December 20, 2023 DEPARTMENT OF STATE
Vol. XLV Division of Administrative Rules
Issue 51
NEW YORK STATE
REGISTER
INSIDE THIS ISSUE:
D Violations, Hearings and Enforcement
D Firearm Licensing Appeals
D General Hospital Medical Staff Recertification
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
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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 February 18, 2024
– the 45-day period expires on February 3, 2024
– the 30-day period expires on January 19, 2024
KATHY HOCHUL
GOVERNOR
ROBERT J. RODRIGUEZ
SECRETARY OF STATE
NEW YORK STATE DEPARTMENT OF STATE
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NEW YORK STATE
REGISTER
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Rule Making Activities
Agriculture and Markets, Department of
1 / Avian Influenza Control Measures (A)
Cannabis Management, Office of
1 / Violations, Hearings and Enforcement (ERP)
Criminal Justice Services, Division of
3 / Firearm Licensing Appeals (E)
Environmental Conservation, Department of
5 / Regulations on Submission of Fishing Data and Requirement for Electronic Tracking Devices on
Federally Permitted Lobster Vessels (P)
Gaming Commission, New York State
8 / Purchase Location Requirements for Lottery Courier Services (A)
9 / Lottery Prize Assignment Processing Fee (A)
Health, Department of
9 / Communicable Diseases Reporting and Control - Adding Respiratory Syncytial Virus (RSV) and
Varicella (A)
11 / General Hospital Medical Staff Recertification (P)
12 / Newborn Hearing Screening (RP)
Public Service Commission
16 / Electric Metering Equipment (A)
16 / Transfer of Electric Transmission Facilities (A)
17 / Proposed Revisions Related to the Integrated Energy Data Resource Platform (P)
17 / Notice of Intent to Submeter Electricity (P)
17 / Banked Clean Energy Standard Tier 1 Value of Distributed Energy Resources Renewable Energy
Certificates (P)
Temporary and Disability Assistance, Office of
18 / Interviews, Screenings and Assessments for Determining Eligibility for Public Assistance (PA) by
Telephone or Other Digital Means at PA Applicant’s or Recipient’s Request (A)
Workers’ Compensation Board
18 / DME Fee Schedule (P)
Hearings Scheduled for Proposed Rule Makings / 20
Action Pending Index / 21
Advertisements for Bidders/Contractors
73 / Sealed Bids
Miscellaneous Notices/Hearings
77 / Notice of Abandoned Property Received by the State Comptroller
77 / Public Notice
Executive Orders
81 / Executive Order No. 28.7: Declaring a Disaster Emergency in the State of New York
New York State Register December 20, 2023/Volume XLV, Issue 51
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 Agriculture and
Markets
NOTICE OF ADOPTION
Avian Influenza Control Measures
I.D. No. AAM-29-23-00001-A
Filing No. 1048
Filing Date: 2023-11-29
Effective Date: 2023-12-20
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Repeal of section 45.1(d); renumbering of section 45.1(o),
(p), (q), (r) to (d), (o), (p), (q); amendment of section 45.6(c)(1).
Statutory authority: Agriculture and Markets Law, sections 18 and 72
Subject: Avian Influenza Control Measures.
Purpose: To remove a duplicative definition and clarify requirements for
the movement of live poultry.
Text or summary was published in the July 19, 2023 issue of the Register,
I.D. No. AAM-29-23-00001-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Dr. Joy Bennett, DVM, Director, Division of Animal Industry,
Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, (518)
457-3502, email: [email protected].gov
Assessment of Public Comment
The agency received no public comment.
Office of Cannabis Management
NOTICE OF EMERGENCY
ADOPTION
AND REVISED RULE MAKING
NO HEARING(S) SCHEDULED
Violations, Hearings and Enforcement
I.D. No. OCM-49-22-00024-ERP
Filing No. 1059
Filing Date: 2023-12-04
Effective Date: 2023-12-04
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action Taken: Addition of Part 133 to Title 9 NYCRR.
Statutory authority: Cannabis Law, sections 13, 16, 16-a, 17, 89, 132 and
133
Finding of necessity for emergency rule: Preservation of public health,
public safety and general welfare.
Specific reasons underlying the finding of necessity: The Cannabis
Control Board (the Board) has determined it necessary to adopt this emer-
gency rule allowing the Office of Cannabis Management (the Office) to
take punitive action against any person issued a license, registration, or
permit by the Board who is found to be in violation of Cannabis Law or
other applicable regulations, and to take action against unlicensed can-
nabis businesses and other unregulated activities by extending Part 133
Emergency Regulations. The adoption of this emergency rule is necessary
to protect the public health, safety and welfare by ensuring cannabis
products meet the health and safety standards established by the Board.
These emergency regulations include substantive changes incorporating
public feedback as Part 133 makes its way through the SAPA process. Due
to the substantive nature of these changes to the current emergency regula-
tions, these emergency regulations would be considered a new emergency
regulation filing pursuant to Cannabis Law § 13(5), starting the time allot-
ted for emergency filings to be 120 days and a readoption of another 120
days should the Board determine it is necessary. Revised Part 133 will be
issued simultaneously with these emergency regulations.
The Board voted to adopt the two emergency rules which added
§§ 133.1 to 133.22 to Title 9 NYCRR (published and effective on April
6th, 2023 and set to expire on August 4th, 2023: which authorizes the Of-
fice to initiate investigations against licensed entities that result in a range
of categorized violation by severity, where the violation is an immediate
and severe threat to public health and safety and emergency action is war-
ranted, including summary suspension, to where the violation is inconsis-
tent with the orderly operation of a regulated business; empower the Of-
fice to seize any and all cannabis and cannabis products from unlicensed
entities, as well as require such entity to cease all cannabis related activity;
authorize the Office to refer such investigations to the Department of Tax-
ation and Finance, the district attorney, or any other civil or criminal
investigative or enforcement agencies; and provide the Office with the
ability to hold hearings in response to violations of the Cannabis Laws, re-
lated regulations or guidance, or of this emergency rule) and § 133.23 to
Title 9 NYCRR (filed and effective on June 6th, 2023 and set to expire on
October 4th, 2023: which allows the Office to send duly authorized
representatives to issue notices of violation and orders to cease unlicensed
and unregulated activity and apply warning notices on the premises of
1
unlicensed cannabis businesses, to make known to the public which busi-
nesses are dangerous to consumers due to their sales of unregulated can-
nabis or cannabinoid hemp products). The Board then voted to combine
the existing emergency regulations into one and include changes made as
a result of the assessment of public comment and the Board voted to issue
emergency regulations and revised rulemaking (filed and effective August
4, 2023 and set to expire on December 4, 2023 and revised rulemaking
was published on August 16, 2023 which started the public comment pe-
riod, set to expire on October 2, 2023). No public comments were received,
however, the Office has made several substantive procedural changes,
including an ALJ’s authority to impose a stay, allowing exceptions to
include ALJ’s finding of fact and conclusions of law, adding a process for
a certificate of compliance with any previously issued order by the Office,
and adding an appeals process of theALJ’s decision, amongst other things.
It is essential to continue to allow for this activity to occur as many of
these processes have begun and are still in the process. Without these
emergency regulations, this entire process would not have the legal
foundation necessary to create a stable and effective enforcement process
to ensure that the Legislature’s intentions, which are to decriminalize,
regulate, control, and tax adult-use cannabis and cannabis products, gener-
ate significant new revenue, make substantial investments in communities
and people most impacted by cannabis criminalization, and reduce
participation of otherwise law-abiding citizens in the unlawful market, are
accomplished.
Subject: Violations, Hearings and Enforcement.
Purpose: Establishes violations, hearings, and enforcement rules pursuant
to the Cannabis Law to further protect public health, safety, and welfare
by preventing unlawful cannabis or unsafe practices from permeating the
marketplace.
Substance of emergency/revised rule (Full text is posted at the following
State website: cannabis.ny.gov): As required by section 13, 16, 16-a, 17,
89, 132, and 133 of the Cannabis Law, Chapter II of Subtitle B of Title 9
(Executive) of the Official Compilation of Codes, Rules and Regulations
of the State of New York is amended, and new Part 133 added, to be effec-
tive upon publication of a Notice of Adoption in the New York State
Register.
§ 133.1 Definitions
Defines terms used for Part 133, including but not limited to, administra-
tive law judge (ALJ), debarment, investigation, and party.
§ 133.2 Denial of Requests for Change or Amendment of License or
Renewals of License
Establishes a process where the Office may approve or deny a change to
a license, which includes notifying the licensee if the request was ap-
proved or identifying the reasons why the request was not approved,
including any person or a particular offense or incident that does not satisfy
requirements under applicable laws and regulations, or related guidance,
then providing an opportunity to cure. Establishes a hearing process before
an ALJ, but only after the licensee and the Office fail to agree on a
proposed resolution. Requires the licensee to specifically identify facts
and issues in dispute and state the position before the ALJ at the hearing.
§ 133.3 Compliance Inspections and Enforcement Investigation
Authorizes the Office to conduct compliance inspections or enforce-
ment investigations of the licensee and any premises, any affiliated
vehicles owned, leased, or utilized by the licensee licensed by the Board.
Authorizes the Office to examine and inspect licensee records. Examina-
tion and inspection may include interviews of individuals who could be
compelled to produce documents necessary for an investigation pursuant
to a subpoena. The premises would be subject to inspection by the Office’s
authorized representatives, any peace or police officer. Requires licensees
to make themselves available and present for inspections and
investigations. Authorizes Office representatives to direct licensees to
send any cannabis, cannabis samples or products to a laboratory for testing.
Provides for immediate summary suspension of a license where a licensee
does not make themselves available for an inspection or an investigation,
for not providing documents and information requested, by not allowing
access to the licensed premises, or not cooperating with Office
representatives. Provides for seizure of cannabis or cannabis products and
stop orders being issued during an inspection or investigation by Office
representatives.
§ 133.4 Violations
Creates five violation categories, ranging in severity: Category 1 being
the most severe, where the violation is an immediate and severe threat to
public health and safety and emergency action is warranted, to Category 5
where the violation is inconsistent with the orderly operation of a regulated
business. Establishes standards where a licensee may not destroy, damage,
or conceal potential evidence of a violation unless engaged in a corrective
action plan or remediation as approved by the Office. Authorizes the Of-
fice to implement enforcement actions upon licensees violating Cannabis
Law or regulations, and sanctions may include but are not limited to civil
penalties, fees, suspension, debarment, or referral to law enforcement. The
Office may impose multiple enforcement actions or sanctions that may be
applied concurrently or consecutively.
§ 133.5 Corrective Action Plan
Requires the Office to document any violations or noncompliance
identified through inspection or investigation in a statement of findings,
which shall be responded to by the licensee in a written corrective action
plan within 15 calendar days of the date of the statement. Such plan must
address all violations and areas of noncompliance cited, an assessment
and analysis of the violation, a procedure of how the licensee will correct
such violation, an explanation of how proposed corrective actions will be
implemented and maintained, and the proposed date violations will be
corrected. Requires licensees to submit corrective action plans to the Of-
fice within 24 hours of notification of such deficiency if such violation im-
mediately jeopardizes public health and safety. Failure by licensees to
comply with these requirements may result in revocation, a civil penalty,
or permanent disbarment from engaging in business transactions with any
person licensed under Cannabis Law.
§ 133.6 Summary Suspension and Stop Work Orders
Authorizes the Office to issue summary suspension orders or stop work
orders to any licensee that has committed a Category 1 violation or failed
to make themselves or any documents available during an inspection or
investigation by the Office. Requires a licensee to immediately cease all
business activity and submit a corrective action plan. Allows licensees to
request an expedited hearing. Failure to comply with the summary suspen-
sion order or stop work order may result in the immediate revocation of
any of the licensee’s licenses and may prohibit the issuance or any new or
renewal of any existing license. Authorizes the Office to issue a stop work
order to any unlicensed person engaged in any cannabis related activity
that poses an immediate threat to the public health or safety, where such
activity may be further referred to the Department of Taxation and Finance,
the district attorney, or any other civil or criminal investigative or enforce-
ment agencies. Requires such unlicensed person to immediately cease all
cannabis related activity and authorizes the Office to seize any and all can-
nabis and cannabis related products.
§ 133.7 Grounds for Suspension, Cancellation, Revocation, or Debar-
ment of a License, and Denial of Renewal, Change, or Amendments of Li-
censes
Authorizes the Office to suspend, cancel, or revoke a license, or debar a
person from licensure, and deny the renewal or change of a license where
the information from such licensee was deceptive, false, or fraudulent or
they failed to implement a corrective action plan. Additionally, the Office
may suspend, debar, or deny renewal of such licensee if they committed or
conspired to commit activity unauthorized by the Cannabis Law, includ-
ing the diversion of cannabis or cannabis products.
§ 133.8 Notice of Hearing and Statement of Charges
Requires the Office to provide a licensee charged with a violation(s) a
reference to any applicable statutes and regulations that serves as the basis
of the violation and a statement of the matters declared comprising the
statement of charges. The notice shall also include the time, date, and
place of the hearing, and shall be served at least 30 days prior to such
hearing.
§ 133.9 Request for Adjournment
Allows for an adjournment of a hearing, provided it is made in writing
and submitted to the ALJ and other parties prior to the hearing. Adjourn-
ments are only granted by the ALJ and only after consultation with all
parties.
§ 133.10 Answer or Responsive Pleadings
Provides for serving or answering pleadings, provided they are signed
by the party or their attorney and must specify which allegations are admit-
ted, denied, or that the party has insufficient information to form an
opinion. Such answers or responsive pleadings must be served no later
than seven days before the hearing date.
§ 133.11 Amendment of Pleadings
Allows for any party to amend or supplement a pleading any time prior
to the issuance of the ALJ’s decision, upon approval of the ALJ.
§ 133.12 Service of Papers
Allows for all notices and papers connected with a hearing, other than
the notice of hearing and statement of charges, to be served by ordinary
mail.
§ 133.13 Disclosure
Provides that there shall be no disclosure between parties, including but
not limited to documents, witness lists, depositions, or other discovery.
The ALJ is not bound by the rules of discovery observed by the courts and
may not require disclosure. Allows the ALJ, upon good cause shown, to
allow responses within time periods outside of regulatory requirements
and limits or regulate the use of information disclosed by the party who
made the disclosure. The ALJ may also preclude a party, that unreason-
ably fails to respond in a timely manner, from introducing evidence or wit-
nesses not disclosed.
NYS Register/December 20, 2023Rule Making Activities
2
§ 133.14 Office of Administrative Hearings
Establishes an Office of Administrative Hearings in the Office to
conduct all adjudicatory proceedings in the Office. Establishes the ALJs
power and authority as presiding officers or hearing officers under SAPA
or other pertinent laws or regulations.
§ 133.15 Responsibilities of the Administrative Law Judge
Establishes responsibilities for the ALJs, including scheduling and
conducting all hearings, imposing a stay during a proceeding, and not to
serve in any other capacity within the Office. Specifies that the chief ALJ
will report directly to the Executive Director. The ALJs will oversee all
statements of charges and motions filed under Part 133 and make any such
decisions. Requires the ALJs to conduct hearings in a fair and impartial
manner, to have the power to rule upon requests, administer oaths and af-
firmations, issue subpoenas, summon and examine witnesses, admit and
exclude evidence, hear testimony, dismiss charges, among other powers.
Establishes recusal requirements and parameters on communications be-
tween the ALJs and the Office personnel on matters that relate to any
adjudicatory proceedings before the ALJ.
§ 133.16 Administrative Law Judge Hearings
Allows for parties to appear in person or through attorney representa-
tion and provides for how hearings will be conducted by the ALJ, among
other things, to the swearing in of witnesses, the acceptance of evidence,
and how the official record will be recorded, consolidation and severance,
intervention of another party, burden of proof and the record to be kept.
§ 133.17 Subpoenas
Requires that any subpoena(s) issued by the Office as authorized by the
Board, be governed by CPLR.
§ 133.18 Stipulations and Consent Orders
Provides for a stipulation where parties may enter for the resolution of
any or all issues prior to a Board determination, and it also provides the
Office an opportunity to issue a consent order upon agreement or stipula-
tion of the parties which will have the same force and effect as an order.
Such stipulations will require licensees to admit guilt to at least one of the
acts of misconduct alleged, agree not to contest the allegations, or assert
they cannot successfully defend themselves and they will either surrender
their license or agree to a penalty.
§ 133.19 Administrative Law Judge’s Decisions
Requires the ALJ to prepare a decision following a hearing, including
findings of facts, legal conclusions, and a proposed penalty, if any, to be
submitted to all parties and the Board; sets the standard for evaluation of
an ALJs work; and protects an ALJ from disciplinary proceedings, re-
moval, reassignment or other similar actions for rulings or decisions in
favor or disfavor of the Office.
§ 133.20 Filing of Exceptions to Administrative Law Judge’s Decisions
Allows for any party to submit exceptions to the Board’s decision for
review within 30 days of the ALJ decision. Exceptions may include find-
ings of fact, general appropriateness of the decision, and an alternative
proposed decision for consideration by the Board as well as an ALJ’s find-
ing of fact and conclusion of law, amongst other things.
§ 133.21 Determinations of the Board
Requires the Board to issue determinations in a written order and within
120 days, after reviewing the ALJ’s decision if an exception to the deci-
sion has been taken. The Board may delegate that authority to the Office.
§ 133.22 Appeal of the Determination of the Board
Grants all parties the right to appeal the determination of the Board by
commencing an Article 78 proceeding.
§ 133.23 Actions Relating to Unlicensed Activities
Authorizes the Office to initiate enforcement actions against licensed
and unlicensed persons and pursue persons engaged in illicit cannabis
activities, including the sale of unregulated, untested and potentially
unsafe cannabis products. The Office is empowered to seize any and all
cannabis, cannabis products, cannabinoid hemp or hemp extract product
from licensed and unlicensed persons, as well as require such persons to
cease all cannabis or cannabinoid hemp related activity. Establishes a pro-
cess requiring an unlicensed entity to submit an affidavit of compliance,
under penalty of perjury, for any previously issued order to close, or else
be subject to applicable per day penalties imposed for non-compliance
with the Order. Outlines appeals process of the ALJ’s decision.
§ 133.24 Severability
Provides for independent treatment of provisions that in the event any
provision or its application is found to be invalid the remaining provisions
continue to be valid.
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 7, 2022, I.D. No. OCM-
49-22-00024-EP. The emergency rule will expire April 2, 2024.
Revised rule making(s) were previously published in the State Register
on April 6, 2023 and June 21, 2023.
Emergency rule compared with proposed rule: Substantial revisions were
made in sections 133.2, 133.5, 133.8, 133.13, 133.14, 133.15, 133.16,
133.19, 133.23 and 133.24.
Text of rule and any required statements and analyses may be obtained
from: Diana Yang, Office of Cannabis Management, 1220 Washington
Avenue, Albany, NY 12226, (888) 626-5151, email:
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, Regulatory Flexibility Analysis,
Rural Area Flexibility Analysis and Job Impact Statement
A Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement is not being submitted
with these rules because changes made to the regulations do not neces-
sitate any changes to the previously published Regulatory Impact State-
ment, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and
Job Impact Statement.
Assessment of Public Comment
The agency received no public comment.
Division of Criminal Justice
Services
EMERGENCY
RULE MAKING
Firearm Licensing Appeals
I.D. No. CJS-16-23-00008-E
Filing No. 1049
Filing Date: 2023-11-29
Effective Date: 2023-11-29
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Addition of Part 6059 to Title 9 NYCRR.
Statutory authority: Executive Law, sections 235(2), 837(23)(b); Penal
Law, section 400.00(4-a)
Finding of necessity for emergency rule: Preservation of general welfare.
Specific reasons underlying the finding of necessity: I, Rossana Rosado,
Commissioner of the Division of Criminal Justice Services (DCJS), do
hereby add Part 6059 of Title 9 of the Official Compilation of Codes, Rules
and Regulations of the State of New York; and do hereby certify that the
attached text of Part 6059 of Title 9 of the Official Compilation of Codes,
Rules and Regulations is complete and accurate. Accordingly, I hereby
promulgate the attached regulations.
I determined that it is necessary for the preservation of the general
welfare of people of the State of New York that the attached regulations be
adopted on an emergency basis, as authorized by section 202(6) of the
State Administrative Procedure Act, effective immediately upon filing
with the Department of State.
The authority for the promulgation of these regulations is contained in
Executive Law § 837(23)(b), Executive Law § 235(2) and Penal Law
§ 400.00(4-a). Executive Law § 837(23)(b) and Executive Law § 235(2)
require DCJS and the New York State Police (SP) to create an Appeals
Board for the purpose of hearing certain appeals from a denial of a fire-
arms application, renewal, or recertification, or the revocation of a fire-
arms license, and to promulgate regulations governing the appeals process.
Penal Law § 400(4-a) authorizes an individual, within ninety days of
receipt of a notice of a denial of a firearms application, renewal, or
recertification, or the revocation of a firearms license, to appeal the denial
or revocation to the Appeals Board created by DCJS and SP. This section
also authorizes DCJS and SP to promulgate regulations governing the ap-
peals process.
Chapter 371 of the Laws of 2022 added Executive Law § 837(23)(b),
Executive Law § 235(2) and Penal Law § 400.00(4-a) to create a new
licensing procedure that satisfies the requirements set forth in the United
States Supreme Court decision New York State Rifle & Pistol Association,
Inc., v. Bruen, et al. The new provisions replace New York’s “proper
cause’’ requirements with a new set of requirements that protect individu-
als’ Second Amendment rights as determined by the Supreme Court. The
NYS Register/December 20, 2023 Rule Making Activities
3
Court held, among other things, that New York’s “proper cause” standard
violates the Fourteenth Amendment by preventing law-abiding citizens
with ordinary self-defense needs from exercising their Second Amend-
ment right to keep and bear arms.
The proposed regulations provide an applicant with recourse if a local
licensing officer denies or revokes a firearms license.
For that reason, it would, in this case, be contrary to the general welfare
of the People of the State of New York to adhere to the normal require-
ments of the rule-making process.
NOW, THEREFORE, be it known that the attached rules and regula-
tions are duly adopted pursuant to the authority vested in me by Executive
Law § 837(13) and shall be effective immediately upon filing with the
Department of State.
Subject: Firearm Licensing Appeals.
Purpose: Set forth an appeal process for when there is a denial of a fire-
arms application, renewal, or recertification, or revocation.
Text of emergency rule: A new Part 6059 is added to read as follows:
Part 6059. Firearm Licensing Appeals
Section 6059.1 Purpose and Scope.
(a) Pursuant to subdivision four-a of section 400.00 of the Penal Law,
subparagraph b of subdivision twenty-three of section 837 of the Execu-
tive Law, and subdivision two of section 235 of the Executive Law, the
Division of Criminal Justice Services and the Division of State Police are
responsible for promulgating rules and regulations governing the appeals
process related to the denial of firearm license applications, renewals, and
recertifications, and the revocation of firearm licenses. This Part is jointly
adopted by the Division of Criminal Justice Services and the Division of
State Police for the purpose of implementing the above-referenced statu-
tory provisions.
(b) The scope of the firearm licensing appeals process established by
this Part shall be limited to those jurisdictions in which the licensing of-
ficer responsible for the issuance of firearm licenses is a non-judicial
licensing officer.
Section 6059.2 Definitions.
As used in this Part, the following terms are defined as follows:
(a) “Appeals board” means the board established by subparagraph b
of subdivision twenty-three of section 837 of the Executive Law and
subdivision two of section 235 of the Executive Law, for the purpose of
hearing appeals as provided in subdivision four-a of section 400.00 of the
Penal Law.
(b) “Licensing officer” has the same meaning as that term is defined in
subdivision ten of section 265.00 of the New York Penal Law.
(c) “Firearm” has the same meaning as that term is defined in subdivi-
sion three of section 265.00 of the New York Penal Law.
(d) “Firearm license appeals officer” means a person or persons
designated by a non-judicial licensing officer to receive and determine ap-
peals resulting from the denial of firearm license applications, renewals,
and recertifications, and the revocation of firearm licenses that arise from
the designating licensing officer’s jurisdiction.
(e) “License” or “firearm license” means a license issued pursuant to
the provisions of section 400.00 of the New York Penal Law.
(f) “Non-judicial licensing officer” means any agency or officer of the
state or any political subdivision thereof that is a licensing officer but is
not a judge or justice of a court of record.
Section 6059.3 Composition of the Appeals Board.
The appeals board shall consist of the following members:
(a) The Commissioner of the Division of Criminal Justice Services or
their designee.
(b) The Superintendent of the Division of State Police or their designee.
(c) The firearm license appeals officer designated by the non-judicial
licensing officers within the State, who shall serve on the Appeals board
for appeals that originate from the political subdivision from which they
were appointed.
Section 6059.4 Appeal Procedures.
(a) A request to appeal must be made within ninety days of a firearm
license applicant or firearm licensee receiving written notice of the denial
of a firearm license application, renewal, or recertification, or the revoca-
tion of a firearm license. This ninety-day time limitation shall be computed
from the postmarked date of the written notification of denial or revoca-
tion issued by the licensing officer.
(b) The request to appeal shall be made in writing by mail or electronic
communication as designated on websites of the Division of Criminal
Justice Services and the Division of the State Police. The appeal shall be
directed to the appropriate firearm license appeal officer for review.
(c) A firearm license appeals officer receiving an appeal from a firearm
license applicant or firearm licensee may elect to hold a hearing, if
requested, but is not required to hold a hearing and may determine the ap-
peal based upon information received from the person requesting appeal
and the licensing officer that denied the firearm license application, re-
newal, or recertification, or revoked the firearm license.
(d) The Appeals officer shall use the requirements set forth in section
400.00 of the Penal Law to determine the appeal. The determination by
the appeals officer, after review and approval of a majority of the appeals
board members shall:
1) Issue a final determination affirming the decision by the non-
judicial licensing officer; or
2) Return the application for further review and for a final decision
by the non-judicial licensing officer if the appeals officer finds that the ap-
plication determination was not supported by substantial evidence, along
with the reasoning for the finding.
