May 11, 2022 DEPARTMENT OF STATE
Vol. XLIV Division of Administrative Rules
Issue 19
NEW YORK STATE
REGISTER
INSIDE THIS ISSUE:
D Investigation of Communicable Disease; Isolation and Quarantine
D Telehealth Expansion
D Certification of the Facility Class Known as Individualized Residential Alternative
Notice of Availability of State and Federal Funds
Executive Orders
State agencies must specify in each notice which proposes a rule the last date on which they will accept public
comment. Agencies must always accept public comment: for a minimum of 60 days following publication in the
Register of a Notice of Proposed Rule Making, or a Notice of Emergency Adoption and Proposed Rule Making; and
for 45 days after publication of a Notice of Revised Rule Making, or a Notice of Emergency Adoption and Revised
Rule Making in the Register. When a public hearing is required by statute, the hearing cannot be held until 60 days
after publication of the notice, and comments must be accepted for at least 5 days after the last required hearing.
When the public comment period ends on a Saturday, Sunday or legal holiday, agencies must accept comment through
the close of business on the next succeeding workday.
For notices published in this issue:
– the 60-day period expires on July 10, 2022
– the 45-day period expires on June 25, 2022
– the 30-day period expires on June 10, 2022
KATHY HOCHUL
GOVERNOR
ROBERT J. RODRIGUEZ
SECRETARY OF STATE
NEW YORK STATE DEPARTMENT OF STATE
For press and media inquiries call:
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Be a part of the rule making process!
The public is encouraged to comment on any of the proposed rules appearing in this issue. Comments
must be made in writing and must be submitted to the agency that is proposing the rule. Address your com-
ments to the agency representative whose name and address are printed in the notice of rule making. No
special form is required; a handwritten letter will do. Individuals who access the online Register
(www.dos.ny.gov) may send public comment via electronic mail to those recipients who provide an e-mail ad-
dress in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed
and Emergency Revised Proposed rule makings.
To be considered, comments should reach the agency before expiration of the public comment period.
The law provides for a minimum 60-day public comment period after publication in the Register of every No-
tice of Proposed Rule Making, and a 45-day public comment period for every Notice of Revised Rule Making.
If a public hearing is required by statute, public comments are accepted for at least five days after the last such
hearing. Agencies are also required to specify in each notice the last date on which they will accept public
comment.
When a time frame calculation ends on a Saturday or Sunday, the agency accepts public comment
through the following Monday; when calculation ends on a holiday, public comment will be accepted through
the following workday. Agencies cannot take action to adopt until the day after expiration of the public com-
ment period.
The Administrative Regulations Review Commission (ARRC) reviews newly proposed regulations to
examine issues of compliance with legislative intent, impact on the economy, and impact on affected parties.
In addition to sending comments or recommendations to the agency, please do not hesitate to transmit your
views to ARRC:
Administrative Regulations Review Commission
State Capitol
Albany, NY 12247
Telephone: (518) 455-5091 or 455-2731
---------------------------------------------------------------------------------------------------------
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NEW YORK STATE
REGISTER
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
Civil Service, Department of
1 / Jurisdictional Classification (P)
Environmental Conservation, Department of
6 / Regulations Governing Whelk Management (A)
General Services, Office of
10 / Charitable Contributions Thru State Employees Federated Appeals (P)
Health, Department of
12 / Face Coverings for COVID-19 Prevention (E)
14 / Investigation of Communicable Disease; Isolation and Quarantine (E)
16 / Surge and Flex Health Coordination System (E)
19 / Hospital and Nursing Home Personal Protective Equipment (PPE) Requirements (E)
21 / COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel (E)
Joint Commission on Public Ethics, New York State
24 / Adjudicatory Proceedings and Appeals Procedures for Matters Under the Commission’s Jurisdiction
(E)
Mental Health, Office of
25 / Telehealth Expansion (ERP)
Metropolitan Transportation Agency
27 / Notice of expiration
People with Developmental Disabilities, Office for
27 / Certification of the Facility Class Known As Individualized Residential Alternative (E)
28 / General Purpose (E)
Public Service Commission
29 / Brooklyn Clean Energy Hub and Cost Recovery (P)
30 / Modification of Con Edison’s Electric Tariff (P)
30 / Utility-Owned ESR Participation in the New York Independent System Operator, Inc. (NYISO)
Administered Wholesale Markets (P)
31 / Transfer of Street Lighting Facilities (P)
31 / Application of PSL Provisions to Xerox As an Electric Corporation and Water-Works Corporation
(P)
Hearings Scheduled for Proposed Rule Makings / 32
Action Pending Index / 35
Securities Offerings
87 / State Notices
Advertisements for Bidders/Contractors
89 / Sealed Bids
Notice of Availability of State and Federal Funds
95 / Housing Trust Fund Corporation
New York State Register May 11, 2022/Volume XLIV, Issue 19
Miscellaneous Notices/Hearings
99 / Notice of Abandoned Property Received by the State Comptroller
99 / Public Notice
Executive Orders
103 / Executive Order No. 3.7: Continuing the Declaration of Disaster Emergency.
103 / Executive Order No. 11.5: Declaring a Disaster Emergency in the State of New York.
R
ULE MAKIN
G
ACTIVITIES
Each rule making is identified by an I.D. No., which consists
of 13 characters. For example, the I.D. No. AAM-01-96-
00001-E indicates the following:
AAM -the abbreviation to identify the adopting agency
01 -the State Register issue number
96 -the year
00001 -the Department of State number, assigned upon
receipt of notice.
E -Emergency Rule Making—permanent action
not intended (This character could also be: A
for Adoption; P for Proposed Rule Making; RP
for Revised Rule Making; EP for a combined
Emergency and Proposed Rule Making; EA for
an Emergency Rule Making that is permanent
and does not expire 90 days after filing.)
Italics contained in text denote new material. Brackets
indicate material to be deleted.
Department of Civil Service
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00001-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Department
of Labor under the subheading “State Insurance Fund,” by increasing the
number of positions of øInvestigative Officer 3 (SIF) from 1 to 3.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00002-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the exempt class.
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Executive Department
under the subheading “State Board of Elections,” by increasing the number
of positions of Assistant Public Information Officer from 4 to 6 and Elec-
tions Specialist from 6 to 18.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
1
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00003-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Westchester
County under the subheading “Department of Laboratories and Research,”
by adding thereto the position of øChief Administrator – Labs and
Research (1).
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00004-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Department
of Mental Hygiene under the subheading “Office for People with Develop-
mental Disabilities,” by increasing the number of positions of Equal Op-
portunity Specialist 1 from 1 to 3, Equal Opportunity Specialist 2 from 1
to 3 and by adding thereto the positions of Equal Opportunity Specialist 3
(2) and Equal Opportunity Specialist 4 (1).
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00005-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Executive
Department under the subheading “Office of Information Technology Ser-
vices,” by increasing the number of positions of Manager Information
Technology Services 2 (Information Security) from 4 to 5.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
NYS Register/May 11, 2022Rule Making Activities
2
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00006-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the exempt class.
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Executive Department
under the subheading “Office of Indigent Legal Services,” by adding
thereto the position of Associate Counsel.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00007-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendices 1 and 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To delete a position from the exempt class and to delete posi-
tions from and classify positions in the non-competitive class.
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Executive Department
under the subheading “Office of General Services,” by deleting therefrom
the position of Convention and Arts Center Manager; and
Amend Appendix 2 of the Rules for the Classified Service, listing posi-
tions in the non-competitive class, in the Executive Department under the
subheading “Office of General Services,” by deleting therefrom the posi-
tions of Convention and Arts Center Lighting and Sound Technician (2),
Multimedia Production Representative 1 (11) and Multimedia Production
Technician (22); by decreasing the number of positions of Convention and
Arts Center Lighting and Sound Supervisor from 2 to 1; by increasing the
number of positions of Multimedia Production Representative 2 from 17
to 18, and by adding thereto the positions of Multimedia Production Rep-
resentative 1 and Multimedia Production Technician.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00008-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the exempt class.
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Department of Mental
Hygiene under the subheading “Office of Addiction Services and Sup-
ports,” by increasing the number of positions of Associate Commissioner
from 5 to 6.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
NYS Register/May 11, 2022 Rule Making Activities
3
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00009-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Executive
Department under the subheading “Division of Criminal Justice Services,”
by adding thereto the position of Equal Opportunity Specialist 1 (1).
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00010-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Department
of Health under the subheading “Helen Hayes Hospital,” by adding thereto
the position of Administrative Assistant 2 (1).
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00011-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Department
of Motor Vehicles, by increasing the number of positions of Public Infor-
mation Specialist 3 (Digital Content) from 1 to 2.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
NYS Register/May 11, 2022Rule Making Activities
4
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00012-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Department
of Corrections and Community Supervision, by increasing the number of
positions of øInmate Disciplinary Hearing Officer from 17 to 20.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00013-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Department
of Public Service, by adding thereto the positions of Public Information
Specialist 1 (Digital Content) (2) and Public Information Specialist 2
(Digital Content) (1).
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00014-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the exempt class.
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Department of Health,
by increasing the number of positions of Health Program Director 3 from
15 to 20 and Special Assistant from 24 to 39.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
NYS Register/May 11, 2022 Rule Making Activities
5
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-19-22-00015-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the Department
of Audit and Control, by increasing the number of positions of Informa-
tion Technology Specialist 3 (Information Security) from 2 to 3.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: [email protected].gov
Data, views or arguments may be submitted to: Eugene Sarfoh, Counsel,
NYS Department of Civil Service, Empire State Plaza, Agency Building
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-22-00025-P, Issue of January 5, 2022.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-22-
00025-P, Issue of January 5, 2022.
Department of Environmental
Conservation
NOTICE OF ADOPTION
Regulations Governing Whelk Management
I.D. No. ENV-16-21-00012-A
Filing No. 303
Filing Date: 2022-04-21
Effective Date: 2022-05-11
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Part 50 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 13-0105
and 13-0330
Subject: Regulations governing whelk management.
Purpose: To protect immature whelk from harvest and establish gear and
reporting rules for marine resource protection and public safety.
Text of final rule: 6 NYCRR Part 50, “Miscellaneous Marine Species,” is
amended to read as follows:
Existing paragraph 50.1(a)(1) is amended to read as follows:
(1) ‘Carnivorous marine gastropods’ [shall mean] means marine
snails; including channeled whelk (Busycotypus canaliculatus), knobbed
whelk (Busycon carica), and moon snails (Naticidae family), that prey on
other animals.
Existing paragraph 50.1(a)(2) is amended to read as follows:
(2) ‘Whelk’[shall mean] means channeled whelk and knobbed whelk.
A new paragraph 50.1(a)(3) is added to read as follows:
(3) ‘Bait saving device’ means a container (such as bait bag or bait
envelope) that is designed for the purposes of containing horseshoe crabs
or horseshoe crab parts within a whelk pot or trap, which extends the ef-
fective fishing time of the horseshoe crab bait in the whelk pot or trap.
A new paragraph 50.1(a)(4) is added to read as follows:
(4) ‘Designated navigation channel’ means the Long Island Intra-
coastal Waterway and natural or dredged paths through otherwise shoal
waters that are used for entering or leaving ports and harbors, the bound-
aries of which are marked by maintained aids to navigation. Designated
navigation channel does not include the main west/east shipping fairway
through the center of Long Island Sound.
A new paragraph 50.1(a)(5) is added to read as follows:
(5) ‘Land or landed’ means the bringing of whelk to shore or the
transfer of the catch of whelk taken from a vessel to any other vessel or in-
water storage facility or to the land or to any pier, wharf, dock or other
similar structure. When a vessel bearing whelk has been tied, moored, or
made fast to land, to another vessel, to an in-water storage facility or to
any pier, wharf, dock or similar structure, such whelk shall be deemed as
landed.
A new paragraph 50.1(a)(6) is added to read as follows:
(6) ‘Long Island Sound Management Region’:
The ‘Long Island Sound Management Region’ includes all marine and
coastal district waters lying east of the Throgs Neck Bridge and west of a
line that runs from Orient Point, NY to Watch Hill, RI.
A new paragraph 50.1(a)(7) is added to read as follows:
(7) ‘Shell length’ means the longest measurement of a whelk shell
from the spire apex to the edge of the siphonal canal.
A new paragraph 50.1(a)(8) is added to read as follows:
(8) ‘Shell height’ means the distance along a straight perpendicular
line from a point on the opercular side of the shell to the farthest point of
the top of the shell. This distance is measured with the whelk retracted,
and the shell placed with the operculum stably positioned against a flat
surface.
A new paragraph 50.1(a)(9) is added to read as follows:
(9) ‘Whelk pot or trap’means any box-like device, made of any mate-
rial, with an opening on its top side that is capable of catching whelk.
A new subdivision 50.1(c) is added to read as follows:
(c) Gear requirements and restrictions.
(1) Whelk pots or traps shall not exceed a volume larger than 22,950
cubic inches.
(2) Whelk shall not be taken by whelk pot, trap or similar device from
one hour after sunset to one hour before sunrise.
(3) Gear used in taking whelks must be identified as follows:
(i) Whelk pots or traps which are marked on the surface of the wa-
ter, must have attached to them a floating buoy or identification marker
that is clearly visible on the surface of the water. The floating buoy or
identification marker must not be made from containers, bottles, or jugs
originally designed to contain liquids. Buoy lines must be constructed so
that the buoy line does not float at the surface, such as a sinking line or
weighted line.
(ii) Each buoy or marker attached to a whelk pot or trap must be
of a distinctive color visible in daylight from a minimum distance of 100
feet. Each buoy or marker must be painted or otherwise affixed with the
assigned whelk permit holder’s number, including any letter. The permit
holder’s number must be clearly visible and in a contrasting color or
branded in clearly visible characters. The same color or combination of
colors must be used on all buoys or markers bearing the same permit
number.
(iii) All whelk pot or trap buoys must be marked with fluorescent
or reflective paint, tape, or reflectors, or other reflective material.
(iv) All whelk pots or traps must be marked or branded, in clearly
visible and legible characters not less than three-fourths inch in height,
with the assigned whelk permit holder’s number, including any letters. If
the construction of a pot or trap does not allow it to be marked by brand-
ing, that pot or trap must be marked by a tag or other device bearing, in
clearly visible and legible characters, the assigned whelk permit holder’s
number, including any letters, for the current year. The tag or other device
must be of a material that is not deteriorated by sea water and remain
firmly attached to the pot or trap it identifies.
A new paragraph 50.1(c)(4) is added to read as follows:
(4) Except as provided for in subparagraphs 50.1(c)(4)(i) and
50.1(c)(4)(ii) of this paragraph, whelk pots or traps shall not be placed
NYS Register/May 11, 2022Rule Making Activities
6
within 25 feet of designated navigation channels, and all floating buoys or
identification markers and lines attached to such pots shall remain outside
designated navigation channels at all times, except that:
(i) Whelk pots or traps which are directly attached to the shoreline
or a bulkhead may be placed within 25 feet of a designated navigation
channel provided that neither the pot nor any attached lines or markers
are within such channel; and
(ii) Whelk pots or traps that are affixed to a vessel with at least one
person aboard may be placed within 25 feet of a designated navigation
channel.
A new subdivision 50.1(d) is added to read as follows:
(d) Whelk pots or traps using horseshoe crabs as bait must contain a
bait saving device. All horseshoe crabs or horseshoe crab parts used in
whelk pots or traps must be wholly contained within the bait saving device.
A new subdivision 50.1(e) is added to read as follows:
(e) Size limits.
(1) Except as provided in paragraph (2) of this subdivision, no person
shall take, possess, or land whelk less than 5 1/2 inches in length or 2 1/4
inches in height.
(2) Long Island Sound Management Region.
If the State of Connecticut adopts a minimum size limit for whelk, the
following size limits shall apply for the Long Island Sound Management
Region:
(i) Effective August 1, 2022, no person shall take, possess, or land
whelk less than 4
3
/
4
inches in length or 1 15/16 inches in height.
(ii) Effective January 1, 2024, no person shall take, possess, or
land whelk less than 5 inches in length or 2 inches in height.
(iii) Effective January 1, 2026, no person shall take, possess, or
land whelk less than 5 1/4 inches in length or 2 1/8 inches in height.
(iv) Effective January 1, 2028, no person shall take, possess, or
land whelk less than 5 1/2 inches in length or 2 1/4 inches in height.
If the State of Connecticut does not adopt a minimum size limit for
whelk, then effective August 1, 2022, no person shall take, possess, or land
whelk less than 5 1/2 inches in length or 2 1/4 inches in height.
Pursuant to 50.2(a)(1), whelk permit holders must include the area
fished on their fishing vessel trip report. Pursuant to 50.2(b)(1), food fish
and crustacea dealers and shippers license holders must include a fishing
vessel trip ID number on their Purchases from Fishing Vessels Report or
Fishermen Report.
The department will include information on its website indicating
whether the State of Connecticut has adopted a minimum size limit for
whelk by August 1, 2022.
(3) Undersized allowance.
Notwithstanding the size limits set forth in this subdivision, whelk
measuring less than the minimum shell length or minimum shell height
may comprise by number up to, and shall not exceed, three percent of any
bushel, package, or any other container of whelk.
(4) Height gauge.
When using a gauge to measure shell height, the whelk shall be in a
retracted position and the shell shall be placed with the operculum stably
positioned against one (1) of the parallel surfaces. The whelk is legal-
sized if it does not fit between the opposing parallel surfaces.
A new subdivision 50.1(f) is added to read as follows:
(f) All whelks must be landed whole in the shell.
A new subdivision 50.1(g) is added to read as follows:
(g) Violations of any provision of this Part shall subject the violator to
the penalties fixed by the Environmental Conservation Law and may result
in the suspension or revocation of any whelk permit.
Existing subdivisions 50.2(b) through 50.2(e) are renumbered subdivi-
sions 50.2(c) through 50.2(f).
A new subdivision 50.2(b) is added to read as follows:
(b) Food fish and crustacea dealers and shippers license holders. Any
person who is the holder of a marine and coastal district food fish and
crustacea dealers and shippers license issued pursuant to section 13-0334
of the Environmental Conservation Law must:
(1) Complete and sign an accurate Purchases from Fishing Vessels
and/or Fishermen Report detailing each purchase of marine food fish,
crustacea, horseshoe crabs, and whelks from harvesters, on a form
prescribed by the department. The license holder must submit these reports
to the department within three days after the end of each week, or at a
frequency specified by the department in writing. A Purchases from Fish-
ing Vessels and/or Fishermen Report must be completed, signed and
submitted to the department each week; if no purchases of food fish,
crustacean, horseshoe crabs or whelk were made during that week, a
report must be submitted stating no purchases were made for the week.
Incomplete Purchases from Fishing Vessels and/or Fishermen Reports or
unsigned reports will not satisfy these reporting requirements. Any New
York State license holder who is also the holder of a federal dealers permit
issued by NOAA Fisheries Service must instead satisfy the reporting
requirements specified by NOAA Fisheries Service.
(2) Submit complete and accurate Purchases from Fishing Vessels
and/or Fishermen Reports to the Atlantic Coastal Cooperative Statistics
Program (ACCSP) through its website at www.accsp.org. Any New York
State license holder who is also the holder of a federal dealers permit is-
sued by NOAA Fisheries Service must instead meet the reporting require-
ments specified by NOAA Fisheries Service.
A new section 50.3 is added to read as follows:
Severability. If any provision of this Part or the application thereof to
any person or circumstance is adjudged invalid by a court of competent
jurisdiction, that judgment shall not affect or impair the validity of the
other provisions of this Part or the application thereof to other persons
and circumstances.
Final rule as compared with last published rule: Nonsubstantive changes
were made in sections 50.1(a), (b), (c), (d), (e) and 50.3.
Text of rule and any required statements and analyses may be obtained
from: Kim McKown, Department of Environmental Conservation, Marine
Resources, 123 King Park Blvd., Kings Park, NY 11754, (631) 444-0454,
email: [email protected].gov
Additional matter required by statute: Pursuant to Article 8 of the ECL,
the State Environmental Quality Review Act, a Coastal Assessment Form
and a Short Environmental Assessment Form with a negative declaration
have been prepared, and are on file with the Department.
Revised Regulatory Impact Statement
1. Statutory authority:
Environmental Conservation Law (ECL) § 13-0305 directs the Depart-
ment of Environmental Conservation (DEC) to manage New York State’s
marine fishery resources to preserve their long-term abundance for future
generations. ECL § 13-0330(6) grants DEC authority to adopt regulations
for whelks including: size limits, restrictions on the manner of taking and
landing, recordkeeping requirements, and requirements on the amount and
type of fishing effort and gear.
2. Legislative objectives:
It is the objective of the above-cited legislation that DEC regulates the
utilization and allocation of available resources to maintain healthy stocks
and habitats. The proposed regulations are designed to optimize resource
use to provide viable business opportunities while preserving the fishery
in usable abundance for future generations.
3. Needs and benefits:
The proposed regulations are necessary to preserve the fishery in usable
abundance for future generations. Currently, there is no minimum size
limit for whelks. A minimum size is necessary because the long-term
harvest of immature female whelks will decrease the population’s spawn-
ing potential and increase the risk that the population will not be able to
sustain itself (i.e., recruitment failure). A number of long-term fishery
participants have requested a minimum size limit because of this risk.
Whelks are especially vulnerable to increased fishing pressure due to
their life history characteristics of slow maturation and growth rate. The
proposed minimum size is supported by three studies conducted by
Udelson (2012), Lynn (2018) and McKown (2019). These studies deter-
mined that female whelks captured in and around New York State are im-
mature at sizes smaller than the proposed minimum size. Udelson (2012)
and Lynn (2018) conducted research on whelks collected from Peconic
Bay and Great South Bay respectively. The studies furthered determined
that the minimum size at which female whelks can reach sexual maturity
are at shell lengths between 140 to 155 mm (5.51 to 6.10 inches) in length.
McKown (2019) examined whelks from a number of areas around Long
Island and determined that the minimum size at which female whelks can
first reach sexual maturity is at approximately 140 mm (5.5 inches). The
proposed rule would be an initial step toward ensuring that some female
whelks have the opportunity to reproduce at least once prior to being
harvested. Allowing female whelks to reproduce at least once before they
are removed from the population would eliminate the issue of harvest-
related recruitment failure.
The proposed rule contains new requirements concerning the use of bait
bags. Bait bags contain whelk bait and operate to extend the time it takes
whelk to consume bait. This results in less bait being consumed. The
proposed changes are necessary because horseshoe crabs are a major bait
resource for the whelk fishery, and the Atlantic States Marine Fisheries
Commission’s latest Horseshoe Crab Stock Assessment determined that
New York State’s horseshoe crab population is in decline. Requiring the
use of bait bags would help decrease the amount of horseshoe crabs needed
for bait, which would lessen harvest pressure on New York State’s
horseshoe crab population.
The proposed rule contains new requirements concerning gear marking
which are necessary to facilitate the: (1) identification of owners, (2) return
of lost gear, and (3) prevention of theft and vandalism. The proposed rule
also contains a new requirement that whelk pots cannot be hauled between
one-half hour after sunset and one-half hour before sunrise. This measure
is intended to protect permit holders from theft.
NYS Register/May 11, 2022 Rule Making Activities
7
The proposed changes to line type and gear placement are necessary to
limit the amount of line floating at the surface of the water and to restrict
the placement of whelk pots in designated navigation channels. These
changes will provide boating safety benefits and reduce conflicts between
whelk harvesters and boaters.
The proposed maximum pot size is intended to regulate effort in the
whelk fishery and is consistent with lobster pot size restrictions.
Citations:
D Lynn, R. 2018. Maturity, growth rates and movement patterns of the
Channeled whelk, Busycotypus canaliculatus, in Great South Bay, New
York. Master’s Thesis Long Island University – Post Campus. 65 pgs.
DMcKown, K. 2019. Whelk Regulatory Proposal. Marine Resource
Advisory Council Bulletin 1/22/2019. Pgs 2 – 8.
DUdelson, B. 2012. Age and size at onset of sexual maturity of the
channeled whelk, Busycotypus canaliculatus (Linnaeus, 1758), in the
Peconic Bays of Long Island, New York. Masters Thesis Long Island
University – Post Campus. 68 pgs.
4. Costs:
There are no anticipated costs to local governments. DEC will incur
minor costs to purchase gauges for enforcement staff to measure whelk
length and height. It is estimated that those gauges will cost approximately
between $14 and $17 per gauge.
Permit holder compliance costs associated with the proposed rule
include: gauges to measure length and height (approximately $14-$17
each); bait saving device (approximately $3.40 each); minor costs associ-
ated with placing identification information on pots; and potentially some
fuel costs associated with avoiding placing pots in designated navigation
channels. There may also be costs associated with replacing buoy lines
with sinking lines. During 2019, permit holders fished 200 pots on average.
Assuming each pot is fished individually in 50 feet water depth, the costs
for sinking line would be approximately $170. Permit holders will likely
experience a decrease in harvest due to the minimum size limit. Harvest
could decline by as much as 42 percent or approximately $4,000 per year
on average per active permit holder.
5. Local government mandates:
The proposed rule would not impose any mandates on local government.
6. Paperwork:
The proposed rule would not impose any new reporting requirements.
7. Duplication:
The proposed rule would not duplicate any federal requirement. The
proposed rule would duplicate reporting requirements located at 6 NYCRR
40.1(c)(2)(i) and 44.4(b)(1). This duplication is necessary to clarify for the
regulated community that they must report purchases of whelk. The rule
does not require duplicate or multiple reports.
8. Alternatives:
Status quo – Failure to establish a minimum size limit will result in the
continued decline of New York State’s whelk fishery. DEC rejected this
alternative because continuing to permit unsustainable harvest is contrary
to New York State fishery policy.
Smaller minimum size –Asmaller minimum size limit would not ensure
some female whelks reach sexual maturity. DEC rejected this alternative
because permitting unsustainable harvest is contrary to New York State
fishery policy.
Larger minimum size – Female whelk begin to mature at the proposed
five and one-half inch length or two and one quarter-inch height minimum
size. A larger minimum size would provide increased protection for whelks
and allow a larger proportion of the population to spawn at least once
before harvest. DEC rejected this alternative because the proposed mini-
mum size limit is based on the best available data, protecting the popula-
tion while allowing some harvest.
The proposed rule was designed to minimize potential adverse impacts
to license holders while ensuring the resource is maintained in usable
abundance for future generations. Data collected from 2013 through 2018
by the Connecticut Department of Energy and Environment Protection’s
Long Island Sound Trawl Survey indicates the whelk population is in
decline. The proposed minimum size limit is expected to immediately
reduce the amount of whelks harvested by commercial whelk harvesters,
but this reduction is necessary to limit the harvest of immature female
whelks and is the minimum necessary to achieve New York State’s fishery
policy of usable abundance for future generations. The proposed mini-
mum size limit was selected from the best available data which indicated
it was the smallest size at which female whelk can reach reproductive
maturity. Ultimately, the maintenance of long-term sustainable fisheries
will have a positive effect on employment for the fisheries in question, as
well as wholesale and retail outlets and other related industries. At the
request of the Marine Resources Advisory Council, a three percent toler-
ance for the harvest of undersized whelks was included in the proposed
rule which should account for the irregular shape of whelks and the ten-
dency for parts of the shell to break, thereby inhibiting accurate
measurement.
9. Federal standards:
The proposed rule does not exceed any minimum federal standards.
10. Compliance schedule:
Compliance with the proposed rule would be required upon the effec-
tive date of the rule. Permit holders would be notified of the changes to the
regulations through appropriate news releases, by mail, and through DEC’s
website.
Revised Regulatory Flexibility Analysis
1. Effect of rule:
The proposed rule would impact commercial whelk harvesters. During
2019, there were 238 resident whelk permits issued; 73 whelk permit hold-
ers actively fished and reported harvesting whelk. Most whelk permit hold-
ers are self-employed.
2. Compliance requirements:
The proposed rule requires adherence to a minimum size limit for
whelks. Additionally, license holders may need to modify their gear if it
does not meet the proposed requirements; gear must be marked with owner
identification information and be below the new maximum whelk pot or
trap size. The area where license holders harvest may also need to be mod-
ified to avoid placing pots or traps within twenty-five feet of a designated
navigation channel. When placing pots or traps, buoy lines must be
constructed so they do not float at the surface, such as a sinking line or
weighted line, and a bait saving device must be used. Harvest must only
take place during the day.
3. Professional services:
The proposed rule would not require the use of professional services.
4. Compliance costs:
There are no anticipated costs to local governments. Permit holder
compliance costs associated with the proposed rule include: gauges to
measure length and height (approximately $14-$17 each); bait saving de-
vice (approximately $3.40 each); minor costs associated with placing
identification information on pots; and potentially some fuel costs associ-
ated with avoiding placing pots in designated navigation channels. There
may also be costs associated with replacing buoy lines with sinking lines.
During 2019, permit holders fished 200 pots on average. Assuming each
pot is fished individually in 50 feet water depth, the costs for sinking line
would be approximately $170. Permit holders will likely experience a
decrease in harvest due to the minimum size limit. Harvest could decline
by as much as 42 percent or approximately $4,000 per year on average per
active permit holder.
5. Economic and technological feasibility:
The proposed rule does not apply to local governments. The technology
required for small businesses to comply with the proposed rule is readily
available and costs associated with the purchase of the required technol-
ogy is minimal.
6. Minimizing adverse impact:
The proposed rule was designed to minimize potential adverse impacts
to license holders while ensuring the resource is maintained in usable
abundance for future generations. In addition, DEC has revised the
requirements for bait bags and sink line in response to public comments to
expand the types of equipment that can be used. Data collected from 2013
through 2018 by the Connecticut Department of Energy and Environmen-
tal Protection’s Long Island Sound Trawl Survey indicates the whelk
population is in decline. The proposed minimum size limit is expected to
immediately reduce the amount of whelk harvested by commercial whelk
harvesters, but this reduction is necessary to limit the harvest of immature
female whelks and is the minimum necessary to achieve New York State’s
fishery policy of usable abundance for future generations. The proposed
minimum size limit was selected from the best available data which
indicated it was the smallest size at which female whelk can reach
reproductive maturity. Ultimately, the maintenance of long-term sustain-
able fisheries will have a positive effect on employment for the fisheries in
question, as well as wholesale and retail outlets and other related
industries. At the request of the Marine Resources Advisory Council, a
three percent tolerance for the harvest of undersized whelks was included
in the proposed rule which should account for the irregular shape of whelks
and the tendency for parts of the shell to break, thereby inhibiting accurate
measurement. In addition, the final rule includes a minimum height
measurement so that mature whelks with broken tips may still be harvested
if they meet the minimum height requirement.
Additionally, the gear tending and marking requirements will minimize
theft and aid law enforcement in returning lost gear to license holders.
7. Small business and local government participation:
DEC presented the proposed rule to the Marine Resources Advisory
Council (MRAC) at the March 6, 2018 meeting; based on comments
received as a result of that meeting the rule was modified. The modified
rule was presented again at the MRAC meeting on January 22, 2019.
8. For rules that either establish or modify a violation or penalties as-
sociated with a violation:
Pursuant to the State Administrative Procedure Act § 202-b(1-a)(b)
NYS Register/May 11, 2022Rule Making Activities
8
(SAPA), a cure period is not included in the rule because of the potential
adverse impact on the resource. Cure periods for the illegal taking of fish
or crustacea are neither desirable nor recommended. Immediate compli-
ance is required to ensure that the general welfare of the public and the
resource are both protected.
9. Initial review of the rule, pursuant to SAPA § 207 as amended by L.
2012, ch. 462:
The proposed rule would be reviewed in three years.
Revised Rural Area Flexibility Analysis and Job Impact Statement
The edits made to the Express Terms do not require any changes to the
Rural Area Flexibility Analysis and Job Impact Statement.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially
reviewed in the calendar year 2025, which is no later than the 3rd year af-
ter the year in which this rule is being adopted.
Assessment of Public Comment
The Notice of Proposed Rule Making was published on April 21, 2021,
and the 60-day comment period ended June 21, 2021. Stakeholders were
informed about the public comment period through the Department of
Environmental Conservation (DEC) website, gov-delivery e-mail and
Marine Resources Advisory Council (MRAC). DEC received 27 letters
and e-mails during the public comment period. Three of these letters were
signed by multiple people. Most of the comments focused on the three
major proposed whelk rules which are summarized below.
1. Minimum size limit
Comment: General support for the proposed minimum size.
Two letters signed by multiple people and 11 individual correspondence
indicated support of the proposed 5 ½ inch minimum size limit. One letter
had 39 signatures mainly from commercial permit holders and dealers
while another letter was signed by 17 Suffolk County Legislators. The 11
individual correspondences were from commercial permit holders, Non-
Governmental Organizations, and the general public. Three individuals
who sent individual correspondence also signed the multiple signature
letter. A number of the commentors stated more than one reason why they
supported the proposal. The comments are addressed separately in the As-
sessment of Public Comment (APC) and summarized below.
Comments were received that supported the maturity data used to sup-
port the minimum size and referred to the reproductive benefits of the
minimum size.
Comments on the sustainability of the resource included that whelk is a
valuable resource and that the increase in price led to harvest of immature
whelk and that the population is declining. That a minimum size limit was
overdue and is needed to ensure the future sustainability of the fishery.
That the whelk population was impacted due to inaction in adopting a
minimum size limit. And that the 5 ½ inch minimum size limit was a good
first step but recommended a phased approach to increase the minimum
size over time to reach the size at 50 percent maturity.
Comments on the fishery included that a 5 ½ inch minimum size will
affect the catch and income of people harvesting small whelk but a fishery
collapse would be much worse, in time the small whelk will recruit to the
spawning stock and catch should increase. Markets pay higher price per
pound for larger whelks and larger whelks weigh more. A minimum size
limit was overdue, and concern of a fishery collapse would put harvesters
out of business if the minimum size wasn’t adopted. Adopting a smaller
minimum size limit and gradually increasing to 5 ½ inches wouldn’t work
due to decades of harvesting sub-mature whelk to the verge of reproduc-
tive collapse. If DEC wouldn’t enact a 5 ½ inch minimum size for all ar-
eas, they should consider a smaller minimum size in western areas and
adopt the 5 ½ inch minimum in eastern areas where there is almost unani-
mous support. If area management were enacted, the harvesters should not
be able to switch areas. There was also supported for the proposed 3
percent undersize allowance for breakage.
Other commentors stated that New York and Connecticut where the
only two states without a minimum size limit for whelk and New York and
Connecticut should coordinate adopting minimum size limits.
Comment: Support for a phased in minimum size.
Three commentors support the idea of a minimum size but recommend
that the size start at 5 inches and increase over several years. They are
concerned about economic impact of going directly to a 5 ½ inch mini-
mum size and a comment indicated the minimum size limit did not need to
increase to more than 5
1
/
4
inches.
DEC Response: While multiple research studies have determined that
most female whelks captured in and around LIS are immature at sizes
smaller than the proposed 5 ½ inch minimum size and continued harvest
of small whelk may impact the population of mature females, LIS is a
shared water body between NY and Connecticut (CT). Inconsistent size
limits between NY and CT would be difficult to enforce and unfair for
fishers. This Notice of Adoption includes a minimum size limit of 5 ½
inches for all areas other than Long Island Sound. It also includes separate
size limit for LIS in order to be consistent with CT’s proposed schedule. If
CT adopts their most recent proposed minimum size limit for LIS, the ap-
plicable minimum size limit for NY’s portion of LIS will begin at 4
3
/
4
inches, effective August 1, 2022. If CT fails to adopt a minimum size limit
before August 1, 2022, the applicable minimum size limit for NY’s por-
tion of LIS will be 5 ½ inches effective August 1, 2022.
Comment: Oppose the minimum size.
One letter signed by multiple people and 8 individual comments op-
posed the proposed minimum size limit. The multiple signature letter was
signed by 85 people, most were commercial permit holders. Nine individu-
als who sent individual correspondence also signed the multiple signature
letter. A number of the commentors stated more than one reason why they
were against the proposal -- those comments are addressed separately for
the purpose of this assessment.
Several commentors opposed the proposed minimum size limit but
indicated that if DEC was determined to adopt a minimum size, they
recommended a 5-inch minimum. A number of commentors stated that in
some areas, whelk never grow as large as 5 ½ inches, whelk mature at
sizes smaller than 5 ½ inches, and that DEC should postpone adoption of a
minimum size until more research is conducted on Long Island. Some
commentors stated there would be a substantial economic impact from the
minimum size and some said it would impact both whelk and horseshoe
crab permit holders. Some comments recommended 20 percent undersize
breakage allowance. Comments also mentioned that whelk is a predator
on shellfish and that protecting whelk could impact shellfish spawning
sanctuaries. Commentors stated New Jersey has a 5-inch minimum size
and Connecticut no size limit. A commentor also stated Rhode Island has a
4
3
/
4
inch size limit.
DEC response: Multiple research studies (available from DEC upon
request) determined that most female whelks captured in and around Long
Island are immature at sizes smaller than the proposed 5 ½ inch minimum
size. A smaller minimum size limit would not ensure enough female
whelks reach reproductive maturity before harvest. The continued harvest
of immature whelk will decrease the whelk population’s spawning
potential and increase the risk of fishery collapse. Whelks are especially
vulnerable to overharvest because they mature very slowly.
In recent years, market demand for whelk has significantly increased
which has led to increased fishing pressure. This increased fishing pres-
sure has caused a decline in the whelk population in NY and if this decline
is allowed to continue without restriction it could result in a collapse of the
whelk population. While whelk do feed on shellfish. However, failure to
adopt this rule making will likely result in the collapse of the whelk fishery.
DEC used data from permit holder’s harvest reports and biological
sampling of harvested whelk to estimate economic impacts to fishers.
DEC estimated in its notice of proposed rulemaking that each fisher may
lose on average as much as $4,000 per year as a result of the minimum
size limit. DEC continues to believe that this is a fair assessment of
potential economic impacts to fishers. Ultimately, the maintenance of long-
term sustainable fisheries will have a positive effect on employment for
the fisheries in question, as well as wholesale and retail outlets and other
related industries.
As discussed in previous comments, NY is adopting a phased-in size
limit schedule for LIS to be consistent with CT’s proposed size limit.
Outside of LIS, DEC is adopting a minimum size limit of 5 ½ inches shell
length or 2
1
/
4
shell height, which is consistent with Rhode Island’s mini-
mum size limit.
2. Bait bags
Four commentors support mandatory use of bait bags. Four commen-
tors oppose mandatory use of bait bags. Two commentors suggest alternate
bait saving devices. These comments are addressed separately in the As-
sessment of Public Comment (APC) and summarized below.
Comments supporting bait bags stated they may decrease the amount of
horseshoe crabs used as bait. There were comments that expressed concern
about the cost of bait bags. Commentors suggested alternative bait saving
devices and there were recommendations that only horseshoe crab should
be required to be in the bag. There were also comments that DEC shouldn’t
regulate how people bait their traps and that bait bags were inefficient.
There were also comments that bait bags would introduce more plastic in
the water.
DEC Response: The goal of mandatory use of bait bags is to decrease
the amount of horseshoe crabs used as bait. In response to the comments,
the proposed language has been revised to replace “bait bag” with “bait
saving device” which is defined as a device that is “a container (such as
bait bag or bait envelope) that is designed for the purposes of containing
horseshoe crabs or horseshoe crab parts within a whelk pot or trap, which
extends the effective fishing time of the horseshoe crab bait in the whelk
pot or trap.”
DEC is not requiring that fishers use bait bags made of plastic. The final
rule adopted by DEC includes “bait saving device” as defined above. This
term is more flexible and allows for alternatives, including non-plastic
containers.
NYS Register/May 11, 2022 Rule Making Activities
9
3. Changes to gear and reporting requirements
There were several comments in support of the gear and reporting
requirements, and several expressed concerns. The comments are ad-
dressed separately in the Assessment of Public Comment (APC) and sum-
marized below.
Commentors expressed general support for the proposals concerning
gear, recordkeeping, daily hauling, and pot identification. Other commen-
tors also support trap identification requirements but recommended that
only permit number be required. There were comments that expressed
concern about mandatory sink line and suggested alternatives to avoid
buoy lines floating on the surface. There was also concern that whelk
would need to be reported with crustaceans.
DEC Response: The goal of the proposed sink rope rule is to eliminate
floating surface line and decrease interaction with the boating public. In
response to these comments, the proposed language has been modified to
replace sink rope with “buoy lines must be constructed so they do not float
at the surface, such as a sinking line or weighted line.”
This amendment would not change any current reporting requirements.
Only permit numbers are required on commercial whelk pot tags.
4. Other comments
DEC received several other comments regarding the proposed rule. The
comments are addressed separately in the Assessment of Public Comment
(APC) and summarized below.
There were comments regarding whelk regulations in town waters, sug-
gestions for alternative management approaches, questions on possession
of undersize whelk and compensation for lost income. There were also
comments requesting a public hearing.
DEC response: DEC has broad jurisdiction to manage and protect the
marine resources of NY State pursuant to ECL Article 13, “Marine and
Coastal Resources.” ECL 13-0330(6) specifically authorizes DEC to adopt
regulations for the management of whelk, including size and possession
limits. Whelk that are below the minimum size limits established by this
rulemaking must be returned to the water unharmed.
5. Additional comments
DEC received several additional comments that were not directly re-
lated to the proposed rule and therefore will not be addressed as part of the
assessment of comment for this rulemaking.
Office of General Services
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Charitable Contributions Thru State Employees Federated
Appeals
I.D. No. GNS-19-22-00026-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Part 335 of Title 9 NYCRR.
Statutory authority: Executive Law, section 200; Finance Law, section
201(1)
Subject: Charitable Contributions Thru State Employees Federated
Appeals.
Purpose: To reflect efficiencies offered by modern business processes.
Substance of proposed rule (Full text is posted at the following State
website: https://ogs.ny.gov/rules-and-regulations): The proposed amend-
ments to 9 N.Y.C.R.R. Part 335 (State Employees Federated Appeal
“SEFA”) would modernize the SEFA program to provide for electronic
distribution of pledge cards and campaign book, create efficiencies by
centralizing more operations within the statewide SEFA Council, ensure
greater accountability by expanding the accounting requirements for feder-
ated community campaigns, prohibit cash contributions, and strengthen
the authority of the Commissioner of the Office of General Services (OGS)
to ensure compliance with the regulations.
Section 335.1 sets forth the policy, purpose, and scope of the regula-
tions, and includes a general overview of the proposed SEFA structure.
This section remains substantially unchanged.
Section 335.2 contains definitions for terms used throughout the
proposed regulations. A revised definition of “campaign” removes cash
contributions in order to promote efficiency and public accountability and
allows the Commissioner of General Services to determine whether to ac-
cept contributions by check, credit card and debit card. In addition, due to
changes in the structure of the program, the definition of Local SEFA
Committee is revised to make clear that the Local Committee is no longer
responsible for the pledge form or campaign book which will now be is-
sued centrally. Other definitional changes include updating terms that
relate to charitable organizations, IRS form 990 (Return of Organization
Exempt from Income Tax), and accounting terminology.
Section 335.3, which describes the make-up and responsibilities of the
Local SEFA Committee, has been revised to allow the Committee to oper-
ate more efficiently and to ensure that Committee members remain ac-
countable for their activities, by reducing the minimum number of em-
ployee participants that serve on the Committee, by requiring that the
Committee adopt bylaws that include provisions for removal of committee
members for cause and require compliance with the Public Officers Law,
by clarifying that the Committee will continue to approve local SEFA
campaign materials but will no longer approve the pledge form and cam-
paign book, and by minimizing the use of printed campaign materials.
Management responsibilities are clarified by requiring the Local Commit-
tees to review the financial reports of the campaign and compare them to
their local budget. The duty of the Local Committees to reimburse the
Statewide SEFA Council for its proportionate share of contributions has
also been clarified. This section also adds the involvement of the Statewide
SEFA Council in the absence of a Local Committee.
Section 335.4, which describes the make-up and responsibilities of the
Statewide SEFA Council, has been revised to allow the Council to operate
more efficiently and to ensure that Council members remain accountable
for their activities, by reducing the membership of the Council, by requir-
ing that the Council members comply with the Public Officers Law, and
by eliminating the provision for proxy voting. The geographic structure of
the Statewide SEFA Council and its regional makeup has been revised.
The Council will now be charged with the responsibility of publishing a
centrally produced annual campaign book for use in all campaigns. The
Council may continue to retain a charitable organization to support its
activities, but it must do so pursuant to a Request for Application (RFA)
process every 3 years, and any selection is subject to approval of the Com-
missioner and will require them to enter into a memorandum of under-
standing with the Statewide SEFA Council. The determination of the
amount that each Local Committee must pay to the Council to support its
activities is clarified with a formula that describes the computation of the
pro rata amount assessed against contributions made under this Part 335,
and there is a new provision mandating the payment of the allocated share
with a sanction for failure to make timely payment. A new provision sets
forth in detail the Council’s responsibilities with respect to creating and
maintaining the statewide campaign book, which shall, to the extent pos-
sible, be digitally published. Another new subdivision identifies the infor-
mation that must be included in the book in order, inter alia, to ensure
program accountability.
Section 335.5, which describes the make-up and responsibilities of the
Statewide SEFA Cabinet, has been revised to make clear that proxy voting
is not allowed.
Section 335.6, which sets out the eligibility and application require-
ments for charitable organizations to participate in the SEFA campaign,
has been revised to authorize the Statewide SEFA Council to require ap-
plicants to complete a vendor responsibility questionnaire on a form used
for not-for-profit organizations by the Office of the State Comptroller.
Section 335.7, which establishes the eligibility provisions, functions,
and duties of a federated community campaign manager (FCCMM), has
been revised by adding an RFA process enabling the Commissioner to
receive applications from charitable organizations to act as the FCCM in a
campaign area. In order to ensure that the FCCM is accountable and its
activities are transparent, the proposed regulations require that to act as an
FCCM, the charitable organization may be required to complete a vendor
responsibility questionnaire on a form used by not-for-profit organizations
by the State Comptroller and additionally include a statement of costs. The
FCCM’s role with respect to campaign books has been removed. FCCM’s
will be subject to additional accounting standards and campaign financing
requirements to ensure greater accountability. The requirement to comply
with the personal privacy protection provisions of the Public Officers Law
is now expressly set forth. Beginning with the 2022 campaign, the FCCM
is to conduct an electronic solicitation in a manner approved by the
Commissioner.
Section 335.8, which concerns substitutions of an existing FCCM, is
revised to also address FCCM mergers to promote efficiency and economy.
With respect to FCCMs that had been approved prior to the issuance of
these regulations in 2006, that approval will remain in effect for no more
than two campaigns from the effective date of these revised regulations, at
which time the FCCM will have to be selected pursuant to an RFA issued
by the Commissioner. In addition, provisions for substitution of a new
FCCM are clarified. The rules make clear that any FCCM that is removed
or replaced continues to have a fiduciary duty to distribute contributions
and pay approved expenses that relate to the campaign it conducted and to
NYS Register/May 11, 2022Rule Making Activities
10
account in the manner directed by the Local SEFA Committee, Statewide
SEFA Council or by the Commissioner of General Services. The regula-
tions also contain provisions to fill the gap in the event there is no quali-
fied FCCM in a given county or group of counties.
Section 335.9, which provides for revoking the eligibility of any charity
participating in SEFA, is amended to require that every three years the
charitable organization must be recertified and establishes a new process
for that recertification. The revocation procedures have also been updated
to clarify that the Commissioner of General Services may remove any
participating charity, upon notice and an opportunity to be heard, for not
complying with these regulations. In the event an FCCM is removed by
the statewide SEFA Council, it must appeal to the Commissioner prior to
bringing a lawsuit. During the pendency of such proceedings, the FCCM
must also continue to fulfill its fiduciary duties.
Section 335.10, which addresses the distribution of contributions and
pledges among participating charitable organizations, has been revised to
clarify the distribution of funds by FCCMs and requires that any Statewide
SEFA Council determination lowering the administrative cost percentage
of a local SEFA committee shall be made by July 15. The Statewide SEFA
Council may approve a higher percentage only if there are “compelling
reasons,” and any higher percentage is subject to the approval of the Com-
missioner of General Services.
Section 335.11 is added and sets out the requirements of State Finance
Law 201 with respect to the use of the pledge form that acts as the written
authorization for a payroll deduction. The design and format of the pledge
form will now be under the control of the Statewide SEFA Council. Under
the proposed revisions, employees will be able to file payroll deduction
authorizations throughout the year, and continuous giving will be allowed.
In order to implement continuous giving and thereby reduce the costs of
payroll processing, the payroll authorization will remain effective until
withdrawn by the employee (or on the employee’s last day on the payroll).
Furthermore, this new section makes clear that the pledge form, form for
withdrawal, and statewide campaign book may be made available
electronically by the State but that non-electronic hard copies will also be
made available as determined by the Statewide SEFA Council. Also,
participating charities, including FCCMs, must use the pledge and other
forms approved by the Statewide SEFA Council exclusively in all cam-
paign areas, and may not distribute unapproved forms.
Section 335.12, entitled “Preventing coercive activity,” is new and
provides standards to prevent coercive activity in the workplace.
Section 335.13, entitled “Sanctions and penalties,” is new and estab-
lishes the basis for imposition by the Commissioner of an appropriate
penalty and sanction, including removal from the program for a specified
period. Provision is also made for FCCMs to suspend distributions to re-
cipient organizations and place such suspended contributions in an
interest-bearing account, as directed by the Commissioner.
Section 335.14, entitled “Records retention,” is new and requires that
FCCMs, Local Committees, and the Statewide SEFA Council shall retain
documents pertinent to the campaign for at least three completed cam-
paign periods (other than pledge forms, cards or files relating to employee
contributions or withdrawal forms which have specific retention require-
ments), and that the Commissioner of General Services, the Comptroller,
and the Attorney General shall have access to the records.
Text of proposed rule and any required statements and analyses may be
obtained from: Paula B. Hanlon, Esq., Office of General Services, 36th
Floor Corning Tower, Governor Nelson A. Rockefeller ESP, Albany, NY
12242, (518) 474-0571, email: [email protected].gov
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement
1. Statutory Authority:
Section 200 of the Executive Law authorizes the Commissioner of the
Office of General Services (OGS) to adopt, amend or rescind rules and
regulations relating to the discharge of his or her functions, powers and
duties and those of OGS as prescribed by law.
Section 201(1) of the State Finance Law grants authority to the Com-
missioner of OGS to approve a single federated community campaign
(FCC) in a defined region for the purpose of solicitation of charitable
contributions from state employees. The statute also provides that the
Commissioner may promulgate such rules and regulations as may be nec-
essary to implement the authority granted therein.
2. Legislative Objectives:
To establish a program for the purpose of soliciting charitable contribu-
tions from state employees utilizing the most efficient and effective means
possible.
3. Needs and Benefits:
The proposal recognizes that the annual charitable campaign needs to
respond to efficiencies offered by modern business processes. These
regulations should result in higher workplace efficiency among the state
workforce, objective participation standards, improved accountability, an
increased level of administrative efficiency, and a heightened awareness of
employee privacy rights.
An FCC is a charitable non-profit organization, named by the Commis-
sioner of OGS by county or groups of counties, that solicits and distributes
funds to non-profit organizations. Upon the written direction of an em-
ployee, the Comptroller deducts the specified amount from the employee’s
salary and distributes it to the employee’s account maintained by the FCC
serving the county in which the employee is employed. Until 1980, no
regulations existed governing State Employees Federated Appeal (SEFA).
SEFA was simply administered by business practices that had been
developed through custom.
Among other things, the proposed amendments to the current regula-
tions make improvements to the current SEFA process. Certain amend-
ments clarify the roles of the Local SEFA Committee, Statewide SEFA
Council, Statewide SEFA Cabinet, and FCC. Under the proposed regula-
tions, the Statewide SEFA Council, rather than the Local SEFA Commit-
tee, will be responsible for approving the campaign book or pledge form.
The proposed regulations also encourage that the books be published
electronically. This will help reduce administrative costs.
