LCM-12 AFDC Error Rate/Sanction for FFY ‘94 D D 1996 INF-16 Implementation of the Revised DSS-876: “Request 1996 LCM-11 1996 Domestic Violence State Aid Rates (DVSAR) For Forms or Publications” (Rev. 2/96) for Domestic Violence Residential Programs in New York State D 1996 INF-12 Obsolete Form: DSS-4158: “Home Relief Notifica- OAH PPROCEDURES TRANSMITTALS tion of Job Readiness and The Right To Contest” (Rev. 8/93) 96-22 Provision of Aid Continuing for Food Stamp Recertification D 1996 INF-11 Temporary Assistance Forms Implemented, Revised Issues or Made Obsolete in 1995 1995 D 1996 INF-05 Revision of DSS-4231: “Option To End Your Sanc- ADMs tion” D 1995 ADM-24 Home Visits for Public Assistance Eligibility and D 1996 INF-04 Blue Book Internet Project Continuing Eligibility D 1996 INF-01 Annual Index of Administrative Directives and In- D 1995 ADM-20 Food Stamps: Stipulation and Order of Settlement formational Letters for 1995 in Huberman, et al. v. Espy, et al. LCMs D 1995 ADM-15 Food Stamp Program Implications of the Mickey D 1996 LCM-110 FY 1996/97 Maximum State Aid Rates (MSARs) Leland Childhood Hunger Relief Act For Foster Care Programs and SED Approved Residential Schools for D 1995 ADM-09 PA Budgeting: The Treatment of New York State the Period September 1, 1996 – June 30, 1997 Disability Benefits D 1996 LCM-108 Adult Care Facilities: Prohibition of Referrals to D 1995 ADM-08 Food Stamps: Selection of Head of Household for Certain Facilities Employment Purposes D 1996 LCM-107 FY 1996/97 Maximum State Aid Rates (MSAR) D 1995 ADM-05 SSI Case Correction Procedure: Use of Form SSA- for Foster Care Programs and In-State Approved Private Schools for 3911 (Cancels 79-ADM-72) the Period July 1, 1996-August 31, 1996 D 1995 ADM-04 Public Assistance and Medical Assistance Benefits D 1996 LCM-106 Competency-Based Training for Infants Residing with their Incarcerated Mothers D 1996 LCM-105 1996/97 Committee on Special Education (CSE) D 1995 ADM-01 National Voter Registration Act Maintenance Rates for Approved Schools Located Out-of-State INFs D 1996 LCM-104 Child and Adolescent Sexual Offense Medical D 1995 INF-46 Revision of Client Information Books Protocol D 1995 INF-45 Digest of Laws of 1995 Relating to Social Services D 1996 LCM-103 New Address and Telephone Numbers for State D 1995 INF-41 Food Stamps: Clarification of Treatment of Earned MA Disability Review Team Income Tax Credit (EITC) as a Resource and Introduction of EITC D 1996 LCM-102 Claiming Instructions - $50 Child Support Disre- Desk Chart gard D 1995 INF-40 Food Stamps Expedited Authorization Report D 1996 LCM-100 Annual Implementation Report of the Consoli- (WINR 3195 Expedited Food Stamps) dated Services Plan D 1995 INF-39 Revision of “How to Apply for Food Stamps If You D 1996 LCM-99 Supplemental Security Income (SSI) Cost of Liv- Are Also Applying For SSI/Are Getting SSI/Are Living In A Group ing Adjustment for Family Type Home for Adult Residents Home…” Booklet (DSS-3035A) D 1996 LCM-98 Notification of the Lack of Federal Funding for the D 1995 INF-35 Food Stamps: SSI or SSDI When Disability is Based Non-Federal Costs of ADC Type Refugees on Drug Addition or Alcoholism D 1996 LCM-87 National Association of Counties Teleconference D 1995 INF-33 PA Budgeting: Self-Employment Income “Counties and the New Welfare Law” D 1995 INF-31 Frequent Reapplications for Emergency Home Re- D 1996 LCM-86 Federal Welfare Reform “Food Stamp Eligibility lief of Aliens” D 1995 INF-30 Clarification of the Treatment of Americorps Awards D 1996 LCM-85 Lottery Intercept Program D 1995 INF-28 Economic Security Forms Implemented, Revised or D 1996 LCM-83 Food Stamp Impact of New Federal Welfare Law Made Obsolete in 1994 D 1996 LCM-76 State Assumption of Local Districts’ Share of D 1995 INF-27 Federal OSHA Regulations on Blood Borne Patho- Supplemental SSI Payments gens D 1996 LCM-75 Local District Training CAP D 1995 INF-24 Revision of “Action Taken On Your Request For D 1996 LCM-72 1995 Domestic Violence Annual Report Assistance To Meet An Immediate Need Or A Special Allowance” D 1996 LCM-63 Revised Reimbursement Ceilings for Social Ser- (DSS-4002) (Rev. 9/94) vices for the Period October 1, 1995 through September 30, 1996 D 1995 INF-22 FS: Students on Meal Programs and Eligibility of D 1996 LCM-62 Food Stamp Error Rate for FFY 1995 Students Campus Housing D 1996 LCM-59 1996-97 Domestic Violence State Aid Rates D 1995 INF-20 The Family Protection and Domestic Violence (DVSAR) for Domestic Violence Residential Programs in New York Intervention Act City D 1995 INF-19 Quarterly Reporting System (QRS) Questions and D 1996 LCM-58 Update to Emergency Assistance to Families Answers Claiming for JD/PINS D 1995 INF-12 Treatment of Americorps Awards D 1996 LCM-47 TASA Client Outcomes D 1995 INF-05 Direct Shelter and Child Care Payments

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D 1995 INF-04 Revision of “Determination of Eligibility For Emer- D 1994 ADM-05 Writing Off Uncollectible Amounts from Closed gency Assistance To Families (EAF)” (DSS-4403) (Rev. 10/94) Cases D 1995 INF-01 Annual Index of Administrative Directives, Infor- D 1994 ADM-01 Interim Assistance Reimbursement (IAR) for Non- mational Letters and Manual Bulletins for 1994 IV-E Child Welfare (CW) Benefits LCMs INFs D 1995 LCM-138 Emergency Assistance to Families Claiming for D 1994 INF-58 FS: Medical Deductions Clarification JD/PINS D 1994 INF-54 Revision to ABEL Input Sheet (DSS-3570A) D 1995 LCM-132 HR Requirements to Sign Agreement and Assign- D 1994 INF-46 Digest of Laws of 1994 Relating to Social Services ment Forms D 1994 INF-45 PA Budgeting and Case Category for Joint Custody D 1995 LCM-129 Reimbursement Ceilings for Social Services for Cases the Period of October 1, 1995 through September 30, 1996 D 1994 INF-44 Revision of Mandatory Client Notice “Repayment D 1995 LCM-128 Additional Office of Administrative Hearings of Interim Assistance Notice” (DSS-2425) Staff Chargeback D 1994 INF-43 Obsoletion of Food Stamp Client Notices DSS-4050, D 1995 LCM-126 ADC Minors – Living Arrangements DSS-4051 and DSS-4052 D 1995 LCM-123 SFY 1995/96 Preventive Services MOE Amounts D 1994 INF-40 Microenterprises and Public Assistance Recipients for Social Services Districts Spending Under the Family and Chil- D 1994 INF-39 Revision of DSS-4398: “WMS Non-Services Code dren’s Services Block Grant Cards” (April 1994 Update) (Upstate Only) D 1995 LCM-114 National Voter Registration Act D 1994 INF-38 Revision of “Shelter Verification” Form (DSS-3668) D 1995 LCM-108 Family and Children’s Services Block Grant D 1994 INF-37 Revision of “Life Insurance Information Request – D 1995 LCM-104 Paper Reduction/Reports Survey Prudential and Metropolitan” Form (DSS-1410) D 1995 LCM-94 Questions and Answers from the May 3, 1995 D 1994 INF-36 Revised “Programmatic Action Regulations Guide” Teleconference on Changes to the Local District Claiming Schedules DSS-4168 D 1995 LCM-88 Claiming Instructions for the Finger Imaging Dem- D 1994 INF-35 Obsoletion of the 7/91 (Brown) Upstate Version of onstration Project the “Recertification For PA, MA, FS” (DSS-3174) and the 7/91 … D 1995 LCM-78 Treatment of Student Grants When Determining (Brown) Upstate Version of the “How To Complete Recertification” the Need for Supportive Services (Pub. 1313) D D 1995 LCM-75 Announcement of the Availability of Federal Funds 1994 INF-34 Introduction of New Informational Book DSS- for “Changing the Culture of Welfare” Demonstration Projects 3035A to Accompany the DSS-3035/DSS-3035 NYC “Food Stamp D Application for SSI Recipients and Group Living Residents” 1995 LCM-66 1995 Domestic Violence State Aid Rates (DVSAR) D for Domestic Violence Residential Programs In New York State 1994 INF-32 Revision of “Determination of Eligibility for Emer- D gency Assistance to Families (EAF)” (DSS-4403) (Rev. 5/94) 1995 LCM-58 1994 Domestic Violence Annual Report D D 1994 INF-29 Food Stamps: Child and Adult Care Food Program 1995 LCM-54 Emergency Assistance to Families (EAF) for Divi- Payments sion for Youth Placements D D 1994 INF-27 Economic Security Forms Implemented, Revised or 1995 LCM-42 Updated Information Concerning Velasquez v. Made Obsolete in 1993 Bane D D 1994 INF-23 Food Stamps: Deduction for Recurring Medical Ex- 1995 LCM-17 Food Stamp Computer Assisted Instruction (CAI) penses D 1995 LCM-09 Interim Assistance Reimbursement for New Drug/ D 1994 INF-22 Obsoletion of “Right To Claim Good Cause For Alcohol SSI Recipients Refusal To Cooperate With Child Support Enforcement (Second No- D 1995 LCM-07 Report of District Organization and Operation – tice)” (DSS-4280) Staffing Schedule (Form DSS-1023) D 1994 INF-16 Food Stamps Clarification of Effective Date of a D 1995 LCM-03 National Voter Registration Act Timely Adverse Action Notice OAH PROCEDURES TRANSMITTALS D 1994 INF-11 Intentional Program Violation (IPV) – Regional 95-28 Home Hearings Pursuant to Varshavsky v. Perales (Issue Meetings Questions and Answers Code 900) D 1994 INF-10 Food Stamps: Waiver of In-Office Interviews for 95-25 New Issue Code: 994 McMahon v. Dowling Disabled Adult Certain Applicants Children (DAC) D 1994 INF-09 Limitations on HR for New Residents – Standards 95-14 Phone Numbers to Request Fair Hearings of Payment Update 95-06 Transmittal of FH Decisions D 1994 INF-05 Revision of Public Assistance ABEL Budget Narra- 95-04 Issue Code 997 Agency Field NYS6 tive (DSS-3951) (Rev. 11/93) 1994 D 1994 INF-04 Revision of Food Stamp Application for SSI ADMs Recipients and Group Living Residents (DSS-3035) and (DSS-3035 D NYC) (Rev. 9/93) 1994 ADM-20 Preventing Homelessness and Providing Assis- D tance to Homeless Persons 1994 INF-03 The 1994 Earned Income Credit Campaign D D 1994 ADM-17 Treatment of Personal Needs Allowance of 1994 INF-01 Annual Index of Administrative Directives, Infor- Institutional Persons and Disposition Upon Death mational Letters and Manual Bulletins for 1993 D 1994 ADM-15 Food Stamps: Expansion of Definition of Food LCMs Stamp Eligibles Who Reside in Certain Group Living Arrangements D 1994 LCM-155 Reimbursement Ceilings for Social Services for D 1994 ADM-13 Deeming of Parental Income to SSI-Related Chil- the Period of October 1, 1994 through September 30, 1995 dren D 1994 LCM-153 Domestic Violence: Questions and Answers D 1994 ADM-11 Domestic Violence: Eligibility and Payment for D 1994 LCM-148 National Voter Registration Act Supplies Residential Services for Victims D 1994 LCM-145 Tax Refund Offset Process – 1995 General In- D 1994 ADM-10 Budgeting of a Home Relief (HR) Case When a structions Legally Responsible Relative in Receipt of Supplemental Social Se- D 1994 LCM-133 Front End Detection System Teleconference Is- curity Income (SSI) is in the Household (Rice vs. Perales) sues

