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.

AGRICULTURAL PROTECTION AND DEVELOPMENT SERVICES

Part 390: Consider amending the requirements for county agricultural and farmland protection plans to allow counties to apply for funding to update their farmland protection plan after 10 years. This rulemaking will implement the provisions of Chapter 124 of the Laws of 2007.

Name of agency contact: Bill Kimball

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

Telephone number: 518-457-7076

DIVISION OF ANIMAL INDUSTRY

Part 45: Consider amending avian influenza testing requirements to correspond to practices in other states.

Part 46: Consider amending the program for the control and eradication of brucellosis to remove obsolete provisions and adopt updated federal standards.

Part 53: Consider amending import requirements to allow cattle to enter the state without a certificate of veterinary inspection under specific conditions.

Part 59: Consider amending the vaccine requirements to define the criteria for use of the rabies vaccine in New York.

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

Part 63: Consider adopting Pseudorabies and Brucellosis import testing requirement for feral or transitional swine.

Part 64: Consider amending regulations governing the movement and transfer of horses or other equidae to allow the acceptance of “equine passports” issued by other states.

Part 68: Consider amending the intrastate movement restrictions for captive cervids to provide the owners of herds of Chronic Wasting Disease (CWD) susceptible species with a one-time option to move all of their CWD susceptible animals to a special purpose herd.

Part 77: Consider amending the standards of care for seized dogs to clarify the definition of a dog dealer.

Part 351: Consider amending the animal health requirements for admission to fairs to require all entries to include a premises identification number.

Name of agency contact: Dr. John Huntley

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

Telephone number: 518-457-3502

DIVISION OF FOOD SAFETY AND INSPECTION

Part 271: Consider amending sanitation requirements for retail food stores to correspond with changes to the 2005 FDA Food Code.

Part : Consider adopting regulations to implement Chapter 668 of the Laws of 2006, relative to dumping sub-standard or below grade agricultural products.

Name of agency contact: Joseph Corby

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

Telephone number: 518-457-4492

DIVISION OF MILK CONTROL AND DAIRY SERVICES

Parts 2 & 3: Consider amending requirements for the production, processing and distribution of milk and milk products.

Section 2.8: Consider amending the pasteurized milk and pasteurized cultured product standards to include a zero tolerance standard for pathogenic coliform.

Part 17: Consider adoption of current federal standards of identity for milk and milk products.

Name of agency contact: Will Francis

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

Telephone number: 518-457-1772

DIVISION OF PLANT INDUSTRY

Section 95.3: Consider amending seed germination testing provisions to conform with Agriculture and Markets Law § 137.

Section 95.9: Consider amending to add seeds of additional weeds and undesirable grasses to the list of noxious weed seeds.

Part 96: Consider amending regulations relative to seed certification.

Part 127: Consider amending the Golden Nematode quarantine.

Part 131: Consider amending the Pine Shoot Beetle Quarantine to add Columbia, Orange and Ulster County.

Part 139: Consider amending the Asian Long Horned Beetle quarantine area.

Part 140: Consider adopting regulations to establish a plum pox virus quarantine. (Currently, a rule on the subject is in effect on an emergency basis.)

Part 141: Consider adopting regulations to establish a European wood wasp quarantine.

Name of Agency Contact: Robert Mungari

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

Telephone number: 518-457-2087

BUREAU OF WEIGHTS AND MEASURES

Part 220: Consider amending test procedures for wheel-load weighers and portable axle-load scales to reflect more appropriate test loads for certification.

Part 220: Consider increasing the maximum fees that municipal directors of weights and measures can charge for inspections and adopting maximum fees for pricing accuracy inspections.

Section 220.2: Consider adopting national standards for the specifications, tolerances and regulations for commercial weighing and measuring devices as published in the 2008 edition of NIST Handbook 44.

Part 221: Consider adopting national standards, based on “NIST Handbook 130,” for commodity labeling and methods of sale for foods and consumer commodities under the Department's jurisdiction.

Part 224: Consider amending the standards for gasoline, diesel fuel and kerosene to conform with certain provisions in the 2008 ASTM Annual Book of Standards.

Section 224.3: Consider adopting standards for alternative fuels produced from biological sources such as biodiesel, blend stock ethanol, and alternative fuels such as E85 and E75.

Name of agency contact: Ross Andersen

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

Telephone number: 518-457-3146

EXECUTIVE

Parts 360 & 365: Consider amending regulations governing public access to records of the Department pursuant to the Freedom of Information Law and the Personal Privacy Protection Act.

Name of agency contact: Rebecca Smith

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

The New York State Banking Department is planning to seek comments on the following regulatory proposals:

1. Amendments to Part 38 of the General Regulations of the Banking Board (Definition of Terms; Advertising; Application and Commitment Disclosures and Procedures; Improper Conduct under Article 12-D) to eliminate the definitions of full service branch and loan solicitation branch, add definitions of application and net branch, clarify disclosure requirements and requirements for branches, and add the specific prohibition against “dual employment” to the list of Prohibited Conduct. There also would be an accompanying proposal to amend Part 410 of the Superintendent's Regulations (Mortgage Bankers: Licensing Requirements; Mortgage Brokers: Registration Requirements; Branch Applications: Notifications: Books and Records; Annual Reports; Surety Bonds; and Consultants of Licensed Mortgage Bankers and Registered Mortgage Brokers) and to make corresponding amendments to Supervisory Procedures MB 101, 102, 103 and 104. It is also proposed to amend Part 413.3 of the Superintendent's Regulations (Procedures and Requirements for Mortgage Brokers to act as FHA Mortgage Loan Correspondents) to make it clear that the corporate surety bond required as a precondition of Department approval to make FHA insured mortgage loans is in addition to any other bond requirement imposed by the Banking Law or otherwise. A corresponding amendment to Supervisory Procedure MB 106 is also proposed.

2. Amendments to Part 82 of the General Regulations of the Banking Board (Alternative Mortgage Instruments) to increase the loan-to-value ratio of up to 103% on alternative rate mortgage instruments to achieve parity with national banks.

3. Amendments to Parts 80, 82, 84, and 96 of the General Regulations of the Banking Board (Mortgage Lending) regarding making appraisal requirements consistent with federal appraisal requirements.

4. Amendments to Part 406 of the Superintendent's Regulations (Money Transmitters) to establish new reporting requirements for licensed money transmitters in order to provide the Department with more timely information on the business activities and financial status of the licensees.

5. Amendments to Part 38 of the General Regulations of the Banking Board to clarify that the copy of the pre-application disclosures maintained by a mortgage broker must be dated by the applicant as well as signed by the applicant, to revise the required disclosures to allow for ARMs, to provide for consistency in the disclosure of information for mortgage bankers acting as mortgage brokers, etc., to regulate dealings with unauthorized mortgage loan originators, to require the retention of certain insurance documents, to govern unauthorized sharing of customer information with unaffiliated third parties, to describe deceptive advertising practices and to improve customer disclosure.

6. Amendments to Part 410 of the Superintendent's Regulations to add lease requirements for branch office applications, to require additional information in connection with changes in executive officers or branch managers, to clarify books and records requirements, to increase net worth requirements for mortgage bankers and to institute a net worth requirement for mortgage brokers.

7. Amendments to Parts 80 and 82 of the General Regulations of the Banking Board to remove the maximum amount on the junior lien mortgage loans and alternative mortgage instruments to which they apply.

8. Addition of a new Part to the Superintendent's Regulations implementing new Article 12-E of the Banking Law regarding authorization of and education requirements for mortgage loan originators, approval of providers of education courses, and application procedures for authorization as a mortgage loan originator and for approval as an education course provider.

9. Amendments to Supervisory Procedure CB 105 reducing the information required in applications for the formation/expansion of a holding company and in applications for a merger, consolidation, or purchase of assets.

10. Adding new Supervisory Procedure for applications by credit unions to convert to mutual savings banks.

11. Amending Parts 38 and 82 of the General Regulations of the Banking Board to make the affordability standard presently in found in Banking Law Section 6-l applicable to all lenders regulated by the Department.

Contact Person: Sam L. Abram, Secretary of the Banking Board, One State St., New York, NY 10004, (212) 709-1658.

Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for calendar year 2008. All section and part references are to Title 8 of the New York Code of Rules and Regulations. The State Education Department reserves the right to add, delete or modify, without further notice, except as required by the State Administrative Procedure Act, any item or information presented herein as relating to the 2008 Regulatory Agenda.

OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to Distinguished Educators to define eligibility, establish selection process duties, and define “reasonable and necessary” expenses.

Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to School Quality Review Teams and Joint School Intervention Teams to define “reasonable and necessary expenses.”

Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to the restructuring and reorganization of SURR schools.

Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to District Improvement Plans.

Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to superintendents' contracts.

Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to full-day kindergarten transition planning grants.

Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to pupils with limited English proficiency.

Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to student progress reports, school leadership and school progress report cards.

Amendment of the Commissioner's Regulations to conform provisions relating to Educationally Related Support Services Aid and Declassification Support Aid to the Laws of 2007.

Amendment of Part 100 and Part 175 of the Commissioner's Regulations to conform provisions relating to foundation formula aid for state aid to schools to the Laws of 2007.

Amendment of section 100.2(x) of the Commissioner's Regulations to conform the definition of “unaccompanied youth” to the federal definition as found in Subtitle B of Title VII of the federal McKinney-Ven to Homeless Education Assistance Act (42 U.S.C. sections 11431 et seq.), as amended.

Amendment of section 100.2 (gg) of the Commissioner's Regulations to revise and update provisions on Violent and Disruptive Incident Reporting (VADIR).

Amendment of section 110.6 of the Commissioner's Regulations relating to aidable summer school programs.

Amendment of section 135.4(c)(7)(i)(c)(2) and (3) of the Commissioner's Regulations relating to requirements for teacher coaches and non-teacher coaches.

Amendment of the Commissioner's Regulations relating to the duration of student competition in interscholastic athletics.

Amendment of the Commissioner's Regulations to extend the provision that sunsets January 31, 2008 to allow those who complete the External Diploma Program to be awarded a high school equivalency diploma.

Amendment of the Commissioner's Regulation to implement Chapter 57 of the Laws of 2007 relating to teacher tenure, annual professional performance review under section 100.2(o) and the ability to use data to improve student performance.

Amendment of the Commissioner's Regulations to conform to Chapter 670 of the Laws of 2007, regarding requiring school districts, identified by the Commissioner as having a significant number of children with asthma or others deemed appropriate, to minimize idling of school buses and other vehicles while on school grounds or in front of a school.

Amendment of the Commissioner's Regulations to conform to Chapter 181 of the Laws of 2007 (“P.J.'s Law”), by promulgating regulations requiring school bus drivers and attendants on a bus transporting children with disabilities to complete training, at least once a year, on the special needs of children with disabilities.

Amendment of Part 156 of the Commissioner's Regulations, regarding transportation, to revise and update the regulations.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above proposed amendments by contacting:

Johanna Duncan-Poitier

Senior Deputy Commissioner P-16

New York State Education Department

Office of Higher Education

89 Washington Avenue

West Wing, Second Floor Mezzanine — EB

Albany, New York 12234

(518) 474-3862

OFFICE OF HIGHER EDUCATION

Amendment of Part 30 of the Commissioner Regulations to designate a tenure area for each of the several teacher certificate titles that did not exist prior to February 2, 2004.

Amendment of Part 52 and Part 80 of Commissioner's Regulations related to the requirements for teacher certification in special education.

Amendment of Section 8 NYCRR 100.2(dd) and Part 80 of Commissioner's Regulations, relating to changes in district professional development plans to account for changes in regulations related to the certification of school leaders.

Amendment of Part 80 of Commissioner's Regulations to establish a three-year limit for applications for teacher certification to remain active.

Amendment of Part 87 of the Commissioner's Regulations relating to oral arguments.

Amendment of Part 30 of Commissioner's Regulations to implement statutory requirements of section 3012(b) of Education Law, as added by Chapter 57 of the Laws of 2007, establishing minimum standards for tenure determinations by public schools and boards of cooperative educational services.

Amendment of Part 52, Part 57 and Part 80 of Commissioner's Regulations to implement the statutory requirements of Chapter 143 of the Laws of 2006, related to required training for special education teachers and special education administrators in the needs of children with autism.

Amendment of Part 80 of Commissioner's Regulations to establish requirements for a certificate in educational interpreting.

Amendment of Part 80 of Commissioner's Regulations to expand the scope of practice for holders of the School District Leader certificate and to establish a transitional certificate for School District Business Leaders.

Amendment of Part 80 of Commissioner's Regulations to establish requirements for a transitional certificate in classroom teaching titles in a demonstrated shortage area.

Amendment of Part 30 to designate a tenure area for each of the several teacher certificate titles that did not exist prior to February 2, 2004.

Amendment of Part 80 related to the renewal of initial certificates in the classroom teaching service and the educational leadership service.

Amendment of the Commissioner's Regulations relating to eligibility for TAP awards.

Amendment of Part 52 and Part 80 related to the requirements for teacher certification in Special Education.

Amendment of Subpart 4-2 of Regents Rules, relating to a revised fee structure for Regents Accreditation of Teacher Education (RATE).

Amendment of Part 50 of the Commissioner's Regulations to clearly define and differentiate remedial and developmental coursework from credit-bearing college coursework.

Amendment of Part 52 of the Commissioner's Regulations to strengthen admissions policies to ensure prospective college students have accurate information on the college, job placement, and/or transfer opportunities necessary to make educated enrollment decisions.

Amendment of the Commissioner's Regulations to implement Chapter 41 of the Laws of 2007 regarding the Student Lending Accountability, Transparency and Enforcement Act (SLATE).

Agency Representative

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Johanna Duncan-Poitier

Senior Deputy Commissioner P-16

New York State Education Department

Office of Higher Education and Office of the Professions

89 Washington Avenue

West Wing, Second Floor Mezzanine — EB

Albany, New York 12234

(518) 474-3862

OFFICE OF THE PROFESSIONS

Amendment of section 3.57(b) of the Regents Rules, conferring the Doctor of Medicine degree, to eliminate the requirement of three years of licensed practice.

Amendment of Part 17 of the Regents Rules to conform to the new three member panel law.

Amendment of Part 17 of the Regents Rules relating to the summary suspension procedure.

Amendment of Part 18 of the Regents Rules relating to the provision of services to nurses with substance abuse problems.

Amendment of Part 24 of the Regents Rules relating to the application period for the restoration of professional licenses and the submission of materials in support of such applications.

Amendment of Part 24 of the Regents Rules relating to the waiver of citizenship requirement for licensure in veterinary medicine, dentistry, dental hygiene and pharmacy.

Amendment of Part 24 of the Regents Rules relating to the approval by the committee on the professions of three-year limited licenses in dentistry, dental hygiene, veterinary medicine, veterinary technology, and pharmacy.

Amendment of Part 29 of the Regents Rules relating to the packaging and dispensing of certain pharmaceuticals and electronic recordkeeping in pharmacies.

Amendment of Part 29 of the Regents Rules relating to the use of identification badges for certain professionals.

Amendment of Part 52 and Subparts 79-13, 79-14 and 79-15 of the Commissioner's Regulations relating to registered programs and education requirements for licensure in the clinical laboratory practitioner professions.

Amendment of Parts 52 and 77 of the Commissioner's Regulations relating to the educational standards necessary for licensure in Physical Therapy.

Amendment of Part 62 of the Commissioner's Regulations relating to admission to the examination in veterinary technology.

Amendment to Part 64 of the Regulations of the Commissioner relating to the orders required for administering immunizations.

Amendment of Subparts 69.1, 69.2 and 69.3 relating to exam timing and endorsement procedures in architecture.

Amendment of Part 70 of the Commissioner's Regulations relating to experience requirements for licensure in Certified Public Accountancy and to competency requirements relating to the signing of financial statements.

Amendment of Subpart 74.8 of the Commissioner's Regulations relating to grandparenting in the licensing provisions for Social Work.

Amendment of Part 75 of the Commissioner's Regulations relating to education and experience standards for speech-language pathology and audiology.

Amendment of Part 76 of the Commissioner's Regulations relating to the supervision of occupational therapy assistants.

Amendment of Part 79 of the Commissioner's Regulations relating to supervision, grandparenting and case narrative requirements in the Mental Health Professions.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Frank Muñoz

Associate Commissioner

New York State Education Department

Office of the Professions

89 Washington Avenue

West Wing, Second Floor — Education Building

Albany, NY 12234

(518) 486-1765

OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Amendment to sections 200.1, 200.3, 200.4, 200.5, 200.7, 200.16 of the Commissioner's Regulations relating to definitions, committee on special education member attendance, referrals and requests for referral for an individual evaluation, amendments to the individualized education program (IEP), reevaluation, State complaints, mediation, multidisciplinary team member attendance, referral of preschool students suspected of having a disability and provision of services for preschool students with disabilities as are required to conform to Chapter 378 of the Laws of 2007.

Amendment to sections 200.2(d), and 200.6(i), 200.7 and 200.16(c) of the Commissioner's Regulations relating to a school district placement of a student with a disability in an in-state or out-of-state private school.

Amendment to section 200.3 of the Commissioner's Regulations relating to the qualifications of the chairperson of the committee on special education.