Additionally, the proposed regulations provide that the Statewide SEFA
Council will use an RFA (request for application) to solicit the services it
needs from a federated community campaign manager or other charitable
organization. Pursuant to the proposed regulations, the Council’s selection
is subject to the approval of the Commissioner of OGS and the initial term
is for up to three campaign periods. The RFA process will ensure that a
fair and equitable decision is made when choosing an FCCM. Under the
proposed regulations, the Commissioner of OGS is authorized to suspend
or remove a participating charity or FCCM, after notice and an opportunity
to be heard, for not complying with the regulations. The proposed regula-
tions also provide a mechanism for placement of contributions in such
circumstances. This process should better ensure state employees and
retirees that their contributions are being protected in the event of any
substitutions of FCCMs.
4. Costs:
There are no added costs as a result of this proposal. In fact, the
proposed regulations should result in a savings to the State through
increased efficiencies, the reduction of administrative costs, and the
increased use of electronic distribution of pledge forms and campaign
books. For example, the new proposed certification process should provide
a significant savings in administrative time and effort for both the cam-
paign and for member charities.
5. Local Government Mandates:
There are no local government mandates included in the proposal.
6. Paperwork:
The paperwork required by this proposal includes the written informa-
tion that must be provided by a charitable organization to act as an FCCM
in response to a RFA, and the financial reports that are to be kept by the
FCCMs, including a calendar year cash report, fiscal year cash reconcilia-
tion and a fund accounting, as set forth in the amended 9 NYCRR
335.7(c)(5). However, the creation of these reports should already be a
part of the FCCM’s normal operations.
There will actually be a reduction in paperwork as a result of the
proposed regulations. While the current regulations require the creation
and distribution of books, the proposed regulations strongly encourage the
books to be available electronically. This will greatly reduce the amount of
paper used to support the SEFA Campaign.
7. Duplication:
This proposal does not duplicate any other rules or legal requirements
because it is the sole authorized charitable solicitation of New York State
employees and retirees.
8. Alternatives:
The first alternative considered was to leave the current regulations
unchanged. This was not acceptable because the proposed regulations are
necessary to amend a number of provisions to increase efficiency and ac-
countability, and reduce administrative expenses.
9. Federal Standards:
There are no federal government standards governing the establishment
of a charitable solicitation of New York State employees. The federal
government conducts a solicitation of its employees similar to SEFA,
known as the CFC. CFC regulations are published at 5 CFR Part 950.
Where possible, this proposal follows the framework set forth in the CFC
regulations.
10. Compliance Schedule:
Compliance with the rule shall be immediate upon adoption. It is
anticipated that the rule will be in effect for the 2022 annual solicitation
campaign.
Regulatory Flexibility Analysis
This proposal is not expected to impose an adverse economic impact on
small businesses or local governments. The proposed rule will only apply
NYS Register/May 11, 2022 Rule Making Activities
11
to the annual charitable solicitation of State employees known as the State
Employees Federated Appeal (SEFA) and does not impose regulatory
requirements on businesses or local governments. The rule relates to a
unique effort of State government to enable and facilitate, consistent with
sound managerial practices, the solicitation of charitable contributions
from State employees, and is mandatory only as to governance of deci-
sions of the Commissioner of General Services. Charities are not small
businesses, as they are not-for-profit organizations. However, even if chari-
ties were to be included in the definition of a small business, there would
not be any adverse economic impact on them.
Rural Area Flexibility Analysis
The proposed rule will not impose any adverse impact, reporting, record
keeping or other compliance requirements on public or private entities in
rural areas. The proposed rule will apply only to the annual charitable so-
licitation of State employees known as the State Employees Federated Ap-
peal (SEFA). Because it was evident from the nature of the proposed rule
that it does not adversely affect public or private entities in rural areas, no
further steps were needed to ascertain that fact, and none were taken. Ac-
cordingly, a rural area flexibility analysis is not required, and one has not
been prepared.
Job Impact Statement
There is no anticipated substantial adverse impact on jobs or employment
opportunities created by this proposal. The substance of the proposal is to
encourage the continued conduct of the annual charitable solicitation
among State employees known as the State Employees Federated Appeal
(SEFA). The annual campaign is conducted with volunteer help and with
the assistance of State government through dedication of certain employee
time. No jobs are expected to be displaced or created as a result of the
implementation of this proposal.
Department of Health
EMERGENCY
RULE MAKING
Face Coverings for COVID-19 Prevention
I.D. No. HLT-50-21-00003-E
Filing No. 326
Filing Date: 2022-04-22
Effective Date: 2022-04-22
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Repeal of section 2.60, Subpart 66-3; addition of new sec-
tion 2.60 to Title 10 NYCRR.
Statutory authority: Public Health Law, sections 201, 206 and 225
Finding of necessity for emergency rule: Preservation of public health,
public safety and general welfare
Specific reasons underlying the finding of necessity: The 2019 Coronavi-
rus (COVID-19) is a disease that causes mild to severe respiratory and
other symptoms, including fever, cough, and difficulty breathing. People
infected with COVID-19 have had symptoms ranging from those that are
mild (like a common cold) to severe pneumonia that requires medical care
in a general hospital and can be fatal, with a disproportionate risk of se-
vere illness for older adults and/or those who have serious underlying
medical health conditions.
On January 30, 2020, the World Health Organization (WHO) designated
the COVID-19 outbreak as a Public Health Emergency of International
Concern. On a national level, the Secretary of Health and Human Services
determined on January 31, 2020 that as a result of confirmed cases of
COVID-19 in the United States, a public health emergency existed and
had existed since January 27, 2020, nationwide. Thereafter, the situation
rapidly evolved throughout the world, with many countries, including the
United States, quickly progressing from the identification of travel-
associated cases to person-to-person transmission among close contacts of
travel-associated cases, and finally to widespread community transmission
of COVID-19.
Now, two years after the first cases were identified in the United States,
the COVID-19 pandemic continues to impact New York State. Beyond the
ongoing COVID-19 burden in communities, certain settings such as
crowded indoor spaces, public transit, nursing homes, and health care set-
tings, have been at increased risk for transmission.
To that end, these regulations provide that masking may be required
under certain circumstances, as determined by the Commissioner based on
COVID-19 incidence and prevalence, as well as any other public health
and/or clinical risk factors related to COVID-19 disease spread. Based on
the foregoing, the Department has determined that these emergency
regulations are necessary to permit flexibility to quickly adapt to changing
circumstances and increasing transmission rates and control the spread of
COVID-19, necessitating immediate action. Accordingly, pursuant to the
State Administrative Procedure Act Section 202(6), a delay in the issuance
of these emergency regulations would be contrary to public interest.
Subject: Face Coverings for COVID-19 Prevention.
Purpose: To control and promote the control of communicable diseases to
reduce their spread.
Text of emergency rule: Subpart 66-3 is hereby repealed.
Section 2.60 is repealed and replaced to read as follows:
2.60 Face Coverings for COVID-19 Prevention
(a) As determined by the Commissioner based on COVID-19 incidence
and prevalence, as well as any other public health and/or clinical risk fac-
tors related to COVID-19 disease spread, any person who is two years of
age or older and able to medically tolerate a face-covering may be
required to cover their nose and mouth with a mask or face-covering when:
(1) in a public place and unable to maintain, or when not maintaining,
physical distance; or (2) in certain settings as determined by the Commis-
sioner, which may include schools, public transit, homeless shelters, cor-
rectional facilities, nursing homes, and health care settings, and which
may distinguish between individuals who are vaccinated against
COVID-19 and those that are not vaccinated. The Commissioner shall is-
sue findings regarding the necessity of face-covering requirements at the
time such requirements are announced.
(b) Businesses must provide, at their expense, face-coverings for their
employees required to wear a mask or face-covering pursuant to subdivi-
sion (a) of this section.
(c) Large-scale indoor event venues with more than five thousand at-
tendees shall require patrons to wear face coverings consistent with
subdivision (a) of this section; may require all patrons to wear a face
covering irrespective of vaccination status; and may deny admittance to
any person who fails to comply. This regulation shall be applied in a man-
ner consistent with the federal Americans with Disabilities Act, New York
State or New York City Human Rights Law, and any other applicable pro-
vision of law.
(d) No business owner shall deny employment or services to or discrim-
inate against any person on the basis that such person elects to wear a
face-covering that is designed to inhibit the transmission of COVID-19,
but that is not designed to otherwise obscure the identity of the individual.
(e) For purposes of this section face-coverings shall include, but are
not limited to, cloth masks, surgical masks, and N-95 respirators that are
worn to completely cover a person’s nose and mouth.
(f) Penalities and enforcement.
(i) A violation of any provision of this Section is subject to all civil
and criminal penalties as provided for by law. Individuals or entities that
violate this Section are subject to a maximum fine of $1,000 for each
violation. For purposes of civil penalties, each day that an entity operates
in a manner inconsistent with the Section shall constitute a separate viola-
tion under this Section.
(ii) All local health officers shall take such steps as may be necessary
to enforce the provisions of this Section accordance with the Public Health
Law and this Title.
This notice is intended to serve only as a notice of emergency adoption.
This agency intends to adopt the provisions of this emergency rule as a
permanent rule, having previously submitted to the Department of State a
notice of proposed rule making, I.D. No. HLT-50-21-00003-P, Issue of
December 15, 2021. The emergency rule will expire June 20, 2022
Text of rule and any required statements and analyses may be obtained
from: Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs
Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-
7488, email: [email protected].gov
Regulatory Impact Statement
Statutory Authority:
The statutory authority for adding a new Section 2.60 is sections 201,
206, and 225 of the Public Health Law.
Legislative Objectives:
The legislative objective of PHL § 201 includes authorizing the New
York State Department of Health (“Department”) to control and promote
the control of communicable diseases to reduce their spread. Likewise, the
legislative objective of PHL § 206 includes authorizing the Commissioner
of Health to take cognizance of the interests of health and life of the people
of the state, and of all matters pertaining thereto and exercise the func-
NYS Register/May 11, 2022Rule Making Activities
12
tions, powers and duties of the department prescribed by law, including
control of communicable diseases. The legislative objective of Public
Health Law § 225 is, in part, to protect the public health by authorizing
PHHPC, with the approval of the Commissioner, to amend the State
Sanitary Code to address public health issues related to communicable
disease.
Needs and Benefits:
The 2019 Coronavirus (COVID-19) is a disease that causes mild to se-
vere respiratory and other symptoms, including fever, cough, and dif-
ficulty breathing. People infected with COVID-19 have had symptoms
ranging from those that are mild (like a common cold) to severe pneumo-
nia that requires medical care in a general hospital and can be fatal, with a
disproportionate risk of severe illness for older adults, those who have
serious underlying medical health conditions and those who are
unvaccinated.
On January 30, 2020, the World Health Organization (WHO) designated
the COVID-19 outbreak as a Public Health Emergency of International
Concern. On a national level, the Secretary of Health and Human Services
determined on January 31, 2020 that as a result of confirmed cases of
COVID-19 in the United States, a public health emergency existed and
had existed since January 27, 2020, nationwide. Thereafter, the situation
rapidly evolved throughout the world, with many countries, including the
United States, quickly progressing from the identification of travel-
associated cases to person-to-person transmission among close contacts of
travel-associated cases, and finally to widespread community transmission
of COVID-19.
Now, two years after the first cases were identified in the United States,
the COVID-19 pandemic continues to impact New York State. Beyond the
ongoing COVID-19 burden in communities, certain settings such as
crowded indoor spaces, public transit, nursing homes, and health care set-
tings, have been at increased risk for transmission. These regulations
provide that masking may be required under certain circumstances, as
determined by the Commissioner based on COVID-19 incidence and prev-
alence, as well as any other public health and/or clinical risk factors re-
lated to COVID-19 disease spread. The regulations are necessary to permit
flexibility to allow the Department to quickly adapt to changing circum-
stances related to the spread of COVID-19 and increasing transmission
rates.
Costs:
Costs to Regulated Parties:
As part of ongoing efforts to address the COVID-19 pandemic,
regulated parties have been a partner in implementing measures to limit
the spread and/or mitigate the impact of COVID-19 within the state since
March of 2020. Accordingly, this regulation does not impose additional
costs to regulated parties.
Costs to Local and State Governments:
State and local government are authorized to enforce civil and criminal
penalties related to the violation of these regulations, and there may be
some cost of enforcement, however such costs are anticipated to be
minimal as these provisions continue existing enforcement requirements.
Paperwork:
This regulation imposes no additional paperwork.
Local Government Mandates:
As part of ongoing efforts to address the COVID-19 pandemic, local
governments have been partners in implementing and enforcing measures
to limit the spread and/or mitigate the impact of COVID-19 within their
jurisdictions since March of 2020. Further, local governments have sepa-
rate authority and responsibilities to control disease within their jurisdic-
tions pursuant to PHL § 2100 and Part 2 of the State Sanitary Code.
Duplication:
There is no duplication of federal law.
Alternatives:
The alternative would be to not promulgate these emergency
regulations. However, this alternative was rejected, as the Department
believes this regulation will facilitate the Department’s ability to respond
to the evolving nature of this serious and ongoing communicable disease
outbreak.
Federal Standards:
States and local governments have primary authority for controlling
disease within their respective jurisdictions. Accordingly, there are no
federal statutes or regulations that apply to disease control within NYS.
Compliance Schedule:
The regulations will become effective upon filing with the Department
of State and will expire, unless renewed, 60 days from the date of filing.
As the COVID-19 pandemic is consistently and rapidly changing, it is not
possible to determine the expected duration of need at this point in time.
The Department will continuously evaluate the expected duration of these
emergency regulations throughout the aforementioned 60-day effective
period in making determinations on the need for continuing this regulation
on an emergency basis or issuing a notice of proposed ruling-making for
permanent adoption. This notice does not constitute a notice of proposed
or revised rule making for permanent adoption.
Regulatory Flexibility Analysis
Effect of Rule:
As part of ongoing efforts to address the COVID-19 pandemic, busi-
nesses and local government have been a partner in implementing
measures to limit the spread and/or mitigate the impact of COVID-19
within the state since March of 2020. Accordingly, this regulation will not
have a significant impact on or cost to small business and local
government.
Compliance Requirements:
These regulations update previously filed emergency regulations to
provide that masking may be required under certain circumstances, as
determined by the Commissioner based on COVID-19 incidence and prev-
alence, as well as any other public health and/or clinical risk factors re-
lated to COVID-19 disease spread.
Professional Services:
It is not expected that any professional services will be needed to
comply with this rule.
Compliance Costs:
As part of ongoing efforts to address the COVID-19 pandemic,
regulated parties have been a partner in implementing measures to limit
the spread and/or mitigate the impact of COVID-19 within the state since
March of 2020. Accordingly, this regulation will not have a significant
impact.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
As part of ongoing efforts to address the COVID-19 pandemic,
regulated parties have been a partner in implementing measures to limit
the spread and/or mitigate the impact of COVID-19 within the state since
March of 2020. Accordingly, any adverse impacts are expected to be
minimal.
Small Business and Local Government Participation:
Due to the emergent nature of COVID-19, small business and local
governments were not consulted.
Rural Area Flexibility Analysis
Type and Estimated Numbers of Rural Areas:
While this rule applies uniformly throughout the state, including rural
areas, for the purposes of this Rural Area Flexibility Analysis (RAFA),
“rural area” means areas of the state defined by Exec. Law § 481(7) (SAPA
§ 102(10)). Per Exec. Law § 481(7), rural areas are defined as “counties
within the state having less than two hundred thousand population, and the
municipalities, individuals, institutions, communities, and programs and
such other entities or resources found therein. In counties of two hundred
thousand or greater population ‘rural areas’ means towns with population
densities of one hundred fifty persons or less per square mile, and the vil-
lages, individuals, institutions, communities, programs and such other
entities or resources as are found therein.”
The following 44 counties have an estimated population of less than
200,000 based upon the 2019 United States Census county populations
projections:
Allegany County Greene County Schoharie County
Cattaraugus County Hamilton County Schuyler County
Cayuga County Herkimer County Seneca County
Chautauqua County Jefferson County St. Lawrence County
Chemung County Lewis County Steuben County
Chenango County Livingston County Sullivan County
Clinton County Madison County Tioga County
Columbia County Montgomery County Tompkins County
Cortland County Ontario County Ulster County
Delaware County Orleans County Warren County
Essex County Oswego County Washington County
Franklin County Otsego County Wayne County
Fulton County Putnam County Wyoming County
Genesee County Rensselaer County Yates County
Schenectady County
The following counties of have population of 200,000 or greater, and
towns with population densities of 150 person or fewer per square mile,
based upon the 2019 United States Census population projections:
NYS Register/May 11, 2022 Rule Making Activities
13
Albany County Monroe County Orange County
Broome County Niagara County Saratoga County
Dutchess County Oneida County Suffolk County
Erie County Onondaga County
Reporting, recordkeeping, and other compliance requirements; and
professional services:
These regulations update previously filed emergency regulations to
provide that masking may be required under certain circumstances, as
determined by the Commissioner based on COVID-19 incidence and prev-
alence, as well as any other public health and/or clinical risk factors re-
lated to COVID-19 disease spread.
Costs:
As part of ongoing efforts to address the COVID-19 pandemic,
regulated parties have been a partner in implementing measures to limit
the spread and/or mitigate the impact of COVID-19 within the state since
March of 2020. Accordingly, this regulation does not impose additional
costs to regulated parties.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
As part of ongoing efforts to address the COVID-19 pandemic,
regulated parties have been a partner in implementing measures to limit
the spread and/or mitigate the impact of COVID-19 within the state since
March of 2020. Accordingly, adverse impacts are expected to be minimal.
Rural Area Participation:
Due to the emergent nature of COVID-19, parties representing rural ar-
eas were not consulted.
Job Impact Statement
The Department of Health has determined that this regulatory change is
necessary to prevent further complete closure of the businesses impacted,
and therefore, while there may be lost revenue for many businesses, the
public health impacts of continued spread of COVID-19 are much greater.
Assessment of Public Comment
The Department of Health (“Department”) received well over 10,000 com-
ments from members of the public. Given the extraordinarily high volume
of comments received, the Department is still processing comments and
will provide a detailed summary of all comments, along with responses,
after a full assessment can be completed. Based on a preliminary review
of the comments received, the majority of commenters expressed opposi-
tion to the emergency regulation and the use of face coverings more
broadly. Commenters also questioned the effectiveness of masks and
expressed frustration with being required to wear facemasks or having to
enforce the masking requirement. Commenters also expressed concern
that the emergency regulation circumvents the regulatory and legislative
process. Commenters suggested that the Department allow the emergency
regulation to lapse. This alternative was not incorporated into the emer-
gency regulation because it would significantly undermine the Depart-
ment’s ability to control the spread of COVID-19 and would render the
emergency regulation ineffective. Based on the comments reviewed to
date, the only change being made to this readoption of the emergency
regulation is to clarify that masks may be required for persons two years
of age or older, instead of stating persons over two years of age.
EMERGENCY
RULE MAKING
Investigation of Communicable Disease; Isolation and
Quarantine
I.D. No. HLT-19-22-00017-E
Filing No. 305
Filing Date: 2022-04-22
Effective Date: 2022-04-22
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Part 2, section 405.3; addition of section 58-
1.14 to Title 10 NYCRR.
Statutory authority: Public Health Law, sections 225, 576 and 2803
Finding of necessity for emergency rule: Preservation of public health.
Specific reasons underlying the finding of necessity: Where compliance
with routine administrative procedures would be contrary to public inter-
est, the State Administrative Procedure Act (SAPA) § 202(6) empowers
state agencies to adopt emergency regulations necessary for the preserva-
tion of public health, safety, or general welfare. In this case, compliance
with SAPA for filing of this regulation on a non-emergency basis, includ-
ing the requirement for a period of time for public comment, cannot be
met because to do so would be detrimental to the health and safety of the
general public.
The 2019 Coronavirus (COVID-19) is a disease that causes mild to se-
vere respiratory and other symptoms, including fever, cough, and dif-
ficulty breathing. People infected with COVID-19 have had symptoms
ranging from those that are mild (like a common cold) to severe pneumo-
nia that requires medical care in a general hospital and can be fatal, with a
disproportionate risk of severe illness for older adults and/or those who
have serious underlying medical health conditions.
On January 30, 2020, the World Health Organization (WHO) designated
the COVID-19 outbreak as a Public Health Emergency of International
Concern. On a national level, the Secretary of Health and Human Services
determined on January 31, 2020 that as a result of confirmed cases of
COVID-19 in the United States, a public health emergency existed and
had existed since January 27, 2020, nationwide. Thereafter, the situation
rapidly evolved throughout the world, with many countries, including the
United States, quickly progressing from the identification of travel-
associated cases to person-to-person transmission among close contacts of
travel-associated cases, and finally to widespread community transmission
of COVID-19.
New York State first identified cases on March 1, 2020 and thereafter
became the national epicenter of the outbreak.
Now, two years after the first cases were identified in the United States,
the COVID-19 pandemic continues to impact New York State. Based on
the ongoing burden COVID-19, the Department has determined that these
regulations, while applicable to several diseases, are necessary to
promulgate on an emergency basis to control the spread of COVID-19 in
New York State. Accordingly, current circumstances necessitate immedi-
ate action, and pursuant to the State Administrative Procedure Act Section
206(6), a delay in the issuance of these emergency regulations would be
contrary to public interest.
Subject: Investigation of Communicable Disease; Isolation and
Quarantine.
Purpose: Control of communicable disease.
Substance of emergency rule (Full text is posted at the following State
website: https://regs.health.ny.gov/regulations/emergency): These
regulations clarify the authority and duty of the New York State Depart-
ment of Health (“Department”) and local health departments to protect the
public in the event of an outbreak of communicable disease, through ap-
propriate public health orders issued to persons diagnosed with or exposed
to a communicable disease. These regulations also require hospitals to
report syndromic and disease surveillance data to the Department upon
direction from the Commissioner and clarify reporting requirements for
clinical laboratories with respect to communicable diseases.
This notice is intended to serve only as an emergency adoption, to be
valid for 90 days or less. This rule expires July 20, 2022.
Text of rule and any required statements and analyses may be obtained
from: Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs
Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-
7488, email: [email protected].gov
Regulatory Impact Statement
Statutory Authority:
The statutory authority for the regulatory amendments to Part 2 of Title
10 of the Official Compilation of Codes, Rules and Regulations of the
State of New York is Section 225 of the Public Health Law (PHL), which
authorizes the Public Health and Health Planning Council (PHHPC),
subject to the approval of the Commissioner of Health (Commissioner), to
establish and amend the State Sanitary Code (SSC) provisions related to
any matters affecting the security of life or health or the preservation and
improvement of public health in the State of New York. Additionally, Sec-
tion 2103 of the PHL requires all local health officers to report cases of
communicable disease to the New York State Department of Health
(Department).
The statutory authority for the proposed new section 58-1.14 of Title 10
of the Official Compilation of Codes, Rules and Regulations of the State
of New York is section 576 of the PHL, which authorizes the Department
to adopt regulations prescribing the requirements for the proper operation
of a clinical laboratory, including the methods and the manner in which
testing or analyses of samples shall be performed and reports submitted.
The statutory authority for the proposed amendments to section 405.3
of Title 10 of the Official Compilation of Codes, Rules and Regulations of
the State of New York is section 2803 of the PHL, which authorizes
PHHPC to adopt and amend rules and regulations, subject to the approval
NYS Register/May 11, 2022Rule Making Activities
14
of the Commissioner, to implement the purposes and provisions of PHL
Article 28, and to establish minimum standards governing the operation of
health care facilities.
Legislative Objectives:
The legislative objective of PHL § 225 is, in part, to protect the public
health by authorizing PHHPC, with the approval of the Commissioner, to
amend the SSC to address public health issues related to communicable
disease.
The legislative objective of PHL § 576 is, in part, to promote public
health by establishing minimum standards for clinical laboratory testing
and reporting of test results, including to the Department for purposes of
taking prompt action to address outbreaks of disease.
The legislative objective of PHL § 2803 includes among other objec-
tives authorizing PHHPC, with the approval of the Commissioner, to adopt
regulations concerning the operation of facilities licensed pursuant to
Article 28 of the PHL, including general hospitals.
Needs and Benefits:
The 2019 Coronavirus (COVID-19) is a disease that causes mild to se-
vere respiratory and other symptoms, including fever, cough, and dif-
ficulty breathing. People infected with COVID-19 have had symptoms
ranging from those that are mild (like a common cold) to severe pneumo-
nia that requires medical care in a general hospital and can be fatal, with a
disproportionate risk of severe illness for older adults and/or those who
have serious underlying medical health conditions.
On January 30, 2020, the World Health Organization (WHO) designated
the COVID-19 outbreak as a Public Health Emergency of International
Concern. On a national level, the Secretary of Health and Human Services
determined on January 31, 2020 that as a result of confirmed cases of
COVID-19 in the United States, a public health emergency existed and
had existed since January 27, 2020, nationwide. Thereafter, the situation
rapidly evolved throughout the world, with many countries, including the
United States, quickly progressing from the identification of travel-
associated cases to person-to-person transmission among close contacts of
travel-associated cases, and finally to widespread community transmission
of COVID-19.
Now, two years after the first cases were identified in the United States,
the COVID-19 pandemic continues to impact New York State. In light of
this situation, these regulations update, clarify and strengthen the
Department’s authority as well as that of local health departments to take
specific actions to control the spread of disease, including actions related
to investigation and response to a disease outbreak, as well as the issuance
of isolation and quarantine orders.
The following is a summary of the amendments to the Department’s
regulations:
Part 2 Amendments:
- Relocate and update definitions, and add new definitions.
DRepeal and replace current section 2.6, related to investigations, to
clarify existing local health department authority.
- Sets forth specific actions that local health departments must take to
investigate a case, suspected case, outbreak, or unusual disease.
- Requires individuals and entities subject to a public health investiga-
tion to cooperate with the Department and local health departments.
- While the Department works collaboratively with local health depart-
ments on a variety of public health issues, including disease control, this
regulation clarifies the authority for the Commissioner to lead disease
investigation activities under certain circumstances (i.e., where there is
potential for statewide impact, multiple jurisdictions impacted, or impact
on one or more New York State jurisdictions and another state or states),
while working collaboratively with impacted local health departments. In
all other situations, local health departments retain the primary authority
and responsibility to control communicable disease within their respective
jurisdictions, with the Department providing assistance as needed.
(i) Codifies in regulation the requirement that local health departments
send reports to the Department during an outbreak.
DNew section 2.13 added to clarify isolation and quarantine procedures.
- Clarify that the State Department of Health has the authority to issue
isolation and quarantine orders, as do local departments of health.
- Clarifies locations where isolation or quarantine may be appropriate.
- Sets forth requirements for the content of isolation and quarantine
orders.
- Specifies other procedures that apply when a person is isolated or
quarantined.
- Explicitly states that violation of an order constitutes grounds for civil
and/or criminal penalties.
- Relocates and updates existing regulatory requirements that require
the attending physician to report cases and suspected cases to the local
health authority, and requires physicians to provide instructions concern-
ing how to protect others.
Part 58 Amendments
DNew section 58-1.14 added clarifying reporting requirements for
certain communicable diseases
- Requires the Commissioner to designate those communicable diseases
that require prompt action, and to make available a list of such diseases on
the State Department of Health website.
- Requires clinical laboratories to immediately report positive test
results for communicable diseases identified as requiring prompt atten-
tion, in a manner and format identified by the Commissioner.
- Requires clinical laboratories to report all test results, including nega-
tive and indeterminate results, for communicable diseases identified as
requiring prompt attention, via the Electronic Clinical Laboratory Report-
ing System (ECLRS).
Part 405 Amendments
DMandates hospitals to report syndromic surveillance data during an
outbreak of a highly contagious communicable disease.
D Permits the Commissioner to direct hospitals to take patients during
an outbreak of a highly contagious communicable disease, which is con-
sistent with the federal Emergency Medical Treatment and Labor Act
(EMTALA).
Costs:
Costs to Regulated Parties:
The requirement that hospitals submit syndromic surveillance reports
when requested during an outbreak is not expected to result in any
substantial costs. Hospitals are already regularly and voluntarily submit-
ting data to the Department, and nearly all of them submit such reports
electronically. With regard to the Commissioner directing general hospitals
to accept patients during an outbreak of a highly contagious communicable
disease, hospitals are already required to adhere to the federal Emergency
Medical Treatment and Labor Act (EMTALA). Accordingly, both of these
proposed amendments will not impose any substantial additional cost to
hospitals.
Clinical laboratories must already report communicable disease testing
results using the ECLRS and must also immediately report communicable
diseases pursuant to PHL § 2102. The regulation simply clarifies existing
requirements and is not anticipated to imposes any substantial additional
costs beyond those costs that laboratories would incur in the absence of
these regulations.
Although there are costs associated with disease investigation and re-
sponse for any outbreak, these regulations clarify and strengthen the exist-
ing authorities and responsibilities of local governments. As such, these
regulations do not impose any substantial additional costs beyond what lo-
cal health departments would incur in the absence of these regulations.
Costs to Local and State Governments:
Although there are costs associated with disease investigation and re-
sponse for any outbreak, these regulations clarify and strengthen the exist-
ing authorities and responsibilities of local governments. As such, these
regulations do not impose any substantial additional costs beyond what lo-
cal health departments would incur in the absence of these regulations.
Further, making explicit the Department’s authority to lead investigation
activities will result in increased coordination of resources, likely result-
ing in a cost-savings for State and local governments.
Any clinical laboratories operated by a local government must already
report communicable disease testing results using the ECLRS and must
also immediately report communicable diseases pursuant to PHL § 2102.
The regulation simply clarifies existing requirements and is not anticipated
to imposes any substantial additional costs beyond those costs that labora-
tories would incur in the absence of these regulations.
To the extent that the State Department of Health and local health
departments issue isolation and quarantine orders in response to COVID-
19, such actions will impose costs upon the state. As the scope of any
outbreak is difficult to predict, the cost to the State of issuing such orders
cannot be predicted at this time.
Paperwork:
Some hospitals may be required to make additional syndromic surveil-
lance reports that they are not already making. Otherwise, these regula-
tions do not require any additional paperwork.
Local Government Mandates:
Under existing regulation, local health departments already have the
authority and responsibility to take actions to control the spread of disease
within their jurisdictions. The proposed amendments clarify these existing
authorities and duties.
Duplication:
There is no duplication in existing State or federal law.
Alternatives:
The alternative would be to leave in place the current regulations on
disease investigation and isolation and quarantine. However, many of
these regulatory provisions have not been updated in fifty years and should
be modernized to ensure appropriate response to a disease outbreak, such
as COVID-19.
Federal Standards:
States and local governments have primary authority for controlling
disease within their respective jurisdictions. Accordingly, there are no
federal statutes or regulations that apply to disease control within NYS.
NYS Register/May 11, 2022 Rule Making Activities
15
Compliance Schedule:
These emergency regulations will become effective upon filing with the
Department of State and will expire, unless renewed, 90 days from the
date of filing. As the COVID-19 pandemic is consistently and rapidly
changing, it is not possible to determine the expected duration of need at
this point in time. The Department will continuously evaluate the expected
duration of these emergency regulations throughout the aforementioned
90-day effective period in making determinations on the need for continu-
ing this regulation on an emergency basis or issuing a notice of proposed
rulemaking for permanent adoption. This notice does not constitute a no-
tice of proposed or revised rule making for permanent adoption.
Regulatory Flexibility Analysis
Effect of Rule:
Under existing regulation, local health departments already have the
authority and responsibility to take actions to control the spread of disease
within their jurisdictions. The proposed amendments clarify these existing
authorities and duties.
Compliance Requirements:
Under existing regulation, local health departments already have the
authority and responsibility to take actions to control the spread of disease
within their jurisdictions. The proposed amendments clarify these existing
authorities and duties. With respect to mandating syndromic surveillance
reporting during an outbreak of a highly infectious communicable disease,
hospitals are already reporting syndromic surveillance data regularly and
voluntarily.
With respect to clinical laboratories, they must already report com-
municable disease testing results using the ECLRS and must also im-
mediately report communicable diseases pursuant to PHL § 2102. The
regulation simply clarifies existing requirements and is not anticipated to
imposes any substantial additional costs beyond those costs that laborator-
ies would incur in the absence of these regulations.
Professional Services:
It is not expected that any professional services will be needed to
comply with this rule.
Compliance Costs:
Although there are costs associated with disease investigation and re-
sponse for any outbreak, these regulations clarify and strengthen the exist-
ing authorities and responsibilities of local governments. As such, these
regulations do not impose any substantial additional costs beyond what lo-
cal health departments would incur in the absence of these regulations.
Further, making explicit the Department’s authority to lead investiga-
tion activities will result in increased coordination of resources, likely
resulting in a cost-savings for State and local governments.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
As the proposed regulations largely clarify existing responsibility and
duties among regulated entities and individuals, any adverse impacts are
expected to be minimal. The Department, however, will work with
regulated entities to ensure they are aware of the new regulations and have
the information necessary to comply.
Small Business and Local Government Participation:
Due to the emergent nature of COVID-19, small business and local
governments were not consulted. If these regulations are proposed for per-
manent adoption, all parties will have an opportunity provided comments
during the notice and comment period.
Rural Area Flexibility Analysis
Types and Estimated Numbers of Rural Areas:
While this rule applies uniformly throughout the state, including rural
areas, for the purposes of this Rural Area Flexibility Analysis (RAFA),
“rural area” means areas of the state defined by Exec. Law § 481(7) (SAPA
§ 102(10)). Per Exec. Law § 481(7), rural areas are defined as “counties
within the state having less than two hundred thousand population, and the
municipalities, individuals, institutions, communities, and programs and
such other entities or resources found therein. In counties of two hundred
thousand or greater population ‘rural areas’ means towns with population
densities of one hundred fifty persons or less per square mile, and the vil-
lages, individuals, institutions, communities, programs and such other
entities or resources as are found therein.”
The following 44 counties have a population of less than 200,000 based
upon 2020 United States Census data:
Allegany County Greene County Schoharie County
Cattaraugus County Hamilton County Schuyler County
Cayuga County Herkimer County Seneca County
Chautauqua County Jefferson County St. Lawrence County
Chemung County Lewis County Steuben County
Chenango County Livingston County Sullivan County
Clinton County Madison County Tioga County
Columbia County Montgomery County Tompkins County
Cortland County Ontario County Ulster County
Delaware County Orleans County Warren County
Essex County Oswego County Washington County
Franklin County Otsego County Wayne County
Fulton County Putnam County Wyoming County
Genesee County Rensselaer County Yates County
Schenectady County
The following counties of have population of 200,000 or greater, and
towns with population densities of 150 person or fewer per square mile,
based upon the United States Census estimated county populations for
2010:
Albany County Monroe County Orange County
Broome County Niagara County Saratoga County
Dutchess County Oneida County Suffolk County
Erie County Onondaga County
Reporting, Recordkeeping, and Other Compliance Requirements; and
Professional Services:
As the proposed regulations largely clarify existing responsibilities and
duties among regulated entities and individuals, no additional recordkeep-
ing, compliance requirements, or professional services are expected. With
respect to mandating syndromic surveillance reporting during an outbreak
of a highly infectious communicable disease, hospitals are already report-
ing syndromic surveillance data regularly and voluntarily. Additionally,
the requirement for local health departments to continually report to the
Department during an outbreak is historically a practice that already
occurs. With respect to clinical laboratories, they must already report com-
municable disease testing results using the ECLRS and must also im-
mediately report communicable diseases pursuant to PHL § 2102.
Costs:
As the proposed regulations largely clarify existing responsibility and
duties among regulated entities and individuals, no initial or annual capital
costs of compliance are expected above and beyond the cost of compli-
ance for the requirements currently in Parts 2, 58 and 405.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
As the proposed regulations largely clarify existing responsibility and
duties among regulated entities and individuals, any adverse impacts are
expected to be minimal. The Department, however, will work with local
health departments to ensure they are aware of the new regulations and
have the information necessary to comply.
Rural Area Participation:
Due to the emergent nature of COVID-19, parties representing rural ar-
eas were not consulted. If these regulations are proposed for permanent
adoption, all parties will have an opportunity provided comments during
the notice and comment period.
Job Impact Statement
The Department of Health has determined that this regulatory change will
not have a substantial adverse impact on jobs and employment, based
upon its nature and purpose.
EMERGENCY
RULE MAKING
Surge and Flex Health Coordination System
I.D. No. HLT-19-22-00018-E
Filing No. 308
Filing Date: 2022-04-25
Effective Date: 2022-04-25
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
NYS Register/May 11, 2022Rule Making Activities
16
Action taken: Addition of sections 1.2, 700.5, Part 360; amendment of
sections 400.1, 405.24 and 1001.6 of Title 10 NYCRR; amendment of sec-
tions 487.3, 488.3 and 490.3 of Title 18 NYCRR.
Statutory authority: Public Health Law, sections 225, 576, 2800, 2803,
4662; Social Services Law, section 461
Finding of necessity for emergency rule: Preservation of public health.
Specific reasons underlying the finding of necessity: During a state disas-
ter emergency with significant public health impact, and where compli-
ance with certain regulations may prevent, hinder or delay action neces-
sary to cope with the disaster, as is the case with COVID-19, these
proposed regulations will ensure that the State has the most efficient
regulatory tools to facilitate the State’s and regulated parties’ response ef-
forts to Surge and Flex the healthcare system statewide. Additionally, this
authority will also ensure that the Department has the flexibility to impose
additional requirements, where necessary, to ensure effective response to a
declared state disaster emergency. Accordingly, these tools will help ensure
the health and safety of patients and residents in New York State.
Executive Order 11, issued November 26, 2021, and continued by Ex-
ecutive Order 11.4 on March 16, 2022, declared a State disaster emer-
gency that activated the Surge and Flex Health Care Coordination System
under these regulations.
Of note, a Notice of Proposed Rule Making was published in the State
Register on February 16, 2022, with a public comment period that ends on
April 18, 2022. The Department intends these emergency regulations to be
in effect only until such time as the Department can publish an Assess-
ment of Public Comment and adopt a Final Rule, which would make the
Proposed Rule permanent.
Subject: Surge and Flex Health Coordination System.
Purpose: Provides authority to the Commissioner to direct certain actions
and waive certain regulations in an emergency.
Substance of emergency rule (Full text is posted at the following State
website: https://regs.health.ny.gov/regulations/emergency): Although
the Governor retains authority to issue Executive Orders to temporarily
suspend or modify regulations pursuant to the Executive Law, these
proposed regulatory amendments would provide an expedient and coher-
ent plan to implement quickly the relevant temporary suspensions or
modifications. The proposed regulatory amendments would permit the
State Commissioner of Health or designee to take specific actions, as well
as to temporarily suspend or modify certain regulatory provisions (or parts
thereof) in Titles 10 and 18 of the NYCRR during a state disaster emer-
gency, where such provisions are not required by statute or federal law.
These proposed amendments would also permit the Commissioner to take
certain actions, where consistent with any Executive Order (EO) issued by
the Governor during a declared state disaster emergency. Examples include
issuing directives to authorize and require clinical laboratories or hospitals
to take certain actions consistent with any such EOs, as well as the
temporary suspension or modification of additional regulatory provisions
when the Governor temporarily suspends or modifies a controlling state
statute.
The proposed regulatory amendments would also require hospitals to:
develop disaster emergency response plans; maintain a 60-day supply of
personal protective equipment (PPE); ensure that staff capable of working
remotely are equipped and trained to do so; and report data as requested
by the Commissioner.
This notice is intended to serve only as an emergency adoption, to be
valid for 90 days or less. This rule expires July 23, 2022.
Text of rule and any required statements and analyses may be obtained
from: Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs
Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-
7488, email: [email protected].gov
Regulatory Impact Statement
Statutory Authority:
The authority for the promulgation of these regulations with respect to
facilities subject to Article 28 of the Public Health Law (PHL) is contained
in PHL sections 2800 and 2803(2). PHL Article 28 (Hospitals), section
2800, specifies: “Hospital and related services including health-related
service of the highest quality, efficiently provided and properly utilized at
a reasonable cost, are of vital concern to the public health. In order to
provide for the protection and promotion of the health of the inhabitants of
the state, pursuant to section three of article seventeen of the constitution,
the department of health shall have the central, comprehensive responsibil-
ity for the development and administration of the state’s policy with re-
spect to hospital and related services, and all public and private institu-
tions, whether state, county, municipal, incorporated or not incorporated,
serving principally as facilities for the prevention, diagnosis or treatment
of human disease, pain, injury, deformity or physical condition or for the
rendering of health-related service shall be subject to the provisions of this
article.” PHL section 2801 defines the term “hospital” as also including
residential health care facilities (nursing homes) and diagnostic and treat-
ment centers (D&TCs). PHL section 2803 (2) authorizes PHHPC to adopt
and amend rules and regulations, subject to the approval of the Commis-
sioner, to implement the purposes and provisions of PHL Article 28, and
to establish minimum standards governing the operation of such health
care facilities.
PHL section 4662 authorizes the Commissioner to issue regulations
governing assisted living residences. Social Services Law (SSL) section
461(1) authorizes the Commissioner to promulgate regulations establish-
ing standards applicable to adult care facilities. PHL section 576 authorizes
the Commissioner to regulate clinical laboratories.
PHL section 225 authorizes the Public Health and Health Planning
Council (PHHPC) and the Commissioner to establish and amend the State
Sanitary Code (SSC) provisions related to any matters affecting the secu-
rity of life or health or the preservation and improvement of public health
in the State of New York.
Upon the future declaration of any disaster emergency, any further au-
thorization by the Governor pursuant to article 2-B of the Executive Law,
if it should suspend any statutes which otherwise conflict with these
regulations, will establish the immediate effectiveness of these provisions.
Legislative Objectives:
The objectives of PHL Article 28 include protecting the health of New
York State residents by ensuring that they have access to safe, high-quality
health services in medical facilities, while also protecting the health and
safety of healthcare workers. Similarly, PHL Articles 36 and 40 ensure
that the Department has the tools needed to achieve these goals in the
home care and hospice spaces, and PHL section 4662 and SSL section 461
likewise ensure that the Department has appropriate regulatory authority
with respect to assisted living residences and adult care facilities. PHL
section 576 ensures that the Commissioner has appropriate regulatory
authority over clinical laboratories. Finally, PHL section 225 ensures that
the State Sanitary Code includes appropriate regulations in the areas of
communicable disease control and environmental health, among others.
By permitting the Commissioner to temporarily suspend or modify
regulatory provisions in each these areas, where not required by state stat-
ute or federal law, or where he is authorized by a gubernatorial Executive
Order, these amendments provide crucial flexibility for this and future
emergency response efforts.
Needs and Benefits:
During a state disaster emergency, Section 29-a of the Executive Law
permits the Governor to, among other things, “temporarily suspend
specific provisions of any statute, local law, ordinance, or orders, rules or
regulations, or parts thereof, of any agency during a state disaster emer-
gency, if compliance with such provisions would prevent, hinder, or delay
action necessary to cope with the disaster.”
Although the Governor retains authority to issue Executive Orders to
temporarily suspend or modify regulations pursuant to the Executive Law,
these proposed regulatory amendments would provide an expedient and
coherent plan to implement quickly the relevant temporary suspensions or
modifications. The proposed regulatory amendments would permit the
State Commissioner of Health or designee to take specific actions, as well
as to temporarily suspend or modify certain regulatory provisions (or parts
thereof) in Titles 10 and 18 of the NYCRR during a state disaster emer-
gency, where such provisions are not required by statute or federal law.
These proposed amendments would also permit the Commissioner to take
certain actions, where consistent with any Executive Order (EO) issued by
the Governor during a declared state disaster emergency. Examples include
issuing directives to authorize and require clinical laboratories or hospitals
to take certain actions consistent with any such EOs, as well as the
temporary suspension or modification of additional regulatory provisions
when the Governor temporarily suspends or modifies a controlling state
statute.
The proposed regulatory amendments would also require hospitals to:
develop disaster emergency response plans; maintain a 60-day supply of
personal protective equipment (PPE); ensure that staff capable of working
remotely are equipped and trained to do so; and report data as requested
by the Commissioner.
During a state disaster emergency with significant public health impact,
and where compliance with certain regulations may prevent, hinder or
delay action necessary to cope with the disaster, as is the case with
COVID-19, this authority will ensure that the State has the most efficient
regulatory tools to facilitate the State’s and regulated parties’ response ef-
forts to Surge and Flex the healthcare system statewide. Additionally, this
authority will also ensure that the Department has the flexibility to impose
additional requirements, where necessary, to ensure effective response to a
declared state disaster emergency. Accordingly, these tools will help ensure
the health and safety of patients and residents in New York State.
Costs:
Costs to Regulated Parties:
As demonstrated during the COVID-19 pandemic emergency, signifi-
NYS Register/May 11, 2022 Rule Making Activities
17
cant provider costs, as well as local, regional and state costs, were incurred
as a result of the need to respond to the demand for urgent healthcare and
related services. These costs had significant impact throughout the state. It
is anticipated there would be similar types of costs in a widespread emer-
gency that would need to be addressed through both appropriate prepared-
ness as well as within, and as part of, a coordinated response to a specific
situation.
To the extent that additional requirements are imposed on regulated
parties by these proposed regulatory amendments, most requirements
would be in effect only for the duration of a declared state disaster emer-
gency, with the hope of limiting costs to the extent possible.
Costs to Local Governments:
As demonstrated during the COVID-19 pandemic emergency, signifi-
cant provider costs, as well as local, regional and state costs, were incurred
as a result of the need to respond to the demand for urgent healthcare and
related services. These costs had significant impact throughout the state. It
is anticipated there would be similar types of costs in a widespread emer-
gency that would need to be addressed through both appropriate prepared-
ness as well as within and as part of a coordinated response to a specific
situation.
To the extent additional requirements are imposed on local govern-
ments that operate facilities regulated by the Department, most require-
ments would be in effect only for the duration of a declared state disaster
emergency, with the hope of limiting costs to the extent possible.
Cost to State Government:
The administration and oversight of these planning and response activi-
ties will be managed within the Department’s existing resources.
Paperwork:
It is not anticipated that the proposed regulatory amendments will
impose any significant paperwork requirements. Although these proposed
amendments require additional reporting, these reports can be submitted
electronically using the current platforms that facilities are already using.
Moreover, such reporting requirements would only be activated during a
declared state disaster emergency, thereby limiting the burden.
Local Government Mandates:
Facilities operated by local governments will subject to the same
requirements as any other regulated facility, as described above.
Duplication:
These proposed regulatory amendments do not duplicate state or federal
rules.
Alternatives:
The alternative would be to not promulgate the regulation. However,
this alternative was rejected, as the Department believes that these regula-
tory amendments are necessary to facilitate response to a state disaster
emergency.
Federal Standards:
42 CFR 482.15 establishes emergency preparedness minimum stan-
dards in four core areas including emergency planning, development of
applicable policies and procedures, communications plan, and training
and testing. These proposed amendments would complement the federal
regulation and further strengthen hospitals’ emergency preparedness and
response programs.
Compliance Schedule:
These regulatory amendments will become effective upon filing with
the Department of State.
Regulatory Flexibility Analysis
Effect of Rule:
The proposed regulatory amendments would primarily affect health
care professionals, licensed health care facilities, permitted clinical labo-
ratories, emergency medical service personnel, providers, and agencies,
and pharmacies.
Compliance Requirements:
A significant portion of these regulatory amendments are designed to
provide regulatory relief during a declared state disaster emergency. Where
the regulatory amendments would impose requirements, most of them
would only be applicable when there is a declared state disaster emergency.
An example of a requirement that may be implemented during a declared
state disaster emergency is reporting of data and inventory as requested by
the Commissioner (i.e. medical supplies and equipment, as well as hospital
bed capacity, bed utilization, patient demographics, etc.). There are certain
ongoing requirements proposed by this regulatory amendments, which
would apply regardless of whether there is a declared state disaster emer-
gency, in which hospitals would be required to: (1) maintain minimum
levels of PPE; (2) ensure work from home capabilities; and (3) develop di-
saster emergency response plans.
Professional Services:
It is not expected that any professional services will be required to
comply with the proposed regulatory amendments.
Compliance Costs:
As demonstrated during the COVID-19 pandemic emergency, signifi-
cant provider costs, as well as local, regional and state costs, were incurred
as a result of the need to respond to the demand for urgent healthcare and
related services. These costs had significant impact throughout the state. It
is anticipated there would be similar types of costs in a widespread emer-
gency that would need to be addressed through both appropriate prepared-
ness as well as within and as part of a coordinated response to a specific
situation.
To the extent additional requirements are imposed on small businesses
and local governments by these proposed regulatory amendments, most
requirements would only be in effect for the duration of a declared state
disaster emergency, with the hope of limiting costs to the extent possible.
Ongoing costs requiring hospitals to maintain a minimum PPE supply and
ensure work from home capabilities should have been addressed through-
out the ongoing COVID-19 pandemic, thereby limiting costs of continued
implementation. Ongoing costs related to hospital development of disaster
emergency response plan will complement and build upon existing plan-
ning documents that hospitals are already required to have, which also
limits costs.
Economic and Technological Feasibility:
There are no economic or technological impediments to the proposed
regulatory amendments.
Minimizing Adverse Impact:
Although the proposed regulatory amendments impose some additional
requirements on regulated parties, most of these requirements are only
triggered during a declared state disaster emergency. Proposed amend-
ments that would impose ongoing requirements would only apply to
hospitals, and as noted above, will largely be a continuation of the efforts
already being employed by these entities.
Small Business and Local Government Participation:
Due to the emergency nature of COVID-19, small businesses and local
governments were not consulted.
Rural Area Flexibility Analysis
Types and Estimated Number of Rural Areas:
Although this rule applies uniformly throughout the state, including ru-
ral areas, for the purposes of this Rural Area Flexibility Analysis (RAFA),
“rural area” means areas of the state defined by Exec. Law § 481(7) (SAPA
§ 102(10)). Per Exec. Law § 481(7), rural areas are defined as “counties
within the state having less than two hundred thousand population, and the
municipalities, individuals, institutions, communities, and programs and
such other entities or resources found therein. In counties of two hundred
thousand or greater population ‘rural areas’ means towns with population
densities of one hundred fifty persons or less per square mile, and the vil-
lages, individuals, institutions, communities, programs and such other
entities or resources as are found therein.” The following 43 counties have
a population of less than 200,000 based upon the United States Census
estimated county populations for 2010:
Allegany County Greene County Schoharie County
Cattaraugus County Hamilton County Schuyler County
Cayuga County Herkimer County Seneca County
Chautauqua County Jefferson County St. Lawrence County
Chemung County Lewis County Steuben County
Chenango County Livingston County Sullivan County
Clinton County Madison County Tioga County
Columbia County Montgomery County Tompkins County
Cortland County Ontario County Ulster County
Delaware County Orleans County Warren County
Essex County Oswego County Washington County
Franklin County Otsego County Wayne County
Fulton County Putnam County Wyoming County
Genesee County Rensselaer County Yates County
Schenectady County
The following counties have a population of 200,000 or greater and
towns with population densities of 150 persons or fewer per square mile.
Data is based upon the United States Census estimated county populations
for 2010.
Albany County Monroe County Orange County
Broome County Niagara County Saratoga County
Dutchess County Oneida County Suffolk County
Erie County Onondaga County
NYS Register/May 11, 2022Rule Making Activities
18
Reporting, Recordkeeping, and Other Compliance Requirements; and
Professional Services:
A significant portion of these regulatory amendments are designed to
provide regulatory relief during a declared state disaster emergency. Where
the regulatory amendments would impose requirements, most of them
would only be applicable when there is a declared state disaster emergency.
An example of a requirement that may be implemented during a declared
state disaster emergency is reporting of data and inventory as requested by
the Commissioner (i.e. medical supplies and equipment, hospital bed capa-
city, bed utilization, patient demographics, etc.). There are certain ongoing
requirements proposed by this regulatory amendments, regardless of
whether there is a declared state disaster emergency, in which hospitals
would be required to: (1) maintain minimum levels of PPE; (2) ensure
work from home capabilities; and (3) develop disaster emergency response
plans. This regulation provides that the Commissioner’s directives shall be
incremental and geographically tailored and targeted at the Statewide,
regional, or community level, as dictated by infection rate data.
It is not expected that any professional services will be required to
comply with the proposed regulatory amendments.