Section 6059.5 Informational Reporting.
Firearm license appeals officers shall submit quarterly reports to the
appeals board indicating, by category, the total number of appeals decided
within the quarterly reporting period resulting from: (i) denials of firearm
license applications, (ii) denials of firearm license renewals, (iii) denials
of firearm license recertifications, and (iv) revocation of firearm licenses,
and the number of such appeal decisions during the quarterly reporting
period that affirm the licensing officer’s denial of a firearm license ap-
plication, renewal, or recertification, or the revocation of a firearm license.
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. CJS-16-23-00008-EP, Issue of
April 19, 2023. The emergency rule will expire January 27, 2024.
Text of rule and any required statements and analyses may be obtained
from: Natasha Harvin-Locklear, Esq., Division of Criminal Justice Ser-
vices, 80 South Swan Street, Albany, New York 12210, (518) 457-8413,
email: [email protected].gov
Regulatory Impact Statement
1. Statutory authority: The authority for the promulgation of these
regulations is contained in Executive Law § 837(23)(b), Executive Law
§ 235(2) and Penal Law § 400.00(4-a).
Executive Law § 837(23)(b) and Executive Law § 235(2) require the
Division of Criminal Justice Services (DCJS) and the New York State Po-
lice (SP) to create an Appeals Board for the purpose of hearing appeals
from a denial of a firearms application, renewal, or recertification, or the
revocation of a firearms license, and to promulgate regulations governing
the appeals process.
Penal Law § 400(4-a) authorizes an individual, within ninety days of
receipt of a notice of a denial of a firearms application, renewal, or
recertification, or the revocation of a firearms license to appeal the denial
or revocation to request a hearing and appeals the determination to the Ap-
peals Board created by DCJS and SP. This section also authorizes DCJS
and SP to promulgate regulations governing the appeals process.
2. Legislative objectives: Chapter 371 of the Laws of 2022 added Exec-
utive Law § 837(23)(b), Executive Law § 235(2) and Penal Law
§ 400.00(4-a).
The bill provides an appeal process to ensure the system is administered
consistently and fairly across New York State. If an application for a fire-
arms license is denied, not renewed, or not recertified, or if the firearms
license is revoked, the licensing officer shall issue a written notice to the
applicant setting forth the reasons for such denial. An individual may,
within ninety days of receipt of such notice, request a hearing and appeals
the determination to the Appeals Board created by DCJS and SP. An indi-
vidual may be represented by counsel at any appearance before the Ap-
peals Board and shall be afforded an opportunity to present additional sup-
portive evidence.
Pursuant to the regulations, the Appeals Board shall consist of the Com-
missioner of DCJS (or their designee), the Superintendent of SP (or their
designee), and the firearm license appeals officer designated by the non-
judicial licensing officers within the State, who shall serve on the Appeals
board for appeals that originate from the political subdivision from which
they were appointed.
In addition, a firearm license appeals officer receiving an appeal from a
firearm license applicant or firearm licensee may elect to hold a hearing, if
requested, but is not required to hold a hearing and may determine the ap-
peal based upon information received from the person requesting appeal
and the licensing officer that denied the firearm license application, re-
newal, or recertification, or revoked the firearm license.
Further, the appeals officer shall use the requirements set forth in sec-
tion 400.00 of the Penal Law to determine the appeal. The determination
by the appeals officer, after review and approval of a majority of the ap-
peals board members shall: (1) issue a final determination affirming the
decision by the non-judicial licensing officer; or (2) return the application
for further review and for a final decision by the non-judicial licensing of-
ficer if the appeals officer finds that the application determination was not
supported by substantial evidence, along with the reasoning for the finding.
3. Needs and benefits: Chapter 371 of the Laws of 2022 added Execu-
tive Law § 837(23)(b), Executive Law § 235(2) and Penal Law
NYS Register/December 20, 2023Rule Making Activities
4
§ 400.00(4-a) to create a new licensing procedure that satisfies the require-
ments set forth in the United States Supreme Court decision New York
State Rifle & Pistol Association, Inc., v. Bruen, et al. The new provisions
replace New York’s “proper cause’’ requirements with a new set of require-
ments that protects individuals’ Second Amendment rights as determined
by the Supreme Court. The Court held, among other things, that New
York’s “proper cause” standard violates Fourteenth Amendment by
preventing law-abiding citizens with ordinary self-defense needs from
exercising their Second Amendment right to keep and bear arms.
Thus, the proposed regulations are necessary for the general welfare of
people of the State of New York. The regulations provide an applicant
with recourse if local licensing officer denies a firearms license or revokes
it. Without the regulations, when a licensing officer denies an application,
judicial review is limited. This leaves applicants little recourse if their lo-
cal licensing officer denies their firearms license or revokes it.
4. Costs: No funds were appropriated to offset any costs to regulated
parties, the agency, or State and local governments for the implementation
of and continuing compliance with the rule. However, the costs (and
potential savings) are undetermined, but are expected to include the use of
existing resources.
5. Local government mandates: The proposed regulations will require
the firearm license appeals officer designated by the non-judicial licensing
officers within the State to serve on the Appeals board for appeals that
originate from the political subdivision from which they were appointed.
Also, the firearm license appeals officer receiving an appeal from a firearm
license applicant or firearm licensee may elect to hold a hearing, if
requested, but is not required to hold a hearing and may determine the ap-
peal based upon information received from the person requesting appeal
and the licensing officer that denied the firearm license application, re-
newal, or recertification, or revoked the firearm license. In addition, the
appeals officer must use the requirements set forth in section 400.00 of the
Penal Law to determine the appeal. The determination by the appeals of-
ficer, after review and approval of a majority of the appeals board members
must: (1) issue a final determination affirming the decision by the non-
judicial licensing officer; or (2) return the application for further review
and for a final decision by the non-judicial licensing officer if the appeals
officer finds that the application determination was not supported by
substantial evidence, along with the reasoning for the finding. Further, the
firearm license appeals officers must submit quarterly reports to the ap-
peals board indicating, by category, the total number of appeals decided
within the quarterly reporting period resulting from: (1) denials of firearm
license applications, (2) denials of firearm license renewals, (3) denials of
firearm license recertifications, and (4) revocation of firearm licenses, and
the number of such appeal decisions during the quarterly reporting period
that affirm the licensing officer’s denial of a firearm license application,
renewal, or recertification, or the revocation of a firearm license.
6. Paperwork: Appeal requests shall be made in writing by mail or
electronic communication as designated on the websites of DCJS and SP.
The determination by the appeals officer, after review and approval of a
majority of the appeals board members must: (1) issue a final determina-
tion affirming the decision by the non-judicial licensing officer; or (2)
return the application for further review and for a final decision by the
non-judicial licensing officer if the appeals officer finds that the applica-
tion determination was not supported by substantial evidence, along with
the reasoning for the finding. The firearm license appeals officers must
also submit quarterly reports to the appeals board indicating, by category,
the total number of appeals decided within the quarterly reporting period
resulting from: (1) denials of firearm license applications, (2) denials of
firearm license renewals, (3) denials of firearm license recertifications, and
(4) revocation of firearm licenses, and the number of such appeal deci-
sions during the quarterly reporting period that affirm the licensing of-
ficer’s denial of a firearm license application, renewal, or recertification,
or the revocation of a firearm license.
7. Duplication: None.
8. Alternatives: There are no alternatives. The proposed rule is pursuant
to legislation and federal standards.
9. Federal standards: Chapter 371 of the Laws of 2022 added Executive
Law § 837(23)(b), Executive Law § 235(2) and Penal Law § 400.00(4-a)
to create a new licensing procedure that satisfies the requirements set forth
in the United States Supreme Court decision New York State Rifle & Pistol
Association, Inc., v. Bruen, et al. The new provisions replace New York’s
“proper cause’’ requirements with a new set of requirements that protects
individuals’ Second Amendment rights as determined by the Supreme
Court.
10. Compliance schedule: Regulated parties are expected to be able to
achieve compliance with the proposed rule as soon as it is adopted.
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for Small Businesses and Local
Governments is not being submitted with this Notice of Emergency Adop-
tion and Proposed Rule Making because it is evident from the subject mat-
ter of the regulation that it will not impose any adverse economic impact
or reporting, recordkeeping or other compliance requirements on small
businesses or local governments.
The proposed rule merely sets forth an appeal process for when there is
a denial of a firearms application, renewal, or recertification, or the revo-
cation of a firearms license.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not being submitted with this No-
tice of Emergency Adoption and Proposed Rule Making it is evident from
the subject matter of the regulation that it will not impose any adverse
impact on rural areas or reporting, recordkeeping or other compliance
requirements on public or private entities in rural areas.
The proposed rule merely sets forth an appeal process for when there is
a denial of a firearms application, renewal, or recertification, or the revo-
cation of a firearms license.
Job Impact Statement
A Job Impact Statement is not being submitted with this Notice of Emer-
gency Adoption and Proposed Rule Making because it is evident from the
subject matter of the regulation that it will have no adverse impact on jobs
or employment opportunities.
The proposed rule merely sets forth an appeal process for when there is
a denial of a firearms application, renewal, or recertification, or the revo-
cation of a firearms license.
Assessment of Public Comment
The agency received no public comment since publication of the last as-
sessment of public comment.
Department of Environmental
Conservation
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
Regulations on Submission of Fishing Data and Requirement for
Electronic Tracking Devices on Federally Permitted Lobster
Vessels
I.D. No. ENV-51-23-00002-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Addition of Part 38; amendment of Parts 39, 40, 43, 44
and 50 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 13-0329
and 13-0342
Subject: Regulations on submission of fishing data and requirement for
electronic tracking devices on federally permitted lobster vessels.
Purpose: Consolidate regulations for reporting fishery data, add rules for
electronic tracking of lobster vessels, and update address.
Public hearing(s) will be held at: 2:00 p.m., Feb. 27, 2024 at virtual.
Interpreter Service: Interpreter services will be made available to hearing
impaired persons, at no charge, upon written request submitted within rea-
sonable time prior to the scheduled public hearing. The written request
must be addressed to the agency representative designated in the paragraph
below.
Accessibility: All public hearings have been scheduled at places reason-
ably accessible to persons with a mobility impairment.
Substance of proposed rule (Full text is posted at the following State
website: https://www.dec.ny.gov/regulatory/proposed-emergency-
recently-adopted-regulations/marine-resources): The New York State
Department of Environmental Conservation (Department) proposes to
adopt a new Part 38 of 6 NYCRR entitled Marine Fisheries Data
Management. The purpose of Part 38 is to clearly delineate the rules and
regulations requiring the reporting of fishing activities to the Department,
insuring confidentially of collected fishing data, and detailing the require-
ments for tagging of fish. The rules in Part 38 shall apply to all those who
hold a Crab Permit, Food Fish and Crustacea Dealer and Shipper License,
Food Fish License, Food Fish Landing License, Lobster Permit, Lobster
Landing Permit, Marine Bait Permit, Party and Charter Boat License,
Whelk License, Gill Net License, Eel Pot License, Eel Weir License, Seine
License, Scoop/Dip/Scap Net License, Trap Net License, or Fyke Net
License.
NYS Register/December 20, 2023 Rule Making Activities
5
Fisheries data, statistics, or other information collected from individual
permit or license holders by the Department or available to the Depart-
ment from other states or the Federal Government shall be kept confidential
and shall not be disclosed except to an authorized user or when required
under court order; provided, however, that the Department may release or
make public any statistics in an aggregate or summary form (with no less
than three license holders or submitters contributing to that statistic) which
does not directly or indirectly disclose the identity of any person who
submits such statistics.
Any person holding a marine commercial fishing license shall complete
and submit on a form prescribed by the Department an accurate fishing
vessel trip report for each fishing trip, detailing all fishing activities and all
species landed. The license holder shall submit such completed and signed
fishing reports monthly to the Department within 15 days of the end of
each month or at a frequency specified by the Department in writing. If no
fishing trips were made during a month, a report must be submitted stating
no trips were made for that month. Incomplete or unsigned reports will not
satisfy these reporting requirements. The license holder may also submit
completed trip reports electronically using eTRIPS. Failure to submit the
vessel trip reports that are required i may result in fines and denial of future
applications for the licenses and permits affected pursuant to this action.
Party and Charter Boat License holders shall complete and submit on a
form prescribed by the Department an accurate fishing vessel trip report
for each fishing trip, detailing all fishing activities, including all species
landed and the number of anglers aboard. If no fishing trips were made
during a month, a report must be submitted stating no trips were made for
that month. The license holder may submit completed reports electroni-
cally using eTRIPS. Effective January 1, 2025, all Party and Charter Boat
License holders must complete and submit their vessel trip reports
electronically using eTRIPS and submit these reports within 48 hours of
the completion of each trip.
Any New York State license holder who is also the holder of a federal
vessel fishing permit issued by U.S. National Oceanic and Atmospheric
Administration (NOAA) Fisheries must only meet the reporting require-
ments specified by NOAA Fisheries. If requested in writing by the Depart-
ment, New York State permit holders who also hold federal fishing permits
shall provide the electronic vessel trip report numbers to the Department
for the month or months identified in the written notification. Holders of
federal Highly Migratory Species permits issued by NOAA Fisheries must
satisfy the reporting requirements of New York State as stated in the
paragraphs regarding commercial licenses and the Party and Charter Boat
License in addition to any federal reporting requirements.
Food Fish License holders harvesting tautog must also include the fol-
lowing information in their trip reports: tautog tag serial numbers used for
the trip, the weight of all tautog taken (in pounds), and the number of
tautog taken.
Food Fish License holders who operate federally permitted vessels and
harvest tautog must complete and submit an electronic copy of their fish-
ing vessel trip report to the Department for each commercial tautog trip.
Food Fish License holders must submit all their tautog reports, along
with the NY Tautog Tag Accounting Form, by February 15 for the previ-
ous tagging season. Food Fish license holders who fail to submit complete
and accurate reports to the Department by February 15 may not be eligible
to receive tautog tags for the following tagging season.
During the months of January, February, March, April, August,
September, October, November, and December, all Horseshoe Crab permit
holders shall submit vessel trip reports to the Department monthly. All
reports must be received by the fifth business day of the following month.
The Department reserves the right to institute weekly reporting during this
period should it be deemed necessary. During the months of May, June,
and July, Horseshoe Crab permit holders will be required to submit trip
reports to the Department on a weekly basis. Such weekly harvesting
reports shall be received by the Department by the fifth business day of the
subsequent week. All Horseshoe Crab bio-medical harvester permit hold-
ers shall file accurate and complete monthly harvesting reports of their
Horseshoe Crab fishing activities, on forms to be provided by the
Department. Reports for each month shall be submitted to the Department
by the fifth business day of the following month.
Any person who is a holder of a marine and coastal district food fish
and crustacea dealers and shippers license shall complete and submit
electronically using eDR an accurate purchase report for each purchase
made from a fishing vessel or fisherman, detailing each purchase of marine
food fish, crustacea, horseshoe crabs, and whelks. Each purchase report
must include the vessel trip report number for the fishing trip the purchase
was made from.
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. If no purchases of food fish, crustacea, horseshoe
crabs or whelks were made during that week, a report must be submitted
stating no purchases were made for the week. Incomplete reports will not
satisfy these reporting requirements. Any New York Food Fish and
Crustacea Dealer Shipper License holder who is also the holder of a federal
dealer permit issued by NOAA Fisheries must instead meet the reporting
requirements specified by NOAA fisheries.
Federally permitted vessels in the lobster and Jonah crab fisheries is-
sued commercial trap gear area permits are required to install an Atlantic
States Marine Fisheries Commission approved electronic tracking device
to collect and transmit spatial data in order to participate in the lobster or
Jonah crab trap gear fisheries. Federally permitted vessels without an ap-
proved electronic tracking device are prohibited from landing lobster or
Jonah crab taken with trap gear.
Federal permit holders are required to install and activate the tracking
device prior to beginning a lobster or Jonah crab fishing trip with trap
gear. The Department is not required to aid with the installation or
troubleshooting of vessel trackers.
The permit holder must complete, sign, date, and return an affidavit for
tracking device certification to the Department prior to departing on the
first fishing trip after the program implementation date of December 15,
2023.
The device must remain on board the vessel and powered at all times
when the vessel is in the water, unless the device is authorized to power
down by the principal port state.
These requirements apply to all federal permit holders with commercial
trap gear in Lobster Management Areas 1, 2, 3, 4, 5 and the outer Cape
Cod area.
The Department proposes to repeal and renumber sections throughout 6
NYCRR Subchapter F to reflect the relevant regulations being moved
from other Parts into the new Part 38. The Department also proposes to
amend language throughout 6 NYCRR Subchapter F regarding references
to the Division of Marine Resources. Where the text specifies “Chief” or
“Bureau,” it has been updated to “Director” or “Division” respectively.
Where the text references Part 175, it has been updated to Part 39. Where
the text specifies the address “205 N. Belle Mead Road, Suite 1, E.
Setauket, NY 11733,” it has been replaced with “123 Kings Park Boule-
vard, Nissequogue River State Park, Kings Park, NY 11754.”
Text of proposed rule and any required statements and analyses may be
obtained from: Maureen Davidson, Department of Environmental Con-
servation, 123 Kings Park Blvd., Kings Park, New York 11754, (631) 444-
0483, email: [email protected].gov
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: Five days after the last scheduled
public hearing.
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.
Regulatory Impact Statement
1. Statutory authority:
Environmental Conservation Law (ECL) section 13-0342 authorizes
the Department of Environmental Conservation (Department) to adopt
regulations requiring the reporting of catch, effort, area fished, gear used,
bycatch, and volume and value of product purchased from fishermen by
holders of all categories of food fish, lobster, crab; and food fish and
crustacea dealers and shippers licenses; and party and charter vessel
licenses.
ECL section 13-0329(16) authorizes the Department to adopt regula-
tions for Atlantic States Marine Fisheries Commission (ASMFC) Areas
One, Two, Three, Four, Five, and Outer Cape Cod to implement conserva-
tion measures that affect landings of lobsters, pursuant to the recommenda-
tions of the respective Area’s Lobster Conservation Management Team as
required by the Interstate Fishery Management Plan (FMP) for American
Lobster adopted by ASMFC.
2. Legislative objectives:
The objective of the legislation cited above (ECL 13-0342) is to autho-
rize the Department to collect pertinent information concerning fishing
activities from state licensed commercial fishermen, food fish and
crustacea dealers and shippers, and party and charter boat businesses. The
information submitted by licensed harvesters and food fish and crustacea
dealers and shippers is used by the Department, the New England Fishery
Management Council, Mid-Atlantic Fishery Management Council,
ASMFC, and National Oceanographic and Atmospheric Administration
(NOAA) Fisheries to develop, implement and monitor fishery manage-
ment strategies. The information is also used in fishery quota distributions,
ocean use analyses, fishery economic studies, and scientific research. It is
the intent of the above cited legislation that the Department be provided
with the appropriate fishery information needed to develop and implement
suitable fishery management measures that promote prudent and sustain-
able utilization of the marine resources within the state’s marine waters.
The objective of the legislation cited above (ECL 13-0329) is to autho-
NYS Register/December 20, 2023Rule Making Activities
6
rize the Department to adopt regulations that implement conservation
measures that affect the landings of lobster and that are required by
ASMFC.
3. Needs and benefits:
This rulemaking consolidates and clarifies existing regulations that
require and manage the reporting of fishing and purchasing activities by
fishermen and seafood dealers. These regulations are already in place in
Parts 40, 44, and 50. This rulemaking unifies these rules in a single place
in the proposed Part 38. One of the purposes of this rule is to make the
requirements for reporting fishing activities easier for the public to find
and understand.
This rulemaking will also update state reporting regulations to be con-
sistent with NOAA Fisheries federal reporting regulations for party and
charter (for-hire) boat license holders. The new regulations would require
party and charter boat license holders to submit fishing trip reports online
within 48 hours of the end of the fishing trip. This rulemaking will ensure
that state reporting regulations are consistent with federal rules that require
online submission of trip reports.
This rulemaking will ensure that New York remains in compliance with
the ASMFC FMPs for American lobster and Jonah crab by implementing
the requirement for the use of electronic tracking devices on lobster ves-
sels in certain federal waters. Electronic tracking devices are used to col-
lect high resolution spatial and temporal data to characterize fishing effort
in the federal American lobster and Jonah crab fisheries. These data will
improve the precision of spatial data, provide fishery effort data (details on
vertical buoy lines), and aid in determining risk reduction efforts to protect
the endangered North Atlantic right whale. These data will also provide
information for marine spatial planning for offshore wind and aquaculture
planning projects. Addendum XXIX to ASMFC’s American Lobster FMP
and Addendum IV to the Jonah Crab FMP require New York State to adopt
regulations requiring the use of electronic tracking devices on lobster ves-
sels in certain federal waters by December 15, 2023. The Department
should adopt this rulemaking as soon as possible to maintain compliance
with the ASMFC FMPs.
4. Costs:
(a) Costs to regulated parties for the implementation of and continuing
compliance with the rule:
There are no new costs to holders of food fish, crab, or food fish and
crustacea dealer and shipper from this proposed amendment. These
regulated parties are already subject to reporting requirements in existing
regulations. There may be some costs to party and charter boat license
holders to comply with the requirement to submit vessel trip reports online
to the Atlantic Coastal Cooperative Statistics Program if the party and
charter boat license holder does not have computer, cell phone, tablet, or
access to the internet. Devices used to access the internet range in price
from $40 for a tablet to $1,500 for a well set up computer or laptop.
Internet access plans range in price from $25 to $100 per month. New
York State party and charter boat license holders who also hold federal
permits must submit vessel trip reports online under federal regulations
and therefore would not incur any new costs.
There are some potential costs for New York State based lobster trap
permit holders since they will be required to install an electronic tracking
device on their fishing vessel. Eleven active federal lobster trap permit
holders have New York as their principal port; eight of them fish in areas
where electronic devices will be required. The other three permit holders
fish in an area exempt from the requirement for tracking devices.
Estimated costs for cellular based tracking devices range from $150 to
$650 for the initial purchase of the tracking unit, and annual data service
plans that would meet the proposed tracking requirements range from
$191 to $420 per year. Last year, Congress appropriated $89,000 to New
York State to defray the costs of the tracking devices and necessary cel-
lular data account (costs for the cellular account will be defrayed three
years). ASMFC will provide outreach and assistance to New York State
licensed federal lobster trap permit holders in applying for and receiving
the funding. Under federal regulations, any lobster trap permit holder fish-
ing in non-exempt federal waters will be required to install a tracking de-
vice on their vessel. Therefore, New York permit holders will not incur
any costs above and beyond costs already incurred by compliance with the
federal regulations.
(b) Costs to agency, the state and local governments for the implementa-
tion and continuation of the rule:
The Department will incur limited costs associated with the implemen-
tation and administration of these rules, including the costs relating to
notifying license holders of the new rules.
There are no new costs to state government resulting from this action.
There will be no costs to local governments.
5. Local government mandates:
This rulemaking imposes no mandates on local governments.
6. Paperwork:
This rulemaking does not impose any new reporting requirements. Fish-
ing reporting requirements have been in effect since 2004. This rule
consolidates and clarifies already existing rules.
7. Duplication:
This rule does not duplicate any already existing rule. NOAA Fisheries
does require federally permitted fishermen to submit fishing trip reports
however, the Department does not require most federal permitted fisher-
men to submit trip reports.
8. Alternatives:
No Action Alternative - If the Department does not promulgate this
draft rule, the reporting requirements for state commercial fishermen, food
fish and crustacea dealers/shippers and party and charter boat businesses
will continue to be vague and duplicated in several places in regulations.
In addition, the current state reporting regulations no longer conform to
current federal regulations. Furthermore, the Department must adopt the
use of electronic tracking devices on federally permitted lobsters vessels
by December 15, 2023, to remain in compliance with Addendum XXIX to
the American Lobster FMP and Addendum IV to the Jonah Crab FMP
(both from ASMFC). The no action alternative was rejected.
9. Federal standards:
These amendments to 6 NYCRR are in compliance with the fishery
data collection standards set by the Atlantic Coastal Cooperative Statistics
Program. These amendments are also compliant with ASMFC FMPs.
10. Compliance schedule:
Affected license and permit holders will be notified by mail, email, text
messaging, through appropriate news releases, and on the Department’s
website of the changes to the regulations. The proposed regulations will
take effect upon filing the Notice of Adoption with the Department of
State after the 60-day public comment period. Holders of federal lobster
trap pots permits must have the required electronic tracking device aboard
their fishing vessels no later than December 15, 2023.
Regulatory Flexibility Analysis
1. Effect of rule:
The new rule will require party and charter boat license holders to
submit fishing trip reports online and within 48 hours of the end of each
trip. In 2022 there were 477 licensed party and charter boat businesses in
New York State; approximately 150 submitted their reports on paper and
will be affected by the new requirement to submit reports online. However,
all party and charter boat license holders will be affected by the new
requirement to submit their trip reports online within 48 hours of the end
of the fishing trip starting January 1, 2025. This new rule will make the
state’s regulations consistent with the federal reporting regulations for the
federal party and charter (for-hire) permit holders.
The rule will also require federal lobster trap permit holders to install
electronic tracking devices on vessels used in certain federal waters. New
York has 11 active federal lobster trap permit holders with New York as
their principal port; eight of them fish in areas where electronic devices
will be required. The other three permit holders fish in an area exempt
from the requirement for tracking devices.
2. Compliance requirements:
New York State commercial fishermen have been submitting vessel
trips reports, detailing fishing activities for each trip since 2004. The
proposed rulemaking will not increase the burden of reporting already
placed on most State licensed fishermen. Party and charter boat license
holders will be required to submit vessel trip reports online, using a com-
puter, tablet, or cell phone to access the internet. Many party and charter
boat license holders already do so; in 2022, 126 submitted vessel trip
reports online. They will also be required to submit these reports within 48
hours after the fishing trip ends. This will make New York’s reporting
rules consistent with federal reporting regulations.
New York State based federal lobster trap permit holders will be
required to install electronic tracking devices on their fishing vessels.