Amendment to section 200.4 and 200.16 of the Commissioner's Regulations to revise the timelines for individual evaluations, IEP development and IEP implementation.

Amendment to section 200.7 of the Commissioner's Regulations relating to the approval process for private schools for reimbursement with public funds and the use of rewards and incentives by private schools and State-operated and State-supported schools.

Amendment to section 200.9 of the Commissioner's Regulations relating to rate-setting and tuition rates for approved programs for students with disabilities.

Amendment to Part 200 of the Commissioner's Regulations relating to the provision of special education services to students with disabilities parentally placed in nonpublic schools, including child find, evaluations, services, expenditure of federal funds and due process. Amendment to the Commissioner's Regulations relating to the establishment of a dispute resolution mechanism, as required by section 3602-c of Education Law, that will be available to a school district of residence where such district disagrees with the amount of tuition or costs charged by the school district of location for students attending nonpublic schools.

Amendment to Parts 246 and 247 of the Commissioner's Regulations relating to the vocational rehabilitation program operated pursuant to Title I of the Rehabilitation Act, as may be appropriate in order to conform to possible changes made when Congress reauthorizes that act this year.

Agency representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Rebecca Cort

Deputy Commissioner

New York State Education Department

Office of Vocational and Educational Services for Individuals with Disabilities

One Commerce Plaza, Room 1606

Albany, New York 12234

(518) 474-2714

OFFICE OF CULTURAL EDUCATION

Amendments to Part 188 of the Commissioner's Regulations relating to State Agency Records Management to update and correct various requirements affecting the management of records, including revising technical language and updating the list of State agencies paying annual fixed fees for records management services.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:

Christine Ward

Assistant Commissioner for the State Archives

9A49 Cultural Education Center

Albany, NY 12230

(518) 473-7091

Amendment of Part 90 of the Commissioner's Regulations relating to the library and library system programs and services.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:

Janet M. Welch

State Librarian and Assistant Commissioner for Libraries

New York State Education Department

Office of Cultural Education

Room 10C34

Albany, NY 12230

(518) 474-5930

OFFICE OF MANAGEMENT SERVICES

Amendment of the Commissioner's Regulations pursuant to the Electronic Signatures in Global and National Commerce Act (P.L. 106-229) relating to performance standards to ensure accuracy, record integrity and accessibility of records that are required to be retained.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:

David Walsh

Chief Information Officer

New York State Education Department

Office of Management Services

89 Washington Avenue

Room 121 EB

Albany, New York 12234

(518) 486-1702

Amendment of the Commissioner's Regulations relating to school district payments to charter schools for educational costs, pursuant to section 102 of Part H of Chapter 83 of the Laws of 2002.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:

Burt Porter

Director of Education Finance

New York State Education Department

89 Washington Avenue

Room 139 EB

Albany, New York 12234

(518) 486-2422

Amendment of the Commissioner's Regulations to conform to Chapter 91 of the Laws of 2002 and Chapter 123 of the Laws of 2003, relating to New York City School District governance.

Amendment of Part 113 of the Commissioner's Regulations relating to the powers and duties of the New York City Board of Education in determining certain appeals.

Amendment of Parts 275 and 276 and section 100.2(y) of the Commissioner's Regulations relating to procedures for appeals to the Commissioner pursuant to Education Law section 310.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Kathy A. Ahearn

Counsel and Deputy Commissioner for Legal Affairs

New York State Education Department

89 Washington Avenue

Room 112 EB

Albany, New York 12234

(518) 474-6400

OFFICE OF STATE REVIEW

Amendment to section 279.1 relating to the incorporation and clarification of definitions and other provisions as relevant to state-level review of hearings for students with disabilities that are currently referenced in parts 275 and 276; deletion of references to parts 275 and 276; clarification of the jurisdiction of a state review officer; clarification of the authority of a state review officer to review manifestation determinations; updating cross references to statutory provision (s) for state-level review of hearings for students with disabilities.

Amendment to section 279.2 relating to timelines for serving and filing a Notice of Intention to Seek Review, Petition for Review, and memorandum of law; clarification of purpose of Notice of Intention to Seek review; clarification that parent must be personally served by a petitioning district; clarification of timeframe in which to file and serve pleadings and memorandum of law upon another party; and addition of a notice of certification requirement.

Amendment to section 279.3 relating to change of address for filing and where copies of regulations may be obtained.

Amendment to section 279.4 relating to petition as the pleading that initiates review and determines timeliness of appeal; to clarify that personal service is required; clarify sufficiency of content and time in which to serve and file the petition for review and memorandum of law with the Office of State Review; and add disclosure of whether a related action or proceeding is pending in another forum.

Amendment to section 279.5 relating to filing and serving an answer and supporting papers with the Office of State Review.

Amendment to section 279.6 relating to new matters raised in an answer and the timeframe in which to serve and file a reply.

Amendment to section 279.7 relating to failure to properly verify a pleading.

Amendment to section 279.8 relating to the table of authorities, revisions to form requirements and non-compliance with form requirements; clarification regarding practices that circumvent page limitations for pleadings; revision of page limitations of an answer that includes a cross appeal, clarification of the requirement that pleadings be signed consistent with 22 NYCRR 130-1.1a(a); and submission of electronic copies of pleadings and memoranda of law.

Amendment to section 279.9 relating to content of record; electronic filing of record; certification of record and clarification that 279.9 (b) refers to complete record.

Amendment to section 279.10 relating to extensions of time to answer, reply or cross appeal; establish length of extensions permitted; submission of additional evidence; clarification of language regarding interim determinations; and updating a cross reference to section 200.5.

Amendment to section 279.11 relating to calculating date of mailing and type of mail.

Amendment to section 279.12 relating to parties receiving copies of state review officer decisions.

Amendment to section 279.13 relating to service of petition for review; clarification of effect of agreements to extend the time in which to initiate a review.

Addition of 279.14 authorizing the Office of State Review to return impartial hearing records to a local educational agency if a petition for review is withdrawn or is not perfected.

Addition of 279.15 relating to clarification of jurisdiction of a state review officer.

Addition of 279.16 relating to dismissal or rejection of a petition, other pleading or memorandum of law for failure to conform with the requirements of part 279, lack of jurisdiction, or vagueness of a paper filed with the Office of State Review.

Addition of 279.17 relating to authority of a state review officer to review a manifestation determination.

Addition of 279.18 relating to authority of a state review officer to refer matters involving enforcement or compliance with parts 200, 201, and 279 to the Office of Vocational and Educational Services for Individuals with Disabilities.

Addition of 279.19 relating to the right of a party to seek judicial review.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Paul F. Kelly

Assistant Counsel and State Review Officer

Office of State Review

80 Wolf Road, 2nd Floor

Albany New York 12203

(518) 485-9373

DIVISION OF AIR RESOURCES

6 NYCRR Part 200, General Provisions. Part 200 will be amended to incorporate the national emission standards for hazardous air pollutants (NESHAPS) adopted by the US EPA since July 1, 2007. Contact (NESHAPS): Edward Pellegrini, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254, Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when e-mailing.

6 NYCRR Part 201, Permits and Registrations. Part 201 contains the basic application and permitting requirements for the construction, operation and modification of air contamination sources within the state. It is expected that Part 201 will be revised in the coming year. The purpose of the revisions will be to improve implementation by removing outdated requirements, clarifying permitting and application requirements, including those dealing with exemptions and capping, adding and/or amending definitions, enhancing permit requirements for minor sources, and correcting typographical errors. In addition, Part 201 will be modified in connection with the Prevention of Significant Deterioration (PSD) and New Source Review (NSR) rulemaking (Part 231) to ensure consistency between the regulations. Contact: Michael Styk, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254, Telephone: 518-402-8403. E-mail: [email protected]. ny.us Please include the Part number when emailing.

6 NYCRR Part 202. The existing regulation will be amended to reinsert a provision which provides the authority to the Commissioner to suspend, revoke or deny a facility's authority to operate, in any case where the facility fails to comply with the requirement to submit an acceptable report of measured emissions within a stated time. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258, Telephone: 518-402-8401. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 205. Architectural and Industrial Maintenance (AIM) Coatings. The existing regulation will be updated to clarify some implementation issues that have arisen since it was adopted in 2003. This includes adding a category and VOC limit for driveway sealers and foundation coatings, removing the “most restrictive limit exception” for impacted immersion coatings, revising language to eliminate a loophole in the “default” limit provision, providing flexibility on labeling requirements for non-standard reusable containers, and revising the reporting requirements to include products that are sold out of state and sold in containers of one liter or less. Contact: Daniel S. Brinsko, P.E., NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 210, Emissions and Labeling Requirements for Personal Watercraft Engines. The existing regulation will be amended to adopt California emissions provisions and standards for spark-ignition marine engines including outboard, inboard and stern drive marine engines. Contact: Joseph Iannotti, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 211, General Prohibitions. This regulation will be amended to prohibit the use of cutback asphalt and to limit emulsified asphalts containing VOCs from May through September. Contact: Ken Newkirk, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. Email: [email protected] Please include the Part number when emailing.

6 NYCRR Part 212, General Process Emission Sources. The existing regulation will be amended to set forth a new procedure for evaluating and reducing community air toxic impacts from stationary sources of air pollution. Contact: Thomas Gentile, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233- 3259. Telephone: 518-402-8402. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 212, General Process Emission Sources. A new Subpart, Asphalt Paving Production, will be added to regulate NOx emissions and establish fuel sulfur limits for the production of asphalt paving. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 215, Open Fires. The existing rule will be amended to update and simplify definitions and extend the ban on open fires to all towns. There will be exemptions for small campfires and cooking fires, ceremonial fires, certain types of agricultural waster burning, petroleum-fueled smudge pots, fire training exercises, disposal of hazardous materials by police and prescribed burns (e.g. for forest protection). Contact: Greg LaBarge, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 217, Motor Vehicle Emissions. The existing regulation will be amended to include revisions to the heavy duty diesel vehicle I&M test procedures and to reflect the adoption of Part 248, allowing for retrofitted vehicles to be exempt from annual testing, and will be modified to include light duty diesel vehicles in OBD testing statewide. Contact: Anthony Tagliaferro, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. The existing regulation will be amended to incorporate revisions California has made to its emission control program; and to otherwise update various incorporation by reference citations included in the LEV program, to include California Warranty and Recall provisions, and to include emissions labels. The regulation will also be modified to adopt changes to the Zero Emission Vehicle requirements. Contact: Jeff Marshall, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 219, Incinerators. Subparts 219-1, 219-2, 219-3, 219-4, 219-5, 219-6, 219-7 and 219-8 will be updated as necessary to clarify the operator training and certification requirements. Language and terminology will be revised to clarify and update the regulatory requirements. Subparts 219-5 and 219-6 will be phased out and applicable sources will be regulated under Subparts 219-2, 219-3 and 219-4. Lastly, combustion gas temperature and other operational issues will be re-evaluated. Contact: Mark Lanzafame, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 220, Portland Cement Plants. Part 220 is being revised to require updated NOx RACT requirements for cement manufacturing and to add new NOx RACT requirements for Glass manufacturing. Part 220 is also being revised to include federal best available retrofit technology provisions for affected sources. Part 220 will be renamed and split into two Subparts: Portland Cement Plants, and Glass Manufacturing Plants. Contact: Rick Leone, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233- 3254. Telephone: 518-402-8403. Email: [email protected]. state.ny.us Please include the Part number when emailing.

6 NYCRR Part 222, Distributed Generation. This is a new regulation to establish emission standards for distributed generation. Contact: John Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Subpart 225-1 Fuel Composition and Use — Sulfur Limitations. The existing regulation will be modified to lower the sulfur content of distillate fuel oil for all stationary sources (including home heating) and stationary internal combustion engines. In addition to sulfur content, this regulation will be updated to conform with the requirements of 6 NYCRR Part 201 Permits and Registrations. Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Subpart 225-3 Fuel Composition and Use — Gasoline — the existing regulation will be amended to lower the maximum allowable summertime gasoline volatility as a control measure for complying with the federal 8 hour ozone National Ambient Air Quality Standards. Regulation of other gasoline properties that affect emissions of ozone precursors, and opting upstate counties into the federal reformulated gasoline program may also be considered. Contact: David Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany NY 12233-3255, Telephone: 518-402-8292, E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Subpart 227-2, NOx RACT. Subpart 227-2 is being revised to include new emission limitations for coal, oil and gas fired boilers at major facilities throughout the State. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8396. E-mail: [email protected] Please include the Subpart number when emailing.

6 NYCRR Subpart 227-3, Pre-2003 Nitrogen Oxides Emissions Budget And Allowance Program. The existing rule will be repealed as it has been superceded by Part 204. New Subpart 227-3 is being proposed to include NOx emission limitations at minor facilities. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Subpart number when emailing.

6 NYCRR Part 228, Surface Coating Processes. The existing rule will be amended to include new volatile organic compounds emissions standards for industrial adhesives and sealants. Contact: Edward Pellegrini, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 230, Gasoline Dispensing Sites and Transport Vehicles. The existing rule will be amended to update and clarify testing requirements for gasoline dispensing sites (gas stations). The regulation will also require prior notification to the department for each test. Contact: Denise Prunier, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 232, Dry Cleaning. The existing regulation that was adopted April 30, 1997 will be updated to provide for administrative streamlining. Contact: Stephen Johnson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 234, Graphic Arts. The existing rule will be amended to include revised volatile organic compounds emissions standards flexible packaging printing, offset lithographic printing and letterpress printing. These revisions are being made to comport with the Control Technique Guidelines developed by the US EPA and issued in September 2006. Contact: John Henkes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 235, Consumer Products. The existing regulation will be updated to implement additional Volatile Organic Compound (VOC) product content limits. Contact: Arthur Robinson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program, and 6 NYCRR Part 238, Acid Deposition SO2 Budget Trading Program. These rules will be repealed in 2008 if the federal Clean Air Interstate Rules survive the ongoing legal challenges and the Parts 243, 244 and 245 trading programs adopted in 2007 are unaffected. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 239, Portable Fuel Containers and Spouts. The existing regulation that was adopted October 4, 2002 will be updated to apply to kerosene cans and utility jugs in addition to traditional gas cans. Contact: Ona Papageorgiou, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 240, Determining Conformity of Transportation Plans, Programs and Projects — The existing regulation will be revised to address amendments to the Federal Transportation Conformity rule (69 FR 40004). Contact: Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 241, Determining Conformity of General Federal Actions to State Implementation Plans. This is a new regulation to require that general federal actions, other than transportation plans, programs and projects which are subject to Part 240, be evaluated for their conformance with the provisions of the State Implementation Plan to achieve and maintain ambient air quality standards, and to meet the requirements of the federal Clean Air Act. Contact: Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 242, CO2 Budget Trading Rule. This is to establish a new regulation that will form the New York State component of an interstate, regional CO2 emissions budget and allowance trading program that will apply to electric generating units with a capacity of at least 25 megawatts. Contact Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, Telephone: 518-402-8396. Email: [email protected] Please include the Part number when emailing.

6 NYCRR Parts 243, 244, and 245 — Clean Air Interstate Rule. These rules will be revised to include the new federal provisions that exclude energy input from biomass fuel in the efficiency calculation and expand the cogeneration exemption provisions. Parts 243 and 244 are also being revised to include provisions that would provide for the sale of all of the NOx allowances. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 247, Outdoor Wood-Fired Hydronic Heaters. This is a new regulation to establish siting and stack height criteria and emission standards for outdoor wood-fired hydronic heat systems. Contact: John Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 248, Use of Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Diesel Vehicles. This regulation will be proposed to implement the Diesel Emissions Reduction Act of 2006, establishing requirements for diesel vehicles owned or operated by or on behalf of State Authorities and Agencies. Contact: Joseph Iannotti, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8292. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 249, Requirements for Stationary Sources Subject to Case-by-Case Best Available Retrofit Technology (BART) Determinations. This is a new rule intended to require “eligible sources” to conduct a BART analyses and implement any necessary retrofit controls. BART is one of the control strategies intended to reduce the emissions of visibility-impairing pollutants as a part of the Regional Haze SIP effort. Contact: Scott Griffin, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected] Please include the Part number when emailing.

DIVISION OF ENVIRONMENTAL PERMITS

6 NYCRR, Part 617, State Environmental Quality Review Act (SEQR).

The Division of Environmental Permits proposes to amend this Part to: make changes to the Environmental Assessment Forms (EAFs); enable electronic submission and dissemination of environmental impact statements. The EAFs are “model” forms, which are used by almost all state and local agencies in the conduct of an environmental review under SEQR, appear as appendices to Part 617. Experience has shown that the forms have provided good service, but they could be improved by updating some topic areas, clarifying instructions, and addressing newly-emerging issues. In particular, the forms need to be revised to provide a better basis for addressing administrative actions such as land use planning and the promulgation of regulations. Additionally, some of the information critical to making a proper environmental analysis of a physical project could be better organized. Questions need to be added to these forms to address emerging issues such as economic development zones, quality communities, environmental justice and climate change. Also, the proposed amendment will revise the forms to eliminate the need for a separate form for a determination of significance. Electronic submission of EISs will enable broader dissemination of EISs than is possible by hard copy. Further, enabling electronic submission would allow all lead agencies to more readily meet the new demands of Chapter 641 of the Laws of 2005, “EIS on the Web”. In addition, the Department may include general revisions, updates or minor corrections. Contact: Betty Ann Hughes, NYS Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany NY 12233-1750. Telephone: 518-402-9158. E-mail: [email protected]

6 NYCRR Part 638, Green Building Tax Credit (GBTC) The Division of Environmental Permits proposes to amend 6 NYCRR Part 638 to update the green building tax credit regulations: Legislated changes — the Budget Bill of 2005 modified the existing GBTC legislation and added an additional $25 million in credits to be given out through 2016, existing regulations will be modified to reflect any changes per this legislation.