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D 1994 LCM-129 Food Stamp Data Analysis Report with Upstate D 1993 INF-42 Revision of Follow-Up to the Quarterly Reports Case Detail for 10/1/92 through 9/30/93 (DSS-4310A and DSS-4310A NYC) D 1994 LCM-119 AFDC Error Rate/Sanction for FFY ‘91 D 1993 INF-40 Revision of Certification Guide (DSS-3570) D 1994 LCM-106 Providing Local District Job Opportunities for D 1993 INF-34 Department of Housing and Community Renewal Public Assistance Applicants/Recipients (DHCR) Regulation on Security Agreements in Public Housing D 1994 LCM-104 National Voter Registration Act D 1993 INF-30 Social Security Enumeration D 1994 LCM-91 Teleconference on Front End Detection System – D 1993 INF-29 Restaurant Allowances When Three Meals Are Pro- September 30, 1994 vided D 1994 LCM-81 Velasquez Injunction Required Action with Re- D 1993 INF-28 Revision to ABEL Input Sheet (DSS-3570A) spect to Poverty D 1993 INF-27 Revision of “Food Stamp Change Report Form” Level Respondents (DSS-3151) Rev. 3/93 D 1994 LCM-70 1994 Domestic Violence State Aid Rates (DSVAR) D 1993 INF-26 Revision of Client Information Books: DSS-4148A for Domestic Violence Residential Programs in New York State – “What You Should Know About Your Rights and Responsibilities D 1994 LCM-54 Three Informational Brochures (When Applying For or Receiving Social Services)”; DSS-4148B – D 1994 LCM-53 Implementation of Emergency Assistance to Fami- “What You Should Know About Social Services Programs”; DSS- lies (EAF) in Child Welfare 4148C – “What You Should Know If You Have An Emergency” D D 1994 LCM-50 1993 Domestic Violence Annual Report 1993 INF-25 Revision of DSS-4398: “WMS Non-Services Code D Cards” (December, 1992 Update) 1994 LCM-41 Teenage Custodial Parents D D 1993 INF-23 Revision of Mandated “Public Assistance Recertifi- 1994 LCM-29 Food Stamp Employment and Training (FSE&T) cation – Medical Assistance Status” (DSS-2114) Work Experience Programs D D 1993 INF-22 Economic Security Forms Implemented, Revised or 1994 LCM-15 Reimbursement Ceilings for Social Services for Made Obsolete in 1992 the Period October 1, 1993 through September 30, 1994 D D 1993 INF-18 Clarification of Lump Sum Policy for Retroactive 1994 LCM-05 RFI High Risk Report SSI Recipients 1993 D 1993 INF-11 PA Cost Containment: Implementation of Certain ADMs Provisions of Chapter 41 of the Laws of 1992 – Questions and Answers D 1993 ADM-39 Use of EAF for the Provision of Services Revised D 1993 INF-10 Electronic Benefit Issuance and Control System September 30, 1996 (EBICS) Questions and Answers D 1993 ADM-38 Public Assistance Category Clarification D 1993 INF-09 The 1993 Earned Income Credit Campaign D 1993 ADM-35 Shelter Arrears Payments Above Shelter Maxi- D 1993 INF-08 Food Stamp Income Exclusions: National Com- mums for Recipients of Aid to Dependent Children and Home Relief munity Service Act Funds and Revised Method of Calculating Income Under Emergency Home D 1993 INF-07 Revision of Applications (DSS-2921 and DSS-2921 Relief NYC) and Accompanying “How to Complete” Publications (PUB. D 1993 ADM-34 Foster Care and Adoption Assistance: Eligibility 1301 and PUB. 1301 NYC) and “Declaration of Citizenship/ Under Title IV-E, Emergency Assistance for Families (EAF), and the Immigration Status” Form (DSS-4060) Supplemental Security Income Program (SSI) D 1993 INF-03 Questions and Answers from May 21, 1992 Telecon- D 1993 ADM-33 Filing Unit: Adding Persons Reported or Found to ference on Immediate Needs Be in The Household D 1993 INF-02 Revision of “Shelter Verification” Form (DSS-3668) D 1993 ADM-31 Filing Unit: Social Security Benefits Received by D 1993 INF-01 Annual Index of Administrative Directives, Infor- Children and Their Parents mational Letters and Manual Bulletins for 1992 D 1993 ADM-26 Social Services District Implications of Chapter LCMs 713 of the Laws of 1981 (Home Energy Fair Practices Act) D D 1993 LCM-158 Treatment of Accelerated Life Insurance Pay- 1993 ADM-24 Model Contract for Local Purchase of Residential ments Domestic Violence Services Agreements D D 1993 LCM-150 Clarification to 93 LCM-26, dated March 22, 1993 ADM-21 Utilization of Veteran’s Benefits as a Resource 1993, on HIV/AIDS Confidentiality D 1993 ADM-20 DSS-2642 Documentation Requirements D 1993 LCM-147 Food Stamp Provisions of the 1993 Omnibus D 1993 ADM-14 New Procedures for Eligibility Workers Regarding Budget Reconciliation Act: Mickey Leland Childhood Hunger Relief Inquiry of Third Party Resources Act D 1993 ADM-13 Public Assistance Alien Sponsor Deeming Modi- D 1993 LCM-141 Social Services Block Grant Report and IV-B fied by the Minino and Ruiz vs. Perales Decision Plan for 1993 – 1997 D 1993 ADM-10 Public Assistance Consolidated Policy on Secur- D 1993 LCM-138 Fraud Prevention Booklet ing Housing D 1993 LCM-136 1993 Domestic Violence State Aid Rates D 1993-ADM-09 Quarterly Reporting System (QRS) (DVSAR) for Domestic Violence Residential Programs in New York D 1993 ADM-08 Disqualifications for Intentional Program Viola- State tions D 1993 LCM-132 1993 Forms Survey D 1993 ADM-07 PA and MA Eligibility: Changes in ADC-U D 1993 LCM-127 National Voter Registration Act of 1993 (“Motor Eligibility Requirements Voter”) D 1993 ADM-05 Public Assistance Eligibility: Retroactive Payment D 1993 LCM-124 1992 Domestic Violence Annual Report Process (DeAllaume vs. Perales) D 1993 LCM-120 Food Stamp Nutrition Education D 1993 ADM-04 Furnishing of Social Security Numbers as a Condi- D 1993 LCM-99 Providing Food Stamp and ADC Program Partici- tion of Public Assistance Household Eligibility pation Information to Local School Authorities D 1993 ADM-02 Public Housing: Changes to Shelter Allowances D 1993 LCM-65 Reimbursement Ceilings for Social Services for INFs the Period October 1, 1992 through September 30, 1993 D 1993 INF-49 Digest of Laws of 1993 Relating to Social Services D 1993 LCM-58 Food Stamp Data Analysis Report for 10/1/91 D 1993 INF-45 Revisions to Mandatory Client Notices through 9/30/92

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D 1993 LCM-20 Food Stamp Reinvestment Plan D 1992 INF-24 Revision of Certification Guide (DSS-3570) D 1993 LCM-14 Food Stamp Sanction Settlement D 1992 INF-22 Food Stamp Program: Processing of and Revisions D 1993 LCM-04 Lashieka Jackson vs. Perales: The Effect of the to Form DSS-2291 (Rev. 10/91), Statement of Non-Receipt of Food Filing Unit of the Lifting of The Jackson Injunction (83 ADM-7) Stamp Benefits 1992 D 1992 INF-21 Verification of Social Security Numbers ADMs D 1992 INF-17 Revision to Budget Worksheet – Public Assistance D 1992 ADM-46 Shelters for Families: Pre-Approval Process (DSS-548) (Rev. 12/91) D D 1992 ADM-44 Transfer of Resources: Changes in the Method of 1992 INF-16 Food Stamp Treatment of Payments to Qualified Calculating Transfer Penalty Periods Organizations serving as Representative Payees in the SSI Program D D 1992 ADM-43 Disregard of Loans for ADC Public Assistance 1992 INF-12 The 1992 Earned Income Credit Campaign Cases D 1992 INF-09 Verifying Eligibility: Special Determinations for D 1992 ADM-42 Public Assistance Budgeting: Treatment of Adop- Public Assistance Cases tion Subsidies D 1992 INF-08 Public Assistance Paternity Acknowledgment D 1992 ADM-41 Quality Control Reviews: Penalty for Non- D 1992 INF-07 Verification of Information Maintained by Banks Cooperation and Financial Institutions D 1992 ADM-40 Pursuing Support for Home Relief Applicants/ D 1992 INF-06 Revision to Budget Worksheet – Public Assistance Recipients and Revision of Related Forms (DSS-4279 and DSS-4280) (DSS-548) (Rev. 12/91) D 1992 ADM-39 Reimbursement Ceilings for Social Services for D 1992 INF-03 Revision of Continuous Pinfeed Version of “Notice the Period October 1, 1991 through September 30, 1992 of Intent to Change Benefits: PA, FS, MA Coverage and Services D 1992 ADM-37 Home Relief (HR) Plan of Self-Support (Timely and Adequate)” (DSS-4015C) D 1992 ADM-33 Front End Detection Systems (FEDS) D 1992 INF-02 Revision to ABEL Input Sheet (DS-3570A) D 1992 ADM-31 Filing Unit Rules for Sanctioned Persons D 1992 INF-01 Annual Index of Administrative Directives, Infor- D 1992 ADM-30 PA Budgeting: Prorating Grants According to Date mational Letters and Manual Bulletins for 1991 Specific Eligibility Rules LCMs D 1992 ADM-26 PA Cost Containment Implementation of Certain D 1992 LCM-197 Review of Local Rules, Regulations and Proce- Provisions of Chapter 41 of the Laws of 1992 dures 18NYCRR 300.6 – New Contact Person D 1992 ADM-22 Required Corrective Action Plan D 1992 LCM-193 Tax Refund Offset Process – 1993 General In- D 1992 ADM-20 PA Budgeting: Income of Sanctioned Public Assis- structions tance Recipients D 1992 LCM-182 Supplemental Security Income (SSI) Cost of Liv- D 1992 ADM-19 Absent Parent/Legally Responsible Relative Sub- ing Adjustment for Family Type Home for Adults Residents rogation D 1992 LCM-175 Quarterly Client Contact D 1992 ADM-17 PA Budgeting: Lump Sum Notification Procedures D 1992 LCM-149 NYPWA Committee Meetings: Distribution of D 1992 ADM-10 Requirement for Declaration of Citizenship/ Materials Immigration Status – Change in Food Stamp Requirement D D 1992 LCM-140 Final AFDC Data Analysis Report for 10/1/90 1992 ADM-09 Food Stamps: Income Exclusion for Homeless Through 9/30/91 Households in Transitional Housing D D 1992 LCM-122 Electronic Benefit Issuance and Control System 1992 ADM-07 Treatment of Lump Sum Workers’ Compensation (EBICS) PIN Security Requirements Awards D D 1992 LCM-116 Client Informational Material – Forty Five Day 1992 ADM-06 Treatment of Earned Income Tax Credit (EITC) Waiting Period for Home Relief Applicants D 1992 ADM-03 Food Stamps: Failure to Comply with Employ- D 1992 LCM-112 Recovery of Security Deposits from Landlords ment and Training Requirements (Non-Head of Household) D 1992 LCM-106 Providing Food Stamp and ADC Program Partici- INFs pation Information to Local School Authorities D 1992 INF-57 Revised “Programmatic Action Regulations Guide” D 1992 LCM-104 Domestic Violence: Questions and Answers DSS-4168 D D 1992 LCM-103 1991 Domestic Violence Annual Report 1992 INF-53 Digest of Laws of 1992 Relating to Social Services D D 1992 LCM-93 Resource File Integration 1992 INF-49 Introduction of Combined Recertification Form D (DSS-3174) and Accompanying “How To Complete” Publication 1992 LCM-59 Twelve Month Food Stamp Data Analysis Report (Pub. 1313) with Upstate Case Detail for 10/1/90 through 9/30/91 D D 1992 INF-48 Home Relief Drug/Alcohol Abuse Sanctions – Ques- 1992 LCM-34 1992 Domestic Violence State Aid Rates (DVSAR) tions and Answers for Domestic Violence Residential Programs in New York State D D 1992 INF-45 PA, MA, and FS Treatment of Escrow Accounts 1992 LCM-24 Photo ID’s – CBIC Cards EMEVS Processing Under the Family Self-Sufficiency (FSS) Program Administered by D 1992 LCM-22 Photo ID Requirements for AFSI Phase III (EBICS) the Department of Housing and Urban Development (HUD) D 1992 LCM-06 Non-Residential Services for Victims of Domestic D 1992 INF-42 Revision of Continuous Pinfeed Version of “Notice Violence of Intent to Change Benefits: PA, FS, MA Coverage and Services 1991 (Timely and Adequate)” (DSS-4015C) ADMs D 1992 INF-39 Revision to ABEL Input Sheet (DSS-3570A) D 1991 ADM-49 Reimbursement for Burials D 1992 INF-38 Revision of Two Food Stamp ABEL Budget Narra- D 1991 ADM-45 Recovery/Recoupment of Security Deposits or Se- tives (DSS-3959 and DSS-3961) curity Agreements, Finders’/Brokers’ Fees and Moving Expenses Due D 1992 INF-34 Revision to Mandatory Client Notices to Non-Payment of Rent D 1992 INF-31 Revision of “Shelter Verification” Form (DSS-3668) D 1991 ADM-44 Changes to Home Relief (HR/PG-ADC) Drug D 1992 INF-30 Revision of Mandated “Public Assistance Recertifi- Alcohol Rehabilitation Requirements cation – Medical Assistance Status” (DSS-2114) D 1991 ADM-43 Emergency Home Relief Income Eligibility D 1992 INF-28 Income Maintenance Forms Implemented, Revised Criteria and Other Changes to the Emergency Home Relief Program or Made Obsolete in 1991 D 1991 ADM-41 Food Stamps: Replacement of Coupons and Food