Costs:
As a large part of these regulatory amendments would give the State
Commissioner of Health authority to temporarily suspend or modify
certain regulations within Titles 10 and 18 during a state disaster emer-
gency, these regulatory amendments are not expected to result in any sig-
nificant costs to public and private entities in rural areas.
To the extent additional requirements are imposed on public and private
entities in rural areas by these proposed regulatory amendments, such
requirements would only be in effect for the duration of a declared state
disaster emergency.
Lastly, per SAPA § 202-bb(3)(c), it is not anticipated that there will be
any significant variation in cost for different types of public and private
entities in rural areas.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
Although the proposed regulatory amendments impose additional
requirements on regulated parties, including those in rural areas, most of
these requirements are only triggered during a declared state disaster
emergency. Proposed amendments that would require disaster emergency
preparedness planning on the part of regulated parties will complement
and build upon existing state and federal planning requirements.
Rural Area Participation:
Due to the emergency nature of COVID-19, parties representing rural
areas were not consulted in the initial draft. However, parties representing
rural may submit comments during the notice and comment period for the
proposed regulations.
Job Impact Statement
The Department of Health has determined that these regulatory changes
will not have a substantial adverse impact on jobs and employment, based
upon its nature and purpose.
EMERGENCY
RULE MAKING
Hospital and Nursing Home Personal Protective Equipment
(PPE) Requirements
I.D. No. HLT-19-22-00019-E
Filing No. 309
Filing Date: 2022-04-25
Effective Date: 2022-04-25
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of sections 405.11 and 415.19 of Title 10
NYCRR.
Statutory authority: Public Health Law, section 2803
Finding of necessity for emergency rule: Preservation of public health.
Specific reasons underlying the finding of necessity: These regulations
are needed on an emergency basis to ensure hospital and nursing home
staff, as well as the patients and residents for whom they provide care, are
adequately protected during the current wave and in the event of another
resurgence of the 2019 Coronavirus (COVID-19) or another com-
municable disease outbreak. These regulations are specifically meant to
address the lessons learned in New York State from 2020 to 2021 during
the COVID-19 pandemic with respect to PPE.
On January 30, 2020, the World Health Organization (WHO) designated
the COVID-19 outbreak as a Public Health Emergency of International
Concern. On a national level, the Secretary of Health and Human Services
determined in January 2020 that a public health emergency existed. The
federally-declared public health emergency remains in effect.
New York State first identified cases on March 1, 2020 and thereafter
became the national epicenter of the outbreak. However, as a result of
global PPE shortages, many hospitals and nursing homes in New York
State had difficulty obtaining adequate PPE necessary to care for their
patients and residents. New York State provided general hospitals, nursing
homes, and other medical facilities with PPE from the State’s emergency
stockpile from the beginning of the COVID-19 outbreak.
These regulations are needed on an emergency basis to ensure that
hospitals and nursing homes Statewide do not again find themselves in
need of PPE from the State’s stockpile should another communicable dis-
ease outbreak occur, COVID-19 or otherwise. It is critically important that
PPE, including masks, gloves, respirators, face shields and gowns, is read-
ily available and used when needed, as hospital and nursing home staff
must don all required PPE t safely provide care for patients and residents
with communicable diseases, while ensuring that they themselves do not
become infected with a communicable disease.
Based on the foregoing, the Department has made the determination
that this emergency regulation is necessary to ensure that all gene ral
hospitals and nursing homes maintain a 60-day supply of PPE to ensure
that sufficient PPE is available in the event of a resurgence of COVID-19
or another communicable disease outbreak.
Subject: Hospital and Nursing Home Personal Protective Equipment
(PPE) Requirements.
Purpose: To ensure that all general hospitals and nursing homes maintain
a 60-day supply of PPE during the COVID-19 emergency.
Text of emergency rule: Section 405.11 is amended by adding a new
subdivision (g) as follows:
(g)(1) The hospital shall possess and maintain a supply of all neces-
sary items of personal protective equipment (PPE) sufficient to protect
health care personnel, consistent with federal Centers for Disease Control
and Prevention guidance, for at least 60 days, by August 31, 2021.
(2) The 60-day stockpile requirement set forth in paragraph (1) of
this subdivision shall be determined by the Department as follows for each
type of required PPE:
(i) for single gloves, fifteen percent, multiplied by the number of
the hospital’s staffed beds as determined by the Department, multiplied by
550;
(ii) for gowns, fifteen percent, multiplied by the number of the
hospital’s staffed beds as determined by the Department, multiplied by 41;
(iii) for surgical masks, fifteen percent, multiplied by the number of
the hospital’s staffed beds as determined by the Department, multiplied by
21; and
(iv) for N95 respirator masks, fifteen percent, multiplied by the
number of the hospital’s staffed beds as determined by the Department,
multiplied by 9.6.
(3) The Commissioner shall have discretion to increase the stockpile
requirement set forth in paragraph (1) of this subdivision from 60 days to
90 days where there is a State or local public health emergency declared
pursuant to Section 24 or 28 of the Executive Law. Hospitals shall possess
and maintain the necessary 90-day stockpile of PPE by the deadline set
forth by the Commissioner.
(4) In order to maximize the shelf life of stockpiled inventory, provid-
ers should follow the appropriate storage conditions as outlined by
manufacturers and inventory should be rotated through regular usage and
replace what has been used in order to ensure a consistent readiness level,
and expired products should be disposed of when their expiration date has
passed. Expired products shall not be used to comply with the stockpile
requirement set forth in paragraph (1) of this subdivision.
(5) Failure to possess and maintain the required supply of PPE may
result in the revocation, limitation, or suspension of the hospital’s license;
provided, however, that no such revocation, limitation, or suspension shall
be ordered unless the Department has provided the hospital with a fourteen
day grace period, solely for a hospital’s first violation of this section, to
achieve compliance with the requirement set forth herein.
Section 415.19 is amended by adding a new subdivision (f) as follows:
(f)(1) The nursing home shall possess and maintain a supply of all
necessary items of personal protective equipment (PPE) sufficient to
protect health care personnel, consistent with federal Centers for Disease
Control and Prevention guidance, for at least 60 days, by August 31, 2021.
(2) The 60-day stockpile requirement set forth in paragraph (1) of
this subdivision shall be determined by the Department as follows for each
type of required PPE:
(i) for single gloves, the applicable positivity rate, multiplied by
the number of certified nursing home beds as indicated on the nursing
home’s operating certificate, multiplied by 24;
NYS Register/May 11, 2022 Rule Making Activities
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(ii) for gowns, the applicable positivity rate, multiplied by the
number of certified nursing home beds as indicated on the nursing home’s
operating certificate, multiplied by 3;
(iii) for surgical masks, the applicable positivity rate, multiplied
by the number of certified nursing home beds as indicated on the nursing
home’s operating certificate, multiplied by 1.5; and
(iv) for N95 respirator masks, the applicable positivity rate,
multiplied by the number of certified nursing home beds as indicated on
the nursing home’s operating certificate, multiplied by 1.4.
(v) For the purposes of this paragraph, the term “applicable
positivity rate” shall mean the greater of the following positivity rates:
(a) The nursing home’s average COVID-19 positivity rate, based
on reports made to the Department, during the period April 26, 2020
through May 20, 2020; or
(b) The nursing home’s average COVID-19 positivity rate, based
on reports made to the Department, during the period January 3, 2021
through January 31, 2021; or
(c) 20.15 percent, representing the highest Regional Economic
Development Council average COVID-19 positivity rate, as reported to
the Department, during the periods April 26, 2020 through May 20, 2020
and January 3, 2021 through January 31, 2021.
(3) In order to maximize the shelf life of stockpiled inventory, provid-
ers should follow the appropriate storage conditions as outlined by
manufacturers and inventory should be rotated through regular usage and
replace what has been used in order to ensure a consistent readiness level,
and expired products should be disposed of when their expiration date has
passed. Expired products shall not be used to comply with the stockpile
requirement set forth in paragraph (1) of this subdivision.
(4) Failure to possess and maintain the required supply of PPE may
result in the revocation, limitation, or suspension of the nursing home’s
license; provided, however, that no such revocation, limitation, or suspen-
sion shall be ordered unless the Department has provided the nursing
home with a fourteen day grace period, solely for a nursing home’s first
violation of this section, to achieve compliance with the requirement set
forth herein.
This notice is intended to serve only as a notice of emergency adoption.
This agency intends to adopt this emergency rule as a permanent rule and
will publish a notice of proposed rule making in the State Register at some
future date. The emergency rule will expire July 23, 2022.
Text of rule and any required statements and analyses may be obtained
from: Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs
Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-
7488, email: [email protected].gov
Regulatory Impact Statement
Statutory Authority:
Section 2803 of the Public Health Law (PHL) authorizes the promulga-
tion of such regulations as may be necessary to implement the purposes
and provisions of PHL Article 28, including the establishment of mini-
mum standards governing the operation of health care facilities, including
hospitals and nursing homes.
Legislative Objectives:
The legislative objectives of PHL Article 28 include the protection and
promotion of the health of the residents of the State by requiring the ef-
ficient provision and proper utilization of health services, of the highest
quality at a reasonable cost.
Needs and Benefits:
The 2019 Coronavirus (COVID-19) is a disease that causes mild to se-
vere respiratory symptoms, including fever, cough, and difficulty
breathing. People infected with COVID-19 have had symptoms ranging
from those that are mild (like a common cold) to severe pneumonia that
requires medical care in a general hospital and can be fatal, with a
disproportionate risk of severe illness for older adults and/or those who
have serious underlying medical health conditions.
On January 30, 2020, the World Health Organization (WHO) designated
the COVID-19 outbreak as a Public Health Emergency of International
Concern. On a national level, the Secretary of Health and Human Services
determined on January 31, 2020 that as a result of confirmed cases of
COVID-19 in the United States, a public health emergency existed and
had existed since January 27, 2020, nationwide. Thereafter, the situation
rapidly evolved throughout the world, with many countries, including the
United States, quickly progressing from the identification of travel-
associated cases to person-to-person transmission among close contacts of
travel-associated cases, and finally to widespread community transmission
of COVID-19.
In order for hospital and nursing home staff to safely provide care for
COVID-19 positive patients and residents, or patients and residents
infected with another communicable disease, while ensuring that they
themselves do not become infected with COVID-19 or any other com-
municable disease, it is critically important that personal protective equip-
ment (PPE), including masks, gloves, respirators, face shields and gowns,
is readily available and are used. Therefore, as a result of global PPE short-
ages at the outset of the State of Emergency, New York State provided
general hospitals, nursing homes, and other medical facilities with PPE
from the State’s emergency stockpile from the beginning of the COVID-19
outbreak. However, hospitals and nursing homes must ensure sufficient
PPE stockpiles exist for any future communicable disease outbreaks to
ensure each facility is adequately prepared to protect its staff and patients
or residents, without needing to rely on the State’s emergency stockpile.
Based on the foregoing, the Department has made the determination
that this emergency regulation is necessary to ensure that all general
hospitals and nursing homes maintain a 60-day supply of PPE to ensure
that sufficient PPE is available in the event of a continuation or resurgence
of the COVID-19 outbreak or another communicable disease outbreak.
Costs:
Costs to Regulated Parties:
The purpose of this regulation is to require general hospitals and nurs-
ing homes to maintain adequate stockpiles of PPE. The initial cost to facil-
ities as they establish stockpiles of PPE will vary depending on the number
of staff working at each facility. However, the Department anticipates that
hospitals and nursing homes will routinely use stockpiled PPE as part of
their routine operations; while facilities must maintain the requisite
stockpile at all times in the event of an emergency need, facilities are
expected to rotate through their stockpiles routinely to ensure the PPE
does not expire and is replaced with new PPE, thereby helping to balance
facility expenditures over time. Further, in the event of an emergency
need, hospitals and nursing homes are expected to tap into their stockpiles;
as such, hospitals and nursing homes will ultimately use equipment which
would have been purchased had a stockpile not existed, thereby mitigating
overall costs. Moreover, nursing homes are statutorily obligated to
maintain or contract to have at least a two-month supply of PPE pursuant
to Public Health Law section 2803(12). As such, this regulation imposes
no long-term additional costs to regulated parties.
Costs to Local and State Governments:
This regulation will not impact local or State governments unless they
operate a general hospital or nursing home, in which case costs will be the
same as costs for private entities.
Costs to the Department of Health:
This regulation will not result in any additional operational costs to the
Department of Health.
Paperwork:
This regulation imposes no addition paperwork.
Local Government Mandates:
General hospitals and nursing homes operated by local governments
will be affected and will be subject to the same requirements as any other
general hospital licensed under PHL Article 28.
Duplication:
These regulations do not duplicate any State or federal rules.
Alternatives:
The Department believes that promulgation of this regulation is the
most effective means of ensuring that general hospitals and nursing homes
have adequate stockpiles of PPE necessary to protect hospital staff from
communicable diseases, compared to any alternate course of action.
Federal Standards:
No federal standards apply to stockpiling of such equipment at
hospitals.
Compliance Schedule:
The regulations will become effective upon filing with the Department
of State. These regulations are expected to be proposed for permanent
adoption at a future meeting of the Public Health and Health Planning
Council.
Regulatory Flexibility Analysis
Effect of Rule:
This regulation will not impact local governments or small businesses
unless they operate a general hospital or a nursing home. Currently there
are five general hospitals in New York that employ less than 100 staff and
qualify as small businesses, and there are 79 nursing homes in New York
qualify as small businesses given that they employ less than 100 staff.
Compliance Requirements:
These regulations require all general hospitals and nursing homes to
purchase and maintain adequate stockpiles of PPE, including but not
limited to masks, respirators, face shields and gowns.
Professional Services:
It is not expected that any professional services will be needed to
comply with this rule.
Compliance Costs:
The purpose of this regulation is to require general hospitals and nurs-
ing homes to maintain adequate stockpiles of PPE. The initial cost to facil-
ities as they establish stockpiles of PPE will vary depending on the number
of staff working at each covered facility. However, the Department
NYS Register/May 11, 2022Rule Making Activities
20
anticipates that hospitals and nursing homes will routinely use stockpiled
PPE as part of their routine operations; while facilities must maintain the
requisite stockpile at all times in the event of an emergency need, facilities
are expected to rotate through their stockpiles routinely to ensure the PPE
does not expire and is replaced with new PPE, thereby helping to balance
facility expenditures over time. Further, in the event of an emergency
need, hospitals and nursing homes are expected to tap into their stockpiles;
as such, hospitals and nursing homes will ultimately use equipment which
would have been purchased had a stockpile not existed, thereby mitigating
overall costs. Moreover, nursing homes are statutorily obligated to
maintain or contract to have at least a two-month supply of PPE pursuant
to Public Health Law section 2803(12). As such, this regulation imposes
no long-term additional costs to regulated parties.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
The Department anticipates that any adverse impacts will be minimal,
as both hospitals and nursing homes have already mobilized their stockpil-
ing efforts since early 2020, when the spread of the COVID-19 virus was
first recognized in New York State, including through two surges of the
COVID-19 pandemic. As such, the continuance of these stockpiling
requirements is not expected to create any additional adverse impact on
hospitals or nursing homes. Moreover, for nursing homes, these PPE
regulations are consistent with the existing directive in Public Health Law
section 2803(12) to maintain a two-month PPE supply.
Small Business and Local Government Participation:
Small business and local governments were not directly consulted given
the urgent need to ensure hospital patients and nursing home residents are
adequately protected in the event of a resurgence of COVID-19 or another
communicable disease outbreak. However, the Department plans to issue
an advisory to hospital CEOs and nursing home administrators alerting
them to the anticipated proposed rulemaking on these regulations and op-
portunity to submit public comments.
Rural Area Flexibility Analysis
Types and Estimated Numbers of Rural Areas:
Although this rule applies uniformly throughout the state, including ru-
ral areas, for the purposes of this Rural Area Flexibility Analysis (RAFA),
“rural area” means areas of the state defined by Exec. Law § 481(7)
(SAPA § 102(10)). Per Exec. Law § 481(7), rural areas are defined as
“counties within the state having less than two hundred thousand popula-
tion, and the municipalities, individuals, institutions, communities, and
programs and such other entities or resources found therein. In counties of
two hundred thousand or greater population ‘rural areas’ means towns
with population densities of one hundred fifty persons or less per square
mile, and the villages, individuals, institutions, communities, programs
and such other entities or resources as are found therein.”
The following 43 counties have a population of less than 200,000 based
upon the United States Census estimated county populations for 2010:
Allegany County Greene County Schoharie County
Cattaraugus County Hamilton County Schuyler County
Cayuga County Herkimer County Seneca County
Chautauqua County Jefferson County St. Lawrence County
Chemung County Lewis County Steuben County
Chenango County Livingston County Sullivan County
Clinton County Madison County Tioga County
Columbia County Montgomery County Tompkins County
Cortland County Ontario County Ulster County
Delaware County Orleans County Warren County
Essex County Oswego County Washington County
Franklin County Otsego County Wayne County
Fulton County Putnam County Wyoming County
Genesee County Rensselaer County Yates County
Schenectady County
The following counties of have population of 200,000 or greater, and
towns with population densities of 150 person or fewer per square mile,
based upon the United States Census estimated county populations for
2010:
Albany County Monroe County Orange County
Broome County Niagara County Saratoga County
Dutchess County Oneida County Suffolk County
Erie County Onondaga County
There are 47 general hospitals located in rural areas as well as several
licensed nursing homes.
Reporting, Recordkeeping, and Other Compliance Requirements; and
Professional Services:
These regulations require all general hospitals and nursing homes,
including those in rural areas, to purchase and maintain adequate stockpiles
of PPE, including but not limited to masks, respirators, face shields and
gowns.
Costs:
The purpose of this regulation is to require general hospitals and nurs-
ing homes to maintain adequate stockpiles of PPE. The initial cost to facil-
ities as they establish stockpiles of PPE will vary depending on the number
of staff working at each facility. However, the Department anticipates that
hospitals and nursing homes will routinely use stockpiled PPE as part of
their routine operations; while facilities must maintain the requisite
stockpile at all times in the event of an emergency need, facilities are
expected to rotate through their stockpiles routinely to ensure the PPE
does not expire and is replaced with new PPE, thereby helping to balance
facility expenditures over time. Further, in the event of an emergency
need, hospitals and nursing homes are expected to tap into their stockpiles;
as such, hospitals and nursing homes will ultimately use equipment which
would have been purchased had a stockpile not existed, thereby mitigating
overall costs. Moreover, nursing homes are statutorily obligated to
maintain or contract to have at least a two-month supply of PPE pursuant
to Public Health Law section 2803(12). Therefore, this regulation imposes
no long-term additional costs to regulated parties.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
The Department anticipates that any adverse impacts will be minimal,
as both hospitals and nursing homes have already mobilized their stockpil-
ing efforts since early 2020, when the spread of the COVID-19 virus was
first recognized in New York State, including through two surges of the
COVID-19 pandemic. As such, the continuance of these stockpiling
requirements is not expected to create any additional adverse impact on
hospitals or nursing homes. Moreover, for nursing homes, these PPE
regulations are consistent with the existing directive in Public Health Law
section 2803(12) to maintain a two-month PPE supply.
Rural Area Participation:
Parties representing rural areas were not directly consulted given the
urgent need to ensure hospital patients and nursing home residents are
adequately protected in the event of a resurgence of COVID-19 or another
communicable disease outbreak. However, the Department plans to issue
an advisory to hospital CEOs and nursing home administrators alerting
them to the anticipated proposed rulemaking and opportunity to submit
public comments.
Job Impact Statement
A Job Impact Statement for these regulations is not being submitted
because it is apparent from the nature and purposes of the amendments
that they will not have a substantial adverse impact on jobs and/or employ-
ment opportunities.
EMERGENCY
RULE MAKING
COVID-19 Vaccinations of Nursing Home and Adult Care
Facility Residents and Personnel
I.D. No. HLT-19-22-00020-E
Filing No. 310
Filing Date: 2022-04-25
Effective Date: 2022-04-25
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Addition of Subpart 66-4 to Title 10 NYCRR.
Statutory authority: Public Health Law, sections 201, 206, 2803; Social
Services Law, sections 461 and 461-e
Finding of necessity for emergency rule: Preservation of public health.
Specific reasons underlying the finding of necessity: Recent New York
State data show that unvaccinated individuals continue to be more likely
NYS Register/May 11, 2022 Rule Making Activities
21
to be diagnosed with COVID-19 compared to vaccinated individuals. In
fact, those who are unvaccinated have over 10 times the risk of being
hospitalized with COVID-19 compared with vaccinated individuals. To
date, there are an approximate 8,200 (9%) nursing home and 1,100 (4%)
adult care facility residents that remain unvaccinated. As such, the
potential for COVID-19 introduction or re-introduction to this vulnerable
population remains a risk and the need for protecting their health and
safety a top high priority.
The COVID-19 vaccines are safe and effective. They offer the benefit
of helping to reduce the number of COVID-19 infections, including the
Delta and Omicron variants, which is a critical component to protecting
public health. Booster doses of the COVID-19 vaccine are important to
maximize protection against infection. Certain settings, such as healthcare
facilities and congregate care settings, pose increased challenges and
urgency for controlling the spread of this disease because of the vulner-
able patient and resident populations that they serve. Personnel in such
settings who have not received all recommended doses of the COVID-19
vaccine have an unacceptably high risk of both acquiring COVID-19 and
transmitting the virus to colleagues and/or vulnerable patients or residents,
exacerbating staffing shortages, and causing an unacceptably high risk of
complications.
Based on the foregoing, the Department has made the determination
that this emergency regulation is necessary to best protect the residents of
New York’s nursing homes and ACFs.
Subject: COVID-19 Vaccinations of Nursing Home and Adult Care Facil-
ity Residents and Personnel.
Purpose: To require nursing homes and adult care facilities to conduct
ongoing COVID-19 vaccinations of their residents and personnel.
Text of emergency rule: A new Subpart 66-4, titled COVID-19 Nursing
Home and Adult Care Facility Vaccination Program, is added to read as
follows:
66-4.1. Requirements for Nursing Homes.
(a) Every nursing home regulated pursuant to Part 415 of this Title
shall offer all consenting, unvaccinated existing personnel and residents
an opportunity to receive the first or any recommended next or booster
dose of the COVID-19 vaccine.
(b) The operator and administrator of every nursing home regulated
pursuant to Part 415 of this Title must ensure that all new personnel,
including employees and contract staff, and every new resident and resi-
dent readmitted to the facility has an opportunity to receive the first or any
recommended next or booster dose of the COVID-19 vaccine within
fourteen days of having been hired by or admitted or readmitted to such
facility, as applicable.
(c) The requirement to ensure that all new and current personnel and
residents have an opportunity to receive the COVID-19 vaccination, as set
forth in subdivisions (a) and (b) of this section, shall include, but not be
limited to:
(1) Posting conspicuous signage throughout the facility, including at
points of entry and exit and each residential hallway, reminding personnel
and residents that the facility offers COVID-19 vaccination; and
(2) Providing all personnel and residents who decline to be vac-
cinated a written affirmation for their signature, which indicates that they
were offered the opportunity for a COVID-19 vaccination but declined.
Such affirmation must state that the signatory is aware that, if they later
decide to be vaccinated for COVID-19, it is their responsibility to request
vaccination from the facility. The facility shall maintain signed affirma-
tions on file at the facility and make such forms available at the request of
the Department.
(d) Nursing homes must comply with the requirements for vaccination
of personnel in 10 NYCRR § 415.19(a)(5).
66-4.2. Requirements for Adult Care Facilities.
(a) The operator and administrator of every adult care facility regulated
pursuant to Parts 487, 488 and 490 of Title 18 of the NYCRR and Part
1001 of this Title shall make diligent efforts to arrange for all consenting,
unvaccinated existing personnel and residents to register for a vaccine ap-
pointment and an appointment to receive any recommended booster, and
shall document attempts to schedule and methods used to schedule the
vaccine in the individual’s personnel file or case management notes, as
applicable.
(b) The operator and administrator of every adult care facility regulated
pursuant to Parts 487, 488 and 490 of Title 18 of the NYCRR and Part
1001 of this Title must arrange for the COVID-19 vaccination, including
the first or any recommended next or booster dose, of all new personnel,
including employees and contract staff, and every new resident and resi-
dent readmitted to the facility. The requirement to arrange for COVID-19
vaccination of such personnel and residents shall include, but not be
limited to:
(1) For residents:
(i) during the pre-admission screening process, and in no event af-
ter the first day of admission or readmission, the adult care facility shall
screen the prospective or newly-admitted or readmitted resident for
COVID-19 vaccine eligibility, including whether any first doses of the
vaccine were previously administered, and whether the resident is
interested in obtaining the COVID-19 vaccine, including a recommended
booster. Such information shall be documented with the resident’s pre-
admission screening information and, if admitted, retained in the resi-
dent’s case management records; and
(ii) within seven days of admission or readmission, the facility
shall make diligent efforts to schedule all consenting and eligible new or
readmitted residents for the COVID-19 vaccination, including a recom-
mended booster. The facility must document attempts to schedule and
methods used to schedule the vaccine appointment in the resident’s case
management notes.
(2) For personnel:
(i) during the pre-employment screening process, the facility shall
solicit information from the prospective personnel regarding their vac-
cination status, including whether any first doses of the vaccine were previ-
ously administered, and whether the prospective personnel is interested in
obtaining the COVID-19 vaccine. Such information must be documented
with the personnel’s pre-employment screening information and, if hired,
retained in the personnel file; provided, however, that nothing in this
paragraph shall be construed to require an adult care facility to make any
hiring determination based upon the prospective personnel’s COVID-19
vaccination status, history, or interest in COVID-19 vaccination; and
(ii) within seven days of hiring new personnel, the facility shall
make diligent efforts to schedule all consenting and eligible new person-
nel for the COVID-19 vaccination. The facility must document attempts to
schedule and methods used to schedule the vaccine appointment in the in-
dividual’s personnel file.
(iii) Adult care facilities must comply with the requirements for
vaccination of personnel in 18 NYCRR §§ 487.9(a)(18), 488.9(a)(14),
490.9(a)(15), and 10 NYCRR § 1001.11(q)(5), as applicable.
(c) The facility shall further provide all current and new personnel and
residents who decline to be vaccinated a written affirmation for their
signature, which indicates that they were offered the opportunity for the
facility to arrange for a COVID-19 vaccination, but declined. Such affir-
mation must state that the signatory is aware that, if they later decide to be
vaccinated for COVID-19, it is their responsibility to request the facility
arrange for their vaccination. The facility shall maintain signed affirma-
tions on file at the facility and make such forms available at the request of
the Department.
66-4.3. Penalties.
(a) A violation of any provision of this Subpart shall be subject to penal-
ties in accordance with sections 12 and 12-b of the Public Health Law.
(b) For adult care facilities, failure to arrange for the vaccination of
every facility resident and personnel as set forth in section 66-4.2 of this
Part constitutes a “failure in systemic practices and procedures” under
Social Services Law 460-d(7)(b)(2)(iii) and pursuant to 18 NYCRR
486.5(a)(4)(v).
(c) In addition to any monetary penalties or referral for criminal
investigation to appropriate entities, the Department shall be empowered
to immediately take custody and control of such vaccine at a nursing home
and re-allocate to another provider.
This notice is intended to serve only as a notice of emergency adoption.
This agency intends to adopt this emergency rule as a permanent rule and
will publish a notice of proposed rule making in the State Register at some
future date. The emergency rule will expire July 23, 2022.
Text of rule and any required statements and analyses may be obtained
from: Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs
Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-
7488, email: [email protected].gov
Regulatory Impact Statement
Statutory Authority:
The statutory authority is provided under sections 201, 206, and 2803
of the Public Health Law (PHL) and sections 461 and 461-e of the Social
Services Law (SSL).
PHL § 201 authorizes the New York State Department of Health
(Department) to control and promote the control of communicable diseases
to reduce their spread. Likewise, PHL § 206 authorizes the Commissioner
of Health to take cognizance of the interests of health and life of the people
of the state, and of all matters pertaining thereto and exercise the func-
tions, powers and duties of the department prescribed by law, including
control of communicable diseases.
PHL § 2803 authorizes the promulgation of such regulations as may be
necessary to implement the purposes and provisions of PHL Article 28,
including the establishment of minimum standards governing the opera-
tion of health care facilities.
SSL § 461 requires the Department to promulgate regulations establish-
NYS Register/May 11, 2022Rule Making Activities
22
ing general standards applicable to Adult Care Facilities (ACF). SSL
§ 461-e authorizes the Department to promulgate regulations to require
adult care facilities to maintain certain records with respect to the facilities
residents and the operation of the facility.
Legislative Objectives:
The legislative objectives of PHL §§ 201 and 206 are to protect the
health and life of the people of the State of New York, including by con-
trolling the spread of communicable diseases. The legislative objectives of
PHL Article 28, including PHL § 2803, include the efficient provision and
proper utilization of health services of the highest quality. The legislative
objective of SSL § 461 is to promote the health and well-being of residents
of adult care facilities. Collectively, the legislative purpose of these
statutes is to protect the residents of New York’s long-term care facilities
by providing safe, efficient, and adequate care.
Needs and Benefits:
These regulations are necessary to prevent the spread of COVID-19 in
nursing homes and adult care facilities and to help ensure the health and
life of residents of nursing homes and ACFs by requiring such congregate
care facilities to offer or arrange for consenting residents and personnel to
receive the COVID-19 vaccine. This requirement will help ensure
residents are less likely to suffer a COVID-related death or severe illness
and that fewer staff test positive for COVID-19. To date, there are an ap-
proximate 8,200 (9%) nursing home and 1,100 (4%) adult care facility
residents that remain unvaccinated. As such, the potential for COVID-19
introduction or re-introduction to this vulnerable population remains a risk
and the need for protecting their health and safety a top high priority.
COVID-19 is a disease that causes mild to severe respiratory symptoms,
including fever, cough, and difficulty breathing. People infected with
COVID-19 have had symptoms ranging from those that are mild (like a
common cold) to severe pneumonia that requires medical care in a general
hospital and can be fatal. Given the disproportionate adverse health
impacts of COVID-19 for older adults and those with comorbidities, many
of whom reside in New York’s nursing homes and ACFs, it is imperative
that nursing homes and ACFs facilitate the prompt vaccination of its
residents. Moreover, in order to ensure that nursing home and ACF person-
nel can safely provide resident care, it is critically important that nursing
homes offer continued COVID-19 vaccinations on-site for their current
and new personnel and that ACFs arrange for their current and new person-
nel to receive the COVID-19 vaccine at an off-site location, such as a
pharmacy.
Based on the foregoing, the Department has made the determination
that this emergency regulation is necessary to best protect the residents of
New York’s nursing homes and ACFs.
Costs:
Costs to Regulated Parties:
The purpose of this regulation is to require nursing homes and ACFs to
promptly coordinate the COVID-19 vaccination of their residents and
personnel. For nursing homes, costs are expected to be minimal given that
the COVID-19 vaccine is provided free of charge, and Medicare reim-
bursement is available to help Medicare-enrolled nursing homes cover
administrative costs; specifically, pursuant to April 2, 2021 guidance from
the Centers for Medicare & Medicaid Services (CMS), “starting on March
15, 2021, for single dose COVID-19 vaccines, Medicare pays ap-
proximately $40 for its administration. Starting on March 15, 2021, for
COVID-19 vaccines requiring multiple doses, Medicare pays approxi-
mately $40 for each dose in the series.” Nursing homes will need in some
circumstances to absorb the administrative costs associated with reporting
doses of vaccine administered to the appropriate vaccine registry when not
reported by an outside vendor or pharmacy provider.
For ACFs, costs to facilities are minimal to none, as ACFs will be
responsible for arranging vaccinations at off-site locations, such as a local
pharmacy. Many ACFs have vehicles which can be used for necessary
transport, but there may be minimal costs associated with transportation,
particularly if the distance to the vaccination site is great and/or if the ACF
does not readily have access to a vehicle.
Costs to Local and State Governments:
This regulation will not impact local or State governments unless they
operate a nursing home or ACF, in which case costs will be the same as
costs for private entities. Currently, there are 21 nursing homes operated
by local governments (counties and municipalities) and 6 nursing homes
operated by the State. Additionally, there are currently two adult care fa-
cilities operated by county governments.
Costs to the Department of Health:
This regulation will not result in any additional operational costs to the
Department of Health.
Paperwork:
This regulation imposes no additional paperwork. Although the regula-
tion requires recordkeeping by facilities, including documentation in
personnel files and resident clinical or case management records, these re-
cords must already be maintained by facilities.
Local Government Mandates:
Nursing homes and ACFs operated by local governments will be af-
fected and will be subject to the same requirements as any other nursing
home licensed under PHL Article 28 or ACF licensed under SSL Article 7,
Title 2.
Duplication:
These regulations do not duplicate any State or federal rules.
Alternatives:
The Department believes that promulgation of this regulation is the
most effective means of ensuring that nursing homes and ACFs adequately
ensure their residents and personnel are vaccinated against COVID-19.
Accordingly, the alternative of not issuing these regulations was rejected.
Federal Standards:
No federal standards apply.
Compliance Schedule:
The regulations will become effective upon filing with the Department
of State.
Regulatory Flexibility Analysis
Effect of Rule:
This regulation will not impact local governments or small businesses
unless they operate a nursing home or ACF. Currently, there are 21 nurs-
ing homes operated by local governments (counties and municipalities)
and 6 nursing homes operated by the State. Additionally, there are cur-
rently two ACFs operated by county governments (Chenango and Warren
Counties).
Additionally, to date, 79 nursing homes in New York qualify as small
businesses given that they have 100 or fewer employees. There are also
483 ACFs that have 100 or fewer employees and therefore qualify as small
businesses.
Compliance Requirements:
This regulation primarily requires nursing homes and ACFs to promptly
coordinate the COVID-19 vaccination of their residents and personnel.
Specifically, nursing homes will be required to offer ongoing COVID-19
vaccinations at the facility, and ACFs will be responsible for arranging
vaccinations at off-site locations, such as State-run vaccination sites or a
local pharmacy. The regulation also requires facilities to provide all cur-
rent and new personnel and residents who decline to be vaccinated a writ-
ten affirmation for their signature, which indicates that they were offered
the opportunity for the facility to arrange for or offer, as applicable, a
COVID-19 vaccination, but they declined. Further, nursing homes are
required to post conspicuous signage throughout the facility reminding
personnel and residents that the facility offers COVID-19 vaccinations.
Professional Services:
No professional services are required by this regulation. However, nurs-
ing homes may choose to partner with a pharmacy to offer COVID-19
vaccinations for personnel and residents of the facility, rather than receiv-
ing and administering the vaccine directly.
Compliance Costs:
This regulation requires nursing homes and ACFs to promptly coordi-
nate the COVID-19 vaccination of their residents and personnel. Specifi-
cally, nursing homes will be required to offer ongoing COVID-19 vac-
cinations at the facility, and ACFs will be responsible for arranging
vaccinations at off-site locations, such as a local pharmacy. For nursing
homes, costs are expected to be minimal given that the COVID-19 vac-
cine is provided free of charge, and Medicare reimbursement is available
to help Medicare-enrolled nursing homes cover administrative costs;
specifically, pursuant to April 2, 2021 guidance from the Centers for
Medicare & Medicaid Services (CMS), “starting on March 15, 2021, for
single dose COVID-19 vaccines, Medicare pays approximately $40 for its
administration. Starting on March 15, 2021, for COVID-19 vaccines
requiring multiple doses, Medicare pays approximately $40 for each dose
in the series.” Nursing homes will need in some circumstances to absorb
the administrative costs associated with reporting doses of vaccine
administered to the appropriate vaccine registry when not reported by an
outside vendor or pharmacy provider.
For ACFs, costs to facilities are minimal to none, as ACFs will be
responsible for arranging vaccinations at off-site locations, such as a local
pharmacy. Many ACFs have vehicles which can be used for necessary
transport, but there may be minimal costs associated with transportation
particularly if the distance to the vaccination site is great and/or if the ACF
does not readily have access to a vehicle.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
This regulation is consistent with the existing responsibilities nursing
homes and ACFs have to maintain the health and safety of residents, ensure
sufficient staffing levels, and ensure staff are free from communicable
diseases. Therefore, any adverse impacts are expected to be minimal and
are outweighed by the regulation’s health and safety benefits to residents
and staff.
NYS Register/May 11, 2022 Rule Making Activities
23
Small Business and Local Government Participation:
Due to the urgent need to ensure ACF and NH staff and residents are
vaccinated as soon as possible given the seriousness of COVID-19 if
contracted, particularly by older adults or persons with comorbidities,
small business and local governments were not directly consulted.
However, the Department will notify such entities of the existence of these
regulations and the opportunity to submit comments or questions to the
Department.
Cure Period:
This regulation does not include a cure period given the serious threat
the COVID-19 virus causes to all New Yorkers, particularly those residing
in nursing homes and adult care facilities, considering such residents’ age
and comorbidities. As detailed more fully within the regulations, nursing
homes and adult care facilities will have 14 and 7 days, respectively, to of-
fer vaccinations to residents and staff. The Department finds these 14- and
7-day periods to comply with the regulatory requirements are sufficient to
ensure facilities can establish or revise their vaccination policies and
procedures, while balancing the urgent need to protect facility residents
and personnel from this dangerous disease.
Rural Area Flexibility Analysis
Types and Estimated Numbers of Rural Areas:
Although this rule applies uniformly throughout the state, including ru-
ral areas, for the purposes of this Rural Area Flexibility Analysis (RAFA),
“rural area” means areas of the state defined by Exec. Law § 481(7) (SAPA
§ 102(10)). Per Exec. Law § 481(7), rural areas are defined as “counties
within the state having less than two hundred thousand population, and the
municipalities, individuals, institutions, communities, and programs and
such other entities or resources found therein. In counties of two hundred
thousand or greater population ‘rural areas’ means towns with population
densities of one hundred fifty persons or less per square mile, and the vil-
lages, individuals, institutions, communities, programs and such other
entities or resources as are found therein.”
The following 43 counties have a population of less than 200,000 based
upon the United States Census estimated county populations for 2010:
Allegany County Greene County Schoharie County
Cattaraugus County Hamilton County Schuyler County
Cayuga County Herkimer County Seneca County
Chautauqua County Jefferson County St. Lawrence County
Chemung County Lewis County Steuben County
Chenango County Livingston County Sullivan County
Clinton County Madison County Tioga County
Columbia County Montgomery County Tompkins County
Cortland County Ontario County Ulster County
Delaware County Orleans County Warren County
Essex County Oswego County Washington County
Franklin County Otsego County Wayne County
Fulton County Putnam County Wyoming County
Genesee County Rensselaer County Yates County
Schenectady County
The following counties of have population of 200,000 or greater, and
towns with population densities of 150 person or fewer per square mile,
based upon the United States Census estimated county populations for
2010:
Albany County Monroe County Orange County
Broome County Niagara County Saratoga County
Dutchess County Oneida County Suffolk County
Erie County Onondaga County
Both licensed nursing homes and ACFs are located in these identified
rural areas.
Reporting, recordkeeping, and other compliance requirements; and
professional services:
This regulation imposes no additional paperwork. Although the regula-
tion requires recordkeeping by facilities, including documentation in
personnel files and resident clinical or case management records, these re-
cords must already be maintained by facilities. Additionally, no profes-
sional services are required by this regulation. However, nursing homes
may choose to partner with a pharmacy to offer COVID-19 vaccinations
for personnel and residents of the facility, rather than receiving and
administering the vaccine directly.
Costs:
This regulation requires nursing homes and ACFs to promptly coordi-
nate the COVID-19 vaccination of their residents and personnel. Specifi-
cally, nursing homes will be required to offer ongoing COVID-19 vac-
cinations at the facility, and ACFs will be responsible for arranging
vaccinations at off-site locations, such as a local pharmacy. For nursing
homes, costs are expected to be minimal given that the COVID-19 vac-
cine is provided free of charge, and Medicare reimbursement is available
to help Medicare-enrolled nursing homes cover administrative costs;
specifically, pursuant to April 2, 2021 guidance from the Centers for
Medicare & Medicaid Services (CMS), “starting on March 15, 2021, for
single dose COVID-19 vaccines, Medicare pays approximately $40 for its
administration. Starting on March 15, 2021, for COVID-19 vaccines
requiring multiple doses, Medicare pays approximately $40 for each dose
in the series.” Nursing homes will need in some circumstances to absorb
the administrative costs associated with reporting doses of vaccine
administered to the appropriate vaccine registry when not reported by an
outside vendor or pharmacy provider.
For ACFs, costs to facilities are minimal to none, as ACFs will be
responsible for arranging vaccinations at off-site locations, such as a local
pharmacy. Many ACFs have vehicles which can be used for necessary
transport, but there may be minimal costs associated with transportation
particularly if the distance to the vaccination site is great and/or if the ACF
does not readily have access to a vehicle.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
This regulation is consistent with the existing responsibilities nursing
homes and ACFs have to maintain the health and safety of residents, ensure
sufficient staffing levels, and ensure staff are free from communicable
diseases. Therefore, any adverse impacts are expected to be minimal and
are outweighed by the regulation’s health and safety benefits to residents
and staff.
Rural Area Participation:
Due to the urgent need to ensure ACF and NH staff and residents are
vaccinated as soon as possible given the seriousness of the COVID-19
virus on this population, facilities located in rural areas were not directly
consulted. However, the Department will notify covered entities located in
rural areas of the existence of these regulations and the opportunity to
submit comments or questions to the Department.
Job Impact Statement
A Job Impact Statement for these regulations is not being submitted
because it is apparent from the nature and purposes of the amendments
that they will not have a substantial adverse impact on jobs and/or employ-
ment opportunities.
New York State Joint Commission
on Public Ethics
EMERGENCY
RULE MAKING
Adjudicatory Proceedings and Appeals Procedures for Matters
Under the Commission’s Jurisdiction
I.D. No. JPE-06-22-00015-E
Filing No. 311
Filing Date: 2022-04-25
Effective Date: 2022-04-25
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Part 941 of Title 19 NYCRR.
Statutory authority: Executive Law, section 94(14)
Finding of necessity for emergency rule: Preservation of general welfare.
Specific reasons underlying the finding of necessity: The regulatory
amendments are necessary to provide for expanded notification and
disclosure to various parties, including the complainant, subject, wit-
nesses, and others as appropriate, when the commission takes action on a
matter. This will ensure transparency regarding agency operations and the
status of long-standing investigations, as well as resolve procedural issues
NYS Register/May 11, 2022Rule Making Activities
24
that have been raised in litigation. In addition, this rulemaking provides
that the Commission may disclose confidential information concerning
investigative matters when the Commission determines that it is in the
public interest to do so and that the Commission has authorized staff to
make certain general public statements when it is in the public interest to
do so.
This emergency rule is necessary for general welfare to increase public
information and understanding about critical matters of public interest.
Therefore, upon Emergency Adoption, these amendments will be in effect
immediately.
Subject: Adjudicatory proceedings and appeals procedures for matters
under the Commission’s jurisdiction.
Purpose: To increase transparency of the Commission.
Substance of emergency rule (Full text is posted at the following State
website: https://jcope.ny.gov/proposed-regulations-and-guidance): The
Emergency Re-Adoption amends 19 NYCRR Part 941 to ensure transpar-
ency regarding agency operations and the status of long-standing investi-
gations, as well as resolve procedural issues that have been raised in
litigation.
The regulatory amendments add a definition of Agency, Complainant
and Subject and clarify the definition of Commission and the Joint Com-
mission on Public Ethics.
Additionally, the amended regulations clarify the various notices the
Commission may send, which include a Notice of Allegations, Notice of
Commission Vote, Notice of Hearing and Notice of Closure, and the
requirements around such notices.
Furthermore, this rulemaking provides the parameters in which the
Commission may disclose confidential information concerning investiga-
tive matters when the Commission determines that it is in the public inter-
est to do so. In addition, the Commission has authorized staff to make
certain general public statements concerning investigative matters, when
it is in the public interest to do so.
Moreover, the regulatory amendments require that additional informa-
tion be released on a regular basis, on the Commission’s website or yearly
in the Commission’s annual report, that the Commission has deemed to be
in the public interest.
This notice is intended to serve only as a notice of emergency adoption.
This agency intends to adopt the provisions of this emergency rule as a
permanent rule, having previously submitted to the Department of State a
notice of proposed rule making, I.D. No. JPE-06-22-00015-EP, Issue of
February 9, 2022. The emergency rule will expire June 23, 2022.
Text of rule and any required statements and analyses may be obtained
from: Megan Mutolo, Joint Commission on Public Ethics, 540 Broadway,
Albany NY 12207, (518) 408-3976, email: [email protected].gov
Regulatory Impact Statement
1. Statutory Authority: Executive Law § 94(14) authorizes the Joint
Commission on Public Ethics (“Commission”) to adopt rules governing
the conduct of adjudicatory proceedings and appeals consistent with the
New York State Administrative Procedure Act (“SAPA”). Moreover,
certain Commission proceedings are otherwise subject to stated provisions
SAPA. Part 941 set forth rules for adjudicatory proceedings and appeals
relating to: potential violations of the law that fall within the Commis-
sion’s jurisdiction, including investigatory matters pursuant to Executive
Law § 94(13); appeals taken from denials of requests to delete or exempt
certain information from a financial disclosure statement pursuant to Ex-
ecutive Law § § 94(9)(h) or (i); or Public Officers Law § 73-a(3)(8)(b-1),
(b-2), or (c); exempt certain individuals from filing a financial disclosure
statement pursuant to Executive Law § 94(9)(k); and appeals taken from
denials of applications for exemptions under Article 1-A of the Legislative
Law §§ 1-h, 1-j and 19 NYCRR Part 938.6.
2. Legislative Objectives: To provide guidance and procedures regard-
ing the conduct of adjudicatory proceedings and appeals for matters aris-
ing under the Commission’s jurisdiction.
3. Needs and Benefits: This Emergency Adoption amends 19 NYCRR
Part 941 to provide for expanded notification and disclosure to various
parties, including the complainant, subject, witnesses, and others as ap-
propriate, when the commission takes action on a matter. This will ensure
transparency regarding agency operations and the status of long-standing
investigations, as well as resolve procedural issues that have been raised
in litigation. In addition, this rulemaking includes a requirement that the
Commission may disclose confidential information concerning investiga-
tive matters when the Commission determines that it is in the public inter-
est to do so and that the Commission has authorized staff to make certain
general public statements when it is in the public interest to do so.
4. Costs:
a. Costs to regulated parties for implementation and compliance:
Minimal.
b. Costs to the agency, State and local governments for the implementa-
tion and continuation of the rule: No costs to such entities.
c. Cost information is based on the fact that there will be minimal costs
to regulated parties and state and local government for training staff on
changes to the requirements. The cost to the agency is based on the
estimated slight increase in staff resources to implement the regulations.
5. Local Government Mandates: The Emergency Adoption does not
impose new programs, services, duties or responsibilities upon any county,
city, town, village, school district, fire district or other special district.
6. Paperwork: This regulation may require the preparation of additional
forms or paperwork. Such additional paperwork is expected to be minimal.
7. Duplication: This regulation does not duplicate any existing federal,
state or local regulations.
8. Alternatives: Part J, Chapter 286, Laws of 2016, imposes an affirma-
tive duty on the Commission to update and maintain adjudicatory proceed-
ings as needed. Therefore there is no alternative to amending the Commis-
sion’s existing regulation if the Commission changes its procedures.
9. Federal Standards: This regulation does not exceed any minimum
standards of the federal government with regard to a similar subject area.
10. Compliance Schedule: Compliance with the emergency regulation
will take effect on the date it is filed with the Department of State. The
Proposed Rulemaking will take effect upon adoption.
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for Small Businesses and Local Govern-
ments is not submitted with this Notice of Emergency Adoption because
the rulemaking will not impose any adverse economic impact on small
businesses or local governments, nor will it require or impose any report-
ing, record-keeping, or other affirmative acts on the part of these entities
for compliance purposes. The Joint Commission on Public Ethics makes
this finding based on the fact that the rule implements current law and,
therefore, imposes no new requirements on such entities.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not submitted with this Notice of
Emergency Adoption because the rulemaking will not impose any adverse
economic impact on rural areas, nor will it require or impose any report-
ing, record-keeping, or other affirmative acts on the part of rural areas.
The Joint Commission on Public Ethics makes this finding based on the
fact that the rule implements current law and, therefore, imposes no new
requirements on such entities. Rural areas are not affected.
Job Impact Statement
A Job Impact Statement is not submitted with this Notice of Emergency
Adoption because the proposed rulemaking will have limited, if any,
impact on jobs or employment opportunities. This regulation implements
current law and, therefore, imposes no new requirements. This regulation
does not relate to job or employment opportunities.
Office of Mental Health
NOTICE OF EMERGENCY
ADOPTION
AND REVISED RULE MAKING
NO HEARING(S) SCHEDULED
Telehealth Expansion
I.D. No. OMH-48-21-00003-ERP
Filing No. 312
Filing Date: 2022-04-25
Effective Date: 2022-04-25
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action Taken: Amendment of Part 596 of Title 14 NYCRR.
Statutory authority: Mental Hygiene Law, sections 7.07, 7.09 and 31.04
Finding of necessity for emergency rule: Preservation of public health
and general welfare.
Specific reasons underlying the finding of necessity: The immediate
adoption of these amendments is necessary for the preservation of the
health, safety, and welfare of individuals receiving services.
The revision of 14 NYCRR Part 596 are intended to continue to expand
the opportunity to offer telemental health services in the New York State
regulated mental health system. The promulgation of these regulations is
NYS Register/May 11, 2022 Rule Making Activities
25
essential to preserve the health, safety and welfare of individuals with
mental illness, and if OMH does not promulgate these rules on an emer-
gency basis, there may be a gap in the offering of telehealth services,
resulting in a detrimental effect on behavioral health care delivery systems
and continued strain upon the State’s already strapped service system.
For all of the reasons outlined above, this rule is being adopted on an
Emergency basis until such time as it has been formally adopted through
the SAPA rule promulgation process.
Subject: Telehealth Expansion.
Purpose: To establish regulations regarding the expansion of telehealth.
Substance of emergency/revised rule (Full text is posted at the following
State website: https://omh.ny.gov/omhweb/policy_and_regulations/):
The Office of Mental Health (Office) proposes updating the regulations
pertaining to telehealth, as set forth in Part 596 of title 14 of the NYCRR
to conform with recent statutory changes provided by Chapter 124 of the
Laws of 2020. In addition to technical amendments, the proposed amend-
ments make the following changes:
DChanged the term Telemental Health to Telehealth to align across
state agencies.
D Amended the definitions of telehealth, telehealth technologies, and
originating site.
DAllows for the use of audio-only.
DStrengthened language around consent and recipient preference:
Telehealth services may be provided only where clinically appropriate and
with informed consent by the recipient. The recipient may withdraw
consent at any time. A provider may not deny services to an individual
who has a preference to receive services in-person.
DExpanded the definition of telehealth practitioner: (i) a prescribing
professional eligible to prescribe medications pursuant to federal regula-
tions; or (ii) staff authorized to provide in-person services are authorized
to provide behavioral health services consistent with their scope of
practice, in accordance with guidelines established by the office.
DRemoves PROS and ACT specific language.
DClarifies that telehealth practitioners must possess a current, valid
license, permit, or limited permit to practice in New York State, or be
designated or approved by the Office to provide services.
D Allows the ability for all telehealth practitioners to deliver services
from outside NYS.
DClarifies language around exclusion for purposes of seeking a court
order for treatment over objection (vs old language of ordering medication
over objection).
D Provides that Telehealth audio-visual services may be used to satisfy
any specific statutory examination, evaluation, or assessment requirement
necessary for the involuntary removal from the community, or involuntary
retention in a hospital pursuant to any of the provisions of Article 9 of the
Mental Hygiene Law, where the telehealth practitioner is a physician and
licensed to practice in New York and conducts the first evaluation for in-
voluntary commitments of individuals. Further, audio-visual telehealth
services can only be utilized to fulfill one of the three physician-required
activities in any removal or retention action and the individual must be
asked to consent to the use of telehealth technology for the purposes of the
examination, which can be embedded within the hospital’s general consent
for treatment.
DRemoves the requirement of an in-person initial assessment.