Other changes will include:

– updates to make the regulations consistent with the 2002 NYS Energy Construction Conservation Code;

– updates to make the regulations consistent with the 2003 NYS Uniform Fire Protection and Building Code;

– clarification of the language regarding carbon monoxide alarms;

– eligibility for the refrigerant tax credit component for refrigeration equipment that uses refrigerants that is based upon language from the United States Green Building Council LEED Green Building Rating System for New Construction & Major Renovations (LEED®-NC) Version 2.2, Energy & Atmosphere Credit 4: Refrigerant Selection.

– other changes as DEC deems necessary. Contact: Dennis J. Lucia, Division of Environmental Permits, 4th Floor, 625 Broadway, Albany, NY 12233-1750. Phone (518) 402-9469. E-mail: [email protected]

DIVISION OF ENVIRONMENTAL REMEDIATION

6 NYCRR Parts 612, 613, and 614 — Petroleum Bulk Storage Regulation. The Department proposes to amend Parts 612, 613, 614 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations) and comply with the federal Energy Policy Act of 2005 (aka federal Underground Storage Tank Compliance Act of 2005), which amends Subtitle I of the Resource Conservation and Recovery Act; (2) make explicit certain enforcement authority of the Department to prevent contamination of surface and ground waters, public drinking water supplies, and natural resources by petroleum bulk storage (PBS) facilities; and (3) improve the consistency and clarity of language directing the administration of the PBS program. Equivalency with 40 CFR Part 280 is needed in order for the State to receive delegation and to be able to apply the requirements of the regulations to the same universe of tanks as the United States Environmental Protection Agency. Contact: Russ Brauksieck, NYSDEC, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7020. Telephone: 518-402-9543. E-mail: [email protected].

6 NYCRR Parts 595, 596, 597, 598, and 599 — Chemical Bulk Storage Regulation. The Department proposes to amend Parts 595-599 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations) and comply with the federal Energy Policy Act of 2005 (aka federal Underground Storage Tank Compliance Act of 2005), which amends Subtitle I of the Resource Conservation and Recovery Act; (2) make explicit certain enforcement authority of the Department to prevent contamination of surface and ground waters, public drinking water supplies, and natural resources by chemical bulk storage (CBS) facilities; and (3) improve the consistency and clarity of language directing the administration of the CBS program. Equivalency with 40 CFR Part 280 is needed in order for the State to receive delegation and to be able to apply the requirements of the regulations to the same universe of tanks as the United States Environmental Protection Agency. Contact: Russ Brauksieck, NYSDEC, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7020. Telephone: 518-402-9543. E-mail: [email protected]

6 NYCRR Part 570, Permitting of Liquefied Natural Gas (LNG) Facilities. The Department proposes to develop and promulgate regulations covering the safe siting and operation of LNG facilities, and recommends incorporation by reference of existing nationally recognized standards (National Fire Prevention Association, NFPA 57, 59A). Contact: Russ Brauksieck, NYS Department of Environmental Conservation, 625 Broadway, 11th Floor, Albany, NY 12233-7020. Telephone: 518-402-9543. E-mail: [email protected]

DIVISION OF FISH, WILDLIFE AND MARINE RESOURCES

6 NYCRR Part 2 — Migratory game birds. Amendment of this regulation is necessary to conform with federal regulations for hunting migratory game birds. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: [email protected]

6 NYCRR Part 6 — Beaver and otter trapping seasons and bag limits. Amendment of this regulation is necessary to provide appropriate seasons and bag limits for the management of these species. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. Email: [email protected]

6 NYCRR Part 6 — General regulations for trapping beaver, otter, mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten. Amendment of this regulation is necessary to improve and update trapping regulations. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. Email: [email protected]

6 NYCRR Part 10 — Sportfishing Regulations. Amendments to regulations pertaining to the management of diadromous fishes in the Hudson and Delaware Rivers to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Changes to the regulations to comply with the requirements of Environmental Conservation Law regarding the management of Anadromous species. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]

6 NYCRR Part 10 — Recreational Fishing. Amendments to regulations pertaining to the management of freshwater sportfish including appropriate adjustments to seasons, creel limits, and size limits. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8924. E-mail: sxkeeler@gw. dec.state.ny.us

6 NYCRR Part 11 — Hudson River Commercial Fishing.

Amendments to regulations pertaining to the management of Diadromous fishes in the Hudson River in order to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Changes to the regulations to comply with the requirements of Environmental Conservation Law regarding the management of Anadromous species. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]

6 NYCRR Part 35 — Licenses. Establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. Establish regulations setting up a commercial eel permit with reporting requirements state-wide (Parts 40 and 35). Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]

6 NYCRR Part 40 — Marine Fish. Amend regulations pertaining to the management of marine and diadromous fishes to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Make changes to the regulations to comply with the requirements of Environmental Conservation Law regarding permits, permit fees and management of marine and anadromous species. Make changes to the regulations related to reporting, requiring foodfish license holders to complete Vessel Trip Reports at the time and point of landing. Make changes to the regulations creating a definition for Proof of Residency and establishing the requirement for providing such proof of residency when obtaining marine license and permits. Make changes to the regulations to prohibit the possession of fish when tending lobster gear within 500 feet of an artificial reef. Make changes to the regulations governing traps or pots related to escape vents, panels, marking and location restrictions to achieve consistency among gear types. Make changes in the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits with an acceptable substitute for 50% of earned income and tax records. Make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. Establish a marine license apprenticeship program. Change the regulations to make reporting requirement language consistent for managed marine species. Establish regulations setting up a commercial eel permit with reporting requirements state-wide. Change the regulations to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. Make changes to the tautog regulations to comply with pending Amendment IV to the Tautog Fishery Management Plan and combat illegal commercialization. Make changes to the shipping, labeling and packing requirements to require harvester's Fishing Vessel Trip Report numbers on labels for quota managed species. Make changes to clarify provision for records retention by food fish shippers and dealers. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, make changes in the classification of shellfish lands to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified. Designation of shellfish lands that meet criteria as certified for the taking of shellfish. Contact: William Hastback, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0475. E-mail: [email protected]

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. Amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of Fishery Management Plans adopted by the department. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. Contact: Maureen Davidson, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0496. E-mail: [email protected]

6 NYCRR Part 44 — Crustaceans. Amend regulations pertaining to the management of lobsters and crabs, including horseshoe crabs, consistent with any Fishery Management Plans developed for the species, to maintain the health of such species, and to prevent the introduction of exotic crustacean species. Make changes to regulations to comply with requirements of Environmental Conservation Law related to reporting, licensing, permitting and management of such species. Add new regulations placing a time limit on unattended gear. Add new regulations establishing areas and seasons for dredging for crabs. Add new regulations establishing limited entry for the horseshoe crab fishery, a fee for permits, elimination of the by-catch and recreational possession provisions, and establishing a system for verifying landings data. Amend the regulations to make reporting requirement language consistent with that in Part 40. Amend the regulatory definition of V-notch. Add new regulations to provide for endorsement of crab permits to vessels, consistent with lobster permit provisions. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0435. E-mail: [email protected]

6 NYCRR Part 49, Shellfish Management. Adopt regulations for the management of hard clams, soft or steamer clams and razor clams as provided for in recently enacted legislation (Chapter 394, Laws of 2006). The management measures include provision for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: [email protected]

6 NYCRR Part 49, Shellfish Management. Adopt regulations to address the requirement of ECL Section 13-0325 that requires the culling of clams when taken. Contact: Maureen Davidson, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0496. E-mail: [email protected]

6 NYCRR Part 182, Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern. Amend regulation to address the requirements of ECL Section 11-0535, which establishes protection for both federally listed and state listed species. Contact: Daniel Rosenblatt, New York State Department of Environmental Conservation, Bureau of Wildlife, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8884. E-mail: [email protected].

6 NYCRR Part 187 — Miscellaneous black bear regulations.

Amendment of this regulation is necessary to protect public health and safety by prohibiting feeding of black bears, and to provide for the training of hounds used to control black bear damage to farms. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: [email protected]

6 NYCRR Part 663 — Freshwater Wetlands Permit Requirements Regulations — This rulemaking will update the procedural requirements for various activities, clarifying whether they are exempt or jurisdictional under Freshwater Wetlands Act, and the level of compatibility those activities have for permit standards. Changes will also include additional clarification regarding the permit standards and compensatory mitigation. These changes are needed to update the regulation, which has been virtually unchanged in over 25 years. Contact: Steve Sanford, NYSDEC, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8997. E-mail: [email protected]

6 NYCRR Part 664 — Freshwater Wetlands Mapping and Classification Regulations — This rulemaking will make changes to how wetlands are mapped and classified, to reflect greater understanding of the science of wetlands and of the state's resources, and to update this rule, which is over 25 years old. In addition, there will be changes to facilitate more efficient map amendments where errors are detected on the maps. Contact: Steve Sanford, NYSDEC, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8997. E-mail: [email protected]

OFFICE OF HEARINGS AND MEDIATION SERVICES

6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. The Office of Hearings and Mediation Services proposes to clarify procedures governing default procedures and motions for order without hearing, and make various typographical, technical and related corrections throughout. Contact: James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. E-mail, [email protected]

6 NYCRR Part 624, Permit Hearing Procedures. The Office of Hearings and Mediation Services proposes to amend the procedures governing appeals of administrative law judge rulings, clarify the procedures governing motion practice, establish procedures governing trade secrets and other confidential information in adjudicatory hearings, revise certain definitions and make various typographical, technical and related corrections. Contact: Louis A. Alexander, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 14th Floor, Albany, New York 12233-1010. E-mail, [email protected]

6 NYCRR Part 620, Procedures for Issuance of Summary Abatement Orders. The Office of Hearings and Mediation Services proposes to amend the regulations governing administrative hearings on summary abatement orders to make technical clarifications. Contact: James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. E-mail, [email protected]

DIVISION OF LANDS AND FORESTS

6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Dix Mountain Wilderness Area from overuse by applying restrictions to camping and rock climbing. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. E-mail [email protected] Telephone: (518) 473-9518.

6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Giant Mountain Wilderness Area from overuse by applying restrictions to camping. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. E-mail [email protected] Telephone: (518) 473-9518.

6 NYCRR Part 190, Use of State Lands. Amend Section 190.0 (10) by adding Indian Lake Islands administrative camping area to the list of facilities covered by the regulations. A new section 190.7(21)(g) will also be added to provide DEC with the legal authority to enforce campground rules which include requiring all campers to register, limiting the number of people per site and the length of stay, establishing quiet hours and prohibiting the discharge of firearms. In addition, a new Subdivision will be added to 6NYCRR 190.13 to protect the natural resources in the Siamese Ponds Wilderness Area from overuse by applying restrictions to camping. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. E-mail [email protected] Telephone: (518) 473-9518.

6 NYCRR Part 190, Use of State Lands. Adoption of new Section 190.14, Prohibition of Motorized Equipment on Wilderness, Primitive and Canoe areas. These regulations will prohibit the use of motorized equipment in wilderness areas in the Adirondack and Catskill forest preserve, with certain exceptions. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254 E-mail, [email protected] Telephone: (518) 473-9518.

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels and Aircraft in the Forest Preserve. Amend Section 196.7, Operation of Bicycles in the Adirondack Forest Preserve. This regulation will implement Adirondack Park State Land Master Plan guidelines for bicycle use. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254 E-mail, [email protected] Telephone: (518) 473-9518.

6 NYCRR Part 196, Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve. Adopt a new section to 6 NYCRR Part 196 to limit boat use to electric motors and motorless craft on Thirteenth Lake. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254 E-mail, [email protected] Telephone: (518) 473-9518.

6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.15, Public Use of Camp Santononi Historic Area. These regulations will protect historic structures and the landscape of the Camp Santononi Historic Area through management of public use. Contact: Charles Vandrei, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255 E-Mail, [email protected] Telephone: (518) 402-9428.

6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.36, Submerged Heritage Preserves in Lake George and Lake Champlain. These regulations are needed to protect underwater resources, such as shipwrecks and other submerged archaeological sites that are of recreational, aesthetic, and educational value, as well as regulate access to these sites, and create safe diving conditions. Contact: Charles Vandrei, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255 E-Mail, [email protected] Telephone: (518) 402-9428.

6 NYCRR Part 190, Conservation Easements. Amendment of 6 NYCRR section 190.12, East Branch of Fish Creek. These regulations will control public use to be in compliance with the terms of the conservation easement. Contact: Frank Dunstan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255 E-Mail, [email protected]

6 NYCRR Part 190, Use of State Lands. Adopt a new section to 6 NYCRR Part 190 to Facilitate the Management of the Otter Creek Trail System Assembly Area. These regulations will be used to effectively manage this area. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: [email protected] Telephone: (518)402-9428.

6 NYCRR Part 190, Use of State Lands. Adopt a new section 190.34, Use of Stewart State Forest. These regulations will implement the following on the Stewart State Forest: restrict public access during big game hunting season; prohibit public motor vehicle use after dark during the big game hunting season; prohibit camping except by permit; prohibit campfires except at designated campsites; prohibit public use of all-terrain vehicles; restrict public motor vehicle speeds to 15 mph; prohibit possession of pistols, revolvers and rifles; prohibit the use of gasoline-powered motors on all ponds. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: [email protected] Telephone (518) 402-9428.

6 NYCRR Part 190, Use of State Lands. Amend Section 190.8 to add regulatory provisions to protect natural resources, enhance public safety and to more clearly define Department management authority. Proposed regulations include provisions relating to the Department's authority to close certain roads, trails and/or other areas in regard to certain public uses to protect public safety or natural resources, prohibit gas powered motors on water bodies as identified on a list, to provide for the closure of certain trails on State forests to bicycle use, to restrict the use of snowmobiles to Department designated roads and trails; and, to prohibit the storage or abandonment of personal property on State lands. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: [email protected] Telephone (518)402-9428.

6 NYCRR Part 190, Use of State Lands. Adoption of a new section 190.10(d), Salmon River Falls Unique Area. These regulations are needed for the purpose of public protection. They will prohibit public use of the area from dusk to dawn, seasonally close the gorge trail, and prohibit hunting from this 112 acre parcel. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: [email protected] Telephone: (518) 402-9428.

6 NYCRR Part 190, Use of State Lands. Adoption of a new section 190.10(e), Henderson Shores Unique Area. These regulations are needed to control public use to prevent overuse and inappropriate use of state lands. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: [email protected] Telephone: (518) 402-9428.

6 NYCRR Part 194, Forest Practices. Amend Section 194.3 and adopt a new Section 194.4. These regulations will formalize existing guidelines for prescribed fire management activities. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: [email protected] Telephone: (518) 402-9428.

6 NYCRR Part 190, Zoar Valley Multiple Use Area. Amend Section 190.25 to provide for public safety and enhance passive recreational use as proposed in the recently adopted unit management plan. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: [email protected] Telephone: (518) 402-9428

6 NYCRR, Forest Insect and Disease Control. Adopt a new Section 192.4, Restriction of Firewood Importation. These regulations may be necessary to reduce the risk of transporting introduced or native forest pests in firewood. Many of the expanding infestations of introduced and native forest pests have been exacerbated by the unregulated movement of firewood. In particular, regulations restricting or defining the importation and use patterns for firewood in campsites on State land may be necessary to monitor and restrict the movement of several invasive pests currently residing in forests outside New York. Contact: Bruce Williamson, NYS Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253. E-mail: [email protected] Telephone: (518) 402-9425

6 NYCRR Part 193, Trees and Plants. Amend Section 193.3, Protected Native Plants. These regulations are needed to update the current list by adding, deleting, re-naming and/or re-categorizing several listed plant species in accordance with more up-to-date taxonomy and knowledge of the population status of rare plants in the State. Contact: Jason Denham, NYS Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253. E-mail, [email protected] Telephone: (518) 402-9425.

6 NYCRR Part 590, Payment of Expenses Upon Acquisition of Real Property. Amend Part 590 to conform to the amended Federal Uniform Relocation Assistance and Real Property Acquisition regulation for federal and federally assisted programs. This amendment will affect landowners forced to relocate because of acquisition of their properties for Department programs. Contact: John Keating, NYS Department of Environmental Conservation, Bureau of Real Property, 625 Broadway, Albany, NY 12233-4256. E-mail, [email protected] Telephone: (518) 402-9442.

