Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act, notice is hereby provided of the following rules which the Department of Agriculture and Markets is considering proposing but for which a rulemaking proceeding has not been commenced. All section and Part references are to Title 1 of the New York Code of Rules and Regulations, except where noted.

DIVISION OF ANIMAL INDUSTRY

Section 45.6: Consider amending section 45.6 to require mandatory depopulation, cleaning, and disinfection of the live poultry markets every 3 months.

Part 50: Consider amending regulations pertaining to livestock disinfection procedures and removing obsolete provisions.

Part 53: Consider amendments relative to the movement of cattle into New York State.

Part 57: Consider repealing sections 57.7 through 57.23 pertaining to the salmonella enteritis testing program.

Part 60: Consider amending requirements governing the intrastate movement of deer in light of amendments to health requirements for captive cervids (Part 68) and also clarify requirements for tuberculosis testing.

Part 61: Consider adopting recordkeeping requirements for swine, cervid, camelid, goat, and sheep dealers.

Part 64: Consider amending sections 64.4, 64.7 and 64.8 to clarify the requirement that veterinarians must have Class 2 USDA accredited status in order to submit samples for official equine infectious anemia (Coggins) tests.

Part 67: Consider amending importation restrictions on livestock originating in states with vesicular stomatitis virus to make those restrictions consistent with federal requirements.

Part 77: Consider amending the standards of care for seized dogs, clarifying the definition of a dog dealer and conforming the means of euthanasia set forth in section 77.3(a) of the regulations to AML section 374(3)(a).

Part 82: Consider adopting pet dealer regulations to establish requirements for the veterinary plan, primary enclosure, whelping box, exercise for the animals, isolation area, ventilation, temperature, and light.

Part 351: Consider amending sections 351.6 and 351.10 to require official identification in the form of USDA approved official RFID ear tags for cattle and swine entering all county fairs and the New York State Fair.

Name of agency contact: David C. Smith, DVM, Director, Division of Animal Industry

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone number: (518) 457-3502

DIVISION OF FOOD SAFETY AND INSPECTION

Parts 250, 252, 259; sections 261.8, 261.9, 262.1, 265.1, 266.1, 267.1, 271-4.7, 271-5.3(h), 271-5.3(j), 271-5.4(g); and Parts 277, 279, 280 and 281: Consider amending these Parts/sections to incorporate by reference the most recent Federal regulations (2016).

Part 271: Consider repealing section 271-2.2(f), regarding the inspection by an approved mushroom identification expert of mushroom species picked in the wild prior to sale.

Part 271: Consider amendments to section 271-7.30, to require the posting of a sign near each entrance of a store indicating “No Animals (Other Than Service Animals) Allowed.”

Part 283: Consider incorporating by reference 21 CFR Part 507 - Current Good Manufacturing Practices, Hazard Analysis, and Risk Based Controls for Food for Animals.

Name of agency contact: Jon Greenberg, Director, Division of Food Safety and Inspection

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone number: (518) 457-4492

[email protected]

DIVISION OF MILK CONTROL AND DAIRY SERVICES

Part 2: Consider amendments in order to regulate camel’s milk.

Section 2.8: Consider amendments to make changes relative to the somatic cell count for pre-pasteurized milk from sheep and goats.

Section 2.8: Consider amendments to establish quality standards for raw milk cheeses.

Name of agency contact: Casey McCue, Director, Division of Milk Control and Dairy Services.

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone number: (518) 457-1772

DIVISION OF PLANT INDUSTRY

Parts 106 and 107: Consider updating seed potato certification standards for foundation and certified classes to reflect advances in plant disease testing and to set standards and tolerances for a group of bacterial pathogens known by the common name “blackleg.”

Part 159: Consider amendments to the industrial hemp regulations to align them with the current version of Article 29 of the Agriculture and Markets Law.

Name of Agency Contact: Christopher Logue, Director, Division of Plant Industry

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone number: (518) 457-2087

BUREAU OF WEIGHTS AND MEASURES

Section 220.1: Consider removing the requirement for commercial devices to have NYS approval and only use approval through the National Conference on Weights and Measures (NCWM). Also consider removing the associated $100 fee paid by private industry in section 220.12(a)(2).