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D 1991 ADM-25 Section 8: Amendment to Department Regulation D 1991 INF-15 Revision of “Bank Inquiry and Clearance Report” 352.3(d) and the Effect of PA Households in Section 8 Rent Subsidy (DSS-760) (Rev.1/91) programs D 1991 INF-12 Filing Unit: A Non-Legally Responsible Caretaker D 1991 ADM-23 Treatment of German Reparation Payments Relative and a Natural Parent Reside with A Minor Dependent Child Received by Institutionalized Individuals D 1991 INF-10 Introduction of Continuous Pinfeed Version of “No- D 1991 ADM-09 Cancellation of Outdated or Duplicative Adminis- tice of Intent to Change Benefits: PA, FS, MA Coverage and Services trative Directives (Timely and Adequate)” (DSS-4015C) D 1991 ADM-06 PA and FS Disregards: Treatment of Agent Orange D 1991 INF-07 Monthly Reporting Retrospective Budgeting Payments (MRRB): Prospective Budgeting D 1991 ADM-03 Fuel Allowances for Dependent Children Residing D 1991 INF-06 Food Stamps: Treatment of Federal Pension Income with Self-Maintaining Non-Legally Responsible Caretakers (McMul- D 1991 INF-04 Unemployment Insurance Benefits (UIB): Perma- len vs. Perales, et al.) nent D 1991 ADM-01 Public Assistance Shelter and Fuel Needs for Chil- D 1991 INF-03 1990 Income Maintenance Regional Meetings Ques- dren in Foster Care tions and Answers INFs D 1991 INF-01 Annual Index of Administrative Directives, Infor- D 1991 INF-69 Revision of Applications and Recertification Ap- mational Letters and Manual Bulletins for 1990 plication (DSS-2921, DSS-2921(NYC), DSS-3174), Accompanying LCMs “How To Complete” Publications (Pub.1301, Pub. 1301(NYC), Pub D 1991 LCM-218 Individual Categorical Code 04 Military Service 1313) and “Declaration of Citizenship/Immigration Status” Form of Parent (DSS-4060) D D 1991 LCM-212 Domestic Violence Maintenance Grants 1991 INF-68 Food Stamps: MA Referral of Persons Termed Dis- D abled to Local District FS Staff 1991 LCM-210 Declaration of Citizenship/Alien Status D D 1991 INF-66 Public Assistance Sewer, Water and Garbage 1991 LCM-181 Payment of Child Care for Employed Caretaker Charges Relatives Prior to the Application of the Child Care Disregard D D 1991 INF-65 Revision to Public Assistance ABEL Budget Narra- 1991 LCM-149 Domestic Violence, Provisions of Chapter 53 of tives (DSS-3951, DSS-3952, DSS-3953, DSS-3954) (Rev. 10/91) the Laws of 1991 D D 1991 INF-64 Digest of Laws of 1991 Relating to Social Services 1991 LCM-139 Preventive Housing Grants D D 1991 INF-60 Revision of Client Information Books: DSS-4148A 1991 LCM-129 Recovery of Security Deposits from Landlords – “What You Should Know About Your Rights and Responsibilities D 1991 LCM-122 Energy Reconciliation Procedures (When Applying for or Receiving Social Services)” DSS-4148B– D 1991 LCM-91 DSS-3214 “Claims Against Households” Reten- “What You Should Know About Social Services Programs” DSS- tion Amounts 4148C – “What You Should Know If You Have An Emergency” D 1991 LCM-80 Increase in Federal Minimum Wage Level D 1991 INF-58 Clarification of Policy on Income-Producing Prop- D 1991 LCM-79 Child Support Pass-Throughs erty D D 1991 LCM-60 Disclosure of Information to the U.S. Department 1991 INF-57 Revisions to Mandatory Client Notices of Veterans’Affairs D 1991 INF-56 Fair Hearings – Compliance with Favorable Deci- D sions 1991 LCM-48 Filed Regulation 352.22(o) Filed Regulation D 352.22(v) Filed Regulation 504.5 1991 INF-51 Revised “Programmatic Action Regulations Guide” D DSS-4168 1991 LCM-46 Section 8: Proposed Change to Department D Regulation 352.3(d) to Establish a Shelter Schedule for Public Assis- 1991 INF-49 Food Stamps Quality Control Alert: Failure to tance Tenants Who Participate In The Section 8 Certificate Program Budget Correct Shelter Costs for Households Reporting Changes in D HUD Rent Subsidies 1991 LCM-45 Education for Homeless Children D D 1991 INF-48 Food Stamps Policy Clarification Regarding Aged, 1991 LCM-32 Federal Reimbursement for Cash/Medical Assis- Blind or Disabled Aliens Under the Immigration and Nationality Act tance and Administration Under the Refugee/Entrant Assistance (INA) Program(R/EAP) for FFY 91 D D 1991 INF-47 Food Stamps Quality Control Alert 1991 LCM-28 Filed Regulation 352.22(x) D D 1991 INF-41 Use of Uniform Terms and Names 1991 LCM-19 Information on High School Diploma Programs D D 1991-INF-38 Food Stamps: SSI/Food Stamp Joint Processing 1991 LCM-17 Fair Hearing Chargebacks Procedures 1990 D 1991 INF-35 Clarification of Requirements to Provide Client In- ADMs formation Books (DSS-4148A – “What You Should Know About Your D 1990 ADM-45 Emergency Assistance for Adults (EAA) – Perma- Rights and Responsibilities (When Applying for or Receiving Social nent Authorization Services)” and DSS-4148B – “What You Should Know About Social D 1990 ADM-44 Recipient Restriction Program Policy Changes Services Programs”) D 1990 ADM-41 New Client Informational Books: DSS-4148A – D 1991 INF-25 Resources File Integration “What You Should Know About Your Rights and Responsibilities D 1991 INF-24 Reduction of Certain Institutionalized Veterans’ (When Applying for or Receiving Social Services)” and DSS-4148B – Pension Benefits “What you Should Know About Social Services Programs” D 1991 INF-20 The 1991 Earned Income Credit Campaign D 1990 ADM-39 Revision of Public Assistance “Undue Hardship” D 1991 INF-19 Revision of Applications and Recertification Ap- Policy plication (DSS-2921, DSS-2921(NYC), DSS-3174) and Accompany- D 1990 ADM-38 Public Service Commission Regulations Regard- ing “How To Complete” Publications (Pub. 1301, Pub. 1301(NYC), ing Certain Private Waterworks Corporations Pub. 1313) D 1990 ADM-23 Food Stamps: Changes in Social Security Number D 1991 INF-18 Unemployment Insurance Benefits (UIB): Perma- Policy nent Provision to Extend Benefits to UIB Claimants in Training D 1990 ADM-22 Reimbursement Ceilings for Social Services for D 1991 INF-17 Digest of Laws of 1990 Relating to Social Services the Period October 1, 1989 Through September 30, 1990 D 1991 INF-16 Income Maintenance Forms Implemented, Revised D 1990 ADM-19 Preventive Services/Housing Services: Chapter or Made Obsolete in 1990 542 of the Laws of 1988

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D 1990 ADM-18 ADC and Food Stamps for Individuals in Congre- D 1990 INF-04 Food Stamp Program Treatment of Child Care Food gate Care Facilities Program (CCFP) Payments D 1990 ADM-17 Mandatory Notice: Disability Determinations D 1990 INF-03 Revisions to Applications and Recertification Forms D 1990 ADM-15 Cancellation of Outdated or Duplicative Adminis- and Their Companion Publications (DSS-2921, 2921(S), 2921(NYC), trative Directives 2921(NYC)(S), 3174, 3174(S); PUB-1301, 1301(S), 1301(NYC), D 1990 ADM-13 Eligibility Criteria for Emergency Home Relief 1301(NYC)(S), 1313 and 1313(S)) D 1990 ADM-08 Emergency Shelter Allowances for Persons with D 1990 INF-02 Public Assistance Security Deposits AIDS or HIV-Related Illness Faced with Homelessness D 1990 INF-01 Annual Index of Administrative Directives, Infor- D 1990 ADM-05 Claiming Burial Expenses Under the Aid to De- mational Letters and Manual Bulletins for 1989 pendent Children(ADC) Program LCMs D 1990 ADM-03 Changes in Earned Income Disregards: Amend- D 1990 LCM-182 Revised SDX (SSI) Instructions ments to Department Regulations D 1990 LCM-181 Filed Regulation 352.30(F) INFs D 1990 LCM-169 Training Fees Increase D 1990 INF-67 Revision of “Emergency Assistance For Adults Ap- plicant Statement” (DSS-2921A) D 1990 LCM-168 Local district IV-D Cooperative Agreements D 1990 INF-66 Revision of “Documentation/Verification Desk Aid” D 1990 LCM-165 Federal Lobbying Act-Certification Requirements (DSS-3666) D 1990 LCM-157 Welfare Reform Conference D 1990 INF-65 Revision of Client Information Books: DSS4148A – D 1990 LCM-155 Burials – Itemized Billing “What You Should Know About Your Rights and Responsibilities D 1990 LCM-153 Domestic Violence Maintenance Grants (When Applying for or Receiving Social Services)” and DSS-4148B – D “What You Should Know About Social Services Programs” 1990 LCM-135 PA Closing Reports for Notification of Transi- tional Child Care Benefits D 1990 INF-62 Errata 90 INF-62 (Revisions to DSS-3825 and Cancellation of DSS-3824), Transmittal Date November 9, 1990 D 1990 LCM-132 Teenage Services Act (TASA) D 1990 INF-57 Revisions to Mandatory Client Notices D 1990 LCM-131 Case Management Reimbursement for AIDS D 1990 INF-53 Errata 90 INF-53 (Food Stamp; Complaint D 1990 LCM-77 “Face Facts” Family Violence Prevention Cam- Procedures/Requirements) transmittal Date October 1, 1990 paign D 1990 INF-52 Grants of Assistance to Guide Dogs: Elimination of D 1990 LCM-73 AFDC Transitional Housing Demonstration Quarterly Report (DS-3094) D 1990 LCM-54 Teenage Services Act Evaluation D 1990 INF-49 Revision of “ADC-U Screening Checklist” (DSS- D 1990 LCM-42 Earned Income Credit Campaign 2502) D D 1990 LCM-41 PG-ADC Case Count Procedures 1990 INF-47 Food Stamp Notice for October 1, 1990 Food Stamp D Changes 1990 LCM-39 Unapplied/Undistributed Support Collections D 1990 INF-46 Revision of “Emergency Assistance For Adults Ap- D 1990 LCM-37 Effect of the Computer Matching and Privacy plicant Statement” (DSS-2921A) Protection Act of 1988 on Automated SDX/WMS Interface (ASWI) D 1990 INF-40 Revision of “Documentation Requirements” (DSS- Processing 2642) D 1990 LCM-27 Income and Resource Collection Subsystems D 1990 INF-39 Incapacity as an ADC Deprivation Factor (IRCS) D 1990 INF-34 Revision to Monthly Reporting Data Mailers (DSS- D 1990 LCM-22 Child Support Enforcement Referral for Title IV-E 3469; DSS-3469A) and Monthly Reporting Instructions (DSS-3469B; Foster Care Cases DSS-3469B(S)) D 1990 LCM-18 Lump Sum Retroactive SSI and RSDI Payments D 1990 INF-33 Treatment of Income from Certain Seniors Citizen D 1990 LCM-14 PG-ADC Adult Only Cases and Good Cause Programs for Public Assistance, Medical Assistance and Food Stamps Claims D 1990 INF-32 Revisions to Applications (DSS-2921 and DSS-2921 D 1990 LCM-13 Aliens and Public Assistance Applications (NYC)) 1989 D 1990 INF-31 The Earned Income Credit Campaign ADMs D 1990 INF-30 Home Relief (HR) Job Search Program Questions D 1989 ADM-52 Cancellation of Outdated or Duplicative Adminis- and Answers trative Directives D 1990 INF-27 Revision of “School Attendance Verification” Form D 1989 ADM-50 New Regulatory Requirements Regarding Eligibil- (DSS-3708) ity Mailout Questionnaires D 1990 INF-26 Food Stamp Program: Revision of Replacement D 1989 ADM-44 Home Relief Job Search Program Claim Statement – Food Stamp Program (DSS-2291, Rev. 1/90) D D 1989 ADM-41 Change of Policy Concerning Public Assistance 1990 INF-25 Revision of “Shelter Verification” Form (DSS-3668) Budgeting of Income From Roomers and Room and Boarders D 1990 INF-22 SSI: Budgeting of Income for Persons Living with (Boarder/Lodger Income) ADC Households D 1989 ADM-25 Elimination of the Six Month Hotel and Motel D 1990 INF-21 Revisions to Recertification Application (DSS-3174) Waiver Process and its Companion Publication (PUB-1313) D 1989 ADM-21 Mandatory Client Notices (Public Assistance, D 1990 INF-18 Food Stamps: Medicare Part B Premiums as a Medi- Food Stamps, Medical Assistance) cal Deduction D 1989 ADM-16 Cancellation of Outdated or Duplicative Adminis- D 1990 INF-17 Revision of Recertification Guide (DSS-3608) trative Directives D 1990 INF-13 Revision of “Declaration of Citizenship/Alien D 1989 ADM-12 Transmitting Applications for Social Security Status” form (DSS-4060) Numbers (SS-5s) to the Local Social Security Office D 1990 INF-08 “Programmatic Action Regulations Guide” DSS- D 1989 ADM-9 Notification to Monthly Reporting Households that 4168 Return a Late Incomplete Monthly Report Form & Language for Cli- D 1990 INF-06 Food Stamp Certification of Self Employed Farmers ent (Ruffin v. Perales) D 1990 INF-05 Revision to Food Stamp ABEL Budget Narratives D 1989 ADM-06 Public Assistance Additional Allowances Forms (DSS-3959, DSS-3960, DSS-3961 (DSS-3813, DSS-3814, & DSS-3815)