These devices are intended to collect high resolution spatial and temporal
data to characterize fishing effort in the federal American lobster and Jonah
crab fisheries. These data will improve the precision of spatial data and
provide fishery effort data (details on vertical buoy lines) and aid in
determining risk reduction efforts to protect the North Atlantic right whale.
These data will also provide information for marine spatial planning
(offshore wind and aquaculture planning).
3. Professional services:
This rule making will not impose any professional service requirements
for small businesses and local governments.
4. Compliance costs:
There may be some costs to party and charter boat license holders to
comply with the requirement to submit vessel trip reports online if they do
not have a computer, cell phone, tablet, or access to the internet. Devices
used to access the internet range in price from $40 for a tablet to $1,500
for a well set up computer or laptop. Internet access plans range in price
from $25 to $100 per month. There are a few public access locations for
WiFi: libraries, coffee shops, and some public buildings.
There are some potential costs for New York State based lobster trap
NYS Register/December 20, 2023 Rule Making Activities
7
permit holders to install an electronic tracking device on their fishing
vessel. Estimated costs for cellular based tracking devices range from
$150 to $650 for the initial purchase of the tracking unit, and annual data
service plans that would meet the proposed tracking requirements range
from $191 to $420 per year. New York State has been allocated $89,000 to
offset these costs.
5. Economic and technological feasibility:
The proposed regulations do not require any expenditure on the part of
most licensed fishermen to comply with the regulatory changes. There
may be some costs for party and charter boat license holders who do not
presently own computers or do not have access to the internet. Some party
and charter boat license holders do already have computers and internet
access and are submitting trip reports online. Currently federally permit-
ted for-hire (party and charter) boats are required to submit their reports
online within 48 hours of the end of the trip. At this time New York State
food fish and crustacea dealer and shipper license holders are required to
report all purchases from state licensed fishermen online.
6. Minimizing adverse impact:
During 2023 and 2024, the Department will inform party and charter
boat license holders of the 2025 implementation of the online reporting
within 48 hours rule. Department staff will assist in the creation of online
data accounts and provide training on using the online data entry
applications.
Last year Congress approved a federal appropriation that may cover the
costs for the tracking device and its operation for a limited period of time.
This appropriation provides funding to the Atlantic States Marine Fisher-
ies Commission (ASMFC) for distribution among the affected states
(Maine to Virginia, Florida); New York State has been allocated $89,000.
This funding can be used to offset the costs of implementing the electronic
tracking requirements. In addition, New York based federal lobster trap
permit holders may also receive technical assistance from the states of
Maine and Massachusetts.
7. Small business and local government participation:
The proposed rulemaking was presented to the Marine Resources Advi-
sory Council at the June 7, 2023, meeting. Council members had the op-
portunity to ask questions and provide comment. State licensed party and
charter boat license holders will have the opportunity to comment on the
proposed rule during the 60-day public comment period. The Department
will hold a public hearing during the public comment period to provide
stakeholders with an additional opportunity to review and comment on the
rule. The requirement for electronic devices has been discussed at the
ASMFC’s general meetings and at the Commission’s Lobster Board meet-
ings, all of which are open to the public.
Affected license and permit holders will be notified by mail, email, text
messaging, through appropriate news releases, and on the Department’s
website of the changes to the regulations.
The proposed rule does not apply to local governments.
8. For rules that either establish or modify a violation or penalties as-
sociated with a violation:
Pursuant to the State Administrative Procedure Act (SAPA) § 202-b(1-
a)(b), 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 wildlife are not recommended. Immediate compliance 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 Department will conduct an initial review of the rule within three
years as required by SAPA § 207(1)(b).
Rural Area Flexibility Analysis
The Department has determined that this rule would not impose an adverse
impact on rural areas. There are no rural areas within the marine and
coastal district. Marine fisheries directly affected by the proposed rule are
entirely located within the marine and coastal district and in federal marine
waters, and are not located adjacent to any rural areas. Some holders of
food fish and crustacea dealer and shipper licenses may be located in rural
areas of the state; however, the proposed rule does not impose any new
reporting, recordkeeping, or other compliance requirements on public or
private entities in rural areas. The proposed rule primarily reorganizes and
clarifies already existing rules. Since no rural areas will be affected by the
proposed amendments, a Rural Area Flexibility Analysis is not required.
Job Impact Statement
1. Nature of impact:
The Department is proposing a rule that would consolidate the report-
ing requirements currently scattered in the Marine Fisheries portions of 6
NYCRR. The proposed rule would not significantly increase the burden of
reporting already placed on license holders.
The proposed rule would modify the reporting requirements for party
and charter boat license holders; they would be required to submit fishing
trip reports online and within 48 hours of the end of the fishing trip start-
ing January 1, 2025. This will require party and charter boat license hold-
ers to possess the means for accessing the internet (computer, tablet, or
cell phone and internet provider service). This new rule should not impose
a significant impact on party and charter boat license holders. Many of
license holders already submit fishing trip reports online; less than half of
the party and charter boat license holders submit paper trip reports.
The proposed rule would also require federal lobster trap permit holders
who fish in certain federal waters to install electronic tracking devices on
their vessels. Federal lobster trap permit holders will be required to buy
the tracking device, install it on their vessel, and enroll in a cellular data
service. This rule will not have a significant impact on lobster permit
holders. The costs of the electronic tracking device and a cellular data ser-
vice needed for New York State based lobster trap permit holders will be
covered, for a time, by funds appropriated by Congress last year.
2. Categories and numbers affected:
There were approximately 447 party and charter boat license holders in
2022; 150 of them submitted paper trip reports to the Department and will
have to move to reporting online. In 2022 there were 257 holders of the
lobster resident and lobster non-resident permits. Eleven of them pos-
sessed federal lobster trap permits and had New York as their principal
port. Eight of them set lobster traps in areas where electronic devices will
be required. The other three permit holders set traps in an area exempt
from the requirement for tracking devices.
3. Regions of adverse impact:
All New York State licensed commercial and recreational harvesting of
fish, crustacea, horseshoe crabs and whelk and reporting of same takes
place in the marine and coastal district. The use of the electronic tracking
device by federal lobster trap permit holders will take place in certain por-
tions of federal marine waters, outside of New York State’s jurisdiction.
4. Minimizing adverse impact:
Through the adoption of the proposed rule, the Department seeks to
make the requirements for reporting fishing activities easier for the public
to find and understand. The Department also seeks to make state reporting
rules consistent with current federal reporting rules for party and charter
boat license holders (for-hire industry) by requiring them to submit trip
reports online and within 48 hours of the end of the fishing trip. Addition-
ally, online reporting reduces the costs of processing reports; the Depart-
ment will no longer need to distribute trip report forms to party and charter
license holders and will see a decrease in the number of paper trip reports
that must be processed by staff. Department staff will be available to cre-
ate online reporting accounts for party and charter boat license holders and
provide guidance and training on the use of online reporting systems and
applications.
As mentioned above, there are eight federal lobster trap permit holders
who will be required to install an electronic tracking system on board their
fishing vessel. New York State has been awarded $89,000 to defray the
costs of the tracking devices and necessary cellular data account (costs for
the cellular account will be defrayed three years). The Atlantic States
Marine Fisheries Commission (ASMFC) will provide outreach and assis-
tance to New York State licensed federal lobster trap permit holders in ap-
plying for and receiving the funding. In addition, the states of Mas-
sachusetts and Rhode Island will provide New York with assistance in
data retrieval and analysis for the information collected by the tracking
devices.
5. Self-employment opportunities:
Most state licensed commercial fishermen are self-employed. This rule
will not have a measurable impact on opportunities for self-employment.
6. Initial review of the rule, pursuant to SAPA § 207 as amended by L.
2012, ch. 462:
The Department will conduct an initial review of the rule within three
years as required by SAPA § 207(1)(b).
New York State Gaming
Commission
NOTICE OF ADOPTION
Purchase Location Requirements for Lottery Courier Services
I.D. No. SGC-50-22-00009-A
Filing No. 1054
Filing Date: 2023-12-04
Effective Date: 2023-12-20
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
NYS Register/December 20, 2023Rule Making Activities
8
Action taken: Amendment of section 5014.7 of Title 9 NYCRR.
Statutory authority: Tax Law, sections 1601, 1604, 1605, 1607, 1609;
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1)
and (19)
Subject: Purchase location requirements for lottery courier services.
Purpose: To facilitate the proper sale of lottery tickets to generate revenue
for education.
Text or summary was published in the December 14, 2022 issue of the
Register, I.D. No. SGC-50-22-00009-RP.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Kristen M. Buckley, New York State Gaming Commission, One
Broadway Center, P.O. Box 7500, Schenectady, New York 12301-7500,
(518) 388-3332, email: [email protected].gov
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be
initially reviewed in the calendar year 2028, which is no later than the 5th
year after the year in which this rule is being adopted.
Assessment of Public Comment
One public comment was received from TuLotero, which describes
itself on its website as a “lottery app that lets you play the lottery when-
ever and wherever you want. It connects users to wherever an associated
lottery operates.” TuLotero is not licensed with the Commission as a lot-
tery courier service. The commenter opined that the proposed rule “can be
confusing for services who hold funds in trust for the users.” The com-
menter stated its belief that the intended interpretation of the proposed rule
is that a courier “purchase is when a user’s funds held in trust are
transferred to the ownership of the courier service.” The commenter stated
that the use of the word “and” between paragraphs (1) and (2) of the
proposed rule “implies that the transfer of funds to the courier service
(which may be held in trust) must be simultaneous.” The commenter stated
that customers may wish to deposit funds with a courier in one state, then
cross a state border to request courier services in another state. The com-
menter suggested alternative rule text.
The Commission disagrees that an amendment to the proposed rule text
is necessary. As proposed, the rule would require that a courier customer
be in New York when requesting a courier service purchase in New York
(as set forth in paragraph (1) of the proposed rule) and that a courier
customer must be in New York when the customer “initiates the transfer of
funds to the courier service to cover the cost” of the purchase requested
(as set forth in paragraph (2) of the proposed rule). As written, these two
times at which the customer’s location in New York must be verified need
not occur simultaneously. As the rule is proposed, a customer could be in
New York and request a courier purchase of a New York lottery ticket,
leave the State and fund an electronic wallet elsewhere, then return to
New York and direct the funds from the customer’s wallet be dedicated to
fund the New York purchase. This process is consistent with the process
the commenter apparently wishes to see implemented.
NOTICE OF ADOPTION
Lottery Prize Assignment Processing Fee
I.D. No. SGC-34-23-00012-A
Filing No. 1053
Filing Date: 2023-12-04
Effective Date: 2023-12-20
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of section 5002.11 of Title 9 NYCRR.
Statutory authority: Tax Law, sections 1601, 1604, 1613(d)(7); Racing,
Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1) and
(19)
Subject: Lottery prize assignment processing fee.
Purpose: To defray administrative expenses associated with a prizewin-
ner’s assignment.
Text or summary was published in the August 23, 2023 issue of the Reg-
ister, I.D. No. SGC-34-23-00012-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Kristen M. Buckley, New York State Gaming Commission, One
Broadway Center, P.O. Box 7500, Schenectady, New York 12301-7500,
(518) 388-3332, email: [email protected].gov
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be
initially reviewed in the calendar year 2028, which is no later than the 5th
year after the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.
Department of Health
NOTICE OF ADOPTION
Communicable Diseases Reporting and Control - Adding
Respiratory Syncytial Virus (RSV) and Varicella
I.D. No. HLT-37-23-00010-A
Filing No. 1051
Filing Date: 2023-12-01
Effective Date: 2023-12-20
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of section 2.1 of Title 10 NYCRR.
Statutory authority: Public Health Law, section 225
Subject: Communicable Diseases Reporting and Control - Adding Respi-
ratory Syncytial Virus (RSV) and Varicella.
Purpose: To add Respiratory Syncytial Virus (RSV) and Varicella to the
list of diseases.
Text or summary was published in the September 13, 2023 issue of the
Register, I.D. No. HLT-37-23-00010-P.
Final rule as compared with last published rule: No changes.
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
Revised 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 (the
Department).
Section 2102 of the Public Health Law requires clinical laboratories to
report suspected or confirmed positive findings or markers of com-
municable diseases, and other pertinent facts, to local or state health
officials. Additionally, Section 576-c of the Public Health Law requires
clinical laboratories to report such test results, and other data elements,
electronically on a schedule determined by the commissioner.
Legislative Objectives:
These amendments are consistent with section 225 of the Public Health
Law (PHL), which authorizes the PHHPC, subject to the approval of the
Commissioner, to establish and amend the SSC related to any matters af-
fecting the security of life or health or the preservation and improvement
of public health in the State of New York.
Needs and Benefits:
The proposed amendments to Section 2.1 of Title 10 (Health) of the Of-
ficial Compilation of Codes, Rules and Regulations of the State of New
York (NYCRR), would add required reporting of laboratory-confirmed
cases of respiratory syncytial virus (RSV), pediatric deaths from RSV, and
cases of varicella (not zoster/shingles) to the list of reportable com-
municable disease conditions. The proposed amendment would provide
critical surveillance data that could be used to help anticipate hospital bed
capacity challenges and could also help quantify the impact of newly ap-
proved RSV vaccines. Additionally, pediatric deaths from RSV are
expected to become nationally notifiable, likely in the coming year. As of
2020, case-based varicella surveillance is conducted in 39 states and the
District of Columbia. Varicella can be severe and is highly contagious, and
it has become more important to investigate individual cases as the disease
becomes rare. Additionally, making varicella reportable will allow the
Department and local health departments to better understand the burden
and epidemiology of disease and better anticipate vaccination needs, such
as in geographies and in demographics that have lower rates of immunity.
NYS Register/December 20, 2023 Rule Making Activities
9
Costs:
Costs for the Implementation of, and Continuing Compliance with the
Regulation to the Regulated Entity:
While it is estimated that there is a sizeable number of cases of RSV
and varicella that occur in NYS each year, the Department expects that
costs associated with these additional requirements will be minimal. The
most serious cases of RSV are hospitalized and diagnosed in the acute
care setting, and hospitals already have robust human and electronic re-
sources in place to comply with their public health reporting and specimen
submission requirements. For varicella, the Department does not plan to
require laboratory testing; the disease often can be diagnosed clinically,
and clinicians can continue to use their best judgement for when testing is
indicated.
The Department does not expect that there will be significant cost
burdens associated with regulated entities complying with investigations
conducted by a local health authority. The proposed regulations related to
investigations would only apply where there are cases or suspect cases of
reportable diseases or organisms, outbreaks, or unusual diseases. Further,
while businesses, organizations, private homes, and those required to
report pursuant to proposed section 2.1 would be required to cooperate
with such investigations, historically, the types of cooperation sought dur-
ing disease investigations has primarily consisted of providing informa-
tion determined to be necessary for the local health authority to control the
spread of disease and/or to provide preventive treatment.
Costs to State and Local Governments:
The cost of the proposed disease/organism reporting is expected to be
minimal because current systems and procedures already exist for such
entities to receive, process, and follow-up on reportable diseases/
organisms. Further, by monitoring the spread of reportable diseases/
organisms, appropriate precautions can be taken to prevent or contain
exposures, thereby reducing costs associated with public health control
measures, morbidity, and treatment. Lastly, the Department does not
expect that there will be any significant additional cost burden to local or
State governments associated with the proposed changes to laboratory
submission requirements; minimal resources may need to be shifted to
clean and analyze the incoming data. The infrastructure to electronically
receive positive reports from laboratories is already in place.
The Department does not anticipate there will be a significant cost
burden for government entities resulting from the proposed investigation
of varicella cases and pediatric RSV fatalities. Local health authorities al-
ready receive funding through Article 6 of the Public Health Law for core
public health work, including investigations of reportable diseases. As lo-
cal health authorities are the primary entities responsible for controlling
diseases within their jurisdictions, the additions proposed here will become
part of the requirements that local health authorities already have in place
to control disease within their jurisdictions. It is expected the volume of
investigations of pediatric RSV fatalities will be minimal in most counties.
For investigations of varicella cases, the Department intends to issue guid-
ance for counties as they develop a policy describing which varicella cases
require a full investigation.
Costs to the Department of Health:
There are no costs to the Department associated with this regulatory
amendment, with the exception of minimal costs associated with analyz-
ing numbers of reported cases of RSV and varicella.
Local Government Mandates:
As is currently the case, local health officers receiving reports of
diseases/organisms listed in section 2.1 will be required to forward such
reports to the State Department of Health and investigate the sources of
infection of reported or suspect cases, based on epidemiological or other
relevant information available and consistent with guidance from the
Department.
Paperwork:
There will be no new paperwork associated with these proposed amend-
ments; however, revisions will need to be made to the existing general
communicable disease reporting form, and an electronic varicella
investigation form will be made available. Practically all laboratory report-
ing is currently done electronically.
Duplication:
No relevant laws of the State and/or federal government exist that
duplicate, overlap, or conflict with this proposed rule.
Alternatives:
The alternative to the proposed amendments would be to maintain the
current list of communicable diseases. However, adding required report-
ing of laboratory-confirmed cases of respiratory syncytial virus (RSV),
pediatric deaths from RSV, and cases of varicella (not zoster/shingles) to
the list of reportable communicable diseases is necessary to enable local
health authorities and the Department to conduct critically important dis-
ease surveillance. In turn, this will reduce disease transmission, as well as
streamline and provide needed clarification on the control measures local
health authorities can implement to control the spread of disease within
their jurisdictions.
Federal Standards:
State and local health departments have primary authority for control-
ling disease within their respective jurisdictions. There are existing
national case definitions for varicella and RSV-associated mortality.
Compliance Schedule:
It is anticipated that regulated entities would be able to comply with the
rule upon publication of a Notice of Adoption in the New York State
Register.
Revised Regulatory Flexibility Analysis
Effect of Rule:
The proposed regulation will apply to all local health departments, as
well as physicians, hospitals, nursing homes, diagnostic and treatment
centers, and laboratories. There are approximately 76,500 licensed and
registered physicians in New York State; it is not known how many of
them practice in small businesses. It is estimated that approximately five
hospitals, 130 nursing homes, 311 diagnostic and treatment centers, and
150 clinical laboratories employ less than 100 persons and qualify as small
businesses.
Compliance Requirements:
Hospitals, clinics, physicians, nursing homes, and clinical laboratories
that are small businesses and local governments will utilize revised
Department of Health reporting forms and existing laboratory referral
forms to report the three conditions being added to the list of com-
municable diseases set forth in 10 NYCRR § 2.1. Local health officers
receiving reports of pediatric deaths from RSV and certain cases of
varicella (not zoster/shingles), will be required to forward such reports to
the State Health Commissioner and to investigate and monitor the cases
reported, based on epidemiological or other relevant information available
and consistent with guidance from the Department. Laboratory-confirmed
cases of respiratory syncytial virus (RSV) will be reported by clinical lab-
oratories and analyzed by the Department of Health.
Professional Services:
These amendments regard the reporting of laboratory test results to the
Department and investigation of cases. Entities impacted include public
and private laboratories that perform varicella or RSV tests on New York
State residents and those that receive and investigate disease reports and
test results, including physicians, heads of a private household, or person
in charge of any institution, school, hotel, boarding house, camp or vessel
or any public health nurse or any other person having knowledge of an in-
dividual affected with any disease presumably communicable. Investiga-
tion is performed by local health departments.
Compliance Costs:
While it is estimated that there is a large number of cases of RSV and
fewer but sizeable cases of varicella in NYS each year, the Department
expects that costs associated with these additional requirements will be
minimal. Local health authorities already receive funding through Article
6 of the Public Health Law for core public health work, including
investigations of reportable diseases. The most serious cases of RSV are
hospitalized and diagnosed in the acute care setting, and hospitals already
have robust human and electronic resources in place to comply with their
public health reporting and specimen submission requirements. For
varicella, the Department does not plan to require laboratory testing; the
disease often can be diagnosed clinically, and clinicians can continue to
use their best judgement for when testing is indicated.
The Department does not expect that there will be significant cost
burdens associated with regulated entities complying with investigations
conducted by a local health authority. The proposed regulations related to
investigations would only apply where there are cases or suspect cases of
reportable diseases or organisms, outbreaks, or unusual diseases. Further,
while businesses, organizations, private homes, and those required to
report pursuant to proposed section 2.1 would be required to cooperate
with such investigations, historically the type of cooperation sought dur-
ing disease investigations has primarily consisted of providing informa-
tion determined to be necessary for the local health authority to control the
spread of disease and/or to provide preventive treatment.
The cost of the proposed disease/organism reporting to local govern-
ments is expected to be minimal because current systems and procedures
already exist for such entities to receive, process, and follow-up on report-
able diseases/organisms. Further, by monitoring the spread of reportable
diseases/organisms, appropriate precautions can be taken to prevent or
contain exposures, thereby reducing costs associated with public health
control measures, morbidity, and treatment. Lastly, the Department does
not expect that there will be any additional cost burdens to local or State
governments associated with the proposed changes to laboratory submis-
sion requirements. The infrastructure to electronically receive positive
reports from laboratories is already in place.
The Department does not anticipate there will be a substantial cost
burden for government entities as a result of the proposed investigation of
varicella cases and pediatric RSV fatalities. Local health authorities are
the primary entities responsible for controlling diseases within their
NYS Register/December 20, 2023Rule Making Activities
10
jurisdictions, the additions proposed here will become part of the require-
ments that local health authorities already have in place to control disease
within their jurisdictions, which already include investigations of other
reportable diseases. It is expected the volume of investigations of pediatric
RSV fatalities will be minimal in most counties. For investigations of
varicella cases, the Department intends to issue guidance for counties as
they develop a policy describing which varicella cases require a full
investigation.
Economic and Technological Feasibility:
The entities impacted will use existing reporting, receiving, and
investigation infrastructure that are already in place for reporting of other
communicable diseases designated by Public Health Law. As such, there
are no economic or technological impediments to the rule change.
Minimizing Adverse Impact:
The entities impacted will use existing reporting, receiving, and
investigation infrastructure that are already in place for reporting of other
communicable diseases designated by public health law. This minimizes
impact, and these amendments are not expected to result in significant ad-
ditional costs to small business or local governments.
Small Business and Local Government Participation:
The Department has consulted with local governments through ongoing
communication on this issue with local health departments and the New
York State Association of County Health Officers in the process of making
these conditions reportable. They should see very little impact from mak-
ing RSV reportable but recognize the potential investigative burden from
varicella. Local health departments are supportive and view investigating
cases of this vaccine-preventable disease as an aid to reducing spread and
to encouraging vaccination. Guidance regarding which varicella cases
require a full investigation is expected to allay any concerns about the
burden of these investigations.
Businesses that are impacted, including private and commercial labora-
tories, already perform the tests that detect these pathogens, use existing
reporting mechanisms, and many report already, even though not currently
required to do so.
For Rules That Either Establish or Modify a Violation or Penalties As-
sociated with a Violation:
N/A.
Revised Rural Area Flexibility Analysis and Job Impact Statement
Changes made to the last published rule do not necessitate revision to the
previously published 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 2026, which is no later than the 3rd year af-
ter the year in which this rule is being adopted.
Assessment of Public Comment
The New York State Department of Health (NYSDOH or “the Depart-
ment”) published a Notice of Proposed Rulemaking in the State Register
on September 13, 2023, regarding a change to Section 2.1 of 10 New York
Codes, Rules and Regulations (NYCRR) pertaining to communicable dis-
ease that would add laboratory-confirmed respiratory syncytial virus
(RSV) cases, pediatric deaths from RSV, and varicella to the reportable
disease list. The Department received three (3) public comments from:
New York City Health and Hospitals, the New York State Association of
County Health Officials (NYSACHO), and the New York City Depart-
ment of Health and Mental Hygiene (NYCDOHMH). These comments
and the Department’s responses are summarized below.
COMMENT: New York City Health and Hospitals asked whether the
phrase, “in persons younger than 18 years” applies only to deaths or report-
ing of laboratory-confirmed cases of RSV. Additionally, New York City
Health and Hospitals pointed out that laboratories cannot know whether a
positive varicella zoster virus (VZV) polymerase chain reaction (PCR)
test result is from varicella or from zoster and therefore, it is unclear how
to implement “not shingles/zoster.”
RESPONSE: The phrase “in persons younger than 18 years” applies
only to deaths from RSV. For laboratories, positive VZV PCR, culture, or
Immunoglobulin M (IgM) results should be considered indicative of
suspected varicella cases and therefore reported, regardless of age. Of
note, VZV is already reportable by laboratories pursuant to New York City
Health Code § 11.03(a). The “not shingles/zoster” designation on the
reportable disease list is intended to clarify for clinicians that they need
not report cases of zoster, because that condition is not the result of a new
infection. No changes to the regulation are necessary as a result of these
comments.
COMMENT: NYCDOHMH shared concerns about the burden and ne-
cessity of varicella investigations and the need for additional flexibility in
Section 2.6 of Title 10 of the NYCRR. NYCDOHMH pointed out that
Section 2.6 requires local health authorities to immediately investigate all
suspected and confirmed cases of all reportable communicable diseases
and stated that it’s not feasible to conduct a full case and contact investiga-
tion for each disease report received. Furthermore, they pointed out that
varicella is already laboratory-reportable in New York City and that they
receive approximately 2,000 reports (including varicella and zoster) per
year. NYCDOHMH urged the Department to allow local health authorities
flexibility to determine when investigations are warranted, and recom-
mended that varicella be only laboratory-reportable to avoid the burden of
reporting on both providers and NYCDOHMH.