D For the purposes of this Part, telehealth services shall be considered
face-to-face contacts when the service is delivered in accordance with the
provisions of the plan approved by the Office pursuant to section 596.5 of
this Part.
This notice is intended to serve as both a notice of emergency adoption
and a notice of revised rule making. The notice of proposed rule making
was published in the State Register on December 1, 2021, I.D. No. OMH-
48-21-00003-EP. The emergency rule will expire June 23, 2022.
Emergency rule compared with proposed rule: Substantial revisions were
made in section 596.6(12) and (13).
Text of rule and any required statements and analyses may be obtained
from: Sara Paupini, Esq., Office of Mental Health, 44 Holland Avenue,
Albany, NY 12229, (518) 474-1331, email: [email protected].gov
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: 45 days after publication of this
notice.
Revised Regulatory Impact Statement
1. Statutory authority: Sections 7.09, 31.02 and 31.04 of the Mental
Hygiene Law, grant the Commissioner of Mental Health the authority and
responsibility to adopt regulations that are necessary and proper to imple-
ment matters under their jurisdiction. Pursuant to Section 2999-dd of the
Public Health Law, health care services delivered by means of telehealth
are entitled to Medicaid reimbursement under Social Services Law Sec-
tion 367-u.
2. Legislative objectives: To establish regulations regarding mental
health programs, including the expansion of the opportunity to offer
telehealth services.
3. Needs and benefits: The proposed amendments are intended to
continue to expand the opportunity to offer telehealth services in the New
York State regulated mental health system. The proposed changes are also
in response to recent amendments to New York State Public Health Law §
2999-cc (as amended by Chapter 124 of the Laws of 2020) which may
eventually lead to more flexibility for the provision of certain Medicaid-
funded services using audio-only telephonic communication technology.
The newly revised definition of “Telehealth” in this section provides that
for the Medicaid and Child Health Insurance Plan, shall include audio-
only telephone communication only to the extent defined in regulations as
may be promulgated by the commissioner of the Department of Health
(DOH). This amendment expands the types of practitioners who can be
designated or authorized by this Office to provide these services, will al-
low practitioners to be physically located outside the State of New York
while delivering services, and provide that practitioners can deliver ser-
vices remotely without first conducting an in-person evaluation. Addition-
ally, in the revised proposed rule, an evaluation or examination required as
part of an involuntary removal from the community, involuntary retention
in a hospital or Assisted Outpatient Treatment order pursuant to Article 9
of the Mental Hygiene Law can be conducted via audio-visual telemental
health only.
Such amendments are necessary to allow providers to maintain continu-
ity of care with their patients, rapidly evaluate and screen new patients,
and offer crisis and support interventions during this difficult time. The
promulgation of these regulations is essential to preserve the health, safety
and welfare of individuals with mental illness who receive services
through licensed and designated OMH providers. If OMH did not
promulgate regulations on an emergency basis, providers will be unable to
maintain the continuity and quality of care their patients are receiving as a
number of these patients do not have any other way of accessing behavioral
health services at this time. Immediately, this amendment would permit
the continued access to mental health services for people who are vulner-
able or at risk for contracting COVID and wish to continue treatment in
the safest manner possible, while working towards their treatment goals,
while not having to choose between treatment and safety.
4. Costs:
(a) Cost to State government: There are no costs to State government as
a result of these amendments. (b) Cost to local government: There are no
new costs to local government as a result of these amendments.
(c) Cost to regulated parties: There are no new costs to regulated parties
as a result of these amendments.
5. Local government mandates: The provision of telehealth services is
not required. These regulatory amendments will not involve or result in
any additional imposition of duties or responsibilities upon county, city,
town, village, school, or fire districts.
6. Paperwork: There are no new paperwork requirements as a result of
the amendments.
7. Duplication: These regulatory amendments do not duplicate existing
State or federal requirements.
8. Alternatives: It was determined that should the Office consider not
moving forward with the proposed rule, it would have a detrimental effect
on behavioral health care delivery. The field has consistently expressed
support for the increase flexibility previously authorized during the public
health emergency, and the ability to serve their populations fully during
this period. They have also expressed concern about continuity of care and
delivering necessary services should such flexibility be terminated. The
proposed amendment intends to increase flexibility for providers wishing
to deliver telelhealth services and conforms regulations to recent amend-
ments to Section 2999-cc of the Public Health Law.
9. Federal standards: Currently states can choose to cover telehealth
under Medicaid, as defined via their state plan amendment.
10. Compliance schedule: The office is promulgating these rules on an
emergency basis. The permanent amendments to the regulation would be
effective upon adoption, following the 45 day public comment period
required by the State Administrative Procedure Act.
Revised Regulatory Flexibility Analysis
Effect of Rule:
There will be no adverse economic impact upon small businesses or lo-
cal governments as a result of this rule making. The rule serves to update
existing regulations and provide additional flexibilities that were permit-
ted during the Public Health Emergency.
Compliance Requirements:
Additional compliance requirements are expected to be minimal, as
telehealth has already been authorized during the public health emergency.
Professional Services:
No professional services are required by this regulation.
Economic and Technological Feasibility:
NYS Register/May 11, 2022Rule Making Activities
26
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
This regulation is consistent with the existing flexibilities providers
have utilized during the public health emergency. Therefore, any adverse
impacts are expected to be minimal and are outweighed by the regulation’s
intent to continue to provide broad access to services
Small Business and Local Government Participation:
The Office will notify such entities of the existence of these regulations
and the opportunity to submit comments or questions to the Department.
Revised Rural Area Flexibility Analysis
Types and Estimated Numbers of Rural Areas:
Although this rule applies uniformly throughout the state, including ru-
ral areas, for the purposes of this Rural Area Flexibility Analysis (RAFA),
“rural area” means areas of the state defined by Exec. Law § 481(7) (SAPA
§ 102(10)). Per Exec. Law § 481(7), rural areas are defined as “counties
within the state having less than two hundred thousand population, and the
municipalities, individuals, institutions, communities, and programs and
such other entities or resources found therein.
Reporting, recordkeeping, and other compliance requirements; and
professional services:
This regulation imposes no additional paperwork. Although the regula-
tion may require recordkeeping these records must already be maintained
by facilities. Additionally, no additional professional services are required
by this regulation.
Costs:
Costs are expected to be minimal, as telehealth has already been autho-
rized during the public health emergency.
Economic and Technological Feasibility:
There are no economic or technological impediments to the rule
changes.
Minimizing Adverse Impact:
This regulation is consistent with the existing flexibilities providers
have utilized during the public health emergency. Therefore, any adverse
impacts are expected to be minimal and are outweighed by the regulation’s
intent to continue to provide broad access to services
Rural Area Participation:
The Office will notify covered entities located in rural areas of the exis-
tence of these regulations and the opportunity to submit comments or
questions to the Office.
Revised Job Impact Statement
The amendments to 14 NYCRR Part 596 are intended to improve mental
health services by expanding the opportunity to offer telehealth services. It
is evident from the subject matter of this rule, that it could only have a
positive impact or no impact on jobs or employment, therefore a Job
Impact Statement is not necessary with this notice.
Assessment of Public Comment
The agency received no public comment.
Metropolitan Transportation Agency
NOTICE OF EXPIRATION
The following notice has expired and cannot be reconsidered un-
less the Metropolitan Transportation Authority publishes a new notice
of proposed rule making in the NYS Register.
Requiring mask wearing when using the facilities and
conveyances of the MTA and its operating affiliates and
subsidiaries.
I.D. No. Proposed Expiration Date
MTA-16-21-00004-EP April 21, 2021 April 21, 2022
Office for People with
Developmental Disabilities
EMERGENCY
RULE MAKING
Certification of the Facility Class Known As Individualized
Residential Alternative
I.D. No. PDD-07-22-00004-E
Filing No. 306
Filing Date: 2022-04-25
Effective Date: 2022-04-25
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of section 686.16 of Title 14 NYCRR.
Statutory authority: Mental Hygiene Law, sections 13.07, 13.09(b) and
16.00
Finding of necessity for emergency rule: Preservation of public health,
public safety and general welfare.
Specific reasons underlying the finding of necessity: The emergency
amendment of section 14 NYCRR 686.13 that authorizes the Commis-
sioner to increase capacity of individualized residential alternatives (IRAs)
in cases of exigent circumstances, is necessary to protect the health, safety,
and welfare of individuals who receive these services. This regulation
must be issued by emergency regulation to allow OPWDD the ability to
move individuals into facilities with enough staff to take care of them
appropriately. Given the increasing spread and transmissibility of
COVID-19 OPWDD has had difficulties with meeting minimum staffing
requirements. OPWDD serves a vulnerable population and as such has a
duty to ensure the services provided meet public health and safety stan-
dards which includes safe and appropriate staffing of IRAs.
Subject: Certification of the Facility Class Known as Individualized Resi-
dential Alternative.
Purpose: To increase IRA capacity in cases of emergent circumstances.
Text of emergency rule: DExisting subparagraph 686.16(a)(7)(i) is
amended to read as follows:
(i) Facilities of 4-14 beds where on-site supervision is provided.
Such facilities may be approved for a capacity in excess of 14 individuals
in emergent circumstances and upon approval of the commissioner.
This notice is intended to serve only as a notice of emergency adoption.
This agency intends to adopt the provisions of this emergency rule as a
permanent rule, having previously submitted to the Department of State a
notice of proposed rule making, I.D. No. PDD-07-22-00004-EP, Issue of
February 16, 2022. The emergency rule will expire June 23, 2022.
Text of rule and any required statements and analyses may be obtained
from: Mary Beth Babcock, Office for People With Developmental Dis-
abilities, 44 Holland Avenue, Albany, NY 12209, (518) 474-7700, email:
Additional matter required by statute: Pursuant to the requirements of the
State Environmental Quality Review Act, OPWDD, as lead agency, has
determined that the action described herein will have no effect on the
environment and an E.I.S. is not needed.
Regulatory Impact Statement
1. Statutory Authority:
a. The Office for People With Developmental Disabilities (OPWDD)
has the statutory responsibility to provide and encourage the provision of
appropriate programs, supports, and services in the areas of care, treat-
ment, habilitation, rehabilitation, and other education and training of
persons with intellectual and developmental disabilities, as stated in the
New York State (NYS) Mental Hygiene Law (MHL) Section 13.07.
b. OPWDD has the statutory authority to adopt rules and regulations
necessary and proper to implement any matter under its jurisdiction as
stated in the NYS MHL Section 13.09(b).
c. OPWDD has the statutory authority to adopt regulations concerned
with the operation of programs and the provision of services, as stated in
the NYS MHL Section 16.00. The regulation also ensures compliance by
OPWDD certified and operated residences with the proper provision of
services.
d. OPWDD has the statutory authority to provide for the oversight of
NYS Register/May 11, 2022 Rule Making Activities
27
facilities and providers of services holding operating certificates, as stated
in the NYS MHL Section 16.11.
2. Legislative Objectives: The proposed regulations further legislative
objectives embodied in MHL sections 13.07, 13.09(b), and 16.00. The
proposed regulation amends Title 14 NYCRR Section 686.16 in order to
authorize the Commissioner to determine overall capacity of Individual-
ized Residential Alternatives (IRAs) operating throughout the state when
there are exigent circumstances.
3. Needs and Benefits: The proposed regulation amends Title 14
NYCRR Section 686.16 to authorize the Commissioner to exceed capa-
city levels at individualized residential alternatives (IRAs) that are certi-
fied or operated by OPWDD in cases of exigent circumstances. This
regulation is necessary to protect the health, safety, and welfare of
individuals who receive services from providers that are certified or oper-
ated by OPWDD. This regulation is being proposed due to the increasing
need of services as well as staffing shortages. OPWDD as management
over these IRAs could concentrate staff and individuals in one location
rather than multiple locations that would require separate minimum staff-
ing levels. OPWDD serves a vulnerable population and as such has a duty
to ensure the services provided meet public health and safety standards.
Given the rise in COVID cases throughout the pandemic OPWDD has had
challenges meeting minimum staffing requirements for the many locations
certified or operated across the state.
4. Costs:
a. Costs to the Agency and to the State and its local governments: There
is no anticipated impact on Medicaid expenditures as a result of the
proposed regulations, as the entities that provide these services will only
be providing such services to individual’s already receiving Medicaid, in
accordance with existing OPWDD policies and processes.
These regulations will not have any fiscal impact on local governments,
as the contribution of local governments to Medicaid has been capped.
Chapter 58 of the Laws of 2005 places a cap on the local share of Medicaid
costs and local governments are already paying for Medicaid at the capped
level.
There are no anticipated costs to OPWDD in its role as a provider of
services to comply with the new requirements. Additionally, there may be
cost savings if multiple locations are condensed into fewer IRAs.
b. Costs to private regulated parties: There will not be any anticipated
costs to regulated providers to comply with the proposed regulations. The
regulation authorizes the Commissioner to increase the number of
individuals at a particular IRA when there are exigent circumstances.
Therefore, there are no new anticipated costs.
5. Local Government Mandates: This rule would not apply to local
government units. There are no new requirements imposed by the rule on
any other county, city, town, village; or school, fire, or other special
district.
6. Paperwork: Providers will not experience an increase in paperwork
as a result of the proposed regulations.
7. Duplication: The proposed regulations do not duplicate any existing
State or Federal requirements on this topic.
8. Alternatives: OPWDD did not consider any other alternatives to the
proposed regulations. These changes are necessary to protect public health
and individuals receiving services from providers certified or operated by
OPWDD.
9. Federal Standards: The proposed amendments do not exceed any
minimum standards of the federal government for the same or similar
subject areas.
10. Compliance Schedule: OPWDD plans to adopt the regulations as an
emergency regulation effective upon filing. Following the comment pe-
riod OPWDD plans to adopt the regulation as permanent. OPWDD expects
that providers will be in compliance with the proposed requirements at the
time of their effective date(s).
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for the proposed regulation is not be-
ing submitted because it is apparent from the nature and purpose of the
regulation that it will not have a substantial adverse impact on small busi-
nesses or local governments.
The proposed regulation amends Title 14 NYCRR Section 686.16
which applies to all providers operating individualized residential alterna-
tives (IRAs) certified, authorized, approved, or operated by OPWDD. This
regulation authorizes the Commissioner to determine overall capacity of
Individualized Residential Alternatives (IRAs) operating throughout the
state when there are exigent circumstances. This regulation is necessary to
protect individuals receiving services at these facilities.
The regulation will not result in new compliance requirements or ad-
ditional professional services for providers. There is also no additional
paperwork required by the amendment. The regulation is designed to
protect individuals when staffing shortages prevent the ability to safely
care for an individual receiving services. A Regulatory Flexibility Analy-
sis for the proposed regulation is not being submitted because it is appar-
ent from the nature and purpose of the regulation that it will not have a
substantial adverse impact on small businesses and/or local governments.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis for these amendments is not being
submitted because the regulation will not impose any adverse impact or
significant reporting, record keeping or other compliance requirements on
public or private entities in rural areas. There are no professional services,
capital, or other compliance costs imposed on public or private entities in
rural areas as a result of the proposed regulation.
The proposed regulation amends Title 14 NYCRR Section 686.16 in or-
der to authorize the Commissioner to determine overall capacity of
Individualized Residential Alternatives (IRAs) operating throughout the
state when there are exigent circumstances. The regulation will not result
in an adverse impact on rural communities because the regulation applies
to all IRAs who are certified or operated by OPWDD. The proposed
regulation will not result in costs for regulated parties. Therefore, the
amendments will not have any adverse effects on providers in rural areas
and local governments.
Job Impact Statement
A Job Impact Statement for the proposed regulation is not being submit-
ted because it is apparent from the nature and purpose of the regulation
that it will not have a substantial adverse impact on jobs and/or employ-
ment opportunities.
The proposed regulation amends Title 14 NYCRR Section 686.16 in or-
der to allow the Commissioner to increase the capacity at individualized
residential alternatives (IRAs) where there are exigent circumstances. The
regulation will not result in new compliance requirements for providers.
The regulation is designed to protect individuals when staffing shortages
prevent the ability to safely care for an individual receiving services. The
regulation is only to be used in exigent circumstances. Thus, the regula-
tion will not have a substantial impact on jobs or employment opportuni-
ties in New York State.
Assessment of Public Comment
The agency received no public comment.
EMERGENCY
RULE MAKING
General Purpose
I.D. No. PDD-07-22-00005-E
Filing No. 307
Filing Date: 2022-04-25
Effective Date: 2022-04-25
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of section 686.3 of Title 14 NYCRR.
Statutory authority: Mental Hygiene Law, sections 13.07, 13.09(b) and
16.00
Finding of necessity for emergency rule: Preservation of public health,
public safety and general welfare.
Specific reasons underlying the finding of necessity: The emergency
amendment of section 14 NYCRR 686.3 that authorizes the issuance of
operating certificates for supervised community residences, including
individualized residential alternatives with more than 14 individuals where
there are emergent circumstances and upon approval of the Commissioner,
is necessary to protect the health, safety, and welfare of individuals who
receive these services. This regulation must be issued by emergency
regulation to allow OPWDD the ability to move individuals into facilities
with enough staff to take care of them appropriately. Given the increasing
spread and transmissibility of COVID-19, OPWDD has had difficulties
with meeting minimum staffing requirements. OPWDD serves a vulner-
able population and as such has a duty to ensure the services provided
meet public health and safety standards which includes safe and appropri-
ate staffing of supervised community residences.
Subject: General Purpose.
Purpose: To increase IRA capacity in cases of emergent circumstances.
Text of emergency rule: Existing subparagraph 686.3(a)(5)(i) is amended
to read as follows:
(i) A supervised community residence shall be issued an operating
certificate for no more than 14 individuals, except in emergent circum-
stances and upon approval of the commissioner. The certified capacity
shall not be exceeded without notification within 24 hours to OPWDD, at
which time the conditions relative to the temporary increase in capacity
shall be discussed and agreement reached.
NYS Register/May 11, 2022Rule Making Activities
28
This notice is intended to serve only as a notice of emergency adoption.
This agency intends to adopt the provisions of this emergency rule as a
permanent rule, having previously submitted to the Department of State a
notice of proposed rule making, I.D. No. PDD-07-22-00005-EP, Issue of
February 16, 2022. The emergency rule will expire June 23, 2022.
Text of rule and any required statements and analyses may be obtained
from: Mary Beth Babcock, Office for People With Developmental Dis-
abilities, 44 Holland Avenue, Albany, NY 12229, (518) 474-7700, email:
Additional matter required by statute: Pursuant to the requirements of the
State Environmental Quality Review Act, OPWDD, as lead agency, has
determined that the action described herein will have no effect on the
environment and an E.I.S. is not needed.
Regulatory Impact Statement
1. Statutory Authority:
a. The Office for People With Developmental Disabilities (OPWDD)
has the statutory responsibility to provide and encourage the provision of
appropriate programs, supports, and services in the areas of care, treat-
ment, habilitation, rehabilitation, and other education and training of
persons with intellectual and developmental disabilities, as stated in the
New York State (NYS) Mental Hygiene Law (MHL) Section 13.07.
b. OPWDD has the statutory authority to adopt rules and regulations
necessary and proper to implement any matter under its jurisdiction as
stated in the NYS MHL Section 13.09(b).
c. OPWDD has the statutory authority to adopt regulations concerned
with the operation of programs and the provision of services, as stated in
the NYS MHL Section 16.00. The regulation also ensures compliance by
OPWDD certified and operated residences with the proper provision of
services.
d. OPWDD has the statutory authority to provide for the oversight of
facilities and providers of services holding operating certificates, as stated
in the NYS MHL Section 16.11.
2. Legislative Objectives: The proposed regulations further legislative
objectives embodied in MHL sections 13.07, 13.09(b), and 16.00. The
proposed regulation amends Title 14 NYCRR Section 686.3 in order to
authorize supervised community residences to be issued an operating cer-
tificate for more than 14 individuals where emergent circumstances are
present and upon approval from the Commissioner.
3. Needs and Benefits: The proposed regulation amends Title 14
NYCRR Section 686.3 to authorize operating certificates to be issued for
community residences, including individualized residential alternatives
with more than 14 individuals where there are emergent circumstances
and upon approval of the Commissioner. This regulation is necessary to
protect the health, safety, and welfare of individuals who receive services
from providers that are certified or operated by OPWDD. This regulation
is being proposed due to the increasing need of services as well as staffing
shortages. OPWDD’ s management over these residences could concen-
trate staff and individuals in one location rather than multiple locations
that would require separate minimum staffing levels. OPWDD serves a
vulnerable population and as such has a duty to ensure the services
provided meet public health and safety standards. Given the rise in COVID
cases throughout the pandemic OPWDD has had challenges meeting min-
imum staffing requirements for the many locations certified or operated
across the state.
4. Costs:
a. Costs to the Agency and to the State and its local governments: There
is no anticipated impact on Medicaid expenditures as a result of the
proposed regulations, as the entities that provide these services will only
be providing such services to individual’s already receiving Medicaid, in
accordance with existing OPWDD policies and processes.
These regulations will not have any fiscal impact on local governments,
as the contribution of local governments to Medicaid has been capped.
Chapter 58 of the Laws of 2005 places a cap on the local share of Medicaid
costs and local governments are already paying for Medicaid at the capped
level.
There are no anticipated costs to OPWDD in its role as a provider of
services to comply with the new requirements. Additionally, there may be
cost savings if multiple locations are condensed into fewer locations.
b. Costs to private regulated parties: There will not be any anticipated
costs to regulated providers to comply with the proposed regulations. The
regulation authorizes operating certificates for supervised community
residences where there are emergent circumstances and upon approval of
the Commissioner. Therefore, there are no new anticipated costs.
5. Local Government Mandates: This rule would not apply to local
government units. There are no new requirements imposed by the rule on
any other county, city, town, village; or school, fire, or other special
district.
6. Paperwork: Providers will not experience an increase in paperwork
as a result of the proposed regulations.
7. Duplication: The proposed regulations do not duplicate any existing
State or Federal requirements on this topic.
8. Alternatives: OPWDD did not consider any other alternatives to the
proposed regulations. These changes are necessary to protect public health
and individuals receiving services from providers certified or operated by
OPWDD.
9. Federal Standards: The proposed amendments do not exceed any
minimum standards of the federal government for the same or similar
subject areas.
10. Compliance Schedule: OPWDD plans to adopt the regulations as an
emergency regulation effective upon filing. Following the comment pe-
riod OPWDD plans to adopt the regulation as permanent. OPWDD expects
that providers will be in compliance with the proposed requirements at the
time of their effective date(s).
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for the proposed regulation is not be-
ing submitted because it is apparent from the nature and purpose of the
regulation that it will not have a substantial adverse impact on small busi-
nesses or local governments.
The proposed regulation amends Title 14 NYCRR Section 686.3 in or-
der to allow operating certificates to be issued for community residences,
including individualized residential alternatives with more than 14
individuals where there are emergent circumstances and upon approval of
the Commissioner. The regulation will not result in new compliance
requirements or additional professional services for providers. There is
also no additional paperwork required by the amendment. The regulation
is designed to protect individuals when staffing shortages prevent the abil-
ity to safely care for an individual receiving services. A Regulatory Flex-
ibility Analysis for the proposed regulation is not being submitted because
it is apparent from the nature and purpose of the regulation that it will not
have a substantial adverse impact on small businesses and/or local
governments.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis for these amendments is not being
submitted because the regulation will not impose any adverse impact or
significant reporting, record keeping or other compliance requirements on
public or private entities in rural areas. There are no professional services,
capital, or other compliance costs imposed on public or private entities in
rural areas as a result of the proposed regulation.
The proposed regulation amends Title 14 NYCRR Section 686.3 in or-
der to authorize the issuance of operating certificates for supervised com-
munity residences, including individualized residential alternatives with
over 14 individuals when there are emergent circumstances and upon ap-
proval by the Commissioner. The regulation will not result in an adverse
impact on rural communities because the regulation applies to all IRAs
who are certified or operated by OPWDD. The proposed regulation will
not result in costs for regulated parties. Therefore, the amendments will
not have any adverse effects on providers in rural areas and local
governments.
Job Impact Statement
A Job Impact Statement for the proposed regulation is not being submit-
ted because it is apparent from the nature and purpose of the regulation
that it will not have a substantial adverse impact on jobs and/or employ-
ment opportunities.
The proposed regulation amends Title 14 NYCRR Section 686.3 in or-
der to allow operating certificates to be issued for community residences,
including individualized residential alternatives with more than 14
individuals where there are emergent circumstances and upon approval of
the Commissioner. The regulation will not result in new compliance
requirements for providers. The regulation is designed to protect individu-
als when staffing shortages prevent the ability to safely care for an individ-
ual receiving services. The regulation is only to be used in emergent
circumstances. Thus, the regulation will not have a substantial impact on
jobs or employment opportunities in New York State.
Assessment of Public Comment
The agency received no public comment.
Public Service Commission
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Brooklyn Clean Energy Hub and Cost Recovery
I.D. No. PSC-19-22-00021-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
NYS Register/May 11, 2022 Rule Making Activities
29
Proposed Action: The Commission is considering the petition filed by
Consolidated Edison Company of New York, Inc. seeking approval of its
Brooklyn Clean Energy Hub and cost recovery for the project.
Statutory authority: Public Service Law, sections 65, 66 and 66-p
Subject: Brooklyn Clean Energy Hub and cost recovery.
Purpose: To meet the Climate Leadership and Community Protection Act
goal of 9,000 megawatts of offshore wind generation.
Substance of proposed rule: The Commission is considering a petition
filed by Consolidated Edison Company of New York, Inc. (Con Edison)
on April 15, 2022, seeking approval of its Brooklyn Clean Energy Hub
(Hub) and a determination regarding cost recovery of the project.
As noted in the petition, Commission authorized Con Edison to file a
comprehensive petition addressing the Hub in an Order on Power Grid
Recommendations, issued on January, 20, 2022 in Case 20-E-0197 et al.
(January 2022 Order). The January 2022 Order also provides an explana-
tion of the criteria that must be met by Con Edison for the Commission to
approve the petition. The petition filed by Con Edison explains that the
Hub is a project that would create points of interconnect (POIs) to reliably
inject up to 6,000 megawatts of offshore wind energy into Con Edison’s
345 kilovolt electric distribution system. The petition estimates that the
cost of the Hub project is $1 billion. The petition otherwise provides infor-
mation in response to the criteria specified in the January 2022 Order.
The full text of the petition and the full record of the proceeding may be
reviewed online at the Department of Public Service web page:
www.dps.ny.gov. The Commission may adopt, reject or modify, in whole
or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may be
obtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John
Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 486-2655, email: [email protected].gov
Data, views or arguments may be submitted to: Michelle L. Phillips, Sec-
retary, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 474-6530, email: [email protected].gov
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the
proposed rule is within the definition contained in section 102(2)(a)(ii) of
the State Administrative Procedure Act.
(20-E-0197SP12)
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Modification of Con Edison’s Electric Tariff
I.D. No. PSC-19-22-00022-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: The Commission is considering a petition filed by the
Related Companies requesting modifications to Consolidated Edison
Company of New York, Inc.’s (Con Edison) tariff, P.S.C. No. 10 —
Electricity.
Statutory authority: Public Service Law, sections 65 and 66
Subject: Modification of Con Edison’s electric tariff.
Purpose: To either eliminate or waive a provision of the Standby Service
Offset Tariff.
Substance of proposed rule: The Commission is considering a petition
filed by the Related Companies (Related) requesting certain modifications
to Consolidated Edison Company of New York, Inc.’s (Con Edison or
Company) tariff, P.S.C. No. 10 — Electricity.
In its petition, Related requests that the Commission direct Con
Edison to modify a provision related to the Standby Service Offset
Tariff contained on leaf 157.1.1 which prevents a service account from
participating in the Offset Tariff if it is served by any source of on-site
generation (OSG) other than a centralized shared OSG as allowed
under the Offset Tariff (the no OSG Requirement). Related requests
that the Commission direct Con Edison to eliminate the no OSG
Requirement from its tariff, or alternatively to waive such provision
for one of the buildings at Related’s Hudson Yards property.
The full text of the petition and the full record of the proceeding
may be reviewed online at the Department of Public Service web page:
www.dps.ny.gov. The Commission may adopt, reject or modify, in
whole or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may be
obtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John
Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 486-2655, email: [email protected].gov
Data, views or arguments may be submitted to: Michelle L. Phillips, Sec-
retary, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 474-6530, email: [email protected].gov
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the
proposed rule is within the definition contained in section 102(2)(a)(ii) of
the State Administrative Procedure Act.
(22-E-0068SP1)
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Utility-Owned ESR Participation in the New York Independent
System Operator, Inc. (NYISO) Administered Wholesale Markets
I.D. No. PSC-19-22-00023-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: The Commission is considering a petition filed by
Orange and Rockland Utilities, Inc. (O&R) to use an energy storage
resource (ESR) for wholesale market participation.
Statutory authority: Public Service Law, sections 5, 65, 66 and 74
Subject: Utility-owned ESR participation in the New York Independent
System Operator, Inc. (NYISO) administered wholesale markets.
Purpose: To consider if O&R should use an ESR in NYISO markets, and
whether any conditions are appropriate for such use.
Substance of proposed rule: The Public Service Commission (Commis-
sion) is considering a petition (the Petition), filed by Orange and Rockland
Utilities, Inc. (O&R or the Company) on February 10, 2022, seeking to
bid the output from a Company-owned energy storage system (ESS) – the
Pomona Battery (Battery) – into the New York Independent System Opera-
tor, Inc. (NYISO) administered wholesale markets.
In 2015, the Commission approved the Battery in order to provide peak
load reduction and delay construction of the Pomona Substation. The
Company notes that the Battery has supported peak load reduction and
reliability and that these needs will take precedence over participation in
the NYISO markets. The Battery currently has a nameplate capacity of
3MW and an energy output of 12MWh but has the potential to be upgraded
to 4.5MW/18MWh.
The petition requests that the Commission approve the Company’s
request to bid the Battery project into the NYISO markets. The petition
describes several benefits for both O&R itself and its customers. O&R
expects to obtain invaluable experience which it anticipates applying to
the development of rules related to the ongoing bulk storage solicitation.
Additionally, the petition states that O&R will use 100% of the net
revenues from the sales in the NYISO market for the sole benefit of
customers and will lower the cost of meeting the State’s obligations under
the Climate Leadership and Community Protection Act.
According to the petition, O&R plans to develop a dispatch schedule
using existing personnel and internal processes, as well as working with
external teams. The external teams include the NYISO and Consolidated
Edison Company of New York Inc.’s Energy Markets Group and Com-
modities Operation Team. O&R also proposes to work with National Grid
in a stakeholder information session.
O&R proposes filing annual reports with the Commission regarding the
results of dispatching the Battery project into the NYISO markets. The
first report would be due no later than December 21, 2022.
The full text of the petition and the full record of the proceeding may be
reviewed online at the Department of Public Service web page:
www.dps.ny.gov. The commission may adopt, reject, or modify, in whole
or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may be
obtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John
Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 486-2655, email: [email protected].gov
NYS Register/May 11, 2022Rule Making Activities
30
Data, views or arguments may be submitted to: Michelle L. Phillips, Sec-
retary, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 474-6530, email: [email protected].gov
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the
proposed rule is within the definition contained in section 102(2)(a)(ii) of
the State Administrative Procedure Act.
(18-E-0130SP11)
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Transfer of Street Lighting Facilities
I.D. No. PSC-19-22-00024-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: The Commission is considering a petition filed by Niag-
ara Mohawk Power Corporation d/b/a National Grid seeking authorization
to transfer certain street lighting facilities in the Town of Amherst to the
Town of Amherst.
Statutory authority: Public Service Law, sections 5, 65, 66 and 70(1)
Subject: Transfer of street lighting facilities.
Purpose: To determine whether to authorize the transfer street of lighting
facilities and the proper accounting for the transaction.
Substance of proposed rule: The Public Service Commission (Commis-
sion) is considering a petition filed on April 15, 2022 by Niagara Mohawk
Power Corporation d/b/a National Grid (National Grid), requesting autho-
rization to transfer certain street lighting located in the Town of Amherst
(Town) to the Town.
The original cost of the facilities was approximately $23,794,813
and the net book value of the assets is $15,138,463, as of January 31,
2022. National Grid proposes to transfer the street lighting facilities to
the Town for approximately $15,367,766, which includes the net book
value of the assets as well as transition and transaction costs. National
Grid explains that the agreement between it and the Town provides
that the purchase price will be adjusted (up or down) to reflect the
actual net book value at the date of the closing.
The full text of the petition and the full record of the proceeding
may be viewed online at the Department of Public Service web page:
www.dps.ny.gov. The Commission may adopt, reject, or modify, in
whole or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may be
obtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John
Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 486-2655, email: [email protected].gov
Data, views or arguments may be submitted to: Michelle L. Phillips, Sec-
retary, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 474-6530, email: [email protected].gov
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the
proposed rule is within the definition contained in section 102(2)(a)(ii) of
the State Administrative Procedure Act.
(22-E-0225SP1)
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Application of PSL Provisions to Xerox As an Electric
Corporation and Water-Works Corporation
I.D. No. PSC-19-22-00025-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: The Commission is considering a petition filed by Xerox
Corporation (Xerox) on April 15, 2022, seeking an order providing for
incidental electric and water regulation.
Statutory authority: Public Service Law, sections 2(13), (27), 5(1)(b), (f),
(2), 64, 65, 66, 89-a, 89-b, 89-c, 89-d and 89-e
Subject: Application of PSL provisions to Xerox as an electric corpora-
tion and water-works corporation.
Purpose: To consider whether Xerox should be exempt from PSL provi-
sions, including requirements for full reports and keeping accounts.
Substance of proposed rule: The Public Service Commission (Commis-
sion) is considering a petition, filed by Xerox Corporation (Xerox or
Company) on April 15, 2022, seeking an order providing for incidental
regulation pursuant to Public Service Law (PSL) §§ 66(13) and 89-c(11).
The petition indicates that Xerox currently owns and operates electric
and water distribution facilities used to serve buildings the Company and
its tenants use that is located within the Company’s 776-acre industrial
park, in Webster, New York. The petition notes that the Xerox intends to
consummate a proposed sale of a 110.9 acre portion of the park containing
certain buildings and structures to Tessy Webster Facility, LLC (Tessy)
and continuing to serve that parcel (the Tessy Parcel) with electric and wa-
ter service. According to Xerox, its electric and water distribution facili-
ties in the industrial park are only used to support industrial and manufac-
turing operations and are thus wholly subsidiary and incidental to Xerox’s
primary business operations. The petition explains that Xerox and Tessy
also intend to execute a Shared Services and Easement Agreement that ad-
dresses, in part, the terms by which Xerox would provide electricity and
water to the Tessy Parcel, including a description of the method of rate
calculation for electricity, complaint procedures, and a dispute resolution
process.
As noted, the petition seeks incidental regulation pursuant to PSL
§ 66(13) and 89-c(11), which exempts electric corporations that are
engaged in carrying on business other than owning, operating or manag-
ing electric plant from certain specified requirements that are otherwise
applicable to electric corporations. The petition also seeks a Certificate of
Public Convenience and Necessity pursuant to PSL § 68.
The full text of the petition and the full record of the proceeding may be
reviewed online at the Department of Public Service web page:
www.dps.ny.gov. The commission may adopt, reject, or modify, in whole
or in part, the action proposed and may resolve related matters.
Text of proposed rule and any required statements and analyses may be
obtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact: John
Pitucci, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 486-2655, email: [email protected].gov
Data, views or arguments may be submitted to: Michelle L. Phillips, Sec-
retary, Public Service Commission, 3 Empire State Plaza, Albany, New
York 12223-1350, (518) 474-6530, email: [email protected].gov
Public comment will be received until: 60 days after publication of this
notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the
proposed rule is within the definition contained in section 102(2)(a)(ii) of
the State Administrative Procedure Act.
(22-M-0224SP1)
NYS Register/May 11, 2022 Rule Making Activities
31
HEARINGS SCHEDULED
FOR PROPOSED RULE MAKINGS
Agency I.D. No. Subject Matter Location—Date—Time
Education Department
EDU-13-22-00024-EP . . . . . . . . . . . . . . . . . . . . . . Accelerated due process procedures Zoom—June 8, 2022, 4:00 p.m.
Link: https://zoom.us/j/94999944349?pwd=
MDhYbnV3WFR6dHRZU00rakFDR0Yrdz09
Meeting ID: 949 9994 4349
Passcode: 452424
Call In: +1 646 558 8656 US (New York)
Zoom—June 15, 2022, 11:00 a.m.
Link: https://zoom.us/j/91822156772?pwd=
OHJUbjQwV3RPL3JUZXVDOXF4NmZuUT09
Meeting ID: 918 2215 6772
Passcode: 672220
Call In: +1 646 558 8656 US (New York)
EDU-13-22-00028-P. . . . . . . . . . . . . . . . . . . . . . . . The disability classification ‘‘emotional dis-
turbance’’
Zoom—May 23, 2022, 9:00 a.m.
Link: https://zoom.us/j/97521696405?pwd=
YTRDaE5PaUZTUWE2Yk5WM0FrdWVzQT09
Meeting ID: 975 2169 6405
Passcode: g5iX4x
Call in: +19294362866, 97521696405#,
*494917# US (New York)
EDU-13-22-00029-P. . . . . . . . . . . . . . . . . . . . . . . . Special education due process system
procedures
Zoom—June 8, 2022, 3:00 p.m.
Link: https://zoom.us/j/94999944349?pwd=
MDhYbnV3WFR6dHRZU00rakFDR0Yrdz09
Meeting ID: 949 9994 4349
Passcode: 452424
Call in: +1 646 558 8656 US (New York)
Zoom—June 15, 2022, 10:00 a.m.
Link: https://zoom.us/j/91822156772?pwd=
OHJUbjQwV3RPL3JUZXVDOXF4NmZuUT09
Meeting ID: 918 2215 6772
Passcode: 672220
Call in: +1 646 558 8656 US (New York)
Long Island Power Authority
LPA-17-22-00011-P . . . . . . . . . . . . . . . . . . . . . . . . Access to records and fees collected under
the Freedom of Information Law
Virtual Public Meeting—June 27, 2022, 10:00
a.m.
Virtual Public Meeting—June 27, 2022, 6:00
p.m.
LPA-17-22-00012-P . . . . . . . . . . . . . . . . . . . . . . . . COVID-19 arrears forgiveness and low-
income customer discount eligibility
Virtual Public Meeting—June 27, 2022, 10:00
a.m.
Virtual Public Meeting—June 27, 2022, 6:00
p.m.
LPA-17-22-00013-P . . . . . . . . . . . . . . . . . . . . . . . . Time-of-use rate options for commercial
customers
Virtual Public Meeting—June 27, 2022, 10:00
a.m.
Virtual Public Meeting—June 27, 2022, 6:00
p.m.
LPA-17-22-00014-P . . . . . . . . . . . . . . . . . . . . . . . . LIPA’s delivery service adjustment cost
recovery rider
Virtual Public Meeting—June 27, 2022, 10:00
a.m.
Virtual Public Meeting—June 27, 2022, 6:00
p.m.
LPA-17-22-00015-P . . . . . . . . . . . . . . . . . . . . . . . . The start date of LIPA’s smart meter opt-out
fee
Virtual Public Meeting—June 27, 2022, 10:00
a.m.
Virtual Public Meeting—June 27, 2022, 6:00
p.m.
NYS Register/May 11, 2022Rule Making Activities
32
Public Service Commission
PSC-12-22-00010-P . . . . . . . . . . . . . . . . . . . . . . . . Proposed major rate increase in Liberty
SLG’s gas revenues
Teleconference—July 18, 2022 and continuing
daily as needed, 10:30 a.m. (Evidentiary
Hearing)*
*On occasion, a hearing may be rescheduled or
postponed. In that event, public information
notification of any subsequent scheduling
changes will be available at the DPS website
(www.dps.ny.gov) under Case No. 21-G-0577.
PSC-13-22-00006-P . . . . . . . . . . . . . . . . . . . . . . . . Proposed major rate increase in Con Edison’s
delivery revenues of approximately $500 mil-
lion (or 18.2% in total revenues)
Teleconference—July 6, 2022 and continuing
daily as needed, 10:30 a.m. (Evidentiary
Hearing)*
*On occasion, a hearing may be rescheduled or
postponed. In that event, public information
notification of any subsequent scheduling
changes will be available at the DPS website
(www.dps.ny.gov) under Case No. 22-G-0065.
PSC-13-22-00009-P . . . . . . . . . . . . . . . . . . . . . . . . Proposed major rate increase in Con Edison’s
delivery revenues of approximately $1.2 bil-
lion (or 11.2% in total revenues)
Teleconference—July 6, 2022 and continuing
daily as needed, 10:30 a.m. (Evidentiary
Hearing)*
*On occasion, a hearing may be rescheduled or
postponed. In that event, public information
notification of any subsequent scheduling
changes will be available at the DPS website
(www.dps.ny.gov) under Case No. 22-E-0064.
State, Department of
DOS-14-22-00006-EP . . . . . . . . . . . . . . . . . . . . . . New York State Uniform Fire Prevention and
Building Code (Uniform Code)
Department of State, 99 Washington Ave.,
Albany, NY—June 8, 2022, 10:00 a.m.
NYS Register/May 11, 2022 Rule Making Activities
33
ACTION PENDING
INDEX
The action pending index is a list of all proposed rules which
are currently being considered for adoption. A proposed rule is
added to the index when the notice of proposed rule making is
first published in the
Register. A proposed rule is removed
from the index when any of the following occur: (1) the pro-
posal is adopted as a permanent rule; (2) the proposal is
rejected and withdrawn from consideration; or (3) the propos-
al’s notice expires.
Most notices expire in approximately 12 months if the agency
does not adopt or reject the proposal within that time. The
expiration date is printed in the second column of the action
pending index. Some notices, however, never expire. Those
notices are identified by the word “exempt” in the second
column. Actions pending for one year or more are preceded by
an asterisk(*).
For additional information concerning any of the proposals
listed in the action pending index, use the identification number
to locate the text of the original notice of proposed rule making.
The identification number contains a code which identifies the
agency, the issue of the
Register in which the notice was
printed, the year in which the notice was printed and the no-
tice’s serial number. The following diagram shows how to read
identification number codes.
Agency
code
Issue
number
Year
published
Serial
number
Action
Code
AAM 01 12 00001 P
Action codes: P — proposed rule making; EP — emergency
and proposed rule making (expiration date refers to proposed
rule); RP — revised rule making
Agency I.D. No. Expires Subject Matter Purpose of Action
AGING, OFFICE FOR THE
AGE-11-22-00002-P . . . . . . . . . . . 03/16/23 Limits on Administrative Expenses and
Executive Compensation
To repeal guidelines regarding placing
limitations on Administrative Expenses and
Executive Compensation.
AGRICULTURE AND MARKETS, DEPARTMENT OF
AAM-23-21-00001-P . . . . . . . . . . . 07/07/22 Regulated commodity labeling, packaging and
method of sale requirements
Amend packaging, labeling & method of sale
requirements for various commodities to align
with industry & federal standards
AAM-52-21-00001-EP . . . . . . . . . . . 12/29/22 Control of the Box Tree Moth (Cydalima
perspectalis)
To help control the spread of the Box Tree
Moth, which infests certain landscaping host
plants, rendering them unmarketable
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF
ASA-27-21-00009-P . . . . . . . . . . . 07/07/22 General provisions applicable to all OASAS
programs
To identify those provisions that are required of
all OASAS certified, funded or otherwise
authorized programs
ASA-42-21-00010-P . . . . . . . . . . . 10/20/22 Provision of problem gambling treatment and
recovery services.
Identify the requirements for provision of
problem gambling services.
ASA-52-21-00005-EP . . . . . . . . . . . 12/29/22 Masking requirements in all OASAS certified/
funded/otherwise authorized settings
To prevent the ongoing threat to public health
of the spread of COVID-19 in OASAS settings
ASA-11-22-00003-P . . . . . . . . . . . 03/16/23 Patient rights in OASAS programs Establish patient rights and provider obligations
regarding patient rights in OASAS programs
ASA-11-22-00004-P . . . . . . . . . . . 03/16/23 substance use disorder residential services requirements for substance use disorder
residential services
ASA-11-22-00005-P . . . . . . . . . . . 03/16/23 Substance use disorder withdrawal and
stabilization services
Requirements for providers of substance use
disorder withdrawal and stabilization services
ASA-11-22-00006-P . . . . . . . . . . . 03/16/23 residential services requirements for the delivery of residential
services
NYS Register/May 11, 2022 Action Pending Index
35
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF
ASA-11-22-00007-P . . . . . . . . . . . 03/16/23 General provisions applicable to all programs
certified, funded or otherwise authorized by
OASAS
General provisions applicable to all programs
certified, funded or otherwise authorized by
OASAS
ASA-11-22-00008-P . . . . . . . . . . . 03/16/23 Substance use disorder residential
rehabilitation services for youth
to establish standards for substance use
disorder residential rehabilitation services for
youth
ASA-11-22-00009-P . . . . . . . . . . . 03/16/23 substance use disorder inpatient rehabilitation requirements for substance use disorder
inpatient rehabilitation services
ASA-11-22-00010-P . . . . . . . . . . . 03/16/23 general service standards for substance use
disorder outpatient programs
general service standards for substance use
disorder outpatient programs
ASA-11-22-00011-P . . . . . . . . . . . 03/16/23 INCIDENT REPORTING IN OASAS
CERTIFIED, LICENSED, FUNDED, OR
OPERATED SERVICES
INCIDENT REPORTING IN OASAS
CERTIFIED, LICENSED, FUNDED, OR
OPERATED SERVICES
ASA-12-22-00005-P . . . . . . . . . . . 03/23/23 Designated Services To add new Adolescent Program Endorsement
and new Ancillary Withdrawal Designation
AUDIT AND CONTROL, DEPARTMENT OF
AAC-09-22-00003-P . . . . . . . . . . . 03/02/23 Electronic Contact To provide that forms of electronic contact
satisfy the written communication requirements
under Abandoned Property Law
CANNABIS MANAGEMENT, OFFICE OF
OCM-46-21-00010-RP . . . . . . . . . . . 11/17/22 Part 115 - Personal Cultivation of Cannabis Regulation to authorize the home cultivation of
cannabis for certified medical cannabis patients
OCM-01-22-00026-P . . . . . . . . . . . 01/05/23 Part 114 - Cannabinoid Hemp To create a licensing framework for
cannabinoid hemp processors and cannabinoid
hemp retailers
OCM-10-22-00017-P . . . . . . . . . . . 03/09/23 Part 113 - Medical Cannabis The proposed rule established the framework
for the medical cannabis program in New York
State
OCM-13-22-00002-P . . . . . . . . . . . 03/30/23 Part 116 - Conditional Adult-Use Retail
Dispensary
The proposed rule establishes the framework
for a subset of retail licenses for the adult-use
cannabis program in New York.
CHILDREN AND FAMILY SERVICES, OFFICE OF
CFS-52-21-00003-EP . . . . . . . . . . . 12/29/22 To establish minimum standards to control the
spread of COVID-19 at residential congregate
programs.
To establish minimum standards to control the
spread of COVID-19 at residential congregate
programs.
CFS-18-22-00008-P . . . . . . . . . . . 05/04/23 Expanded eligibility for child care assistance To expand eligibility for child care assistance in
accordance with Social Services Law 410-w
CIVIL SERVICE, DEPARTMENT OF
CVS-01-22-00019-P . . . . . . . . . . . 01/05/23 Family Sick Leave To increase amount of annual family sick leave
from fifteen (15) to twenty-five (25) days for
eligible M/C employees
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
36
CIVIL SERVICE, DEPARTMENT OF
CVS-01-22-00020-P . . . . . . . . . . . 01/05/23 Jurisdictional Classification To classify a position in the exempt class.
CVS-01-22-00021-P . . . . . . . . . . . 01/05/23 Jurisdictional Classification To classify positions in the exemp class and to
classify a subheading and positions in the non-
competitive class
CVS-01-22-00022-P . . . . . . . . . . . 01/05/23 Jurisdictional Classification To delete a position from and classify a
position in the non-competitive class
CVS-01-22-00023-P . . . . . . . . . . . 01/05/23 Jurisdictional Classification To delete a position from and classify a
position in the exempt class.
CVS-01-22-00024-P . . . . . . . . . . . 01/05/23 Jurisdictional Classification To classify a position in the exempt class.
CVS-01-22-00025-P . . . . . . . . . . . 01/05/23 Jurisdictional Classification To classify positions in the exempt class
CVS-06-22-00001-P . . . . . . . . . . . 02/09/23 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-06-22-00002-P . . . . . . . . . . . 02/09/23 Jurisdictional Classification To classify positions in the exempt class
CVS-06-22-00003-P . . . . . . . . . . . 02/09/23 Jurisdictional Classification To classify positions in the exempt class
CVS-06-22-00004-P . . . . . . . . . . . 02/09/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-06-22-00005-P . . . . . . . . . . . 02/09/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-06-22-00006-P . . . . . . . . . . . 02/09/23 Jurisdictional Classification To delete a position and to classify a position in
the exempt class and to classify positions in
the non-competitive class
CVS-06-22-00007-P . . . . . . . . . . . 02/09/23 Jurisdictional Classification To delete a position from and to add a
subheading and classify positions in the non-
competitive class
CVS-06-22-00008-P . . . . . . . . . . . 02/09/23 Jurisdictional Classification To classify positions in the exempt class.
CVS-09-22-00001-P . . . . . . . . . . . 03/02/23 Supplemental military leave benefits To extend the availability of supplemental
military leave benefits for certain New York
State employees until December 31, 2022
CVS-10-22-00001-P . . . . . . . . . . . 03/09/23 Jurisdictional Classification To classify positions in the exempt class.
CVS-10-22-00002-P . . . . . . . . . . . 03/09/23 Jurisdictional Classification To classify positions in the exempt class.
CVS-10-22-00003-P . . . . . . . . . . . 03/09/23 Jurisdictional Classification To delete a position from the non-competitive
class
CVS-10-22-00004-P . . . . . . . . . . . 03/09/23 Jurisdictional Classification To delete positions from and classify positions
in the non-competitive class
CVS-10-22-00005-P . . . . . . . . . . . 03/09/23 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-10-22-00006-P . . . . . . . . . . . 03/09/23 Jurisdictional Classification To classify positions in the non-competitive
class
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
37
CIVIL SERVICE, DEPARTMENT OF
CVS-10-22-00007-P . . . . . . . . . . . 03/09/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-10-22-00008-P . . . . . . . . . . . 03/09/23 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-13-22-00015-P . . . . . . . . . . . 03/30/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-13-22-00016-P . . . . . . . . . . . 03/30/23 Jurisdictional Classification To delete a position from and to classify a
position in the exempt class.
CVS-13-22-00017-P . . . . . . . . . . . 03/30/23 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-13-22-00018-P . . . . . . . . . . . 03/30/23 Jurisdictional Classification To classify positions in the exempt class.
CVS-13-22-00019-P . . . . . . . . . . . 03/30/23 Jurisdictional Classification To add a subheading and classify positions in
the non-competitive class
CVS-13-22-00020-P . . . . . . . . . . . 03/30/23 Jurisdictional Classification To classify positions in the exempt class and to
classify a position in the non-competitive class
CVS-13-22-00021-P . . . . . . . . . . . 03/30/23 Jurisdictional Classification To classify positions in the exempt class.
CVS-13-22-00022-P . . . . . . . . . . . 03/30/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-19-22-00001-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-19-22-00002-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify positions in the exempt class.
CVS-19-22-00003-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-19-22-00004-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-19-22-00005-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-19-22-00006-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify a position in the exempt class.
CVS-19-22-00007-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To delete a position from the exempt class and
to delete positions from and classify positions
in the non-competitive class
CVS-19-22-00008-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify a position in the exempt class.
CVS-19-22-00009-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-19-22-00010-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-19-22-00011-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify a position in the non-competitive
class
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
38
CIVIL SERVICE, DEPARTMENT OF
CVS-19-22-00012-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-19-22-00013-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-19-22-00014-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify positions in the exempt class.