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D 1989 ADM-02 Home Relief Cash Allowance for Persons in Pub- D 1988 INF-58 Revision to Form DSS-2502: “ADC-U Screening lic Shelters for Adults (Thrower v. Perales) Checklist” and DSS-548 “Budget Worksheet – Public Assistance” INFs D 1988 INF-53 Availability of Special Funding to Operate Expanded D 1989 INF-70 Food Stamps: Budgeting of Certain Student Income Educational and Occupational Training Programs for HR & NPA Food D 1989 INF-61 Fire Insurance on Client Owned Property Stamp Recipients D D 1989 INF-60 Non-Public Assistance Food Stamp Notice for the 1988 INF-50 Food Stamp Categorical Eligibility: Budgeting of Federal Cost of Living Adjustment in Social Security and Supplemen- Food Stamp Households Retroactively Determined Eligible for SSI tal Security Income (SSI) D 1988 INF-47 Amendment to Department Regulations Increasing D 1989 INF-55 Lump Sums Public Assistance Exemption of Earnings of Family Day Care Provid- D ers 1989 INF-54 Participation by Pregnant Women in Emergency As- D sistance To Families (EAF) 1988 INF-45 Amendment of Department Regulation Regarding D Public Assistance Exemption of Student Earnings 1989 INF-47 Digest of Laws of 1989 Relating to Social Services D D 1988 INF-38 Revision to DSS-3342: “Food Stamp Program 1989 INF-46 Food Stamps: Application Processing for Migrant/ Disqualification Notice/Notice of Food Stamp Overissuance Action” Seasonal Farm workers D D 1988 INF-36 Revision of DSS-3153: “Continuing Your Food 1989 INF-34 Food Stamp Policy Regarding Eastern Airlines Strik- Stamps” ers D 1988 INF-34 Food Stamp Categorical Eligibility 87 ADM-35 D 1989 INF-33 Page Replacements for 89 ADM-18 D 1988 INF-30 Biggs v. Lyng – Home Relief/Interim Assistance D 1989 INF-32 Payment of Sales Tax for Public Assistance Recipi- Payments ents Placed in Hotels/Motels D 1988 INF-23 1988-1989 Comprehensive Employment Program D 1989 INF-31 Food Stamp Household Composition: Three Gener- (CEP) and the Food Stamp Employment and Training Program ation Household and Living With Siblings (FSET): Guidelines and Planning Documents D 1989 INF-29 Revision of “MA/FS Separate Determination Input D 1988 INF-16 Revised DSS-3890 Comment Sheet Form” (DSS-3558) D 1988 INF-11 Increase in Maximum Amount of Grant Which May D 1989 INF-25 Incapacity as an ADC Deprivation Factor Be Provided Toward Purchase of an Interest In a Cooperative in a D 1989 INF-22 SSI/SSA: Pursuit of Benefits by Certain Public As- Low Cost Housing Unit sistance Applicants/Recipients D 1988 INF-10 Revisions to the Second Monthly Reporting Mailer D 1989 INF-15 SSI Referrals of Individuals Dependent on Alcohol (DSS-3469A) or Drugs D 1988 INF-01 Annual Index of Administrative Directives, Infor- D 1989 INF-14 Digest of Laws of 1988 Relating To Social Services mational Letters and Manual Bulletins for 1987 D 1989 INF-12 Clarification of Alien Issues LCMs D D 1989 INF-03 1988-89 Home Energy Assistance Program (HEAP) 1988 LCM-43 Non-Discrimination Policy Concerning HIV and Questions and Answers AIDS D D 1989 INF-01 Annual Index of Administrative Directives, Infor- 1988 LCM-32 Public Assistance Training Manual mational Letters and Manual Bulletins for 1988 D 1998 LCM-11 Transfer of Assets LCMs D 1988 LCM-3 Filed Regulations D 1989 LCM-170 Claiming Reimbursement of Filing Fees for Court D 1988 LCM-1 New Communication Vehicle: Local Commission- Cases ers Memorandum (LCM) 1988 1987 ADMs ADMs D 1988 ADM-52 Cancellation of Outdated Administrative Direc- D 1987 ADM-52 Community Work Experience Program (CWEP) – tives ADC Work Experience D 1988 ADM-46 July 1, 1988 Increases in the SSI and HR Congre- D 1987 ADM-28 Monthly Reporting (Jensen v. Perales) gate Care Level II Rates and in the PNA For SSI Recipients in Medi- D 1987 ADM-25 Social Security Number Validation Process cal Facilities D 1987 ADM-24 Assistance for Newborns (Vega v. Perales) D 1988 ADM-40 Exclusion of Senior Community Service Employ- D 1987 ADM-14 Special Monthly Restaurant Allowance for ment Program (SCSEP) Income as Food Stamp Income Pregnant Women and Children D 1988 ADM-34 Cancellation of Outdated Administrative Direc- D 1987 ADM-05 Increase in Grants of Assistance to Guide Dogs tives (GAGD) Program D 1988 ADM-26 Cancellation of Outdated Administrative Direc- INFs tives D 1987 INF-66 Increase in the State Supplemental Personal Needs D 1988 ADM-06 Comprehensive Employment Report (CER) DSS- Allowance (SSPNA) 3545 (Re 11/87) D 1987 INF-64 Increase in Camp Fees D 1988 ADM-05 Cancellation of Outdated Administrative Direc- D 1987 INF-58 Elimination of 60 Day Limit on the Storage of tives Furniture and Personal Belongings Under the Emergency Assistance INFs to Adults Program (EAA) D 1988 INF-81 Clarification of Food Stamp Regional Meetings D 1987 INF-54 the Revision of the DSS-2425, Repayment of Questions and Answers Interim Assistance Notice D 1988 INF-75 Burial Spaces/Plots D 1987 INF-53 SSI Related Case Closing D 1988 INF-71 Social Security Numbers Issued Prior to January 1, D 1987 INF-52 Digest of Laws of 1987 Relating to Social Services 1972 for Purposes of Verifying Alien Status D 1987 INF-50 Prenatal Care Act of 1987: Chapter 822 of the Laws D 1988 INF-68 Graduate Student Assistantships of 1987 D 1988 INF-67 Refugee/Entrant Assistance Program: Eligibility of D 1987 INF-48 Education Services: Payment of Reduced Tuition Certain Amerasian Immigrants for Vocational Training at Board of Cooperative Education Services D 1988 INF-64 PA/Energy Voluntary Restriction Form (BOCES) Facilities

98 NYS Register/January 24, 2018 Guidance Documents

D 1987 INF-47 Literacy Volunteers of New York State. Inc. D 1986 INF-43 Permanency Practice Issue: Parental Involvement D 1987 INF-45 Expanded Child Care Demonstration Project With Their Children and With The Supervising Agencies D 1987 INF-42 Sales Tax on Food Stamp Purchases D 1986 INF-41 1986 Legislation Related to Victims of Domestic D 1987 INF-40 The Amendment of Subdivision (b) of Section 372.4 Violence of Title 18 NYCRR (EAF Property Repairs) D 1986 INF-37 Clarification of Certain Environmental Standards D 1987 INF-38 Food Stamp Client Education Video for Family Type Homes (Dept. Regulation Part 489) D D 1987 INF-37 Responsibility of Local Districts During the Fair 1986 INF-34 Revised State Form DSS-1552 and Instructions Hearings Process D 1986 INF-25 Home Energy Assistance Program (HEAP) Report- D 1987 INF-35 Food Stamp Eligibility for the Disabled: Press Re- ing Requirements of Section 6041 of the Internal Review Code (IRC) lease D 1986 INF-23 WMS Homeless Indicator D 1987 INF-32 Tax Credit Programs: Targeted Jobs Tax Credit D 1986 INF-18 Family-Type Homes for Adults: Responses to Ques- (TJTC) tions Raised by Local Staff at Regional Technical Assistance Sessions D 1987 INF-31 Energy Conservation Bank (ECB) D 1986 INF-15 Digest of Laws of 1986 Relating to Social Services D 1987 INF-30 New York Telephone Life Line D 1986 INF-12 Interstate Compact for the Placement of Children D 1987 INF-29 Income Maintenance Regional Meetings: Questions D 1986 INF-11 Utilization Trends of Section 473-a of the SSL Short and Answers Term Involuntary Protective Services Orders D 1987 INF-28 Adult Educational Services: Welfare Education D 1986 INF-07 Regulations for the Shelter for Families Program Program (WEP), Employment Preparation Education Program (EPE), D 1986 INF-03 Parental Visiting of Children in Foster Care and Adult Education Act (AEA – Also Known as Adult Basic Educa- D 1986 INF-02 Annual Index of Administrative Directives INF’s, tion (ABE) 1985 D 1987 INF-27 Job Training Partnership Act (JTPA): Remediation D 1986 INF-01 Digest of Laws of 1985 Relating to Social Services and Assessment Requirements Amendments for Summer Program- All Commissioners Letters ming 06/13/86 – Availability of Non-Liquid Resources D 1987 INF-26 “Food Stamp Restaurant Program for the Elderly and Disabled:” List of Authorized Restaurants 03/18/86 – Allowance for Furniture and Supplies D 1987 INF-25 Job Training Partnership Act (JTPA): Schedule for 03/18/86 – Increase in Visitor Allowance Modifications of the Job Training Plan JTPA Allocations (1987-88) 03/05/86 – Recoupment of Shelter Allowances Changes in the JTPA Title IIB Program – (Summer Youth) 1985 D 1987 INF-23 Job Training Partnership Act (JTPA): Title IIA ADMs Statewide Summary Report for July 1985 – June 1986 D 1985 ADM-49 Monthly Allowances for Supplemental Home D 1987 INF-19 Clarification of Excess Income Policy Energy Assistance D 1987 INF-18 Food Stamp Eligibility of Certain Aliens Admitted D 1985 ADM-45 Fair Hearings to Contest Determinations of Em- as Permanent Residents ployability D 1987 INF-17 Revised Food Stamp Standard Utility Schedules D 1985 ADM-38 Implementation in Local Social Services Districts D 1987 INF-16 Reimbursement for Educationally Handicapped of New and Revised Eligibility Documents for Public Assistance, Children Placed in Child Care Institutions or RTFs Medical Assistance and Food Stamps D 1987 INF-15 The Revision of the DSS-3021, AFDC/SSI Inter- D 1985 ADM-31 Underwood and Morgan v. Blum – Retroactive agency Request Form SSI Invisibility D 1987 INF-14 Submission of DSS-2550: Application Register (or D 1985 ADM-24 Work Incentive Program (WIN Demonstration) WINR 1140 – DS-2550 Food Stamp Application Register) and Other Changes that Affect All Districts D 1987 INF-12 Planning Year (PY) ’86 Hard to Serve Incentive D 1985 ADM-17 Procedures for Implementation of Legislation Awards Regarding Recipient Noncompliance with Employment Related D 1987 INF-10 Jobs Created by the NYS Job Development Author- Requirements (SSL § 131.5) ity Available to Public Assistance Recipients D 1985 ADM-09 Cooperative Cases (Danks v. Perales) D 1987 INF-07 Department of Social Services/State Education D 1985 ADM-01 Burial Trusts for SSI Recipients Department Employment Program Initiatives INFs D 1987 INF-05 Interagency Agreement Between the Department of D 1985 INF-10 Case Assessment and Prioritization Social Services and Office of Mental Health on Discharge Planning D 1985 INF-02 Annual Index of Administrative Directives/ D 1987 INF-03 Clarification of Employability Status of ADC Informational Letters 1984 Caretaker Relative with Children Under Six D 05/02/85 EIC D 1987 INF-01 Annual Index of Administrative Directives/ D 02/14/85 Public Housing Informational Letters, Manual Bulletins 1986 D 02/01/85 Support Pass-through 1986 1984 ADMs ADMs D 1986 ADM-42 Retroactive Budgeting of Three Generation D 1984 ADM-42 Water Allowances for PA Recipients Households (Yates et al. v. Buscaglia et al.) D D 1984 ADM-39 Implementation of the Applicable Provisions of 1986 ADM-40 Assistance to Recipients Who Move from One the Deficit Reduction Act of 1984 (Public Law 98-369) District to Another (Rogers v. Kramer) D D 1984 ADM-25 Fiscal Responsibility for Recipients Discharged 1986 ADM-27 Retroactive Aid Category Changes Directly from Mental Hygiene Institutions into Community Resi- D 1986 ADM-13 Client Requested Restricted Payments dences Certified by the Office of Mental Health D 1986 ADM-10 Revision of PA-Employment Related Sanctioning D 1984 ADM-20 PA Recertification – MA Status Notice to Recipi- Procedures ents INFs D 1984 ADM-10 Payment of the Supplemental Security Income D 1986 INF-47 Licensure of Home Care Services Agencies and Cer- (SSI) Rate to Home Relief (HR) Recipients in Congregate Care Facil- tification of Home Health Agencies ities