DIVISION OF SOLID AND HAZARDOUS MATERIALS

6 NYCRR, Parts 320, 325, and 326 — Pesticide Residue Removal Requirements — This rulemaking amends State pesticides management regulations to include federal requirements regarding removal of residues from pesticides containers prior to disposal or refilling, promulgated in the federal Pesticides Container and Containment Rule (40 CFR Parts 156 and 165) published in the August 16, 2006 Federal Register. These residue removal standards are intended to minimize human exposure to pesticides during container handling and facilitate appropriate container disposal and refilling. Contact: Mary A. Roy, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8781. E-mail: [email protected]

6 NYCRR Part 360 — Solid Waste Management Facilities — This rulemaking will include technical amendments, clarifications, as well as legal and policy developments. Changes to all portions of the Part 360 series are expected, including Parts 364 and 369. The rulemaking will also incorporate solid waste management activities or waste streams that are not currently addressed within Part 360, including automobile dismantlers, dredge materials, biohazard incident waste, and flowable fill. The information contained in the current Part 360 will be subdivided into different parts to better organize solid waste topics, and will make future revisions to specific topics less burdensome. Contact: Melissa Treers, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8678. E-mail: [email protected]

6 NYCRR Part 360 or 370 series — Labeling of Mercury-Added Consumer Products. These regulations will implement Section 27-2103 of the Environmental Conservation Law, adopted by the State Legislature pursuant to Chapter 145, Laws of 2004. The law requires that mercury-added consumer products sold or offered for sale in this State by a distributor or retailer shall be labeled by the manufacturer for mercury content and proper disposal. Contact: Christine Barnes, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8705. E-mail: [email protected]

6 NYCRR Part 360 or 370 series — Management of Used Electronics. These regulations will adopt changes to the federal hazardous waste regulations concerning cathode ray tubes, incorporate solid waste management activities for used electronics that are not currently addressed within Part 360, and implement the Title 23 of the Environmental Conservation Law, Wireless Telephone Recycling Act, by providing appropriate standards for collection of wireless telephones. Contact: Michelle Ching, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7251. Telephone: 518-402-8633. E-mail: [email protected]

6 NYCRR Parts 370 and 372 — Performance Track Rule — This rulemaking will amend Parts 370 and 372 of the hazardous waste management regulations to incorporate federal changes that allow members who belong to both USEPA's National Environmental Performance Track (NEPT) and the New York Environmental Leaders (NYEL) program to increase the amount of time they can store hazardous waste. The rulemaking will be proposed once the NYEL program is established. Contact: Paul Counterman, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7251. Telephone: 518-402-8612. E-mail: [email protected]

6 NYCRR Part 380 Series — Radioactive Materials Regulations —This rulemaking will amend the Part 380 series radioactive materials regulations to incorporate federal changes from nine federal rules published from August 16, 1991 through September 21, 1998, including the NRC's license termination rule. In addition, several corrections and revisions not related to the federal rules will be done including: clarifying the regulations in a number of areas such as standards for issuance of a Part 380 permit and language in the variance provision, elimination of redundant provisions, and deletion of obsolete provisions. Contact: Barbara Youngberg, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7258. Telephone: 518-402-8579. E-mail: [email protected]

DIVISION OF WATER

6 NYCRR Parts 608, 621 and 673 will be amended to implement Chapter 364, Laws of 1999, to expressly require all owners of dams — whether or not subject to DEC permit under ECL Section 15-0503 — to operate and maintain such structures in a safe condition.

These regulations will set forth a dam safety program based on the requirements of Chapter 362. Chapter 364 provides relief from permitting requirements for the construction and repair of small dams while updating, clarifying and strengthening New York State regulations regarding dams and structures which impound waters, and shifts the Department of Environmental Conservation's focus and resources from the permitting of small dams, which pose negligible safety risks, to the proper maintenance, repair, and emergency planning for dams which pose greater risks to public safety.

Part 608 (Use and Protection of Waters) will be amended to make changes to permit application procedures and requirements for the construction or alteration of dams and impoundment structures, as well as permit application review by DEC Staff. Part 621 (Uniform Procedures) will be amended to eliminate “minor” dam projects.

Part 673 (Dam Safety Regulations) will be amended to be consistent with the Chapter 364 regarding dam owner responsibilities and Department oversight, including provisions for mandatory operation and maintenance plans, mandatory emergency action plans for high hazard and intermediate hazard dams, financial security conditions for high hazards dams, and mandatory inspection requirements for high hazard and intermediate hazard dams. The revisions will also include mandatory penalties for failure to file the plans, failure to enact the plans, or falsification of records required under the plans. Contact: Kenneth Markussen, Bureau Director, Bureau of Flood Protection and Dam Safety, Division of Water, 625 Broadway, Albany, NY 12233-3504. Telephone: 518-402-8185. E-mail: [email protected]

6 NYCRR Part 485 — SPDES Program Fees — The SPDES program fees were changed in 2004 through amendments to the ECL Part 72-0602. The associated regulations in Part 485 have not been promulgated so as to be consistent. Contact: Al Fuchs, Acting Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-9029. E-mail: [email protected]

6 NYCRR Part 750 — State Pollutant Discharge Elimination System (SPDES) Permits — A five year review of Part 750 has resulted in a number of minor revisions being necessary to correct typographical errors, and update references. In addition, minor revisions are necessary to incorporate new federal criteria and standards. Contact: Al Fuchs, Acting Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-9029. E-mail: [email protected]

6 NYCRR Part 649 — Clean Water State Revolving Fund — Revise Part 649 to add a linked deposit program and revised project selection criteria. Contact: Shayne Mitchell, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8125. E-mail: [email protected]

The New York State Department of Environmental Conservation maintains an updated regulatory agenda on its website at http://www.dec.ny.gov/regulations/36816.html

The following regulatory actions are under consideration for submission as a Notice of Proposed Rulemaking during the calendar year January 2008:

DESCRIPTION OF THE RULE SUBJECT MATTER Title 10 NYCRR (Health)

(New Regulatory Section to Be Identified) Office-Based Surgery — Add regulations to implement new law which requires physician practices that perform office-based surgery (OBS) within their practices to become accredited by a nationally-recognized accredited agency, as determined by the Commissioner. Physicians, physician assistants and specialist assistants must also report adverse events occurring as a result of an OBS procedure to the Department's Patient Safety Center.

2.1 and 2.5 Communicable Diseases — Revise the list of reportable diseases in 10NYCRR, section 2.1 to be consistent with those listed in section 2.5 (list of diseases for which physicians have a duty to submit specimens).

2.14 Communicable Diseases — Rabies regulations will be updated to be consistent with changes enacted to the Public Health Law in December 2002. The regulations will provide new definitions, and clarification of requirements for reporting, authorization of treatment, release of information, confinement and observation, exceptions to euthanasia and testing, and animal vaccinations.

2.19 Reporting Cases or Suspect Cases of Communicable Disease by Laboratories -Utilization of the Electronic Clinical Laboratory Reporting System (ECLRS) by laboratories to meet their public health reporting requirements for Communicable Disease reporting.

2.58 Communicable Diseases — Update regulation to extend to all reptiles rather than being limited to turtles, to reflect current understanding of potential sources of disease. Revise regulation to include a requirement for pet shops to provide written warnings at the point of sale. Amend to specify warnings posted at display sites where reptiles are not for sale but may be handled by the public.

5-1 Public Water Systems — Amend to incorporate mandatory federal regulations to improve control of microbial pathogens (LT2ESWTR) while limiting risks associated with the formation of and exposure to dis-infection byproducts (Stage 2 D/DBP); revising the provisions applicable to variances and exceptions; updating provisions pertaining to control of lead and copper in public water supply systems; and updating and clarifying specific code references.

5-1 Public Water Systems — Amend to incorporate mandatory federal regulations to protect against microbial pathogens in drinking water from ground water sources.

5-6 Bottled and Bulk Water Standards — Update and modify drinking water maximum contaminant levels.

7-1 Temporary Residences — Amend to remove campground specific requirements contained in 7-1.60, which are now contained in a separate Subpart 7-3. Amend and update fire safety requirements to reflect statewide applicability of the Uniform Fire Prevention and Building Code to new construction.

7-2 Children's Camp — 7-2 Children's Camp — Amend Camp Aquatic Director and Camp Health Director qualifications; incorporate PHL requirements for screening of camp employees through the State Sex Offender Registry, and for supplying parents with meningoccal meningitis information; include reflective triangles as an acceptable alternative to flares.

7-4 Mass Gatherings — Create new Subpart to include the provisions for mass gatherings currently included as part of Subpart 7-1. Revise various sections to better address crowd control, camping and installation and maintenance of services and facilities.

14-1, 14-2, 14-4, 14-5 Food Protection — Modify requirements and create a more user-friendly document; exempt certain operators and rescind certain provisions, address legislative mandates regarding food worker training courses and certification.

16 Ionizing Radiation — Add/amend requirements for standards for decommissioning, reporting, transportation, definitions and human research to be compatible with federal regulations and replace outdated requirements. Clarify the requirements for reporting of misadministra-tions. Revise reporting requirements to be consistent with NYPORTS. Update quality assurance requirements. Consolidate Part 16 with Code Rule 38.

19 Limited Testing Site Directors — Establish qualifications for directors of clinical laboratories that limit their services to CLIA-designated waived tests and provider-performed microscopic procedures; establish qualifications for directors of clinical laboratories that limit forensic toxicology services to use of Department-waived initial testing methods; and revise qualifications for directors of comprehensive clinical laboratories to recognize professional boards accepted as qualifying under the federal Clinical Laboratory Improvement Amendments (CLIA).

22.7 Reportable levels of heavy metals in blood and urine — Amend to remove the threshold levels for reporting cadmium, mercury and arsenic. All laboratory tests for cadmium, mercury and arsenic will be submitted and will enable us to follow cases and assist in assessing interventions and education to reduce elevated exposures.

22.11 Reporting of pesticide poisoning — Amend to incorporate Poison Control Centers as a reporting entity to assist in identifying and intervening in pesticide poisoning cases who do not go to an emergency department or a physician.

34 Health Care Practitioner Referrals and Laboratory Business Practices — Technical amendments to align with federal compensation arrangement exceptions.

43-2 AIDS Drug Assistance Program — Certain provisions of NYCRR Title 10 Subpart 43-2 of the NYS Public Health Law, known as the AIDS Drug Assistance Program do not address the expansion of the Program to the HIV Uninsured Care Programs. These provisions were last updated in 1991. A proposal is being developed by the Department to amend Subpart 43-2 to: 1) address the interrelated components of the HIV Uninsured Care Programs (ADAP, ADAP Plus, Home Care and ADAP Plus Insurance Continuation) 2) tie income eligibility requirements to Federal Poverty Levels 3) eliminate the inclusion of federally recognized retirement accounts as a viable resource for access to ongoing health care.

44 State Aid for Approved Vector Surveillance and Control Programs — State aid regulations will be updated to be consistent with changes enacted to Public Health Law in January 2007. The regulations will provide new and updated definitions, add new vector borne diseases, and clarify eligible local health department activities for arthropod-borne disease surveillance, control and prevention.

52 Tissue Banks and Nontransplant Anatomic Banks — Revise requirements for procurement of tissue from deceased donors, including setting restrictions on banks' ownership and business relationships with funeral directors and funeral firms, and limiting recovery of tissue to hospitals and appropriately licensed banks.

53 State Revolving Fund Scoring Criteria — Revise scoring criteria to 1) promote projects intended to improve PWS security against terrorism/vandalism; 2) provide greater flexibility to the hardship eligibility criteria for disadvantaged public water systems.

55-2 Environmental Laboratories — Technical revisions to ELAP standards to ensure consistency, where applicable, with national consensus standards promulgated by NELAC.

57 Rabies — Remove obsolete administrative requirements for dogs at large in rabies designated areas, and replace with regulations to clarify administrative issues for reporting, cost responsibility, and reimbursement of rabies expenses.

58-1 Clinical Laboratories — Revise laboratory personnel requirements in light of licensure requirements under the NYS Education Department's Clinical Laboratory Technology Practice Act; consolidate existing requirements for clarity; codify Quality Systems, PT and other requirements as necessary to align with federal CLIA standards; redefine director to include sole CQ holder; establish standards for tracking and referral of critical agent and communicable disease specimens; establish standards for laboratory verification of technical and clinical validity of analytical methods; establish requirements and record keeping standards for laboratories that limit their services to CLIA-designated waived tests and provider-performed microscopic procedures; and establish standards for multiple-site permits.

58-2 Blood Banks — Revise transfusion personnel requirements to permit certified paramedics, emergency medical technicians, and critical care technician with additional training, to monitor transfusions during inter-facility transport and to initiate additional units ordered by a physician; amend technical language, standard operating procedure requirements, and requirements for visual inspection of plasma derivatives; modify requirements for release of autologous blood that tests positive for an infectious disease marker; and amend regulations to provide flexibility for emergency transfusions and collection of components by apheresis equipment using FDA-approved procedures.

58-4 Direct Access Testing — Establish record keeping and reporting standards for direct access testing, a business model for clinical laboratories authorized by PHL Article V.

59 Chemical Analyses Of Blood, Urine, Breath Or Saliva For Alcoholic Content — Revise technical amendments to provisions for breath alcohol testing to simplify enforcement of Vehicle and Traffic Law; codify list of approved ignition interlock devices and delete references to expired pilot program; and codify NHTSA model specifications for device certification.

66-1.2 Statewide Immunization Registry — Create regulations for implementation of PHL 2168, which establishes a statewide immunization registry with mandatory reporting of all vaccinations given to anyone under the age of 19 years. Regulations will describe the mechanisms that will allow health care providers to submit information to the registry, including the establishment of the necessary accounts and passwords, etc. The methods for accessing information about individuals already in the registry will also be described.

66-1.1 thru 66-1.10 and 66-2.1 through 66-2.9 Immunization -Update regulations to be consistent with changes enacted to the Public Health Law. The regulations will add pertussis, tetanus and pneumococcal disease to the list of required pre-school immunizations and also address the requirement that children receive a booster for varicella and tetanus, diphtheria and pertussis, by the time they enter sixth grade.

Various regulatory changes are also proposed to update immunization recommendations to reflect current recommendations. The proposed changes include the requirement of a second dose of varicella and mumps vaccine. Language will also be added to clarify medical exemptions and annual school immunization survey requirements, and change physician diagnosis standards for measles and mumps to reflect the rarity of these diseases.

67-2 Lead Poisoning Control — Revise and update regulation to be consistent with federal regulations and guidelines on environmental assessment and abatement.

67-4 Lead and cadmium levels in children's jewelry — Establish the maximum allowable quantity of lead and cadmium in children's jewelry that is manufactured, distributed or sold in New York State.

67-5 Lead and cadmium levels in children's consumer products -Establish the maximum allowable quantity of lead and cadmium in products sold for children's use that are manufactured, distributed or sold in New York State.

69-4 Early Intervention Program — Amend regulations to be consistent with changes to the Public Health Law. Conforming regulations will address new requirements related to transition procedures for children aging-out of the Early Intervention Program; procedures for IFSP amendments; collection of insurance information and social security numbers from parents for eligible children; establishment of standards for evaluators, service coordinators, and providers of early intervention services; approval and periodic re-approval of evaluators, service coordinators, and providers of early intervention services who meet Department standards; Department auditing procedures; and, fiscal management and claiming standards.

69-4 Early Intervention Program — Establish standards for behavioral aides, approval of providers, and paraprofessional reimbursement rates for delivery of intensive behavioral intervention services to children with autism spectrum disorders.

69-4 Early Intervention Program — Amend regulations to include or clarify programmatic and reimbursement requirements for the program, including at a minimum the following: criteria for eligibility and ongoing eligibility; criteria and procedures for sanctioning and disqualification of evaluators, service coordinators, and providers of early intervention services; health and safety standards to be maintained by service providers; requirements for documentation of records and record retention; mediation and impartial hearing procedures; service taxonomy definitions; and, billing rules for early intervention services. 69-4 Early Intervention Program — Amend regulations to establish Department fees for processing and approving applications from agencies and individual practitioners who are seeking State approval or re-approval to participate as providers in the State the Early Intervention Program (evaluations, service coordination services, and general/therapeutic and support services).

69-4 Early Intervention Program — Amend regulations to conform current state regulations to final federal regulations under the Individuals with Disabilities Education Improvement Act of 2004, when issued (a notice of proposed rulemaking was issued on May 9, 2007, by the U.S. Department of Education).

69-4 Early Intervention Services — Include a reimbursement methodology for paraprofessionals that deliver behavioral therapies to children with autism.

72-1 Tanning Facilities — Amend regulations to be consistent with previously and recently enacted changes to Public Health Law Article 35-A regarding Ultraviolet Tanning Devices. The regulations will provide definitions and requirements for permit, inspection and operation of tanning facilities.

73 Asbestos Safety Training Program Requirements — Amend regulations to incorporate changes made by the New York State Department of Labor to Code Rule 56 and changes in the industry to reflect training practices.

74 Approval of Realty Subdivisions — Revise/update standards for realty subdivision design and plan approval.

75A Wastewater Appendix Treatment Standards — Individual Household Systems — Revise/update design standards to address clarification and new technology.

Appendix 75C Individual Water Well Quality Standards — Establish water quality reference standards for individual household wells.