CVS-19-22-00015-P . . . . . . . . . . . 05/11/23 Jurisdictional Classification To classify a position in the non-competitive
class
CORRECTION, STATE COMMISSION OF
CMC-34-21-00001-P . . . . . . . . . . . 08/25/22 Jail staffing requirements To provide county governments and the City of
New York an increased role and flexibility in
determining officer staffing levels
CMC-15-22-00007-EP . . . . . . . . . . . 04/13/23 Segregated confinement Set minimum standards for the imposition of
segregated confinement and the operation of
RRUs in jails
CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF
CCS-07-22-00006-P . . . . . . . . . . . 02/16/23 Forwarding Incarcerated Individual Mail To further clarify facility mail forwarding
processing procedures.
CCS-08-22-00007-EP . . . . . . . . . . . 02/23/23 Disposition for violations of the conditions of
release
To bring Board regulations into compliance with
recent amendments to the Executive Law.
CCS-14-22-00010-P . . . . . . . . . . . 04/06/23 Incarcerated Individual Correspondence
Program
To further clarify facility mail processing
procedures.
CCS-16-22-00002-P . . . . . . . . . . . 04/20/23 Limits On Administrative Expenses And
Executive Compensation
To remove outdated references in the
Department’s regulations
CCS-16-22-00003-EP . . . . . . . . . . . 04/20/23 Definitions, Standards of Incarcerated
Individual Behavior, Special Housing Units,
and Institutional Programs
To revise regulations to be in compliance with
the new HALT legislation and applicable laws
CRIMINAL JUSTICE SERVICES, DIVISION OF
CJS-42-21-00004-EP . . . . . . . . . . . 10/20/22 Professional Policing Standards Implementation of the ‘‘New York State
Professional Policing Act of 2021’’
ECONOMIC DEVELOPMENT, DEPARTMENT OF
EDV-45-21-00001-P . . . . . . . . . . . 11/10/22 Commercial Production Credit Program Update regulations to include a third party
verification process for application submissions.
EDV-05-22-00007-P . . . . . . . . . . . 02/02/23 Post Production Tax Credit Program Update regulations to clarify the taxable year in
which a credit is allowable.
EDUCATION DEPARTMENT
EDU-48-21-00008-P . . . . . . . . . . . 02/17/23 Special education impartial hearing officers
and the special education due process
system procedures.
To address volume of special education due
process complaints in the New York City due
process system
NYS Register/May 11, 2022 Action Pending Index
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EDUCATION DEPARTMENT
EDU-04-22-00008-EP . . . . . . . . . . . 01/26/23 Cancellation of January 2022 administration
of Regents Examinations
To provide regulatory flexibility in response to
the cancellation of the January 2022 Regents
examination administration.
EDU-04-22-00009-EP . . . . . . . . . . . 01/26/23 Administration of Immunizations by
Pharmacists.
To conform the Commissioner’s regulation to
Chapter 555 of the Laws of 2021 authorizing
pharmacists to administer certain
immunizations.
EDU-04-22-00010-EP . . . . . . . . . . . 01/26/23 Assessment requirements for school district
leader and school district business leader
program completion, the institutional
recommendation for Professional SDL and
SDBL certification, and the institutional
recommendation Transitional D certification.
Removes the requirement that SDL, SDBL,
and Transitional D candidates pass the SDL
and SDBL assessment, respectively, for
program completion and the institutional
recommendation for Professional and
Transitional D certification
EDU-09-22-00013-P . . . . . . . . . . . 03/02/23 Use of Therapeutic Pharmaceutical Agents by
Certified Optometrists.
To add a new class of drugs, Rho kinase
inhibitors, to the list of drugs that an
optometrist certified to use phase two
therapeutic pharmaceutical agents may use
and prescribe to treat patients
EDU-09-22-00014-P . . . . . . . . . . . 03/02/23 Content core requirements for candidates
seeking an additional science certificate.
To revise the content core requirements in
registered teacher preparation programs
EDU-09-22-00015-P . . . . . . . . . . . 03/02/23 Literacy (All Grades) certificate Establishes the Literacy (All Grades) certificate
EDU-09-22-00016-P . . . . . . . . . . . 03/02/23 Board of education cooperative services
regional technology plans.
To modernize the language and align
requirements of the regional technology plans
required to be submitted by BOCES.
EDU-13-22-00024-EP . . . . . . . . . . . 06/15/23 Accelerated due process procedures. To implement Chapter 812 of the Laws of
2021.
EDU-13-22-00025-P . . . . . . . . . . . 03/30/23 Substantially Equivalent Instruction for
Nonpublic School Students
Provide guidance to local school authorities to
assist them in fulfilling their responsibilities
under the Compulsory Ed Law
EDU-13-22-00026-P . . . . . . . . . . . 03/30/23 Admission Requirements for Graduate-level
Teacher and Educational Leadership
Programs.
To align such admission requirements with
Chapter 630 and 626 of the Laws of 2021.
EDU-13-22-00027-P . . . . . . . . . . . 03/30/23 Instructional Hour COVID-19 Waiver To extend the instructional hour COVID-19
waiver to the 2022-23 school year.
EDU-13-22-00028-P . . . . . . . . . . . 05/23/23 The disability classification ‘‘emotional
disturbance.’’
To rename such disability classification to
‘‘emotional disability.’’
EDU-13-22-00029-P . . . . . . . . . . . 06/15/23 Special education due process system
procedures
To address the rotational selection process for
assignment of IHOs to due process complaints;
clarify language regarding IHO findings of fact
and decisions; and address how IHOs must
handle conflicts of interest
EDU-17-22-00005-P . . . . . . . . . . . 04/27/23 Continuing education (CE) requirements for
psychologists, social workers and mental
health practitioners.
To require such professionals to complete three
CE credits on issues related to maintaining
appropriate professional boundaries.
EDU-17-22-00006-P . . . . . . . . . . . 04/27/23 Registration requirements for residency
programs and residency certificate
requirements
To establish registration requirements for
residency programs and to revise residency
certificate requirements.
NYS Register/May 11, 2022Action Pending Index
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EDUCATION DEPARTMENT
EDU-17-22-00007-P . . . . . . . . . . . 04/27/23 Remote instruction and its delivery under
emergency conditions
Permits districts to provide remote instruction if
they would otherwise close due to an
emergency and count such instructional days
towards minimum requirements, define remote
instruction and require public schools to plan
for providing remote instruction
EDU-17-22-00008-EP . . . . . . . . . . . 04/27/23 General Comprehensive Examination Sub-
tests and Grandfathering of Prior Passing
Scores
To permit candidates for the high school
equivalence (HSE) diploma to apply passing
sub-test(s) scores from the TASC as passing
score(s) for up to three corresponding sub-
test(s) of the approved HSE examination.
EDU-17-22-00009-EP . . . . . . . . . . . 04/27/23 Licensure requirements for professional
engineers.
To implement Chapter 465 of the Laws of 2021
relating to licensure requirements for
professional engineers.
EDU-17-22-00010-P . . . . . . . . . . . 04/27/23 State Aid for Public Library Systems, School
Library Systems and Reference and
Research Library Resource Councils
To align the Commissioner’s regulations with
Chapters 563 and 322 of the Laws of 2021.
ELECTIONS, STATE BOARD OF
SBE-33-21-00010-P . . . . . . . . . . . 08/18/22 Public Campaign Finance Program Implementation of the Public Campaign
Finance Program
SBE-39-21-00003-P . . . . . . . . . . . 09/29/22 Required Debates for Statewide Candidates
Participating in the Public Campaign Finance
Program
Outlines Debate Requirements for Statewide
Candidates Participating in the Public
Campaign Finance Program
SBE-46-21-00001-P . . . . . . . . . . . 11/17/22 Public Campaign Finance Board’s
Enforcement Procedure
Relates to how the Public Campaign Finance
Board will enforce the public campaign finance
provisions of the Election Law
SBE-16-22-00004-EP . . . . . . . . . . . 04/20/23 Providing deadlines for entering voter history
and providing list of affidavit voters.
To conform regulatory provisions to canvassing
provisions provied for by amendments to
Election Law Section 9-209.
SBE-16-22-00005-EP . . . . . . . . . . . 04/20/23 Removing gender matching from the
comparison of voter registration records
against the records of the Dept of Motor
Vehicles.
To ensure that voter matches can occur as
provided for by law as a result of Chapter 158
of Laws of 2021.
ENVIRONMENTAL CONSERVATION, DEPARTMENT OF
ENV-22-21-00001-EP . . . . . . . . . . . 06/02/22 Peekamoose Valley Riparian Corridor Protect public health, safety, general welfare
and natural resources on the Peekamoose
Valley Riparian Corridor
ENV-24-21-00008-P . . . . . . . . . . . 08/17/22 Petroleum Bulk Storage (PBS) To amend the PBS regulations, 6 NYCRR Part
613
ENV-24-21-00009-P . . . . . . . . . . . 08/17/22 Chemical Bulk Storage (CBS) To repeal existing 6 NYCRR Parts 596, 598
,599 and replace with new Part 598; and
amend existing Part 597; for the CBS program
ENV-37-21-00004-P . . . . . . . . . . . 09/15/22 Deer Hunting This rulemaking will allow counties to annually,
by county law, “opt-out” of the late bow and/or
muzzleloader deer seasons
ENV-51-21-00003-P . . . . . . . . . . . 04/07/23 Environmental Remediation Programs To amend 6 NYCRR Part 375, Environmental
Remediation Programs.
NYS Register/May 11, 2022 Action Pending Index
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ENVIRONMENTAL CONSERVATION, DEPARTMENT OF
ENV-14-22-00005-P . . . . . . . . . . . 04/06/23 Amendments to New York State spring turkey
hunting regulations
To increase hunting opportunities in Wildlife
Management Unit 1C and to modernize
allowable take methods
FINANCIAL SERVICES, DEPARTMENT OF
*DFS-17-16-00003-P . . . . . . . . . . . . exempt Plan of Conversion by Commercial Travelers
Mutual Insurance Company
To convert a mutual accident and health
insurance company to a stock accident and
health insurance company
*DFS-25-18-00006-P . . . . . . . . . . . . exempt Plan of Conversion by Medical Liabilty Mutual
Insurance Company
To convert a mutual property and casualty
insurance company to a stock property and
casualty insurance company
DFS-42-21-00011-P . . . . . . . . . . . 10/20/22 DISCLOSURE REQUIREMENTS FOR
CERTAIN PROVIDERS OF COMMERCIAL
FINANCING TRANSACTIONS
To provide new disclosure rules for small
business financings
DFS-44-21-00015-P . . . . . . . . . . . 11/03/22 Compliance With Community Reinvestment
Act Requirements
To provide new rules concerning data collection
on extension of credit to women-owned and
minority-owned businesses.
DFS-47-21-00006-P . . . . . . . . . . . 11/24/22 Minimum Standards for the Form, Content
and Sale of Health Insurance, Including
Standards of Full and Fair Disclosure
To hold insurers, plans and HMOs responsible
for inaccurate provider directory information
and replies to insureds’ inquiries.
DFS-50-21-00016-P . . . . . . . . . . . 12/15/22 Debt Collection by Third-Party Debt Collectors
and Debt Buyers
To clarify and modify standards for debt
collection practices in New York
DFS-09-22-00018-P . . . . . . . . . . . 03/02/23 Minimum Standards for the Form, Content
and Sale of Health Insurance, Including
Standards of Full and Fair Disclosure
To provide additional minimum standards for
the content of health insurance identification
cards in accordance with Federal law
DFS-11-22-00001-P . . . . . . . . . . . 03/16/23 Separate Accounts and Separate Account
Contracts
To establish standards for separate accounts
and separate account contracts.
DFS-14-22-00004-P . . . . . . . . . . . 04/06/23 Rules Governing the Procedures for
Adjudicatory Proceedings Before the
Department of Financial Services
To specify that administrative hearings are held
by videoconference unless determination is
made to hold the hearing in-person
GAMING COMMISSION, NEW YORK STATE
SGC-13-22-00001-P . . . . . . . . . . . 03/30/23 Removing the requirement to couple entries
with jockeys with relationships among them or
with other participants in the race.
To enhance the integrity and safety of
thoroughbred horse racing.
SGC-13-22-00003-P . . . . . . . . . . . 03/30/23 Regulation of charitable gaming games of
chance.
To conform games of chance rules to current
statutes and improve operations.
SGC-13-22-00004-P . . . . . . . . . . . 03/30/23 Regulation of charitable gaming raffles. To conform raffles rules to current statutes and
improve operations.
SGC-13-22-00005-P . . . . . . . . . . . 03/30/23 Racing license hearing requests and service
methods.
To enhance the fairness and efficiency of
adjudicatory proceedings.
GENERAL SERVICES, OFFICE OF
GNS-19-22-00026-P . . . . . . . . . . . 05/11/23 Charitable Contributions Thru State
Employees Federated Appeals
To reflect efficiencies offered by modern
business processes.
NYS Register/May 11, 2022Action Pending Index
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HEALTH, DEPARTMENT OF
*HLT-14-94-00006-P . . . . . . . . . . . . exempt Payment methodology for HIV/AIDS
outpatient services
To expand the current payment to incorporate
pricing for services
*HLT-05-21-00011-RP . . . . . . . . . . . 05/04/22 Ingredient Disclosures for Vapor Products and
E-Cigarettes
To provide for enhanced public awareness of
the chemicals used in vapor products and
electronic cigarettes
HLT-46-21-00005-P . . . . . . . . . . . 11/17/22 Nursing Home Minimum Direct Resident Care
Spending
Every RHCF shall spend a minimum of 70% of
revenue on direct resident care and 40% of
revenue on resident-facing staffing.
HLT-46-21-00007-P . . . . . . . . . . . 11/17/22 Minimum Staffing Requirements for Nursing
Homes
Requiring minimum staffing levels for nursing
homes
HLT-50-21-00001-EP . . . . . . . . . . . 12/15/22 Prevention of COVID-19 Transmission by
Covered Entities
To require covered entities to ensure their
personnel are fully vaccinated against
COVID-19 subject to certain exemptions.
HLT-50-21-00002-EP . . . . . . . . . . . 12/15/22 Investigation of Communicable Disease;
Isolation and Quarantine
Control of communicable disease.
HLT-50-21-00003-EP . . . . . . . . . . . 12/15/22 Face Coverings for COVID-19 Prevention To control and promote the control of
communicable diseases to reduce their spread.
HLT-50-21-00004-EP . . . . . . . . . . . 12/15/22 Personal Caregiving and Compassionate
Caregiving Visitors in Nursing Homes (NH’s)
and Adult Care Facilities (ACF’s)
To require NH’s & ACF’s to establish policies &
procedures relating to personal caregiving &
compassionate caregiving visitors.
HLT-01-22-00004-P . . . . . . . . . . . 01/05/23 Prescription Refills Limits Medicaid FFS prescriptions to a
maximum of 12 fills within one year from the
date the prescriber initiates a prescription
HLT-07-22-00010-P . . . . . . . . . . . 02/16/23 Clinical Staffing in General Hospitals Requires general hospitals to have clinical
staffing committees and create clinical staffing
plans
HLT-07-22-00011-P . . . . . . . . . . . 02/16/23 Surge and Flex Health Coordination System Provides authority to the Commissioner to
direct certain actions and waive certain
regulations in an emergency.
HLT-10-22-00009-P . . . . . . . . . . . 03/09/23 Updated Retention Standards for Adult Care
Facilities
To ensure admission and retention standards
for adult care facilities are consistent with the
Americans with Disabilities Act.
HLT-12-22-00001-P . . . . . . . . . . . 03/23/23 Clinical Laboratories and Blood Banks To allow for remote supervision and updates to
provide concordance with NYSED law for
qualifications of technical personnel
HLT-12-22-00002-P . . . . . . . . . . . 03/23/23 Reporting of Acute HIV Infection To require clinicians to report any case of acute
HIV within 24 hours of diagnoses
HLT-12-22-00003-P . . . . . . . . . . . 03/23/23 Telehealth Services To ensure continuity of care of telehealth
services provided to Medicaid enrollees
HUMAN RIGHTS, DIVISION OF
*HRT-15-21-00005-RP . . . . . . . . . . . 07/13/22 Notice of tenants’ rights to reasonable
modifications and accommodations for
persons with disabilities
To comply with the requirements of Executive
Law section 170-d
NYS Register/May 11, 2022 Action Pending Index
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JOINT COMMISSION ON PUBLIC ETHICS, NEW YORK STATE
JPE-06-22-00015-EP . . . . . . . . . . . 02/09/23 Adjudicatory proceedings and appeals
procedures for matters under the
Commission’s jurisdiction
To increase transparency of the Commission
LABOR, DEPARTMENT OF
LAB-34-21-00002-EP . . . . . . . . . . . 11/17/22 New York Health and Essential Rights Act
(NY HERO Act)
Airborne Infectious Disease Exposure
Prevention Standard
LAB-51-21-00007-P . . . . . . . . . . . 02/09/23 Workplace Safety Committees To comply with Labor Law 27-d(8) which
requires that the Department adopt regulations.
LAB-05-22-00008-EP . . . . . . . . . . . 02/02/23 Unemployment Insurance Work Search Permit unemployment claimants to use virtual
and electronic methods to engage in systemic
and sustained work search efforts.
LAW, DEPARTMENT OF
LAW-49-21-00016-P . . . . . . . . . . . 12/08/22 Charities regulatory framework and the use of
gendered pronouns therein
Removal of all references to gender pronouns
and replacing them with the neutral pronoun,
‘‘they’’ or ‘‘their’’
LONG ISLAND POWER AUTHORITY
*LPA-08-01-00003-P . . . . . . . . . . . . exempt Pole attachments and related matters To approve revisions to the authority’s tariff
*LPA-41-02-00005-P . . . . . . . . . . . . exempt Tariff for electric service To revise the tariff for electric service
*LPA-04-06-00007-P . . . . . . . . . . . . exempt Tariff for electric service To adopt provisions of a ratepayer protection
plan
*LPA-03-10-00004-P . . . . . . . . . . . . exempt Residential late payment charges To extend the application of late payment
charges to residential customers
*LPA-15-18-00013-P . . . . . . . . . . . . exempt Outdoor area lighting To add an option and pricing for efficient LED
lamps to the Authority’s outdoor area lighting
*LPA-37-18-00013-P . . . . . . . . . . . . exempt The net energy metering provisions of the
Authority’s Tariff for Electric Service
To implement PSC guidance increasing
eligibility for value stack compensation to larger
projects
*LPA-37-18-00017-P . . . . . . . . . . . . exempt The treatment of electric vehicle charging in
the Authority’s Tariff for Electric Service.
To effectuate the outcome of the Public Service
Commission’s proceeding on electric vehicle
supply equipment.
*LPA-37-18-00018-P . . . . . . . . . . . . exempt The treatment of energy storage in the
Authority’s Tariff for Electric Service.
To effectuate the outcome of the Public Service
Commission’s proceeding on the NY Energy
Storage Roadmap.
*LPA-09-20-00010-P . . . . . . . . . . . . exempt To update and implement latest requirements
for ESCOs proposing to do business within
the Authority’s service territory.
To strengthen customer protections and be
consistent with Public Service Commission
orders on retail energy markets.
*LPA-28-20-00033-EP . . . . . . . . . . . . exempt LIPA’s late payment charges, reconnection
charges, and low-income customer discount
enrollment
To allow waiver of late payment and
reconnection charges and extend the grace
period for re-enrolling in customer bill discounts
*LPA-37-20-00013-EP . . . . . . . . . . . . exempt The terms of deferred payment agreements
available to LIPA’s commercial customers
To expand eligibility for and ease the terms of
deferred payment agreements for LIPA’s
commercial customers
NYS Register/May 11, 2022Action Pending Index
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LONG ISLAND POWER AUTHORITY
*LPA-12-21-00011-P . . . . . . . . . . . . exempt LIPA’s Long Island Choice (retail choice) tariff To simplify and improve Long Island Choice
based on stakeholder collaborative input
LPA-17-22-00011-P . . . . . . . . . . . 06/27/23 Access to records and fees collected under
the Freedom of Information Law.
To make necessary technical updates and to
conform with FOIL regarding collection of fees.
LPA-17-22-00012-P . . . . . . . . . . . . exempt COVID-19 arrears forgiveness and low-
income customer discount eligibility
To implement an arrears forgiveness program
and expand low-income customer discount
eligibility.
LPA-17-22-00013-P . . . . . . . . . . . . exempt Time-of-use rate options for commercial
customers
To offer a new TOU rate option for commercial
customers that is aligned with industry best
practices.
LPA-17-22-00014-P . . . . . . . . . . . . exempt LIPA’s delivery service adjustment cost
recovery rider
To ensure recovery of T&D property tax
expenses consistent with the LIPA Reform Act,
at the lowest cost to LIPA customers.
LPA-17-22-00015-P . . . . . . . . . . . . exempt The start date of LIPA’s smart meter opt-out
fee
To update the start date of the smart meter
opt-out fee due to early completion of the
smart meter rollout.
MENTAL HEALTH, OFFICE OF
OMH-33-21-00005-ERP . . . . . . . . . . . 08/18/22 Establishes Crisis Stabilization Centers. To establish standards for a Crisis Stabilization
Center which provides a full range of
psychiatric and substance use services.
OMH-40-21-00007-EP . . . . . . . . . . . 10/06/22 COVID-19 Masking Program To implement a COVID-19 mask program
OMH-43-21-00002-ERP . . . . . . . . . . . 10/27/22 COVID-19 Vaccination Program To implement a COVID-19 vaccination program
in OMH Operated or Licensed Hospitals
OMH-48-21-00003-ERP . . . . . . . . . . . 12/01/22 Telehealth Expansion To establish regulations regarding the
expansion of telehealth
METROPOLITAN TRANSPORTATION AGENCY
*MTA-16-21-00004-EP . . . . . . . . . . . 04/21/22 Requiring mask wearing when using the
facilities and conveyances of the MTA and its
operating affiliates and subsidiaries
To safeguard the public health and safety by
adding a new all-agency rule requiring the use
of masks in facilities and conveyances
MTA-16-22-00008-EP . . . . . . . . . . . 04/20/23 Requiring mask wearing when mandated for
indoor facilities and conveyances of the MTA
& ts affiliates and subsidiaries.
To safeguard the public health and safety by
adding a rule requiring the use of masks in
facilities & conveyances when mandated
MOTOR VEHICLES, DEPARTMENT OF
MTV-09-22-00017-P . . . . . . . . . . . 03/02/23 Passenger and commercial registrations Allows a passenger class registration for non-
commercially used pickup trucks by removing
the truck weight limitation
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
NYS Register/May 11, 2022 Action Pending Index
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NIAGARA FALLS WATER BOARD
*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-49-21-00010-EP . . . . . . . . . . . 12/08/22 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
OGDENSBURG BRIDGE AND PORT AUTHORITY
*OBA-33-18-00019-P . . . . . . . . . . . . exempt Increase in Bridge Toll Structure To increase bridge toll revenue in order to
become financially self-supporting. Our bridge
operations are resulting in deficit.
*OBA-07-19-00019-P . . . . . . . . . . . . exempt Increase in Bridge Toll Structure To increase bridge toll revenue in order to
become financially self-supporting. Our bridge
operations are resulting in deficit
PEOPLE WITH DEVELOPMENTAL DISABILITIES, OFFICE FOR
PDD-37-21-00001-P . . . . . . . . . . . 09/15/22 Certified Residential Opportunities To provide equity in opportunities for certified
residential opportunities
PDD-40-21-00002-EP . . . . . . . . . . . 10/06/22 Mandatory Face Coverings in OPWDD
Certified Services
To protect public health
PDD-43-21-00003-ERP . . . . . . . . . . . 10/27/22 COVID-19 vaccines To require vaccinations in certain OPWDD
settings
PDD-07-22-00004-EP . . . . . . . . . . . 02/16/23 Certification of the Facility Class Known as
Individualized Residential Alternative
To increase IRA capacity in cases of emergent
circumstances
PDD-07-22-00005-EP . . . . . . . . . . . 02/16/23 General Purpose To increase IRA capacity in cases of emergent
circumstances
PDD-09-22-00005-P . . . . . . . . . . . 03/02/23 Administrative Compensation To repeal Part 645 as Executive Order 38 has
sunset
PDD-10-22-00010-EP . . . . . . . . . . . 03/09/23 Training Flexibilities To provide flexibility in training 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
PUBLIC SERVICE COMMISSION
*PSC-09-99-00012-P . . . . . . . . . . . . exempt Transfer of books and records by Citizens
Utilities Company
To relocate Ogden Telephone Company’s
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
Central Hudson Gas & Electric Corporation
To revise the date
NYS Register/May 11, 2022Action Pending Index
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PUBLIC SERVICE COMMISSION
*PSC-44-01-00005-P . . . . . . . . . . . . exempt Annual reconciliation of gas costs by Corning
Natural Gas Corporation
To authorize the company to include certain
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
York
To consider changes
*PSC-40-03-00015-P . . . . . . . . . . . . exempt Receipt of payment of bills by St. Lawrence
Gas Company
To revise the process
*PSC-41-03-00010-P . . . . . . . . . . . . exempt Annual reconciliation of gas expenses and
gas cost recoveries
To consider filings of various LDCs and
municipalities
*PSC-41-03-00011-P . . . . . . . . . . . . exempt Annual reconciliation of gas expenses and
gas cost recoveries
To consider filings of various LDCs and
municipalities
*PSC-44-03-00009-P . . . . . . . . . . . . exempt Retail access data between jurisdictional
utilities
To accommodate changes in retail access
market structure or commission mandates
*PSC-02-04-00008-P . . . . . . . . . . . . exempt Delivery rates for Con Edison’s customers in
New York City and Westchester County by
the City of New York
To rehear the Nov. 25, 2003 order
*PSC-06-04-00009-P . . . . . . . . . . . . exempt Transfer of ownership interest by SCS Energy
LLC and AE Investors LLC
To transfer interest in Steinway Creek Electric
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
New York Inc. and VIC-RMTS-DC, L.L.C.
d/b/a Verizon Avenue
To amend the agreement
*PSC-14-04-00008-P . . . . . . . . . . . . exempt Submetering of natural gas service to
industrial and commercial customers by
Hamburg Fairgrounds
To submeter gas service to commercial
customers located at the Buffalo Speedway
*PSC-15-04-00022-P . . . . . . . . . . . . exempt Submetering of electricity by Glenn Gardens
Associates, L.P.
To permit submetering at 175 W. 87th St., New
York, NY
*PSC-21-04-00013-P . . . . . . . . . . . . exempt Verizon performance assurance plan by
Metropolitan Telecommunications
To clarify the appropriate performance level
*PSC-22-04-00010-P . . . . . . . . . . . . exempt Approval of new types of electricity meters by
Powell Power Electric Company
To permit the use of the PE-1250 electronic
meter
*PSC-22-04-00013-P . . . . . . . . . . . . exempt Major gas rate increase by Consolidated
Edison Company of New York, Inc.
To increase annual gas revenues
*PSC-22-04-00016-P . . . . . . . . . . . . exempt Master metering of water by South Liberty
Corporation
To waive the requirement for installation of
separate water meters
*PSC-25-04-00012-P . . . . . . . . . . . . exempt Interconnection agreement between Frontier
Communications of Ausable Valley, Inc., et al.
and Sprint Communications Company, L.P.
To amend the agreement
*PSC-27-04-00008-P . . . . . . . . . . . . exempt Interconnection agreement between Verizon
New York Inc. and various Verizon wireless
affiliates
To amend the agreement
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
47
PUBLIC SERVICE COMMISSION
*PSC-27-04-00009-P . . . . . . . . . . . . exempt Interconnection agreement between Verizon
New York Inc. and various Verizon wireless
affiliates
To amend the agreement
*PSC-28-04-00006-P . . . . . . . . . . . . exempt Approval of loans by Dunkirk & Fredonia
Telephone Company and Cassadaga
Telephone Corporation
To authorize participation in the parent
corporation’s line of credit
*PSC-31-04-00023-P . . . . . . . . . . . . exempt Distributed generation service by
Consolidated Edison Company of New York,
Inc.
To provide an application form
*PSC-34-04-00031-P . . . . . . . . . . . . exempt Flat rate residential service by Emerald Green
Lake Louise Marie Water Company, Inc.
To set appropriate level of permanent rates
*PSC-35-04-00017-P . . . . . . . . . . . . exempt Application form for distributed generation by
Orange and Rockland Utilities, Inc.
To establish a new supplementary application
form for customers
*PSC-43-04-00016-P . . . . . . . . . . . . exempt Accounts recievable by Rochester Gas and
Electric Corporation
To include in its tariff provisions for the
purchase of ESCO accounts recievable
*PSC-46-04-00012-P . . . . . . . . . . . . exempt Service application form by Consolidated
Edison Company of New York, Inc.
To revise the form and make housekeeping
changes
*PSC-46-04-00013-P . . . . . . . . . . . . exempt Rules and guidelines governing installation of
metering equipment
To establish uniform statewide business
practices
*PSC-02-05-00006-P . . . . . . . . . . . . exempt Violation of the July 22, 2004 order by
Dutchess Estates Water Company, Inc.
To consider imposing remedial actions against
the company and its owners, officers and
directors
*PSC-09-05-00009-P . . . . . . . . . . . . exempt Submetering of natural gas service by Hamlet
on Olde Oyster Bay
To consider submetering of natural gas to a
commercial customer
*PSC-14-05-00006-P . . . . . . . . . . . . exempt Request for deferred accounting authorization
by Freeport Electric Inc.
To defer expenses beyond the end of the fiscal
year
*PSC-18-05-00009-P . . . . . . . . . . . . exempt Marketer Assignment Program by
Consolidated Edison Company of New York,
Inc.
To implement the program
*PSC-20-05-00028-P . . . . . . . . . . . . exempt Delivery point aggregation fee by Allied
Frozen Storage, Inc.
To review the calculation of the fee
*PSC-25-05-00011-P . . . . . . . . . . . . exempt Metering, balancing and cashout provisions
by Central Hudson Gas & Electric Corporation
To establish provisions for gas customers
taking service under Service Classification Nos.
8, 9 and 11
*PSC-27-05-00018-P . . . . . . . . . . . . exempt Annual reconciliation of gas costs by New
York State Electric & Gas Corporation
To consider the manner in which the gas cost
incentive mechanism has been applied
*PSC-41-05-00013-P . . . . . . . . . . . . exempt Annual reconciliation of gas expenses and
gas cost recoveries by local distribution
companies and municipalities
To consider the filings
*PSC-45-05-00011-P . . . . . . . . . . . . exempt Treatment of lost and unaccounted gas costs
by Corning Natural Gas Corporation
To defer certain costs
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
48
PUBLIC SERVICE COMMISSION
*PSC-46-05-00015-P . . . . . . . . . . . . exempt Sale of real and personal property by the
Brooklyn Union Gas Company d/b/a KeySpan
Energy Delivery New York and Steel Arrow,
LLC
To consider the sale
*PSC-47-05-00009-P . . . . . . . . . . . . exempt Transferral of gas supplies by Corning Natural
Gas Corporation
To approve the transfer
*PSC-50-05-00008-P . . . . . . . . . . . . exempt Long-term debt by Saratoga Glen Hollow
Water Supply Corp.
To obtain long-term debt
*PSC-04-06-00024-P . . . . . . . . . . . . exempt Transfer of ownership interests by Mirant NY-
Gen LLC and Orange and Rockland Utilities,
Inc.
To approve of the transfer
*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
Disclosure Program
To include an attributes accounting system
*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 &
Gas Corporation
To assess the impacts
*PSC-22-06-00021-P . . . . . . . . . . . . exempt Hourly pricing by Rochester Gas & Electric
Corporation
To assess the impacts
*PSC-22-06-00022-P . . . . . . . . . . . . exempt Hourly pricing by Consolidated Edison
Company of New York, Inc.
To assess the impacts
*PSC-22-06-00023-P . . . . . . . . . . . . exempt Hourly pricing by Orange and Rockland
Utilities, Inc.
To assess the impacts
*PSC-24-06-00005-EP . . . . . . . . . . . . exempt Supplemental home energy assistance
benefits
To extend the deadline to Central Hudson’s
low-income customers
*PSC-25-06-00017-P . . . . . . . . . . . . exempt Purchased power adjustment by Massena
Electric Department
To revise the method of calculating the
purchased power adjustment and update the
factor of adjustment
*PSC-34-06-00009-P . . . . . . . . . . . . exempt Inter-carrier telephone service quality
standards and metrics by the Carrier Working
Group
To incorporate appropriate modifications
*PSC-37-06-00015-P . . . . . . . . . . . . exempt Procedures for estimation of customer bills by
Rochester Gas and Electric Corporation
To consider estimation procedures
*PSC-37-06-00017-P . . . . . . . . . . . . exempt Procedures for estimation of customer bills by
Rochester Gas and Electric Corporation
To consider estimation procedures
*PSC-43-06-00014-P . . . . . . . . . . . . exempt Electric delivery services by Strategic Power
Management, Inc.
To determine the proper mechanism for the
rate-recovery of costs
*PSC-04-07-00012-P . . . . . . . . . . . . exempt Petition for rehearing by Orange and
Rockland Utilities, Inc.
To clarify the order
*PSC-06-07-00015-P . . . . . . . . . . . . exempt Meter reading and billing practices by Central
Hudson Gas & Electric Corporation
To continue current meter reading and billing
practices for electric service
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
49
PUBLIC SERVICE COMMISSION
*PSC-06-07-00020-P . . . . . . . . . . . . exempt Meter reading and billing practices by Central
Hudson Gas & Electric Corporation
To continue current meter reading and billing
practices for gas service
*PSC-11-07-00010-P . . . . . . . . . . . . exempt Investigation of the electric power outages by
the Consolidated Edison Company of New
York, Inc.
To implement the recommendations in the
staff’s investigation
*PSC-11-07-00011-P . . . . . . . . . . . . exempt Storm-related power outages by Consolidated
Edison Company of New York, Inc.
To modify the company’s response to power
outages, the timing for any such changes and
other related matters
*PSC-17-07-00008-P . . . . . . . . . . . . exempt Interconnection agreement between Verizon
New York Inc. and BridgeCom International,
Inc.
To amend the agreement
*PSC-18-07-00010-P . . . . . . . . . . . . exempt Existing electric generating stations by
Independent Power Producers of New York,
Inc.
To repower and upgrade existing electric
generating stations owned by Rochester Gas
and Electric Corporation
*PSC-20-07-00016-P . . . . . . . . . . . . exempt Tariff revisions and making rates permanent
by New York State Electric & Gas Corporation
To seek rehearing
*PSC-21-07-00007-P . . . . . . . . . . . . exempt Natural Gas Supply and Acquisition Plan by
Corning Natural Gas Corporation
To revise the rates, charges, rules and
regulations for gas service
*PSC-22-07-00015-P . . . . . . . . . . . . exempt Demand Side Management Program by
Consolidated Edison Company of New York,
Inc.
To recover incremental program costs and lost
revenue
*PSC-23-07-00022-P . . . . . . . . . . . . exempt Supplier, transportation, balancing and
aggregation service by National Fuel Gas
Distribution Corporation
To explicitly state in the company’s tariff that
the threshold level of elective upstream
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
York
To consider rehearing a decision establishing a
Gas Efficiency Program
*PSC-39-07-00017-P . . . . . . . . . . . . exempt Gas bill issuance charge by New York State
Electric & Gas Corporation
To create a gas bill issuance charge unbundled
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
Rockland Utilities, Inc.
To consider any energy efficiency program for
Orange and Rockland Utilities, Inc.’s electric
service
*PSC-42-07-00013-P . . . . . . . . . . . . exempt Revenue decoupling by Orange and Rockland
Utilities, Inc.
To consider a revenue decoupling mechanism
for Orange and Rockland Utilities, Inc.
*PSC-45-07-00005-P . . . . . . . . . . . . exempt Customer incentive programs by Orange and
Rockland Utilities, Inc.
To establish a tariff provision
*PSC-02-08-00006-P . . . . . . . . . . . . exempt Additional central office codes in the 315 area
code region
To consider options for making additional
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
by Central Hudson Gas & Electric Corporation
To grant easement rights to Millennium Pipeline
Company, L.L.C.
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
50
PUBLIC SERVICE COMMISSION
*PSC-04-08-00012-P . . . . . . . . . . . . exempt Marketing practices of energy service
companies by the Consumer Protection Board
and New York City Department of Consumer
Affairs
To consider modifying the commission’s
regulation over marketing practices of energy
service companies
*PSC-08-08-00016-P . . . . . . . . . . . . exempt Transfer of ownership by Entergy Nuclear
Fitzpatrick LLC, et al.
To consider the transfer
*PSC-12-08-00019-P . . . . . . . . . . . . exempt Extend the provisions of the existing electric
rate plan by Rochester Gas and Electric
Corporation
To consider the request
*PSC-12-08-00021-P . . . . . . . . . . . . exempt Extend the provisions of the existing gas rate
plan by Rochester Gas and Electric
Corporation
To consider the request
*PSC-13-08-00011-P . . . . . . . . . . . . exempt Waiver of commission policy and NYSEG
tariff by Turner Engineering, PC
To grant or deny Turner’s petition
*PSC-13-08-00012-P . . . . . . . . . . . . exempt Voltage drops by New York State Electric &
Gas Corporation
To grant or deny the petition
*PSC-23-08-00008-P . . . . . . . . . . . . exempt Petition requesting rehearing and clarification
of the commission’s April 25, 2008 order
denying petition of public utility law project
To consider whether to grant or deny, in whole
or in part, the May 7, 2008 Public Utility Law
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
selection of regulatory proposals to meet
reliability needs
To establish policies and procedures regarding
the selection of regulatory proposals to meet
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
customers access to their account information
To consider Con Edison’s implementation plan
and timetable for providing customers access
to their account information
*PSC-31-08-00025-P . . . . . . . . . . . . exempt Recovery of reasonable DRS costs from the
cost mitigation reserve (CMR)
To authorize recovery of the DRS costs from
the CMR
*PSC-32-08-00009-P . . . . . . . . . . . . exempt The ESCO referral program for KEDNY to be
implemented by October 1, 2008
To approve, reject or modify, in whole or in
part, KEDNY’s recommended ESCO referral
program
*PSC-33-08-00008-P . . . . . . . . . . . . exempt Noble Allegany’s request for lightened
regulation
To consider Noble Allegany’s request for
lightened regulation as an electric corporation
*PSC-36-08-00019-P . . . . . . . . . . . . exempt Land Transfer in the Borough of Manhattan,
New York
To consider petition for transfer of real property
to NYPH
*PSC-39-08-00010-P . . . . . . . . . . . . exempt RG&E’s economic development plan and
tariffs
Consideration of the approval of RG&E’s
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
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
51
PUBLIC SERVICE COMMISSION
*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
Gas Cost Recoveries
The filings of various LDCs and municipalities
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
York
To consider a petition for the transfer of street
lighting and attached equipment to the Village
of Avon, New York
*PSC-46-08-00010-P . . . . . . . . . . . . exempt A transfer of indirect ownership interests in
nuclear generation facilities
Consideration of approval of a transfer of
indirect ownership interests in nuclear
generation facilities
*PSC-46-08-00014-P . . . . . . . . . . . . exempt The attachment of cellular antennae to an
electric transmission tower
To approve, reject or modify the request for
permission to attach cellular antennae to an
electric transmission tower
*PSC-48-08-00005-P . . . . . . . . . . . . exempt A National Grid high efficiency gas heating
equipment rebate program
To expand eligibility to customers converting
from oil to natural gas
*PSC-48-08-00008-P . . . . . . . . . . . . exempt Petition for the master metering and
submetering of electricity
To consider the request of Bay City Metering,
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
Future of Retail Access Programs in Case
07-M-0458
To consider a Petition for rehearing of the
Commission’s October 27, 2008 Order in Case
07-M-0458
*PSC-51-08-00007-P . . . . . . . . . . . . exempt Commission’s October 27, 2008 Order in
Cases 98-M-1343, 07-M-1514 and 08-G-0078
To consider Petitions for rehearing of the
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
easements at 549-555 North Little Tor Road,
New City, NY
Transfer of permanent and temporary
easements at 549-555 North Little Tor Road,
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
Citizens/Frontier
Review and consider FCC proposed
redefinition of Citizens/Frontier service area
*PSC-02-09-00010-P . . . . . . . . . . . . exempt Competitive classification of independent local
exchange company, and regulatory relief
appropriate thereto
To determine if Chazy & Westport Telephone
Corporation more appropriately belongs in
scenario 1 rather than scenario 2
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
52
PUBLIC SERVICE COMMISSION
*PSC-05-09-00008-P . . . . . . . . . . . . exempt Revenue allocation, rate design, performance
metrics, and other non-revenue requirement
issues
To consider any remaining non-revenue
requirement issues related to the Company’s
May 9, 2008 tariff filing
*PSC-05-09-00009-P . . . . . . . . . . . . exempt Numerous decisions involving the steam
system including cost allocation, energy
efficiency and capital projects
To consider the long term impacts on steam
rates and on public policy of various options
concerning the steam system
*PSC-06-09-00007-P . . . . . . . . . . . . exempt Interconnection of the networks between
Frontier Comm. and WVT Communications
for local exchange service and exchange
access
To review the terms and conditions of the
negotiated agreement between Frontier Comm.
and WVT Comm.
*PSC-07-09-00015-P . . . . . . . . . . . . exempt Transfer certain utility assets located in the
Town of Montgomery from plant held for
future use to non-utility property
To consider the request to transfer certain
utility assets located in the Town of
Montgomery to non-utility assets
*PSC-07-09-00017-P . . . . . . . . . . . . exempt Request for authorization to defer the
incremental costs incurred in the restoration
work resulting from the ice storm
To allow the company to defer the incremental
costs incurred in the restoration work resulting
from the ice storm
*PSC-07-09-00018-P . . . . . . . . . . . . exempt Whether to permit the submetering of natural
gas service to an industrial and commercial
customer at Cooper Union, New York, NY
To consider the request of Cooper Union, to
submeter natural gas at 41 Cooper Square,
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
codes available in the 718/347 numbering
plan area
To consider options for making additional
central office codes available in the 718/347
numbering plan area
*PSC-14-09-00014-P . . . . . . . . . . . . exempt The regulation of revenue requirements for
municipal utilities by the Public Service
Commission
To determine whether the regulation of revenue
requirements for municipal utilities should be
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
exempt from the mandatory assignment of
local distribution company (LDC) capacity
Whether SUNY’s core accounts should be
exempt from the mandatory assignment of
local distribution company (LDC) capacity
*PSC-17-09-00010-P . . . . . . . . . . . . exempt Whether to permit the use of Elster REX2
solid state electric meter for use in residential
and commerical accounts
To permit electric utilities in New York State to
use the Elster REX2
*PSC-17-09-00011-P . . . . . . . . . . . . exempt Whether Brooklyn Navy Yard Cogeneration
Partners, L.P. should be reimbursed by Con
Edison for past and future use taxes
Whether Brooklyn Navy Yard Cogeneration
Partners, L.P. should be reimbursed by Con
Edison for past and future use taxes
*PSC-17-09-00012-P . . . . . . . . . . . . exempt Petition for the submetering of gas at
commercial property
To consider the request of Turner Construction,
to submeter natural gas at 550 Short Ave., &
10 South St., Governors Island, NY
*PSC-17-09-00014-P . . . . . . . . . . . . exempt Benefit-cost framework for evaluating AMI
programs prepared by the DPS Staff
To consider a benefit-cost framework for
evaluating AMI programs prepared by the DPS
Staff
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
53
PUBLIC SERVICE COMMISSION
*PSC-17-09-00015-P . . . . . . . . . . . . exempt The construction of a tower for wireless
antennas on land owned by National Grid
To approve, reject or modify the petition to
build a tower for wireless antennas in the Town
of Onondaga
*PSC-18-09-00012-P . . . . . . . . . . . . exempt Petition for rehearing of Order approving the
submetering of electricity
To consider the request of Frank Signore to
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
wireless antennas to the utility’s transmission
facilities in the City of Yonkers
To approve, reject or modify the petition for the
existing wireless antenna attachment to the
utility’s transmission tower
*PSC-20-09-00016-P . . . . . . . . . . . . exempt The recovery of, and accounting for, costs
associated with the Companies’ advanced
metering infrastructure (AMI) pilots etc
To consider a filing of the Companies as to the
recovery of, and accounting for, costs
associated with it’s AMI pilots etc
*PSC-20-09-00017-P . . . . . . . . . . . . exempt The recovery of, and accounting for, costs
associated with CHG&E’s AMI pilot program
To consider a filing of CHG&E as to the
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
River Repowering Project
To determine whether any changes are
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
in part, the petition
Whether to grant, deny, or modify, in whole or
in part, the petition
*PSC-25-09-00006-P . . . . . . . . . . . . exempt Electric utility implementation plans for
proposed web based SIR application process
and project status database
To determine if the proposed web based SIR
systems are adequate and meet requirements
needed for implementation
*PSC-25-09-00007-P . . . . . . . . . . . . exempt Electric rates for Consolidated Edison
Company of New York, Inc
Consider a Petition for Rehearing filed by
Consolidated Edison Company of New York,
Inc
*PSC-27-09-00011-P . . . . . . . . . . . . exempt Interconnection of the networks between
Vernon and tw telecom of new york I.p. for
local exchange service and exchange access.
To review the terms and conditions of the
negotiated agreement between Vernon and tw
telecom of new york I.p.
*PSC-27-09-00014-P . . . . . . . . . . . . exempt Billing and payment for energy efficiency
measures through utility bill
To promote energy conservation
*PSC-27-09-00015-P . . . . . . . . . . . . exempt Interconnection of the networks between
Oriskany and tw telecom of new york l.p. for
local exchange service and exchange access
To review the terms and conditions of the
negotiated agreement between Oriskany and
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
River Repowering Project
To determine whether any changes are
warranted in the cost allocation of Consolidated
Edison’s East River Repowering Project
*PSC-34-09-00016-P . . . . . . . . . . . . exempt Recommendations made in the Management
Audit Final Report
To consider whether to take action or
recommendations contained in the
Management Audit Final Report
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
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PUBLIC SERVICE COMMISSION
*PSC-34-09-00017-P . . . . . . . . . . . . exempt To consider the transfer of control of
Plattsburgh Cablevision, Inc. d/b/a Charter
Communications to CH Communications, LLC
To allow the Plattsburgh Cablevision, Inc. to
distribute its equity interest in CH
Communications, LLC
*PSC-36-09-00008-P . . . . . . . . . . . . exempt The increase in the non-bypassable charge
implemented by RG&E on June 1, 2009
Considering exemptions from the increase in
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
Edison steam system
To establish a mechanism for sale of customer-
generated steam to the Con Edison steam
system
*PSC-37-09-00016-P . . . . . . . . . . . . exempt Applicability of electronic signatures to
Deferred Payment Agreements
To determine whether electronic signatures can
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
Benefit Adjustments
To consider a petition to offset deferral
balances with Positive Benefit Adjustments
*PSC-40-09-00013-P . . . . . . . . . . . . exempt Uniform System of Accounts - request for
deferral and amortization of costs
To consider a petition to defer and amortize
costs
*PSC-51-09-00029-P . . . . . . . . . . . . exempt Rules and guidelines for the exchange of
retail access data between jurisdictional
utilities and eligible ESCOs
To revise the uniform Electronic Data
Interchange Standards and business practices
to incorporate a contest period
*PSC-51-09-00030-P . . . . . . . . . . . . exempt Waiver or modification of Capital Expenditure
condition of merger
To allow the companies to expend less funds
for capital improvement than required by the
merger
*PSC-52-09-00006-P . . . . . . . . . . . . exempt ACE’s petition for rehearing for an order
regarding generator-specific energy
deliverability study methodology
To consider whether to change the Order
Prescribing Study Methodology
*PSC-52-09-00008-P . . . . . . . . . . . . exempt Approval for the New York Independent
System Operator, Inc. to incur indebtedness
and borrow up to $50,000,000
To finance the renovation and construction of
the New York Independent System Operator,
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,
2009 related to redevelopment of
Consolidated Edison’s Hudson Avenue
generating facility
To reconsider the Commission’s Order of
December 17, 2009 related to redevelopment
of the Hudson Avenue generating facility
*PSC-07-10-00009-P . . . . . . . . . . . . exempt Petition to revise the Uniform Business
Practices
To consider the RESA petition to allow
rescission of a customer request to return to
full utility service
*PSC-08-10-00007-P . . . . . . . . . . . . exempt Whether to grant, deny, or modify , in whole
or in part, the rehearing petition filed in Case
06-E-0847
Whether to grant, deny, or modify , in whole or
in part, the rehearing petition filed in Case
06-E-0847
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
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PUBLIC SERVICE COMMISSION
*PSC-08-10-00009-P . . . . . . . . . . . . exempt Consolidated Edison of New York, Inc. energy
efficiency programs
To modify approved energy efficiency programs
*PSC-12-10-00015-P . . . . . . . . . . . . exempt Recommendations made by Staff intended to
enhance the safety of Con Edison’s gas
operations
To require that Con Edison implement the Staff
recommendations intended to enhance the
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
stray voltage testing requirements
Adopt additional mobile stray voltage testing
requirements
*PSC-16-10-00007-P . . . . . . . . . . . . exempt Interconnection of the networks between TDS
Telecom and PAETEC Communications for
local exchange service and exchange access
To review the terms and conditions of the
negotiated agreement between TDS Telecom
and PAETEC Communications
*PSC-16-10-00015-P . . . . . . . . . . . . exempt Interconnection of the networks between
Frontier and Choice One Communications for
local exchange service and exchange access
To review the terms and conditions of the
negotiated agreement between Frontier and
Choice One Communications
*PSC-18-10-00009-P . . . . . . . . . . . . exempt Electric utility transmission right-of-way
management practices
To consider electric utility transmission right-of-
way management practices
*PSC-19-10-00022-P . . . . . . . . . . . . exempt Whether National Grid should be permitted to
transfer a parcel of property located at 1 Eddy
Street, Fort Edward, New York
To decide whether to approve National Grid’s
request to transfer a parcel of vacant property
in Fort Edward, New York
*PSC-22-10-00006-P . . . . . . . . . . . . exempt Requirement that Noble demonstrate that its
affiliated electric corporations operating in
New York are providing safe service
Consider requiring that Noble demonstrate that
its affiliated electric corporations in New York
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
relating to voice messaging service
To remove tariff regulations relating to retail
voice messaging service from Verizon New
York Inc.’s tariff
*PSC-25-10-00012-P . . . . . . . . . . . . exempt Reassignment of the 2-1-1 abbreviated dialing
code
Consideration of petition to reassign the 2-1-1
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 &
Electric Corporation’s Enhanced Powerful
Opportunities Program
The modification of Central Hudson Gas &
Electric Corporation’s Enhanced Powerful
Opportunities Program
*PSC-34-10-00005-P . . . . . . . . . . . . exempt Approval of a contract for $250,000 in tank
repairs that may be a financing
To decide whether to approve a contract
between the parties that may be a financing of
$250,000 for tank repairs
*PSC-34-10-00006-P . . . . . . . . . . . . exempt The modification of Central Hudson Gas &
Electric Corporation’s Enhanced Powerful
Opportunities Program
The modification of Central Hudson Gas &
Electric Corporation’s Enhanced Powerful
Opportunities Program
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
56
PUBLIC SERVICE COMMISSION
*PSC-36-10-00010-P . . . . . . . . . . . . exempt Central Hudson’s procedures, terms and
conditions for an economic development plan
Consideration of Central Hudson’s procedures,
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
gas service to a commercial customer at
Quaker Crossing Mall
To permit the submetering of natural gas
service to a commercial customer at Quaker
Crossing Mall
*PSC-41-10-00018-P . . . . . . . . . . . . exempt Amount of hourly interval data provided to
Hourly Pricing customers who have not
installed a phone line to read meter
Allow Central Hudson to provide less than a
years worth of interval data and charge for
manual meter reading for some customers
*PSC-41-10-00022-P . . . . . . . . . . . . exempt Request for waiver of the individual living unit
metering requirements at 5742 Route 5,
Vernon, NY
Request for waiver of the individual living unit
metering requirements at 5742 Route 5,
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
Utility Poles
To review the complaint from Optical
Communications Group
*PSC-44-10-00003-P . . . . . . . . . . . . exempt Third and fourth stage gas rate increase by
Corning Natural Gas Corporation
To consider Corning Natural Gas Corporation’s
request for a third and fourth stage gas rate
increase
*PSC-51-10-00018-P . . . . . . . . . . . . exempt Commission proceeding concerning three-
phase electric service by all major electric
utilities
Investigate the consistency of the tariff
provisions for three-phase electric service for
all major electric utilities
*PSC-11-11-00003-P . . . . . . . . . . . . exempt The proposed transfer of 55.42 acres of land
and $1.4 million of revenues derived from the
rendition of public service
The proposed transfer of 55.42 acres of land
and $1.4 million of revenues derived from the
rendition of public service
*PSC-13-11-00005-P . . . . . . . . . . . . exempt Exclude the minimum monthly bill component
from the earnings test calculation
Exclude the minimum monthly bill component
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
the Commission’s ‘‘Power to Choose’’ website
Modify the Commission’s utility electric
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
Mohawk Power Corporation d/b/a National
Grid ‘s make ready charges
To determine if the make ready charges of
Niagara Mohawk Power Corporation d/b/a
National Grid are reasonable
*PSC-22-11-00004-P . . . . . . . . . . . . exempt Whether to permit the use of the Sensus
accWAVE for use in residential gas meter
applications
To permit gas utilities in New York State to use
the Sensus accWAVE diaphragm gas meter
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
57
PUBLIC SERVICE COMMISSION
*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
commercial property
To consider the request of by Hoosick River
Hardwoods, LLC to submeter electricity at 28
Taylor Avenue, in Berlin, New York
*PSC-26-11-00012-P . . . . . . . . . . . . exempt Waiver of generation retirement notice
requirements
Consideration of waiver of generation
retirement notice requirements
*PSC-29-11-00011-P . . . . . . . . . . . . exempt Petition requesting the Commssion reconsider
its May 19, 2011 Order and conduct a
hearing, and petition to stay said Order.