99 Guidance Documents NYS Register/January 24, 2018

D 1984 ADM-01 Exemption of JTPAAllowances Regarding 10-day Interim Assistance Accounting Period and Authori- INFs zation Processing Procedures. D 1984 INF-14 Digest of Laws of 1984 Relating to Social Services D 1982 ADM-49 Treatment of Earned Income Credits and Further D 1984 INF-06 Changes in the Preparation of Social Security Clarification of Other Provisions Covered in 81 ADM-55 Number Applications (Form SS-5) D 1982 ADM-24 Changes to the Refugee Social Services Assis- D 1984 INF-03 Annual Index of ADM Directives/INF Letters, 1983 tance Program and the Cuban/Haitian Entrant Program (CHEP) D 1982 ADM-17 Assignment and Subrogation (Chapter 319 Laws Letters of 1981) 09/25/1984 Prospective Budgeting D 1982 ADM-15 Budgeting Sick Pay Benefits as Earned Income 07/02/1984 Danks v. Perales (Pennick v. Blum and Buscaglia) 01/17/1984 – IAR D 1982 ADM-03 Folsom v. Blum: New Developments 1983 INFs ADMs D 1982 INF-24 Emergency Nutrition Aid Program for Pregnant D 1983 ADM-67 Grazyna Pasternak v. Blum: Exemption of Gradu- Women and Adolescents ate School Grants and Loans D 1983 INF-20 Procedures for the Use of the General Information D 1983 ADM-55 Stepparent Deeming (Kelly v. Perales) System (GIS) D 1983 ADM-53 Clarifications of Procedures in Authorizing EAF D 1982 INF-19 State Supplemental Personal Needs Allowance Payments (SSPNA) to SSI Recipients Placed in Certain Health Care Facilities D 1983 ADM-49 EAF Modification Confirmed by the U.S. Supreme Out-of-State Court in the Blum v. Bacon Litigation D 1982 INF-13 State Supplemental Personal Needs Allowance D 1983 ADM-48 Changes in the Refugee Assistance Program (RAP) D 1982 INF-07 Annual Index of ADM Directives/INF Letters, 1981 and Cuban/Haitian Entrant Program (CHEP) D 1982 INF-01 Increase in Veterans Pension Benefits for Service D 1983 ADM-45 Budgeting of Individuals and Families Temporar- Connected Disability ily Housed in Hotels/Motels All Commissioners Letter D 1983 ADM-38 Determining the Standard of Need for the Gross 09/08/1982 Recoupment Rate 10% Income Limitation 1981 D 1983 ADM-37 Tax Equity and Fiscal Responsibility Act of 1982 ADMs (P.L. 97-248) and Chapter 548 of the Laws of 1983: Rounding Down D 1981 ADM-67 EAF Modification Ordered by the U.S. Court of Provision Appeals in the Bacon v. Toia Litigation D 1983 ADM-30 Deeming of a Stepparent’s Income to PA Depen- D 1981 ADM-65 U.S. District Court Settlement: Montes v. Blum, dents Treatment of Shelter Allowance in Rental Disputes in ADC Cases D 1983 ADM-25 Tax Equity and Fiscal Responsibility Act of 1982 D 1981 ADM-63 Percey v. Blum Budgeting Earned Income on (P.L. 97-248): Military Service No Longer Deprivation Factor for Non-PA Legally Responsible ADC Caretaker Relatives ADC D D 1981 ADM-61 Further Court Order in the Swift v. Toia Case 1983 ADM-12 Clarification of New SSI Requirement: Disclosure D of Tax Return Information (82 ADM-67) 1981 ADM-56 ADC Child Care Allowance for Student Parents D D 1983 ADM-10 Failure to Cooperate with Child support Enforce- 1981 ADM-52 Public Law 97-35: Repealing the 20% Vendor ment Requirements: Vasquez v. Blum Restricted Payment Limitation and the Montes v. Blum Case D INFs 1981 ADM-51 Freedman v. Blum Decision D D 1983 INF-14 Burial Set Asides for SSI Recipients 1981 ADM-44 PA/SSI Households: Income of SSI Recipients – D Further Development in the Folsom v. Blum Case 1983 INF-08 Voter Registration Activities D D 1981 ADM-38 U.S. Circuit Court of Appeals Decision, Hayes and 1983 INF-07 Retrospective Monthly Accounting (RMA) in the Warren v. Blum, and U.S. District Court Decisions, Jamroz v. Blum Supplemental Security Income (SSI) Program and Markel v. Blum: Treatment of Educational Grants, Loans and D 1983 INF-05 Annual Index of ADM Directives/INF Letters, 1982 Scholarships D 1983 INF-02 Removal of the Remaining Sex Based Distinctions D 1981 ADM-27 Riddick v. Blum Court Decision in Social Services Law Section 131.5; Chapter 388 of the Laws of D 1981 ADM-26 Monthly Allowances for Home, Energy Needs, Ef- 1983 fective July 1, 1981 All Commissioners Letters D 1981 ADM-25 IV-A/IV-D Interface Record Keeping in Good 12/29/1983 IAR Cause Claims 08/15/1983 Transportation for Homeless Children D 1981 ADM-24 SSI/AFDC Payment Coordination Form DSS- 05/05/1983 Cooperation with CSEU 3021 1982 D 1981 ADM-01 Income of Illegal Aliens Ineligible for Public As- ADMs sistance and Care D 1982 ADM-78 Allen v. Blum: Budgeting the Income of a Spouse INFs or Parent Who Fails to Apply for Public Assistance D 1981 INF-32 Digest of Laws of 1981 Relating to Social Services D 1982 ADM-75 Elimination of Proration in PA cases Affected by D 1981 INF-28 New Interim Assistance Legislation Chapter 433 of the Swift v. Toia Case Laws of 1981 D 1982 ADM-74 Provision of Adequate and Timely Notice for HR D 1981 INF-14 Addendum to 1981 INF-10 Supplemented Recipients of SSI Benefits When the HR Benefit is D 1981 INF-12 Recently Enacted Federal Legislation Related to the Reduced or Discontinued Supplemental Security Income (SSI) Program D 1982 ADM-68 Public Work Project Worksites at Religious Institu- D 1981 INF-10 Clarification of Certain Issues Regarding Burial tions; Atchinson et al. v. Blum Trust for SSI Recipients D 1982 ADM-65 Nafziger et al. v. Blum D 1981 INF-09 Allocation of WIN Medical Expenditure Funds for D 1982 ADM-55 Rivers v. Schweiker et al. Federal Court Decision the Period October 1, 1979 through September 30, 1980

100 NYS Register/January 24, 2018 Guidance Documents

D 1981 INF-03 Annual Index of ADM Directives/INF Letters, 1980 D 1978 ADM-93 Maximum Utilization of SSI Program by Requir- D 1981 INF-02 Reallocation of WIN Services Funds for Federal ing ADC Applicants/Recipients Who Appear Disabled to Apply for Fiscal Year 1980 SSI D 1981 INF-01 Reallocation of WIN Medical Expenditure Funds D 1978 ADM-76 SSI/AFDC Payment Coordination Form DSS- for the Period October 1, 1979 through September 30, 1980 3021 1980 D 1978 ADM-71 Nondiscrimination-Handicapped Section 504- Rehabilitation Act of 1973 ADMs D D 1978 ADM-56 Public Assistance and Care for Migratory Seasonal 1980 ADM-98 Restricted Payments in ADC Cases Farm Workers D 1980 ADM-86 Cooperative Agreements and Inter-Agency Con- D 1978 ADM-55 Emergency Home Relief Grants for Presumptive tracts with Other Local Governmental Units SSI-Eligible Persons D 1980 ADM-64 Tax Credit Programs D 1978 ADM-48 Services to Victims of Domestic Violence: Special D 1980 ADM-44 Exception to procedures requiring PA applicant/ Care Homes as Authorized by Chapter 450 of the Laws of 1977 recipients to reapply for SSI benefits D 1978 ADM-26 Definition of “Appropriate Rehabilitative Pro- D 1980 ADM-42 Necessity of obtaining correct SSN for all gram” for Purposes of Home Relief Eligibility applicant/recipients and absent parents INFs D 1980 ADM-11 U.S. Supreme Court Decision in the Matter of D 1978 INF-37 Additional Food Stamp Reimbursement Califano v. Westcott: Extension of ADC-U Eligibility to Unemployed D 1978 INF-32 Automatic Four-Month Extension of MA for Certain Mothers and Its Impact on the Work Incentive and Work Rules Pro- Families Who Become Ineligible for ADC grams D 1978 INF-20 Digest of Laws of 1978 Relating to Social Services D 1980 ADM-4 Inter-district jurisdictional disputes D 1978 INF-19 Eligibility for Services to Victims of Domestic INFs Violence Programs D 1980 INF-23 1981 Clients’ Reporting Date Schedule – Work D 1978 INF-18 Reference Guide to SSI – Related IM Activities and Referral Programs D 1980 INF-14 Revised DSS 1776 Work Relief Project Activity D 1979 INF-17 Section 8 – Housing Assistance Payments (HAP) Work Sheet Program for Lower-Income Families D 1980 INF-10 Reallocation of WIN Services Funds for Federal D 1978 INF-08 Emergency Assistance for Adults (EAA) – A Desk Fiscal Year 1979 Reference Outlining Available Benefits D 1980 INF-07 1980 Census 1977 D 1980 INF-06 List of Records Maintained by DSS (Freedom of In- ADMs formation Law) D 1977 ADM-138 Court of Appeals Decision: Lee v. Smith and Its D 1980 INF-04 Allocation of WIN Medical Expenditures Funds for Effect on the Home Relief Program the Period October 1, 1978 through September 30, 1979 D 1977 ADM-134 Treatment of Educational Grants, Loans and D 1980 INF-02 Annual Index of ADM Directives/INF Letters, 1979 Scholarships All Commissioners Letter D 1977 ADM-130 Federal Regulations Concerning Nondiscrimina- 08/20/1980 Swift v. Toia tion against the Handicapped 1979 D 1977 ADM-96 Budgeting of Applicant Who is an “Essential ADMs Person” in an Active SSI Case D D 1979 ADM-82 Burial Trust for SSI recipients 1977 ADM-85 Congregate Care Directory D D 1979 ADM-02 Child Care for Employed ADC/HR Applicants/ 1977 ADM-59 Separation of Services from Income Maintenance Recipients D 1977 ADM-56A Initial Case Review MIL Maintenance Program INFs and Rebudgeting D D 1979 INF-32 Automatic Four-Month Extension of MA for Certain 1977 ADM-56 Minimum Income Level (MIL) Maintenance Pro- Families who Become Ineligible for ADC gram D D 1979 INF-20 Digest of Laws of 1978 Relating to Social Services 1977 ADM-54 Emergency Assistance to Adults (EAA) – Direct D Deposit Program for SSI Checks 1979 INF-19 Revised CETA Referral/Enrollment Form D D 1977 ADM-40 Change in Procedures Regarding the Use of Timely 1979 INF-18 Reference Guide to SSI – Related IM Activities and and Adequate Notices During an Eligibility Questionnaire Mail-Out Programs Project D 1979 INF-17 Section 8 – Housing Assistance Payments (HAP) D 1977 ADM-26B Citizenship and Alien Status as a Condition for Program for Lower-Income Families Public Assistance and Care D 1979 INF-15 Revised CETA Desk Aid D 1977 ADM-26 Citizenship and Alien Status as a Condition for D 1979 INF-14 Settlement of International Union of Electrical Public Assistance and Care Workers (I.U.E.) v. Bergland Lawsuit D 1977 ADM-25 Chapter 77 of the Laws of 1977: Duplicate Assis- D 1979 INF-13 Aliens – Permanent Residence Under Color of Law tance Payments D 1979 INF-08 Emergency Assistance for Adults (EAA) – A Desk D 1977 ADM-22 Settlement in the Case of Jefferies v. Sugerman, Reference Outlining Available Benefits Clarification of Policy with Respect to Four-Year College Students D 1979 INF-07 Pen and Ink Correction of ‘78 INF-8 (EAA Desk Who Are Applicants and Recipients of AFDC Reference) D 1977 ADM-06 Recoveries of Advance Allowances for Rent and/or D 1979 INF-05 Disregard of Per Capita Judgment Fund Paid to Utilities (Reves v. Dumpson & Lavine) Indians INFs 1978 D 1977 INF-23 Access to Social Security Administration Income ADMs Information D 1978 ADM-95 Foran v. Dimitri – Sanctioned for Failure to D I977 INF-15 Pass-Through of Federal Cost-of-Living Increases to Comply with Part 385 Requirements SSI Recipients and Increases in State Supplement Payments