RESPONSE: Section 2.6 contains qualifying language such as “based
on epidemiological or other relevant information available” and “consis-
tent with any direction that the State Commissioner of Health may issue,”
that provides local health authorities with flexibility to prioritize which
cases of varicella are fully investigated. For example, laboratory-
confirmed influenza and COVID-19 are both listed in Section 2.1 and
guidance has been provided that local health authorities need not investi-
gate individual influenza or COVID-19 cases. Another example is Lyme
disease which, until a national case definition change in 2022, the Depart-
ment had provided guidance to high-prevalence counties about investiga-
tion of a 20% sample of cases. Currently, Lyme disease investigations in
those counties involve only analysis of the numbers of laboratory-
confirmed cases with no expectation of individual case interviews. Guid-
ance has also been provided to local health authorities about prioritizing
certain elements of chlamydia investigations to pregnant persons based on
burden and capacity, and prioritizing gonorrhea investigations based on
drug resistance, co-infections, or infection in high-risk groups. The Depart-
ment intends to issue guidance to local health authorities that will allow
them to tailor their investigations of varicella to those cases with the high-
est associated risks in their county, such as cases in congregate settings.
The guidance will also include recommendations for if and how to re-
spond to various types of laboratory reports. It is not appropriate to include
investigation criteria in the regulation itself because priorities might differ
between local health authorities and over time. NYCDOHMH also sug-
gested that varicella be laboratory-reportable only; however, varicella can
be clinically diagnosed without laboratory testing, and because the
identification of cases in need of investigation often depends on informa-
tion reported from other sources, the Department has opted to make it
reportable by both laboratories and other mandated reporters. No changes
are being made to the regulation at this time; however, the Department
plans to work with key stakeholders to update Section 2.6 as soon as pos-
sible, consistent with NYCDOHMH’s recommendations regarding ad-
ditional explicit flexibility and clarity.
COMMENT: NYSACHO expressed concerns regarding the need for
flexibility and decision-making autonomy for local health authorities to
determine which individual varicella cases warrant investigation and the
importance of expediting updates to Section 2.6 to explicitly provide “ad-
ditional flexibility in investigation and response activities at the local
level.”
RESPONSE: The same response to the NYCDOHMH comment above
applies to this NYSACHO comment. The Department intends to offer the
desired flexibility in guidance and, as soon as possible, more explicitly in
regulation.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
General Hospital Medical Staff Recertification
I.D. No. HLT-51-23-00001-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 sections 405.4 and 405.6 of Title 10
NYCRR.
Statutory authority: Public Health Law, section 2803
Subject: General Hospital Medical Staff Recertification.
Purpose: To change the medical staff recredentialing timeframe from
every two years to every three years.
Text of proposed rule: Paragraph (4) of subdivision (b) of section 405.4 is
amended to read as follows:
The hospital shall have an organized medical staff that operates under
bylaws approved by the governing body.
* * *
(b) Organization.
* * *
(4) The medical staff shall examine credentials of candidates for
medical staff membership and make recommendations to the governing
body on the appointment of the candidates in accordance with the provi-
NYS Register/December 20, 2023 Rule Making Activities
11
sions of this Part and the New York State Public Health Law. Following
the initial appointment of medical staff members, the medical staff shall
conduct periodic reappraisals of its members, on at least[,] a [biennial] tri-
ennial basis.
Subparagraph (i) of paragraph (7) of subdivision (b) of Section 405.6 is
amended to read as follows:
(b) The activities of the quality assurance committee shall involve all
patient care services and shall include, as a minimum:
* * *
(7) the committee shall oversee and coordinate the following:
(i) the establishment of a medical, dental and podiatric staff privi-
leges review procedure through which credentials, physical and mental
capacity, and competence in delivering health care services are reviewed
at least [biennially] triennially as part of an evaluation of staff privileges
and in accordance with section 405.4 of this Part. These procedures shall
include the collection of the following information from a physician,
dentist or podiatrist prior to granting or renewing professional privileges
or association in any capacity with the hospital:
* * *
Text of proposed 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
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: 60 days after publication of this
notice.
This rule was not under consideration at the time this agency submitted
its Regulatory Agenda for publication in the Register.
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.
Legislative Objectives:
PHL Article 28 assures the efficient provision and proper utilization of
health services of the highest quality at a reasonable cost. Specifically,
PHL section 2800 specifies that “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 responsibility for the development and administration of
the state’s policy with respect to hospital and related services, and all pub-
lic and private institutions, whether state, county, municipal, incorporated
or not incorporated, serving principally as facilities for the prevention, di-
agnosis 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 2803(2) authorizes PHHPC to adopt and amend rules and
regulations, subject to the approval 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.
Needs and Benefits:
The proposed regulations will benefit Article 28 general hospitals by
lengthening the requirement to review the credentials of medical staff
from every two years to every three years, which will reduce administra-
tive burdens and provide consistency by aligning with a recent revision by
The Joint Commission to its credentialing and privileging standards ap-
plied to its Advanced Diagnostic Imaging, Ambulatory Surgical Center,
Critical Access Hospital, and Hospital accreditation programs.
Costs for Regulated Entities:
There are no anticipated costs to regulated parties (PHL Article 28 gen-
eral hospitals), insofar as the proposed regulations will reduce administra-
tive burdens by requiring recredentialing every three years (triennially)
instead of every two years (biannually).
Cost to State and Local Government:
There are no anticipated costs to regulated parties, including general
hospitals owned and operated by State or Local governments, insofar as
the proposed regulations will reduce administrative burdens by requiring
recredentialing every three years (triennially) instead of every two years
(biannually).
Cost to the Department of Health:
There are no anticipated costs to the Department of Health.
Local Government Mandates:
This regulation does not impose a local government mandate.
Paperwork:
Regulated entities will be required to maintain documentation that they
have satisfied the minimum recredentialing review of medical staff as
articulated in the proposed regulations. However, the proposed regulations
do not require new or additional paperwork requirements, insofar as exist-
ing regulations at 10 NYCRR sections 405.4 and 405.6 currently require
Article 28 general hospitals to maintain records relating to their review of
medical staff qualifications; the proposed regulations will reduce adminis-
trative burdens by requiring recredentialing every three years (triennially)
instead of every two years (biannually).
Duplication:
The proposed regulation does not duplicate any federal, state, or local
law.
Alternatives:
Alternatives include not amending the regulations or requiring a
recredentialing period of a length other than every three years (triennially).
However, the Department finds that neither alternative is viable. The
proposed regulations align with a recent change by The Joint Commission
to revise its credentialing and privileging standards applied to its Advanced
Diagnostic Imaging, Ambulatory Surgical Center, Critical Access Hospital,
and Hospital accreditation programs. Therefore, the Department finds that
the triennial recredentialing timeframe proposed in these regulations—as
opposed to the current (biannual) or an alternative timeframe—will
provide consistency to regulated facilities, as it will align with standards
applied by this national hospital accreditation organization to many of the
Article 28 general hospitals in New York State.
Federal Requirements:
Federal Conditions of Participation at 42 CFR 482.22(a)(1) require
medical staff to “periodically conduct appraisals of its members.” The
federal Centers for Medicare & Medicaid Services (CMS) has stated in a
letter to The Joint Commission that “[p]eriodic review would be consis-
tent with local laws or national practice.” Therefore, the proposed regula-
tory requirement for triennial reviews is consistent with existing federal
regulation.
Compliance Schedule:
The regulations will become effective upon publication of a Notice of
Adoption in the New York State Register.
Regulatory Flexibility Analysis
No Regulatory Flexibility Analysis is required pursuant to section 202-
b(3)(a) of the State Administrative Procedure Act. The proposed amend-
ment does not impose an adverse economic impact on small businesses or
local governments, nor does it require any new reporting, recordkeeping
or other compliance requirements on small businesses or local
governments.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis for these amendments is not being
submitted because amendments will not impose any adverse impact or
new, significant reporting, recordkeeping or other compliance require-
ments 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 amendments.
Job Impact Statement
No Job Impact Statement is required pursuant to section 201-a(2)(a) of the
State Administrative Procedure Act. It is apparent, from the nature of the
proposed amendments, that it will not have an adverse impact on jobs and
employment opportunities.
REVISED RULE MAKING
NO HEARING(S) SCHEDULED
Newborn Hearing Screening
I.D. No. HLT-12-23-00013-RP
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following revised rule:
Proposed Action: Amendment of Subpart 69-8 of Title 10 NYCRR.
Statutory authority: Public Health Law, section 2500-g
Subject: Newborn Hearing Screening.
Purpose: To improve follow-up after newborn hearing screening and ar-
ticulate reporting requirements.
Text of revised rule: Subdivisions (g) and (h) of section 69-8.1 are
amended, and new subdivisions (i) through (q) are added, to read as
follows:
(g) Two-tier infant hearing screening is defined as the use of otoacoustic
NYS Register/December 20, 2023Rule Making Activities
12
emissions (OAE) screening or auditory brainstem response (ABR) screen-
ing followed by auditory brainstem response (ABR) screening if the patient
does not pass the initial OAE or ABR screening.
(h) Parent means a parent by birth or adoption, legal guardian, or any
other person legally authorized to consent to medical services for the
infant.
[(h)] (i) Article 28 Facility or Facility shall mean a health care facility
established under Article 28 of the Public Health Law.
(j) Early Intervention Program means the New York State Early
Intervention Program for infants and toddlers with disabilities and their
families, established under Title II-A of Article 25 of Public Health Law,
including state-approved Program offices at the county level.
(k) Referral to the municipal Early Intervention Program means refer-
ral to the designated early intervention official in the municipality where
the child resides, as is required of primary referral sources. Such referral
shall occur within two working days of identifying an infant or toddler
who is less than three years of age and suspected of having a disability or
is at risk of having a disability.
(l) Early intervention official means the official designated by the
municipality as responsible for the administration of referrals of children
suspected of having or are at risk for developmental delays or disabilities.
(m) Early Intervention Program evaluator means an individual ap-
proved by the Early Intervention Program to evaluate children from birth
to three years old with standardized assessments and criterion-referenced
assessments to determine eligibility for early intervention services.
(n) Primary referral sources are defined as all individuals who are Early
Intervention Program qualified personnel; all approved evaluators, ser-
vice coordinators, and providers of early intervention services; Article 28
facility hospitals and clinics; child health care providers; day care
programs; local health units; local school districts; local social service
districts including public agencies and staff in the child welfare system;
public health facilities; early childhood direction centers; domestic
violence shelters and agencies; homeless family shelters; and, operators
of any clinic approved pursuant to Article 16 of the Mental Hygiene Law,
or Article 31 of the Mental Hygiene Law.
(o) An “at risk” referral to the Early Intervention Program means refer-
ral of an infant who has failed newborn hearing screening prior to dis-
charge from neonatal care with no documented follow-up results reported
by the birth facility at 60 days post-discharge. Upon such referral, the
county Early Intervention Program shall facilitate newborn hearing
screening follow-up.
(p) A “suspected of hearing loss” referral to the Early Intervention
Program means referral of an infant who has failed a two-tier inpatient
hearing screening and any follow-up out-patient re-screening. Upon such
referral, the Early Intervention Program evaluator may first provide a
confirmatory audiological evaluation to determine whether a hearing loss
exists, pursuant to section 69-4.8 of this Part.
(q) A prescription shall mean a written order issued by the facility for
an infant to obtain a follow-up screening or diagnostic audiological evalu-
ation, as appropriate, from an article 28 licensed facility or a provider au-
thorized to perform audiological evaluations under title eight of the educa-
tion law.
Subdivisions (b) and (c) of section 69-8.2 are amended to read as
follows:
(b) General requirements of an infant hearing screening program are:
(1) T[t]he conduct of a two-tier inpatient infant hearing screening
prior to discharge from [the facility;] neonatal care for infants in the
normal newborn nursery. Two-tier infant hearing screening consists of
initial screening with OAE or ABR on both ears. Each ear must pass the
OAE or ABR screening to be considered a “pass.” If the OAE or ABR
screening is not passed in one or both ears, an ABR screening is performed
on both ears. If the infant passes the ABR screening, the infant has
‘‘passed’’ the hearing screening. If one or both ears do not pass the ABR
screening, the infant shall be referred for outpatient re-screening and/or
diagnostic audiological evaluation.
(2) The conduct of newborn hearing screening using ABR for infants
who have received care in a neonatal intensive care unit (“NICU”), for
the initial and any secondary screening. Infants cared for in the NICU
who do not pass the inpatient ABR screening shall be referred to a provider
licensed under State Education Law and authorized to provide infant hear-
ing screening and diagnostic audiological evaluations for rescreening,
and, if indicated, given a comprehensive audiological evaluation includ-
ing diagnostic ABR.
[(2)] (3) C[c]ommunication of results of infant hearing screenings to
parents by designated personnel, including provision of written materials
supplied by the department[;].
[(3)] (4) T[t]he conduct of follow-up infant hearing screening or pro-
vision of referrals to obtain follow-up screening on an outpatient basis for
those infants who fail or do not receive infant hearing screening prior to
discharge from the facility. On an annual basis, facilities shall notify the
department whether the facility will conduct follow-up infant hearing
screening or provide referrals for infants to obtain such screening from an-
other facility or provider licensed under State Education Law and autho-
rized to provide infant hearing screening[;].
[(4)] (5) R[r]eferral of infants who are suspected of having a hearing
loss as defined in this part to the Early Intervention Program for appropri-
ate evaluation and early intervention services pursuant to section 69-4.3 of
this title including, but not limited to:
* * *
[(5)] (6) T[t]he reporting of aggregate data on infant hearing screen-
ings to the department upon department request, in a format and frequency
prescribed by the commissioner[; and].
[(6)] (7) T[t]he establishment of facility quality assurance protocols
as necessary pursuant to section 405.6 of this Title to determine and evalu-
ate the effectiveness of the program in ensuring all infants are screened for
hearing loss.
(8) Individual infant data must be reported or updated through the
Early Hearing Detection and Intervention – Information System (EHDI-
IS) or any successor system whenever new screening results are obtained.
(c) Facilities with 400 or fewer births annually, based on a three-year
rolling average, may provide referrals for infants to receive hearing screen-
ing from an article 28 facility or a provider licensed under State Education
Law and authorized under such law to perform infant hearing screening,
or medical assistants trained and deemed capable by an infant hearing
screening program manager, as defined in section 69-8.3 of this Subpart,
to perform basic hearing tests which do not require exercise of clinical
decision-making.
(1) Such referrals shall include a prescription issued by the facility
for infants to receive hearing screening, including a request for results of
the screening to be returned to that facility [,for infants to receive hearing
screening from an article 28 facility or a provider licensed under State
Education Law and authorized under such law to provide infant hearing
screening].
* * *
Subdivision (b) of section 69-8.3 is amended to add a new paragraph
(6) to read as follows:
(b) The program manager shall be responsible for ensuring:
* * *
(6) Establishment of policies and procedures for the audiological
screening of newborns, including training of all personnel, conduct of the
screening, referral, follow-up and documentation procedures.
Section 69-8.4 is amended to read as follows:
(a) All infants born in the facility shall receive an initial hearing screen-
ing prior to discharge from the facility, pursuant to section 69-8.2(b) of
this Subpart, except as provided in section 69-8.2(c) of this Subp[P]art.
* * *
(e) In the event that an infant is not screened for hearing loss prior to
discharge from [the facility] inpatient neonatal care, the program manager
shall ensure that:
* * *
(f) If the infant fails the two-tier inpatient hearing screening, [a repeat
screening shall be conducted whenever possible prior to the infant’s dis-
charge from the facility to minimize the likelihood of false positive results
and need for a follow-up outpatient screening] an outpatient follow-up
screening and/or diagnostic audiological evaluation shall be performed to
confirm the results of the inpatient screenings.
[(g) If the infant fails the inpatient screening and any repeat screening,
if performed, an outpatient follow-up screening shall be performed to
confirm the results of the inpatient screens.
(h)] (g) If the facility has elected to conduct follow-up hearing screen-
ing either directly or through a contractual agreement, the following
procedures shall be followed:
* * *
(7) If the facility or provider under contract with the facility cannot
reach the family or for any other reason cannot schedule and complete a
follow-up screening within [seventy-five] sixty days from discharge, the
infant shall be referred to the early intervention official in his or her county
of residence as an at-risk child in accordance with section 69-4.3 of this
title, unless the parent objected to the referral at the time of the inpatient
hearing screening[;]. The parent’s objection to a follow-up screening must
be entered into EHDI-IS or any successor system;
* * *
[(i)] (h) If the facility elects to refer infants who fail the inpatient hear-
ing screening to other facilities or providers licensed under the State
NYS Register/December 20, 2023 Rule Making Activities
13
Education Law and authorized by such law to perform infant hearing
screening on an outpatient basis, the following procedures shall be used:
* * *
(4) The parent shall be informed that if results of a follow-up
outpatient screening are not returned to the facility within sixty days, the
infant will be referred as an at-risk child to the early intervention official
in their county of residence for follow-up purposes unless the parent(s)
object to such a referral, in accordance with section 69-4.3 of this Part.
* * *
(7) If results of a follow-up outpatient screening are not returned to
the facility within [seventy-five] sixty days, the infant shall be referred as
an at-risk child to the early intervention official in his/her county of resi-
dence for follow-up purposes, in accordance with section 69-4.3 of this
part, unless the parent has objected to such a referral. The parent’s objec-
tion to a follow-up screening must be entered into EHDI-IS or any succes-
sor system.
Subdivision (d) of section 69-8.5 is amended, and a new subdivision (e)
is added to read as follows:
* * *
(d) The program manager shall report all infant hearing screening
results in the EHDI-IS, or any successor system, as directed by the
department.
[(d)] (e) The department may seek corrective action as necessary to
ensure infants are screened for hearing loss under the referral process
provided for in this section.
Section 69-8.6 is amended to read as follows:
(a) In the event that an infant is transferred from one facility to another
such facility, the facility discharging the infant to home shall be responsible
for ensuring that infant hearing screening services are provided to the
infant and reported to the department in a manner consistent with the ap-
plicable provisions set forth in this [Part] Subpart. If the infant fails [both
an initial] the inpatient infant hearing screening and any follow-up outpa-
tient infant hearing screening, the infant shall be referred for an evaluation
to the early intervention official in his or her county of residence, accord-
ing to the procedures set forth in section 69-4.3 of this Part unless the par-
ent objects. The parent’s objection to a follow-up screening must be
entered into EHDI-IS or any successor system.
(b) Medically unstable infants shall receive infant hearing screening
prior to discharge to home and as early as development or medical stabil-
ity will permit such screening. In instances where the medical condition of
the infant contraindicates infant hearing screening, a decision to forgo
such screening may be made and documented in the medical record and
reported to the department in a manner consistent with the applicable pro-
visions set forth in this Subpart.
A new section 69-8.7 is added to read as follows:
Section 69-8.7 Responsibilities of Persons Performing Infant Hearing
Screening.
(a) Anyone who performs an infant hearing screening and/or diagnostic
audiological evaluation upon a child under six months of age shall report
the results of such screening or evaluation to the department through the
Early Hearing Detection and Intervention – Information System (EHDI-
IS) or any successor system as directed by the department.
(b) Infant hearing screening reporting must include:
(1) the results of each newborn infant hearing screening performed
and
(2) such other information or data as may be required by the depart-
ment to fulfill the purposes of this section.
Revised rule compared with proposed rule: Substantial revisions were
made in sections 69-8.1(g) and 69-8.2(b).
Text of revised proposed 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
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
Statutory Authority:
Section 2500-g of the Public Health Law (PHL) provides authority for
the Department of Health (Department) to oversee and regulate Statewide
newborn hearing screening and follow-up.
Legislative Objectives:
The proposed regulations satisfy the objective of PHL section 2500-g to
establish a Statewide program for screening newborns for hearing
problems and detecting hearing problems as early as possible in an infant’s
life. Particularly, this statute directs the Commissioner to incorporate
medical guidelines and protocols that reflect the most cost-effective
methods for early detection of newborn hearing problems. Consistent with
this objective, the regulations will align with National Joint Committee on
Infant Hearing (JCIH) evidence-based practices for newborn hearing
screening to ensure early detection and referral for infants identified as
having hearing difficulties, while also reducing the number of infants
requiring follow-up hearing screening following discharge from neonatal
care, which can result in cost savings.
Needs and Benefits:
The proposed rule is necessary to establish procedures for a two-tier
inpatient newborn hearing screening protocol for infants in the well-born
nursery, which will align with National Joint Committee on Infant Hear-
ing (JCIH) evidence-based practices and reduce the number of infants
requiring follow-up hearing screening following discharge from neonatal
care. Implementation of two-tier inpatient newborn hearing screening
benefits families with newborns by decreasing the number of infants who
do not pass their hearing screening prior to discharge (reduces the number
of infants who receive false positive results) and benefits perinatal facili-
ties by reducing the number of infants that require tracking to report
outpatient hearing screening results. This method will increase the ac-
curacy of the newborn hearing screening program. In addition, the
proposed rule changes are necessary to update the requirement to report
hearing screenings to the Department, to ensure effective Statewide moni-
toring and clarify the responsibilities of health care professionals with re-
spect to reporting newborn hearing screening data.
Costs for the Implementation of, and Continuing Compliance with the
Regulation to the Regulated Entity:
Some Article 28 facilities that do not have both otoacoustic emissions
(OAE) and auditory brainstem response (ABR) technology available will
need to acquire new equipment to comply with the updated newborn hear-
ing screening requirements. Based on 2021 data, approximately 76 Article
28 facilities statewide have both OAE and ABR equipment for newborn
hearing screening. Approximately 56 facilities have ABR only and can opt
to continue utilizing this technology for their newborn hearing screening
programs. A significantly smaller number of birth facilities (an estimated
two facilities) will need to acquire ABR equipment, an expenditure of ap-
proximately $15,000 for either ABR alone or combination ABR/OAE
screening equipment. Initial costs would be offset by revenue (global fee
for inpatient stay).
Costs to the Agency, the State and Local Governments for the Imple-
mentation of and Continuing Compliance with the Rule:
The proposed rules will result in no additional costs for the Department
or State and local governments.
Local Government Mandates:
The proposed rule does not impose any new duty upon any county, city,
town, village, school district, fire district, or other special district, as all
existing EIP requirements on localities that administer the EIP at the local
level will remain unchanged by the amended regulations.
Paperwork:
The proposed rules do not impose any new paperwork requirements
upon any state or local governments.
Duplication:
The proposed rules do not duplicate, overlap, or conflict with relevant
rules and other legal requirements of the state and federal government.
Alternatives:
Alternatives to the proposed rules include amendments or additions to
the following;
DSubdivision (g) of Section 69-8.1: Includes the addition of auditory
brainstem response (ABR) screening as a Two-tier infant hearing screen-
ing option,
D Subdivision (b) of Section 69-8.2: Requires that infants cared for in
the NICU who do not pass the inpatient ABR screening are referred to a
licensed provider to perform a comprehensive audiological evaluation,
follow up screenings/referrals are obtained prior to discharge from the fa-
cility, hearing screening data is reported to the Department upon request
and in a format and frequency prescribed by the commissioner, and the
establishment of facility quality assurance protocols pursuant to Section
405.6.
Not adopting these rules is not a viable option, as amendment is neces-
sary to align Department regulations with the Joint Committee on Infant
Hearing recommendations, thereby satisfying the directive in PHL section
2500-g to regulate newborn hearing screening in a manner that incorpo-
rates consensus medical guidelines and protocols that reflect the most
cost-effective methods for detecting hearing problems as early as possible
in an infant’s life.
The Department presented the proposed regulations to the Early Hear-
ing Detection and Intervention (EHDI) Advisory Group meeting on June
17, 2021. The EHDI Advisory Group was supportive of the proposed
changes; no specific alternative proposals were recommended by the EHDI
Advisory Group.
NYS Register/December 20, 2023Rule Making Activities
14
Federal Standards:
There are no applicable federal standards.
Compliance Schedule:
The proposed rules will be effective immediately upon adoption. These
proposed rules conform current regulation to existing requirements in
state statutes.
Revised Regulatory Flexibility Analysis, Rural Area Flexibility Analysis
and Job Impact Statement
Changes made to the last published rule do not necessitate revision to the
previously published Regulatory Flexibility Analysis, Rural Area Flex-
ibility Analysis and Job Impact Statement.
Assessment of Public Comment
Public comments were received from fourteen (14) various stakehold-
ers including but not limited to birth facilities (5), three professional
organizations, three non-facility providers of newborn hearing screening
services, two companies that furnish newborn hearing screening equip-
ment and services, and an advocate of American Sign Language. The
Department provided updates on proposed regulations to stakeholders at
bimonthly meetings of its Early Hearing Detection and Intervention
(EHDI) Advisory Group, and shared general updates at quarterly Early
Intervention Coordinating Council (EICC) meetings. Additionally, the
New York State Department of Health (Department) convened a public
hearing. An in-person public hearing was held at the New York State
(NYS) Convention Center, Meeting Room 1, Empire State Plaza in
Albany, New York on April 13, 2023 11:00 AM to 1:00 PM. One individ-
ual attended the public hearing: no members of the public presented com-
ments on April 13, 2023.
Section 69-8.2(b)1
Subject: Type of technology and screening protocols for infant hearing
screening for well-born nursery (WBN) and for neonatal intensive care
unit (NICU)
COMMENT: Eight commenters recommended that a distinction be
included in the regulation regarding the screening protocols and equip-
ment used for infant hearing screening depending on whether the infant
was in the well-born nursery (WBN) or received care in a neonatal
intensive care unit (“NICU”). Specifically, these commenters recom-
mended the sole use of (automated) auditory brainstem response (ABR)
screening for infants who have received care in the neonatal intensive care
unit (NICU) to conform with the Joint Committee on Infant Hearing 2019
recommendations.
RESPONSE: The Department incorporated the recommended modifica-
tion in section 69-8.2(b)(1) of the proposed regulation.
COMMENT: Several commenters recommended limiting the two-tier
screening protocol to the well-born nursery (WBN) and further recom-
mended allowing the use of either AABR or OAE for the initial screening
in the WBN.
RESPONSE: The Department modified the proposed rule to specify the
use of a two-tier screening protocol for newborn hearing screening in the
well-born nursery (WBN). Additionally, either AABR or OAE may be
used for the initial screening; if the initial hearing screening is failed in
one or both ears, the infant must receive a re-screening with AABR in
both ears prior to discharge.
COMMENT: Two commenters recommended broadening the regula-
tions to allow the use of either a two-tiered screening system or a single-
tier AABR-only screening system in the well-born nursery (WBN).