To consider whether to grant or deny, in whole
or in part, Windstream New York’s Petition For
Reconsideration and Rehearing.
*PSC-35-11-00011-P . . . . . . . . . . . . exempt Whether to permit Consolidated Edison a
waiver to commission regulations Part 226.8
Permit Consolidated Edison to conduct a
inspection program in lieu of testing the
accuracy of Category C meters
*PSC-36-11-00006-P . . . . . . . . . . . . exempt To consider expanding mobile stray voltage
testing requirements
Adopt additional mobile stray voltage testing
requirements
*PSC-38-11-00002-P . . . . . . . . . . . . exempt Operation and maintenance procedures
pertaining to steam trap caps
Adopt modified steam operation and
maintenance procedures
*PSC-38-11-00003-P . . . . . . . . . . . . exempt Waiver of certain provisions of the electric
service tariffs of Con Edison
Consideration of waiver of certain provisions of
the electric service tariffs of Con Edison
*PSC-40-11-00010-P . . . . . . . . . . . . exempt Participation of regulated local exchange
carriers in the New York Data Exchange, Inc.
(NYDE)
Whether to partially modify its order requiring
regulated local exchange carriers’ participation
NYDE
*PSC-40-11-00012-P . . . . . . . . . . . . exempt Granting of transfer of plant in-service to a
regulatory asset
To approve transfer and recovery of
unamortized plant investment
*PSC-42-11-00018-P . . . . . . . . . . . . exempt Availability of telecommunications services in
New York State at just and reasonable rates
Providing funding support to help ensure
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
as between two customer classes
Consideration of Con Edison’s proposal to
address inter-class delivery imbalances
resulting from past Company miscalculations
*PSC-48-11-00007-P . . . . . . . . . . . . exempt Transfer of controlling interests in generation
facilities from Dynegy to PSEG
Consideration of the transfer of controlling
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
revisions to its rules and measurements
To adopt revisions to various rules and
measurements of the New York State
Reliability Council
*PSC-01-12-00008-P . . . . . . . . . . . . exempt Transfer of real property and easements from
NMPNS to NMP3
Consideration of the transfer of real property
and easements from NMPNS to NMP3
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
58
PUBLIC SERVICE COMMISSION
*PSC-01-12-00009-P . . . . . . . . . . . . exempt Recovery of expenses related to the
expansion of Con Edison’s ESCO referral
program, PowerMove
To determine how and to what extent expenses
related to the Expansion of Con Edison’s
ESCO referral program should be recovered
*PSC-11-12-00002-P . . . . . . . . . . . . exempt Whether to grant, deny or modify, in whole or
part, Hegeman’s petition for a waiver of
Commission policy and Con Edison tariff
Whether to grant, deny or modify, in whole or
part, Hegeman’s petition for a waiver of
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
for the sale of goods with an original cost of
less than $100,000
To consider whether to grant, deny or modify,
in whole or in part, the petition filed by Orange
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
part, the petition for waiver of tariff Rules 8.6
and 47
Whether to grant, deny or modify, in whole or
part, the petition for waiver of tariff Rules 8.6
and 47
*PSC-23-12-00007-P . . . . . . . . . . . . exempt The approval of a financing upon a transfer to
Alliance of upstream ownership interests in a
generation facility
To consider the approval of a financing upon a
transfer to Alliance of upstream ownership
interests in a generation facility
*PSC-23-12-00009-P . . . . . . . . . . . . exempt Over earnings sharing between rate payers
and shareholders
To establish an Earnings Sharing Mechanism
to be applied following the conclusion of
Corning’s rate plan
*PSC-27-12-00012-P . . . . . . . . . . . . exempt Implementation of recommendations made in
a Management Audit Report
To consider implementation of
recommendations made in a Management
Audit Report
*PSC-28-12-00013-P . . . . . . . . . . . . exempt Exemption of reliability reporting statistics for
the purpose of the 2012 Reliability
Performance Mechanism
Consideration of Orange and Rockland Utilities
request for exemption of the 2012 reliability
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
attach to utility company poles
Consideration of Tech Valley’s ability to attach
to Central Hudson poles
*PSC-37-12-00009-P . . . . . . . . . . . . exempt Proposed modification by Con Edison of its
procedures to calculate estimated bills to its
customers
Proposed modification by Con Edison of its
procedures to calculate estimated bills to its
customers
*PSC-42-12-00009-P . . . . . . . . . . . . exempt Regulation of Gipsy Trail Club, Inc.’s long-
term financing agreements
To exempt Gipsy Trail Club, Inc. from
Commission regulation of its financing
agreements
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
59
PUBLIC SERVICE COMMISSION
*PSC-45-12-00008-P . . . . . . . . . . . . exempt Whether to grant, deny or modify, in whole or
part, ESHG’s petition for a waiver of
Commission policy and RG&E tariff
Whether to grant, deny or modify, in whole or
part, ESHG’s petition for a waiver of
Commission policy and RG&E tariff
*PSC-45-12-00010-P . . . . . . . . . . . . exempt Whether to grant, deny or modify, in whole or
in part the petition of Con Edison to grant
easements to Millwood Fire District
Whether to grant, deny or modify, in whole or
in part the petition of Con Edison to grant
easements to Millwood Fire District
*PSC-50-12-00003-P . . . . . . . . . . . . exempt Affiliate standards for Corning Natural Gas
Corporation
To resolve issues raised by Corning Natural
Gas Corporation in its petition for rehearing
*PSC-04-13-00006-P . . . . . . . . . . . . exempt Expansion of mandatory day ahead hourly
pricing for customers of Orange and Rockland
Utilities with demands above 100 kW
To consider the expansion of mandatory day
ahead hourly pricing for customers with
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
electric facilities
To ensure that applications for certain electric
transmission facilities contain pertinent
information
*PSC-08-13-00014-P . . . . . . . . . . . . exempt Uniform System of Accounts - Request for
Accounting Authorization
To allow the company to defer an item of
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
255.9221(d) completion of integrity
assessments for certain gas transmission
lines.
To determine whether a waiver of the timely
completion of certain gas transmission line
integrity assessments should be granted.
*PSC-18-13-00007-P . . . . . . . . . . . . exempt Whether Demand Energy Networks energy
storage systems should be designated
technologies for standby rate eligibility
purposes
Whether Demand Energy Networks energy
storage systems should be designated
technologies for standby rate eligibility
purposes
*PSC-21-13-00003-P . . . . . . . . . . . . exempt To consider policies that may impact
consumer acceptance and use of electric
vehicles
To consider and further develop policies that
may impact consumer acceptance and use of
electric vehicles
*PSC-21-13-00005-P . . . . . . . . . . . . exempt To implement an abandonment of Windover’s
water system
To approve the implementation of
abandonment of Windover’s water system
*PSC-21-13-00008-P . . . . . . . . . . . . exempt Rates of National Fuel Gas Distribution
Corporation
To make the rates of National Fuel Gas
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
distribution companies
To help ensure efficient and economic
expansion of the natural gas system as
appropriate
*PSC-22-13-00009-P . . . . . . . . . . . . exempt On remand from New York State court
litigation, determine the recovery of certain
deferred amounts owed NFG by ratepayers
On remand, to determine the recovery of
certain deferral amounts owed NFG from
ratepayers
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
60
PUBLIC SERVICE COMMISSION
*PSC-23-13-00005-P . . . . . . . . . . . . exempt Waiver of partial payment, directory database
distribution, service quality reporting, and
service termination regulations
Equalize regulatory treatment based on level of
competition and practical considerations
*PSC-25-13-00008-P . . . . . . . . . . . . exempt To deny, grant or modify, in whole or in part,
Central Hudson’s rehearing request.
To deny, grant or modify, in whole or in part,
Central Hudson’s rehearing request.
*PSC-25-13-00009-P . . . . . . . . . . . . exempt Provision by utilities of natural gas main and
service lines.
To help ensure efficient and economic
expansion of the natural gas system as
appropriate.
*PSC-25-13-00012-P . . . . . . . . . . . . exempt To deny, grant or modify, in whole or in part,
Central Hudson’s rehearing request.
To deny, grant or modify, in whole or in part,
Central Hudson’s rehearing request.
*PSC-27-13-00014-P . . . . . . . . . . . . exempt Columbia Gas Transmission Corporation Cost
Refund
For approval for temporary waiver of tariff
provisions regarding its Columbia Gas
Transmission Corporation cost refund.
*PSC-28-13-00014-P . . . . . . . . . . . . exempt Provision for the recovery and allocation of
costs of transmission projects that reduce
congestion on certain interfaces
To consider the recovery and allocation of
costs of transmission projects that reduce
congestion on certain interfaces
*PSC-28-13-00016-P . . . . . . . . . . . . exempt The request of NGT for lightened regulation
as a gas corporation.
To consider whether to approve, reject, or
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
requiring that natural gas be odorized in
certain gathering line segments
Consider the request by TE for waiver of
regulations that gas be odorized in certain lines
*PSC-32-13-00009-P . . . . . . . . . . . . exempt To consider the definition of ‘‘misleading or
deceptive conduct’’ in the Commission’s
Uniform Business Practices
To consider the definition of ‘‘misleading or
deceptive conduct’’ in the Commission’s
Uniform Business Practices
*PSC-32-13-00012-P . . . . . . . . . . . . exempt To consider whether NYSEG should be
required to undertake actions to protect its
name and to minimize customer confusion
To consider whether NYSEG should be
required to undertake actions to protect its
name and to minimize customer confusion
*PSC-33-13-00027-P . . . . . . . . . . . . exempt Waive underground facility requirements for
new construction in residential subdivisions to
allow for overhead electric lines.
Determine whether Chapin Lumberland, LLC
subdivision will be allowed overhead electric
distribution and service lines.
*PSC-33-13-00029-P . . . . . . . . . . . . exempt Deferral of incremental costs associated with
the restoration of steam service following
Superstorm Sandy.
To consider a petition by Con Edison to defer
certain incremental steam system restoration
costs relating to Superstorm Sandy.
*PSC-34-13-00004-P . . . . . . . . . . . . exempt Escrow account and surcharge to fund
extraordinary repairs
To approve the establishment of an escrow
account and surcharge
*PSC-42-13-00013-P . . . . . . . . . . . . exempt Failure to Provide Escrow Information The closure of the Escrow Account
*PSC-42-13-00015-P . . . . . . . . . . . . exempt Failure to Provide Escrow Information The closure of the Escrow Account
*PSC-43-13-00015-P . . . . . . . . . . . . exempt Petition for submetering of electricity To consider the request of 2701 Kingsbridge
Terrace L.P. to submeter electricity at 2701
Kingsbridge Terrace, Bronx, N.Y.
*PSC-45-13-00021-P . . . . . . . . . . . . exempt Investigation into effect of bifurcation of gas
and electric utility service on Long Island.
To consider a Petition for an investigation into
effect of bifurcation of gas and electric utility
service on Long Island.
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*PSC-45-13-00022-P . . . . . . . . . . . . exempt Waiver of PSC regulations, 16 NYCRR
section 88.4(a)(4)
To consider a waiver of certain regulations
relating to the content of an application for
transmission line siting
*PSC-45-13-00023-P . . . . . . . . . . . . exempt Waiver of PSC regulations, 16 NYCRR
section 88.4(a)(4).
To consider a waiver of certain regulations
relating to the content of an application for
transmission line siting
*PSC-45-13-00024-P . . . . . . . . . . . . exempt Waiver of PSC regulations, 16 NYCRR
section 88.4(a)(4); waiver of filing deadlines.
To consider a waiver of certain regulations
relating to the content of an application for
transmission line siting
*PSC-45-13-00025-P . . . . . . . . . . . . exempt Waiver of PSC regulations, 16 NYCRR
section 88.4(a)(4).
To consider a waiver of certain regulations
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
purchase of services by NYSEG and RG&E
from certain affiliates.
Consideration of conditioning,restricting or
prohibiting the purchase of services by NYSEG
and RG&E from certain affiliates.
*PSC-49-13-00008-P . . . . . . . . . . . . exempt Authorization to transfer all of Crystal Water
Supply Company, Inc. stocks to Essel Infra
West Inc.
To allow Crystal Water Supply Company, Inc to
transfer all of its issued and outstanding stocks
to Essel Infra West Inc.
*PSC-51-13-00009-P . . . . . . . . . . . . exempt Consolidated Edison proposing to use data
from a test period ending September 30,
2013 to support its next rate filing.
To ensure there is a reasonable basis for data
submitted in support of a request for a change
in rates.
*PSC-51-13-00010-P . . . . . . . . . . . . exempt Consolidated Edison proposing to use data
from a test period ending September 30,
2013 to support its next rate filing.
To ensure there is a reasonable basis for data
submitted in support of a request for a change
in rates.
*PSC-51-13-00011-P . . . . . . . . . . . . exempt Consolidated Edison proposing to use data
from a test period ending September 30,
2013 to support its next rate filing.
To ensure there is a reasonable basis for data
submitted in support of a request for a change
in rates.
*PSC-52-13-00012-P . . . . . . . . . . . . exempt The development of reliability contingency
plan(s) to address the potential retirement of
Indian Point Energy Center (IPEC).
To address the petition for rehearing and
reconsideration/motion for clarification of the
IPEC reliability contingency plan(s).
*PSC-52-13-00015-P . . . . . . . . . . . . exempt To enter into a loan agreement with the banks
for up to an amount of $94,000.
To consider allowing Knolls Water Company to
enter into a long-term loan agreement.
*PSC-05-14-00010-P . . . . . . . . . . . . exempt The New York State Reliability Council’s
revisions to its rules and measurements
To adopt revisions to various rules and
measurements of the New York State
Reliability Council
*PSC-07-14-00008-P . . . . . . . . . . . . exempt Petition for submetering of electricity To consider the request of Greater Centennial
Homes HDFC, Inc. to submeter electricity at
102, 103 and 106 W 5th Street, et al.
*PSC-07-14-00012-P . . . . . . . . . . . . exempt Water rates and charges Implementation of Long-Term Water Supply
Surcharge to recover costs associated with the
Haverstraw Water Supply Project
*PSC-08-14-00015-P . . . . . . . . . . . . exempt Verizon New York Inc.’s service quality and
Customer Trouble Report Rate (CTRR) levels
at certain central office entities
To improve Verizon New York Inc.’s service
quality andthe Customer Trouble Report Rate
levels at certain central office entities
NYS Register/May 11, 2022Action Pending Index
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*PSC-10-14-00006-P . . . . . . . . . . . . exempt Actions to facilitate the availability of ESCO
value-added offerings, ESCO eligibility and
ESCO compliance
To facilitate ESCO value-added offerings and to
make changes to ESCO eligibility and to
ensure ESCO compliance
*PSC-11-14-00003-P . . . . . . . . . . . . exempt Provision for the recovery and allocation of
costs of transmission projects that reduce
congestion on certain interfaces
To consider the recovery and allocation of
costs of transmission projects that reduce
congestion on certain interfaces
*PSC-16-14-00014-P . . . . . . . . . . . . exempt Whether to order NYSEG to provide gas
service to customers when an expanded
CPCN is approved and impose PSL 25-a
penalties.
To order gas service to customers in the Town
of Plattsburgh after approval of a town wide
CPCN and to impose penalties.
*PSC-16-14-00015-P . . . . . . . . . . . . exempt Whether Central Hudson should be permitted
to defer obligations of the Order issued on
October 18, 2013 in Case 13-G-0336.
Consideration of the petition by Central Hudson
to defer reporting obligations of the October 18,
2013 Order in Case 13-G-0336
*PSC-17-14-00003-P . . . . . . . . . . . . exempt Con Edison’s Report on its 2013 performance
under the Electric Service Reliability
Performance Mechanism
Con Edison’s Report on its 2013 performance
under the Electric Service Reliability
Performance Mechanism
*PSC-17-14-00004-P . . . . . . . . . . . . exempt To consider certain portions of petitions for
rehearing, reconsideration and/or clarification
To consider certain portions of petitions for
rehearing, reconsideration and/or clarification
*PSC-17-14-00007-P . . . . . . . . . . . . exempt To consider petitions for rehearing,
reconsideration and/or clarification
To consider petitions for rehearing,
reconsideration and/or clarification
*PSC-17-14-00008-P . . . . . . . . . . . . exempt To consider certain portions of petitions for
rehearing, reconsideration and/or clarification
To consider certain portions of petitions for
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
accuWAVE for use in residential and
commercial gas meter applications
To permit gas utilities in New York State to use
the Sensus accuWAVE 415TC gas meter
*PSC-22-14-00013-P . . . . . . . . . . . . exempt Petition to transfer and merge systems,
franchises and assets.
To consider the Comcast and Time Warner
Cable merger and transfer of systems,
franchises and assets.
*PSC-23-14-00010-P . . . . . . . . . . . . exempt Whether to permit the use of the GE Dresser
Series B3-HPC 11M-1480 rotary gas met for
use in industrial gas meter applications
To permit gas utilities in New York State to use
the GE Dresser Series B3-HPC 11M-1480
rotary gas meter
*PSC-23-14-00014-P . . . . . . . . . . . . exempt Waiver of the negative revenue adjustment
associated with KEDLI’s 2013 Customer
Satisfaction Performance Metric
Consideration of KEDLI’s waiver request
pertaining to its 2013 performance under its
Customer Satisfaction Metric
*PSC-24-14-00005-P . . . . . . . . . . . . exempt To examine LDC’s performance and
performance measures.
To improve gas safety performance.
*PSC-26-14-00013-P . . . . . . . . . . . . exempt Waiver of RG&E’s tariffed definition of
emergency generator.
To consider waiver of RG&E’s tariffed definition
of emergency generator.
*PSC-26-14-00020-P . . . . . . . . . . . . exempt New electric utility backup service tariffs and
standards for interconnection may be
adopted.
To encourage development of microgrids that
enhance the efficiency, safety, reliability and
resiliency of the electric grid.
*PSC-26-14-00021-P . . . . . . . . . . . . exempt Consumer protections, standards and
protocols pertaining to access to customer
data may be established.
To balance the need for the information
necessary to support a robust market with
customer privacy concerns.
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*PSC-28-14-00014-P . . . . . . . . . . . . exempt Petition to transfer systems, franchises and
assets.
To consider the Comcast and Charter transfer
of systems, franchise and assets.
*PSC-30-14-00023-P . . . . . . . . . . . . exempt Whether to permit the use of the Sensus
iPERL Fire Flow Meter.
Pursuant to 16 NYCRR Part 500.3 , it is
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
electricity.
Considering the request of Renaissance
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
outstanding stock from Vincent Cross to
Bonnie and Michael Cross
To transfer 100% of the issued and outstanding
stock from Vincent Cross to Bonnie and
Michael Cross
*PSC-32-14-00012-P . . . . . . . . . . . . exempt Whether to grant or deny, in whole or in part,
the Connect New York Coalition’s petition
To consider the Connect New York Coalition’s
petition seeking a formal investigation and
hearings
*PSC-35-14-00004-P . . . . . . . . . . . . exempt Regulation of a proposed electricity
generation facility located in the Town of
Brookhaven, NY
To consider regulation of a proposed electricity
generation facility located in the Town of
Brookhaven, NY
*PSC-35-14-00005-P . . . . . . . . . . . . exempt Whether to permit the use of the Sensus
iConA electric meter
Pursuant to 16 NYCRR Parts 92 and 93,
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
Safety Standards.
To consider revisions to the Commission’s
Electric Safety Standards.
*PSC-38-14-00003-P . . . . . . . . . . . . exempt Whether to approve, reject or modify, in whole
or in part a time-sensitive rate pilot program.
Whether to approve, reject or modify, in whole
or in part a time-sensitive rate pilot program.
*PSC-38-14-00004-P . . . . . . . . . . . . exempt The study and petition of Con Edison
regarding use, accounting and ratemaking
treatment for 11-23 and 2-28 Hudson Ave.
Brooklyn.
The study and petition of Con Edison regarding
use, accounting and ratemaking treatment for
11-23 and 2-28 Hudson Ave. Brooklyn.
*PSC-38-14-00005-P . . . . . . . . . . . . exempt Action on the report and petition of Con
Edison regarding the Storm Hardening and
Resiliency Collaborative, Phase 2.
Action on the report and petition of Con Edison
regarding the Storm Hardening and Resiliency
Collaborative, Phase 2.
*PSC-38-14-00007-P . . . . . . . . . . . . exempt Whether to expand Con Edison’s low income
program to include Medicaid recipients.
Whether to expand Con Edison’s low income
program to include Medicaid recipients.
*PSC-38-14-00008-P . . . . . . . . . . . . exempt The study and petition of Con Edison
regarding use, accounting and ratemaking
treatment for 11-23 and 2-28 Hudson Ave.
Brooklyn.
The study and petition of Con Edison regarding
use, accounting and ratemaking treatment for
11-23 and 2-28 Hudson Ave. Brooklyn.
*PSC-38-14-00010-P . . . . . . . . . . . . exempt Inter-carrier telephone service quality
standard and metrics and administrative
changes.
To review recommendations from the Carrier
Working Group and incorporate appropriate
modifications to the existing Guidelines.
*PSC-38-14-00012-P . . . . . . . . . . . . exempt Action on the report and petition of Con
Edison regarding the Storm Hardening and
Resiliency Collaborative, Phase 2.
Action on the report and petition of Con Edison
regarding the Storm Hardening and Resiliency
Collaborative, Phase 2.
*PSC-39-14-00020-P . . . . . . . . . . . . exempt Whether to permit the use of the Mueller
Systems 400 Series and 500 Series of water
meters
Pursuant to 16 NYCRR section 500.3, whether
to permit the use of the Mueller Systems 400,
and 500 Series of water meters
NYS Register/May 11, 2022Action Pending Index
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*PSC-40-14-00008-P . . . . . . . . . . . . exempt To consider granting authorization for Buy
Energy Direct to resume marketing to
residential customers.
To consider granting authorization for Buy
Energy Direct to resume marketing to
residential customers.
*PSC-40-14-00009-P . . . . . . . . . . . . exempt Whether to permit the use of the Itron Open
Way Centron Meter with Hardware 3.1 for
AMR and AMI functionality.
Pursuant to 16 NYCRR Parts 93, is necessary
to permit the use of the Itron Open Way
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
and related facilities located in the Town of
Ticonderoga, NY.
To consider regulation of a proposed natural
gas pipeline and related facilities located in the
Town of Ticonderoga, NY.
*PSC-40-14-00014-P . . . . . . . . . . . . exempt Waiver of 16 NYCRR Sections 894.1 through
894.4(b)(2)
To allow the Town of Goshen, NY, to waive
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
Gas Cost Recoveries
The filings of various LDCs and municipalities
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
in Staff’ s electric outage investigation report
for MNRR, New Haven Line.
To consider the recommendations contained in
Staff’s electric outage investigation report for
MNRR, New Haven Line.
*PSC-52-14-00019-P . . . . . . . . . . . . exempt Petition for a waiver to master meter
electricity.
Considering the request of 614 South Crouse
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-08-15-00010-P . . . . . . . . . . . . exempt Request pertaining to the lawfulness of
National Grid USA continuing its summary
billing program.
To grant, deny, or modify URAC Rate
Consultants’ request that National Grid cease
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
Major Rate Proceedings and provide authority
to file tariff changes
Whether to waive Policy on Test Periods in
Major Rate Proceedings and provide authority
to file tariff changes
*PSC-13-15-00024-P . . . . . . . . . . . . exempt Whether Leatherstocking should be permitted
to recover a shortfall in earnings
To decide whether to approve
Leatherstocking’s request to recover a shortfall
in earnings
*PSC-13-15-00026-P . . . . . . . . . . . . exempt Whether to permit the use of the Sensus
Smart Point Gas AMR/AMI product
To permit the use of the Sensus Smart Point
Gas AMR/AMI product
NYS Register/May 11, 2022 Action Pending Index
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PUBLIC SERVICE COMMISSION
*PSC-13-15-00027-P . . . . . . . . . . . . exempt Whether to permit the use of the Measurlogic
DTS 310 electric submeter
To permit the use of the Measurlogic DTS 310
submeter
*PSC-13-15-00028-P . . . . . . . . . . . . exempt Whether to permit the use of the SATEC
EM920 electric meter
To permit necessary to permit the use of the
SATEC EM920 electric meter
*PSC-13-15-00029-P . . . . . . . . . . . . exempt Whether to permit the use the Triacta Power
Technologies 6103, 6112, 6303, and 6312
electric submeters
To permit the use of the Triacta submeters
*PSC-17-15-00007-P . . . . . . . . . . . . exempt To consider the petition of Leatherstocking
Gas Company, LLC seeking authority to issue
long-term debt of $2.75 million
To consider the petition of Leatherstocking Gas
Company, LLC seeking authority to issue long-
term debt of $2.75 million
*PSC-18-15-00005-P . . . . . . . . . . . . exempt Con Edison’s Report on its 2014 performance
under the Electric Service Reliability
Performance Mechanism
Con Edison’s Report on its 2014 performance
under the Electric Service Reliability
Performance Mechanism
*PSC-19-15-00011-P . . . . . . . . . . . . exempt Gas Safety Performance Measures and
associated negative revenue adjustments
To update the performance measures
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
individual residential unit meter requirements
and 16 NYCRR 96.1(a)
To consider the request for waiver of the
individual residential unit meter requirements
and 16 NYCRR 96.1(a)
*PSC-23-15-00005-P . . . . . . . . . . . . exempt The modification of New York American
Water’s current rate plan
Whether to adopt the terms of the Joint
Proposal submitted by NYAW and DPS Staff
*PSC-23-15-00006-P . . . . . . . . . . . . exempt The modification of New York American
Water’s current rate plan
Whether to adopt the terms of the Joint
Proposal submitted by NYAW and DPS Staff
*PSC-25-15-00008-P . . . . . . . . . . . . exempt Notice of Intent to Submeter electricity. To consider the request of 165 E 66
Residences, LLC to submeter electricity at 165
East 66th Street, New York, New York.
*PSC-29-15-00025-P . . . . . . . . . . . . exempt Joint Petition for authority to transfer real
property located at 624 West 132nd Street,
New York, NY
Whether to authorize the proposed transfer of
real property located at 624 West 132nd Street,
New York, NY
*PSC-32-15-00006-P . . . . . . . . . . . . exempt Development of a Community Solar
Demonstration Project.
To approve the development of a Community
Solar Demonstration Project.
*PSC-33-15-00009-P . . . . . . . . . . . . exempt Remote net metering of a demonstration
community net metering program.
To consider approval of remote net metering of
a demonstration community net metering
program.
*PSC-33-15-00012-P . . . . . . . . . . . . exempt Remote net metering of a Community Solar
Demonstration Project.
To consider approval of remote net metering of
a Community Solar Demonstration Project.
*PSC-34-15-00021-P . . . . . . . . . . . . exempt Petition by NYCOM requesting assistance
with obtaining information on CLECs and
ESCOs
To consider the petition by NYCOM requesting
assistance with obtaining information on
CLECs and ESCOs
*PSC-35-15-00014-P . . . . . . . . . . . . exempt Consideration of consequences against Light
Power & Gas, LLC for violations of the UBP
To consider consequences against Light Power
& 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
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*PSC-40-15-00014-P . . . . . . . . . . . . exempt Whether to permit the use of the Open Way
3.5 with cellular communications
To consider the use of the Open Way 3.5
electric meter, pursuant to 16 NYCRR Parts 92
and 93
*PSC-42-15-00006-P . . . . . . . . . . . . exempt Deferral of incremental expenses associated
with NERC’s new Bulk Electric System (BES)
compliance requirements approved by FERC.
Consideration of Central Hudson’s request to
defer incremental expenses associated with
new BES compliance requirements.
*PSC-44-15-00028-P . . . . . . . . . . . . exempt Deferral of incremental expenses associated
with new compliance requirements
Consideration of Central Hudson’s request to
defer incremental expenses associated with
new compliance requirements
*PSC-47-15-00013-P . . . . . . . . . . . . exempt Whitepaper on Implementing Lightened
Ratemaking Regulation.
Consider Whitepaper on Implementing
Lightened Ratemaking Regulation.
*PSC-48-15-00011-P . . . . . . . . . . . . exempt Proposal to retire Huntley Units 67 and 68 on
March 1, 2016.
Consider the proposed retirement of Huntley
Units 67 and 68.
*PSC-50-15-00006-P . . . . . . . . . . . . exempt The reduction of rates. To consider the reduction of rates charged by
Independent Water Works, Inc.
*PSC-50-15-00009-P . . . . . . . . . . . . exempt Notice of Intent to submeter electricity. To consider the request to submeter electricity
at 31-33 Lincoln Road and 510 Flatbush
Avenue, Brooklyn, New York.
*PSC-51-15-00010-P . . . . . . . . . . . . exempt Modification of the EDP To consider modifying the EDP
*PSC-01-16-00005-P . . . . . . . . . . . . exempt Proposed amendment to Section 5,
Attachment 1.A of the Uniform Business
Practices
To consider amendment to Section 5,
Attachment 1.A of the Uniform Business
Practices
*PSC-04-16-00007-P . . . . . . . . . . . . exempt Whether Hamilton Municipal Utilities should
be permitted to construct and operate a
municipal gas distribution facility.
Consideration of the petition by Hamilton
Municipal Utilities to construct and operate a
municipal gas distribution facility.
*PSC-04-16-00012-P . . . . . . . . . . . . exempt Proposal to mothball three gas turbines
located at the Astoria Gas Turbine Generating
Station.
Consider the proposed mothball of three gas
turbines located at the Astoria Gas Turbine
Generating Station.
*PSC-04-16-00013-P . . . . . . . . . . . . exempt Proposal to find that three gas turbines
located at the Astoria Gas Turbine Generating
Station are uneconomic.
Consider whether three gas turbines located at
the Astoria Gas Turbine Generating Station are
uneconomic.
*PSC-06-16-00013-P . . . . . . . . . . . . exempt Continued deferral of approximately
$16,000,000 in site investigation and
remediation costs.
To consider the continued deferral of
approximately $16,000,000 in site investigation
and remediation costs.
*PSC-06-16-00014-P . . . . . . . . . . . . exempt MEGA’s proposed demonstration CCA
program.
To consider MEGA’s proposed demonstration
CCA program.
*PSC-14-16-00008-P . . . . . . . . . . . . exempt Resetting retail markets for ESCO mass
market customers.
To ensure consumer protections with respect to
residential and small non-residential ESCO
customers.
*PSC-18-16-00013-P . . . . . . . . . . . . exempt Amendments to the Uniform Business
Practices of ESCOs.
To ensure consumer protection for ESCO
customers.
*PSC-18-16-00014-P . . . . . . . . . . . . exempt Amendments to the Uniform Business
Practices of ESCOs.
To ensure consumer protection for ESCO
customers.
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*PSC-18-16-00015-P . . . . . . . . . . . . exempt Petitions for rehearing of the Order Resetting
Retail Energy Markets and Establishing
Further Process.
To ensure consumer protections for ESCO
customers.
*PSC-18-16-00016-P . . . . . . . . . . . . exempt Amendments to the Uniform Business
Practices of ESCOs.
To ensure consumer protection for ESCO
customers.
*PSC-18-16-00018-P . . . . . . . . . . . . exempt Amendments to the Uniform Business
Practices of ESCOs.
To ensure consumer protection for ESCO
customers.
*PSC-20-16-00008-P . . . . . . . . . . . . exempt Consideration of consequences against
Global Energy Group, LLC for violations of
the Uniform Business Practices (UBP).
To consider consequences against Global
Energy Group, LLC for violations of the
Uniform Business Practices (UBP).
*PSC-20-16-00010-P . . . . . . . . . . . . exempt Deferral and recovery of incremental
expense.
To consider deferring costs of conducting leak
survey and repairs for subsequent recovery.
*PSC-20-16-00011-P . . . . . . . . . . . . exempt Enetics LD-1120 Non-Intrusive Load
Monitoring Device in the Statewide
Residential Appliance Metering Study.
To consider the use of the Enetics LD-1120
Non-Intrusive Load Monitoring Device.
*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
of customer personally identifiable information
until 2018.
To extend the time period between the
Companies’ third-party assessments of
customer personally identifiable information.
*PSC-25-16-00025-P . . . . . . . . . . . . exempt Acquisition of all water supply assets of
Woodbury Heights Estates Water Co., Inc. by
the Village of Kiryas Joel.
To consider acquisition of all water supply
assets of Woodbury Heights Estates Water
Co., Inc. by the Village of Kiryas Joel.
*PSC-25-16-00026-P . . . . . . . . . . . . exempt Use of the Badger E Series Ultrasonic Cold
Water Stainless Steel Meter, in residential fire
service applications.
To consider the use of the Badger E Series
Ultrasonic Cold Water Stainless Steel Meter in
fire service applications.
*PSC-28-16-00017-P . . . . . . . . . . . . exempt A petition for rehearing of the Order Adopting
a Ratemaking and Utility Revenue Model
Policy Framework.
To determine appropriate rules for and
calculation of the distributed generation
reliability credit.
*PSC-29-16-00024-P . . . . . . . . . . . . exempt Participation of NYPA customers in
surcharge-funded clean energy programs.
To consider participation of NYPA customers in
surcharge-funded clean energy programs.
*PSC-32-16-00012-P . . . . . . . . . . . . exempt Benefit-Cost Analysis Handbooks. To evaluate proposed methodologies of benefit-
cost evaluation.
*PSC-33-16-00001-EP . . . . . . . . . . . . exempt Use of escrow funds for repairs. To authorize the use of escrow account funds
for repairs.
*PSC-33-16-00005-P . . . . . . . . . . . . exempt Exemption from certain charges for delivery of
electricity to its Niagara Falls, New York
facility.
Application of System Benefits Charges,
Renewable Portfolio Standard charges and
Clean Energy Fund surcharges.
*PSC-35-16-00015-P . . . . . . . . . . . . exempt NYSRC’s revisions to its rules and
measurements
To consider revisions to various rules and
measurements of the NYSRC
*PSC-36-16-00004-P . . . . . . . . . . . . exempt Recovery of costs for installation of electric
service.
To consider the recovery of costs for
installation of electric service.
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*PSC-40-16-00025-P . . . . . . . . . . . . exempt Consequences pursuant to the Commission’s
Uniform Business Practices (UBP).
To consider whether to impose consequences
on Smart One for its apparent non-compliance
with Commission requirements.
*PSC-47-16-00009-P . . . . . . . . . . . . exempt Petition to use commercial electric meters To consider the petition of Itron, Inc. to use the
Itron CP2SO and CP2SOA in commercial
electric meter applications
*PSC-47-16-00010-P . . . . . . . . . . . . exempt Standby Service rate design To consider the report filed and the
recommendations therein
*PSC-47-16-00013-P . . . . . . . . . . . . exempt Standby Service rate design To consider the report filed and the
recommendations therein
*PSC-47-16-00014-P . . . . . . . . . . . . exempt Standby Service rate design To consider the report filed and the
recommendations therein
*PSC-47-16-00016-P . . . . . . . . . . . . exempt Standby Service rate design To consider the report filed and the
recommendations therein
*PSC-02-17-00010-P . . . . . . . . . . . . exempt Implementation of the four EAMs. To consider the implementation of EAMs for
RG&E.
*PSC-02-17-00012-P . . . . . . . . . . . . exempt Implementation of the four EAMs. To consider the implementation of EAMs for
NYSEG.
*PSC-18-17-00024-P . . . . . . . . . . . . exempt A petition for rehearing or reconsideration of
the Order Addressing Public Policy
Transmission Need for AC Transmission
Upgrades
To determine whether Public Policy
Transmission Need/Public Policy Requirements
continue to exist.
*PSC-18-17-00026-P . . . . . . . . . . . . exempt Revisions to the Dynamic Load Management
surcharge.
To consider revisions to the Dynamic Load
Management surcharge.
*PSC-19-17-00004-P . . . . . . . . . . . . exempt NYAW’s request to defer and amortize, for
future rate recognition, pension settlement
payout losses incurred in 2016.
Consideration of NYAW’s petition to defer and
amortize, for future rate recognition, pension
payour losses incurred in 2016.
*PSC-20-17-00008-P . . . . . . . . . . . . exempt Compressed natural gas as a motor fuel for
diesel fueled vehicles.
To consider a report filed by National Grid NY
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
diesel fueled vehicles.
To consider a report filed by National Grid
regarding the potential for adoption of
compressed natural gas as a motor fuel.
*PSC-21-17-00013-P . . . . . . . . . . . . exempt The establishment and implementation of
Earnings Adjustment Mechanisms.
To consider the establishment and
implementation of Earnings Adjustment
Mechanisms.
*PSC-21-17-00018-P . . . . . . . . . . . . exempt Proposed agreement for the provision of
water service by Saratoga Water Services,
Inc.
To consider a waiver and approval of terms of
a service agreement.
*PSC-22-17-00004-P . . . . . . . . . . . . exempt Financial incentives to create customer
savings and develop market-enabling tools,
with a focus on outcomes and incentives
To consider the proposed Interconnection
Survey Process and Earnings Adjustment
Mechanisms
*PSC-24-17-00006-P . . . . . . . . . . . . exempt Development of the Utility Energy Registry. Improved data access.
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*PSC-26-17-00005-P . . . . . . . . . . . . exempt Notice of Intent to submeter electricity. To consider the Notice of Intent to submeter
electricity at 125 Waverly Street, Yonkers, New
York.
*PSC-34-17-00011-P . . . . . . . . . . . . exempt Waiver to permit Energy Cooperative of
America to serve low-income customers
To consider the petition for a waiver
*PSC-37-17-00005-P . . . . . . . . . . . . exempt Financial incentives to create customer
savings and develop market-enabling tools,
with a focus on outcomes and incentives.
To consider the revised Interconnection Survey
Process and Earnings Adjustment
Mechanisms.
*PSC-39-17-00011-P . . . . . . . . . . . . exempt Whether to direct New York State Electric &
Gas to complete electric facility upgrades at
no charge to Hanehan.
To determine financial responsibility between
NYSEG and Hanehan for the electric service
upgrades to Hanehan.
*PSC-42-17-00010-P . . . . . . . . . . . . exempt Petition for rehearing of negative revenue
adjustment and contents of annual
Performance Report.
To consider NFGD’s petition for rehearing.
*PSC-48-17-00015-P . . . . . . . . . . . . exempt Low Income customer options for affordable
water bills.
To consider the Low Income Bill Discount
and/or Energy Efficiency Rebate Programs.
*PSC-50-17-00017-P . . . . . . . . . . . . exempt New Wave Energy Corp.’s petition for
rehearing.
To consider the petition for rehearing filed by
New Wave Energy Corp.
*PSC-50-17-00018-P . . . . . . . . . . . . exempt Application of the Public Service Law to DER
suppliers.
To determine the appropriate regulatory
framework for DER suppliers.
*PSC-50-17-00019-P . . . . . . . . . . . . exempt Transfer of utility property. To consider the transfer of utility property.
*PSC-50-17-00021-P . . . . . . . . . . . . exempt Disposition of tax refunds and other related
matters.
To consider the disposition of tax refunds and
other related matters.
*PSC-51-17-00011-P . . . . . . . . . . . . exempt Petition for recovery of certain costs related to
the implementation of a Non-Wires Alternative
Project.
To consider Con Edison’s petition for the
recovery of costs for implementing the JFK
Project.
*PSC-04-18-00005-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To consider the notice of intent of Montante/
Morgan Gates Circle LLC to submeter
electricity.
*PSC-05-18-00004-P . . . . . . . . . . . . exempt Lexington Power’s ZEC compliance
obligation.
To promote and maintain renewable and zero-
emission electric energy resources.
*PSC-06-18-00012-P . . . . . . . . . . . . exempt To consider further proposed amendments to
the original criteria to grandfathering
established in the Transition Plan
To modify grandfathering criteria
*PSC-06-18-00017-P . . . . . . . . . . . . exempt Merger of NYAW and Whitlock Farms Water
Corp.
To consider the merger of NYAW and Whitlock
Farms Water Company into a single corporate
entity
*PSC-07-18-00015-P . . . . . . . . . . . . exempt The accuracy and reasonableness of National
Grid’s billing for certain interconnection
upgrades.
To consider AEC’s petition requesting
resolution of their billing dispute with National
Grid.
*PSC-11-18-00004-P . . . . . . . . . . . . exempt New York State Lifeline Program. To consider TracFone’s petition seeking
approval to participate in Lifeline.
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*PSC-13-18-00015-P . . . . . . . . . . . . exempt Eligibility of an ESCO to market to and enroll
residential customers.
To consider whether Astral should be allowed
to market to and enroll residential customers
following a suspension.
*PSC-13-18-00023-P . . . . . . . . . . . . exempt Reconciliation of property taxes. To consider NYAW’s request to reconcile
property taxes.
*PSC-14-18-00006-P . . . . . . . . . . . . exempt Petition for abandonment To consider the abandonment of Willsboro Bay
Water Company’s water system
*PSC-17-18-00010-P . . . . . . . . . . . . exempt Petition for use of gas metering equipment. To ensure that consumer bills are based on
accurate measurements of gas usage.
*PSC-18-18-00009-P . . . . . . . . . . . . exempt Transfer of control of Keene Valley Video Inc. To ensure performance in accordance with
applicable cable laws, regulations and
standards and the public interest
*PSC-23-18-00006-P . . . . . . . . . . . . exempt Whether to impose consequences on Aspirity
for its non-compliance with Commission
requirements.
To ensure the provision of safe and adequate
energy service at just and reasonable rates.
*PSC-24-18-00013-P . . . . . . . . . . . . exempt Implementation of program rules for
Renewable Energy Standard and ZEC
requirements.
To promote and maintain renewable and zero-
emission electric energy resources.
*PSC-28-18-00011-P . . . . . . . . . . . . exempt Storm Hardening Collaborative Report. To ensure safe and adequate gas service.
*PSC-29-18-00008-P . . . . . . . . . . . . exempt Participation in Targeted Accessibility Fund To encourage enhanced services for low-
income consumers
*PSC-29-18-00009-P . . . . . . . . . . . . exempt Overvaluing real property tax expense
recovery in water rates
To prevent unjust and unreasonable water
rates
*PSC-34-18-00015-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and energy efficiency protections are in place.
*PSC-34-18-00016-P . . . . . . . . . . . . exempt Deferral of pre-staging and mobilization storm
costs.
To ensure just and reasonable rates for
ratepayers and utility recovery of unexpected,
prudently incurred costs.
*PSC-35-18-00003-P . . . . . . . . . . . . exempt Con Edison’s 2018 DSIP and BCA Handbook
Update.
To continue Con Edison’s transition to a
modern utility serving as a Distributed System
Platform Provider.
*PSC-35-18-00005-P . . . . . . . . . . . . exempt NYSEG and RG&E’s 2018 DSIP and BCA
Handbook Update.
To continue NYSEG and RG&E’s transition to
modern utilities acting as Distributed System
Platform Providers.
*PSC-35-18-00006-P . . . . . . . . . . . . exempt National Grid’s 2018 DSIP and BCA
Handbook Update.
To continue National Grid’s transition to a
modern utility serving as a Distributed System
Platform Provider.
*PSC-35-18-00008-P . . . . . . . . . . . . exempt Central Hudson’s 2018 DSIP and BCA
Handbook Update.
To continue Central Hudson’s transition to a
modern utility serving as a Distributed System
Platform Provider.
*PSC-35-18-00010-P . . . . . . . . . . . . exempt O&R’s 2018 DSIP and BCA Handbook
Update.
To continue O&R’s transition to a modern utility
acting as a Distributed System Platform
Provider.
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*PSC-39-18-00005-P . . . . . . . . . . . . exempt Participation in New York State Lifeline
Program.
To encourage enhanced services for low-
income customers.
*PSC-40-18-00014-P . . . . . . . . . . . . exempt Annual Reconciliation of Gas Expenses and
Gas Cost Recoveries.
To review the gas utilities’ reconciliation of Gas
Expenses and Gas Cost Recoveries for 2018.
*PSC-42-18-00011-P . . . . . . . . . . . . exempt Voluntary residential beneficial electrification
rate design.
To provide efficient rate design for beneficial
technologies in New York State that is
equitable for all residential customers.
*PSC-42-18-00013-P . . . . . . . . . . . . exempt Petition for clarification and rehearing of the
Smart Solutions Program Order.
To address the increased demand for natural
gas in the Con Edison’s service territory and
the limited pipeline capacity.
*PSC-44-18-00016-P . . . . . . . . . . . . exempt Petition for approval of gas metering
equipment.
To ensure that customer bills are based on
accurate measurements of gas usage.
*PSC-45-18-00005-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity and
waiver of energy audit
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place
*PSC-01-19-00013-P . . . . . . . . . . . . exempt Order of the Commission related to caller ID
unblocking.
To require telephone companies to unblock
caller ID on calls placed to the 311 municipal
call center in Suffolk County.
*PSC-03-19-00002-P . . . . . . . . . . . . exempt DPS Staff White Paper for who must be
trained in 16 NYCRR Part 753 requirements
and how the Commission will approve
trainings.
To reduce damage to underground utility
facilities by requiring certain training and
approving training curricula.
*PSC-04-19-00004-P . . . . . . . . . . . . exempt Con Edison’s petition for the Gas Innovation
Program and associated budget.
To pursue programs that continue service
reliability and meet customer energy needs
while aiding greenhouse gas reduction goals.
*PSC-04-19-00011-P . . . . . . . . . . . . exempt Update of revenue targets. To ensure NYAW’s rates are just and
reasonable and accurately reflect the needed
revenues.
*PSC-06-19-00005-P . . . . . . . . . . . . exempt Consideration of the Joint Utilities’ proposed
BDP Program.
To to expand opportunities for low-income
households to participate in Community
Distributed Generation (CDG) projects.
*PSC-07-19-00009-P . . . . . . . . . . . . exempt Whether to impose consequences on AAA for
its non-compliance with Commission
requirements.
To insure the provision of safe and adequate
energy service at just and reasonable rates.
*PSC-07-19-00016-P . . . . . . . . . . . . exempt Participation in New York State Lifeline
Program.
To encourage enhanced services for low-
income customers.
*PSC-09-19-00010-P . . . . . . . . . . . . exempt Non-pipeline alternatives report
recommendations.
To consider the terms and conditions
applicable to gas service.
*PSC-12-19-00004-P . . . . . . . . . . . . exempt To test innovative pricing proposals on an opt-
out basis.
To provide pricing structures that deliver
benefits to customers and promote beneficial
electrification technologies.
*PSC-13-19-00010-P . . . . . . . . . . . . exempt New Commission requirements for gas
company operator qualification programs.
To make pipelines safer with improved training
of workers who perform construction and
repairs on natural gas facilities.
*PSC-19-19-00013-P . . . . . . . . . . . . exempt Proposed merger of three water utilities into
one corporation.
To determine if the proposed merger is in the
public interest.
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*PSC-20-19-00008-P . . . . . . . . . . . . exempt Reporting on energy sources To ensure accurate reporting and encourage
clean energy purchases
*PSC-20-19-00010-P . . . . . . . . . . . . exempt Compensation policies for certain CHP
projects
To consider appropriate rules for compensation
of certain CHP resources
*PSC-31-19-00013-P . . . . . . . . . . . . exempt Implementation of Statewide Energy
Benchmarking.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
*PSC-32-19-00012-P . . . . . . . . . . . . exempt Standby Service Rates and Buyback Service
Rates
To ensure just and reasonable rates, including
compensation, for distributed energy resources
*PSC-38-19-00002-P . . . . . . . . . . . . exempt Petition to submeter electricity To ensure adequate submetering equipment
and consumer protections are in place
*PSC-39-19-00018-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
*PSC-41-19-00003-P . . . . . . . . . . . . exempt A voluntary residential three-part rate that
would include fixed, usage and demand
charges.
To provide qualifying residential customers with
an optional three-part rate.
*PSC-46-19-00008-P . . . . . . . . . . . . exempt Wappingers Falls Hydroelectric LLC’s facility
located in Wappingers Falls, New York.
To promote and maintain renewable electric
energy resources.
*PSC-46-19-00010-P . . . . . . . . . . . . exempt To test innovative rate designs on an opt-out
basis.
To implement alternative innovative rate
designs intended to assess customer behaviors
in response to price signals
*PSC-08-20-00003-P . . . . . . . . . . . . exempt PSC regulation 16 NYCRR § § 86.3(a)(2) and
86.3(b)(2).
To consider a waiver of certain regulations
relating to the content of an application for
transmission line siting.
*PSC-10-20-00003-P . . . . . . . . . . . . exempt The Commission’s statewide low-income
discount policy.
To consider modifications to certain conditions
regarding utility low-income discount programs.
*PSC-12-20-00008-P . . . . . . . . . . . . exempt Delivery rates of Corning Natural Gas
Corporation.
Whether to postpone the implementation of a
change in rates that would otherwise become
effective on June 1, 2020.
*PSC-15-20-00011-P . . . . . . . . . . . . exempt To modify the terms and conditions under
which gas utilities provide service to electric
generators.
To provide clarity and uniformity to the
provision of gas service to electric generators.
*PSC-16-20-00004-P . . . . . . . . . . . . exempt Disposition of a state sales tax refund. To determine how much of a state sales tax
refund should be retained by Central Hudson.
*PSC-18-20-00012-P . . . . . . . . . . . . exempt The purchase price of electric energy and
capacity from customers with qualifying on-
site generation facilities.
To revise the price to be paid by the Company
under Service Classification No. 10. for
qualifying purchases of unforced capacity
*PSC-18-20-00015-P . . . . . . . . . . . . exempt Participation of Eligible Telecommunications
Carriers (ETCs) in New York State Lifeline
Program.
Commission will consider each petition filed by
an ETCs seeking approval to participate in the
NYS Lifeline program.
*PSC-19-20-00004-P . . . . . . . . . . . . exempt Clarification of the Order Adopting Changes to
the Retail Access Energy Market and
Establishing Further Process.
To consider whether energy service companies
should be permitted to bank RECs to satisfy
their renewable energy requirements.
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*PSC-19-20-00005-P . . . . . . . . . . . . exempt Cost recovery associated with Day-Ahead-
DLM and Auto-DLM programs, and
elimination of double compensation.
To provide cost recovery for new DLM
programs and prevent double compensation to
participating customers.
*PSC-19-20-00009-P . . . . . . . . . . . . exempt Cost recovery associated with Day-Ahead-
DLM and Auto-DLM programs, and
elimination of double compensation.