101 Guidance Documents NYS Register/January 24, 2018

D 1977 INF-12 List of Available Records for NYS DSS - Freedom D 1975 INF-33 Final Federal Regulations Under Title XX of Information Law D 1975 INF-29 Implementation of New Federal Paternity and Sup- D 1977 INF-09 Upgrading of “Less Than Honorable Discharge from port Requirements Military Service” D 1975 INF-25 Desk Aid – CETA - Program and Policies D 1977 INF-01 Recent SSI Legislation D 1975 INF-11 Model Regulations for Public Access to Records 1976 Freedom of Information Law D ADMs 1975 INF-09 Interim Payments Under Home Relief for SSI D Eligibles – Continuation of Instructions in 74-ADM-176 1976 ADM-122 Clarification of Policy, Sanctions for Voluntarily D Terminating Employment, Milne, et al. vs. Lavine, et al. 1975 INF-07 Family Planning Services – Flyer “The Smaller Size” D 1976 ADM-121 Miscellaneous Shelter Grants and Allowances 1974 D 1976 ADM-115 Date of Initial Entitlement of Assistance for ADMs Eligible Applicants D 1974 ADM-132 Freedom of Information Law: Implementation by D 1976 ADM-110 EAA Policy: Claiming for Repairs To, or Mainte- Local Districts nance On, Property Not Owned by the SSI Occupant D 1974 ADM-124 Emergency Assistance to Adults (EAA) D 1976 ADM-104 Exceptions to the Timely Notice Requirement in D 1974 ADM-96 Continuation of Assistance Payments, Medical As- Certain Cases of Proposed Adverse Action sistance Authorization and Food Stamp Authorization When Fair D 1976 ADM- 87 EAF Clarification of Policy Hearing is Requested D D 1976 ADM-60 Privacy Act Notice – Disclosure and Use of Social 1974 ADM-83 Fraud Investigations of Voluntary Case Closings Security Number Occurring During the Public Assistance and Medical Assistance Face- D to-Face Recertification Programs 1976 ADM-31 Replacement Cost of Clothing D D 1974 ADM-79 Standards of Assistance – Monthly Grants and Al- 1976 ADM-09 Client Reminder to Report Change lowances D 1976 ADM-09A Client Reminder to Report Change (Spanish Ver- D 1974 ADM-26 Recommended Procedure to Reduce the Incidence sion) of Illegal Welfare Check Cashing D 1976 ADM-07 Welfare Enumeration – Revision of Required Pro- D 1974 ADM-24 Shelter Allowances cedures D 1974 ADM-11 Averaging of Earned Income for ADC Recipients INFs D 1974 ADM-06 Emergency Assistance to Adults D 1976 INF-35 Requirement for Use of New Forms DSS-2655 and DSS-2657 INFs D D 1976 INF-34 Bonus Payments to ADC Families Under Title IV-D 1974 INF-34 PA for Strikers D D 1976 INF-33 List of Available Records for NYS DSS Freedom of 1974 INF-28 Disregards of Payment Received Pursuant to the Information Law Alaska Native Claims Act D D 1976 INF-25 Federal Policy Clarification 1974 INF-20 Information Flow and Processing, PA Eligibility D 1976 INF-23 Digest of Laws of 1976 Relating to Social Services 1973 D 1976 INF-22 Family Planning Services Flyer, “The Stork Should WIN ADM Be An Invited Guest” D 1973 WIN ADM-09 Application of #30 and 1/3 Earned Income D 1976 INF-14 List of Available Records for NYS DSS Freedom of Disregard Information Law PWDs (Administrative Letters) D 1976 INF-13 Evidentiary Requirements for Case Actions and FH D 1973 PWD-182 Clarification of Admin. Letter 73 PWD-159 Re- for “Man-in-House” Cases lating to Investigation and Eligibility; Continued Federal Court Order D 1976 INF-09 Title IV-D, Change of Payee Under Assignment of in Lewis v. Lavine Admin. Letter 73 PWD-88 Right D 1973 PWD-173 Right to Apply for Public Assistance and Action D 1976 INF-02 EAF Court Decision – Baumes v. Lavine of Suspension of Assistance Eliminated D D 1976 INF-01 Introduction to DSS-2487, Notice of CETA Referral 1973 PWD-161 Addendum to Admin. Letter 73 PWD-93 of or Enrollment 6/18/73 (Requirements Applicable to Fraud Cases) D 1975 1973 PWD-159 Investigation and Eligibility D ADMs 1973 PWD-157 Application for Public Assistance D D 1975 ADM-131 1975 Index to ADM/INF Letters and List of 1973 PWD-131 Dublino v. NYS DSS (Non-Win Districts Only) Releases Superseded in 1975 D 1973 PWD-124 Security Deposit for Gas and Electric Service D 1975 ADM-108 EAA-Program Amendment and Expansion D 1973 PWD-09 (1) State Approval for Sale of Conveyed Real D 1975 ADM-86 N.Y. Court of Appeals Decision: Jones v. Lavine Estate prior to Death of Recipient (2) Redemption of Real Property (Westchester Co.); Domine and Gipson v. Lavine (Albany Co.); After a Deed or Mortgage Has Been Given to a Social Services District Duplicate Assistance Payments Under the Emergency Assistance for INFs Families (EAF) Program (S.S.L. § 350-j; 18 NYCRR § 372.2(c); D 1973 INF-48 Recipient Non-Payment of Shelter Expenses Expedited Hearings Under EAF D 1973 INF-34 Digest of Laws of 1973 Relating to Social Services D 1975 ADM-85 MA Eligibility of Children in Foster Care D 1973 INF-13 NYS DSS Response to Natural Disasters D 1975 ADM-78 Expedited Hearings for EAF/EAA D 1973 INF-01 Release of Information to Internal Revenue Service D 1975 ADM-73 Family Planning Services 1972 INFs PWDs (Administrative Letters) D 1975 INF-56 List of Available Records for NYS DSS Freedom of D 1972 PWD-157 Decisions & Actions Information Law D 1972 PWD-149 Dublino Case Court Order: HR Employables; D 1975 INF-45 Federal Legislation, “Emergency Housing Act of Notice to Recipients Relative To Right to Fair Hearing on Determina- 1975” (PL 94-50) tion of Employability pursuant to Section 131.4 of the Social Services D 1975 INF-42 Improper Practices by Rental Brokers law and Part 385 of the Regulations

102 NYS Register/January 24, 2018 Guidance Documents

D 1972 PWD-148 Court Order in Case of Dublino v. Wyman (New MB 26a - Restoring Employables to Self-Support York State Work Rules) MB 17h - Distribution of Informational Pamphlets and Notification D 1972 PWD-147 Inclusion of Full Shelter Allowance in One Semi- to Applicants and Recipients of Public Assistance and Care Monthly Check D 1972 PWD-137 Shelter Payments – Chapter 943 Laws of 1972 D 1972 PWD-133 laws of 1972 – Amendment to Social Services Law, in Relation to Rent Security Deposits D 1972 PWD-84 Revised WIN Program (III), Budgeting of WIN Enrollees Who Are Employed or in OJT D 1972 PWD-23 Public Works Project – Workmen’s Compensation D 1972 PWD-16 Inquiry and Report on Unemployment Insurance Benefits Form DSS-1416 D 1972 PWD-08 FSP – Instructions for Local Districts on Recipient Claim Determinations INF D 1972 INF-37 Educational Services for Children of Families Resid- ing in Motel/Hotels 1971 PWDs (Administrative Letters) D 1971 PWD-105 Photo ID Cards D 1971 PWD-103 Grouping of Districts by PA Caseload D 1971 PWD-81 Photo ID Cards D 1971 PWD-75 Possible Travel to be Reporting to DA D 1971 PWD-68 Chapter 123 of the Laws of 1971 D 1971 PWD-63 Photo Identification Cards D 1971 PWD-62 Volunteers D 1971 PWD-61 Lopez v. Wyman D 1971 PWD-55 Welfare Residency Requirements D 1971 PWD-46 Study of Characteristics of Recipients of Home Relief D 1971 PWD-41 Separation of Services, Guidelines Pursuant to Chapter 109, Laws of 1971, Supplemental to Admin Letter ’71 PWD-23 D 1971 PWD-21 Standards of Assistance 1970 PWD (Administrative Letter) D 1970 PWD-84 Location of SSD Office INF D 1970 INF-22 Digest of Laws of 1970 Relating to Social Services 1968 PWDs (Administrative Letters) D 1968 PWD-41 Exemption of Income and Resources D 1968 PWD-13 Reporting of ADC Children in Need Due to Absence of Parents INFs D 1968 INF-29 Digest of Laws of 1968 Relating to Social Services D 1968 INF-17 Cuban Refugee Program: Adjustment of Status from Parolee to Permanent Resident Manual Bulletins (undated) MB 195 - Compilation of Requirements for the Provision of Social Services MB 185 - EAF MB 181 - Work – Related Benefits MB 178 - Protection Against Discriminatory Practices MB 175 - Caseload and Supervisory Standards MB 169 - Requirements Applicable to Fraud Cases MB 137b - Disclosure of Information MB 134 - Standard of Need MB 128 - Fair Hearings MB 91b - Determination of Initial and Continuing Eligibility for Public Assistance or Care MB 90h - Official Releases

103

SECURITIES OFFERINGS

STATE NOTICES Capital Real Estate - Palm Valley, LLC 1800 Larimer St., Suite 1700, Denver, CO 80202 Published pursuant to provisions of General Business Law State or country in which incorporated — Colorado limited liability [Art. 23-A, § 359-e(2)] company

DEALERS; BROKERS CCC-Flagstaff, LLC 431 Ofﬁce Park Dr., Birmingham, AL 35223 State or country in which incorporated — Delaware

2301 Renaissance Partners, L.P. Clare Inc. c/o Corithian Property Group, LLC, 148 E. Princeton St., Bala 135 Bowery, 7th Fl., New York, NY 10002 Cynwyd, PA 19004 State or country in which incorporated — Delaware Partnership — 2301 Renaissance GP, LLC Colt Capital Partners GP, LLC Altamira Gold Corp. 442 Broadway, 2nd Fl., New York, NY 10012 Suite 1500, 409 Granville St., Vancouver, BC, Canada V6C 1T2 State or country in which incorporated — Canada Conservation Labs, Inc. 346 Pearl St., Brownsville, PA 15417 Anderson Pointe Investments, LLC State or country in which incorporated — Delaware 210 E. 2nd Ave., Suite 105, Rome, GA 30161 State or country in which incorporated — Delaware Dalston Real Estate Partners, LLC 2140 S. Dupont Hwy., Camden, DE 19934 Ark Global Asset Management, LLC Partnership — Mayfair Strategies, LLC 1537 Chandler Dr., Salt Lake City, UT 84103 Delmar Bancorp Atlas Cloud Enterprises, Inc. 2245 Northwood Dr., Salisbury, MD 21801 308 E. 5th Ave., Vancouver, BC, Canada V5T 1H4 State or country in which incorporated — Maryland State or country in which incorporated — Canada Dermody Properties Industrial Fund Fresno REIT LLC Benedict Value Fund, L.P. 5500 Equity Ave., Reno, NV 89502 Partnership 19605 NE. 8th St., Camas, WA 98607 — Dermody GP, LLC Partnership — Nierenberg Investment Management Company, Inc. DPIF Bonnie View REIT LLC 5500 Equity Ave., Reno, NV 89502 Blue Hill Group Tethis LP Partnership — Dermody GP, LLC c/o Blue Hill Group Tethis GP LLC, 6350 Quadrangle Dr., Suite 210, Chapel Hill, NC 27517 eBrevia, Inc. Partnership — Blue Hill Group Tethis GP LLC Six Landmark Square, 4th Fl., Stamford, CT 06901 State or country in which incorporated — Delaware Boardman Bay Optical Opportunities, LP 1120 Avenue of the Americas, 4th Fl., New York, NY 10036 Energy Capital Partners IV, LP Partnership — Boardman Bay Optical GP LLC 51 John F. Kennedy Pkwy., Suite 200, Short Hills, NJ 07078 Partnership — Energy Capital Partners GP IV, LP Bourne Seniors Housing IV, LLC 228 Park Ave. N, Suite A, Winter Park, FL 32789 Energy Capital Partners IV-A, LP State or country in which incorporated — Delaware 51 John F. Kennedy Pkwy., Suite 200, Short Hills, NJ 07078 Partnership — Energy Capital Partners GP IV, LP

BRS & Co. IV, L.P. Energy Capital Partners IV-B, LP 126 E. 56th St., 29th Fl., New York, NY 10022 51 John F. Kennedy Pkwy., Suite 200, Short Hills, NJ 07078 Partnership — BRS GP IV, L.P. Partnership — Energy Capital Partners GP IV, LP

BRS Coinvestor IV, L.P. Energy Capital Partners IV-C, LP 126 E. 56th St., 29th Fl., New York, NY 10022 51 John F. Kennedy Pkwy., Suite 200, Short Hills, NJ 07078 Partnership — BRS Coinvestor GP IV, L.L.C. Partnership — Energy Capital Partners GP IV, LP

105 Securities Offerings NYS Register/January 24, 2018

Energy Capital Partners IV-C Offshore Feeder, LP Lanternback Onshore Fund, L.P. 51 John F. Kennedy Pkwy., Suite 200, Short Hills, NJ 07078 220 Montgomery St., Suite 460, San Francisco, CA 94104 Partnership — Energy Capital Partners IV, LLC Partnership — Lanternback General Partner LLC

Energy Capital Partners IV-D, LP LiveXLive Media, Inc. 51 John F. Kennedy Pkwy., Suite 200, Short Hills, NJ 07078 269 S. Beverly Dr., Suite 1450, Beverly Hills, CA 90212 Partnership — Energy Capital Partners GP IV, LP State or country in which incorporated — Delaware

Falchion Offshore Fund, Ltd. LL Capital Partners II, L.P. c/o Maples Corporate Services Limited, PO Box 309, Ugland House, 2929 Arch St., Suite 325, Philadelphia, PA 19104 Grand Cayman, Cayman Islands KY1-1104 Partnership — LL Capital Partners II, L.P. State or country in which incorporated — Cayman Islands LL Private Lending Fund II, L.P. Fermata, LLC 2929 Arch St., Suite 325, Philadelphia, PA 19104 1705 Lambs Rd., Charlottesville, VA 22901 Partnership — LL Private Lending Fund II, L.P.