Section 220.2: Consider adopting national standards for the specifications, tolerances, and regulations for commercial weighing and measuring devices as published in the 2020 edition of NIST Handbook 44.

Section 220.5: Consider removing terminal rack meters from the list of devices which municipal weights and measures officials are mandated to test.

Section 220.5: Consider allowing the Federal Milk Market Administrator to perform calibrations of milk holding tanks independently, without the involvement of local W&M offices.

Section 220.5: Consider amendments to remove timing devices from the list of devices which municipal weights and measures officials are mandated to test.

Part 220.14: Consider revising to align closer with NIST Handbook 130 standards for packaging, labeling, and methods of sale.

Section 221.11: Consider adopting national standards for the checking of the net contents of packaged goods as published in the 2020 edition of NIST Handbook 133.

Part 221: Consider creating a method-of-sale regulation for electric vehicle (EV) charging stations.

Part 225: Consider adopting regulations to implement Agriculture and Markets Law section 192-h, relating to the installation of generators at service stations in the downstate area.

Name of agency contact: Michael Sikula, Director, Bureau of Weights and Measures

Office Address: 10B Airline Drive, Albany, New York 12235

Telephone number: (518) 457-3146

Pursuant to State Administrative Procedure Act (SAPA) § 202-d, the Office of Temporary and Disability Assistance (OTDA) is required to publish a regulatory agenda for those regulations that it is considering for publication in the New York State Register. Set forth below is an agenda for 2020. SAPA § 202-d does not preclude OTDA from proposing for adoption a regulation that is not described in the agenda, nor does it require OTDA to propose for adoption a regulation that is described in the agenda.

All references are to Title 18 of the New York Codes, Rules and Regulations (NYCRR) unless otherwise noted. The agenda items are organized pursuant to the Part of Title 18 NYCRR that most likely would be amended. However, the agenda items eventually could require amendments to different Parts than those listed below and/or to more than one Part of Title 18 NYCRR.

Part 301 – Veteran Assistance

Amend regulations to replace gender-specific terms with gender-neutral terms.

Part 311 – Change of Residence

Amend regulations to repeal certain residency requirements to reflect current policies and practices.

Part 340 – Public Access to Department Records under the Freedom of Information Law

Update regulations concerning public access to records under the Freedom of Information Law to reflect the current organization of the Department of Family Assistance.

Part 346 – Support Collection

Establish guidelines for the local child support enforcement units to follow in determining whether and under what circumstances a passport, which has been denied, revoked, or restricted by the United States (U.S.) Department of State due to non-payment of child support, may be released.*

Update regulations to allow for reporting increases in the amount subject to administrative enforcement in certified cases.

Part 347 – Establishment of Paternity and Enforcement of Child Support

Revise regulations concerning the provision of child support services in intergovernmental cases.

Part 351 – Investigation and Eligibility

Clarify provisions concerning the submission of a social security number as a condition of eligibility for public assistance.*

Part 352 – Standards of Assistance

Amend regulations to make technical updates to Part 352, including updating references to “aid to dependent children” and “home relief” with “family assistance” and “safety net assistance” respectively.

Amend regulations to implement changes to public assistance lien policy consistent with Social Services Law (SSL) § 106 to require social services districts to: obtain a signed acknowledgment form from an applicant/recipient real property owner prior to taking a real property lien; and provide the real property owner with a biennial accounting of assistance and recoveries used in determining the amount of an outstanding real property lien.*

Amend regulations to update and clarify standards pertaining to hotels and motels used as placements for recipients of temporary housing assistance.*

Part 358 – Fair Hearings

Update regulations to clarify that the term “hearing officer” may be used interchangeably with the term “administrative law judge.”

Amend regulations to conform with 7 Code of Federal Regulations § 273.15(c)(4) regarding Supplemental Nutrition Assistance Program fair hearing adjournment.*

Part 359 – Disqualification for Intentional Program Violation

Revise regulation to clarify that disqualification consent agreements are reviewable at a fair hearing to ensure compliance with procedural requirements.*

Part 369 – Family Assistance

Amend regulation to address applications for or receipt of public assistance as an assignment to the State and the social services district of rights to support.