To consider revisions to P.S.C. No. 10 -
Electricity, and P.S.C. No. 12 - Electricity.
*PSC-25-20-00010-P . . . . . . . . . . . . exempt Whitepaper regarding energy service
company financial assurance requirements.
To consider the form and amount of financial
assurances to be included in the eligibility
criteria for energy service companies.
*PSC-25-20-00016-P . . . . . . . . . . . . exempt Modifications to the Low-Income Affordability
program.
To address the economic impacts of the
COVID-19 pandemic.
*PSC-27-20-00003-P . . . . . . . . . . . . exempt To make the uniform statewide customer
satisfaction survey permanent.
To encourage consumer protections and safe
and adequate service.
*PSC-28-20-00022-P . . . . . . . . . . . . exempt Compensation of distributed energy
resources.
To ensure just and reasonable rates, including
compensation, for distributed energy resources.
*PSC-28-20-00034-P . . . . . . . . . . . . exempt Petition to implement Section 7(5) of the
Accelerated Renewable Energy Growth and
Community Benefit Act
To develop the bulk transmission investments
necessary to achieve the Climate Leadership
and Community Protection Act goals
*PSC-34-20-00005-P . . . . . . . . . . . . exempt Petition to provide a renewable, carbon-free
energy option to residential and small
commercial full-service customers.
To increase customer access to renewable
energy in the Consolidated Edison Company of
New York, Inc. service territory.
*PSC-38-20-00004-P . . . . . . . . . . . . exempt The annual Reconciliation of Gas Expenses
and Gas Cost Recoveries.
To consider filings of LDCs and municipalities
regarding their Annual Reconciliation of Gas
Expenses and Gas Cost Recoveries.
*PSC-42-20-00008-P . . . . . . . . . . . . exempt Availability of gas leak information to the
public safety officials.
Facilitate availability of gas leak information to
public safety officials by gas corporations.
*PSC-43-20-00003-P . . . . . . . . . . . . exempt The use of $50 million to support residential
and commercial customers experiencing
financial hardship
To consider whether the proposed support of
ratepayers is in the public interest
*PSC-45-20-00003-P . . . . . . . . . . . . exempt Petition to submeter electricity To ensure adequate submetering equipment
and consumer protections are in place
*PSC-46-20-00005-P . . . . . . . . . . . . exempt The recommendations of the DPS Staff report
to improve Hudson Valley Water’s service.
To determine if approving the DPS Staff’s
recommendations is in the public interest.
*PSC-48-20-00005-P . . . . . . . . . . . . exempt Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market and
Establishing Further Process.
To consider whether Chief Energy Power, LLC
should be permitted to offer green gas products
to mass market customers.
*PSC-48-20-00007-P . . . . . . . . . . . . exempt Tariff modifications to change National Fuel
Gas Distribution Corporation’s Monthly Gas
Supply Charge provisions.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
*PSC-51-20-00009-P . . . . . . . . . . . . exempt Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market and
Establishing Further Process.
To consider whether petitioner should be
permitted to offer its ‘‘Energy Savings
Program’’ to mass market customers.
*PSC-51-20-00014-P . . . . . . . . . . . . exempt Electric system needs and compensation for
distributed energy resources.
To ensure safe and adequate service and just
and reasonable rates, including compensation,
for distributed energy resources.
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*PSC-01-21-00004-P . . . . . . . . . . . . exempt Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market and
Establishing Further Process.
To consider whether petitioner should be
permitted to offer its Home Warranty product to
mass market customers.
*PSC-02-21-00006-P . . . . . . . . . . . . exempt Disposition of a sales tax refund received by
New York American Water, Inc.
To determine the disposition of tax refunds and
other related matters.
*PSC-04-21-00016-P . . . . . . . . . . . . exempt Request for a waiver. To consider whether good cause exists to
support a waiver of the Commission’s Test
Period Policy Statement.
*PSC-06-21-00009-P . . . . . . . . . . . . exempt Disposition of a property tax refund received
by New York American Water, Inc.
To determine the disposition of tax refunds and
other related matters.
*PSC-09-21-00002-P . . . . . . . . . . . . exempt Gas moratorium procedures To consider procedures and criteria to minimize
customer hardships in the unlikely event of a
future gas moratorium
*PSC-09-21-00005-P . . . . . . . . . . . . exempt Utility capital expenditure proposal. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
*PSC-09-21-00006-P . . . . . . . . . . . . exempt Long-term gas system planning. To consider a process to review gas
distribution utilities’ long-term system planning.
*PSC-13-21-00016-P . . . . . . . . . . . . exempt Revised distribution strategies and
reallocation of remaining funding.
To ensure the appropriate use of funding
reserved for gas safety programs.
*PSC-16-21-00007-P . . . . . . . . . . . . exempt Accounting-related rules for utilities
implementing the Integrated Energy Data
Resource.
To consider cost recovery of capital
expenditures and budget allocations of costs
between affiliated companies.
*PSC-17-21-00005-P . . . . . . . . . . . . exempt Submetering equipment. To consider use of submetering equipment and
if it is in the public interest.
*PSC-17-21-00006-P . . . . . . . . . . . . exempt Community Choice Aggregation and
Community Distributed Generation.
To consider permitting opt-out Community
Distributed Generation to be offered as the sole
product in an aggregation.
*PSC-17-21-00007-P . . . . . . . . . . . . exempt Utility studies of climate change
vulnerabilities.
To assess the need for utilities to conduct
distinct studies of their climate change
vulnerabilities.
*PSC-18-21-00004-P . . . . . . . . . . . . exempt Community Choice Aggregation programs. To modify and improve Community Choice
Aggregation programs in New York State.
*PSC-18-21-00006-P . . . . . . . . . . . . exempt Community Choice Aggregation renewable
products.
To consider waiving the locational and delivery
requirements for RECs purchased to support
renewable CCA products.
*PSC-18-21-00008-P . . . . . . . . . . . . exempt RG&E’s Economic Development Programs
and exemption from funding limits.
To consider RG&E to grant up to $5.25 million
in ED funding to Project Block to the benefit of
ratepayers.
PSC-19-21-00008-P . . . . . . . . . . . . exempt Community Choice Aggregation (CCA) and
Community Distributed Generation (CDG).
To consider permitting Upstate Power, LLC to
serve as a CCA administrator offering an opt-
out CDG focused program.
PSC-20-21-00004-P . . . . . . . . . . . . exempt Regulatory approvals in connection with a
437 MW electric generating facility.
To ensure appropriate regulatory review,
oversight, and action, consistent with the public
interest.
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PSC-21-21-00012-P . . . . . . . . . . . . exempt Petition for the use of gas metering
equipment.
To ensure that consumer bills are based on
accurate measurements of gas usage.
PSC-21-21-00015-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-21-21-00019-P . . . . . . . . . . . . exempt Utility capital expenditure proposal. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-22-21-00008-P . . . . . . . . . . . . exempt Cost allocation for project(s) to meet a Public
Policy Transmission Need/Public Policy
Requirement.
To address the cost allocation methodology for
use by the New York Independent System
Operator, Inc. (NYISO).
PSC-25-21-00005-P . . . . . . . . . . . . exempt Transfer of Penelec assets and franchise
rights.
To consider the transfer of utility assets and
franchise to be in Waverly ratepayer and public
interest.
PSC-26-21-00010-P . . . . . . . . . . . . exempt Proposed acquisition of all shares of common
stock of Corning Natural Gas Holding
Corporation by ACP Crotona Corp.
To consider whether the acquisition of all
shares of common stock of CNGH by ACP
Crotona Corp. is in the public interest.
PSC-26-21-00011-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-28-21-00012-P . . . . . . . . . . . . exempt Transfer of ownership interests in a 55
megawatt natural gas-fired cogeneration
facility located in North Tonawanda, NY.
To address the proposed transfer and any
matters within the public interest.
PSC-28-21-00013-P . . . . . . . . . . . . exempt Elimination of internal audits of wholesale
performance metrics.
To consider Verizon New York Inc.’s petition to
eliminate requirements for certain internal
audits.
PSC-28-21-00015-P . . . . . . . . . . . . exempt Proposals for active and passive managed
charging programs for mass market EV
customers.
To shift EV charging to moderate grid impacts
and customer costs.
PSC-29-21-00004-P . . . . . . . . . . . . exempt Exemptions from utility standby rates for
efficient combined heat and power projects.
To determine whether utility standby rate
exemptions should be continued.
PSC-29-21-00009-P . . . . . . . . . . . . exempt Proposed pilot program to use AMI to
disconnect electric service to customers
during gas system emergencies.
To study the efficacy of using AMI to
disconnect electric service during gas system
emergencies.
PSC-30-21-00006-P . . . . . . . . . . . . exempt NYSERDA proposal regarding Clean Energy
Standard backstop collection processes.
To ensure that NYSERDA has sufficient funds
to make timely payments to generators
pursuant to the Clean Energy Standard.
PSC-32-21-00002-P . . . . . . . . . . . . exempt The prohibition on ESCO service to low-
income customers.
To consider whether Icon Energy, LLC d/b/a
Source Power Company should be granted a
waiver to serve low-income customers.
PSC-32-21-00003-P . . . . . . . . . . . . exempt Exemptions from utility standby rates for
certain designated or environmentally
advantageous technologies.
To harmonize standby rate exemptions
statewide.
PSC-33-21-00008-P . . . . . . . . . . . . exempt Establishment of a Tapping and Connection
Fee.
To consider whether the proposed fees are in
the public interest.
PSC-33-21-00009-P . . . . . . . . . . . . exempt Banking of credits and switching between
Community Distributed Generation and
Remote Crediting projects.
To ensure just and reasonable rates charged to
customers.
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PSC-34-21-00004-P . . . . . . . . . . . . exempt CDG subscriber eligibility requirements. To consider modifications to the CDG program
eligibility requirements for certain Standby
Service customers.
PSC-34-21-00006-P . . . . . . . . . . . . exempt Staff recommendations to address the
financial impacts of the COVID-19 pandemic.
To consider measures to provide relief to those
financially impacted by the COVID-19
pandemic.
PSC-35-21-00004-P . . . . . . . . . . . . exempt Major gas rate filing. To consider a proposed increase in Corning’s
gas delivery revenues of approximately $5.8
million (20.4% in total revenues).
PSC-35-21-00009-P . . . . . . . . . . . . exempt To modify the terms and conditions under
which gas utilities provide service to electric
generators.
To provide clarity and uniformity to the
provision of gas service to electric generators
in New York State.
PSC-36-21-00006-P . . . . . . . . . . . . exempt The Westchester Power Program. To consider integration of Opt-out Community
Distributed Generation into the Westchester
Power program.
PSC-36-21-00007-P . . . . . . . . . . . . exempt Pension settlement payout losses incurred in
2020.
Consideration of NYAW’s petition to defer and
amortize, for future rate recognition, pension
payout losses incurred in 2020.
PSC-37-21-00009-P . . . . . . . . . . . . exempt Procedures necessary to implement Tax Law
Section 187-q.
To establish procedures by which eligible utility-
taxpayers can have the amounts of certain
waived customer arrears certified.
PSC-37-21-00010-P . . . . . . . . . . . . exempt Zero emitting electric generating facilities that
are not renewable energy systems.
To consider modifications to the Clean Energy
Standard.
PSC-37-21-00011-P . . . . . . . . . . . . exempt Green Button Connect implementation. To consider the proposed Green Button
Connect User Agreement and Green Button
Connect Onboarding Process document.
PSC-37-21-00012-P . . . . . . . . . . . . exempt Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market and
Establishing Further Process.
To consider whether Catalyst should be
permitted to offer its Community Distributed
Generation product to mass market customers.
PSC-37-21-00014-P . . . . . . . . . . . . exempt Consideration of Time Warner Cable
Information Services (New York)’s Revised
Implementation Plan and audit
recommendations.
To ensure that recommendations issued in a
management and operations audit are
appropriately addressed and implemented.
PSC-38-21-00006-P . . . . . . . . . . . . exempt Annual Reconciliation of Gas Expenses and
Gas Cost Recoveries.
To consider filings of LDCs and municipalities
regarding their Annual Reconciliation of Gas
Expenses and Gas Cost Recoveries.
PSC-38-21-00007-P . . . . . . . . . . . . exempt Electric metering equipment. To consider use of electric submeter and
ensure that consumer bills will be based on
accurate measurements of electric usage.
PSC-39-21-00006-P . . . . . . . . . . . . exempt Minor electric rate filing to increase annual
electric revenues.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-39-21-00007-P . . . . . . . . . . . . exempt The proposed alternative method of account
identification.
To facilitate secure customer data exchanges
between the utility or provider and energy
service entities.
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PSC-40-21-00017-P . . . . . . . . . . . . exempt The Commission’s Order Adopting Utility
Energy Registry Modifications
To determine if the Commission committed
errors of law or fact in its Order, or if new facts
warrant a different result.
PSC-43-21-00008-P . . . . . . . . . . . . exempt Incremental demand side management
programs.
To consider proposed demand side
management programs and cost recovery.
PSC-44-21-00010-P . . . . . . . . . . . . exempt Petition to enter a long term loan agreement
and to institute a surcharge for recovery.
To determine if the issuance of long term debt
and a surcharge mechanism for recovery is in
the public interest.
PSC-44-21-00012-P . . . . . . . . . . . . exempt Disposition of a New York State tax refund. To determine the disposition of a tax refund
obtained by New York American Water
Company, Inc.
PSC-44-21-00014-P . . . . . . . . . . . . exempt Development of distribution and local
transmission in accordance with the AREGCB
Act.
To support distribution and local transmission
investments necessary to achieve the the
State’s climate goals.
PSC-46-21-00014-P . . . . . . . . . . . . exempt Waiver of tariff rules and a related
Commission regulation.
To consider whether a waiver of tariff rules and
a Commission regulation are just and
reasonable and in the public interest.
PSC-47-21-00003-P . . . . . . . . . . . . exempt Utility processes for customers to consent to
sharing data with third parties and how
consent options will be communicated.
To develop standardized consent requirements
that will increase customer familiarity with
appropriate data sharing and access.
PSC-47-21-00005-P . . . . . . . . . . . . exempt Utility processes for customers to consent to
sharing data with third parties and how
consent options will be communicated.
To develop standardized consent requirements
that will increase customer familiarity with
appropriate data sharing and access.
PSC-48-21-00007-P . . . . . . . . . . . . exempt Verizon’s Performance Assurance Plan. To consider whether to retire the Performance
Assurance Plan.
PSC-50-21-00005-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity and
request for waiver.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-50-21-00006-P . . . . . . . . . . . . exempt Implementation of the Host Community
Benefit Program.
To consider the proposed administration and
implementation related to disbursement of
customer bill credits.
PSC-50-21-00008-P . . . . . . . . . . . . exempt Implementation of the Host Community
Benefit Program.
To consider the proposed administration and
implementation related to disbursement of
customer bill credits.
PSC-50-21-00011-P . . . . . . . . . . . . exempt Implementation of the Host Community
Benefit Program.
To consider the proposed administration and
implementation related to disbursement of
customer bill credits.
PSC-50-21-00012-P . . . . . . . . . . . . exempt Implementation of the Host Community
Benefit Program.
To consider the proposed administration and
implementation related to disbursement of
customer bill credits.
PSC-51-21-00010-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity To ensure adequate submetering equipment
and consumer protections are in place
PSC-52-21-00006-P . . . . . . . . . . . . exempt Proposed tariff revisions to the Companies
firm demand response programs for the 2021-
2022 season.
To effectuate more efficient firm gas demand
response programs to gain operational
efficiency and shave peak demand.
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PSC-52-21-00008-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-52-21-00009-P . . . . . . . . . . . . exempt Authorization to recover costs for 19
transmission projects and related
mechanisms.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-01-22-00012-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity and
request for waiver.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-01-22-00013-P . . . . . . . . . . . . exempt Interconnection costs. To consider a petition requesting relief from
interconnection costs assigned by the
interconnecting utility.
PSC-01-22-00015-P . . . . . . . . . . . . exempt Petition to enter into a lease agreement and
impose a surcharge.
To consider entry into a lease agreement and
to impose a surcharge.
PSC-01-22-00016-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity and
request for waiver.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-01-22-00017-P . . . . . . . . . . . . exempt Establishment of the regulatory regime
applicable to a renewable natural gas project.
To ensure appropriate regulation of a new gas
corporation.
PSC-02-22-00004-P . . . . . . . . . . . . exempt Electric system needs and compensation for
distributed energy resources.
To ensure safe and adequate service and just
and reasonable rates, including compensation,
for distributed energy resources.
PSC-02-22-00005-P . . . . . . . . . . . . exempt The electric utilities’ 2022 Electric Emergency
Response Plans.
To consider the adequacy of the proposed
2022 Electric Emergency Response Plans.
PSC-02-22-00006-P . . . . . . . . . . . . exempt Green gas products. To consider whether to extend the waiver
permitting Family Energy, Inc. to serve existing
customers on a green gas product.
PSC-02-22-00007-P . . . . . . . . . . . . exempt Proposed changes to Rider Z - SC 1
Innovative Pricing Pilot and Rider AA - SC 2
Innovative Pricing Pilot.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences
PSC-03-22-00003-P . . . . . . . . . . . . exempt Proposal by electric utilities on a revised
benefit cost analysis method.
To support distribution and local transmission
investments necessary to achieve the the
State’s clean energy and climate goals.
PSC-03-22-00004-P . . . . . . . . . . . . exempt Proposal by electric utilities on a coordinated
electric grid planning process.
To support distribution and local transmission
investments necessary to achieve the the
State’s clean energy and climate goals.
PSC-04-22-00002-P . . . . . . . . . . . . exempt Con Edison’s petition for specific non-pipeline
alternative projects.
To provide for continued service reliability and
to meet customer energy needs while
addressing greenhouse gas reduction goals.
PSC-04-22-00003-P . . . . . . . . . . . . exempt Proposed sale of real property. To determine if the proposed sale of real
property is in the public interest.
PSC-04-22-00004-P . . . . . . . . . . . . exempt Extension of the State Universal Service
Fund.
To continue to provide universal service at a
reasonable rate in certain service territories.
PSC-04-22-00005-P . . . . . . . . . . . . exempt Petition to continue development and recover
the costs of 23 local transmission projects.
To ensure safe and adequate service at just
and reasonable rates and to support the
State’s clean energy and climate goals.
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PSC-05-22-00001-P . . . . . . . . . . . . exempt Green gas products. To consider an extension of the waiver
permitting energy service companies to serve
existing customers on green gas products.
PSC-05-22-00002-P . . . . . . . . . . . . exempt Notification concerning tax refunds. To consider Verizon New York Inc.’s request to
retain a portion of a property tax refund.
PSC-05-22-00003-P . . . . . . . . . . . . exempt Green gas products. To consider an extension of the waiver
permitting energy service companies to serve
existing customers on a green gas product.
PSC-05-22-00004-P . . . . . . . . . . . . exempt Initial Tariff Schedule. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-05-22-00005-P . . . . . . . . . . . . exempt Disposition of a garbage and refuse tax
refund.
To determine the disposition of tax refunds and
other related matters.
PSC-05-22-00006-P . . . . . . . . . . . . exempt Green gas products. To consider an extension of the waiver
permitting energy service companies to serve
existing customers on a green gas product.
PSC-06-22-00009-P . . . . . . . . . . . . exempt Waiver of tariff rules and a related
Commission regulation.
To consider whether a waiver of tariff rules and
a Commission regulation are just and
reasonable and in the public interest.
PSC-06-22-00010-P . . . . . . . . . . . . exempt Tariff rate modifications for PASNY Delivery
Service.
To implement just and reasonable rates for
distributed energy resources.
PSC-06-22-00011-P . . . . . . . . . . . . exempt Green gas products. To consider whether to extend the waiver
permitting American Power & Gas to serve
existing customers on a green gas product.
PSC-06-22-00012-P . . . . . . . . . . . . exempt Retainment of property tax refunds. To consider Verizon New York Inc.’s request to
retain a portion of a property tax refund.
PSC-06-22-00013-P . . . . . . . . . . . . exempt The Commission’s Order Adopting Changes
to the Retail Access Energy Market and
Establishing Further Process.
To consider whether to extend the date to
comply with the CES locational and delivery
requirements when purchasing RECs.
PSC-06-22-00014-P . . . . . . . . . . . . exempt The regulatory regime applicable to a solar
electric generating facility.
To ensure appropriate regulation of a new
electric corporation.
PSC-07-22-00007-P . . . . . . . . . . . . exempt Minor electric rate filing to increase annual
electric revenues.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-07-22-00008-P . . . . . . . . . . . . exempt Transfer of street lighting facilities. To determine whether to authorize the transfer
street of lighting facilities and the proper
accounting for the transaction.
PSC-07-22-00009-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity and
request for waiver of 16 NYCRR § 96.5(k)(3).
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-08-22-00002-P . . . . . . . . . . . . exempt Issuance of securities and other forms of
indebtedness.
To provide funding for capital needs, including
construction, and refinancing of maturing debt.
PSC-08-22-00003-P . . . . . . . . . . . . exempt Electric metering equipment. To consider the use of equipment and ensure
that consumer bills will be based on accurate
measurements of electric usage.
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PSC-08-22-00004-P . . . . . . . . . . . . exempt Debt financing arrangement. To review the proposed financing and consider
whether it is within the public interest.
PSC-08-22-00005-P . . . . . . . . . . . . exempt Transfer of street lighting facilities. To determine whether to authorize the transfer
street of lighting facilities and the proper
accounting for the transaction.
PSC-08-22-00006-P . . . . . . . . . . . . exempt Establishment of a lightened regulatory
regime applicable to a battery storage project.
To ensure appropriate regulation of an electric
corporation.
PSC-09-22-00006-P . . . . . . . . . . . . exempt Assessment of the need of the project for the
the provision of safe and adequate service at
just and reasonable rates.
To determine whether the project is necessary
and whether the utility can begin cost recovery
through a surcharge mechanism.
PSC-09-22-00007-P . . . . . . . . . . . . exempt Green gas products. To consider whether to extend the waiver
permitting Viridian Energy PA, LLC to serve
existing customers on a green gas product.
PSC-09-22-00008-P . . . . . . . . . . . . exempt Green gas products. To consider whether to extend the waiver
permitting Just Energy New York to serve
existing customers on a green gas product.
PSC-09-22-00009-P . . . . . . . . . . . . exempt Establishing an alternative recovery
mechanism for certain types of fees.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-09-22-00010-P . . . . . . . . . . . . exempt Green gas products. To consider whether to extend the waiver
permitting Alpha Gas & Electric to serve
existing customers on a green gas product.
PSC-09-22-00011-P . . . . . . . . . . . . exempt Establishing an alternative recovery
mechanism for certain types of fees.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-09-22-00012-P . . . . . . . . . . . . exempt Proposals to implement an Electric Vehicle
Make Ready Surcharge for Street Lighting
Customers.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-10-22-00011-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity and
request for waiver.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-10-22-00012-P . . . . . . . . . . . . exempt Transfer of street lighting facilities. To determine whether to authorize the transfer
street of lighting facilities and the proper
accounting for the transaction.
PSC-10-22-00013-P . . . . . . . . . . . . exempt Agreement for the provision of water service
and waivers.
To consider whether the terms of a service
agreement and requested waivers are in the
public interest.
PSC-10-22-00014-P . . . . . . . . . . . . exempt Amendments to Outdoor Gas Lighting tariff
provisions.
To eliminate the outdated provisions
concerning the use of natural gas for
decorative outdoor lighting.
PSC-10-22-00015-P . . . . . . . . . . . . exempt To assign certain easement interests and to
transfer certain Central Hudson’s property to
Transco.
To consider whether the easement interests
and transfer of certain Central Hudson property
to Transco is in the public interest.
PSC-10-22-00016-P . . . . . . . . . . . . exempt Amendments to Outdoor Gas Lighting tariff
provisions.
To eliminate the outdated provisions
concerning the use of natural gas for
decorative outdoor lighting.
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PSC-11-22-00012-P . . . . . . . . . . . . exempt Policies, budgets, and targets to support
space and water heating electrification
programs.
To consider revised budgets and targets for
Con Edison’s New York Clean Heat Program.
PSC-11-22-00013-P . . . . . . . . . . . . exempt Modifications to the budget and application to
disadvantaged communities, limits of plugs
per station, and funding levels.
Increase electric vehicle charging infrastructure
in disadvantaged communities and other
locations.
PSC-12-22-00006-P . . . . . . . . . . . . exempt Electric metering equipment. To consider use of electric metering equipment
and ensure consumer bills are based on
accurate measurements of electric usage.
PSC-12-22-00007-P . . . . . . . . . . . . exempt Expanded Solar For All Program for low-
income customers.
To consider the appropriate design of an opt-
out community solar program for low-income
customers.
PSC-12-22-00008-P . . . . . . . . . . . . exempt Establishing an alternative recovery
mechanism for certain types of fees.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-12-22-00009-P . . . . . . . . . . . . exempt Linemen expenses shortfall for October 2020
to September 2021.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-12-22-00010-P . . . . . . . . . . . . exempt Proposed major rate increase in Liberty
SLG’s gas revenues.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-12-22-00011-P . . . . . . . . . . . . exempt Proposed filing clarifying provisions under the
Excelsior Jobs Program.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-13-22-00006-P . . . . . . . . . . . . exempt Proposed major rate increase in Con Edison’s
delivery revenues of approximately $500
million (or 18.2% in total revenues).
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-13-22-00007-P . . . . . . . . . . . . exempt Issuance of securities and other forms of
indebtedness.
To provide funding for the construction of utility
plant, refinancing maturing debt and other
capital needs.
PSC-13-22-00008-P . . . . . . . . . . . . exempt Pole attachment rates. To provide just and reasonable pole attachment
rates.
PSC-13-22-00009-P . . . . . . . . . . . . exempt Proposed major rate increase in Con Edison’s
delivery revenues of approximately $1.2
billion (or 11.2% in total revenues).
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-13-22-00010-P . . . . . . . . . . . . exempt Petition for waiver of the requirements of
Opinion No. 76-17 and 16 NYCRR Part 96
regarding individual metering of living units.
To determine whether to authorize the waiver
request while ensuring consumer and energy
efficiency protections are in place.
PSC-13-22-00011-P . . . . . . . . . . . . exempt Positive revenue adjustments associated with
emergency response, damage prevention and
leak management for 2020.
To consider a rehearing petition.
PSC-13-22-00012-P . . . . . . . . . . . . exempt Issuance of securities and other forms of
indebtedness.
To provide funding for the construction of utility
plant, refinancing maturing debt and other
capital needs.
PSC-13-22-00013-P . . . . . . . . . . . . exempt Pole attachment rates. To provide just and reasonable pole attachment
rates.
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PSC-13-22-00014-P . . . . . . . . . . . . exempt Petition to develop and construct local
transmission projects and to allocate and
defer associated costs.
To ensure safe and adequate service at just
and reasonable rates and to support the
State’s clean energy and climate goals.
PSC-14-22-00007-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity and
waiver request.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-14-22-00008-P . . . . . . . . . . . . exempt An opt-out community distributed generation
program.
To establish the program rules for offering
community distributed generation on and opt-
out basis in New York State.
PSC-14-22-00009-P . . . . . . . . . . . . exempt Establishment of the regulatory regime
applicable to a solar electric generating and
battery storage facility.
To ensure appropriate regulation of a new
electric corporation.
PSC-15-22-00002-P . . . . . . . . . . . . exempt Consider Staff Proposal on definitions and
procedures for customers to receive credits
and reimbursements.
To ensure customers receive credits and
reimbursements paid by the utility for service
outages..
PSC-15-22-00003-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-15-22-00004-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-15-22-00005-P . . . . . . . . . . . . exempt Transfer of street lighting facilities. To consider the transfer of street lighting
facilities to the Town of Wallkill.
PSC-16-22-00007-P . . . . . . . . . . . . exempt Transfer of street lighting facilities. To consider the transfer of street lighting
facilities to the Town of Sand Lake.
PSC-17-22-00001-P . . . . . . . . . . . . exempt Review of proposed modifications/
adjustments to RDMs.
To clarify and correct Central Hudson’s RDM
for certain service classifications.
PSC-17-22-00002-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity and
waiver request.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-17-22-00003-P . . . . . . . . . . . . exempt A debt financing arrangement with respect to
a proposed solar generating facility.
To consider the requested financing
arrangement and what regulatory conditions
should apply.
PSC-18-22-00002-P . . . . . . . . . . . . exempt NYSEG and RG&E’s petition for a waiver of
its 2021 customer service quality
performance.
To determine if NYSEG and RG&E’s petition
for waiver is in the public interest.
PSC-18-22-00003-P . . . . . . . . . . . . exempt Adjustments to the the Revenue Decoupling
Mechanisms.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-18-22-00004-P . . . . . . . . . . . . exempt Utility-owned ESR participation in the New
York Independent System Operator, Inc.
(NYISO) administered wholesale markets.
To consider if Con Edison should use an ESR
in NYISO markets, and whether any conditions
are appropriate for such use.
PSC-18-22-00005-P . . . . . . . . . . . . exempt Agreement for the provision of water service
and waivers.
To consider whether the terms of a service
agreement and requested waivers are in the
public interest.
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
83
PUBLIC SERVICE COMMISSION
PSC-18-22-00006-P . . . . . . . . . . . . exempt Adjustments to the Revenue Decoupling
Mechanisms.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-18-22-00007-P . . . . . . . . . . . . exempt Extension of deadline. Whether it is in the public interest to extend the
deadline to allow the developer more time to
energize residential units.
PSC-19-22-00021-P . . . . . . . . . . . . exempt Brooklyn Clean Energy Hub and cost
recovery.
To meet the Climate Leadership and
Community Protection Act’s goal of 9,000
megawatts of offshore wind generation.
PSC-19-22-00022-P . . . . . . . . . . . . exempt Modification of Con Edison’s electric tariff. To either eliminate or waive a provision of the
Standby Service Offset Tariff.
PSC-19-22-00023-P . . . . . . . . . . . . exempt Utility-owned ESR participation in the New
York Independent System Operator, Inc.
(NYISO) administered wholesale markets.
To consider if O&R should use an ESR in
NYISO markets, and whether any conditions
are appropriate for such use.
PSC-19-22-00024-P . . . . . . . . . . . . exempt Transfer of street lighting facilities. To determine whether to authorize the transfer
street of lighting facilities and the proper
accounting for the transaction.
PSC-19-22-00025-P . . . . . . . . . . . . exempt Application of PSL provisions to Xerox as an
electric corporation and water-works
corporation.
To consider whether Xerox should be exempt
from PSL provisions, including requirements for
full reports and keeping accounts.
STATE, DEPARTMENT OF
DOS-14-22-00006-EP . . . . . . . . . . . 06/08/23 New York State Uniform Fire Prevention and
Building Code (the Uniform Code)
To amend the existing Uniform Code to add
provisions relating to grease traps or
interceptors
DOS-16-22-00001-EP . . . . . . . . . . . 04/20/23 Ventilation Requirements To provide an additional 6 months for
appearance enhancement businesses to
comply with existing ventilation standards
STATE UNIVERSITY OF NEW YORK
SUN-24-21-00002-EP . . . . . . . . . . . 06/16/22 Gender Neutral Bathrooms To conform with legislation requiring SUNY
state-operated campuses to designate all
single occupancy bathrooms as gender neutral
TAXATION AND FINANCE, DEPARTMENT OF
*TAF-46-20-00003-P . . . . . . . . . . . . exempt Fuel use tax on motor fuel and diesel motor
fuel and the art. 13-A carrier tax jointly
administered therewith
To set the sales tax component and the
composite rate per gallon for the period
January 1, 2021 through March 31, 2021
TAF-08-22-00001-P . . . . . . . . . . . . exempt Fuel use tax on motor fuel and diesel motor
fuel and the art. 13-A carrier tax jointly
administered therewith.
To set the sales tax component and the
composite rate per gallon for the period April 1,
2022 through June 30, 2021.
TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF
TDA-01-22-00001-EP . . . . . . . . . . . 01/05/23 2019 Novel Coronavirus (COVID-19) masking
requirements in congregate shelters
Protect the well-being of shelter staff and
persons staying in congregate shelters
NYS Register/May 11, 2022Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
84
TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF
TDA-13-22-00023-P . . . . . . . . . . . 03/30/23 Repeal of state regulations implementing the
limits on the use of state funds or state-
authorized payments for administrative
expenses and executive compensation set
forth in Executive Order No. 38, signed by
Governor Andrew M. Cuomo on January 18,
2012
To update state regulations consistent with the
repeal, cancellation and revocation of EO No.
38 in its entirety pursuant to EO No. 6, signed
by Governor Kathy Hochul on October 8, 2021.
TRANSPORTATION, DEPARTMENT OF
TRN-18-22-00001-P . . . . . . . . . . . 05/04/23 Regulation of commercial motor carriers in
New York State.
To repeal or modify obsolete provisions, make
technical changes, and implement non-
discretionary statutory provisions.
WORKERS’ COMPENSATION BOARD
WCB-28-21-00009-RP . . . . . . . . . . . 07/14/22 Telehealth Provides the option for telehealth visits in some
circumstances
WCB-09-22-00002-P . . . . . . . . . . . 03/02/23 Intraoperative Neurophysiological Monitoring To define IOM and clarify that remote IOM is
prohibited except in very limited circumstances
NYS Register/May 11, 2022 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
85
S
ECURITIE
S
OFFERINGS
STATE NOTICES
Published pursuant to provisions of General Business Law
[Art. 23-A, § 359-e(2)]
DEALERS; BROKERS
Advest Short Duration Real Estate Fund I LLC
41 University Dr., Suite 400, Newtown, PA 18940
State or country in which incorporated — Pennsylvania limited li-
ability company
AG Asia Dry Powder Fund, LP.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AG ADP LLC
AG Asia Realty Fund V, L.P.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AG Asia V LLC
AG Asia Realty Holdings V, LP.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AG Asia V LLC
AG Realty Value Fund XI, L.P.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AGR XI LLC
AG Realty Value Fund XI (A), L.P.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AGR XI LLC
AG Realty Value Fund XI (Ontario), L.P.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AGR XI LLC
AG Realty Value Fund XI (Q) L.P.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AGR XI LLC
AG Realty Value Fund XI (US), L.P.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AGR XI LLC
AGDL BUSL, L.P.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AGDL BUSL GP, LLC
Asia Realty Fund V (SO), LP.
clo Angelo, Gordon & Co., LP. 245 Park Ave., New York, NY 10167
Partnership — AG Asia V LLC
American Leisure Holdings, Inc.
3000 N. Federal Hwy., Suite 2W, Fort Lauderdale, FL 33306
State or country in which incorporated — Colorado
American Properties at Wall LLC
517 Route 1 S., Suite 2100, lselin, NJ 08830
State or country in which incorporated — New Jersey limited liability
company
ECG The Edison, LLC
8745 Gary Burns Dr., Frisco, TX 75034
State or country in which incorporated — Texas
FarmTogether Mount Clare, LLC
16192 Coastal Hwy., Lewes, DE 19958
State or country in which incorporated — Delaware
FarmTogether Sierra Foothills, LLC
16192 Coastal Hwy., Lewes, DE 19958
State or country in which incorporated — Delaware
First Trust Real Assets Fund
235 W. Galena St., Milwaukee, WI 53212
State or country in which incorporated — Delaware
Focus Senior Housing Fund II LP
200 W. Madison St., Suite 2650, Chicago, IL 60606
Partnership — Focus SH II GP LLC
Genius Brands International, Inc.
190 N. Canon Dr., 4th Fl., Beverly Hills, CA 90210
State or country in which incorporated — Nevada
Harrison Street Canada Alternative Real Estate Trust
444 W. Lake St., Suite 2100, Chicago, IL 60606
State or country in which incorporated — Canada
Inland Securities Corporation
2901 Butterfield Rd., Oak Brook, IL 60523
State or country in which incorporated — Delaware
Investment Managers Series Trust II
235 W. Galena St., Milwaukee, WI 53212
State or country in which incorporated — Delaware
Northland Fund VIII, L.P.
2150 Washington St., Newton, MA 02462
Partnership — Northland Fund VIII Partners LLC
Open Industrial Fund I Parallel LP
7768 Woodmont Ave., #204, Bethesda, MD 20814
Partnership — Open Industrial Fund I GP LP
Outdone Corp.
288 K St., Boston, MA 02127
State or country in which incorporated — Delaware
Own Inc.
733 Third Ave., 16th Fl., c/o First Digital, New York, NY 10017
State or country in which incorporated — Wyoming
87
RealyInvest NNN LLC
2000 PGA Blvd., Suite 4440, Palm Beach Gardens, FL 33408
State or country in which incorporated — Delaware
Riverview Crossings Fairway GP LLC
16150 SW Upper Boones Ferry Road, Portland OR 97224
State or country in which incorporated — Oregon
Riverview JV Apts., LLC
c/o Capital Solutions, Inc., 751 Arbor Way, Suite 210, Blue Bell, PA
19422
State or country in which incorporated — Delaware
SAQC Partners, LLC
1213 W. Morehead, Suite 530, Charlotte, NC 28208
State or country in which incorporated — Texas
Smeads Funds Trust
1001 Fourth Ave., Suite 4305, Seattle, WA 98154
State or country in which incorporated — Delaware
Turner Healthcare Facilities Fund II, LP.
3000 Olympic Blvd., Suite 2120, Santa Monica, CA 90404
Partnership — THFF II GP LLC
Vivo Living Miamisburg, LLC
16150 SW Upper Boones Ferry Rd., Portland, OR 97224
State or country in which incorporated — Delaware
NYS Register/May 11, 2022Securities Offerings
88
ADVERTISEMENTS FOR
BIDDERS/CONTRACTORS
SEALED BIDS
PROVIDE
RAIL TRAIL
Department of Environmental Conservation
Lake Placid, Essex County
Sealed bids for Project No. 45525-C, comprising a contract for
Construction Work, Provide Recreational Multi-Use Rail Trail Lake
Placid to Saranac Lake, NYSDEC, Adirondack Rail Trail, Tupper
Lake to Lake Placid, Lake Placid (Essex County), NY will be received
by the Office of General Services (OGS), Design & Construction
Group (D&C), Division of Contract Management, 35th Fl., Corning
Tower, Empire State Plaza, Albany, NY 12242, on behalf of the
Department of Environmental Conservation- Div. of Land & Forests,
until 2:00 p.m. on Wednesday, May 18, 2022 when they will be
publicly opened and read. Each bid must be prepared and submitted in
accordance with the Instructions to Bidders and must be accompanied
by a bid security (i.e. certified check, bank check, or bid bond) in the
amount of $225,900 for C.
All successful bidders will be required to furnish a Performance
Bond and a Labor and Material Bond pursuant to Sections 136 and
137 of the State Finance Law, each for 100% of the amount of the
Contract estimated to be between $9,000,000 and $10,000,000 for C.
Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation
includes and imposes certain restrictions on communications between
OGS D&C and a bidder during the procurement process. A bidder is
restricted from making contacts from the earliest posting on the OGS
website, in a newspaper of general circulation, or in the Contract
Reporter, of written notice, advertisement or solicitation of offers,
through final award and approval of the contract by OGS D&C and
the Office of the State Comptroller (“Restricted Period”) to other than
designated staff, unless it is a contact that is included among certain
statutory exceptions set forth in State Finance Law § 139-j(3)(a).
Designated staff are Jessica Cook, Jessica Hoffman, and Pierre Alric
in the Division of Contract Management, telephone (518) 474-0203,
fax (518) 473-7862. OGS D&C employees are also required to obtain
certain information when contacted during the restricted period and to
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: https://ogs.ny.gov/
ACPL/
Pursuant to Public Buildings Law § 8(6), effective January 11,
2020, for any projects where the project design commenced on or af-
ter January 1, 2020 and for any contracts over $5,000 for the work of
construction, reconstruction, alteration, repair, or improvement of any
State building, a responsible and reliable NYS-certified Minority or
Women-Owned Business Enterprise that submits a bid within ten
percent of the lowest bid will be deemed the apparent low bidder
provided that the bid is $1,400,000 or less, as adjusted annually for in-
flation beginning January 1, 2020. If more than one responsible and
reliable MWBE firm meets these requirements, the MWBE firm with
the lowest bid will be deemed the apparent low bidder.
XX Project commenced design before January 1, 2020. Not subject
to provision.
—
Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 407 days after the
Agreement is approved by the Comptroller.
As a condition of award, within 48 hours of receipt of the proposed
Contract Agreement from the State, the apparent low bidder shall
return the Contract Agreement to the State, properly executed, along
with the Bonds if required by said Agreement. Low bidders who can-
not meet these provisions may be subject to disqualification and for-
feiture of the bid security.
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 10:00 a.m. on May 5, 2022, at NYS DEC Head-
quarters, 1115 NYS Route 86, NY 12977. Prospective bidders are
urged, but not mandated, to visit the site at this time. Prospective bid-
ders 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. Refer to Document 002218 for any
additional requirements for attendance at the pre-bid site visit.
Phone the office of Jordan Marsh (518-487-1097) a minimum of 48
hours in advance of the date to provide the names of those who will
attend the pre-bid site visit. Only contractors that schedule a visit at
least 48 hours in advance will be allowed to participate in the pre-bid
site visit.
Pursuant to New York State Executive Law Article 15-A and the
rules and regulations promulgated thereunder, OGS is required to
promote opportunities for the maximum feasible participation of New
York State-certified Minority and Women-owned Business Enterprises
(“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. Trades with 0% goals are encouraged to make
“good faith efforts” to promote and assist in the participation of
MWBEs on the Contract for the provision of services and materials.
Article 17-B of the New York State Executive Law provides for
more meaningful participation in public procurement by certified
Service-Disabled Veteran-Owned Businesses (“SDVOBs”). Bidders
are expected to consider SDVOBs in the fulfillment of the require-
ments of the Contract. Such participation may be as subcontractors or
suppliers, as protégés, or in other partnering or supporting roles. OGS
hereby establishes overall goals for SDVOBs’ participation under this
contract as follows: 6% for the C trade contractor, based on the cur-
rent availability of qualified SDVOBs. Trades with 0% goals are
encouraged to make “good faith efforts” to promote and assist in the
participation of SDVOBs on the Contract for the provision of services
and materials.
89
The Office of General Services reserves the right to reject any or all
bids.
The Bidding and Contract Documents for this Project are available
for viewing and downloading from OGS Design & Construction’s
plan room hosting service, Bid Express. Vendors wishing to view
and/or download bid documents must complete a one-time registra-
tion for the Bid Express service. There is no cost to register for Bid
Express. Registration along with viewing and downloading of docu-
ments can be accessed at the following link: http://
www.bidexpress.com
For questions about downloading of bid documents, please send an
e-mail to support@bidexpress.com, or call the Bid Express toll-free
number at (888) 352-2439.
For all other questions, please send an email to
[email protected].gov, 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 OGS - Design & Construction Group
MITIGATE
WATER INFILTRATION
Alfred E. Smith State Office Building
Albany, Albany County
Sealed bids for Project Nos. 45631-C, 45631-P and 45631-E,
comprising separate contracts for Construction Work, Plumbing Work,
and Electrical Work, Mitigate Water Infiltration & Provide Repairs,
Alfred E. Smith State Office Building, 80 S. Swan Street, Albany
(Albany County), NY, will be received by the Office of General Ser-
vices (OGS), Design & Construction Group (D&C), Division of
Contract Management, 35th Fl., Corning Tower, Empire State Plaza,
Albany, NY 12242, on behalf of the Office of General Services, until
2:00 p.m. on Wednesday, June 8, 2022, when they will be publicly
opened and read. Each bid must be prepared and submitted in accor-
dance with the Instructions to Bidders and must be accompanied by a
bid security (i.e. certified check, bank check, or bid bond) in the
amount of $32,300 for C, $3,500 for P, and $3,400 for E.
All successful bidders will be required to furnish a Performance
Bond and a Labor and Material Bond pursuant to Sections 136 and
137 of the State Finance Law, each for 100% of the amount of the
Contract estimated to be between $500,000 and $1,000,000 for C, be-
tween $25,000 and $50,000 for P, and between $25,000 and $50,000
for E.
Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation
includes and imposes certain restrictions on communications between
OGS D&C and a bidder during the procurement process. A bidder is
restricted from making contacts from the earliest posting on the OGS
website, in a newspaper of general circulation, or in the Contract
Reporter, of written notice, advertisement or solicitation of offers,
through final award and approval of the contract by OGS D&C and
the Office of the State Comptroller (“Restricted Period”) to other than
designated staff, unless it is a contact that is included among certain
statutory exceptions set forth in State Finance Law § 139-j(3)(a).
Designated staff are Jessica Cook, Jessica Hoffman, and Pierre Alric
in the Division of Contract Management, telephone (518) 474-0203,
fax (518) 473-7862. OGS D&C employees are also required to obtain
certain information when contacted during the restricted period and to
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: https://ogs.ny.gov/
ACPL/
Pursuant to Public Buildings Law § 8(6), effective January 11,
2020, for any projects where the project design commenced on or af-
ter January 1, 2020 and for any contracts over $5,000 for the work of
construction, reconstruction, alteration, repair, or improvement of any
State building, a responsible and reliable NYS-certified Minority or
Women-Owned Business Enterprise that submits a bid within ten
percent of the lowest bid will be deemed the apparent low bidder
provided that the bid is $1,400,000 or less, as adjusted annually for in-
flation beginning January 1, 2020. If more than one responsible and
reliable MWBE firm meets these requirements, the MWBE firm with
the lowest bid will be deemed the apparent low bidder.
—
Project commenced design before January 1, 2020. Not subject
to provision.
XX Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 202 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 10:00 a.m. on May 26, 2022, at Alfred E. Smith
State Office Building, Front Entrance, 80 S. Swan St, Albany, NY.
Prospective bidders are urged, but not mandated, 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. Refer
to Document 002218 for any additional requirements for attendance at
the pre-bid site visit.
Phone the office of Eric Luft, (518-573-1364) a minimum of 48
hours in advance of the date to provide the names of those who will
attend the pre-bid site visit. Only contractors that schedule a visit at
least 48 hours in advance will be allowed to participate in the pre-bid
site visit.
Pursuant to New York State Executive Law Article 15-A and the
rules and regulations promulgated thereunder, OGS is required to
promote opportunities for the maximum feasible participation of New
York State-certified Minority and Women-owned Business Enterprises
(“MWBEs”) and the employment of minority group members and
women in the performance of OGS contracts. All bidders are expected
to cooperate in implementing this policy. OGS hereby establishes an
overall goal of 30% for MWBE participation, 15% for Minority-
Owned Business Enterprises (“MBE”) participation and 15% for
Women-Owned Business Enterprises (“WBE”) participation (based
on the current availability of qualified MBEs and WBEs) for Construc-
tion Work. The total contract goal can be obtained by utilizing any
combination of MBE and/or WBE participation for subcontracting
and supplies acquired under this Contract. Trades with 0% goals are
encouraged to make “good faith efforts” to promote and assist in the
participation of MWBEs on the Contract for the provision of services
and materials.
Article 17-B of the New York State Executive Law provides for
more meaningful participation in public procurement by certified
Service-Disabled Veteran-Owned Businesses (“SDVOBs”). Bidders
are expected to consider SDVOBs in the fulfillment of the require-
ments of the Contract. Such participation may be as subcontractors or
suppliers, as protégés, or in other partnering or supporting roles. OGS
hereby establishes overall goals for SDVOBs’ participation under this
contract as follows: 6% for the C trade contractor, 0% for the E trade
contractor, and 0% for the P trade contractor, based on the current
availability of qualified SDVOBs. Trades with 0% goals are encour-
aged to make “good faith efforts” to promote and assist in the
participation of SDVOBs on the Contract for the provision of services
and materials.
The Office of General Services reserves the right to reject any or all
bids.
The Bidding and Contract Documents for this Project are available
for viewing and downloading from OGS Design & Construction’s
plan room hosting service, Bid Express. Vendors wishing to view
and/or download bid documents must complete a one-time registra-
tion for the Bid Express service. There is no cost to register for Bid
NYS Register/May 11, 2022Advertisements for Bidders/Contractors
90
Express. Registration along with viewing and downloading of docu-
ments can be accessed at the following link: http://
www.bidexpress.com
For questions about downloading of bid documents, please send an
e-mail to support@bidexpress.com, or call the Bid Express toll-free
number at (888) 352-2439.
For all other questions, please send an email to
[email protected].gov, 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 OGS - Design & Construction Group
PROVIDE
EMERGENCY GENERATOR
State Campus
Albany, Albany County
Sealed bids for Project Nos. 45976-E and 45976-P, comprising sep-
arate contracts for Electrical Work and Plumbing Work, Provide Emer-
gency Generator, Building 18, State Office Building Campus, 1220
Washington Avenue, Albany (Albany County), NY will be received by
the Office of General Services (OGS), Design & Construction Group
(D&C), Division of Contract Management, 35th Fl., Corning Tower,
Empire State Plaza, Albany, NY 12242, on behalf of the Office of
General Services, until 2:00 p.m. on Wednesday, June 8, 2022 when
they will be publicly opened and read. Each bid must be prepared and
submitted in accordance with the Instructions to Bidders and must be
accompanied by a bid security (i.e. certified check, bank check, or bid
bond) in the amount of $48,500 for E, and $4,300 for P.
All successful bidders will be required to furnish a Performance
Bond and a Labor and Material Bond pursuant to Sections 136 and
137 of the State Finance Law, each for 100% of the amount of the
Contract estimated to be between $1,000,000 and $2,000,000 for E,
and between $50,000 and $100,000 for P.
Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation
includes and imposes certain restrictions on communications between
OGS D&C and a bidder during the procurement process. A bidder is
restricted from making contacts from the earliest posting on the OGS
website, in a newspaper of general circulation, or in the Contract
Reporter, of written notice, advertisement or solicitation of offers,
through final award and approval of the contract by OGS D&C and
the Office of the State Comptroller (“Restricted Period”) to other than
designated staff, unless it is a contact that is included among certain
statutory exceptions set forth in State Finance Law § 139-j(3)(a).
Designated staff are Jessica Cook, Jessica Hoffman, and Pierre Alric
in the Division of Contract Management, telephone (518) 474-0203,
fax (518) 473-7862. OGS D&C employees are also required to obtain
certain information when contacted during the restricted period and to
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: https://ogs.ny.gov/
ACPL/
Pursuant to Public Buildings Law § 8(6), effective January 11,
2020, for any projects where the project design commenced on or af-
ter January 1, 2020 and for any contracts over $5,000 for the work of
construction, reconstruction, alteration, repair, or improvement of any
State building, a responsible and reliable NYS-certified Minority or
Women-Owned Business Enterprise that submits a bid within ten
percent of the lowest bid will be deemed the apparent low bidder
provided that the bid is $1,400,000 or less, as adjusted annually for in-
flation beginning January 1, 2020. If more than one responsible and
reliable MWBE firm meets these requirements, the MWBE firm with
the lowest bid will be deemed the apparent low bidder.
XX Project commenced design before January 1, 2020. Not subject
to provision.
—
Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 456 days after the
Agreement is approved by the Comptroller.
The only time prospective bidders will be allowed to visit the job
site to take field measurements and examine existing conditions of the
project area will be at 9:00 a.m. on May 25, 2022, at State Office
Building Campus, Building 18, 1220 Washington Avenue, Albany NY.
Prospective bidders are urged, but not mandated, 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. Refer
to Document 002218 for any additional requirements for attendance at
the pre-bid site visit.
Phone the office of Peter Gartung (518-485-8749) a minimum of 48
hours in advance of the date to provide the names of those who will
attend the pre-bid site visit. Only contractors that schedule a visit at
least 48 hours in advance will be allowed to participate in the pre-bid
site visit.
Pursuant to New York State Executive Law Article 15-A and the
rules and regulations promulgated thereunder, OGS is required to
promote opportunities for the maximum feasible participation of New
York State-certified Minority and Women-owned Business Enterprises
(“MWBEs”) and the employment of minority group members and
women in the performance of OGS contracts. All bidders are expected
to cooperate in implementing this policy. OGS hereby establishes an
overall goal of 30% for MWBE participation, 15% for Minority-
Owned Business Enterprises (“MBE”) participation and 15% for
Women-Owned Business Enterprises (“WBE”) participation (based
on the current availability of qualified MBEs and WBEs) for Electri-
cal Work. The total contract goal can be obtained by utilizing any
combination of MBE and/or WBE participation for subcontracting
and supplies acquired under this Contract. Trades with 0% goals are
encouraged to make “good faith efforts” to promote and assist in the
participation of MWBEs on the Contract for the provision of services
and materials.