Flat Footed I LP Marlin Gold Mining Ltd. 3415 N. Pines Way, Suite 205, Wilson, WY 83014 2833-595 Burrard St., Vancouver, BC Canada V7X 1J1 Partnership — Flat Footed GP LLC State or country in which incorporated — Canada

Flow Capital Management, LLC Patient Home Monitoring Corp. One Purlieu Place, Suite 100, Winter Park, FL 32792 1019 Town Dr., Wilder, KY 41076 State or country in which incorporated — Canada Forebright New Opportunities Fund II, L.P. c/o Walkers Corporate Limited, Cayman Corporate Centre, 27 Peregrine Turbine Technologies, LLC Hospital Rd., George Town, Grand Cayman KY1-9008, Cayman 29 S. Point Dr., Wiscasset, ME 04578 Islands State or country in which incorporated — Maine Partnership — FNOF GP II Limited Pieces Co-Investment Fund II, LP G4 Capital Partners III, LP 25 Broadway, 9th Fl., New York, NY 10004 14 Skillman St., Roslyn, NY 11576 Partnership — Pieces Co-Investment II GP, LP Partnership — G4 Capital Advisors III, LLC Premium Vitals LLC Gondor Partners, LP 75 E. Shore Rd., Upper Level, Great Neck, NY 11023 14 Wall St., 20th Fl., New York, NY 10005 State or country in which incorporated — New York Partnership — Gondor Capital Management, LLC PEPF 100 Halcyon REIT, LLC Gondor Partners, Ltd. 801 Grand Ave., Des Moines, IA 50309 14 Wall St., 20th Fl., New York, NY 10005 Partnership — Principal Enhanced Property Fund GP, LLC State or country in which incorporated — Cayman Islands PEPF 100 N Addison REIT, LLC Heritage Insurance Holdings, Inc. 801 Grand Ave., Des Moines, IA 50309 2600 McCormick Dr., Suite 300, Clearwater, FL 33759 Partnership — Principal Enhanced Property Fund GP, LLC State or country in which incorporated — Delaware PEPF Capital Distribution Center REIT, LLC Hope Capital Partners, LP 801 Grand Ave., Des Moines, IA 50309 571 Indian Harbor Rd., Vero Beach, FL 32963 Partnership — Principal Enhanced Property Fund GP, LLC Partnership — RKA Capital Group, LLC

Hornet Corporation PEPF Monument III REIT, LLC 111 Imperial Blvd., Bldg. D400, Hendersonville, TN 37075 801 Grand Ave., Des Moines, IA 50309 Partnership State or country in which incorporated — Tennessee — Principal Enhanced Property Fund GP, LLC

Kadena LLC PEPF Sugarloaf REIT, LLC 146 17th St., Unit 2D, Brooklyn, NY 11215 801 Grand Ave., Des Moines, IA 50309 Partnership — Principal Enhanced Property Fund GP, LLC Kingsford Capital Partners, L.P. 1160 Brickyard Cove Rd., Suite 300, Point Richmond, CA 94801 Predictive Discovery Ltd. Partnership — Kingsford Capital Management, LLC Level 2, 33 Ord St., West Perth, Australia 6005 State or country in which incorporated — Australia Kotak Mahindra Inc. 369 Lexington Ave., 28th Fl., New York, NY 10017 Prodigy Absolute Return Fund, LLC State or country in which incorporated — Delaware 14100 Crawford St., Boys Town, NE 68010-7520

KPG Curtis Investors Parallel, L.P. Riot Blockchain, Inc. 125 E. Elm St., Suite 400, Conshohocken, PA 19428 202 6th St., Suite 401, Castle Rock, CO 80104 Partnership — KPG Curtis Investors GP, LLC State or country in which incorporated — Nevada

106 NYS Register/January 24, 2018 Securities Offerings

Sailﬁsh Royalty Corp. XFA, LLC Sea Meadow House, Blackburne Hwy., P.O. Box 116, Road Town, 440 S. LaSalle, Suite 2900, Chicago, IL 60605 Tortola, British Virgin Islands VG1110 State or country in which incorporated — Illinois State or country in which incorporated — Virgin Islands

Scytale Capital GP, LLC 31-10 37th Ave., Suite 303, Long Island City, NY 11101

ShUX Enterprise, Inc. 22 Blackberry Lane, Center Moriches, NY 11934 State or country in which incorporated — Delaware

Sixteenth Street Asian GEMS Fund #08-01, The Globe, 100 Cecil St., Singapore 069532 State or country in which incorporated — Cayman Islands

Steamboat Capital Partners Offshore Fund, Ltd. 420 Lexington Ave., Suite 2300, New York, NY 10170 State or country in which incorporated — Cayman Islands

Synapse Capital LP 2443 Fillmore St., #380-6657, San Francisco, CA 94115 Partnership — Synapse Capital Management LLC

Texas Securities, Inc. 4024 Nazarene Dr., Suite B, Carrollton, TX 75010 State or country in which incorporated — Texas

Tibet Avenue Holdings, LLC 55335 Rte. 25, Southold, NY 11971 State or country in which incorporated — Georgia

TIO Foods LLC 120 E. 23rd St., 5th Fl., New York, NY 10010 State or country in which incorporated — Florida

Tobi Tobin Corporation 11693 San Vicente Blvd., Suite C, Los Angeles, CA 90049 State or country in which incorporated — California

Verrica Pharmaceuticals Inc. 200 Garrett St., Suite S, Charlottesville, VA 22902 State or country in which incorporated — Delaware

Viemed Healthcare, Inc. 202 N. Luke St., Lafayette, LA 70506 State or country in which incorporated — Canada

Viscogliosi Brothers Venture Partners VI, LLC c/o Musculoskeletal Partners VII, LLC, 505 Park Ave., 14th Fl., New York, NY 10022 State or country in which incorporated — Delaware

Vista Opportunistic Credit Fund I, L.P. Four Embarcadero Center, 20th Fl., San Francisco, CA 94111 Partnership — Vista Opportunistic Credit Fund I GP, LLC

Wells Capital Management Incorporated 525 Market St., 10th Fl., San Francisco, CA 94105 State or country in which incorporated — California

Westpark 85 Phase I REIT, LLC 801 Grand Ave., Des Moines, IA 50309 Partnership — Principal Enhanced Property Fund GP, LLC

Worthy Peer Capital, Inc. 4400 N. Federal Hwy., Suite 210-12, Boca Raton, FL 33431 State or country in which incorporated — Delaware

107

ADVERTISEMENTS FOR BIDDERS/CONTRACTORS

attending the pre-bid site visit will not be admitted on facility grounds SEALED BIDS without proper photo identification. Note that parking restrictions and security provisions will apply and all vehicles will be subject to search. PROVIDE Phone the office of Shannon Landolfa, (845) 831-3111 a minimum DAI/EVP DOORS AND VISION PANELS of 72 hours in advance of the date to provide the names of those who Fishkill Correctional Facility will attend the pre-bid site visit. Beacon, Dutchess County The Office of General Services reserves the right to reject any or all bids. Sealed bids for Project No. Q1728-C, for Construction Work, The Bidding and Contract Documents for this Project are available Provide DAI/EVP Doors & Vision Panels, Building 21-2, Fishkill on compact disc (CD) only, and may be obtained for an $8.00 deposit Correctional Facility, Prospect Street, PO Box 307, Beacon (Dutchess County), NY, will be received by the Office of General Services per set, plus a $2.00 per set shipping and handling fee. Contractors (OGS), Design & Construction Group (D&C), Division of Contract and other interested parties can order CD’s on-line through a secure Management, 35th Fl., Corning Tower, Empire State Plaza, Albany, web interface available 24 hours a day, 7 days a week. Please use the NY 12242, on behalf of the Department of Corrections and Com- following link at the OGS website for ordering and payment munity Supervision, until 2:00 p.m. on Wednesday, January 31, 2018, instructions: http://www.ogs.ny.gov/bu/dc/esb/acquirebid.asp when they will be publicly opened and read. Each bid must be pre- For questions about purchase of bid documents, please send an pared and submitted in accordance with the Instructions to Bidders e-mail to [email protected], or call (518) 474-0203. and must be accompanied by a certified check, bank check, or bid For additional information on this project, please use the link below bond in the amount of $21,200 for C. and then click on the project number: https://online.ogs.ny.gov/dnc/ All successful bidders will be required to furnish a Performance contractorConsultant/esb/ESBPlansAvailableIndex.asp Bond and a Labor and Material Bond in the statutory form of public bonds required by Sections 136 and 137 of the State Finance Law, By John D. Lewyckyj, Deputy Director each for 100% of the amount of the Contract estimated to be between OGS - Design & Construction Group $250,000 and $500,000 for C. Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between DECOMMISSION OGS D&C and a bidder during the procurement process. A bidder is WATER SYSTEM restricted from making contacts from the earliest posting, on the OGS Helen Hayes Hospital website, in a newspaper of general circulation, or in the Contract West Haverstraw, Rockland County Reporter of written notice, advertisement or solicitation of offers through final award and approval of the contract by OGS D&C and Sealed bids for Project No. 45518-C, for Construction Work, the Office of the State Comptroller (“Restricted Period”) to other than Decommission Water System, Helen Hayes Hospital, Route 9W, West designated staff unless it is a contact that is included among certain Haverstraw (Rockland County), NY, will be received by the Office of statutory exceptions set forth in State Finance Law § 139-j(3)(a). General Services (OGS), Design & Construction Group (D&C), Divi- Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in sion of Contract Management, 35th Fl., Corning Tower, Empire State the Division of Contract Management, telephone (518) 474-0203, fax Plaza, Albany, NY 12242, on behalf of the Department of Health, until (518) 473-7862 and John Lewyckyj, Deputy Director, Design & 2:00 p.m. on Wednesday, January 24, 2018, when they will be publicly Construction Group, telephone (518) 474-0201, fax (518) 486-1650. opened and read. Each bid must be prepared and submitted in accor- OGS D&C employees are also required to obtain certain information dance with the Instructions to Bidders and must be accompanied by a when contacted during the restricted period and make a determination certified check, bank check, or bid bond in the amount of $24,600 for of the responsibility of the bidder pursuant to these two statutes. C. Certain findings of non-responsibility can result in rejection for All successful bidders will be required to furnish a Performance contract award and in the event of two findings within a four-year pe- Bond and a Labor and Material Bond in the statutory form of public riod, the bidder is debarred from obtaining governmental Procurement bonds required by Sections 136 and 137 of the State Finance Law, Contracts. Bidders responding to this Advertisement must familiarize each for 100% of the amount of the Contract estimated to be between themselves with the State Finance Law requirements and will be $250,000 and $500,000 for C. expected to affirm that they understand and agree to comply on the bid Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation form. Further information about these requirements can be found includes and imposes certain restrictions on communications between within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ OGS D&C and a bidder during the procurement process. A bidder is regulations/defaultAdvisoryCouncil.html restricted from making contacts from the earliest posting, on the OGS The substantial completion date for this project is 250 days after the website, in a newspaper of general circulation, or in the Contract Agreement is approved by the Comptroller. Reporter of written notice, advertisement or solicitation of offers The only time prospective bidders will be allowed to visit the job through final award and approval of the contract by OGS D&C and site to take field measurements and examine existing conditions of the the Office of the State Comptroller (“Restricted Period”) to other than project area will be at 10:00 a.m. on January 19, 2018 at OGS Office, designated staff unless it is a contact that is included among certain 275 Matteawan Road, Beacon, NY. Prospective bidders are urged to statutory exceptions set forth in State Finance Law § 139-j(3)(a). visit the site at this time. Prospective bidders or their representatives Designated staff are Jessica Hoffman, Carl Ruppert and Pierre Alric in

109 Advertisements for Bidders/Contractors NYS Register/January 24, 2018 the Division of Contract Management, telephone (518) 474-0203, fax (518) 473-7862 and John Lewyckyj, Deputy Director, Design & Construction Group, telephone (518) 474-0201, fax (518) 486-1650. OGS D&C employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselves with the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at: http://www.ogs.ny.gov/aboutOGS/ regulations/defaultAdvisoryCouncil.html The substantial completion date for this project is 166 days after the Agreement is approved by the Comptroller. The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 11:30 a.m. on January 11, 2018 at Helen Hayes Hospital, Route 9W, West Haverstraw, NY. Prospective bidders are urged to visit the site at this time. Prospective bidders or their representatives attending the pre-bid site visit will not be admitted on facility grounds without proper photo identification. Note that parking restrictions and security provisions will apply and all vehicles will be subject to search. For assistance pertaining to the site visit only, please phone Robin Griffiths (845) 365-0730. Pursuant to New York State Executive Law Article 15-A and the rules and regulations promulgated thereunder, OGS is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enter- prises (“MWBEs”) and the employment of minority group members and women in the performance of OGS contracts. All bidders are expected to cooperate in implementing this policy. OGS hereby establishes an overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). The total contract goal can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under this Contract. The Office of General Services reserves the right to reject any or all bids. The Bidding and Contract Documents for this Project are available on compact disc (CD) only, and may be obtained for an $8.00 deposit per set, plus a $2.00 per set shipping and handling fee. Contractors 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

110 NOTICE OF AVAILABILITY OF STATE AND FEDERAL FUNDS

Developmental Disabilities Planning Council D Establish a statewide clearinghouse of grant related non-certified housing options and resources, replicable tools, and best practices (DDPC) based on the evaluation of grant activities and implementation. 99 Washington Ave., Suite 1230 EXPECTED OUTCOMES AND SCOPE OF WORK: Albany, NY 12210 Short-Term Outcomes: NONPROFIT ORGANIZATIONS;* PUBLIC OR PRIVATE INSTI- D Individuals with I/DD and their families/caregivers will have TUTIONS, SUCH AS UNIVERSITIES, COLLEGES, HOSPITALS; increased awareness of non-certified housing options; DISABILITY-SERVICE ORGANIZATIONS; COMMUNITY- D Strengthen the capacity of the development community to create, BASED ORGANIZATIONS; CONSORTIA, GROUPS OR PART- manage, and support the growth of non-certified community based NERSHIPS AMONG ORGANIZATIONS housing options for people with I/DD; Statewide and Regional Housing Collaboratives D Members of the RHCs will have increased knowledge and skills Organizations whose staff was involved in the development of this to create non-certified housing opportunities for individuals; Request for Proposal are not eligible to directly apply or be included as a sub-contractor for another applicant. Long-Term Outcomes *Note: the lead applicant cannot be a for-profit organization; D Increased capacity of the RHCs to provide person-centered hous- however, for-profit organizations may serve as subcontractors to the ing information and options to individuals with I/DD and their fami- lead applicant. lies; To fund one grantee up to $750,000 for three-year period ($250,000 D Increase the number of communities within the identified per year) to assist in the development of non-certified housing options OPWDD regions which understand non-certified community based available to individual with intellectual and developmental disabilities housing options and the use of effective approaches to meeting their through establishing regional housing collaborative, statewide com- housing needs; munities of practice, and educational programs for stakeholders. D Individuals with I/DD will have increased housing opportunities OVERVIEW that are individualized and in non-certified environments; In 2016, the New York State Office for People with Developmental D 45 individuals with I/DD will be assisted by the RHC to move to Disabilities (OPWDD) published a report concerning the State’s resi- independent living with a sustainability plan; dential request list. The report offers recommendations to improve D residential alternatives and address housing needs of individuals with Promote and facilitate a planning process that includes people intellectual and developmental disabilities (I/DD). with I/DD and providers of housing and related services in order to Among the report’s findings was that 33% of respondents preferred provide up-to date information for the more effective coordination and non-certified housing instead of the more-traditional certified group use of resources; home option, and 90% of respondents expressed interest in learning D Increase the number of noncertified housing units which are oc- more about non-certified options. Notably, the report documents a cupied by people with I/DD. high number of people of various minority groups on the residential The full RFP can be downloaded from http://ddpc.ny.gov/ request list in each of the OPWDD regions which signals that there council_funding_announcements_responsive. may be limited access to information about alternative/varied housing options for racially and ethnically diverse communities. All interested applicants are required to submit a one page letter of intent by February 7, 2018 to [email protected]. Letters of The ultimate goal of this project is to facilitate and support capacity intent are required for applications to be accepted for this RFP. building and learning on a statewide basis for developing, creating, and implementing individualized housing options with and for people It is the applicant’s responsibility to check the DDPC website with I/DD that builds upon community housing options that go be- periodically for any amendments to the RFP. All changes will be yond the OPWDD service system. A significant system need and goal posted by February 20, 2018 at http://ddpc.ny.gov/ of this project is to help people with I/DD who currently live in council_funding_announcements_responsive. No other notifications OPWDD certified group homes but desire to live in their own will be given. residence. All final grant applications should be sent to the address listed above APPROACH and to the attention of Sheila Carey, Executive Director, and must be This grant opportunity seeks to support the development of innova- received by the DDPC office by 3:00 pm on March 9, 2018. No ap- tive, non-certified housing options for individuals with I/DD based on plications will be accepted after this deadline. their needs and desires and encourage systems level change through education and collaboration. To do this, DDPC will select a single statewide entity to: D Develop and pilot Regional Housing Collaboratives (RHCs) in each of the five OPWDD regions; D Oversee and provide education that supports the training needs (regional and Statewide) of RHC members, individuals with I/DD and their families, and other stakeholders; D Engage and include culturally and linguistically diverse popula- tions in all project activities; and