RESPONSE: The two-tier hearing screening protocol for inpatient
screening in the well-born nursery will assist in identifying infants
suspected of hearing loss earlier and will be of benefit in efforts to identify
infants with potential congenital cytomegalovirus (cCMV) as early as
possible. The two-tier screening requirement – a secondary newborn hear-
ing screening using AABR before discharge from the birth facility for
infants in the well-born nursery who fail the initial newborn hearing
screening – is retained.
Subject: Follow-up protocol for infants who received NICU care and
fail AABR
COMMENT: Four commenters recommended including a specific
follow-up protocol, in accordance with the JCIH 2019 Position Statement
(page 9), for infants cared for in the NICU who do not pass the AABR,
indicating they should be referred directly to an audiologist for rescreen-
ing, and if indicated, given a comprehensive audiological evaluation
including diagnostic ABR.
1
RESPONSE: The Department incorporated this recommendation.
COMMENT: One commenter recommended adding a requirement that
birth facilities be required to achieve standard quality benchmark rates via
appropriate application of screening protocols.
RESPONSE: The Department will take this comment under advisement.
Subject – Expense of newborn hearing screening equipment
COMMENT: One commenter stated that some hospitals do not have
the ability to do ABR testing and thus do only OAE testing, and further
noted that the cost of ABR can be expensive. Another commenter
expressed concerns about the potential difficulty for programs using
AABR only to add OAE screening and train personnel to use OAE ef-
fectively, which, they assert, could potentially increase refer rates.
RESPONSE: One goal of the current amendments to statewide newborn
hearing screening regulations is to reduce loss to follow up/loss to
documentation for those infants who fail inpatient newborn hearing
screening. A two-tier protocol consisting of initial OAE or AABR screen-
ing followed by AABR for infants who fail the initial screening can
decrease the fail rate at hospital discharge, thereby reducing the need for
outpatient follow up, according to the Joint Committee on Infant Hearing
(JCIH) 2019 Position Statement.
In response to public comments, the Department modified the two-tier
inpatient newborn hearing screening protocol. Specifically, birth facilities
will be required to implement a two-tier screening protocol for those
infants in the WBN who fail initial OAE or AABR. The secondary screen-
ing, for infants who fail the initial screening, will be conducted using
AABR. Further, infants who have received NICU care will be screened
using AABR equipment for the initial hearing screening and for any sec-
ondary screen. Data from 2021 data show that two birth facilities have
only otoacoustic emission (OAE) screening capability, while 76 have both
OAE and AABR and 56 utilize AABR only.
Subject – Administrative questions
COMMENT: Two commenters requested additional information
regarding the logistics of the Public Hearing on the proposed newborn
hearing screening regulations, which was held on April 13, 2023, in
Albany, NY.
RESPONSE: The Department provided responses to these inquiries in
advance of the Public Hearing, which was included with the proposed
rulemaking in the March 22, 2023 publication of the NY State Register.
Subject – Clarification of content of public hearing
COMMENT: One commenter requested clarification on whether open
discussion or learning tools about the hearing screening process would be
part of the public hearing.
RESPONSE: The Department clarified the process in a written re-
sponse, which indicated that the public hearing would be conducted in
person and include an overview of the proposed regulations (presented
orally and visually) and an opportunity for community members to provide
comments to the Department.
Subject – American Sign Language
COMMENT: One commenter expressed concern that the proposed
regulations on newborn hearing screening do not mention American Sign
Language (ASL) and expressed an interest in ensuring that EHDI Program
is inclusive of ASL and the needs of the deaf and hard-of-hearing
community.
RESPONSE: This comment is noted. The Department recognizes that
families of young children who are deaf or hard-of-hearing can benefit
from information on the continuum of communication options available to
them. The Department’s Early Intervention Program developed a clinical
practice guideline on hearing loss titled Hearing Loss: Assessment and
Intervention for Young Children (Age 0-3 Years), which includes Ameri-
can Sign Language and other communication approaches for families to
consider when exploring options for their child and family. Additional in-
formation is available at https://www.health.ny.gov/community/
infants_children/early_intervention/docs/
guidelines_hearing_loss_recommendations.pdf
Subject – General support/follow-up rates
COMMENT: One commenter generally agreed with most of the
changes to the newborn hearing screening regulations, including advan-
tages to a two-tier screening program. The commenter expressed concerns
including the poor follow-up rates across New York State.
RESPONSE: The Department recognizes that infants are lost to follow
up and/or lost to documentation after discharge from birthing facilities,
resulting in poor follow-up rates. The proposed regulations are intended to
improve the inpatient newborn hearing screening process, which is one
step in improving statewide performance. Additionally, the updated
screening protocol for inpatient screening will assist in identifying infants
suspected of hearing loss earlier, which will be of benefit in efforts to
identify infants with potential congenital cytomegalovirus (cCMV) as
early as possible. To address loss to documentation, the proposed regula-
tions also require those conducting outpatient follow-up hearing screening
on infants under six months of age to report date to the Department’s Early
Hearing Detection and Intervention Information System (EHDI-IS).
Subject – General support/technical assistance questions
COMMENT: One commenter indicated appreciation for the proposed
modifications to the current regulations and submitted several technical
assistance questions for the Department’s review.
RESPONSE: The comment is noted. The Department is reviewing the
technical assistance questions and will issue responses once the proposed
regulations are finalized.
NYS Register/December 20, 2023 Rule Making Activities
15
Subject – Follow-up rates
COMMENT: A commenter also suggested potential ways to improve
follow-up rates, including targeted technical assistance to underperform-
ing facilities and networking in regions of the State.
RESPONSE: The Department agrees that technical assistance is an
important component of the EHDI Program and provides regular technical
assistance to birth facilities in response to inquiries and based on review of
data.
Subject – Rescreening (multiple)
COMMENT: One commenter suggested encouraging facilities to
rescreen an infant multiple times (2-3 times) prior to discharge as feasible
instead of implementing a two-tier newborn hearing screening protocol.
RESPONSE: The proposed regulations strengthen inpatient protocols
by requiring the use of a two-tier approach to newborn hearing screening
prior to discharge for infants in the well-born nursery. Birth facilities retain
the option to conduct repeat AABR screening for infants who have
received NICU care. The JCIH 2019 Position Statement (page 8) recom-
mends providing a single repeat screen prior to discharge, as close to dis-
charge as practicable, if the infant does not pass the first hearing screen,
and notes that the second screen, if required, should not be performed im-
mediately following the first screen, but should occur at least several hours
later.
2
The proposed amendments are intended to ensure a consistent, reli-
able approach in the EHDI Program across the State and facilitate early
identification of infants suspected of hearing loss.
Subject – Birth facility reporting responsibilities
COMMENT: One commenter notes some birthing facilities have
requested not to receive hearing screening outpatient results.
RESPONSE: Birth facilities are required to report data on infant hear-
ing screenings to the Department. Outpatient providers should be notify-
ing the birth facility of outcomes on hearing rescreening conducted post-
discharge to assist the facility with Early Hearing Detection and
Intervention (EHDI) Program management, including reporting require-
ments and quality improvement efforts.
Subject – Bilateral rescreening
COMMENT: A commenter asserted that if OAE screening is not passed
in only one ear, only that ear must be rescreened to save time and money.
RESPONSE: If a baby fails a screening in one ear, the rescreening must
still be done on both ears. The JCIH 2019 Position Statement indicates
that “a pass outcome implies that the infant passes both ears simultane-
ously (in the same screening session). Specifically, an infant who does not
pass both ears in the same screening session, even if each ear has
separately passed a screening, does not constitute a pass outcome” (page
7).
3
The JCIH 2019 Position Statement further notes that outpatient
rescreening should always include the testing of both ears, even if only
one ear did not pass the inpatient screening (page 10).
———————————
1
Joint Committee on Infant Hearing (2019). Year 2019 position
statement: Principles and guidelines for Early Hearing Detection and
Intervention Programs. Journal of Early Hearing Detection and Interven-
tion, 4(2): 1-44.
2
Joint Committee on Infant Hearing (2019). Year 2019 position
statement: Principles and guidelines for Early Hearing Detection and
Intervention Programs. Journal of Early Hearing Detection and Interven-
tion, 4(2): 1-44.
3
Joint Committee on Infant Hearing (2019). Year 2019 position
statement: Principles and guidelines for Early Hearing Detection and
Intervention Programs. Journal of Early Hearing Detection and Interven-
tion, 4(2): 1-44.
Public Service Commission
NOTICE OF ADOPTION
Electric Metering Equipment
I.D. No. PSC-19-23-00015-A
Filing Date: 2023-11-29
Effective Date: 2023-11-29
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: On 11/16/23, the PSC adopted an order approving Tesla,
Inc.’s (Tesla) petition to use the Tesla Backup Switch, a meter accessory
supporting the installation and operation of Tesla Powerwall, for electric
metering applications in New York State.
Statutory authority: Public Service Law, section 67(1)
Subject: Electric metering equipment.
Purpose: To approve Tesla’s petition to use electric metering equipment
for metering applications in New York State.
Substance of final rule: The Commission, on November 16, 2023,
adopted an order approving Tesla, Inc.’s petition to use the Tesla Backup
Switch, a meter accessory supporting the installation and operation of
Tesla Powerwall, as tested by National Grid and witnessed by Staff, for
electric metering applications in New York State, subject to the terms and
conditions set forth in the order.
Text or summary was published in the May 10, 2023 issue of the Register,
I.D. No. PSC-19-23-00015-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commis-
sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of the
State Administrative Procedure Act.
(23-E-0137SA1)
NOTICE OF ADOPTION
Transfer of Electric Transmission Facilities
I.D. No. PSC-39-23-00009-A
Filing Date: 2023-12-04
Effective Date: 2023-12-04
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: On 12/4/23, the PSC adopted an order approving the transfer
of the #30 Line Reconductor Facilities from LS Power Grid New York
Corporation I (LS Power) to Niagara Mohawk Power Corporation d/b/a
National Grid (National Grid).
Statutory authority: Public Service Law, sections 5, 65, 66 and 70
Subject: Transfer of electric transmission facilities.
Purpose: To approve the transfer of electric transmission facilities from
LS Power to National Grid.
Substance of final rule: The Commission, on December 4, 2023, adopted
an order approving the transfer of the #30 Line Reconductor Facilities
from LS Power Grid New York Corporation I to Niagara Mohawk Power
Corporation d/b/a National Grid (National Grid). The transfers of the
Article VII Certificate of Environmental Compatibility and Public Need,
and the rights and responsibilities thereunder, are also approved among
and between LS Power Grid New York Corporation I, LS Power Grid
New York, LLC, the New York Power Authority, and National Grid.
Within 30 days of the issuance of the order, LS Power Grid New York,
LLC and LS Power Grid New York Corporation I shall file with the Secre-
tary, for Department of Public Service Staff’s review and acceptance, a
vegetation management plan for their transmission assets. The vegetation
management plan shall substantially comply with 16 NYCRR Part 84, the
final orders issued in Cases 04-E-0822 and 10-E-0155, and the applicable
conditions of the Certificate Order, subject to the terms and conditions set
forth in the order.
Text or summary was published in the September 27, 2023 issue of the
Register, I.D. No. PSC-39-23-00009-P.
Final rule as compared with last published rule: No changes.
Text of rule may be obtained from: John Pitucci, Public Service Commis-
sion, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-
security no. is required from firms or persons to be billed 25 cents per
page. Please use tracking number found on last line of notice in requests.
Assessment of Public Comment
An assessment of public comment is not submitted with this notice because
the rule is within the definition contained in section 102(2)(a)(ii) of the
State Administrative Procedure Act.
(23-E-0512SA1)
NYS Register/December 20, 2023Rule Making Activities
16
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Proposed Revisions Related to the Integrated Energy Data
Resource Platform
I.D. No. PSC-51-23-00004-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 proposed tariff revi-
sions filed by multiple utilities regarding liability for data transferred to
the Integrated Energy Data Resource Platform.
Statutory authority: Public Service Law, sections 5, 65, 66 and 74
Subject: Proposed revisions related to the Integrated Energy Data
Resource platform.
Purpose: To ensure consistency between utility tariffs and the Commis-
sion’s orders regarding the Integrated Energy Data Resource.
Substance of proposed rule: The Public Service Commission (Commis-
sion) is considering proposals filed on November 9, 2023 by Consolidated
Edison Company of New York, Inc., Orange and Rockland Utilities, Inc.,
and Liberty Utilities (St. Lawrence Gas) Corp.; on November 10, 2023 by
Central Hudson Gas & Electric Corporation; and on November 13, 2023
by Niagara Mohawk Power Corporation d/b/a National Grid, KeySpan
Gas East Corp. d/b/a Brooklyn Union of L.I., The Brooklyn Union Gas
Company, National Fuel Gas Distribution Corporation, New York State
Electric & Gas Corporation, and Rochester Gas and Electric Corporation
(collectively, the Companies), to modify tariffs related to the statewide
Integrated Energy Data Resource (IEDR) platform, in compliance with the
Commission’s Order Addressing Integrated Energy Data Resource Mat-
ters (IEDR Order) issued on October 13, 2023.
The Companies’ proposals seek to eliminate utility liability under
each utility’s tariff for data transferred to the IEDR platform. Specifi-
cally, the tariff amendments would: (1) state that the utility is transfer-
ring Data Sets, as defined in the Commission’s Order Adopting a Data
Access Framework and Establishing Further Process issued on April
15, 2021 in Case 20-M-0082, to the State’s IEDR platform; (2) explain
that Data Sets are comprised of Customer Energy Usage Data Set,
Customer Contact Data Set, and Customer Billing Data Set; (3)
explain that while Data Sets could include non-anonymized and non-
aggregated customer-specific data, no highly confidential personal in-
formation, such as social security number or banking information,
will be made available or included in the Data Sets; (5) expressly state
that once the utility transfers data to the IEDR platform, the utility is
not liable for any improper access or sharing of the Data Sets; and (4)
expressly provide that, consistent with the Commission’s policies
regarding data ownership, this data is owned by the customer and not
the utility. In accordance with Ordering Clause No. 2 of the IEDR Or-
der, the proposed tariff revisions would be effective on a temporary
basis on December 1, 2023, subject to stakeholder feedback and final
Commission approval.
The full text of the proposals 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 Phillips, Secre-
tary, 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-M-0082SP12)
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Notice of Intent to Submeter Electricity
I.D. No. PSC-51-23-00005-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 the notice of intent of
GS White Plains Owner, LLC to submeter electricity at 25 North Lexington
Avenue, White Plains, New York.
Statutory authority: Public Service Law, sections 2, 4(1), 30, 32-48, 52,
53, 65(1), 66(1), (2), (3), (4), (12) and (14)
Subject: Notice of intent to submeter electricity.
Purpose: To ensure adequate submetering equipment and consumer
protections are in place.
Substance of proposed rule: The Commission is considering the notice of
intent filed by GS White Plains Owner, LLC (Owner) on November 14,
2023, seeking authority to submeter electricity to a new rental building
with fair-market and affordable units at 25 North LexingtonAvenue, White
Plains, New York 10601, located in the service territory of Consolidated
Edison Company of New York, Inc. (Con Edison).
The building consists of 500 residential units, 15 of which will be
rent subsidized. Specifically, 12 units are reserved for tenants earing
60 percent of the area median income (AMI), and the remaining three
are reserved for tenants earning 50 percent of the AMI. Heat will be
provided by water source heat pumps via a gas boiler system.
In the notice of intent, GS White Plains Owner, LLC requests au-
thorization to take electric service from Con Edison and then distrib-
ute and meter that electricity to its residents. Once approved by the
Commission, submetering of electricity to residential tenants is al-
lowed so long as it complies with the protections and requirements of
the Commission’s regulations in 16 NYCRR Part 96.
The full text of the notice of intent and the full record of the
proceeding may be reviewed online at the Department of Public Ser-
vice web page: www.dps.ny.gov. The Commission may adopt, reject,
or modify, in whole or in part, the action proposed and may resolve re-
lated 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.
(23-E-0675SP1)
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Banked Clean Energy Standard Tier 1 Value of Distributed
Energy Resources Renewable Energy Certificates
I.D. No. PSC-51-23-00006-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
Joint Utilities to enable the transfer of banked Clean Energy Standard Tier
1 Value of Distributed Energy Resources Renewable Energy Certificates
among the Joint Utilities.
Statutory authority: Public Service Law, sections 5(1)(b), (2), 65(1), (2),
(3), 66(1), (2), (5), (12), (14), 66-j, 66-l and 66-p
NYS Register/December 20, 2023 Rule Making Activities
17
Subject: Banked Clean Energy Standard Tier 1 Value of Distributed
Energy Resources Renewable Energy Certificates.
Purpose: To consider the transfer of such renewable energy certificates
among utilities.
Substance of proposed rule: The Commission is considering a petition
filed on November 14, 2023, by Central Hudson Gas & Electric Corpora-
tion, Consolidated Edison Company of New York, Inc., New York State
Electric & Gas, Niagara Mohawk Power Corporation d/b/a National Grid,
Orange & Rockland Utilities, Inc., and Rochester Gas & Electric Corpora-
tion (collectively, the Joint Utilities) to enable the transfer of banked Clean
Energy Standard (CES) Tier 1 Value of Distributed Energy Resources
(VDER) renewable energy certificates (RECs) among the Joint Utilities at
established tariff rates for CES compliance years 2023 and 2024 (Petition).
Further, the Joint Utilities request that the Commission direct the
New York State Research and Development Authority (NYSERDA)
to purchase any residual VDER RECs not needed by any of the Joint
Utilities for compliance purposes during periods prior to the formal
transition of the CES Tier 1 program to a load share ratio compliance
methodology beginning in 2025.
The petition explains that the Commission’s April 20, 2023 Order
Modifying Clean Energy Standard Tier 1 Obligations directed the
transition in the Tier 1 program from a load serving entity (LSE)
obligation based on an annual percentage, with LSEs purchasing RECs
in the market though auctions and self-supply, to a load share ratio
approach. While the petition recognized the potential benefits of this
change, the Joint Utilities assert that certain unchanged features of the
existing Tier 1 program are expected to cause unintended conse-
quences for the Joint Utilities when the transition to the load share ra-
tio methodology takes effect. The petition asserts that the prohibition
on transferring Tier 1 VDER RECs among the Joint Utilities will result
in the forfeiture of approximately 1.1 million RECs at the end of CES
compliance year 2024, which would result in over $33 million in un-
necessary charges to utility customers. The petition thus requests that
the Commission modify its policies and enable the transfer of banked
Tier 1 VDER RECs among the Joint Utilities at the close of CES
compliance years 2023 and 2024. Furthermore, the Joint Utilities
request that the Commission direct NYSERDA to purchase any
remaining VDER RECs not needed by any of the Joint Utilities for
compliance purposes during any period prior to the formal transition
of the CES Tier 1 program to a load share ratio LSE obligation
methodology beginning in 2025.
Should the Commission decide against the sale and transfer of Tier
1 VDER RECs among the Joint Utilities, the petition requests that
NYSERDA should be required to purchase all banked Tier 1 VDER
RECs that exceed compliance obligations and NYSERDA include
these banked purchases in the load share ratio methodology that will
begin in 2025.
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 Phillips, Secre-
tary, 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.
(15-E-0751SP52)
Office of Temporary and
Disability Assistance
NOTICE OF ADOPTION
Interviews, Screenings and Assessments for Determining
Eligibility for Public Assistance (PA) by Telephone or Other
Digital Means at PA Applicant’s or Recipient’s Request
I.D. No. TDA-21-23-00003-A
Filing No. 1052
Filing Date: 2023-12-04
Effective Date: 2023-12-20
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of sections 351.2(i)(1)(i)-(ii) and 351.21(a),
(c)-(d) of Title 18 NYCRR.
Statutory authority: Social Services Law, sections 20(3)(d), 34(3)(f),
131(1), 132(4)(a)-(b), 134-a(3), 349-a(2) and 355(3); L. 2021, ch. 133; L.
2021, ch. 144
Subject: Interviews, screenings and assessments for determining eligibil-
ity for public assistance (PA) by telephone or other digital means at PA ap-
plicant’s or recipient’s request.
Purpose: To update State regulations relative to such interviews, screen-
ings and assessments consistent with applicable State law.
Text or summary was published in the May 24, 2023 issue of the Register,
I.D. No. TDA-21-23-00003-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Richard P. Rhodes, Jr., New York State Office of Temporary and
Disability Assistance, 40 North Pearl Street, 16-C, Albany, NY 12243-
0001, (518) 486-7503, email: [email protected].gov
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be
initially reviewed in the calendar year 2028, which is no later than the 5th
year after the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.
Workers’ Compensation Board
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
DME Fee Schedule
I.D. No. WCB-51-23-00003-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 section 442.2 of Title 12 NYCRR.
Statutory authority: Workers’ Compensation Law, sections 117 and 141
Subject: DME Fee Schedule.
Purpose: To update the DME fee schedule.
Text of proposed rule: Paragraph (1) of subdivision (a) of section 442.2 of
Title 12 NYCRR is hereby amended to read as follows:
Section 442.2. Fee schedule
(a)(1) The maximum permissible charge for the purchase of dura-
ble medical equipment, medical/surgical supplies, and orthotic and pros-
thetic appliances shall be the fee payable for such equipment or supplies
under the Official New York Workers’ Compensation Durable Medical
Equipment Fee Schedule, [third] fourth edition, [January 19,] December
202[2]3, prepared and published by the Board, which is hereby incorpo-
rated by reference, available for viewing free of charge on the Board’s
website.
NYS Register/December 20, 2023Rule Making Activities
18
Text of proposed rule and any required statements and analyses may be
obtained from: Heather MacMaster, NYS Workers’ Compensation Board,
Office of General Counsel, 328 State Street, Schenectady, NY 12305,
(518) 486-9564, 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:
Workers’ Compensation Law (WCL) § 117 and § 141 authorizes the
Chair of the Workers’ Compensation Board (Board) to adopt reasonable
rules consistent with the provisions of the WCL.
2. Legislative Objectives:
In keeping with the goals and powers of the New York State Workers’
Compensation Board (Board) to provide quality and efficient care to
injured workers, as well as in accordance with 12 NYCRR 442.1(b)
providing for annual updates of the Durable Medical Equipment (DME)
fee schedule, the proposal updates the DME fee schedule and adds ad-
ditional codes.
3. Needs and Benefits:
The proposed amendments update the Board’s DME fee schedule and
will reduce frictional costs to the system by providing greater clarity in the
fees to be billable/payable for DME.
After a thorough analysis of the DME fee schedule, the Board has
determined that several other codes need to be added and/or removed to
ensure the codes stay up to date.
4. Costs:
There are no additional costs expected as a result of this proposal –the
updating of the fees should either be cost-neutral or reduce overall costs
by standardizing the fees charged for the items covered, and should
increase clarity and decrease confusion. This should in turn reduce
frictional costs associated to fees for DME and unpaid bills for DME
should continue to be reduced.
5. Local Government Mandates:
Municipalities or governmental agencies that are self-insured are
required to comply with the fee schedule updates, but there are no specific
local government mandates associated with this proposal.
6. Paperwork:
No new paperwork will be required as a result of this proposal.
7. Duplication:
There is no duplication of state or federal regulations or standards.
8. Alternatives:
An alternative would be to not update the fee schedule. However, the
Board ultimately decided to provide for these changes in order to reduce
confusion as much as possible and make the process more cost and time
efficient. The proposal provides greater clarity and guidance.
9. Federal Standards:
There are no applicable federal standards.
10. Compliance Schedule:
The proposed regulation is mandatory. All affected carriers and self-
insured employers will need to use the proposed changes to the fee
schedules as well as the prior authorization process. All parties will have
time to make adjustments prior to the proposal’s effective date upon
adoption.
Regulatory Flexibility Analysis
1. Effect of rule:
The proposed regulation updates the durable medical equipment (DME)
fee schedule.
2. Compliance requirements:
All affected carriers and self-insured employers will need to comply
with the updated DME fee schedule.
3. Professional services:
It is believed that no professional services will be needed by small busi-
nesses or local governments to comply with the proposed regulation.
4. Compliance costs:
Compliance with the proposed regulations should not impose compli-
ance costs on small businesses or local governments, as they already must
comply with the current DME fee schedule.
5. Economic and technological feasibility:
Compliance with the proposal is economically and technologically
feasible for small businesses and local governments, as this proposal
simply updates the fee schedule.
6. Minimizing adverse impact:
The proposed regulations were written after a thorough analysis of the
DME fee schedule recently adopted – it updates the fee schedule. The
Board proposed these changes to implement a smoother, more efficient
way of providing DME to injured workers, and to ensure the correct codes
appear in the DME fee schedule.
7. Small business and local government participation:
The Board does not have a small employer or municipality database,
but has sent an electronic communication describing the proposal to ap-
proximately 10,324 subscribers for Board updates (6,364 health care
providers and 3,960 employers) on October 25, 2023.
The Board will also duly consider all public comments received from
small businesses or local governments during the public comment period.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
The proposal updates the durable medical equipment (DME) fee
schedule. The DME fee schedule must be used for all DME provided to
workers’ compensation claimants across New York State, including rural
areas.
2. Reporting, recordkeeping and other compliance requirements; and
professional services:
The same compliance and recordkeeping requirements apply to rural
areas as metropolitan ones, and no special professional services should be
required by rural or any other areas. The proposal updates the fee schedule.
3. Costs:
There are no additional costs expected as a result of this proposal – the
updating of the fee schedule should either be cost-neutral or reduce overall
costs by standardizing the fees charged for items covered and should
increase clarity and decrease confusion. This should in turn reduce
frictional costs associated to fees for DME and unpaid bills for DME
should continue to be reduced.
4. Minimizing adverse impact:
The proposed regulations seek to update the fee schedule – to make the
DME fee schedule as accurate as possible and decrease any potential
confusion with the current DME fee schedule.
5. Rural area participation:
The Board sent an electronic communication describing the proposal to
approximately 10,324 subscribers for Board updates (6,364 health care
providers and 3,960 employers) on October 25, 2023.