Article 17-B of the New York State Executive Law provides for
more meaningful participation in public procurement by certified
Service-Disabled Veteran-Owned Businesses (“SDVOBs”). Bidders
are expected to consider SDVOBs in the fulfillment of the require-
ments of the Contract. Such participation may be as subcontractors or
suppliers, as protégés, or in other partnering or supporting roles. OGS
hereby establishes overall goals for SDVOBs’ participation under this
contract as follows: 6% for the E trade contractor, and 0% for the P
trade contractor, based on the current availability of qualified
SDVOBs. Trades with 0% goals are encouraged to make “good faith
efforts” to promote and assist in the participation of SDVOBs on the
Contract for the provision of services and materials.
The Office of General Services reserves the right to reject any or all
bids.
The Bidding and Contract Documents for this Project are available
for viewing and downloading from OGS Design & Construction’s
plan room hosting service, Bid Express. Vendors wishing to view
and/or download bid documents must complete a one-time registra-
tion for the Bid Express service. There is no cost to register for Bid
Express. Registration along with viewing and downloading of docu-
ments can be accessed at the following link: http://
www.bidexpress.com
For questions about downloading of bid documents, please send an
e-mail to support@bidexpress.com, or call the Bid Express toll-free
number at (888) 352-2439.
For all other questions, please send an email to
[email protected].gov, or call (518) 474-0203.
For additional information on this project, please use the link below
NYS Register/May 11, 2022 Advertisements for Bidders/Contractors
91
and then click on the project number: https://online.ogs.ny.gov/dnc/
contractorConsultant/esb/ESBPlansAvailableIndex.asp
By OGS - Design & Construction Group
REMOVE
CHIMNEY
Department of Transportation Region One
Waterford, Saratoga County
Sealed bids for Project No. 47145-C, comprising a contract for
Construction Work Remove Chimney, DOT Region 1, Saratoga
County, 21 Ninth Street, Waterford (Saratoga County), NY, will be
received by the Office of General Services (OGS), Design & Construc-
tion Group (D&C), Division of Contract Management, 35th Fl., Corn-
ing Tower, Empire State Plaza, Albany, NY 12242, on behalf of the
Department of Transportation, until 2:00 p.m. on Wednesday, Jun 8,
2022 when they will be publicly opened and read. Each bid must be
prepared and submitted in accordance with the Instructions to Bidders
and must be accompanied by a bid security (i.e. certified check, bank
check, or bid bond) in the amount of $16,600 for C.
Further, Wicks Exempt Projects require a completed form BDC 59
(Wicks Exempt List of Contractors) be filled out and submitted
(included in a separate, sealed envelope) in accordance with Docu-
ment 002220, Supplemental Instructions to Bidders – Wicks Exempt.
Failure to submit this form correctly will result in a disqualification of
the bid.
All successful bidders will be required to furnish a Performance
Bond and a Labor and Material Bond pursuant to Sections 136 and
137 of the State Finance Law, each for 100% of the amount of the
Contract estimated to be between $100,000 and $250,000 for C.
Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation
includes and imposes certain restrictions on communications between
OGS D&C and a bidder during the procurement process. A bidder is
restricted from making contacts from the earliest posting, on the OGS
website, in a newspaper of general circulation, or in the Contract
Reporter of written notice, advertisement or solicitation of offers
through final award and approval of the contract by OGS D&C and
the Office of the State Comptroller (“Restricted Period”) to other than
designated staff unless it is a contact that is included among certain
statutory exceptions set forth in State Finance Law § 139-j(3)(a).
Designated staff are Jessica Cook, Jessica Hoffman, and Pierre Alric
in the Division of Contract Management, telephone (518) 474-0203,
fax (518) 473-7862. 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: https://ogs.ny.gov/
ACPL/
Pursuant to Public Buildings Law § 8(6), effective January 11,
2020, for any projects where the project design commenced on or af-
ter January 1, 2020 and for any contracts over $5,000 for the work of
construction, reconstruction, alteration, repair, or improvement of any
State building, a responsible and reliable NYS-certified Minority or
Women-Owned Business Enterprise that submits a bid within ten
percent of the lowest bid will be deemed the apparent low bidder
provided that the bid is $1,400,000 or less, as adjusted annually for in-
flation beginning January 1, 2020. If more than one responsible and
reliable MWBE firm meets these requirements, the MWBE firm with
the lowest bid will be deemed the apparent low bidder.
—
Project commenced design before January 1, 2020. Not subject
to provision.
XX Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 90 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 on May 25, 2022, at 10:30 a.m. at DOT Region 1,
21 Ninth Street, Waterford, NY 12188. Prospective bidders are urged,
but not mandated, to visit the site at this time. Prospective bidders or
their representatives attending the pre-bid site visit will not be admit-
ted on facility grounds without proper photo identification. Note that
parking restrictions and security provisions will apply and all vehicles
will be subject to search. Refer to Document 002218 for any additional
requirements for attendance at the pre-bid site visit.
Phone the office of Hatim El-Tilib (518-527-6244) a minimum of
48 hours in advance of the date to provide the names of those who will
attend the pre-bid site visit. Only contractors that schedule a visit at
least 48 hours in advance will be allowed to participate in the pre-bid
site visit.
Pursuant to New York State Executive Law Article 15-A and the
rules and regulations promulgated thereunder, OGS is required to
promote opportunities for the maximum feasible participation of New
York State-certified Minority- and Women-owned Business Enter-
prises (“MWBEs”) and the employment of minority group members
and women in the performance of OGS contracts. All bidders are
expected to cooperate in implementing this policy. OGS hereby
establishes an overall goal of 30% for MWBE participation, 15% for
Minority-Owned Business Enterprises (“MBE”) participation and
15% for Women-Owned Business Enterprises (“WBE”) participation
(based on the current availability of qualified MBEs and WBEs). The
total contract goal can be obtained by utilizing any combination of
MBE and/or WBE participation for subcontracting and supplies
acquired under this Contract. Trades with 0% goals are encouraged to
make “good faith efforts” to promote and assist in the participation of
MWBEs on the Contract for the provision of services and materials.
Article 17-B of the New York State Executive Law provides for
more meaningful participation in public procurement by certified
Service-Disabled Veteran-Owned Businesses (“SDVOBs”). Bidders
are expected to consider SDVOBs in the fulfillment of the require-
ments of the Contract. Such participation may be as subcontractors or
suppliers, as protégés, or in other partnering or supporting roles. OGS
hereby establishes overall goals for SDVOBs’ participation under this
contract as follows: 3% for the C trade contractor, based on the cur-
rent availability of qualified SDVOBs. Trades with 0% goals are
encouraged to make “good faith efforts” to promote and assist in the
participation of SDVOBs on the Contract for the provision of services
and materials.
The Office of General Services reserves the right to reject any or all
bids.
The Bidding and Contract Documents for this Project are available
for viewing and downloading from OGS Design & Construction’s
plan room hosting service, Bid Express. Vendors wishing to view
and/or download bid documents must complete a one-time registra-
tion for the Bid Express service. There is no cost to register for Bid
Express. Registration along with viewing and downloading of docu-
ments can be accessed at the following link: http://
www.bidexpress.com
For questions about downloading of bid documents, please send an
e-mail to support@bidexpress.com, or call the Bid Express toll-free
number at (888) 352-2439.
For all other questions, please send an email to
[email protected].gov, 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 OGS - Design & Construction Group
NYS Register/May 11, 2022Advertisements for Bidders/Contractors
92
REPAIR
UNDERGROUND INFRASTRUCTURE
Various Capital District OGS Facilities
Albany, Albany County
Sealed bids for Project No. 47192-C, comprising separate contracts
for Construction Work, Repair Underground Infrastructure, Various
Capital District OGS Facilities, Albany (Albany County), NY will be
received by the Office of General Services (OGS), Design & Construc-
tion Group (D&C), Division of Contract Management, 35th Fl., Corn-
ing Tower, Empire State Plaza, Albany, NY 12242, on behalf of the
Office of General Services, until 2:00 p.m. on Wednesday, May 25,
2022 when they will be publicly opened and read. Each bid must be
prepared and submitted in accordance with the Instructions to Bidders
and must be accompanied by a bid security (i.e. certified check, bank
check, or bid bond) in the amount of $100,000 for C.
All successful bidders will be required to furnish a Performance
Bond and a Labor and Material Bond pursuant to Sections 136 and
137 of the State Finance Law, each for 100% of the amount of the
Contract estimated to be between $4,000,000 and $5,000,000 for C.
Pursuant to State Finance Law §§ 139-j and 139-k, this solicitation
includes and imposes certain restrictions on communications between
OGS D&C and a bidder during the procurement process. A bidder is
restricted from making contacts from the earliest posting on the OGS
website, in a newspaper of general circulation, or in the Contract
Reporter, of written notice, advertisement or solicitation of offers,
through final award and approval of the contract by OGS D&C and
the Office of the State Comptroller (“Restricted Period”) to other than
designated staff, unless it is a contact that is included among certain
statutory exceptions set forth in State Finance Law § 139-j(3)(a).
Designated staff are Jessica Cook, Jessica Hoffman, and Pierre Alric
in the Division of Contract Management, telephone (518) 474-0203,
fax (518) 473-7862. OGS D&C employees are also required to obtain
certain information when contacted during the restricted period and to
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: https://ogs.ny.gov/
ACPL/
Pursuant to Public Buildings Law § 8(6), effective January 11,
2020, for any projects where the project design commenced on or af-
ter January 1, 2020 and for any contracts over $5,000 for the work of
construction, reconstruction, alteration, repair, or improvement of any
State building, a responsible and reliable NYS-certified Minority or
Women-Owned Business Enterprise that submits a bid within ten
percent of the lowest bid will be deemed the apparent low bidder
provided that the bid is $1,400,000 or less, as adjusted annually for in-
flation beginning January 1, 2020. If more than one responsible and
reliable MWBE firm meets these requirements, the MWBE firm with
the lowest bid will be deemed the apparent low bidder.
—
Project commenced design before January 1, 2020. Not subject
to provision.
XX Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 1,095 days after
the Agreement is approved by the Comptroller.
As a condition of award, within 48 hours of receipt of the proposed
Contract Agreement from the State, the apparent low bidder shall
return the Contract Agreement to the State, properly executed, along
with the Bonds if required by said Agreement. Low bidders who can-
not meet these provisions may be subject to disqualification and for-
feiture of the bid security.
No pre-bid site visits have been scheduled for this project and pro-
spective bidders are not allowed to visit the project site or facility
buildings and grounds to take measurements or examine existing
conditions.
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 Enterprises
(“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. Trades with 0% goals are encouraged to make
“good faith efforts” to promote and assist in the participation of
MWBEs on the Contract for the provision of services and materials.
Article 17-B of the New York State Executive Law provides for
more meaningful participation in public procurement by certified
Service-Disabled Veteran-Owned Businesses (“SDVOBs”). Bidders
are expected to consider SDVOBs in the fulfillment of the require-
ments of the Contract. Such participation may be as subcontractors or
suppliers, as protégés, or in other partnering or supporting roles. OGS
hereby establishes overall goals for SDVOBs’ participation under this
contract as follows: 6% for the C trade contractor, based on the cur-
rent availability of qualified SDVOBs. Trades with 0% goals are
encouraged to make “good faith efforts” to promote and assist in the
participation of SDVOBs on the Contract for the provision of services
and materials.
The Office of General Services reserves the right to reject any or all
bids.
The Bidding and Contract Documents for this Project are available
for viewing and downloading from OGS Design & Construction’s
plan room hosting service, Bid Express. Vendors wishing to view
and/or download bid documents must complete a one-time registra-
tion for the Bid Express service. There is no cost to register for Bid
Express. Registration along with viewing and downloading of docu-
ments can be accessed at the following link: http://
www.bidexpress.com
For questions about downloading of bid documents, please send an
e-mail to support@bidexpress.com, or call the Bid Express toll-free
number at (888) 352-2439.
For all other questions, please send an email to
[email protected].gov, 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 OGS - Design & Construction Group
NYS Register/May 11, 2022 Advertisements for Bidders/Contractors
93
N
OTICE OF AVAILABILIT
Y
OF STATE AND FEDERAL FUNDS
Housing Trust Fund Corporation
Office of Community Renewal
38-40 State St., 4th Fl. S
Albany, NY 12207
UNITS OF LOCAL GOVERNMENT AND NOT-FOR-PROFIT OR-
GANIZATIONS
Access to Home Program, Access to Home for Heros/Veterans, Ac-
cess to Home for Medicaid Recipients Program, RESTORE
Program, Mobile and Manufactured Home Replacement Program
The Housing Trust Fund Corporation (HTFC) announces the avail-
ability of up to $14.9 million of State funds for the following programs:
D$1 million - Access to Home Program
D$5 million - Access to Home for Heroes/Veterans
D$875,000 - Access to Home for Medicaid Recipients Program
D$3.4 million - RESTORE Program
D$4 million - Mobile & Manufactured Home Replacement Program
These amounts are provided as guidelines for expected awards and
HTFC reserves the right to award additional funds, a portion of, or
none of the funds based on funding availability.
APPLICATION FOR FUNDING
Application materials for the sources identified above will be avail-
able on the NYS Homes and Community Renewal website, https://
hcr.ny.gov, by Wednesday, August 3, 2022. Applications will be due
no later than 4:00 pm on Friday, September 23, 2022. Applications
must be submitted using the Community Development Online Ap-
plication System (CDOL).
The above-state application deadline is firm as to date and hour. In
the interest of fairness to all competing applicants, applications
received after the specified date and time will be deemed ineligible
and will not be considered for funding. Early submission of applica-
tions is recommended to avoid risks of ineligibility resulting from
unanticipated delays.
ACCESS TO HOME PROGRAM
PROGRAM DESCRIPTION
The Access to Home program provides financial assistance to make
residential units accessible for low- and moderate-income persons
with disabilities. Assistance with the cost of accessibility modifica-
tions will enable people with disabilities to live in their residences
safely and comfortably, rather than in an institutional setting.
ELIGIBLE APPLICANTS
Eligible applicants for the Access to Home program are units of lo-
cal government and organizations incorporated under the New York
State Not-For-Profit Corporation Law, that have been providing rele-
vant service to the community for at least one year prior to application.
ELIGIBLE ACTIVITIES
Grant funds may be used to assist low- and moderate-income rent-
ers or homeowners with disabilities, in making accessibility modifica-
tions to their primary residences. Accessibility modifications must be
designed to address substantial limitation caused by a disability or
improve activities of daily living within and/or access to the dwelling
unit. Examples include wheelchair ramps and lifts, handrails, doorway
widening, and roll-in showers. Review the Access to Home Program
Manual for more information related to eligible activities: https://
hcr.ny.gov/access-home#program-manual
FUNDING LIMITS
D The minimum request amount is $75,000. The maximum request
amount is $150,000.
DA maximum of $25,000 per unit is allowable. This cap is inclusive
of both hard costs for accessibility modifications, soft costs, and proj-
ect delivery fees.
D Applicants may budget 7.5 percent of the requested amount for
eligible administrative costs.
DApplicants may budget up to 5 percent of project costs for eligible
soft costs and project delivery costs.
ACCESS TO HOME FOR HEROES/VETERANS PROGRAM
PROGRAM DESCRIPTION
The Access to Home for Heroes/Veterans program provides finan-
cial assistance to make accessibility modifications, emergency home
repairs or address code violations to the primary residences of low-
and moderate-income veterans with disabilities. Such activities will
enable veterans with disabilities to live in their residences safely and
comfortably, rather than in an institutional setting. Eligible veterans
may be renters or homeowners, with service-related injuries, age, or
health related disabilities.
ELIGIBLE APPLICANTS
Eligible applicants for the Access to Home for Heroes/Veterans
program are units of local government and organizations incorporated
under the New York State Not-For-Profit Corporation Law, that have
been providing relevant service to the community for at least one year
prior to application.
ELIGIBLE ACTIVITIES
Grant funds may be used to assist low- and moderate-income
veterans with disabilities, in making accessibility modifications or
emergency home repairs to their primary residences. Accessibility
modifications must be designed to address substantial limitation
caused by a disability or improve activities of daily living within
and/or access to the veteran’s primary residence. Examples include
wheelchair ramps and lifts, handrails, doorway widening, and roll-in
showers. Review the Access to Home for Heroes/Veterans Program
Manual for more information related to eligible activities: https://
hcr.ny.gov/access-home#program-manual.
FUNDING LIMITS
D The minimum request amount is $75,000. The maximum request
amount is $300,000.
DA maximum of $25,000 per unit is allowable. This cap is inclusive
of both hard costs for accessibility modifications, soft costs, and proj-
ect delivery fees.
D Applicants may budget 7.5 percent of the requested amount for
eligible administrative costs.
DApplicants may budget up to 5 percent of project costs for eligible
soft costs and project delivery costs.
ACCESS TO HOME FOR MEDICAID RECIPIENTS PROGRAM
PROGRAM DESCRIPTION
The Access to Home for Medicaid Recipients program was devel-
oped in partnership with the New York State Department of Health
(DOH). This program provides financial assistance to make dwelling
units accessible for low- and moderate-income persons receiving
Medicaid and living with a disability. Accessibility modifications will
enable Medicaid recipients with a disability to live in their residences
95
safely and comfortably, rather than in an institutional setting. The Ac-
cess to Home for Medicaid Recipients program has a secondary long-
term goal of lowering health care costs.
ELIGIBLE APPLICANTS
Eligible applicants for the Access to Home for Medicaid Recipients
program are units of local government and organizations incorporated
under the New York State Not-For-Profit Corporation Law, that have
been providing relevant service to the community for at least one year
prior to application.
ELIGIBLE ACTIVITIES
Grant funds may be used to assist low- and moderate-income
Medicaid recipients with disabilities, in making accessibility modifica-
tions to their primary residences. Accessibility modifications must be
designed to address substantial limitation caused by a disability or
improve activities of daily living within and/or access to the dwelling
unit. Examples include wheelchair ramps and lifts, handrails, doorway
widening, and roll-in showers. Review the Access to Home for
Medicaid Recipients Program Manual for more information related to
eligible activities: https://hcr.ny.gov/access-home#program-manual.
FUNDING LIMITS
D The minimum request amount is $75,000. The maximum request
amount is $300,000.
DA maximum of $25,000 per unit is allowable. This cap is inclusive
of both hard costs for accessibility modifications, soft costs, and proj-
ect delivery fees.
DApplicants may budget 7.5 percent of the request amount for
eligible administrative costs.
DApplicants may budget up to 5 percent of project costs for eligible
soft costs and project delivery costs.
MOBILE & MANUFACTURED HOME REPLACEMENT PRO-
GRAM
PROGRAM DESCRIPTION
The Mobile and Manufactured Home Replacement program was
developed to assist low- and moderate-income homeowners to replace
dilapidated mobile or manufactured homes that are sited on land
owned by the homeowner with a new manufactured, modular, or site-
built home.
ELIGIBLE APPLICANTS
Eligible applicants for the Mobile and Manufactured Home Re-
placement program are units of local government and not-for-profit
corporations with substantial experience in affordable housing.
ELIGIBLE ACTIVITIES
Costs related to the replacement of dilapidated mobile or manufac-
tured homes will be eligible for grant reimbursement. These costs
include, but are not limited to:
- Demolition, removal, disposal of the dilapidated units;
- Purchase of new replacement manufactured units and site prepara-
tion;
- Construction of replacement housing units;
- Temporary relocation assistance;
- Permitting, environmental review, and testing.
FUNDING LIMITS
DThe minimum request amount is $200,000. The maximum request
amount is $500,000.
D A maximum of $100,000 per property is allowable. This cap is
inclusive of both hard and soft costs for the replacement of a mobile
or manufactured home.
D Applicants may budget 7.5 percent of the requested amount for
eligible administrative costs.
DApplicants may budget up to 10 percent of project costs for
eligible soft costs and project delivery costs.
D Preference may be given to applicants pursuing multiple sources
of funds to cover increased project costs and ensure a greater number
of program participants. Other funding sources to be leveraged must
be relevant to the proposed application and their proposed use
documented, along with proof that funds are available and committed
at the time of application. Documentation of a pending application to
another HCR program is also acceptable.
RESTORE PROGRAM
PROGRAM DESCRIPTION
The Residential Emergency Services to Offer (Home) Repairs to
the Elderly (RESTORE) program provides financial resources to as-
sist senior citizen homeowners, sixty years of age and older, with the
cost of addressing emergency home repairs or code violations that
pose a threat to their health and safety, or affect the livability of their
home. Assistance with the cost of these critical repairs will enable
seniors to continue to live independently in their homes.
ELIGIBLE APPLICANTS
Eligible applicants for the RESTORE program are units of local
government and not-for-profit corporations that have been providing
relevant service to the community for at least one year prior to
application.
ELIGIBLE ACTIVITIES
Grant funds may be used to assist homeowners to complete emer-
gency repairs. An eligible emergency repair eliminates a hazardous
condition or deficiency that poses an immediate threat to the life,
health or safety or the homeowner. Review the RESTORE Program
Manual for more information related to eligible activities: https://
hcr.ny.gov/restore-program#program-manual.
FUNDING LIMITS
D The minimum request amount is $75,000. The maximum request
amount is $200,000.
D A maximum of $10,000 per building is allowable. This cap is
inclusive of both hard costs for accessibility modifications, soft costs
and project delivery fees.
D Applicants may budget 7.5 percent of the requested amount for
eligible administrative costs.
DApplicants may budget up to 5 percent of project costs for eligible
soft costs and project delivery costs.
GENERAL REQUIREMENTS
The Office of Community Renewal (OCR) reserves the right to
reject any and all proposals, to negotiate with applicants, recommend
funding in an amount less than requested, conduct site visits, interview
the applicant and development team, extend the submission deadline,
and request additional information. OCR reserves the right to waive or
modify any requirement contained in the Request for Application and
applications received subject to the applicable statutes and the
Program Regulations.
MINORITY- AND WOMEN-OWNED BUSINESS ENTER-
PRISES (M/WBE) COMPLIANCE
Recipients of awards are subject to Article 15A and 17-B of the
New York State Executive Law. These requirements include equal
employment opportunities for minority group members and women
(“EEO”) and contracting opportunities for certified minority and
women-owned business enterprises (“MWBEs”) and Service-Disabled
Veteran-Owned Businesses (“SDVOBs”). Recipient’s demonstration
of “good faith efforts” pursuant to 5 NYCRR § 142.8 shall be a part of
these requirements.
CONTACT INFORMATION
Applicants may make a request, based on demonstrated need, to
submit a paper application in lieu of using the CDOL application
system. Requests for approval to submit a paper application must be
sent to: Crystal Loffler, President, Office of Community Renewal,
NYS Homes and Community Renewal, Hampton Plaza, 38-40 State
Street, 4th Floor South, Albany, NY 12207.
The above-stated application deadlines are firm as to date and hour.
In the interest of fairness to all competing applicants, applications
received after the specified date and time will be deemed ineligible
and will not be considered for funding. Applicants should make early
submission of the applications to avoid risks of ineligibility resulting
from unanticipated delays or other delivery-related problems.
For inquiries or technical assistance regarding these programs
please contact: Home and Community Renewal, Office of Community
NYS Register/May 11, 2022Availability of Funds
96
Renewal, at the above address or call (518) 474-2057, e-mail:
OCRinfo@hcr.ny.gov
Housing Trust Fund Corporation
Office of Community Renewal
38-40 State St., 4th Fl. S
Albany, NY 12207
NON-ENTITLEMENT VILLAGES, TOWNS, CITIES, OR COUN-
TIES THROUGHOUT NEW YORK STATE, EXCLUDING MET-
ROPOLITAN CITIES, URBAN COUNTIES,AND INDIAN TRIBES
THAT ARE HUD DESIGNATED ENTITLEMENT COMMUNI-
TIES, UNITS OF LOCAL GOVERNMENT, TO INCLUDE COUN-
TIES, CITIES, TOWNS AND VILLAGES, NON-PROFIT CORPO-
RATIONS INCORPORATED UNDER STATE NON-PROFIT
CORPORATION LAW, PUBLIC HOUSING AUTHORITIES
NYS Community Development Block Grant Funding for Public
Infrastructure, Public Facilities and Community Planning, NYS
Community Development Block Grant Funding for Housing
Activities, NYS HOME Program
The Housing Trust Fund Corporation (HTFC) announces the avail-
ability of approximately $40 million of Federal funds for the follow-
ing programs:
D $20 million - NYS Community Development Block Grant fund-
ing for Public Infrastructure, Public Facilities and Community Plan-
ning
D $10 million - NYS Community Development Block Grant fund-
ing for Housing Activities
D$10 million - NYS HOME Program
These amounts are provided as guidelines for expected awards and
the HTFC reserves the right to award additional funds, a portion of, or
none of the funds based on funding availability.
NYS COMMUNITY DEVELOPMENT BLOCK GRANT PRO-
GRAM
PROGRAM DESCRIPTION
The New York State Community Development Block Grant Pro-
gram (CDBG) is a federally funded program administered by the
Housing Trust Fund Corporation’s (HTFC) Office of Community Re-
newal (OCR). The program provides resources to non-entitlement
communities to enable the development of decent, affordable housing,
create suitable living environments, and enhance economic opportuni-
ties across the state.
CDBG ELIGIBLE APPLICANTS
Eligible applicants include non-entitlement villages, towns, cities,
or counties throughout New York State, excluding metropolitan cities,
urban counties, and Indian Tribes that are HUD designated Entitle-
ment communities. Non-entitlement areas are generally defined as cit-
ies, towns, and villages with populations of less than 50,000 except
those designated principal cities of Metropolitan Statistical Areas, and
counties with populations of less than 200,000.
$20 million in NYS Community Development Block Grant funding
is available for public infrastructure, public facilities, and community
planning.
Public Infrastructure
The NYS CDBG Public Infrastructure program consists of two
funding activities: drinking water, and clean water/stormwater
management. Eligible projects for NYS CDBG Public Infrastructure
may include the repair or replacement of existing systems, construc-
tion of new systems, or expansion of existing systems into areas previ-
ously unserved that follow the NYS Smart Growth Public Infrastruc-
ture Act (Chapter 433 of the Laws of 2010) and principally benefit
low- and moderate-income persons. Under the Public Infrastructure
category, the benefit to low- and moderate-income persons is most
achieved through an area benefit.
Public Facilities
The NYS CDBG Public Facility program activities include, but are
not limited to, structures to house or serve special-needs populations;
senior services; childcare centers; removal of architectural barriers for
the disabled (installing lifts, automatic doors, ramps, etc.); sidewalks;
and multi-purpose buildings housing several qualifying activities
where benefits are provided principally to low-and moderate-income
persons. Removal of architectural barriers is not eligible in new
construction. Under the Public Facilities category, the benefit to low-
and moderate-income persons is achieved most through a presumed
benefit, which is applicable for seniors, the severely disabled, or
abused children. National Objective compliance for public facilities
can also be met through the Low/Mod Area (LMA) benefit.
Community Planning
The NYS CDBG Planning program consists of two activities: Com-
munity Needs Assessments and Preliminary Engineering Reports. Any
planning proposal must address an activity that at application and
upon implementation, meets at least one of two national objectives
under the CDBG program. That is, it must be shown that either 1) at
least 51% of the persons who would benefit from implementation of
the plan are low- and moderate- income persons, or 2) the plan ad-
dresses a slum or blighted area in the community.
2022 MAXIMUM FUNDING LIMITS
CDBG Infrastructure, Facilities, and Planning Activities
Public Infrastructure Maximum
Counties, Towns, Cities or Vil-
lages
$1,000,000
*With NYS Co-Funding Initia-
tive
$1,250,000
Joint Applicants $1,500,000
*Joint w/Co-Funding Initiative $1,750,000
Public Facilities
Counties, Towns, Cities or Vil-
lages
$ 300,000
Planning
Counties, Towns, Cities or Vil-
lages
$ 50,000
Preference may be given to applicants pursuing multiple sources of
funds to cover increased project costs and ensure a greater number of
program participants. Other funding sources to be leveraged must be
relevant to the proposed application and their proposed use docu-
mented, along with proof that funds are available and committed at
the time of application. Documentation of a pending application to an-
other HCR program is also acceptable.
APPLICATION FOR FUNDING
The 2022 Application for CDBG Infrastructure, Facilities and Plan-
ning Activities will be available on the NYS Consolidated Planning
Application (CFA). All application forms and program guidance will
be available on the NYS Homes and Community Renewal website,
under Funding Opportunities on Monday, May 2, 2022. Applications
are due no later than 4:00 pm Friday, July 29, 2022. Applications must
be submitted using the Consolidated Funding Application (CFA).
$10 million in NYS Community Development Block Grant funding
is available for housing activities.
CDBG Housing Activities
CDBG funds are available for housing activities including housing
rehabilitation, manufactured housing replacement, homebuyer down
payment assistance, well and septic replacement, and lateral connec-
tion assistance that primarily benefit low- and moderate-income
persons.
2022 MAXIMUM FUNDING LIMITS
CDBG Housing Activities
Housing Rehabilitation, Homebuyer Down Payment, Wells-Septic
and Laterals
Towns, Cities and Villages: $ 500,000
NYS Register/May 11, 2022 Availability of Funds
97
Counties: $1,000,000
Manufactured Housing Replace-
ment
Towns, Cities and Villages: $ 750,000
Counties: $1,500,000
Preference may be given to applicants pursuing multiple sources of
funds to cover increased project costs and ensure a greater number of
program participants. Other funding sources to be leveraged must be
relevant to the proposed application and their proposed use docu-
mented along with proof that funds are available and committed at the
time of application. Documentation of a pending application to an-
other HCR program is also acceptable.
Application materials for the 2022 CDBG Housing Activities will
be available on the NYS Homes and Community Renewal website,
https://hcr.ny.gov/, by Wednesday, May 11, 2022. Applications for
CDBG Housing Activities will be accepted until 4:00 pm Friday,
August 26, 2022. Applications must be submitted using the Com-
munity Development Online Application System (CDOL).
$10 million in NYS HOME Program funding is available for hous-
ing activities.
PROGRAM DESCRIPTION
The NYS HOME Program is a federally funded program adminis-
tered by the Housing Trust Fund Corporation’s (HTFC) Office of
Community Renewal (OCR). The program is designed to fund resi-
dential housing activities to expand the supply of decent, safe, and af-
fordable housing throughout the State of New York. The funds made
available in this NOFA represent 2022 and prior fiscal year HOME
funds designated for use by Local Program Administrators (LPAs).
HOME ELIGIBLE APPLICANTS
Eligible applicants are defined as:
1) Units of local government, to include Counties, Cities, Towns
and Villages
2) Non-profit corporations incorporated under State Non-Profit
Corporation Law
3) Public Housing Authorities
While all areas of New York State are eligible, programs located
within another HOME Participating Jurisdiction, should provide evi-
dence of funding commitments from the alternative local HOME PJ
leveraging additional funds for the program and reducing funds
needed from the NYS HOME Program.
To be eligible to apply, applicants must have been in existence for
at least one year prior to application and providing recent and relevant
residential housing services to the community.
Applicants must demonstrate a local market need for the proposed
activity in the service area, capacity to administer and complete the
program in the contract term, and knowledge of HOME program
regulations.
HOME ELIGIBLE ACTIVITIES
HOME funds are available for housing activities including housing
rehabilitation, manufactured housing replacement, homebuyer down
payment assistance and tenant based rental assistance (TBRA).
HOME MAXIMUM AWARD AMOUNTS, MAXIMUM PER
UNIT AMOUNTS
1. Housing Rehabilitation
Maximum Award up to $600,000 – Maximum Per-unit up to
$65,000
2. Manufactured Housing Replacement
Maximum Award up to $1,400,000 – Maximum Per-unit up to
$140,000
3. Homebuyer Down Payment Assistance
Without Rehabilitation- Maximum Award up to $800,000 – Maxi-
mum Per-unit up to $80,000
With Rehabilitation- Maximum Award up to $800,000 – Maximum
Per-unit up to $100,000
4. Tenant Based Rental Assistance (TBRA)
Maximum Award up to $600,000 – Maximum Per-unit up to
$50,000
Preference may be given to applicants pursuing multiple sources of
funds to cover increased project costs and ensure a greater number of
program participants. Other funding sources to be leveraged must be
relevant to the proposed application and their proposed use docu-
mented along with proof that funds are available and committed at the
time of application. Documentation of a pending application to an-
other HCR program is also acceptable.
APPLICATION FOR FUNDING
Application materials for the 2022 NYS HOME Local Program
will be available on the NYS Homes & Community Renewal website,
https://hcr.ny.gov/nys-home-program by Wednesday, August 3, 2022.
Applications for 2022 NYS HOME funding round will be accepted
until 4:00 pm Friday, September 23, 2022. Applications must be
submitted using the Community Development Online Application
System (CDOL).
CONTACT INFORMATION
Applicants may make a request, based on demonstrated need, to
submit a paper application in lieu of using the CDOL application
system. Requests for approval to submit a paper application must be
sent to: Crystal Loffler, President, Office of Community Renewal,
NYS Homes and Community Renewal, Hampton Plaza, 38-40 State
Street, 4th Floor South, Albany, NY 12207.
The above-stated application deadlines are firm as to date and hour.
In the interest of fairness to all competing applicants, applications
received after the specified date and time will be deemed ineligible
and will not be considered for funding. Applicants should make early
submission of the applications to avoid risks of ineligibility resulting
from unanticipated delays or other delivery-related problems.
For inquiries or technical assistance regarding the NYS CDBG or
NYS HOME programs, please contact: Home and Community Re-
newal, Office of Community Renewal, at the above address or call
(518) 474-2057, e-mail: OCRinfo@hcr.ny.gov
NYS Register/May 11, 2022Availability of Funds
98
M
ISCELLANEOU
S
NOTICES/HEARINGS
Notice of Abandoned Property
Received by the State Comptroller
Pursuant to provisions of the Abandoned Property Law and related
laws, the Office of the State Comptroller receives unclaimed monies
and other property deemed abandoned. A list of the names and last
known addresses of the entitled owners of this abandoned property is
maintained by the office in accordance with Section 1401 of the
Abandoned Property Law. Interested parties may inquire if they ap-
pear on the Abandoned Property Listing by contacting the Office of
Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30
p.m., at:
1-800-221-9311
or visit our web site at:
www.osc.state.ny.us
Claims for abandoned property must be filed with the New York
State Comptroller’s Office of Unclaimed Funds as provided in Section
1406 of the Abandoned Property Law. For further information contact:
Office of the State Comptroller, Office of Unclaimed Funds, 110 State
St., Albany, NY 12236.
PUBLIC NOTICE
Department of Health
Pursuant to 42 CFR Section 447.205, the Department of Health
hereby gives public notice of the following:
The Department of Health proposes to amend the Title XIX
(Medicaid) State Plan for all services to comply with enacted statutory
provisions. The following changes are proposed:
Long Term Care Services
The following is a clarification to the December 29, 2021 noticed
provision to implement a rate adjustment for residential health care fa-
cilities meeting the requirements set forth in section 2828 of the Pub-
lic Health Law and implementing regulations. Effective on or after
April 1, 2022, this rate adjustment will support increases in resident-
facing staffing services provided by registered nurses, licensed practi-
cal nurses, certified nurse aides, and nurse aides in accordance with
standards set forth in section 2895-b of the Public Health Law and
implementing regulations, which shall be sufficient to attain the high-
est practicable physical, mental, and psychological well-being of the
residents of such residential health care facilities.
With clarification, the annual net aggregate increase in gross
Medicaid expenditures, contained in the SFY 2023 Budget, will be
$187 million.
The public is invited to review and comment on this proposed State
Plan Amendment, a copy of which will be available for public review
on the Department’s website at http://www.health.ny.gov/regulations/
state_plans/status. Individuals without Internet access may view the
State Plan Amendments at any local (county) social services district.
For the New York City district, copies will be available at the fol-
lowing places:
New York County
250 Church Street
New York, New York 10018
Queens County, Queens Center
3220 Northern Boulevard
Long Island City, New York 11101
Kings County, Fulton Center
114 Willoughby Street
Brooklyn, New York 11201
Bronx County, Tremont Center
1916 Monterey Avenue
Bronx, New York 10457
Richmond County, Richmond Center
95 Central Avenue, St. George
Staten Island, New York 10301
For further information and to review and comment, please contact:
Department of Health, Division of Finance and Rate Setting, 99
Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY
12210, [email protected].gov
PUBLIC NOTICE
Department of State
F-2022-0070
Date of Issuance – May 11, 2022
The New York State Department of State (DOS) is required by
Federal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act of 1972, as amended.
The applicant has certified that the proposed activity complies with
and will be conducted in a manner consistent with the approved New
York State Coastal Management Program. The applicant’s consis-
tency certification and accompanying public information and data are
available for inspection on the New York State Department of State’s
website at https://dos.ny.gov/system/files/documents/2022/05/f-2022-
0070.pdf.
In F-2022-0070, or the “Somekh – Quogue Residential Project”,
the applicant – Edward & Elizabeth Somekh – proposes the construc-
tion of four foot wide by sixty-eight foot open grate catwalk from the
existing stonewall. The catwalk will lead to a seasonal three foot by
fifteen foot ramp and a seasonal six foot by twenty foot float. The
construction of an one hundred eighty-five linear feet of one foot wide
by four foot high stone wall is proposed above the Mean High Water
Mark as a pool code stone retaining wall. Existing sandbags will be
replaced with twelve inch to three foot rip rap boulders above the
Mean High Water Mark at the eastern portion of the property. Ap-
proximately twenty cubic yards of material above Mean High Water
will be cut and approximately three hundred cubic yards of fill will be
placed landward of the proposed wall.
The purpose of the proposed project is for “safe recreational moor-
ing, dock reconstruction and shoreline stabilization”. The project will
occur at 17 Bay Road, in the Village of Quogue, Suffolk County on
the Stone Creek.
Any interested parties and/or agencies desiring to express their
views concerning the above proposed activities may do so by filing
99
their comments, in writing, no later than 4:30 p.m., 30 days from the
date of publication of this notice, or, June 10, 2021.
Comments should be addressed to: Consistency Review Unit,
Department of State, Planning, Development and Community Infra-
structure, One Commerce Plaza, 99 Washington Ave., Albany, NY
12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions
can be made by email at: [email protected].gov
This notice is promulgated in accordance with Title 15, Code of
Federal Regulations, Part 930.
PUBLIC NOTICE
Department of State
F-2022-0259
Date of Issuance – May 11, 2022
The New York State Department of State (DOS) is required by
Federal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act (CZMA) of 1972, as
amended.
The applicant has certified that the proposed activities comply with
and will be conducted in a manner consistent with the federally ap-
proved New York State Coastal Management Program (NYSCMP).
The applicant’s consistency certification and accompanying public in-
formation and data are available for inspection at the New York State
Department of State offices located at One Commerce Plaza, 99
Washington Avenue, in Albany, New York.
In F-2022-0259, Dana Didriksen is proposing to construct a 4’ x
130’ fixed angled pier, with a removable ships ladder at the waterward
end of the pier. The pier is to have railings and water/electric utilities.
The project is located on Fishers Island Sound at 6180 Clay Point
Road, Fishers Island, NY 11963.
The applicant’s consistency certification and supporting informa-
tion are available for review at: https://dos.ny.gov/system/files/
documents/2022/05/f-2022-0259didriksen.pdf or at https://dos.ny.gov/
public-notices
Any interested parties and/or agencies desiring to express their
views concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days from
the date of publication of this notice or June 10, 2022.
Comments should be addressed to: 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. Electronic submissions can
be made by email at: [email protected].gov
This notice is promulgated in accordance with Title 15, Code of
Federal Regulations, Part 930.
PUBLIC NOTICE
Department of State
F-2022-0274
Date of Issuance – May 11, 2022
The New York State Department of State (DOS) is required by
Federal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act (CZMA) of 1972, as
amended.
The applicant has certified that the proposed activities comply with
and will be conducted in a manner consistent with the federally ap-
proved New York State Coastal Management Program (NYSCMP).
The applicant’s consistency certification and accompanying public in-
formation and data are available for inspection at the New York State
Department of State offices located at One Commerce Plaza, 99
Washington Avenue, in Albany, New York.
In F-2022-0274, the applicant, Elias Dagher, is proposing to remove
an existing wooden platform, walkway, and steps, and install new
fixed timber dock consisting of a 4' x 74' fixed open-grate decking
timber catwalk, (2) 4' x 6' steps perpendicular to pier, and a 3' x 14'
hinged ramp leading to a 6' x 20' “T”-shaped float secured by (2) 8-
diameter pilings. This project is located at 90 Oak Avenue, Town of
Southold, Suffolk County, Goose Creek.
The applicant’s consistency certification and supporting informa-
tion are available for review at: https://dos.ny.gov/system/files/
documents/2022/05/f-2022-0274app.pdf or at https://dos.ny.gov/
public-notices.
The proposed activity would be located within or has the potential
to affect the following Special Management or Regulated Area(s):
DTown of Southold Local Waterfront Revitalization Program:
https://dos.ny.gov/location/town-southold-local-waterfront-
revitalization-program
Any interested parties and/or agencies desiring to express their
views concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days from
the date of publication of this notice or June 10, 2022.
Comments should be addressed to: 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. Electronic submissions can
be made by email at: [email protected].gov
This notice is promulgated in accordance with Title 15, Code of
Federal Regulations, Part 930.
PUBLIC NOTICE
Department of State
F-2022-0282
Date of Issuance – May 11, 2022
The New York State Department of State (DOS) is required by
Federal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act (CZMA) of 1972, as
amended.
The applicant has certified that the proposed activities comply with
and will be conducted in a manner consistent with the federally ap-
proved New York State Coastal Management Program (NYSCMP).
The applicant’s consistency certification and accompanying public in-
formation and data are available for inspection at the New York State
Department of State offices located at One Commerce Plaza, 99
Washington Avenue, in Albany, New York.
In F-2022-0282, United Group, proposes the construction of a new
mixed-use development comprising residential, commercial, and com-
munity facility space, along with a shorefront public walkway with
new trees, sidewalks, and benches. The existing deteriorated pile-
supported platforms, and debris along the shoreline will be removed,
and a new riprap revetment will be constructed. The project site is lo-
cated on the Flushing Creek at 131-35 Roosevelt Avenue, Flushing,
NY, 11354.
The applicant’s consistency certification and supporting informa-
tion are available for review at: https://dos.ny.gov/system/files/
documents/2022/05/f-2022-0282rooseveltavenue.pdf or at https://
dos.ny.gov/public-notices
Any interested parties and/or agencies desiring to express their
views concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days from
the date of publication of this notice or June 10, 2022.
Comments should be addressed to: 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. Electronic submissions can
be made by email at: [email protected].gov
This notice is promulgated in accordance with Title 15, Code of
Federal Regulations, Part 930.
NYS Register/May 11, 2022Miscellaneous Notices/Hearings
100
PUBLIC NOTICE
Department of State
F-2022-0289
Date of Issuance – May 11, 2022
The New York State Department of State (DOS) is required by
Federal regulations to provide timely public notice for the activities
described below, which are subject to the consistency provisions of
the Federal Coastal Zone Management Act (CZMA) of 1972, as
amended.
The applicant has certified that the proposed activities comply with
and will be conducted in a manner consistent with the federally ap-
proved New York State Coastal Management Program (NYSCMP).
The applicant’s consistency certification and accompanying public in-
formation and data are available for inspection at the New York State
Department of State offices located at One Commerce Plaza, 99
Washington Avenue, in Albany, New York.
In F-2022-0289, Alan Foreman is proposing to replace an existing
jet ski lift with a 14’ x 14’ jet ski lift. Construction of a 5’ x 40’ fixed
pier, 3’ x 25’ and 2’ x 21’ ramps, 3’ x 6’ landing, and a 6’ x 12’ float.
Also, proposed is a 3’ x 70’ wavebreak. The site is located on Bellmore
Creek at 3330 Judith Drive, Bellmore, NY, 11710.
The applicant’s consistency certification and supporting informa-
tion are available for review at: https://dos.ny.gov/system/files/
documents/2022/05/f-2022-0289foreman.pdf or at https://dos.ny.gov/
public-notices
Any interested parties and/or agencies desiring to express their
views concerning any of the above proposed activities may do so by
filing their comments, in writing, no later than 4:30 p.m., 30 days from
the date of publication of this notice or June 10, 2022.
Comments should be addressed to: 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. Electronic submissions can
be made by email at: [email protected].gov
This notice is promulgated in accordance with Title 15, Code of
Federal Regulations, Part 930.
PUBLIC NOTICE
Department of State
Uniform Code Variance/Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless other-
wise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-
4073 to make appropriate arrangements.
2022-0147 Matter of the University of Rochester, 601 Elmwood
Avenue, Rochester, NY, 14642, for a variance concerning safety
requirements, including time limitations for temporary structures.
Involved is a temporary membrane structure located at 601 Elmwood
Avenue, City of Rochester, County of Monroe, State of New York.
PUBLIC NOTICE
Department of State
Uniform Code Variance/Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless other-
wise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-
4073 to make appropriate arrangements.
2022-0161 Matter of Kevin DeConinck, 95 Nichols Street, Spencer-
port, NY 14559, for a variance concerning safety requirements, includ-
ing required water supply. Involved is a single-family dwelling lo-
cated at 456 Washington Street, Town of Ogden, County of Monroe,
State of New York.
2022-0108 Matter of Lawrence James, 142 Front Street, Sche-
nectady, NY 12305, for a variance concerning safety requirements,
including requirements for a fire rated cellar ceiling. Involved is an
existing multiple residence dwelling, three stories in height, located at
111 Union Street, City of Schenectady, County of Schenectady, New
York.
PUBLIC NOTICE
Department of State
Uniform Code Variance/Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless other-
wise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-
4073 to make appropriate arrangements.
2022-0183 Matter of The Grange on Moore Wedding Pavilion lo-
cated at 11655 Moore Road, Town of Concord (County of Erie), NY,
for a variance concerning sprinkler system requirements. (Board Vari-
ance)
PUBLIC NOTICE
Department of State
Uniform Code Variance/Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless other-
wise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-
4073 to make appropriate arrangements.
2022-0193 Matter of Captain Permit, Mike Arato, 245 Route 109
Suite D, West Babylon, NY 11704, for a variance concerning safety
requirements, including the height under a girder/soffit. Involved is an
existing one-family dwelling located at 40 Roosevelt Avenue, East
Northport, Town of Huntington, NY 11746, County of Suffolk, State
of New York.
2022-0204 Matter of Christina Fry, ESQ., Seven Pine Ridge Drive,
Smithtown, NY 11787, for a variance concerning safety requirements,
including ceiling height and the height under a girder/soffit. Involved
is an existing one-family dwelling located at 57 Pleasant Street,
Huntington Station, Town of Huntington, NY 11746, County of Suf-
folk, State of New York.
PUBLIC NOTICE
Department of State
Uniform Code Variance/Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless other-
wise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-
4073 to make appropriate arrangements.
2022-0202 Matter of Glenn Laben Wedding Barn located at 388
NYS Register/May 11, 2022 Miscellaneous Notices/Hearings
101
Broadway Road, Town of Darien (County of Genesee), NY, for a vari-
ance concerning sprinkler system requirements. (Board Variance)
PUBLIC NOTICE
Department of State
Uniform Code Variance/Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless other-
wise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-
4073 to make appropriate arrangements.
2022-0205 In the matter of Eileen Bach, 117 Gray Road, Ithaca NY
14850 for a variance concerning bathroom accessibility issues at an
existing one-story, decommissioned former rail caboose on the family
farm known as Honeyberry Hill located at 117 Gray Road, Town of
Enfield, County of Tompkins, State of New York.
PUBLIC NOTICE
Department of State
Uniform Code Variance/Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless other-
wise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-
4073 to make appropriate arrangements.
2022-0108 Matter of Lawrence James, 142 Front Street, Sche-
nectady, NY, 12305, for a variance concerning safety requirements,
including fire rated cellar ceilings. Involved is a multiple family dwell-
ing located at 111 Union Street, City of Schenectady, County of
Schenectady, State of New York.
2022-0209 Matter of Ryan Sager Properties, LLC, 488 Broadway,
Apartment 312, Albany, NY 12207, for a variance concerning safety
requirements, including fire rated cellar ceilings. Involved is a multiple
family dwelling located at 1019 Wendell Avenue, City of Schenectady,
County of Schenectady, State of New York.
2022-0211 Matter of Concord Engineering, 520 South Burnt Mill
Road, Voorhees, NJ 08043, for a variance concerning safety require-
ments, including wiring of emergency systems. Involved is an existing
utility tunnel located between 79 Sheridan Avenue and 128 Orange
Street, City of Albany, County of Albany, State of New York.
PUBLIC NOTICE
Department of State
Uniform Code Variance/Appeal Petitions
Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions
below have been received by the Department of State. Unless other-
wise indicated, they involve requests for relief from provisions of the
New York State Uniform Fire Prevention and Building Code. Persons
wishing to review any petitions, provide comments, or receive actual
notices of any subsequent proceeding may contact Brian Tollisen or
Neil Collier, Building Standards and Codes, Department of State, One
Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-
4073 to make appropriate arrangements.
2022-0214 in the Matter of John D. Fuller PE PC, John D. Fuller,
Four South Street, Port Jervis, NY 12771, for a variance concerning
safety requirements, including sprinkler system. Involved is a one-
story building located at 89 Fairground Road, Town of Thompson,
NY 12701, County of Sullivan, State of New York.
2022-0216 in the Matter of D. Freeman Architect, David Freeman,
26 Sheldon Drive, Poughkeepsie, NY 12603, for a variance concern-
ing safety requirements, including ceiling height. Involved is a one
family dwelling located at 22 Windwood Drive, Town of Newburgh,
NY 12550, County of Orange, State of New York.
NYS Register/May 11, 2022Miscellaneous Notices/Hearings
102
E
XECUTIV
E
ORDERS
Executive Order No. 3.7: Continuing the Declaration of Disaster
Emergency.
WHEREAS, pursuant to Executive Order 211, issued July 6, 2021,
a statewide disaster was declared across the State due to gun violence;
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State
of New York, by virtue of the authority vested in me by the Constitu-
tion and Article 2-B of the Executive Law, York, do hereby extend the
state disaster emergency as set forth in Executive Order 211, as
continued in Executive Order 3.6, and continue the terms, conditions,
and suspensions contained in Executive Order 211, until May 21, 2022.
(L.S.) GIVEN under my hand and the Privy Seal of
the State in the City of Albany this twenty-
first day of April in the year two thousand
twenty-two.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the Governor
Executive Order No. 11.5: Declaring a Disaster Emergency in the
State of New York.
WHEREAS, New York continues to experience COVID-19 trans-
mission, with the rate of new COVID-19 hospital admissions remain-
ing at over 100 new admissions a day;
WHEREAS, the SARS-CoV-2 variant known as Omicron, deter-
mined a variant of concern by the World Health Organization and the
Centers for Disease Control and Prevention, is known to be highly-
transmissible and to necessitate that persons have additional doses of
vaccines for optimal protection;
WHEREAS, the state must pursue a coordinated approach to ensure
hospital capacity statewide is able to meet regional needs;
WHEREAS, the State government must support the municipalities
and counties in their efforts to facilitate and administer vaccinations
and tests for COVID-19, and to prevent the virus from continuing to
spread at such rates;
NOW, THEREFORE, I, Kathy Hochul, Governor of the State of
New York, by virtue of the authority vested in me by the Constitution
of the State of New York and the Laws of New York State, do hereby
continue the state disaster emergency as set forth in Executive Order
11, and continue the suspensions and modifications of law contained
in Executive Orders 11, 11.1, 11.2, 11.3, and 11.4, through May 15,
2022.
(L.S.) GIVEN under my hand and the Privy Seal of
the State in the City of Albany this fifteenth
day of April in the year two thousand twenty-
two.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the Governor
103