111

MISCELLANEOUS NOTICES/HEARINGS

Notice of Abandoned Property 114 Willoughby Street Received by the State Comptroller Brooklyn, New York 11201 Pursuant to provisions of the Abandoned Property Law and related Bronx County, Tremont Center laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last 1916 Monterey Avenue known addresses of the entitled owners of this abandoned property is Bronx, New York 10457 maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they ap- Richmond County, Richmond Center pear on the Abandoned Property Listing by contacting the Office of 95 Central Avenue, St. George Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at: Staten Island, New York 10301 1-800-221-9311 or visit our web site at: For further information and to review and comment, please contact: www.osc.state.ny.us Department of Health, Bureau of Federal Relations & Provider As- Claims for abandoned property must be filed with the New York sessments, 99 Washington Ave., One Commerce Plaza, Suite 1430, State Comptroller’s Office of Unclaimed Funds as provided in Section Albany, NY 12210, (518) 474-1673, (518) 473-8825 (FAX), e-mail: 1406 of the Abandoned Property Law. For further information contact: [email protected] Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236. PUBLIC NOTICE New York City Deferred Compensation Plan & NYCE IRA PUBLIC NOTICE The New York City Deferred Compensation Plan & NYCE IRA Department of Health (the “Plan”) is seeking proposals from qualified vendors to provide Pursuant to 42 CFR Section 447.205, the Department of Health Educational/Communication and Information Services for the City of hereby gives public notice of the following: New York Deferred Compensation Plan. The Request for Proposals The Department of Health proposes to amend the Title XIX (“RFP”) will be available beginning on Friday, January 19, 2018. Re- (Medicaid) State Plan for non-institutional services to revise provi- sponses are due no later than 4:30 p.m. Eastern Time on Friday, Feb- sions of the Ambulatory Patient Group (APG) reimbursement ruary 16, 2018. To obtain a copy of the RFP, please visit the Plan’s methodology. The following changes are proposed: web site at www1.nyc.gov/site/olr/about/about-rfp.page and download and review the applicable documents. The following is a clarification to the December 20, 2017 notice provision to include recalculated weight and component updates. It If you have any questions, please submit them by fax to Georgette will also include the Ambulatory Patient Group reimbursement Gestely, Director, at (212) 306-7376. methodology extension for the period January 1, 2018 through Consistent with the policies expressed by the City, proposals from December 31, 2018. certified minority-owned and/or women-owned businesses or propos- The is no additional estimated annual change to gross Medicaid als that include partnering arrangements with certified minority-owned expenditures as a result of the proposed amendment. and/or women-owned firms are encouraged. Additionally, proposals from small and New York City-based businesses are also encouraged. The public is invited to review and comment on this proposed State Plan Amendment. Copies of which will be available for public review on the Department’s website at http://www.health.ny.gov/regulations/ PUBLIC NOTICE state_plans/status. Department of State Copies of the proposed State Plan Amendments will be on file in F-2017-0708 each local (county) social services district and available for public Date of Issuance – January 17, 2018 review. The New York State Department of State (DOS) is required by For the New York City district, copies will be available at the fol- Federal regulations to provide timely public notice for the activities lowing places: described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended. New York County The applicant has certified that the proposed activity complies with 250 Church Street and will be conducted in a manner consistent with the approved New New York, New York 10018 York State Coastal Management Program. The applicant’s consistency certification and accompanying public information and data are Queens County, Queens Center available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in 3220 Northern Boulevard Albany, New York. Electronic copies of the submission can also be Long Island City, New York 11101 downloaded at: http://www.dos.ny.gov/opd/programs/pdfs/ Kings County, Fulton Center Consistency/F-2017-0708_PN.pdf

113 Miscellaneous Notices/Hearings NYS Register/January 24, 2018

In F-2017-0708, William Witzke of Albertson Marine, Inc., is This notice is promulgated in accordance with Title 15, Code of proposing to reconstruct an existing Wave Wall, widen an existing Federal Regulations, Part 930. boat launch runway and install a low-sill bulkhead at Albertson Marine’s marina located at 61500 Route 25 (Main Road) in the town of Southold, Suffolk County. The stated purpose for reconstructing the PUBLIC NOTICE wave wall is to maintain the level of storm protection the wall cur- Department of State rently provides into the future. Widening the existing boat launch F-2017-0993 runway will provide for safer and more efficient use of the existing Date of Issuance – January 24, 2018 boat launch. The stated purpose of the low-sill bulkhead is to maintain The New York State Department of State (DOS) is required by shoreline and contiguous navigability within the marina. Federal regulations to provide timely public notice for the activities Any interested parties and/or agencies desiring to express their described below, which are subject to the consistency provisions of views concerning any of the above proposed activities may do so by the Federal Coastal Zone Management Act of 1972, as amended. filing their comments, in writing, no later than 4:30 p.m., 15 days from The applicant has certified that the proposed activities comply with the date of publication of this notice, or, February 2, 2018. and will be conducted in a manner consistent to the maximum extent Comments should be addressed to the Consistency Review Unit, practicable with the federally approved New York State Coastal Department of State, Office of Planning and Development, One Com- Management Program (NYSCMP). The applicant’s consistency certi- merce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, fication and accompanying public information and data are available Fax (518) 473-2464. Electronic submissions can be made by email at: for inspection at the New York State Department of State offices lo- [email protected] cated at One Commerce Plaza, 99 Washington Avenue, in Albany, This notice is promulgated in accordance with Title 15, Code of New York. Federal Regulations, Part 930. In F-2017-0993, or the “Barretto Point Park Floating Pool Lady”, the applicant, New York City Department of Parks and Recreation PUBLIC NOTICE (NYCDPR) is seeking to permanently moor the Floating Pool Lady at Barretto Point Park in the South Bronx neighborhood of Hunts Point Department of State under the NYSDEC permit number 2-6007-00741/00008. The pool F-2017-0991 and F-2017-0996 has been moored at this park shoreline of the East River on a seasonal Date of Issuance – January 24, 2018 basis and has successfully operated for the past ten summers at this The New York State Department of State (DOS) is required by location. Federal regulations to provide timely public notice for the activities The purpose of the Floating Pool is to enhance summer recreational described below, which are subject to the consistency provisions of opportunities in Hunts Point, an historically underserved community, the Federal Coastal Zone Management Act of 1972, as amended. while at the same time reviving an in-water recreational opportunity The applicant has certified that the proposed activity complies with that was once available along the City’s waterfront. In the 1870’s, and will be conducted in a manner consistent with the approved New floating baths were moored each summer at city piers designated for York State Coastal Management Program. public use. These floating baths were vessels, open in the center with In F-2017-0991, Mr. Robert F. Dakin, is proposing to dredge an slats in the bottom to allow saline river water to flow through the pool. embayment and open water area along the St. Lawrence River near 7 The floating pool today addresses a lack of swimming facilities in the Ferguson Drive, City of Hammond, St. Lawrence County. The ap- South Bronx, the only community in New York City without a major plicant proposes to dredge a total of 550± cubic yards of silt and loose pool. In a city with so little publicly accessible water and beachfront, rock. the pool offers a means to provide access to water-based recreation and connect New Yorkers to the waterfront and an “on-water” experi- In F-2017-0996, Mr. Robert Sampson, is proposing to dredge an ence that would otherwise be unavailable. embayment off the St. Lawrence River near 24 Ferguson Drive, City of Hammond, St. Lawrence County. The applicant proposes to dredge The floating pool comprises a 260’ long x 80’ wide barge that has 190± cubic yards of silt. been modified to include a 7-lane, 25-meter recreational swimming pool and ancillary facilities including showers, potable water, and These landowners propose to jointly undertake the Sampson-Dakin changing areas. There is an adjacent spud barge 30’ long x 90’ wide. Dredging Project to create adequate water depth and maneuverability Two, 140’ long and 6’-7’ wide ADA compliant gangways provide ac- at their existing residential dock facilities. The dredged material would cess to the floating pool from the shoreline of the Barretto Point Park. be disposed of at an upland location. Each gangway will be anchored to a 10’ x 20’ platform, elevated about The proposed activities would be undertaken within the State- 4.5 feet. The draft of the floating pool is approximately 4.6’ when designated Significant Coastal Fish and Wildlife Habitat (SCFWH) filled. Prior seasons have seen the barge transported to the site by unit of the American Island Pools. Information on this habitat and its tugboat. A permanent mooring will allow for the continued recreational important functions and values to be evaluated in considering these use, while eliminating the need for transport and storage, allowing projects may be found at: http://www.dos.ny.gov/opd/programs/ NYCDPR resources to be allocated to maintenance and other Parks consistency/Habitats/GreatLakes/American_Island_Pools.pdf and projects. The applicants’ consistency certifications and supporting informa- Permanent mooring and operation of the barge and associated tion are available for review at: http://www.dos.ny.gov/opd/programs/ infrastructure will necessarily permanently displace approximately pdfs/Consistency/F-2017-0991_Application.pdf 23,500 square feet (0.54 acres) of open water surface and incurs shad- Original copies of public information and data submitted by the ap- ing of aquatic habitat. NYCDPR funded a two-year study, beginning plicant are available for inspection at the New York State Department in 2014, to evaluate the impacts. The study suggested no significant of State offices located at One Commerce Plaza, 99 Washington Ave- impacts would be incurred by the permanent mooring. The unavoid- nue, in Albany, New York. able over-water coverage and loss of open water aquatic habitat is Any interested parties and/or agencies desiring to express their offset, in part, through mitigation work being conducted off-site at the views concerning any of the above proposed activities may do so by NYCDPR Ferry Point Park to restore wetlands and a tidal connection filing their comments, in writing, no later than 4:30 p.m., 30 days from to the East River along the Park’s East Waterfront. the date of publication of this notice, or, February 24, 2018. The proposed activities would be undertaken within the New York Comments should be addressed to the Consistency Review Unit, City Waterfront Revitalization Program (WRP) planning area. As the Department of State, Office of Planning, Development & Community WRP is a component of the NYSCMP, activities under federal permit- Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, ting authority are also subject to review for their consistency with the NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submis- local program and its specific provisions and policies. sions can be made by email at: [email protected] Any interested parties and/or agencies desiring to express their

114 NYS Register/January 24, 2018 Miscellaneous Notices/Hearings 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 date of publication of this notice or February 08, 2018. Comments should be addressed to the Department of State, Ofﬁce of Planning and Development and Community Infrastructure, Consis- tency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Com- ments can also be submitted electronically via e-mail to: [email protected] This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

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COURT NOTICES AMENDMENT OF RULE Court of Appeals At a session of the Court, held at Court of Appeals Hall in the City of Albany, on the 9th day of January, 2018. Present, HON. JANET DiFIORE, Chief Judge presiding. In the Matter of The Amendment of the Rules of the Court of Ap- peals for the Admission of Attorneys and Counselors at Law. Pursuant to section 53 of the Judiciary Law, it is hereby ORDERED that Rule 520.18 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law (22 NYCRR Rule 520.18) is amended, effective January 24, 2018, or as soon there- after as section 52 of the Judiciary Law is complied with, by deleting the bracketed material and adding the underlined material to sections 520.18(a)(3) and, 520.18(a)(4)(i). § 520.18 Skill Competency Requirement for Admission (3) Pro Bono Scholars Program. An applicant who has successfully completed the Pro Bono Scholars Program as prescribed in section [520.16] 520.17 of this Part shall be deemed to have met the skills competency requirement. (4)(i) Timing. The apprenticeship shall be continuous for the six-month period, and shall commence after the conclusion of the applicant’s law studies, except that an applicant who is required to complete an LL.M. program at an approved law school pursuant to section 520.6(b) of this Part may complete the apprenticeship before commencing the LL.M. program. The apprenticeship must be completed in its totality [within] before the three-year application ﬁling deadline provided in section 520.12(d) of this Part has elapsed.

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