Additionally, the Board will duly consider all public comments received
from rural areas during the public comment period.
Job Impact Statement
The proposed regulation will not have any impact, adverse or otherwise,
on jobs. The proposed amendments update the durable medical equipment
fee schedule.
NYS Register/December 20, 2023 Rule Making Activities
19
HEARINGS SCHEDULED
FOR PROPOSED RULE MAKINGS
Agency I.D. No. Subject Matter Location—Date—Time
Environmental Conservation, Department of
ENV-46-23-00007-P . . . . . . . . . . . . . . . . . . . . . . . . Subpart 220-1, Portland Cement Plants;
Subpart 220-3, Asphalt Pavement
Manufacturing Plants
Virtual via Webex—January 17, 2024, 2:00
p.m.
Virtual via Webex—January 17, 2024, 6:00
p.m.
ENV-49-23-00007-P . . . . . . . . . . . . . . . . . . . . . . . . 1,4-Dioxane Limits for Household Cleansing,
Personal Care, and Cosmetic Products
Virtual via Webex—February 6, 2024, 1:00
p.m.
Instructions on how to “join” the hearing
webinar and provide an oral statement will be
published on the department’s proposed
regulations webpage for 6 NYCRR Subpart
352-1 by December 6, 2023. The proposed
regulations webpage for 6 NYCRR 352-1 may
be accessed at: https://www.dec.ny.gov/
regulations/propregulations.html#public or
https://www.dec.ny.gov/chemical/121658.html
Persons who wish to receive the instructions
by mail or telephone may call the department
at (518) 402-8706. Please provide your first
and last name, address, and telephone number
and reference the 6 NYCRR Supart 352-1 pub-
lic comment hearing.
The department will provide interpreter ser-
vices for hearing impaired persons, and
language interpreter service for individuals
with difficulty understanding or reading En-
glish, at no charge upon written request
submitted no later than January 24, 2024. The
written request must be addressed to ALJ
Timothy M. MacPherson, NYS DEC Office of
Hearings and Mediation Services, 625
Broadway, 1st Fl., Albany, NY 12233-1550 or
emailed to ALJ Timothy M. MacPherson at
ENV-51-23-00002-P . . . . . . . . . . . . . . . . . . . . . . . . Regulations on Submission of Fishing Data
and Requirement for Electronic Tracking De-
vices on Federally Permitted Lobster Vessels
Virtual via Webex—February 27, 2024, 2:00
p.m.
Public Service Commission
PSC-40-23-00030-P . . . . . . . . . . . . . . . . . . . . . . . . Proposed Major Rate Increase in Electric
Delivery Revenues
Department of Public Service, 19th Fl. Board
Rm., Three Empire State Plaza, Albany, NY—
January 9, 2024, 10:30 a.m. and continuing
daily as needed (Evidentiary Hearing)*
*On occasion, the evidentiary hearing date
may be rescheduled or postponed. In that
event, notification of any subsequent schedul-
ing changes will be available at the DPS
website (www.dps.ny.gov) under Case 23-E-
0418.
PSC-40-23-00034-P . . . . . . . . . . . . . . . . . . . . . . . . Proposed Major Rate Increase in Gas
Delivery Revenues
Department of Public Service, 19th Fl. Board
Rm., Three Empire State Plaza, Albany, NY—
January 9, 2024, 10:30 a.m. and continuing
daily as needed (Evidentiary Hearing)*
*On occasion, the evidentiary hearing date
may be rescheduled or postponed. In that
event, notification of any subsequent schedul-
ing changes will be available at the DPS
website (www.dps.ny.gov) under Case
23-G-0419.
NYS Register/December 20, 2023Rule Making Activities
20
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-02-23-00020-P . . . . . . . . . . . 01/11/24 Nutrition Program The purpose of this rule is to update the
regulations governing the Nutrition Program
AGRICULTURE AND MARKETS, DEPARTMENT OF
AAM-30-23-00007-P . . . . . . . . . . . 07/25/24 Agriculture water standards for growing,
harvesting, packing, and holding of produce
for human consumption.
To incorporate by reference 21 CFR Part 112,
Subpart E, containing agricultural water
standards.
AAM-43-23-00001-P . . . . . . . . . . . 10/24/24 Incorporation by reference of the 2019 edition
of the Grade A Pasteurized Milk Ordinance
(‘‘PMO’’).
To require certain producers, processors and
manufacturers of milk and milk products to
comply with the 2019 edition of the PMO.
AAM-44-23-00020-P . . . . . . . . . . . 10/31/24 Control of the Asian Long Horned Beetle
(ALB)
To lift approximately 10 square miles of Asian
long horned beetle quarantine in Nassau and
Suffolk Counties
AAM-49-23-00008-P . . . . . . . . . . . 12/05/24 Frequency of Inspections and Testing of
Devices
To modify and clarify certain device testing
requirements
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OFFICE OF
ASA-24-23-00021-P . . . . . . . . . . . 06/13/24 Voluntary certification of Recovery
Residences in NYS.
This Part establishes requirements for recovery
residences certified by the Office of Addiction
Services and Supports (OASAS).
ASA-40-23-00035-EP . . . . . . . . . . . 10/03/24 Credentialing of Addiction Professionals Add new credentialing pathway for a CASAC-
Provisional and modify outdated terminology.
CANNABIS MANAGEMENT, OFFICE OF
*OCM-49-22-00024-ERP . . . . . . . . . . . 12/07/23 Violations, Hearings and Enforcement The proposed rule establishes parameters
around violations, hearings, and enforcement
creating requirements intended to further
protect public health, safety, and welfare by
preventing unlawful cannabis or unsafe
practices from entering the marketplace
NYS Register/December 20, 2023 Action Pending Index
21
CANNABIS MANAGEMENT, OFFICE OF
OCM-45-23-00005-P . . . . . . . . . . . 11/07/24 Amend Medical Cannabis Regulations. Amend medical cannabis regulations to align
with adult-use cannabis regulations and
address operational concerns.
CHILDREN AND FAMILY SERVICES, OFFICE OF
CFS-36-23-00023-P . . . . . . . . . . . 09/05/24 Preventive Housing Subsidy To increase the preventive services housing
subsidy for foster children living independently
from $300.00 to $725.00 a month
CFS-39-23-00002-P . . . . . . . . . . . 09/26/24 Workload Reduction To update various rules regarding the
certification or approval of foster family
boarding homes.
CFS-41-23-00003-P . . . . . . . . . . . 10/10/24 Casework Contacts To clarify rules regarding casework contacts,
and allow, in limited circumstances, the use of
videoconferencing
CFS-42-23-00002-EP . . . . . . . . . . . 10/17/24 Expansion of eligibility for child care
assistance program
To implement changes to the child care
assistance program set forth in Chapter 56 of
the Laws of 2023
CIVIL SERVICE, DEPARTMENT OF
CVS-40-23-00002-P . . . . . . . . . . . 10/03/24 M/C Sick Leave To increase the maximum sick leave days that
may be accumulated by employees designated
M/C from 200 to 225
CVS-40-23-00005-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-40-23-00006-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To delete a position from and to classify a
position in the non-competitive class
CVS-40-23-00007-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the exempt class.
CVS-40-23-00008-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-40-23-00009-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-40-23-00010-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-40-23-00011-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-40-23-00012-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To delete a position from and to classify a
position in the non-competitive class
CVS-40-23-00013-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To delete a position from and to classify a
position in the non-competitive class
CVS-40-23-00014-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To delete positions from and to classify
positions in the non-competitive class
CVS-40-23-00015-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the exempt class.
CVS-40-23-00016-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify positions in the exempt class.
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
22
CIVIL SERVICE, DEPARTMENT OF
CVS-40-23-00017-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-40-23-00018-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the exempt class.
CVS-40-23-00019-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-40-23-00020-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the exempt class and
to classify positions from the non-competitive
class
CVS-40-23-00021-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the exempt class.
CVS-40-23-00022-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To delete positions from and to classify
positions in the exempt class.
CVS-40-23-00023-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-40-23-00024-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To delete a position from and to classify a
position in the exempt class.
CVS-40-23-00025-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-40-23-00026-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify a position in the exempt class.
CVS-40-23-00027-P . . . . . . . . . . . 10/03/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-44-23-00001-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-44-23-00002-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To delete a position from and to classify a
position in the exempt class.
CVS-44-23-00003-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-44-23-00004-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-44-23-00005-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-44-23-00006-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify a position in the exempt class.
CVS-44-23-00007-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-44-23-00008-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-44-23-00009-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify a position in the exempt class and
to classify positions in the non-competitive
class
CVS-44-23-00010-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-44-23-00011-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify a position in the non-competitive
class
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
23
CIVIL SERVICE, DEPARTMENT OF
CVS-44-23-00012-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-44-23-00013-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the exempt and non-
competitive classes
CVS-44-23-00014-P . . . . . . . . . . . 10/31/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-50-23-00001-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-50-23-00002-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To delete a position from and to classify a
position in the non-competitive class
CVS-50-23-00003-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-50-23-00004-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-50-23-00005-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the non-competitive
class
CVS-50-23-00006-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-50-23-00007-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-50-23-00008-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-50-23-00009-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify a position in the non-competitive
class
CVS-50-23-00010-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-50-23-00011-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the exempt class.
CVS-50-23-00012-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify a position in the exempt class.
CVS-50-23-00013-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify a position in the exempt class.
CVS-50-23-00014-P . . . . . . . . . . . 12/12/24 Jurisdictional Classification To classify positions in the non-competitive
class
CORRECTION, STATE COMMISSION OF
CMC-40-23-00003-P . . . . . . . . . . . 10/03/24 Use of body imaging scanning equipment. To establish regulations for the use of body
imaging scanning equipment to screen visitors
and incarcerated individuals.
CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF
CCS-41-23-00001-P . . . . . . . . . . . 10/10/24 Applicability of Title Update agency name of DOCCS and remove
outdated reference to State Commission of
Correction
CCS-42-23-00003-P . . . . . . . . . . . 10/17/24 Privileged Correspondence Remove privileged correspondence
classification from mail received from the
correctional association of New York State.
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
24
CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF
CCS-42-23-00005-P . . . . . . . . . . . 10/17/24 Definition; individuals designated as officials
of the Department of Corrections and
Community Supervision
To add the Director of Prison Rape Elimination
Act Compliance and Assistant Director of the
Training Academy as officials
CCS-49-23-00009-P . . . . . . . . . . . 12/05/24 Green Haven Correctional Facility To remove an obsolete reference to previously
repealed section 100.22
CRIMINAL JUSTICE SERVICES, DIVISION OF
CJS-16-23-00008-EP . . . . . . . . . . . 04/18/24 FIREARM LICENSING APPEALS Set forth an appeal process for when there is a
denial of a firearms application, renewal, or
recertification, or revocation
ECONOMIC DEVELOPMENT, DEPARTMENT OF
EDV-40-23-00028-P . . . . . . . . . . . 10/03/24 NYC Musical and Theatrical Production Tax
Credit Program
To update the additional administrative process
of this tax credit program and conform to
statute
EDV-42-23-00001-P . . . . . . . . . . . 10/17/24 Empire State Film Production Tax Credit
Program
To update the administrative process of this tax
credit program
EDV-42-23-00004-P . . . . . . . . . . . 10/17/24 Empire State Post Production Tax Credit
Program
To update the additional administrative process
of this tax credit program and conform to
statute
EDUCATION DEPARTMENT
EDU-09-23-00029-ERP . . . . . . . . . . . 02/29/24 Licensure of licensed behavior analysts and
certification of behavior analyst assistants
To implement Chapter 818 of the Laws of 2021
and Chapter 641 of the Laws of 2022 and align
provisions with national standards.
EDU-09-23-00031-RP . . . . . . . . . . . 05/01/24 Special education due process hearings. To amend due process hearing procedures
relating to extensions, mediation and
resolution, rules of conduct, and use of in-
person, teleconference, and videoconference
hearings
EDU-13-23-00018-RP . . . . . . . . . . . 03/28/24 Mental health practitioners’ diagnostic
privilege.
To implement sections 2 and 3 of Chapter 230
of the Laws of 2022.
EDU-26-23-00015-P . . . . . . . . . . . 06/27/24 Registration and operation of central fill
pharmacies.
To establish parameters for the central fill
pharmacy model.
EDU-35-23-00004-EP . . . . . . . . . . . 08/29/24 School food service programs and bidding
exemptions for purchasing New York State
food and milk.
To implement Part OO of Chapter 58 of the
Laws of 2023.
EDU-39-23-00010-P . . . . . . . . . . . 09/26/24 Regents accreditation. See attached.
EDU-39-23-00011-P . . . . . . . . . . . 09/26/24 Computer science tenure area. See attached.
EDU-39-23-00012-P . . . . . . . . . . . 09/26/24 Fees for certificates of existence and copies
of charter actions and consent to
incorporation.
See attached.
EDU-39-23-00013-EP . . . . . . . . . . . 09/26/24 Requirements for restricted licenses for
clinical laboratory technologists in molecular
testing.
To implement Chapter 186 of the Laws of
2023.
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
25
EDUCATION DEPARTMENT
EDU-39-23-00014-EP . . . . . . . . . . . 09/26/24 Timeline for initial enrollment or reentry
identification and parent notification,
orientation, and placement of ELLs.
See attached.
EDU-39-23-00015-EP . . . . . . . . . . . 09/26/24 Rebuilding the Every Student Succeeds Act
(ESSA) accountability system using
2022–2023 and 2023–2024 school year
results.
See attached.
EDU-39-23-00016-EP . . . . . . . . . . . 09/26/24 Supplementary certificate and Supplementary
Bilingual Education extension requirements.
See attached.
EDU-39-23-00017-P . . . . . . . . . . . 09/26/24 Appeals to the Commissioner of Education
under Education Law § 310.
To ensure that the appeals process serves as
an expeditious and simple method to address
questions re: school administration.
EDU-39-23-00018-EP . . . . . . . . . . . 09/26/24 Certification as a school counselor through
individual evaluation.
See attached.
EDU-39-23-00019-EP . . . . . . . . . . . 09/26/24 Contracts for excellence and class size
reduction in the City School District of the City
of New York.
To implement Chapter 556 of the Laws of
2022, as amended by Chapter 86 of the Laws
of 2023.
EDU-44-23-00016-P . . . . . . . . . . . 10/31/24 Use of the term university. See attached.
EDU-44-23-00017-EP . . . . . . . . . . . 10/31/24 Requirements for clinical education and
simulation experience in nursing education
program.
To implement Chapter 134 of the Laws of
2023.
EDU-44-23-00018-EP . . . . . . . . . . . 10/31/24 Optometrist’s certification to use topical and
oral therapeutic drugs for certain ocular
diseases.
To implement Chapter 506 of the Laws of
2021.
EDU-44-23-00019-EP . . . . . . . . . . . 10/31/24 Non-patient specific orders to administer
immunizing agents against respiratory
syncytial virus (RSV).
To allow the execution by registered
professional nurses of non-patient specific
orders to administer RSV immunizing agents.
EDU-48-23-00009-P . . . . . . . . . . . 11/28/24 Registration of curricula and professional
study in veterinary medicine.
Meet workforce challenges without sacrificing
educational quality; align requirements to
programmatic accreditation standards
EDU-48-23-00010-P . . . . . . . . . . . 11/28/24 Delegation of the Board of Regents authority
regarding charter revisions.
To update delegation of authority with respect
to the approval of changes to certain charter
school revisions.
EDU-48-23-00011-EP . . . . . . . . . . . 11/28/24 Licensing examinations in the profession of
public accountancy.
To enable the Department to implement CPA
Evolution changes, remove flexibilities
concerning the 18-month retention period.
EDU-48-23-00012-P . . . . . . . . . . . 11/28/24 CTE and Media Arts Course flexibility for the
IAAP and CTE pathways to high school
graduation
To provide local discretion on how to distribute
credit for media arts courses within a CTE or
IAAP sequence
EDU-48-23-00013-P . . . . . . . . . . . 11/28/24 Charter school financing. See attached.
ENVIRONMENTAL CONSERVATION, DEPARTMENT OF
ENV-22-23-00002-P . . . . . . . . . . . 07/31/24 Recreational shark management To protect prohibited sharks from harvest and
establish gear restrictions and handling
requirements
NYS Register/December 20, 2023Action Pending Index
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26
ENVIRONMENTAL CONSERVATION, DEPARTMENT OF
ENV-25-23-00010-P . . . . . . . . . . . 08/21/24 The repeal of obsolete rules and to make all
necessary attendant revisions.
The repeal of obsolete rules and to make all
necessary attendant revisions.
ENV-36-23-00020-P . . . . . . . . . . . 09/05/24 Regulations governing commercial fishing for
Jonah crab
To define the Jonah crab directed trap fishery,
establish bycatch limits, and maintain
consistency with federal rules
ENV-46-23-00007-P . . . . . . . . . . . 01/16/25 Subpart 220-1, Portland Cement Plants
Subpart 220-3, Asphalt Pavement
Manufacturing Plants
220-1 will be updated to reflect current Federal
requirements. 220-3 will established control
requirements for asphalt plants.
ENV-49-23-00007-P . . . . . . . . . . . 02/05/25 1,4-Dioxane Limits for Household Cleansing,
Personal Care, and Cosmetic Products
Implement the maximum allowable
concentrations of 1,4-dioxane as set forth in
Article 35 and Article 37 of the ECL
ENV-51-23-00002-P . . . . . . . . . . . 02/26/25 Regulations on submission of fishing data and
requirement for electronic tracking devices on
federally permitted lobster vessels
Consolidate regulations for reporting fishery
data , add rules for electronic tracking of
lobster vessels, and update address
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-41-23-00002-P . . . . . . . . . . . 10/10/24 Minimum Standards for the New York State
Partnership for Long-Term Care Program
To update the current minimum daily benefit
amounts for partnership long term care
coverage for the period 1/1/2024-1/1/2033
GAMING COMMISSION, NEW YORK STATE
SGC-29-23-00004-P . . . . . . . . . . . 07/18/24 Attending veterinarian examinations in
Thoroughbred racing.
To decrease the risks of injury to racehorses.
GAMING FACILITY LOCATION BOARD, NEW YORK
GFB-04-23-00001-P . . . . . . . . . . . 01/25/24 Minimum capital investment for additional
gaming facility
To establish a minimum capital investment
amount for additional gaming facilities
GFB-04-23-00002-P . . . . . . . . . . . 01/25/24 License fee for additional gaming facility To establish a license fee for additional gaming
facilities
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-39-22-00020-RP . . . . . . . . . . . 02/05/24 Early Intervention Program To conform existing program regulations to
federal regulations and state statute, as well as
to provide additional clarification
*HLT-42-22-00002-RP . . . . . . . . . . . 01/17/24 Medical Respite Program (MRP) Establish procedures for review & approval of
applications from a not-for-profit corporation to
be certified as an MRP operator.
NYS Register/December 20, 2023 Action Pending Index
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27
HEALTH, DEPARTMENT OF
HLT-12-23-00013-RP . . . . . . . . . . . 04/12/24 Newborn Hearing Screening To improve follow-up after newborn hearing
screening and articulate reporting requirements
HLT-14-23-00009-P . . . . . . . . . . . 04/04/24 Assisted Living Residences To update admission, operator authority,
personnel, environmental standards&resident
protections for assisted living residences.
HLT-18-23-00013-P . . . . . . . . . . . 05/02/24 Update Standards for Adult Homes and
Standards for Enriched Housing Programs
To address changes required to achieve &
sustain compliance with the federal Home &
Community Based Settings final rule.
HLT-18-23-00014-P . . . . . . . . . . . 05/02/24 Standards for Tissue Banks and
Nontransplant Anatomic Banks
To remove discriminatory requirements
pertaining to reproductive tissue and make
technical corrections.
HLT-22-23-00011-P . . . . . . . . . . . 05/30/24 Perinatal Services, Perinatal Regionalization,
Birthing Centers and Maternity Birthing
Centers
To update the regulatory requirements of
birthing hospitals and centers to meet current
standards of clinical care
HLT-25-23-00002-P . . . . . . . . . . . 06/20/24 Humane Euthanasia of Animals To provide for the humane euthanasia of
animals.
HLT-31-23-00008-P . . . . . . . . . . . 08/01/24 Expanded Syringe Access Programs (ESAPs) To remove the requirement that ESAPs may
only furnish a quantity of 10 or fewer syringes
at a time.
HLT-37-23-00002-P . . . . . . . . . . . 09/12/24 Lead Testing in School Drinking Water Lower action level for lead in school drinking
water from 15 parts per billion (ppb) to 5 ppb &
revise reporting requirements
HLT-39-23-00026-EP . . . . . . . . . . . 09/26/24 Trauma Centers - Resources for Optimal
Care of the Injured Patient
To update the edition of Resources for Optimal
Care of the Injured Patient from 2014 to 2022.
HLT-43-23-00009-P . . . . . . . . . . . 10/24/24 Nursing Home Rate Appeal Prioritization
Guidelines
To amend current appeal submission and
processing requirements.
HLT-46-23-00001-P . . . . . . . . . . . 11/14/24 Long Term Care Ombudsman Program To clarify language relative to access by the
long-term care ombudsmen and adding
reference to section 218 of Elder Law
HLT-46-23-00002-P . . . . . . . . . . . 11/14/24 Updated Quality Improvement Committee
Requirements
To update quality improvement committee
requirements of adult homes and residences
for adults
HLT-46-23-00012-P . . . . . . . . . . . 11/14/24 Hospital and Nursing Home Personal
Protective Equipment (PPE) RRequirements
To ensure that all general hospitals and nursing
homes maintain a 60-day supply of PPE.
HLT-47-23-00004-P . . . . . . . . . . . 11/21/24 Adult Day Health Care To regulate adult day health care programs for
registrants with medical needs in a non-
residential health care facility
HLT-49-23-00001-P . . . . . . . . . . . 12/05/24 Hospital Cybersecurity Requirements To create cybersecurity program requirements
at all Article 28 regulated facilities.
HLT-49-23-00010-P . . . . . . . . . . . 12/05/24 Educational Requirements for Certified
Emergency Medical Services Providers
To improve the overall educational &
certification experience that will ease barriers
to recruitment of individuals
HLT-51-23-00001-P . . . . . . . . . . . 12/19/24 General Hospital Medical Staff Recertification To change the medical staff recredentialing
timeframe from every two years to every three
years.
NYS Register/December 20, 2023Action Pending Index
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28
HOMELAND SECURITY AND EMERGENCY SERVICES, DIVISION OF
HES-48-23-00001-P . . . . . . . . . . . 11/28/24 Training stipends for volunteer firefighters To promulgate rules and regulations necessary
to implement state and locally funded training
stipends for volunteer firefighters
INFORMATION TECHNOLOGY SERVICES, OFFICE OF
ITS-37-23-00004-P . . . . . . . . . . . 09/12/24 Updated citations to New York State
electronic notary regulations
To reflect the new electronic notary law and
regulations issued by the Department of State
in 19 NYCRR 182
ITS-37-23-00005-P . . . . . . . . . . . 09/12/24 Access to the Records of the Office of
Information Technology Services
To modernize the process for access to the
records of the Office of Information Technology
Services
LABOR, DEPARTMENT OF
LAB-37-23-00003-P . . . . . . . . . . . 09/12/24 Pay Transparency in Job Advertisements To increase pay transparency in job
advertisements pursuant to Labor Law § 194-b
LAB-40-23-00036-P . . . . . . . . . . . 10/03/24 Minimum Wage Increases for 2024-2026 To implement minimum wage increases set by
Labor Law Section 652 as amended in 2023
LAW, DEPARTMENT OF
LAW-12-23-00006-P . . . . . . . . . . . 03/21/24 Presumptive cases of gross disparity under
the price gouging law.
To facilitate enforcement of the price gouging
law by providing consumer and industry
guidance and statutory presumptions.
LAW-12-23-00007-P . . . . . . . . . . . 03/21/24 Presumptive unfair leverage for large
enterprises or enterprises with large market
share under the price gouging law.
To facilitate enforcement of the price gouging
law by providing consumer and industry
guidance and statutory presumptions.
LAW-12-23-00008-P . . . . . . . . . . . 03/21/24 Presumptive cases of gross disparity for
purposes of the price gouging statute.
To facilitate enforcement of the price gouging
law by providing consumer and industry
guidance and statutory presumptions.
LAW-12-23-00009-P . . . . . . . . . . . 03/21/24 Application of price gouging prohibition to
parties within the chain of distribution.
To facilitate enforcement of the price gouging
law by providing consumer and industry
guidance and statutory presumptions.
LAW-12-23-00010-P . . . . . . . . . . . 03/21/24 Application of the price gouging law to
dynamic pricing.
To facilitate enforcement of the price gouging
law by providing consumer and industry
guidance and statutory presumptions.
LAW-12-23-00011-P . . . . . . . . . . . 03/21/24 Presumptive cases of unfair leverage for
purposes of the price gouging law.
To facilitate enforcement of the price gouging
law by providing consumer and industry
guidance and statutory presumptions.
LAW-12-23-00012-P . . . . . . . . . . . 03/21/24 Costs not within the control of the defendant
for purposes of the price gouging law.
To facilitate enforcement of the price gouging
law by providing consumer and industry
guidance and statutory presumptions.
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
NYS Register/December 20, 2023 Action Pending Index
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29
LONG ISLAND POWER AUTHORITY
*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
*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-17-22-00012-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-17-22-00014-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-39-23-00020-P . . . . . . . . . . . . exempt Annual Budget and Retail Rates To implement rate adjustments as determined
through LIPA’s annual budget process.
LPA-39-23-00021-P . . . . . . . . . . . . exempt Long Island Choice Program. To update LIPA’s Long Island Choice Program.
LPA-39-23-00022-P . . . . . . . . . . . . exempt Clean Energy Standard Program To clarify how costs associated with LIPA’s
participation in the Clean Energy Standard
program will be recovered.
LPA-39-23-00023-P . . . . . . . . . . . . exempt Dynamic Load Management Program. To increase participation in the Dynamic Load
Management program.