Part 385 – Public Assistance and Supplemental Nutrition Assistance Program (SNAP) Employment Program Requirements

Amend the title and the regulations of Part 385 to make technical updates, including updating references from “food stamp” to “SNAP.”

Clarify that support services may be provided to individuals assigned to work activities by the social services district.*

Revise assessment regulations to clarify that the requirements for exempt individuals in households without dependent children to comply with an assessment are consistent with those for exempt individuals in households with dependent children.*

Amend employment program provisions for notices of conciliation and notices of discontinuance or reduction as a result of an employment sanction to incorporate plain language requirements.*

Amend regulations to implement changes to the work activities that may be made available to individuals to include financial literacy.*

Establish additional guidelines regarding work activity definitions and work documentation and verification procedures to make them consistent with standards required by federal regulations.*

Implement changes to participation rate regulations to conform to amendments to the SSL which require social services districts to expand the countable work activities available to safety net assistance participants without children to include community service programs, the provision of child care services to an individual participating in community service and time limited vocational education training, job search and job readiness assistance.*

Revise SNAP employment and training regulations to conform to federal regulations.*

Modify provisions that permit foster care parents and individuals who are caring for a disabled household member to be deemed as community service participants to only apply to public assistance households without dependent children. Federal regulations do not permit an individual who is caring for a disabled family member or a foster parent to be reported as participating in community service or any other work activity reported toward the federal work participation rate.

Part 387 – Supplemental Nutrition Assistance Program

Amend regulations to make technical updates to Part 387.

Revise regulations to raise the level of the minimum annual Home Energy Assistance Program (HEAP) or other energy assistance benefit required to confer eligibility for the SNAP Heating and Cooling Standard Utility Allowance (HCSUA) from $1.00 to $21.00.*

Update regulations to reflect the current policy that standard allowances for heating/air conditioning, utility and telephone costs are used in calculating shelter expenses for SNAP.*

Update regulations to reflect the current policy that households in shared living arrangements are entitled to the full applicable level of the standard utility allowance.*

Revise SNAP regulations concerning the special definition of the “head of the household.”*

Delete SNAP monthly reporting/retrospective budgeting references and add provisions for change reporting.*

Conform regulations concerning in-office interviews for SNAP applicants to federal requirements.*

Establish guidelines to conform to the terms of new federal combined application project waiver.*

Generally update SNAP regulations to conform to changes in federal regulations and law.*

Part 393 – Home Energy Assistance Program (HEAP)

Amend HEAP regulations to reflect current practices and the provisions of the federally accepted HEAP State Plan, including the confidentiality requirements contained therein.*

Amend regulations to articulate rules for protection of HEAP data and data sharing.

Part 398 – Supplemental Security Income (SSI) Additional State Payments

Amend regulations to clarify certain aspects of the State Supplement Program, among them: who is eligible to participate in the State Supplement Program (SSP) based on the initial eligibility determination transmitted from the Social Security Administration to New York State via the state data exchange process; that neither SSP nor State Supplemental Personal Needs Allowance benefits will be issued once a participant’s death has been verified; and that New York State has the right to operate the SSP under State rules.

Part 800 - Homeless Housing and Assistance Program (HHAP)

Amend regulations regarding the conflict of interest rules for HHAP to address all ownership entities involved in HHAP projects. Revise and update certain definitions and terminology, clarify funding processes, and provide for the role of the Homeless Housing and Assistance Corporation Board as established in Private Housing Finance Law § 45-c.

It is not anticipated that small business regulation guides will need to be developed for the proposals set forth in this agenda.

* The asterisks identify rules for which a regulatory flexibility analysis or a rural area flexibility analysis may be required.

At this time, OTDA cannot specify the dates for publication in the New York State Register of the items listed above. OTDA would welcome comments related to this regulatory agenda at the address listed below, and each published Notice of Proposed Rule Making will provide a public comment period and a contact person to whom comments may be sent.

Any questions, comments, or requests for information concerning the items listed in this agenda may be referred to Richard P. Rhodes, Jr., Associate Attorney, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243. Telephone: (518) 486-7503. E-mail: [email protected]. The regulatory agenda may be accessed on OTDA's website at http://otda.ny.gov/policy/regulatory-agenda/