77 Funeral Establishments, Registrations, Funeral Directing, and Misconduct -Amend regulations to prohibit the recovery of tissue within a funeral establishment and not allow non-transplant anatomical banks to operate within such establishments or the requesting of consent for an anatomical donation by a funeral director or employees of a funeral firm.

77.3 Registered Residents — Amend regulations regarding responsibilities of sponsor.

80 Controlled Substances — Amend regulation to authorize the use of ketamine hydrochloride and sodium pentobarbital in a schedule II formulation for euthanasia in an animal shelter. The regulations will also be amended to require pharmacies to submit information to the Department indicating method of payment for a controlled substance prescription and whether the prescription was dispensed as an original or as a refill. The regulations will also be amended to require licensed distributors of controlled substances to submit information on controlled substances supplied to DEA registrants. Amendments to the regulations will also provide practitioners with increased flexibility to prescribe controlled substances to treat chronic pain in conditions other than diseases.

86-1 Hospital Outlier Payments — Costs to Charge Ratio used in the calculation of the cost outlier payments will be updated to the actual rate year ratio to more accurately calculate these payments. This is based upon a Federal Office of the Inspector General Audit recommendation. 86-1 Hospital Reimbursement — Update the All Patient Diagnostic Related Groups (AP-DRGs) patient classification system that will be used for 2008 inpatient hospital rates. Revise 2008 Service Intensity Weights, Trimpoints, and Average Lengths of Stay.

86-1 Regional Poison Control Centers — Eliminate language that allows undistributed funds to roll forward into the subsequent year's distributions.

86-2 Updating Criteria for Determining Nursing Home Hospital-Based Status — Eliminate regulations referencing the designation of hospital-based nursing homes by the federal government since they no longer make that distinction.

86-2 Nursing Home Pay for Performance — Provide an enhanced rate adjustment for those nursing facilities that meet or exceed defined quality measures.

86-2 Behavioral Intervention Services — Establish a distinct Medicaid payment rate for nursing facilities that operate a discrete unit to care for individuals with neurobehavioral challenges (identified as behavioral intervention step-down units) that no longer require the intensity of the secure specialized behavioral units already in regulation.

86-4 Ambulatory Care Data Collection (SPARCS) — Authorize collection of medical record information for all patients in an ambulatory care setting.

86-4 Units of Service, Social Work Services in Article 28 Federally Qualified Health Centers (FQHCs) — Amend regulations to allow Medicaid threshold billings for individual clinical social worker psychotherapy services provided by licensed clinical social workers; clinical group psychotherapy services provided by a qualified clinician for groups of patients from two to eight in number; and, off-site services delivered to FQHC patients under limited circumstances. Threshold billing of all psychotherapy services for clinics, FQHC and non-FQHC will be limited to no more than 15% of a clinic's total annual visits.

86-4.9 Units of Service, Social Work Services in Article 28 Clinics — Amend regulations to allow Medicaid to reimburse for the services of Licensed Master Social Workers and Licensed Clinical Social Workers to provide individual psychotherapy services in Federally Qualified Health Centers.

89 Practice of X-ray Technology — Update obsolete language and establish certificate and standards for radiographers who inject contrast media.

94.2 Supervision and Scope of Duties of Registered Physician's Assistants — Amend regulations to conform with recently enacted amendments to Section 3703 of the Public Health Law. Section 3703(3) authorizes a registered physician to prescribe controlled substances under Article 33 of the Public Health Law, including schedule II substances, for patients under the care of the supervising physician.

98-1.5 Application for a certificate of authority — Revise regulations to require electronic submission of the MCO's provider network, consistent with the filing requirements in 98-1.16(j).

98-1.6 Issuance of the certificate of authority — Revise regulations to add a provision requiring MCOs to maintain a complete file on each request for health care services or benefits and associated appeals pursuant to Article 49 of the Public Health Law and federal law and regulations.

98-1.8 Continuance of a certificate of authority — To facilitate enforcement, amend the regulation to clarify that managed care organizations must maintain compliance with the requirements of Public Health Law Articles 44 and 49 and 10 NYCRR Part 98, including provisions related to initial application and certification standards, in order to maintain their certificate of authority.

98-1.13 Assurance of access to care — Amend subparagraph (d) to require that each member select a primary care provider from which the member receives all primary care services.

Amend this section to require that MCOs contracting with a medical group have a process whereby a new provider joining the group can receive payment for services rendered to enrollees until the credentialing process is completed for the new provider.

Amend this section to ensure an enrollee who is referred by an out-of-network provider to in-network services incurs no additional financial liability than they would normally incur had the services been referred by a participating provider.

98-1.14 Enrollee services and grievance procedures — Amend this section to require MCOs to issue notice to enrollees upon approval, denial or failure to pay for a request for a covered benefit or referral when the determination is not subject to the provisions of Public Health Law Article 49.

98-1.21 Fraud and abuse prevention plans and special investigation units — Amend regulations to: delete an unworkable requirement for MCOs to develop procedures for detecting repetitive fraud across plans; expand and clarify requirements for a fraud and abuse awareness program to include a confidential toll free telephone number to report suspected cases of fraud and abuse; and, expand and clarify the required content of the fraud and abuse detection manual to include all available guidance on identification and referral of suspected cases of fraud and abuse.

98-1 Various Technical Amendments — Revise regulations, making technical corrections to: 1) 98-1.2(oo), clarify the definition of “transitional period” such that it extends for at least 90 days; 2) 98-1.9(b)(3), require MCOs to provide assurances of continuing compliance with Article 49 of the Public Health Law, in addition to Article 44 and Part 98; 3) 98-1.11(h), restore language that prohibits HMOs from discriminating in enrollments and services provision (this language was inadvertently deleted when the regulation was revised); 4) 98-1.11(k)(4), clarify that the MCO is responsible for monitoring contractors' fiscal stability; 5) 98-1.11(p), clarify that MCOs must comply with Article 49 of the Public Health Law, in addition to Article 44 and Part 98; and, 6) 98-1.13(c)(iii), correct a 2005 change which inadvertently limited provider contract assignments to within one year of promulgation of the rule.

98-2 External Appeals of Adverse Determinations — Amend the existing regulation to clarify that external appeal agents may not be held liable in damages for external appeal determinations unless such determinations were made in bad faith or involved gross negligence. A technical correction will be included to remove the definition of “designee” as ordered by the courts.

123 Conesus Lake Watershed Rules — Amend to incorporate regulations intended to protect the public water supplies of the Villages of Avon and Geneseo and the Town of Livonia.

132 Canandaigua Lake Watershed Rules — Amend to incorporate regulations intended to protect the public water supplies of the City of Canandaigua, Villages of Rushville, Palmyra and Newark, and the Town of Gorham.

400.15 and 700.4 The Role of the Licensed Practical Nurse (LPN) in Intravenous Therapy Procedures — Update the regulations to be consistent with the LPN scope of practice.

405.3 Administration — Amend regulations to add certain requirements for immunizations and TB testing for healthcare workers. Exempt telemedicine personnel from immunization requirements as a condition of employment.

405.7 Patients' Rights — Amend regulations to update the language assistance provisions regarding annual needs assessment to include the enhanced Medicaid appropriation for non-public New York City hospitals.

405.8 Incident Reporting — Amend regulations to update the Department's New York Patient Occurrence Reporting and Tracking System (NYPORTS) provisions for hospitals to reflect current practice.

405.9 Admission/Discharge — Revise regulations to clarify that all donor and procurement responsibilities must be carried out before a dead body is removed from a hospital. Amend history and physical requirements for admitted patients in accordance with revised federal regulations.

405.10 Medical Records — Amend regulations to allow verbal orders to be authenticated by not only the ordering practitioner, but also by other practitioners responsible for the care of the patient within 48 hours rather than “as soon as possible” consistent with new federal requirements.

405.20 Outpatient Services — Amend regulations to review the possibility of cross referencing 752.2 for hospital based free standing emergency facilities.

405.22 Critical Care and Special Care Services — Update the regulations regarding the organ transplant centers. Update the cardiac services provisions (may be moved to another section in Part 405). Provide specific minimum standards for pediatric intensive care units (ICUs) similar to adult ICUs, yet still acknowledging that there are differences between adult and pediatric ICUs beyond just the size and weight of the patients.

600.8 Criteria for Determining the Operation of Diagnostic or Treatment Center Under Article 28 of the Public Health Law — Amend regulations, if necessary, regarding center operations.

708 Appropriateness Review — Revise regulations regarding the Trauma Center Designation Standards for consistency with the current practice of trauma care in New York State.

708 Appropriateness Review — Provide standards for designating Percutaneous Coronary Intervention (PCI) capable hospitals that can meet the additional criteria needed to meet the emergency needs of patients with ST elevation myocardial infarctions (STEMIs) as measured on an EKG.

709 Determination of Public Need for Medical Facility Construction — Amend regulations related to the liver and human heart transplantation services provisions.

750-759 Treatment Center and Diagnostic Center Operation -Update regulations addressing the Department's New York Patient Occurrence Reporting and Tracking System (NYPORTS) provisions for Diagnostic and Treatment Centers to reflect current practice. Add certain immunization requirements for healthcare workers.

710.1 Certificate of Need — Update regulations to reduce CON review requirements for first-time purchases of Magnetic Resonance Imagers (MRIs), from full CON review to administrative CON review. Review for certain categories of construction unrelated to clinical capacity will also be changed from administrative CON review to prior review. These changes will enable Article 28 providers to undertake needed changes more efficiently in an increasingly changing health care market.

711, 712, 713, 715 and 716 Medical Facility Construction — Revise regulations concerning the Medical Facilities Construction Code.

752-2 Up-Graded Diagnostic and Treatment Center Services -Revise regulations, if necessary, which address freestanding emergency department classification.

763 and 766 Reporting Requirements for Licensed Home Care Services Agencies — Amend regulations to implement recent statutory changes to PHL which require licensed home care services agencies to submit annual cost reports and comply with the annual administrative and general cost requirements applied to certified home health agencies.

767 Home Medical Equipment — Draft regulations which include provisions for licensing and oversight of Home Medical Equipment providers, pursuant to newly enacted statute.

790 Hospices — Draft regulations implementing changes in the federal Conditions of Participation.

800 Emergency Medical Services — General — Draft regulations related to the use and application by members of the public of automatic external defibrillators; codify regulatory requirements for Advance Life support First Response Agencies; codify regulatory requirements for Basic Life Support Providers; make updates to EMS certification and training regulations; establish a new section on the mobilization and/or sharing of resources in the event of a declared disaster.

1000.1 Physician Profiling Definitions — Modify regulations to define physician membership other than “board certification” and update definition of “board certification.” The amendments will provide definitions and requirements for physician information posted under the field “membership” on the physician profiling system.

1000.3 Malpractice Awards, Judgements, and Settlements — Draft regulations to clarify the circumstances under which a physician may be granted an extension because of physical incapacitation, etc. (Note: A physician has 30 days within which to appeal the disclosure of the settlement information in the instance where the physician has 2 or fewer settlements.)

1000.5 Physician Profiling Updating Self-Reported Information -Add regulations to require that physicians notify the department at least annually if there are no changes in profile information.

1001 Assisted Living Residences — Create new Part to carry out the requirements of newly enacted statute requiring licensure of assisted living residences. Additionally provide standards and guidelines pertaining to new certificate classifications of enhanced and special needs assisted living.

Title 18 NYCRR (Social Services)

311.3(a)(2) District of Fiscal Responsibility for Medicaid — Revise the regulation to conform with pending court/settlement decision in Luberto v. Novello.

360 Medicaid Buy-In Program for Working People with Disabilities — Amend regulations regarding Medicaid eligibility requirements for working people with disabilities.

360 Family Health Plus (FHP) program — Amend regulations to implement the FHP program.

360 LTC Eligibility Changes Required by the Deficit Reduction Act (DRA) of 2005 — Amend the Medicaid eligibility regulations and transfer of assets provisions to reflect the provisions contained by the DRA and amended State statute.

360-1 through 360-4.6 Implementing Welfare Reform Act of 1997 — Conform regulations with the Welfare Reform Act of 1997.

360-4.4 Transfers of Assets and Waiver Services — Amend regulations regarding the transfers of assets provisions to no longer apply to waiver services.

360-4.4 and 360-4.10 Resources and Annuities — Revise Section 360-4.4 to specify that resources include an individual's interest in an annuity; revise Section 360-4.10 to provide that for the purpose of increasing a community spouse resource allowance to increase the community spouse's income to the minimum monthly maintenance needs allowance. The Department may adjust the community spouse resource allowance to the amount a person would have to invest in a single premium annuity to generate the needed income, attribute a rate of return based on a presumed available rate of interest, or other reasonable methodology.

360-4.6(a)(2)(xxv) Interest/Dividend Income Exclusion — Amend regulations to provide for the exclusion of most interest/dividend income for SSI-related individuals.

360-4.6(2)(a)(xxvi) and 360-4.6(b)(2)(x) Education-Related Income and Resource Exclusion — Amend regulations to provide for the disregard of gifts used for tuition, fees, or other necessary educational expenses as countable income, and, for nine months, as countable resources for SSI-related individuals.

360-4.6(b)(2)(v) and 360-4.6(b)(2)(ix) Resource Exclusion -Amend regulations to provide for a resource exclusion period of nine months for retroactive SSI and Social Security benefit payments, federal child tax credit payments, and federal earned income tax credit payments for SSI-related individuals.

360-4.10 Spousal Impoverishment for Married Waiver Participants — Conform regulations with Chapter 58 of the Laws of 2007.

360-5.5 Examination — Amend regulations to correct the reference to 18 NYCRR 595.3(b). The fiscal regulations were changed in 1988. This appears to have been an oversight at that time.

360-5.9(a) Trial Work Period — Revise regulations related to the threshold amounts for counting a month toward a 9-month trial work period.

360-6.7 Managed Care — Repeal regulations to modify and consolidate with a new Part 360. The provisions describe the standards and processes by which managed care enrollees may disenroll from a managed care organization and will be revised to reflect Chapter 649 of the Laws of 1996 and Chapter 433 of the Laws of 1997.

360-7.2 Medicaid Program as Payment of Last Resort — Amend regulations to clarify of the definition of third party by adding the words “or entity”.

360-7.3(c)(1) of Title 18 NYCRR and Part 85.13 of Title 10 NYCRR Use of Health, Hospital or Accident Insurance & Physically Handicapped Children's Program — Amend regulations to eliminate the dual prior approval for certain services for Medicaid eligible children.

360-7.7 Payment of Medicare Coinsurance — Amend the regulation to indicate that Medicaid will reimburse providers 20% of the Medicare Part B coinsurance for dually eligible Medicare/Medicaid recipients in instances where what Medicare pays exceeds the Medicaid fee.

360-7.7 Payments of deductibles and coinsurance under title XVIII of the Social Security Act (Medicare) — Amend regulations to reinforce the policy that Medicaid prior approval is not necessary if the item or service is covered by Medicare. If Medicare denies payment based on lack of medical necessity, Medicaid prior approval and/or reimbursement will not be considered. Services that are statutorily excluded from Medicare payment but covered by Medicaid would be payable if medically necessary.

360-7.11 Revision to Medicaid Recoveries — Amend regulations to lower the age for estate recoveries and includes the category of undue hardship as required by federal regulations.

360-7.12 Co-Payments by Recipients — Revise the regulation to conform with recently enacted statutory changes to Medicaid co-payments that eliminates the pharmacy co-payment exemption for managed care recipients, and increases the pharmacy co-payment $.50 to $1.00 for generic drugs, $2.00 to $3.00 for brand name drugs, and the annual cap from $100 to $200.

360-10 Medicaid Managed Care Program — Replace the existing regulations to conform to changes authorized by Chapter 165 of the Laws of 1991, Chapter 649 of the Laws of 1996 and Chapters 433 and 436 of the Laws of 1997. The proposed regulations will clarify provisions of law, provide clearer guidance regarding marketing and enrollment in the Medicaid managed care/Family Health Plus programs, add fair hearing rights and requirements specific to Medicaid managed care/Family Health Plus, require providers to accept payment from a managed care plan as payment in full and add provider prohibitions specific to the Medicaid managed care/Family Health Plus programs.

360-11 Medicaid Managed Care — Repeal regulations describing the standards and processes by which special needs populations may obtain specialty care services with the Medicaid managed care program. It will be repealed because it was made obsolete by passage of Chapter 649 of the Laws of 1996 which authorized the development of Special Needs Plans (SNPs) for these populations.

485, 486, 487, 488 and 490 — Amend regulations to consolidate and streamline provisions relating to adult homes, enriched housing programs and residences for adults, to reflect recent past legislative and regulatory initiatives and the changing environments of these types of facilities. Provide clarification and consistency to residents, operators and the public with regards to adult care facilities.

486 Inspection Review Process for Adult Care Facilities — Revise regulations to formalize the currently informal inspection review process, whereby operators can request an inspection review meeting after issuance of an inspection report but prior to the posting of the report on the Department's website.

487, 488 and 490 Temperature Standards for Adult Care Facilities — Amend regulations to implement the provisions of recently enacted statute with respect to an allowable temperature in all areas occupied by residents of adult homes, enriched housing programs and residences for.