LPA-39-23-00024-P . . . . . . . . . . . . exempt To expand the eligibility requirements for
LIPA’s low-income program.
To provide discounts that lower the energy
burden on LIPA’s low-income customers.
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
30
LONG ISLAND POWER AUTHORITY
LPA-39-23-00025-P . . . . . . . . . . . . exempt The Small Generator Interconnection
Procedures in the Authority’s Tariff fo
To update the small generator interconnection
procedures consistent with Public Service
Commission guidance
LPA-46-23-00011-P . . . . . . . . . . . . exempt 12-month Bill Protection Guarantee To broaden applicability of Bill Protection
Guarantee to all customers that enroll in Rate
Code 194 or 195 by last migration
MENTAL HEALTH, OFFICE OF
OMH-35-23-00001-P . . . . . . . . . . . 08/29/24 COVID-19 Vaccination Program. To Repeal Part 557.
OMH-35-23-00002-P . . . . . . . . . . . 08/29/24 Clinical review criteria. Adopt standards and processes to obtain and
approve clinical review criteria.
OMH-36-23-00030-P . . . . . . . . . . . 09/05/24 Use of Telehealth in Crisis Stabilization
Centers
To establish regulations regarding the use of
Telehealth in Crisis Stabilization Centers
MOTOR VEHICLES, DEPARTMENT OF
MTV-36-23-00031-P . . . . . . . . . . . 09/05/24 Point System & Licensing or Relicensing After
Revocation Action
To assign a point value for alcohol related
convictions & increase point values and
negative units for certain violations
NIAGARA FALLS WATER BOARD
*NFW-04-13-00004-EP . . . . . . . . . . . . exempt Adoption of Rates, Fees and Charges To pay for the increased costs necessary to
operate, maintain and manage the system, and
to achieve covenants with bondholders
*NFW-13-14-00006-EP . . . . . . . . . . . . exempt Adoption of Rates, Fees and Charges To pay for increased costs necessary to
operate, maintain and manage the system and
to achieve covenants with the bondholders
NFW-52-22-00004-EP . . . . . . . . . . . . exempt Adoption of Rates, Fees, and Charges To pay for increased costs necessary to
operate, maintain, and manage the system,
and to meet covenants with the bondholders.
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-10-23-00002-EP . . . . . . . . . . . 03/07/24 General Purposes and Certification of the
Facility Class Known as Individualized
Residential Alternatives
To increase IRA capacity in cases of emergent
circumstances
PDD-28-23-00026-P . . . . . . . . . . . 07/11/24 Supported Employment To update requirements of supported
employment
NYS Register/December 20, 2023 Action Pending Index
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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
PAS-41-23-00008-P . . . . . . . . . . . . exempt Rates for the Sale of Power and Energy To align rates and costs
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
*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
NYS Register/December 20, 2023Action Pending Index
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PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
33
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
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PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
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PUBLIC SERVICE COMMISSION
*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-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.
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
36
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
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PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
38
PUBLIC SERVICE COMMISSION
*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
*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 L.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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
39
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
40
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
41
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
42
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
43
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
44
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
45
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
46
PUBLIC SERVICE COMMISSION
*PSC-43-13-00015-P . . . . . . . . . . . . exempt Petition for submetering of electricity To consider the request of 2701 Kingsbridge
Terrace L.P. to submeter electricity at 2701
Kingsbridge Terrace, Bronx, N.Y.
*PSC-45-13-00021-P . . . . . . . . . . . . exempt Investigation into effect of bifurcation of gas
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
*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.
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
47
PUBLIC SERVICE COMMISSION
*PSC-07-14-00012-P . . . . . . . . . . . . exempt Water rates and charges Implementation of Long-Term Water Supply
Surcharge to recover costs associated with the
Haverstraw Water Supply Project
*PSC-08-14-00015-P . . . . . . . . . . . . exempt Verizon New York Inc.’s service quality and
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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
48
PUBLIC SERVICE COMMISSION
*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
*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-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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
49
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
50
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
51
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
52
PUBLIC SERVICE COMMISSION
*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
*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-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
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
53
PUBLIC SERVICE COMMISSION
*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-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
*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
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
54
PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023 Action Pending Index
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PUBLIC SERVICE COMMISSION
*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
*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
NYS Register/December 20, 2023Action Pending Index
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*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-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-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
*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
NYS Register/December 20, 2023 Action Pending Index
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PUBLIC SERVICE COMMISSION
*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-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-18-20-00015-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
*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
NYS Register/December 20, 2023Action Pending Index
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PUBLIC SERVICE COMMISSION
*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-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
*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-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-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-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-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-18-21-00006-P . . . . . . . . . . . . exempt Community Choice Aggregation renewable
products
To consider waiving the locational and delivery
requirements for RECs purchased to support
renewable CCA products
NYS Register/December 20, 2023 Action Pending Index
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PUBLIC SERVICE COMMISSION
*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
*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-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-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-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-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-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-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-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
*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
NYS Register/December 20, 2023Action Pending Index
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PUBLIC SERVICE COMMISSION
*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-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-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-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-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-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-20-22-00009-P . . . . . . . . . . . . exempt Modify lease of utility property To determine whether to authorize the
extension and amendment of the lease of the
Volney-Marcy transmission line
*PSC-20-22-00011-P . . . . . . . . . . . . exempt Establishment of the regulatory regime
applicable to a wind electric generating facility
To ensure appropriate regulation of a new
electric corporation
*PSC-21-22-00007-P . . . . . . . . . . . . exempt Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market and
Establishing Further Process
To consider whether Atlantic Energy, LLC
should be permitted to offer its LED Lighting
product to mass market customers
*PSC-21-22-00008-P . . . . . . . . . . . . exempt Cybersecurity requirements Modify the framework to ensure the protection
of utility systems and customer data from cyber
events
*PSC-21-22-00011-P . . . . . . . . . . . . exempt Partial waiver of the Order Adopting Changes
to the Retail Access Energy Market and
Establishing Further Process
To consider whether Atlantic Energy, LLC
should be permitted to offer its Smart Home
Program product to mass market customers
*PSC-22-22-00014-P . . . . . . . . . . . . exempt Amendments to the Standardized
Interconnection Requirements
To consider changes to accommodate the
interconnection of distributed energy resources
by governmental entities
*PSC-24-22-00007-P . . . . . . . . . . . . exempt St. Lawrence Gas’ petition for a waiver of its
2021 service quality performance
To determine if St. Lawrence Gas’ petition for
waiver is in the public interest
NYS Register/December 20, 2023 Action Pending Index
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PUBLIC SERVICE COMMISSION
*PSC-26-22-00008-P . . . . . . . . . . . . exempt Compensation under the Value of Distributed
Energy Resources tariff
To consider compensation mechanisms for
legacy baseline hydroelectric and other
renewable energy resources
*PSC-30-22-00009-P . . . . . . . . . . . . exempt Establishment of the regulatory regime
applicable to a battery storage project.
To ensure appropriate regulation of an electric
corporation.
*PSC-32-22-00022-P . . . . . . . . . . . . exempt Establishment of the regulatory regime
applicable to a wind electric generating
facility.
To ensure appropriate regulation of a new
electric corporation.
*PSC-32-22-00023-P . . . . . . . . . . . . exempt Bioenergy generation in New York. To consider compensation for bioenergy
generation.
*PSC-33-22-00006-P . . . . . . . . . . . . exempt Use of gas metering equipment. To consider use of volume corrector and
ensure that consumer bills will be based on
accurate measurements of gas usage.
*PSC-33-22-00008-P . . . . . . . . . . . . exempt Gas moratorium consumer protections. To consider protections for existing and
prospective customers should a utility institutes
a moratorium on new gas service.
*PSC-33-22-00009-P . . . . . . . . . . . . exempt Use of electric metering equipment. To consider use of electric metering equipment
and ensure consumer bills are based on
accurate measurements of electric usage.
*PSC-34-22-00005-P . . . . . . . . . . . . exempt Transfer of a Certificate of Environmental
Compatibility and Public Need.
Consideration of whether the proposed transfer
is in the public interest.
*PSC-38-22-00004-P . . . . . . . . . . . . exempt Establishment of the regulatory regime
applicable to a battery storage project.
To ensure appropriate regulation of an electric
corporation.
*PSC-38-22-00008-P . . . . . . . . . . . . exempt Consideration of a Long Island Offshore Wind
Export PPTN under the NYISO’s planning
process.
To determine whether the NYISO should
proceed to select a solution to the identified
Long Island Offshore Wind Export PPTN.
*PSC-42-22-00010-P . . . . . . . . . . . . exempt Gas system planning. To consider screening and suitability criteria for
non-pipeline alternatives.
*PSC-42-22-00011-P . . . . . . . . . . . . exempt Gas system planning. To consider cost recovery procedures and an
incentive mechanism for non-pipeline
alternatives.
*PSC-42-22-00012-P . . . . . . . . . . . . exempt Gas system planning. To consider screening and suitability criteria for
non-pipeline alternatives.
*PSC-42-22-00013-P . . . . . . . . . . . . exempt Gas system planning. To consider screening and suitability criteria for
non-pipeline alternatives.
*PSC-42-22-00014-P . . . . . . . . . . . . exempt Gas system planning. To consider screening and suitability criteria for
non-pipeline alternatives.
*PSC-42-22-00015-P . . . . . . . . . . . . exempt Gas system planning. To consider screening and suitability criteria for
non-pipeline alternatives.
*PSC-42-22-00016-P . . . . . . . . . . . . exempt Gas system planning. To consider screening and suitability criteria for
non-pipeline alternatives.
*PSC-42-22-00017-P . . . . . . . . . . . . exempt Gas system planning. To consider screening and suitability criteria for
non-pipeline alternatives.
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
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PUBLIC SERVICE COMMISSION
*PSC-42-22-00019-P . . . . . . . . . . . . exempt Gas system planning. To consider screening and suitability criteria for
non-pipeline alternatives.
*PSC-44-22-00003-P . . . . . . . . . . . . exempt Proposed draft tariff amendments. To document and refine moratorium
management procedures that seek to minimize
hardships in the event a future moratorium
occurs.
*PSC-46-22-00006-P . . . . . . . . . . . . exempt PSC Regulations 16 NYCRR 86.3(a)(1),
86.3(a)(2), 863(b)(2), 86.4(b).
To consider a waiver of certain regulations
relating to the content of an application for
transmission line siting.
*PSC-46-22-00010-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
*PSC-48-22-00003-P . . . . . . . . . . . . exempt Gas moratorium customer protections. To consider protections to minimize customer
hardships in the unlikely event of a future gas
moratorium.
PSC-01-23-00014-P . . . . . . . . . . . . exempt Interconnection costs. To consider a petition requesting relief from
interconnection costs assigned by NYSEG.
PSC-01-23-00017-P . . . . . . . . . . . . exempt Interconnection costs. To consider a petition requesting relief from
interconnection costs assigned by NYSEG.
PSC-02-23-00023-P . . . . . . . . . . . . exempt Long-term gas system planning. To consider and review long-term gas system
planning.
PSC-03-23-00004-P . . . . . . . . . . . . exempt Updated recommendations for the soliciation,
procurement, and/or installation of qualified
energy storage systems.
To encourage energy storage deployment and
establish an updated 2030 target and
deployment program.
PSC-04-23-00008-P . . . . . . . . . . . . exempt Updates to guidance for electric utility
Distributed System Implementation Plans
(DSIPs).
Development of updated guidance and
directives for utility DSIPs for improving utility
planning and operations functions.
PSC-04-23-00009-P . . . . . . . . . . . . exempt Gas metering equipment. To consider use of volume corrector and
ensure that consumer bills will be based on
accurate measurements of gas usage.
PSC-05-23-00001-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
PSC-05-23-00002-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
PSC-05-23-00004-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
PSC-05-23-00005-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
PSC-05-23-00006-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
PSC-05-23-00009-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
PSC-05-23-00012-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
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PSC-05-23-00014-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
PSC-05-23-00015-P . . . . . . . . . . . . exempt Thermal Energy Network Pilot Proposal To consider authorizing utilities to construct and
operate thermal energy network pilot projects.
PSC-09-23-00022-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-09-23-00023-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-13-23-00022-P . . . . . . . . . . . . exempt The applicable regulatory regime under the
Public Service Law for the owner of an
energy storage facility.
Consideration of a lightened regulatory regime
for the owner of an approximately 150 MW
energy storage facility.
PSC-15-23-00002-P . . . . . . . . . . . . exempt Community Choice Aggregation To determine if Mid-Hudson Energy Transition
Inc. should operate as a Community Choice
Aggregation Administrator.
PSC-16-23-00010-P . . . . . . . . . . . . exempt Marginal Cost of Service studies. To identify appropriate inputs and
methodologies for preparing Marginal Cost of
Service studies.
PSC-17-23-00002-P . . . . . . . . . . . . exempt Tariff filing. To consider whether the proposed tariff
revisions are in the public interest.
PSC-17-23-00003-P . . . . . . . . . . . . exempt Issuance of securities and other forms of
indebtedness.
To determine if the issuance of funding for
capital needs and a surcharge mechanism is in
the public interest.
PSC-18-23-00001-P . . . . . . . . . . . . exempt A request for waiver of negative revenue
adjustments.
Whether it is in the public interest to waive the
negative revenue adjustments for NYSEG and
RGE.
PSC-19-23-00017-P . . . . . . . . . . . . exempt Minor water rate filing to increase annual
revenues.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-19-23-00022-P . . . . . . . . . . . . exempt Disposition of a New York State sales and
use tax refund.
To determine the just and reasonable
disposition of tax refunds.
PSC-20-23-00002-P . . . . . . . . . . . . exempt The CBC charge used to recover the costs
for certain energy efficiency and other public
policy benefit programs.
To ensure the CBC is consistently applied
statewide and to provide Distributed Energy
Resource projects with market certainty.
PSC-21-23-00005-P . . . . . . . . . . . . exempt Proposed major increase in VWNY’s annual
base rate revenues.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-21-23-00006-P . . . . . . . . . . . . exempt Community Choice Aggregation. To determine if ProjectEconomics d/b/a
PowerMarket shall operate as a Community
Choice Aggregation Administrator.
PSC-23-23-00003-P . . . . . . . . . . . . exempt Implementation of a new CSS above the
current $421 million cap.
To provide Con Edison with authority to
continue to capitalize costs to implement a new
CSS.
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PSC-24-23-00023-P . . . . . . . . . . . . exempt Deferral of costs for later collection from
ratepayers.
To determine whether it is reasonable to
authorize the deferral of costs associated with
a gas demand response pilot program.
PSC-24-23-00024-P . . . . . . . . . . . . exempt Audit Implementation Plan and audit
recommendations.
To ensure that recommendations issued in a
management and operations audit are
appropriately addresses and implemented.
PSC-25-23-00003-P . . . . . . . . . . . . exempt Community Choice Aggregation. To determine the appropriate requirements to
be placed on Community Choice Aggregation
solicitations and service agreements.
PSC-25-23-00005-P . . . . . . . . . . . . exempt Community Choice Aggregation. To evaluate whether the Expanded Solar for All
program could be scaled Statewide.
PSC-25-23-00006-P . . . . . . . . . . . . exempt Community Choice Aggregation. To determine the appropriate requirements to
be placed on Community Choice Aggregation
outreach and education plans.
PSC-25-23-00007-P . . . . . . . . . . . . exempt Termination of the PPI Program and
deployment of the EVLMTI Program in the
Joint Utilities’ service territories.
To consider the transition from the PPI to the
EVLMTI program including design
characteristics and program operations.
PSC-25-23-00008-P . . . . . . . . . . . . exempt Long-term gas system planning for Con
Edison and O&R.
To consider and review long-term gas system
planning for Con Edison and O&R.
PSC-25-23-00009-P . . . . . . . . . . . . exempt Community Choice Aggregation. To determine if Local Power LLC shall operate
as a Community Choice Aggregation
Administrator.
PSC-26-23-00010-P . . . . . . . . . . . . exempt Petition to modify the SIC tariff statement. To consider whether amending the SIC
mechanism is in the public interest.
PSC-27-23-00006-P . . . . . . . . . . . . exempt A proposed methodology for annual
greenhouse gas emissions inventory
reporting.
To consider whether the proposed Green
House Gas Inventory Report will provide
sufficient emissions information.
PSC-27-23-00013-P . . . . . . . . . . . . exempt The proposed Greenhouse Gas Emissions
Reduction Pathways Study.
To consider whether the proposed Study is
sufficient and whether to proceed with the
Study.
PSC-27-23-00014-P . . . . . . . . . . . . exempt Lightened regulatory regime and financing
petition.
Consideration of a lightened regulatory regime
and financing for the owner of a wind energy
and transmission facility.
PSC-27-23-00015-P . . . . . . . . . . . . exempt The Tier 4 renewable energy certificate
purchase and sale agreement modifications.
To consider modification to the existing Tier 4
renewable energy certificate purchase and sale
agreement.
PSC-28-23-00024-P . . . . . . . . . . . . exempt Proposed major rate increase. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-28-23-00025-P . . . . . . . . . . . . exempt Proposed major rate increase. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-29-23-00007-P . . . . . . . . . . . . exempt Reconciliation mechanism. To limit any further near-term customer bill
impacts.
PSC-31-23-00001-P . . . . . . . . . . . . exempt A petition for a special permit exemption from
odorization requirements.
To determine if the granting of the special
permit is in the public interest.
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PSC-31-23-00002-P . . . . . . . . . . . . exempt Proposed major rate increase. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-32-23-00032-P . . . . . . . . . . . . exempt Lightened regulatory regime and financing for
the owner and operator of a wind-powered
generating facility
To determine the regulatory framework and
applicable financing for a wholesale electric
generator
PSC-33-23-00002-P . . . . . . . . . . . . exempt Research and Development Plan for
Advanced Transmission and Distribution
Technologies
To accelerate deployment of advanced
transmission and distribution technologies that
further the State’s clean energy goals.
PSC-33-23-00003-P . . . . . . . . . . . . exempt Research and development plan for deploying
advanced technologies in electric
transmission and distribution systems
To ensure safe and adequate service at just
and reasonable rates and to support the
State’s clean energy and climate goals.
PSC-33-23-00006-P . . . . . . . . . . . . exempt Purchase of renewable energy from new
distributed generators and/or energy storage
systems 30 kilowatts or less.
To establish provisions to ensure safe and
reliable service for all customers.
PSC-33-23-00007-P . . . . . . . . . . . . exempt The Integrated Energy Data Resource
platform.
To consider funding for Phase 2 of the
Integrated Energy Data Resource.
PSC-34-23-00005-P . . . . . . . . . . . . exempt Waiver of certain Commission requirements
related to the distribution of telephone
directories.
To ensure performance in accordance with
applicable telecommunications laws,
regulations and standards and the public
interest.
PSC-34-23-00008-P . . . . . . . . . . . . exempt Proposed transfer of capital stock. To determine if the transfer of capital stock is in
the public interest.
PSC-35-23-00007-P . . . . . . . . . . . 08/29/24 EV Commercial Managed Charging Program
Implementation Plan.
To consider the deployment of an EV CMCP
Implementation Plan in the Central Hudson
service territory.
PSC-35-23-00008-P . . . . . . . . . . . 08/29/24 Lightened regulation. To determine whether a lightened regulatory
regime for Empire is consistent with prior
Commisison orders and the PSL.
PSC-35-23-00010-P . . . . . . . . . . . 08/29/24 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-35-23-00011-P . . . . . . . . . . . 08/29/24 EV Commercial Managed Charging Program
Implementation Plan.
To consider the deployment of an EV CMCP
Implementation Plan in the National Grid
service territory.
PSC-35-23-00012-P . . . . . . . . . . . 08/29/24 EV Phase-In Rate. To consider if the EV Phase-In Rate is a near-
term solution in the O&R service territory.
PSC-35-23-00013-P . . . . . . . . . . . 08/29/24 EV Phase-In Rate. To consider if the EV Phase-In Rate is a near-
term solution in the National Grid service
territory.
PSC-35-23-00014-P . . . . . . . . . . . 08/29/24 EV Phase-In Rate. To consider if the EV Phase-In Rate is a near-
term solution in the Central Hudson service
territory.
PSC-35-23-00015-P . . . . . . . . . . . 08/29/24 EV Commercial Managed Charging Program
Implementation Plan.
To consider the deployment of an EV CMCP
Implementation Plan in the NYSEG/RG&E
service territories.
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PSC-35-23-00016-P . . . . . . . . . . . . exempt The Commission’s statewide low-income
affordability policy
To disburse the funds appropriated in the 2023-
2024 New York State budget
PSC-35-23-00017-P . . . . . . . . . . . . exempt EV Phase-In Rate To consider if the EV Phase-In Rate is a near-
term solution in the Con Edison service
territory
PSC-35-23-00018-P . . . . . . . . . . . . exempt Clean Energy Standard administration To authorize the funding necessary for
continued implementation of the Clean Energy
Standard
PSC-35-23-00020-P . . . . . . . . . . . . exempt Reconciliation mechanism To limit any further near-term customer bill
impacts
PSC-35-23-00022-P . . . . . . . . . . . 08/29/24 EV Phase-In Rate. To consider if the EV Phase-In Rate is a near-
term solution in the NYSEG and RG&E service
territories.
PSC-35-23-00023-P . . . . . . . . . . . 08/29/24 Lightened regulation. To determine whether a lightened regulatory
regime for HSEC is consistent with prior
Commission orders and the PSL.
PSC-36-23-00024-P . . . . . . . . . . . . exempt Transfer in ownership of street lighting
facilities.
To determine whether to authorize the transfer
street of lighting facilities and the proper
accounting for the transaction.
PSC-36-23-00025-P . . . . . . . . . . . . exempt Transfer in ownership of street lighting
facilities.
To determine whether to authorize the transfer
street of lighting facilities and the proper
accounting for the transaction.
PSC-36-23-00026-P . . . . . . . . . . . . exempt Registration of energy brokers and energy
consultants.
To implement the provisions of Public Service
Law Section 66-t.
PSC-36-23-00027-P . . . . . . . . . . . . exempt Agreement for the provision of water service
and waivers of tariff provisions and
Commission rules.
To consider whether the terms of a service
agreement and requested waivers are in the
public interest.
PSC-36-23-00028-P . . . . . . . . . . . . exempt Registration of energy brokers and energy
consultants.
To implement the provisions of Public Service
Law Section 66-t.
PSC-36-23-00029-P . . . . . . . . . . . . exempt Registration of energy brokers and energy
consultants.
To implement the provisions of Public Service
Law Section 66-t.
PSC-37-23-00006-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-37-23-00007-P . . . . . . . . . . . . exempt Transfer of street lighting facilities. To determine whether to authorize the transfer
of street lighting facilities and the proper
accounting for the transaction.
PSC-37-23-00008-P . . . . . . . . . . . . exempt Subscriber notices of cable television
programming.
To provide cable subscribers with notice of
programming changes.
PSC-37-23-00009-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-38-23-00001-P . . . . . . . . . . . . exempt Reliable Clean City - Idlewild Project. To consider the Reliable Clean City - Idlewild
Project and to determine recovery of its costs.
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PSC-38-23-00002-P . . . . . . . . . . . . exempt Program-wide adjustments to renewable
energy certificate contracts.
To consider modification to existing renewable
energy certificate contracts in light of increased
project costs.
PSC-38-23-00003-P . . . . . . . . . . . . exempt Minor rate filing to increase annual water
revenues and replenishable escrow account.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-38-23-00004-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-38-23-00005-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-39-23-00004-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-39-23-00005-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-39-23-00006-P . . . . . . . . . . . . exempt Exemption from the Commission’s rate setting
authority and conversion to an electronic
format.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-39-23-00007-P . . . . . . . . . . . . exempt Electric metering equipment. To ensure that consumer bills will be based on
accurate measurements of electric usage.
PSC-39-23-00008-P . . . . . . . . . . . . exempt Auto- and Term- DLM program procurement
modification.
To allow for flexibility in procurement
methodologies to increase engagement in
program.
PSC-40-23-00029-P . . . . . . . . . . . . exempt The applicable regulatory regime for the
owner/operator of an approximately 200
megawatt solar electric generating facility.
Consideration of whether a requested lightened
regulatory regime is in accordance with the
Public Service Law and precedent.
PSC-40-23-00030-P . . . . . . . . . . . . exempt Proposed major rate increase in electric
delivery revenues.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-40-23-00031-P . . . . . . . . . . . . exempt Compensation of and incentives for
distributed energy resources.
To encourage the development of and ensure
just and reasonable rates for distributed energy
resources.
PSC-40-23-00032-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-40-23-00033-P . . . . . . . . . . . . exempt A debt financing arrangement with respect to
natural gas pipelines and related facilities
providing wholesale services.
To consider the requested financing
arrangement and what regulatory conditions
should apply.
PSC-40-23-00034-P . . . . . . . . . . . . exempt Proposed major rate increase in gas delivery
revenues.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-41-23-00004-P . . . . . . . . . . . . exempt Proposal to amend customer installation and
equipment tariff provisions.
To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-41-23-00005-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
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PSC-41-23-00006-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-41-23-00007-P . . . . . . . . . . . . exempt Gas metering equipment. To ensure that consumer bills are based on
accurate measurements of gas usage.
PSC-42-23-00006-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-42-23-00007-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-42-23-00008-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 ensure consumer and energy efficiency
protections are in place.
PSC-42-23-00009-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-42-23-00010-P . . . . . . . . . . . . exempt Request to charge customers for
infrastructure maintenance and access costs.
To ensure adding infrastructure maintenance
charges to the bills of customers within the
Village of Owego is reasonable.
PSC-42-23-00011-P . . . . . . . . . . . . exempt Transfer of a Certificate of Environmental
Compatibility and Public Need for a natural
gas pipeline
To determine whether the request for the
transfer is consistent with the law and in the
public interest.
PSC-42-23-00012-P . . . . . . . . . . . . exempt Long-term gas system planning. To consider and review long-term gas system
planning.
PSC-42-23-00013-P . . . . . . . . . . . . exempt Proposed sale and transfer of a water system
and its assets.
To consider whether the terms of the sale are
in public interest.
PSC-42-23-00014-P . . . . . . . . . . . . exempt Petition to submeter electricity and request for
waiver.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-43-23-00002-P . . . . . . . . . . . . exempt The prohibition on service to low-income
customers by energy service companies.
To consider extending New Wave Energy
LLC’s waiver of the prohibition
PSC-43-23-00003-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-43-23-00004-P . . . . . . . . . . . . exempt Petition to submeter electricity and waiver
request.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-43-23-00005-P . . . . . . . . . . . . exempt Petition to submeter electricity and waiver
request.
To ensure adequate submetering equipment,
consumer protections and energy efficiency
protections are in place.
PSC-43-23-00006-P . . . . . . . . . . . . exempt Agreement for the provision of water service
and waivers of tariff provisions and
Commission rules.
To consider whether the terms of a service
agreement and requested waivers are in the
public interest.
PSC-43-23-00007-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-43-23-00008-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
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PSC-44-23-00015-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-45-23-00001-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-45-23-00002-P . . . . . . . . . . . . exempt Minor rate filing. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-45-23-00003-P . . . . . . . . . . . . exempt Petition to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-45-23-00004-P . . . . . . . . . . . . exempt Minor rate filing. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-46-23-00003-P . . . . . . . . . . . . exempt Community Distributed Generation. To consider implementation of multiple
community distributed generation savings
rates.
PSC-46-23-00004-P . . . . . . . . . . . . exempt Petition to submeter electricity and waiver
request.
To ensure adequate submetering equipment,
consumer protections, and energy efficiency
protections are in place.
PSC-46-23-00005-P . . . . . . . . . . . . exempt Petition for rehearing. To ensure safe and adequate service at just
and reasonable rates charged to customers
without undue preferences.
PSC-46-23-00006-P . . . . . . . . . . . . exempt Three new Phase 1 projects. To meet the goals of the Climate Leadership
and Community Protection Act.
PSC-46-23-00008-P . . . . . . . . . . . . exempt Tariff proposal. To update changes in the renewable energy
obligations and delivery requirements.
PSC-46-23-00009-P . . . . . . . . . . . . exempt Pole attachment charges and waiver of
newspaper publication.
To revise Con Edison’s tariffed charges for pole
attachments and to waive newspaper
publication of the new rates.
PSC-47-23-00001-P . . . . . . . . . . . . exempt Transfer of street lighting facilities. To determine whether to authorize the transfer
of street lighting facilities and the proper
accounting for the transaction.
PSC-47-23-00002-P . . . . . . . . . . . . exempt Electric metering equipment. To consider use of an electric submeter and
ensure that consumer bills will be based on
accurate measurements of electric usage.
PSC-47-23-00003-P . . . . . . . . . . . . exempt The prohibition on service to low-income
customers by energy service companies
(ESCOs).
To consider extending the waiver of the
prohibition.
PSC-48-23-00004-P . . . . . . . . . . . . exempt The applicable regulatory regime and
financing authorization for the owner and
operator of a solar-powered generating
facility.
To determine whether a lightened regulatory
regime and financing authorization for the
project is consistent with the PSL.
PSC-48-23-00005-P . . . . . . . . . . . . exempt Community Distributed Generation To consider expanding the Net Crediting
program to volumetric community distributed
generation projects.
NYS Register/December 20, 2023Action Pending Index
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70
PUBLIC SERVICE COMMISSION
PSC-48-23-00006-P . . . . . . . . . . . . exempt The Utility Energy Registry. To consider the transition of community scale
energy usage data to the Integrated Energy
Data Resource.
PSC-48-23-00007-P . . . . . . . . . . . . exempt Petition to amend bill estimation procedures
for AMI.
To have more accurate billing & reduce
adjustments
PSC-48-23-00008-P . . . . . . . . . . . . exempt The applicable regulatory regime under the
PSL for the owner and operator of a battery
energy storage facility.
To determine whether a lightened regulatory
regime is consistent with prior Commission
orders and the PSL.
PSC-49-23-00002-P . . . . . . . . . . . . exempt The electric and gas RDM targets for rate
years 2 and 3.
To address claimed errors regarding the
electric and gas RDM targets.
PSC-49-23-00003-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-49-23-00004-P . . . . . . . . . . . . exempt Petition for authorization to utilize CWIP in
rate base for Phase 2 Projects.
To ensure safe and adequate service at just
and reasonable rates and to support the
State’s clean energy and climate goals.
PSC-49-23-00005-P . . . . . . . . . . . . exempt Purchase of renewable energy from new
distributed generators and/or energy storage
systems 30 kilowatts or less.
To establish provisions to ensure safe and
reliable service for all customers.
PSC-49-23-00006-P . . . . . . . . . . . . exempt AMI meter reading charges. To assess a meter reading charge for non-
residential customers preventing an AMI Meter
installation.
PSC-50-23-00016-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-51-23-00004-P . . . . . . . . . . . . exempt Proposed revisions related to to the
Integrated Energy Data Resource platform.
To ensure consistency between utility tariffs
and the Commission’s orders regarding the
Integrated Energy Data Resource.
PSC-51-23-00005-P . . . . . . . . . . . . exempt Notice of intent to submeter electricity. To ensure adequate submetering equipment
and consumer protections are in place.
PSC-51-23-00006-P . . . . . . . . . . . . exempt Banked Clean Energy Standard Tier 1 Value
of Distributed Energy Resources Renewable
Energy Certificates.
To consider the transfer of such renewable
energy certificates among utilities.
STATE, DEPARTMENT OF
DOS-34-23-00003-P . . . . . . . . . . . 08/22/24 Telemarketing To consolidate and amend regulations relating
to telemarketing
DOS-34-23-00010-P . . . . . . . . . . . 08/22/24 Rules for natural organic reduction
operations, facilities, and certification of
operators.
To provide rules for natural organic reduction
operations, facilities, and certification of
operators.
DOS-35-23-00003-P . . . . . . . . . . . 08/29/24 Appearance Enhancement Licensure and
Dyeing of Eyebrow and Eyelash Hair.
To amend the rule to allow dyeing of eyebrow
and eyelash hair in accordance with federal
regulations.
DOS-50-23-00015-P . . . . . . . . . . . 12/12/24 Appraisal Standards To adopt the 2024 edition of the Uniform
Standards of Professional Appraisal Practice
NYS Register/December 20, 2023 Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
71
STATE UNIVERSITY OF NEW YORK
SUN-35-23-00006-EP . . . . . . . . . . . 08/29/24 State University of New York Tuition and Fee
Schedule
To amend the Tuition and Fees Schedule
effective for the Fall 2023 semester.
SUN-40-23-00004-EP . . . . . . . . . . . 10/03/24 Appointment of Employees and Leave of
Absence for Employees in the Professional
Service.
Revise to comport with provisions of the
collective bargaining agreement between the
State and United University Professions.
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-32-23-00030-P . . . . . . . . . . . 08/08/24 Corporate tax reform. To implement the comprehensive corporate tax
reform effected by L.2014, c.59, pt.A; L.2015,
c.59, pt. T; L.2016, c.60, pt.P.
TAF-48-23-00002-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, 2024 through March 31, 2024.
TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF
TDA-39-23-00003-EP . . . . . . . . . . . 09/26/24 Standard Utility Allowances (SUAs) for the
Supplemental Nutrition Assistance Program
(SNAP)
These regulatory amendments set forth the
federally-approved SUAs as of 10/01/2023.
TRANSPORTATION, DEPARTMENT OF
TRN-34-23-00002-P . . . . . . . . . . . 08/22/24 Regulation of motor carriers in New York
State.
To update Title 49 CFR provisions incorporated
by reference pursuant to regulation of
commercial motor carriers.
TRN-40-23-00001-P . . . . . . . . . . . 10/03/24 Towing contracts on special parkways To repeal regulations requiring competitively
bid roadside assistance contracts on the
State’s special parkways
VICTIM SERVICES, OFFICE OF
*OVS-49-22-00003-P . . . . . . . . . . . 12/07/23 Limits on administrative expenses and
executive compensation pursuant to
Executive Order (EO) 38.
As EO 38 has been discontinued, the purpose
of this rule is to repeal regulations
implementing EO 38.
WORKERS’ COMPENSATION BOARD
WCB-51-23-00003-P . . . . . . . . . . . 12/19/24 DME Fee Schedule To update the DME fee schedule
NYS Register/December 20, 2023Action Pending Index
Agency I.D. No. Expires Subject Matter Purpose of Action
72
ADVERTISEMENTS FOR
BIDDERS/CONTRACTORS
SEALED BIDS
PROVIDE
IN-CELL TV/RADIO SYSTEM
Green Haven Correctional Facility
Stormville, Dutchess County
Sealed bids for Project No. 45881-E, comprising of a contract for
Electrical Work, Provide In-Cell TV/Radio System, Buildings 2, 7, 8,
9, 10 & 15, Green Haven Correctional Facility, Route 216, Stormville
(Dutchess 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 Department of Corrections and
Community Supervision, until 2:00 p.m. on Wednesday, January 10,
2024 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 $210,700 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 $8,000,000 and $9,000,000 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.
X 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 1,175 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 8:00 a.m. on December 29, 2023, OGS Office
Trailer, Green Haven Correctional Facility, use S. Green Haven Road
entrance, Route 216, Stormville, 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 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 Gina Defreitas, (845-227-3829) a minimum of
72 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 72 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 20% for MWBE participation, 10% for Minority-
Owned Business Enterprises (“MBE”) participation and 10% 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 3 of the Veteran’s Services Law provides for more meaning-
ful participation in public procurement by certified Service-Disabled
Veteran-Owned Businesses (“SDVOBs”). Bidders are expected to
consider SDVOBs in the fulfillment of the requirements 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 E 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, downloading, and Electronic Bidding from OGS Design
& Construction’s Electronic Bidding service, Bid Express.
Registration along with viewing, downloading, and electronic bid-
ding can be accessed at the following link: http://www.bidexpress.com
73
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
REPLACE
HEATING SYSTEM
Oriskany Facility
Oriskany, Oneida County
Sealed bids for Project No. 47213-H, comprising of a contract for
HVAC Work, Replace Heating System, Buildings 2, 3, 4 & 5, Oriskany
Facility, 5900 Airport Road, Oriskany (Oneida 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, January 10,
2024, 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 $23,400 for H).
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 $250,000 and $500,000 for H.
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.
X Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 248 days after the
Agreement is approved by the Comptroller.
As a condition of award, within five (5) days 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
cannot meet these provisions may be subject to disqualification and
forfeiture 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 December 28, 2023, Building 2,
State Preparedness Training Center, 900 Airport Road., Oriskany, 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 James Bailey, (315-736-6721) 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 3 of the Veteran’s Services Law provides for more meaning-
ful participation in public procurement by certified Service-Disabled
Veteran-Owned Businesses (“SDVOBs”). Bidders are expected to
consider SDVOBs in the fulfillment of the requirements 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 H 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, downloading, and Electronic Bidding from OGS Design
& Construction’s Electronic Bidding service, Bid Express.
Registration along with viewing, downloading, and electronic bid-
ding 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/December 20, 2023Advertisements for Bidders/Contractors
74
PROVIDE
BACKUP POWER SYSTEM
New York State Police Academy
Albany, Albany County
Sealed bids for Project Nos. 47448-H, and 47448-E comprising of
separate contracts for HVAC Work, and Electrical Work, Provide
Backup Power System, New York State Police Academy, State Office
Building Campus, Building Number 24, 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 New York State Police, until 2:00 p.m. on Wednesday,
January, 10, 2024 when they will be publicly opened and read. Each
bid must be prepared and submitted in accordance with the Instruc-
tions to Bidders and must be accompanied by a bid security (i.e. certi-
fied check, bank check, or bid bond in the amount of $23,100 for H,
and $26,700 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 $250,000 and $500,000 for H, and
between $500,000 and $1,000,000 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.
X Project commenced design on or after January 1, 2020. Subject
to provision.
The substantial completion date for this project is 573 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 December 28, 2023, NYS Police
Academy, State Office Building, Campus Building 24, 1220 Washing-
ton 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, (518-457-2711) 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 3 of the Veteran’s Services Law provides for more meaning-
ful participation in public procurement by certified Service-Disabled
Veteran-Owned Businesses (“SDVOBs”). Bidders are expected to
consider SDVOBs in the fulfillment of the requirements 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 E trade contractor, and 3% for the H
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, downloading, and Electronic Bidding from OGS Design
& Construction’s Electronic Bidding service, Bid Express.
Registration along with viewing, downloading, and electronic bid-
ding 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/December 20, 2023 Advertisements for Bidders/Contractors
75
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
Office of General Services
Pursuant to Section 30-a of the Public Lands Law, the Office of
General Services hereby gives notice to the following:
Notice is hereby given that the New York State Department of
Transportation has determined that:
DOT Map 30D-Parcel 56
Unimproved Land
Enterprise Drive
Dryden, NY, 13053
Village of Dryden, Tompkins County
a 10.80+ acre, parcel of unimproved land, is surplus and no longer
useful or necessary for state program purposes and has abandoned the
property to the Commissioner of General Services for sale or other
disposition as Unappropriated State land.
For further information, please contact: Frank Pallante, Office of
General Services, Legal Services, 36th Fl., Corning Tower, Empire
State Plaza, Albany, NY 12242, (518) 474-8831
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 1915(c) Chil-
dren’s Waiver to establish and authorize payment, in conjunction with
the 1915(b)(4), for financial management services under self-direction
provided to children/youth requiring Adaptive and Assistive Technol-
ogy, Environmental Modifications, and Vehicle Modifications on or
after February 1, 2024. The following changes are proposed:
The Children’s Waiver will be amended for Environmental and Ve-
hicle Modifications and Adaptive and Assistive Technology to be paid
using a fee-for-service delivery system and to establish and authorize
payment for financial management services provided to children/youth
requiring Adaptive and Assistive Technology, Environmental Modifi-
cations, and Vehicle Modifications under self-direction.
The estimated annual changes to gross Medicaid expenditures as a
result of this proposed amendment will be approximately $729,079.
The public is invited to review and comment on this proposed
waiver amendment, a copy of which will be available for public review
on the Department’s website at https://www.health.ny.gov/health_care/
medicaid/redesign/behavioral_health/children/overview.htm. Indi-
viduals without Internet access may view the proposed waiver 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, Children’s Health Home Team, 99 Washington
Ave., One Commerce Plaza, Suite 1432, Albany, NY 12210,
BH.T[email protected].gov
PUBLIC NOTICE
New York State and Local Retirement System
Unclaimed Amounts Payable to Beneficiaries
Pursuant to the Retirement and Social Security Law, the New York
State and Local Retirement System hereby gives public notice of the
amounts payable to beneficiaries.
The State Comptroller, pursuant to Sections 109(a) and 409(a) of
the Retirement and Social Security Law has received, from the New
York State and Local Retirement System, a listing of beneficiaries or
estates having unclaimed amounts in the Retirement System. A list of
names contained in this notice is on file and open to public inspection
at the office of the New York State and Local Retirement System lo-
cated at 110 State St., in the City of Albany, New York.
Set forth below are the names and last known city of record of the
beneficiaries and estate appearing from the records of the New York
State and Local Retirement System, entitled to the unclaimed benefits.
77
At the expiration of six months from the date of publication of this
list of beneficiaries and estates, unless previously paid to the claimant,
the amounts shall be deemed abandoned and place in the pension ac-
cumulation fund to be used for the purposes of said fund.
Any amounts so deemed abandoned and transferred to the pension
accumulation fund, may be claimed by the executor or administrator
of the estates or beneficiaries so designated to receive such amounts,
by filing a claim with the State Comptroller. In the event such claim is
properly made, the State Comptroller shall pay over to the estates or
the person or persons making such claim, the amount without interest.
Beneficiary Name Beneficiary City
Ackerman, Karen L CONCORD
Agnes A McCrystall, Estate of BOHEMIA
Barber, William G ARLINGTON
Barna, James F AMHERST
Baugher Jr, Emerson W PINE VALLEY
Baugher, Gary O GASPORT
Baugher, Jeffrey S ELMIRA
Besanceney, Catherine M WEST ISLIP
Boone, Bryanna R MECHANICSBURG
Brennan, Patrick J KENNESAW
Britton, Courtney L WAPPINGERS FL
Chamberlain, Robert J CHATHAM
Claiborne, Tricia S ST AUGUSTINE
Connelly-Logal, Mary E BUFFALO
Cutter, Cathy E ATTICA
David J Widzinski, Estate of ROCHESTER
David S Golub, Estate of NEW YORK
Davis, Richard W SOUTHBURY
DeBlock, Janette D GLENDALE
DeBolt, Patricia A GENEVA
Dominic A Cuiule, Estate of ROCHESTER
Donald J Keeler, Estate of SYRACUSE
Drayton, William C NEW YORK
Ecklund, Keith B PALMDALE
Edison, Linda C GUILDERLAND
Ferrara, Joseph C WEST HILLS
Fischer, Richard M LIMA
Ford, Leila A SILVER SPRING
Foss, Carol M LAKE HELEN
George B Devine, Estate of WAVERLY
Gist, Marsha D WEST PALM BCH
Grace M Small, Estate of BUFFALO
Grover, Cathie J CONWAY
Hamblin, Maureen E CRANFORD
Hamerstrom, Patricia A WILLIMANTIC
Hasankhan R Pathan, Estate of SOUTHINGTON
Hisae Vlahos, Estate of PEABODY
Husbands, Barbara J CATHEDRAL CTY
Ingram, Celeste E OAKLAND
Ingram, Valerie L ROCHESTER
Irene Lawson, Estate of KINGSTON
Julia Carroll, Estate of CORTLANDT MNR
Lenz, Joyce C CENTEREACH
Linda K Clark, Estate of CORNELIUS
Lindberg, Thomas C KINGS PARK
Main, Tracy A WINTER GARDEN
Marilyn K Dixon, Estate of SYRACUSE
Marion R Squire, Estate of S SETAUKET
Marjory L Schiff, Estate of N PALM BEACH
May, Joseph B ALBANY
McGraw, Elizabeth A GLENS FALLS
McKenzie, Angela T MOUNT KISCO
McKenzie, Anthony D WHITE PLAINS
Meno, Patrick A ENDICOTT
Middleton, Theresa M QUEENSBURY
Miller, Sarah E EAST HARTFORD
Morton, Carol A CONWAY
Muriel Hickey, Estate of WATERLOO
Nancy Myott, Estate of ARGYLE
Nina Mudryk, Estate of WEST ISLIP
Osman, Christopher M GLEN HEAD
Palmer Sr, Billy BALDWINSVILLE
Paracka, Donald W MOORESVILLE
Perez, Catherine J STRAW PLAINS
Pointe, John F BUFFALO
Ralph V D’Ippolito, Estate of YONKERS
Rappaport, Sandra L NEW BERN
Reale, Laurie E CHITTENANGO
Remmert, Thomas M SLINGERLANDS
Roberta G Barber, Estate of SINCLAIRVILLE
Rocco, Eugene J WEST BABYLON
Rosemarie Piper, Estate of NORTHPORT
Ruth B Foss, Estate of PORT ST LUCIE
Sandra J Feuerstein, Estate of BETHESDA
Schlamp, Frederick K TICONDEROGA
Strickland, Sibyl D BAKERSFIELD
Thomas B Jenkins, Estate of GREENSBORO
Walter Vaughan, Estate of WARWICK
Zimmerman, Sherry A SUN CITY WEST
PUBLIC NOTICE
Department of State
F-2023-0826
Date of Issuance – December 20, 2023
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.
In F-2023-0826, 2 Seascape LLC – CO Won Giuriceo: is proposing
to construct a 4’ x 35’ open grate fixed catwalk leading to a 3’ x 15’
ramp and 6’ x 20’ pile restrained float chocked 24’’ off the sea floor.
The preexisting wood dock is to be removed permanently from the
site. The proposal would be located at 2 Seascape Lane, on Quantuck
Bay, Village of Quogue, Suffolk County.
The stated purpose of the proposed action is ”Proposed recreational
dock facility for safe mooring and shoreline access.”
The applicant’s consistency certification and supporting informa-
tion are available for review at: https://dos.ny.gov/system/files/
documents/2023/12/f-2023-0826.pdf or at https://dos.ny.gov/public-
notices
Original copies of public information and data submitted by the ap-
plicant are available for inspection at the New York State Department
of State offices located at One Commerce Plaza, 99 Washington Ave-
nue, in Albany, New York.
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 January 19, 2024.
Comments should be addressed to: Consistency Review Unit,
Department of State, Office of Planning, Development and Com-
NYS Register/December 20, 2023Miscellaneous Notices/Hearings
78
munity Infrastructure, 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
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.
2023-0605 in the Matter of Mach Architecture, Douglas Schaefer,
2000 Sheridan Drive, Tonawanda, NY 14223, for a variance concern-
ing safety requirements, including ceiling height. Involved is a three-
story building located at One Hawk Drive, Town of New Paltz, NY
12561, County of Ulster, State of New York.
2023-0612 in the Matter of ARQ Architecture P.C., Jorge Hernan-
dez, R.A., 100 Executive Blvd., Ossining, NY 10562, for a variance
concerning safety requirements, including stairway width. Involved is
a building located at 22 Lawrence Avenue, Village of Sleepy Hollow,
NY 10591, County of Westchester, State of New York.
2023-0613 in the Matter of Woodruff Architect, John F. Woodruff
AIA, 12 Moran Place, New Rochelle, NY 10801, for a variance
concerning safety requirements, including ceiling height. Involved is
a one family dwelling located at 224 Storer Avenue, City of New
Rochelle, NY 10801, County of Westchester, State of New York.
2023-0617 in the Matter of Richard Vail Architect, PLLC, Richard
Vail, Four Mooney Hill Road, Holmes, NY 12531, for a variance
concerning safety requirements, including ceiling height. Involved is
a one family dwelling located at Four Vista Place, Town of Green-
burgh, NY 10530, County of Westchester, State of New York.
2023-0618 in the Matter of Michael A. Testa Jr., Michael A. Testa
Jr., 1114 State Route 22, Pawling, NY 12564, for a variance concern-
ing safety requirements, including ceiling height. Involved is a one
family dwelling located at 32 Larrys Lane, Town of Pleasantville, NY
10570, County of Westchester, State of New York.
2023-0619 in the Matter of Nicholas L. Faustini Architect PC, Nich-
olas L. Faustini, Six Burns Street, Hartsdale, NY 10530, for a variance
concerning safety requirements, including ceiling height. Involved is
a one family dwelling located at 92 First Street, City of Yonkers, NY
10704, County of Westchester, State of New York.
2023-0620 in the Matter of Rayex Design Group, William Besharat,
266 Shear Hill Road, Mahopac, NY 10541, for a variance concerning
safety requirements, including ceiling height. Involved is a one family
dwelling located at 224 Glen Avenue, Village of Port Chester, NY
10573, County of Westchester, 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.
2023-0606 Matter of Jeffrey S. Schecter, 32 The Birches, Roslyn
Estates, NY 11576, for a variance concerning, pool enclosure require-
ments accessory to an existing dwelling located at 32 The Birches,
Village of Roslyn Estates, County of Nassau, State of New York.
2023-0611 Matter of 16 Oakwood LLC, Kim Toscano, Eight Flora
Street, Cold Spring Harbor, NY 11724, for a variance concerning
safety requirements, including height under projection. Involved is an
existing dwelling located at 16 Oakwood Road, Town of Huntington,
NY, County of Suffolk, State of New York.
NYS Register/December 20, 2023 Miscellaneous Notices/Hearings
79
E
XECUTIV
E
ORDERS
Executive Order No. 28.7: Declaring a Disaster Emergency in the
State of New York
WHEREAS, pursuant to sections 362 and 365 the Public Health
Services Act (42 U.S.C §§ 362 and 365, and the implementing regula-
tion at 42 C.F.R. § 71.40, on August 2, 2021 the Director of the United
States Center for Disease Control (“CDC”) issued a Public Health
Reassessment and Order Suspending the Right to Introduce Certain
Person from Countries Where a Quarantinable Communicable Dis-
ease Exists (the “Title 42 Order”);
WHEREAS, the Title 42 Order prohibits migration into the United
States by “covered noncitizens” traveling from Canada or Mexico
(regardless of their country of origin) who would otherwise be
introduced into a congregate setting in a port of entry or U.S. Border
Patrol station at or near the U.S. land and adjacent coastal borders;
WHEREAS, even with the Title 42 Order in place, large numbers
of migrants with immediate housing and service needs have arrived in
the City and State of New York over the first few months of the year:
as of May, the City of New York, alone, was providing temporary
housing for 36,738 migrants from the southern border, a number that
had increased by 12,279 individuals since January 2023; including by
an additional 1,578 individuals in just a week;
WHEREAS, since the expiration of the Title 42 Order on May 11,
2023, thousands of additional people have sought shelter in New York,
with New York City alone currently being responsible for sheltering
more than 65,000 migrants;
WHEREAS, federal support is critical to support the City of New
York and other local governments within the State that lack the
infrastructure, facilities, and resources necessary to meet the immedi-
ate humanitarian demand to house and meet other basic needs of the
large numbers of migrant arrivals; and
WHEREAS, the arrival of increased numbers of migrants seeking
shelter in the City and State of New York is expected to exacerbate an
already large-scale humanitarian crisis and create a disaster emer-
gency to which local governments are unable to adequately respond,
creating a threat to health and safety, which could result in the loss of
life or property; and
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State
of New York, by virtue of the authority vested in me by the Constitu-
tion of the State of New York and Section 28 of Article 2-B of the Ex-
ecutive Law, do hereby extend the State Disaster Emergency as
declared in Executive Order 28 and its successors, and do hereby
continue the terms, conditions, and suspensions contained in Execu-
tive Order 28 and its successors, until December 20, 2023.
(L.S.) GIVEN under my hand and the Privy Seal of
the State in the City of Albany this twenty-
first day of November in the year two thou-
sand twenty-three.
BY THE GOVERNOR
/S/ Kathy Hochul
/s/ Karen Persichilli Keogh
Secretary to the Governor
81