504.3 (j) through (m) Medicaid Provider Responsibilities — Add three new sections to Part 504.3 (j) through (l) defining the responsibility of Medicaid enrolled providers to treat Medicaid patients during federal or State declared emergencies. A fourth section (m) is added to clarify that Title XVIII Medicare enrollment is required for all providers eligible to participate in Medicare as a condition of enrollment in the New York State Medicaid Program.

505.3 Pharmacy — Amend regulations to identify Medicaid reimbursement associated with the reasonable administrative costs incurred by 340B covered entities or an authorized contract pharmacy when billing Medicaid at 340B prices.

505.3(b)(1) Drugs — Amend regulation to eliminate the requirement for a prescription or fiscal order for the dispensing of over-the-counter emergency contraception for women 18 years or older.

505.5 Fiscal Orders — Change fiscal order requirements for medical surgical supplies to allow filling within 60 days rather than 14 days of the date written, in concurrence with current policy; add fiscal order requirements for DME, orthotics, prosthetics and prescription footwear that the order must be filled within 180 days unless otherwise stated by the Department in concurrence with current policy; specifically define the paper ad electronic formats for fiscal orders which are acceptable.

505.5 Durable Medical Equipment — Amend regulations to define the procedures for pursuing Medicaid Waiver reimbursement for Assistive Technology (AT) devices that do not meet the definition of DME and, therefore not covered by the Medicaid State Plan, including those AT devices that would be covered under federal EPSDT statute; also specify that exclusive utilization of HIPAA-compliant HCPCS codes and proper use of miscellaneous codes is required for prior approval and claims submission.

505.8 of Title 18 NYCRR and 85.33 of Title 10 NYCRR Private Duty Nursing Services — Amend regulations to replace and update the current language controlling the amount, duration, and scope for the provision of private duty nursing services under the Medicaid Program.

505.8 of Title 18 NYCRR and 83.33 of Title 10 NYCRR Medically Fragile Children — Draft regulations, based on legislation, to the Nursing Services regulations to authorize a fee enhancement for nursing services provided to medically fragile children 505.11 Payment for Physical and Occupational Therapy Assistants — Amend regulations to allow physical therapist assistants and occupational therapy assistants to provide rehabilitative health care services to Medicaid recipients, as a billable service, under the supervision of a licensed physical therapist and occupational therapist, respectively; revised regulations will allow Medicaid recipients continued access to physical and occupational therapy services utilizing occupational therapy assistants and physical therapist assistants as qualified professionals.

505.25 Personalized Recovery Oriented Services (PROS) — Amend regulations to reflect approved Title 14 OMH regulations for PROS, a comprehensive outpatient recovery oriented program for persons with severe and persistent mental illness.

505.31(d)(e)(1) of Title 18 NYCRR and Part 85.39 of Title 10 NYCRR Audiology, Hearing Aid Services and Products — Amend regulations to eliminate the designation of the Physically Handicapped Children's Program speech and hearing centers as only providers of hearing assessments to Medicaid eligible children.

506.2 and 506.6 Dental Vans — Amend regulations, in light of increasing interest in Medicaid reimbursement for services provided in dental vans used as private offices, to define a mobile setting and allow a mobile setting as a valid dental place of service, and specify what provider qualifications are necessary for use of dental vans.

506.4 of Title 18 NYCRR and Part 85.45 of Title 10 NYCRR Orthodontic Care — Amend regulations to eliminate the Physically Handicapped Children's Program sole review role in the area of orthodontia; removes the reference to panel orthodontists; and updates the qualifications for orthodontists and eligibility criteria for these services.

540.6 Billing for Medical Assistance — Revise regulations to specifically state that Medicare enrollment, whenever possible, is a requirement for participation in the Medicaid program.

CONTACT PERSON: Katherine Ceroalo

New York State Department of Health

Bureau of House Counsel, Regulatory Affairs Unit

Empire State Plaza

Corning Tower Building, Room 2438

Albany, New York 12237

(518) 473-7488

(518) 473-2019 FAX

Pursuant to Section 202-d of the State Administrative Procedure Act (SAPA), the following Regulatory Agenda is a list of the regulatory additions and amendments to Title 11 of the NYCRR that the Insurance Department is presently considering proposing during the first half of 2008. Many of these items were previously published in the June 2007 Regulatory Agenda. Items that have been published in the State Register as “Proposed” actions are not included on the list. The Insurance Department's regulatory plans are subject to change, and the Department reserves the right to add to, delete from, or modify items on the Agenda without further notice.

This notice also is intended to provide small businesses, local governments and public and private interests in rural areas with the opportunity to participate in the rule making process, as provided for in Sections 202-b and 202-bb of SAPA.

For inquiries pertaining to a specific item, please contact the agency contact person identified in the item. For general inquiries about the Insurance Department's Regulatory Agenda, please contact:

Sam Wachtel

Supervising Attorney

Office of General Counsel

New York State Insurance Department

25 Beaver Street

New York, N.Y. 10004

Telephone Number: 212-480-5269

Copies of current regulations may be obtained from the Department's Public Affairs Bureau by writing to the New York City address above, or by calling 212-480-2283.

1. Summary description of proposal: Adoption of a new part to 11 NYCRR to set forth, in broad terms, the principles to which licensees are expected to adhere in conducting their business in New York. Agency Contact: Paul Zuckerman, Principal Attorney (212-480-5286).

2. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish requirements regarding disclosure of all sources and amounts of compensation received by licensed insurance producers. Agency Contact: Paul Zuckerman, Principal Attorney (212-480-5286).

3. Summary Description of Proposal: Adoption of a new part to 11 NYCRR to address certain business practices in the title insurance industry and supervision of title insurers authorized to write title insurance in this state. Agency contact: D. Monica Marsh, Associate Attorney, Office of General Counsel (212) 480-5298.

4. Summary description of proposal: Amendment of 11 NYCRR 151 (Regulation 119) to implement Chapter 6 of the Laws of 2007, which authorized the Superintendent to determine, by regulation, the “industry standard rate” for calculating simple interest to be used in calculating the present value of future benefits when an employer or insurer is required to makes a deposit into the Aggregate Trust Fund. Agency contact: Sam Wachtel, Supervising Attorney, Office of General Counsel (212) 480-5269.

5. Summary Description of Proposal: Adoption of a new part to 11 NYCRR to address corporate governance practices and endure that supervised entities are in compliance with New York Insurance Law regarding gifts, entertainment and related travel. Agency contact: Phyllis Ann Linker, Director of Internal Audit (518) 474-4567.

6. Summary description of proposal: Amendment of 11 NYCRR 60-2 (Supplementary Uninsured/Underinsured Motorists Insurance) (Regulation 35-D) to revise all references in Sections 60-2.3 and 60-2.4 from “AAA/American Arbitration Association” to “designated organization.” Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

7. Summary description of proposal: Amendment of 11 NYCRR 301 (Purchasing Groups) (Regulation 134) to eliminate provisions referencing Affidavit Part B, which was originally required by 11 NYCRR 27 (Regulation 41) but has since been deleted from Regulation 41. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

8. Summary description of proposal: Amendment of 11 NYCRR 27 (Excess (Regulation 134). Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

9. Summary description of proposal: Amendment of 11 NYCRR 65-1, 65-2, 65-3, 65-4 (Regulations Implementing the Comprehensive Motor Vehicle Insurance Reparations Act) (Regulations 68-A, 68-B, 68-C & 68-D) to revise No-fault endorsements and requirements for insurer claim practices. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

10. Summary description of proposal: Amendment of 11 NYCRR 65-3 and 65-4 (Claims for Personal Injury Protection Benefits & Arbitration) (Regulations 68-C & 68-D), respectively, to adopt a new prescribed form that can be used only for the denial of health service benefits that do not involve any policy issues or statutory exclusions, and to amend rules related to both the manner in which the organization designated by the Superintendent administers the first party motor vehicle insurance arbitration programs and assesses the costs of these programs to the insurance industry. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

11. Summary description of proposal: Amendment of 11 NYCRR 68 (Charges for Professional Health Services) (Regulation 83) to adopt a fee schedule for health services rendered by licensed acupuncturists. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

12. Summary description of proposal: Amendment of 11 NYCRR 390 (Service Contracts) (Regulation 155) that will require all registered service contract providers to: file with the Superintendent annual audited financial statements, inclusive of the volume of service contract business written in New York; and provide clarification of the requirements and conditions for appointment of a claims trustee, the minimum affirmations and attestations in the use of a “parental guarantee” of a subsidiary Service Contract Provider (“SCP”), and specifications for the determination that an SCP is deemed insolvent. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

13. Summary of description of proposal: Adoption of a new part to 11 NYCRR to provide clarification and rules regarding inland and ocean marine insurance. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

14. Summary description of proposal: Amendment of 11 NYCRR 216 (Unfair Claims Settlement Practices and Claim Cost Control Measures) (Regulation 64) to update the entire regulation to, inter alia, provide notice and time frame requirements for third party claims. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

15. Summary description of proposal: Adoption of a new 11 NYCRR 65-5 (Regulation 68-E) and amendment of 11 NYCRR 68 (Regulation 83) to implement Chapter 424 of the laws of 2005 and thus create a process by which a health provider's authority to seek reimbursement for the treatment of No-fault patients can be suspended or removed under certain circumstances. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

16. Summary description of proposal: Adoption of a new part to 11 NYCRR regarding standards for coverages, limitations and exclusions related to damages caused by mold and related remediation. Agency contact: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

17. Summary of description of proposal: Amendment of 11 NYCRR 125 (Credit for Reinsurance from Unauthorized Insurers) (Regulation 20) to allow alternative credit for cessions to unauthorized reinsurers that maintain a minimum financial strength rating from the rating agencies. Agency contact person: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

18. Summary of description of proposal: Adoption of a new part to 11 NYCRR to require authorized property/casualty insurers to establish reserve funds for payment of losses that occur in New York arising out of natural catastrophes. Agency contact person: Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

19. Summary of description of proposal: Amendment of 11 NYCRR 80-1 (Holding Companies) (Regulation 52) to increase property/casualty insurers' required threshold necessary to provide prior notice to the superintendent concerning related party transactions, to establish that the Annual Holding Company Registration Statements may be filed electronically, and to allow the superintendent to permit, at his discretion, alternatives to the audited financial statements when making filings pursuant to this Regulation. Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

20. Summary description of proposal: Adoption of a new part to 11 NYCRR to require workers compensation policies with high deductibles to have collateralization of the deductible amount selected by the policyholder and in a form acceptable to the Superintendent. Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

21. Summary description of proposal: Amendment of 11 NYCRR 68 (Charges for Professional Health Services) (Regulation 83) to adopt the fee schedules implemented by the Workers' Compensation Board for pharmaceutical drugs and durable medical equipment. Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

22. Summary description of proposal: Amendment of 11 NYCRR 68 (Charges for Professional Health Services) (Regulation 83) to adopt the fee schedule that will be implemented by the Workers' Compensation Board for health services rendered by licensed dentists. Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

23. Summary description of proposal: Amendment to 11 NYCRR 152 (Physicians and Surgeons Professional Insurance Merit Rating Plan) (Regulation No. 124) to permit credits for successful completion of additional risk management programs (supplementary risk management programs). Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

24. Summary description of proposal: Amendment to 11 NYCRR Part 262 (Legal Services Insurance) (Regulation No. 162) to permit legal service coverage for breach of contract. Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

25. Summary description of proposal: Amendment of 11 NYCRR 27 (Excess Line Placements Governing Standards) (Regulation 41) to increase the minimum capital and surplus requirements of excess line insurers. Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

26. Summary description of proposal: Amendment of 11 NYCRR 27 (Excess Line Placements Governing Standards) (Regulation 41) to revise the Export List. Buffy Cheung, Principal Insurance Examiner, Property Bureau (212-480-5587).

27. Summary description of proposal: Amendment to 11 NYCRR 51 (Replacement of Life Insurance Policies and Annuity Contracts) (Regulation 60) to allow for a preliminary disclosure statement that can be prepared without waiting twenty days for a response from the replaced insurer, and thus permit the application to be completed on the first visit. Agency Contact: Daniel Gumaer, Supervising Insurance Examiner, Life Bureau (212-480-5040).

28. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards and provide guidance for the valuation, maintenance and disposal of “other property” gifted to charitable annuity societies pursuant to Insurance Law Section 1110(a). Agency Contact: Ruth Gumaer, Supervising Insurance Examiner, Life Bureau (212-480-4763).

29. Summary description of proposal: Adoption of a new part to 11 NYCRR to adopt the NAIC Risk Based Capital standard for fraternal benefit societies. Agency Contact: Ruth Gumaer, Supervising Insurance Examiner, Life Bureau (212-480-4763).

30. Summary description of proposal: Repeal of 11 NYCRR 96 (Surplus Management Accounts) (Regulation 138) to eliminate inconsistent financial reporting standards that allow differing financial reports for identically situated insurers. Agency Contact: Peter Kreuter, Assistant Chief Actuary, Life Bureau (212-480-5328).

31. Summary description of proposal: Amendment to 11 NYCRR 95 (Regulations Governing an Actuarial Opinion and Memorandum) (Regulation 126) to add guidance regarding sensitivity tests, disclosure items, and other requirements related to asset adequacy analysis. Agency Contact: Fred Andersen, Supervising Actuary, Life Bureau (518-474-5462).

32. Summary description of proposal: Amendment to 11 NYCRR 99 (Valuation of Annuity, Single Premium Life Insurance, Guaranteed Interest Contract and Other Deposit Reserves) (Regulation 151) to revise existing standards for variable annuities for life insurers so as to conform with recently adopted and pending NAIC standards. Agency Contact: Michael Cebula, Assistant Chief Actuary, Life Bureau (518-474-6805).

33. Summary description of proposal: Amendment to 11 NYCRR 42 (Term Life Renewal Restrictions; Cash Surrender Values for Certain Life Insurance Plans) (Regulation 149) to eliminate the age 80 renewal limitation and to substantially modify the nonforfeiture requirements for certain life insurance plans. Agency Contact: Dennis Lauzon, Assistant Chief Actuary, Life Bureau (518-474-5462).

34. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish minimum standards for non-guaranteed elements of life and annuity insurance policies and to establish minimum standards for written criteria set by the board of directors or a committee thereof for determining non-guaranteed elements. Agency Contact: Dennis Lauzon, Assistant Chief Actuary, Life Bureau (518-474-5462).

35. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish minimum standards for form, content and sale of life insurance, annuities and funding agreements, including standards for full and fair disclosure. Agency Contact: Dennis Lauzon, Assistant Chief Actuary, Life Bureau (518-474-5462).

36. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards for self-support requirements for life insurance, annuities and funding agreements issued on an individual or group basis. Agency Contact: Dennis Lauzon, Assistant Chief Actuary, Life Bureau (518-474-5462).

37. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards for corporate governance for risk management, including requirements for board of directors' oversight of business and exposure limits. Agency Contact: Dennis Lauzon, Assistant Chief Actuary, Life Bureau (518-474-5462).

38. Summary description of proposal: Amendment to 11 NYCRR 50 (Separate Accounts and Separate Account Annuities) (Regulation 47) to establish revised standards for the operation of separate accounts, contract provisions and actuarial requirements to reflect statutory changes and recent innovations in product design and changes in contract administration of separate account and variable annuity products. Agency Contact: Ralph D. Spaulding, Supervising Insurance Attorney, Life Bureau (518-486-5258).

39. Summary description of proposal: Amendment of 11 NYCRR 54 (Variable Life Insurance) (Regulation 77) to provide for exceptional treatment of private placement variable life insurance, especially with respect to the deferral of payments for death benefits, surrender benefits and policy loans. Agency Contact: Ralph D. Spaulding, Supervising Insurance Attorney, Life Bureau (518-486-5258).

40. Summary description of proposal: Adoption of a new part to 11 NYCRR 48 (Key Person Company-Owned Life Insurance) (Regulation 180) to provide guidance to insurers in defining key persons for purpose of complying with Section 3205(a)(1)(B) and (d) of the Insurance Law. Agency Contact: Ralph D. Spaulding, Supervising Insurance Attorney, Life Bureau (518-486-5258).

41. Summary description of proposal: Adoption of a new part to 11 NYCRR to declare certain sales practices occurring on military installations or involving military personnel as false, misleading, deceptive or unfair and/or violations of the Insurance Law. Agency Contact: Peter Dumar, Associate Insurance Attorney, Life Bureau (518-474-4552).

42. Summary description of proposal: Amendment to 11 NYCRR 53 (Life and Annuity Disclosure and Sales Illustration) (Regulation 74) to set forth the information mandated by Section 3209 of the Insurance Law, including the standards governing the content, format and use of sales illustrations and other disclosure requirements for fixed and/or variable annuity products and funding agreements. Agency Contact: Peter Dumar, Associate Insurance Attorney, Life Bureau (518-474-4552).

43. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards for the sale and servicing of insurance products to senior citizens. Agency Contact: Daniel Gumaer, Supervising Insurance Examiner, Life Bureau (212-480-5040).

44. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards for a principles-based valuation of variable annuity reserves. Agency Contact: Fred Andersen, Supervising Actuary, Life Bureau (518-474-5462).

45. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards for a principles-based valuation of reserves for certain life insurance products. Agency Contact: Fred Andersen, Supervising Actuary, Life Bureau (518-474-5462).

46. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) and 11 NYCRR 360 (Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145) to clarify the requirements for prior approval of forms and rates, including the establishment of rules for determining the rating methodology to be used for rating point-of-service products sold to large groups, and to clarify the application and effect of rolling rates and annual level subscriber rates. Agency Contact: Robert Solomon, Supervising Insurance Examiner, Health Bureau (212-480-5246).

47. Summary description of proposal: Amendments of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62), 11 NYCRR 360 (Rules to Assure an Orderly Implementation and Ongoing Operation of Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145), 11 NYCRR 361 (Establishment and Operation of Market Stabilization Mechanisms for Individual and Small Group Health Insurance and Medicare Supplement Insurance) (Regulation 146), 11 NYCRR 59 (Minimum Standards for Certificates Deemed to Have Been Delivered in New York) (Regulation 123), 11 NYCRR 39 (Minimum Standards for the New York State Partnership for Long-Term Care Program) (Regulation 144) and adoption of new Part to 11 NYCRR to: 1) establish minimum standards for such products as managed care, point of service arrangements, and other health insurance products, as ongoing changes occur in the health insurance field; 2) establish minimum standards and requirements for specified disease coverage; 3) update minimum standards for Partnership and non-Partnership long term care coverages; and 4) establish minimum standards and/or requirements for long term care insurance products as new long term care financing options are enacted. Agency Contact: Austin J. Rinella, Supervising Insurance Attorney, Health Bureau (518-474-4098).

48. Summary description of proposal: Amendment of 11 NYCRR 17 (Standard Health Insurance Claims Forms for the Services of Physicians, Dentists and Hospitals) (Regulation 88) to delete obsolete provisions. Agency Contact: Austin J. Rinella, Supervising Insurance Attorney, Health Bureau (518-474-4098).

49. Summary description of proposal: Adoption of a new part to 11 NYCRR or amendment of existing parts of 11 NYCRR to: 1) establish standards so the internal appeal procedures of long term care insurers are stated in the form language of long term care insurance products; 2) establish requirements and standards for long term care insurers to notify the Insurance Department when the insurers make available for purchase a long term care insurance form in New York State or when the insurers discontinue selling a long term care insurance form in New York State; 3) state by amendment an update on the annual rescission report due date and to state the requirements of federal law for annual long term care reports on claims denials and lapse/replacements and their due dates; 4) establish rules and targeted penalties regarding deceptive advertising and/or deceptive marketing practices targeting senior citizens; 5) establish targeted penalties regarding untimely payment of long term care insurance claims; 6) establish procedures regarding external appeals of long term care insurance claims. Agency Contact: Austin J. Rinella, Supervising Insurance Attorney, Health Bureau (518-474-4098).

50. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) and 11 NYCRR 360 (Rules to Assure an Orderly Implementation and Ongoing Operation of Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145) to implement Chapter 557 of the Laws of 2002, which pertains to health insurance coverage for individual proprietors. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

51. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for the Form Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) and 11 NYCRR 360 (Rules to Assure an Orderly Implementation and Ongoing Operation of Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145) to set forth requirements regarding the payment of commissions, fees and other compensation to agents and brokers. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

52. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for the Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to update the requirements for coordination of benefits (COB) among health insurance policies. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

53. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to clarify the dental exclusion in health insurance policies. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

54. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to implement denial of coverage procedures in relation to restricting certain covered prescription drugs, procedures and supplies in the treatment of erectile dysfunction when prescribed for use by a person who is required to register as a sex offender and covered under a standardized individual enrollee direct payment contract or Healthy New York contract. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

55. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) and 11 NYCRR 360 (Rules to Assure an Orderly Implementation and Ongoing Operation of Open Enrollment and Community Rating of Individual and Small Group Health Insurance) (Regulation 145) to conform to the final regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

56. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to clarify coverage of emergency services under health insurance policies that provide coverage for inpatient hospital care. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

57. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to set forth requirements of notices of termination under group health insurance policies. Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

58. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to require insurers to provide notice of the benefits required by Chapter 748 of the Laws of 2006 (Timothy's Law) to affected policyholders. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

59. Summary description of proposal: Adoption of a new part to 11 NYCRR to provide for enhanced disclosure pursuant to sections 3217-a and 4324 of the Insurance Law. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

60. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to prohibit insurers and HMOs from treating services provided by hospitals that are participating in the health plan's network as out-of-network based upon the participation status of the admitting physician. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

61. Summary description of proposal: Amendment of 11 NYCRR 361 (Establishment and Operation of Market Stabilization Mechanisms for Individual and Small Group Health Insurance and Medicare Supplement Insurance) (Regulation 146) to revise certain market stabilization mechanism requirements as required by Chapter 504 of the Laws of 1995. Agency Contact: Lisette Johnson, Supervising Insurance Attorney, Health Bureau (518-474-4098).

62. Summary description of proposal: Amendment of 11 NYCRR 410 (External Appeals of Adverse Determinations of Health Care Plans) (Regulation 166) to establish new and revised standards and procedures for the external appeal process, and to clarify the requirements in existing law in relation to external appeal agents. Agency Contact: Lisette Johnson, Supervising Insurance Attorney, Health Bureau (518-474-4098).

63. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62), and 11 NYCRR 410 (External Appeals of Adverse Determinations of Health Care Plans) (Regulation 166), and adoption of a new part to 11 NYCRR to establish standards for coverage determinations and benefit determinations, including standards for utilization review. Agency Contact: Lisette Johnson, Supervising Insurance Attorney, Health Bureau (518-474-4098).

64. Summary description of proposal: Adoption of a new part to 11 NYCRR to require every accident and health insurer and HMO to file annually with the Superintendent or designated statistical agent a statistical report showing a classification schedule of its premiums, losses and related expenses, as well as a list of the 100 most frequently used current procedure terminology (CPT) codes on all kinds or types of accident and health insurance business subject to the Insurance Law, and such other information as the superintendent may deem necessary. Agency Contact: Lisette Johnson, Supervising Insurance Attorney, Health Bureau (518-474-4098).

65. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) and/or adoption of a new part to 11 NYCRR to establish an appeals process for disability claims. Agency Contact: Lisette Johnson, Supervising Insurance Attorney, Health Bureau (518-474-4098).

66. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish standards for contracts between insurers and providers. Agency Contact: Lisette Johnson, Supervising Insurance Attorney, Health Bureau (518-474-4098).

67. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to provide clarification to insurers and HMOs as to the requirements of the alternate procedure for submission of rate increases or decreases set forth in Insurance Law sections 3231(e)(2)(A) or 4308(g), and to provide further clarification as to calculating and reporting loss ratios and issuing dividends or credits when using the alternate filing procedure as required by Insurance Law sections 3231(e)(2)(B) or 4308(h). Agency Contact: Lara Quintiliani, Senior Insurance Attorney, Health Bureau (518-486-7815).

68. Summary description of proposal: Amendment of 11 NYCRR 350 (Continuing Care Retirement Communities) (Regulation 140) to modify and clarify the actuarial reserve calculation, solvency testing, distribution allowances, fee adequacy, allowable investments, and needed filing requirements, in view of marketplace expansion in both the number and types of Continuing Care Retirement Communities. Agency Contact: Gary Teitel, Supervising Attorney, Health Bureau (212-480-7709).

69. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to clarify extension of benefits and “no loss, no gain” requirements for individual, group and group remittance health insurance contracts. Agency Contact: Stephen Rings, Associate Insurance Attorney, Health Bureau (518-474-4899).

70. Summary description of proposal: Adoption of a new part to 11 NYCRR to prohibit discretionary clauses in accident and health contracts and policy forms and life insurance and annuity policy forms. Agency Contact: Stephen Rings, Associate Insurance Attorney, Health Bureau (518-474-4899).

71. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62): to amend section 52.70(e)(2) to conform with Insurance Law section 3234(b) and permit individual underwriting in determining a person's eligibility for coverage under a group disability policy. Agency Contact: Stephen Rings, Associate Insurance Attorney, Health Bureau (518-486-7815).

72. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to enable HMOs to offer a high deductible health plan to subscribers establishing a Health Savings Account. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

73. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to clarify the permissible and prohibited limitations on prescription drug coverage written by Article 43 corporations, HMOs and commercial insurers. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

74. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for the Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to establish requirements for insurance policies that use a usual and customary or reasonable form of reimbursement. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

75. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to clarify coverage of newborn children under health insurance policies. Agency Contact: Thomas Fusco, Associate Insurance Attorney, Health Bureau (716-847-7619).

76. Summary description of proposal: Amendment of 11 NYCRR 83 (Financial Statement Filings and Accounting Practices and Procedures) (Regulation No. 172) to develop standards and guidelines for real estate appraisals and accounting methodologies under which Insurance Law Article 43 corporations and Public Health Law Article 44 Health Maintenance Organizations may evaluate real estate in ordinary course of business. Agency Contact: David Doran, Principal Insurance Examiner, Health Bureau (212-480-5046).

77. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to adopt proposed changes to federal regulation relating to the modernization of Medicare supplement insurance. Agency Contact: Sarah L. Allen, Associate Insurance Attorney, Health Bureau (518-486-7815).

78. Summary description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, including Standards of Full and Fair Disclosure) (Regulation 62) to clarify the procedures and requirements for filing of accident and health insurance policy forms and rate submissions, including electronic filing of such submissions. Agency Contact: Doris Kullman, Associate Insurance Attorney, Health Bureau (518-474-4899).

79. Summary Description of proposal: Amendment of 11 NYCRR 28 (Professional Bail Bond Agents) (Regulation 42) to establish minimum recordkeeping requirements and identify prohibited charges in conjunction with (1) the issuance of a bail bond and (2) requiring collateral in order to secure the issuance of a bail bond. Agency Contact: John Chaskey, Supervising Examiner, Consumer Services Bureau (518-474-4556).

80. Summary Description of proposal: Amendment of 11 NYCRR 216 (Unfair Claims Settlement Practices and Claim Cost Control Measures) (Regulation 64) to require health insurers to add a standardized paragraph to all “Explanation of Benefits” forms advising insureds that they may file a complaint with the Insurance Department for investigation when any element of a health insurance claim is rejected, and to clarify the applicability of the regulation to accident and health insurance written pursuant to the provisions of section 1113 (a)(3) and article 43 of the Insurance Law. Agency Contact: Laura Dillon, Principal Examiner, Consumer Services Bureau (518- 486-9105).

81. Summary Description of proposal: Amendment of 11 NYCRR 215 (Advertisements of Accident and Health Insurance) (Regulation 34) to require accident and health insurers providing long term care insurance as defined in 11 NYCRR 52.12 to submit to the Superintendent a copy of any advertisement for long term care insurance intended for use in this State. Agency Contact: Janet Davignon, Associate Examiner, Consumer Services Bureau (518-474-5154).

82. Summary Description of proposal: Adoption of a new part to 11 NYCRR to provide that cancellation notices subject to 3425 of the Insurance Law should include the date and hour of cancellation, the date of the notice, and, for nonpayment of premium cancellations, a statement informing the consumer that cancellation will not take place if the consumer makes timely payment of the premium. Agency Contact: John Capuano, Associate Examiner, Consumer Services Bureau (518-486-9107).

83. Summary Description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) to prohibit the use of door-to-door sales for Medicare Supplemental policies. Agency Contact: Laura Dillon, Principal Examiner, Consumer Services Bureau (518-486-9105).

84. Summary Description of proposal: Amendment of 11 NYCRR 52 (Minimum Standards for Form, Content and Sale of Health Insurance, Including Standards of Full and Fair Disclosure) (Regulation 62) and/or adoption of a new part to 11 NYCRR to establish an appeals process for long term care claims. Agency Contact: Laura Dillon, Principal Examiner, Consumer Services Bureau (518-486-9105).

85. Summary description of proposal: Amendment of 11 NYCRR to set forth standards for banks, trust companies and security broker/dealers qualified to act as custodians for insurance company assets. Agency Contact: Jim Everett, Associate Counsel, Capital Markets Bureau (518-408-1593).

86. Summary description of proposal: Amendment of 11 NYCRR to recognize Letters of Credit issued pursuant to International Chamber of Commerce Uniform Customs and Practice for Documentary Credits (ICC Publication No. 600) for various accounting purposes. Agency Contact: Jim Everett, Associate Counsel, Capital Markets Bureau (518-408-1593).

87. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish a code of practice to provide contract certainty before coverage is bound, as well to establish service standards for issuing insurance documents in a reasonable time.

88. Summary description of proposal: Adoption of a new part to 11 NYCRR to clarify certain statutory provisions as they apply to captive insurance companies licensed in the State of New York pursuant to article 70 of the Insurance Law. Agency Contact: Jody Wald, Captive Coordinator, Captive Insurance Group (212-480-2757).

89. Summary description of proposal: Adoption of a new part to 11 NYCRR to establish requirements regarding the submission of disaster preparedness related data, questionnaires and plans from property/casualty, life and health insurers. Agency Contact: Merline Smith, Supervising Insurance Examiner, Disaster Preparedness and Response Bureau (518-408-3330).

This is a continuing Regulatory Agenda. Updated Regulatory Agendas may be found at the website of the Office of the Medicaid Inspector General at http://www.omig.state.ny.us

The following rules are under consideration for submission as a Notice of Proposed Rulemaking during the calendar year January 2008:

DESCRIPTION OF THE RULE SUBJECT MATTER

Title 18 NYCRR (Social Services)

500.1 Introduction — Clarifies change of responsibilities from Department of Social Services to Department of Health.

500.2 How Provided — Clarifies change of responsibilities from Department of Social Services to Department of Health.

500.3 Reimbursement for Expenditures — Provides for reimbursement when expenditures are made and reimbursement claimed consistent with rules and regulations of governing, licensing, or regulating authorities, in accordance with federal conditions of participation and state minimum standards and with departmental regulations.

500.5 Reimbursement and Payment for Appointments Not Kept — Prohibits claims submission for appointments for medical care that are not kept.

515.1 Scope and Definitions — Changes references from Department of Social Services to Department of Health. Clarifies definition of fraud. Adds definitions of prime contract, prime contractor, prime contractor employee, subcontractor, and subcontractor employee.

515.2 Unacceptable Practices — Applies the scope of unacceptable practices to include violations of federal and state laws having a nexus to a person's involvement in the medical assistance program. Clarifies the scope of false claims, false statements, and failure to meet recognized standards. Adds failure to report certain events; failing to disclose information during enrollment or re-enrollment; failing to grant immediate access to OMIG or MFCU; extortion; illegal gratuities; blackmail; disability discrimination; improper claim filing; violations of PHL § 238; violations of 42 U.S.C. § 1395nn; failing to obtain required prior consent; engaging in conduct that constitutes certain crimes; participation in conduct that is grounds for permissive exclusion pursuant to federal law or regulation; failure of an HMO to furnish medically necessary care, supplies and services; failing to have an effective system to assure accurate reporting of DRGs or RUGs; failure to establish and maintain an effective compliance program; providers owned or controlled by a sanctioned person; providers owning or controlling sanctioned providers; substantial failure to comply with corrective action plans required by the department or CMS; failure to repay certain health profession educational loans; violations of maximum claims or charges for unenrolled providers; criminal convictions relating to obstruction of an investigation; engaging in certain billing practices; failing to make refunds in certain circumstances; contacting Medicaid beneficiaries in certain circumstances; and certain practices by HMOs as unacceptable practices. Clarifies bribes, kickbacks, fraud, abuse, and unacceptable recordkeep-ing. Adds abetting and conspiring to effect an unacceptable practice to the scope of conspiracy. Clarifies the meaning of “unjustified”.

515.4 Guidelines for Sanctions — Adds factors to be considered in determining imposition of sanctions and the lengths of exclusions.

515.5 Sanctions; Effect — Clarifies the start and end dates for exclusions.

515.6 Notification — Clarifies address notices to which notices are mailed.

515.7 Immediate Sanctions — Provides for exclusion of person indicted of a non-felony crime relating to performance of management and administrative services or furnishing or billing for medical care, services or supplies. Adds exclusion for indictment or conviction of crime relating to unlawful involvement with controlled substances. Adds exclusion for indictment or conviction of crimes with nexus between criminal act and expected duties, responsibilities, or conduct of person in medical assistance program. Adds exclusion for failing to maintain required credentialing. Adds exclusion for failing to promptly repay overpayments under certain circumstances. Adds considerations for length of exclusion.

515.8 Mandatory Exclusions — Adds considerations for length of exclusion.

515.10 Reinstatement — Clarifies when a provider may be reinstated. Adds considerations for consideration of reinstatement. Clarifies procedure to appeal denial of reinstatement. Creates mechanism for limited employment without reinstatement at expiration of exclusion period.

516.1 Policy, Scope, and Definitions — Clarifies the definition of “standards of the MA program”. Clarifies basis for monetary penalties. Clarifies identities of persons subject to monetary penalties.

516.2 Amount of Penalty — Based upon legislation, increase amount of penalty.

516.3 Determination of the Amount of the Penalty — Modify consideration for penalty from actual effect to MA recipients to potential effect to MA recipients.

516.5 Effect and Enforcement of the Penalty —Based upon legislation, allows department to impose penalty and recover overpayment in certain circumstances. Allows department to recover overpayment and penalty from certain individuals causing overpayments.

518.1 Scope — Clarifies applicability and scope of hearing requirements.

518.2 Definitions — Clarifies applicability of definitions of Part 516 definitions to Part 518.

518.3 Liability for Overpayments — Applies the identity of persons responsible for repaying overpayments to include individuals with authority to correct or stop filing of certain claims but who knowingly or negligently fail to do so. Clarifies that repayments are required for deficient care and restricts repayment to person providing deficient care. Extends responsibility for repayment for deficient care to costs associated with provision of care, services, or supplies provided as a result of the deficiency. Clarifies responsibility for overpayments involving rate-based providers. Clarifies joint and several liability for overpayments when there is a change in ownership or control of a provider. Adds person failing to timely report serial numbers of lost or stolen NYS prescription forms as responsibility of overpayments resulting from the use of those forms.

518.5 Recovery of Overpayments — Clarifies the scope of applicability of the procedure to recover overpayments.

518.7 Withholding of Payments — Clarifies the propriety of withholding of payment of past claims. Extends the period of withholding to six months or further if issuance of final report or notice is delayed as a result of certain provider actions.

519.1 Scope — Clarifies change of responsibilities from Department of Social Services to Department of Health.

519.4 Right to a Hearing — Clarifies scope of hearing rights.

519.5 Notice — Clarifies mailing address for notices.

519.7 Request for a Hearing — Corrects address for hearing requests. Provides for interpreters at hearings regardless of ability of person to afford one.

519.3 Examination of File Before Hearing — Provides for appellant or appellant's representative to examine documents from audit file relevant to issues in dispute.

521.1 General Requirements and Scope — Adds new Part 521 regarding Provider Compliance Plans. Identifies types of providers required to adopt and implement compliance plans.

521.2 Definitions — Adds new part 521.2 incorporating definitions from Parts 504 and 515. Defines terms relevant to providers required to adopt and implement compliance plans.

521.3 Compliance Program Provider Duties — Adds new part 521.3 delineating provider duties regarding scope of compliance plans and certifications.

521.4 Determination of Adequacy of Compliance Program — Adds new part 521.4 providing for determinations of adequacy of compliance programs. Subjects providers to sanctions or penalties for failure of providers to have satisfactory compliance programs.

CONTACT PERSON:

Sharon G. Miller, General Counsel

Office of the Medicaid Inspector General

Riverview Center

150 Broadway, 4th Floor

Albany, NY 12204

(518) 408-0916 OFFICE

(518) 474-6773 FAX

Pursuant to Section 202-d of the State Administrative Procedure Act, the Department of Motor Vehicles presents its regulatory agenda for 2008. All references are to Title 15 of the New York Code of Rules and Regulations. The Department reserves the right to add, delete or modify any item presented in this agenda.

1. Amend Part 5 in relation to the Department's criteria to approve motorists in the “low-vision” program.

2. Amend Part 6 in relation to the qualifications and disqualifications of bus and school bus drivers and requirements related to motor carriers subject to Vehicle and Traffic Law Article 19-A.

3. Amend Part 28 in relation to the issuance of cab card documents under the International Registration Plan.

4. Amend Part 41 to conform New York State regulations to federal standards for brake efficiency, as set forth in 49 CFR 393.52 (commercial vehicle brake performance standards).

5. Amend Part 43 to conform New York State regulations to federal regulations for motor vehicle lighting, as set forth in 49 CFR 571.108.

6. Amend Parts 46 and 58 to permit the installation of a right side combination stop sign/mirror on school buses.

7. Amend Part 51 to conform New York State regulations to federal regulations governing tire standards.

8. Amend Part 76 in relation to regulation of driving schools and driving school instructors.

9. Amend Part 78 to indicate that a waiver or 10-day inspection extension does not meet the inspection requirements for a dealer. In addition, Part 78 would be amended to require additional information on the Bill of Sale, including complete vehicle identification information, the exact amount of the sale and information about the vehicle that was a “trade-in.” Finally, the term “place of business” would be defined.

10. Amend Part 79 to: reflect program changes for implementation of the NYTEST Shared Network concept to address the decreased need for the NYTEST machine; clarify, correct errors in the text and employ gender-neutral language; clarify that a temporary inspector certification card must have equivalent safety security features as the permanent inspector certification card; require that inspection receipts or invoices include all applicable motorist advisory notifications; and specify the documents that inspection stations are required to attach to the waiver certification form.

11. Amend Part 81 to conform the salvage examination fee to the statutory fee and to require bidders from any country, not just Canada, who bid at salvage pool auctions to register pursuant to Vehicle and Traffic Law section 415-a.

12. Amend Part 136 to revise the criteria for re-licensing problem drivers who pose a serious highway risk.

The New York State Office of Real Property Services is developing proposals to amend the following rules:

Revisions to the minimum qualification categories for county directors contained in section 188-4.2 of Title 9;

Revisions to the New York City assessor training rules contained in Subpart 188-8 of Title 9 to reflect Chapter 252 of the Laws of 2007;

Revisions to the provisions concerning the entry of owners' names on assessment rolls in Part 190 of Title 9;

Revision of the annual license fees for users of the Real Property System (RPS) contained in section 190-3.2 of Title 9;

Revisions to the agricultural assessment rules in Part 194 of Title 9 to reflect statutory changes;

Revisions to the taxable State land rules contained in Part 199 to accommodate electronic transmission of data; and

Restoration of the process for the annual fee to railroads in Part 200 of Title 9.

To obtain information or submit written comments regarding this regulatory agenda, contact James J. O'Keeffe, Acting Counsel, New York State Office of Real Property Services, 16 Sheridan Avenue, Albany, 12210-2714, (518) 474-8821.

Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act (SAPA), notice is hereby provided of the following rules which the Department of State is considering proposing but for which a rule making proceeding has not been commenced. All references are to Title 19 of the New York Code of Rules and Regulations. The Department of State's regulatory plans are subject to change and the Department reserves the right to add, delete, or modify any item herein. The Department is not required to propose for adoption any rule summarized in this regulatory agenda. In addition, the Department may propose a regulation for adoption which was not under consideration at the time that this regulatory agenda was submitted for publication.

This notice is also intended to provide small businesses, local governments, and public and private interests in rural areas with the opportunity to participate in the rule making process, as provided for in sections 202-b and 202-bb of SAPA.

As required by SAPA § 102-a, it is anticipated that small business guides will be developed for each rule being considered by the Division of Licensing Services. It is not anticipated that small business guides will be developed for rules being considered by any other division of the Department of State.

The public is welcome to send written comments on the Department of State's Regulatory Agenda to the contact person at the end of this list.

DIVISION OF CEMETERIES

Part 203

Considering repealing those regulations which have been codified under Not-for-Profit Corporation Law § 1517, and to add several new regulations concerning crematory maintenance and operations. Section 201.17

Considering amending section 201.17 dealing with lawn crypts.

DIVISION OF COASTAL RESOURCES

Chapter XIII

Considering amending regulations affecting state agency actions concerned with Waterfront Revitalization of Coastal Areas and Inland Waterways to strengthen and streamline these provisions.

CODES DIVISION

Parts 910–911

Considering adding provisions relating to energy efficiency standards for appliances and equipment. Certain such provisions have been adopted as emergency measures from time to time, commencing in December, 2006.

Part 1202

Considering amending this Part to make the provisions relating to the administration of the Uniform Fire Prevention and Building Code by the Department of State in certain local governments and counties substantially similar to the corresponding provisions in revised Part 1203 (which became effective on January 1, 2007), and to update the fee schedule currently contained in section 1202.7.

Part 1205

Considering amending this Part to make the procedures for variances under the State Uniform Fire Prevention and Building Code applicable to variances under the State Energy Conservation Construction Code, and to add new provisions relating to variances under the State Energy Conservation Construction Code.

Part 1208

Considering amending provisions relating to the minimum qualifications of code enforcement personnel.

Parts 1219–1228

Considering amending the Uniform Fire Prevention and Building Code to update its provisions.

Part 1240

Considering amending the State Energy Conservation Construction Code to update its provisions.

Part 1240

Considering adding provisions relating to the procedures for variances under the State Energy Conservation Construction Code.

DIVISION OF LICENSING SERVICES

Part 192

Considering amending Part 192 to require hearing aid dispensers to complete continuing education on infection control.

Sections 80.11 and 80.12

Considering repealing §§ 80.11 and 80.12, two obsolete regulations that require the Division of Licensing Services to compile hard-copy lists of real estate licensees.

Subpart 197-3

Considering adopting new subpart 197-3 to implement continuing education requirements for home inspectors.

Part 176

Considering amending Part 176 pertaining to qualifying education for real estate licensees.

Part 175

Considering amending Part 175 to extend and expand an existing cease and desist order for the Mill Basin area.

Part 175

Considering amending Part 175 to extend an existing cease and deist order for the Canarsie area.

Parts 1103, 1005, and 1107

Considering amending Parts 1103, 1005 and 1107 pertaining to qualifying education for real estate appraisers.

Part 198

Considering adding a new Part 198 pertaining to enforcement of the recently enacted ticket reseller licensing scheme.

Parts 176 and 177

Considering amending Parts 176 and 177 to implement a 30 hour remedial course for real estate salespeople.

Part 196

Considering amending Part 196 to implement a new education module for alarm installers.

Subparts 197-4 and 197-5

Considering adopting new subparts 197-4 and 197-5 to implement a Code of Ethics and Standards of Practice for home inspectors.

Part 197

Considering amendments to Part 197 to implement a new education module for home inspectors.

Section 1106.1

Considering amendments to Section 1106.1 to implement the 2008 version of the Uniform Standards of Professional Appraisal Practice.

Considering proposing regulations pertaining to the recently enacted document destruction licensing scheme.

Considering proposing regulations pertaining to bail enforcement agents.

OFFICE OF FIRE PREVENTION AND CONTROL

Part 429

Considering amendment of existing rule pertaining to fire safety standards for cigarettes to implement the provisions of Chapter 583 of the Laws of 2006.

Part 500

Considering revising existing rule pertaining to campus fire safety. Part 205 Considering an amendment/update to the Fire Mobilization and Mutual Aid Plan.

Part 400

Considering an amendment to the hearing rules of procedure to provide for adjudicatory proceedings and appeals pertaining to the cigarette fire safety program.

New Part 438

Considering addition of a new Part 438 to implement the provisions of Chapter 615 of the Laws of 2006 pertaining to the training of firefighters.

Considering addition of a new Part to implement the provisions of Chapter 21 of the Laws of 2006 pertaining to evacuation drills in buildings owned or leased in whole by the state or any agency thereof.

Considering addition of a new Part to implement the provision of Chapter 303 of the Law of 2007 pertaining to the creation of urban search and rescue teams and a technical rescue resource accreditation program.

The Department of State maintains a continuously updated regulatory agenda on its website. The address of this website is: www.dos.state.ny.us

To obtain information about or submit written comments concerning any item in this Regulatory Agenda, contact: Nathan A. Hamm, Office of Counsel, The Department of State, 41 State Street, Albany, New York 12231.

Pursuant to section 202-d of the State Administrative Procedure Act (SAPA), 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 State Register. Set forth below is an agenda for the first half of 2008. Section 202-d of SAPA 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.

Specialized Services

Add a new Part to implement section 11 of Chapter 74 of the Laws of 2007, which defined “human trafficking victim” and provided a mechanism to allow victims of human trafficking who are currently ineligible to receive social services to qualify for such services.

Child Well Being

Revise regulations for the distribution and assignment of child support collections resulting from the Federal Deficit Reduction Act of 2005.

Revise case closing criteria for child support cases.

Amend references to child support standards chart to reflect annual change in the federal poverty income guidelines amount and the self-support reserve.

Amend tax refund offset regulation to reflect changes resulting from the Federal Deficit Reduction Act of 2005.

Establish guidelines for the local child support enforcement units to follow in determining whether and under what circumstances a passport, which has been revoked, denied or suspended by the US Department of State due to non-payment of child support, may be released.

Revise desk review procedures addressing the accounting and disbursement of child support for certain current and former recipients of Public Assistance.

Amend procedures concerning the financial investigation of a putative father to facilitate the establishment of a child support order.

Revise regulation pertaining to federal incentive payments.

Revise regulation to address annual service fee for never assistance cases.

Employment and Economic Supports

Clarify provisions concerning the submission of a social security number as a condition of eligibility for Public Assistance.

Extend the deeming of an alien sponsor's income and resources to federally funded Safety Net Assistance.

Provide consistency between the Family Assistance Program and the Safety Net Assistance Program concerning the treatment of loans, income and resources.

Simplify the Public Assistance budgeting methodology for certain three generation households.

Provide local districts the opportunity to request waivers of face-to-face recertification interviews for Public Assistance recipients.

Amend regulations to add timeliness provisions for reporting changes in income for Public Assistance.

Revise regulations relating to methods of providing Home Energy Assistance Program (HEAP) payments to allow payments to be issued by both the State and the local social services districts.

Revise HEAP regulations to reflect current policy including incorporation of oil buying component rules.

Revise assessment regulations to make the requirements for exempt individuals in households without dependent children 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 to implement plain language requirements.

Establish additional guidelines regarding work activity definitions and work documentation and verification procedures to make them consistent with standards required by federal regulations implementing the Deficit Reduction Act of 2005.

Implement changes to participation rate regulations to conform to amendments to the Social Services Law 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.

Clarify how participation rates are calculated based on federal reporting requirements and clarify the calculation of two distinct Safety Net Assistance work participation rates.

Correct a technical error in regulation related to good cause for failing to comply with work requirements.

Identify cases that may be excluded from participation rates pursuant to federal Temporary Assistance for Needy Families (TANF) regulations.

Repeal provisions which permit foster care parents and individuals who are caring for a disabled household member to be deemed as community service participants as required by federal regulations implementing the Deficit Reduction Act of 2005.

Authorize shift of certain cases to non-TANF Family Assistance or to non-MOE (non-Maintenance of Effort) Safety Net Assistance to facilitate implementation of changes made by the Deficit Reduction Act of 2005.

Revise Food Stamp employment and training regulations to conform to federal regulations.

Update the determination of Food Stamp eligibility regulations to include Supplemental Security Income (SSI) live-alone New York State Nutrition Improvement Program provisions, education grant exclusions, and implementation of the Group Home Standardized Benefit Program.

Delete Food Stamp monthly reporting/retrospective budgeting references and add provisions for change reporting.

Delete provisions relating to Food Assistance Program.

Conform regulations concerning in-office interviews for Food Stamp applicants to federal requirements.

Clarify the policy regarding claims establishment and the collection process for Food Stamp overpayments.

Generally update Food Stamp regulations to conform to recent changes in the federal regulations.

Amend regulations to accommodate the anticipated statewide implementation of the Working Families Food Stamp Initiative.

Revise regulation regarding the budgeting of households with both Public Assistance recipients and SSI recipients.

Amend regulations to give the Commissioner authority to exempt certain categories of recipients from finger imaging requirements.

Amend regulations to eliminate the requirement that an application supplement be completed by adults who want to receive Safety Net Assistance after reaching the sixty-month time limit on TANF-funded assistance.

Audit and Quality Improvement

Allow the matching of finger images with the Division of Criminal Justice Services to identify clients who are fugitive felons, parole/ probation violators and clients who are incarcerated.

Amend regulations governing intentional program violations to make the State's requirements for a ten year disqualification from the Food Stamp Program consistent with the federal requirements set forth in the Code of Federal Regulations.

Reimbursement and Claims

Amend maintenance assistance sections to reflect new program categories under Welfare Reform.

Add a section on fiscal penalties/sanctions that may be applied to social services districts resulting from Welfare Reform requirements.

Replace administrative cost cap section with new material regarding the Flexible Fund for Family Services (FFFS) and the Local Administration Fund (LAF).

Amend employment section to reflect new program categories under Welfare Reform.

Amend regulations concerning reimbursement claiming to reflect current Federal and State requirements and current State and local district practices.

Technical Amendments

Implement provisions of Chapter 22 of the Laws of 2005 concerning the time to respond to requests for records under the Freedom of Information Law. Implement provisions of Chapter 182 of the Laws of 2006 concerning requesting and obtaining records by means of electronic mail.

Revise the regulations concerning eligibility for Public Assistance to reflect current terminology and policy.

Update references to the employment program from 12 NYCRR Part 1300 to 18 NYCRR Part 385.

Amend regulations concerning Veterans Assistance to reflect statutory requirements and current terminology.

Revise HEAP regulation containing an undesignated paragraph.

Revise fair hearings regulation to clarify a reference to the Office of Administrative Hearings.

Any questions concerning the items listed in this agenda can be referred to Jeanine Stander Behuniak, Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243. Telephone: (518) 474-9779. E-mail: [email protected]. ny.us. The regulatory agenda may be accessed on the Office of Temporary and Disability Assistance's website at www.otda.state.ny.us.