Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for inpatient, long term care, and non-institutional services to comply with recently enacted statutory provisions. The following provides clarification to provisions previously noticed on March 30, 2011, and notification of new significant changes:

All Services

• To clarify the previously noticed provision, the elimination of the trend factor has been revised to be effective on and after April 1, 2011 through March 31, 2013 and no greater than zero trend factors shall be applied. This is also revised to exclude residential health care facilities or units of such facilities that provide services primarily to children under 21 years of age, and to include hospital outpatient services. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($56) million.

• To clarify the previously noticed provision regarding the uniform two percent Medicaid payment reduction, the effective period is now April 1, 2011 through March 31, 2013. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($517.80) million.

Institutional Services

• Extends current provisions to services for the periods April 1, 2011 through March 31, 2013, the reimbursable operating cost component for general hospital inpatient rates will be established with the 2006 final trend factor equal to the final Consumer Price Index (CPI) for all Urban Consumers less 0.25%.

The State proposes to extend, effective April 1, 2011 through March 31, 2013, certain cost containment initiatives that were enacted in Chapter 81 of the Laws of 1995 and extended by subsequent legislation. The extended provisions are as follows: (1) hospital capital costs shall exclude 44% of major moveable equipment costs; (2) elimination of reimbursement of staff housing operating and capital costs; and (3) budgeted capital inpatient costs of a general hospital applicable to the rate year shall be decreased to reflect the percentage amount by which the budgeted costs for capital related inpatient costs of the hospital for the base year two years prior to the rate year exceeded actual costs.

The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($7.85) million.

• The Commissioner of Health shall incorporate quality related measures including, potentially preventable re-admissions (PPRs) and other potentially preventable negative outcomes (PPNOs) and provide for rate adjustments or payment disallowances related to same. Such rate adjustments or payment disallowances will be calculated in accordance with methodologies, as determined by the Commissioner of Health, and based on a comparison of the actual and risk adjusted expected number of PPRs and other PPNOs in a given hospital and with benchmarks established by the Commissioner. Such adjustments or disallowances for PPRs and other PPNOs will result in an aggregate reduction in Medicaid payments of no less than $51 million for the period April 1, 2011 through March 31, 2012, provided that such aggregate reductions shall be offset by Medicaid payment reductions occurring as a result of decreased PPRs for the period July 1, 2011 through March 31, 2011, and as a result of decreased PPRs and PPNOs for the period April 1, 2011 through March 31, 2012. The annual decrease in gross Medicaid expenditures, not previously noticed, for state fiscal year 2011/12 is ($4) million.

Long Term Care Services

• Continues, effective April 1, 2011 through March 31, 2013, the provision that rates of payment for RHCFs shall not reflect trend factor projections or adjustments for the period April 1, 1996 through March 31, 1997.

Extends current provisions to services for the periods April 1, 2011 through March 31, 2013, the reimbursable operating cost component for RHCFs rates will be established with the final 2006 trend factor equal to the final Consumer Price Index (CPI) for all urban consumers less 0.25%.

Continues, effective April 1, 2011 through March 31, 2013, the long-term care Medicare maximization initiatives.

The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($214) million.

• Effective April 1, 2011, for inpatient services provided by residential health care facilities (RHCFs), the Commissioner of Health may grant approval of temporary adjustments to Medicaid rates to provide short term assistance to eligible facilities to accommodate additional patient services requirements resulting from the closure of other facilities in the area, including but not limited to additional staff, service reconfiguration, and enhancing information technology (IT) systems.

– Eligible facilities shall submit written proposals demonstrating the need for additional short-term resources and how such additional resources will result in improvements to the cost effectiveness of service delivery; quality of care; and other factors. Written proposals must be submitted to the department at least sixty days prior to the requested effective date of the temporary rate adjustment. The temporary rate adjustment shall be in effect for a specified period of time and at the end of the specified timeframe, the facility will be reimbursed in accordance with otherwise applicable rate-setting methodologies. The commissioner may establish, as a condition of receiving such a temporary rate adjustment, benchmarks and goals to be achieved in accordance with the facility's approved proposals and may also require that the facility submit periodic reports evaluating the progress made in achieving the benchmarks and goals. Failure to achieve satisfactory progress, as determined by the commissioner, in accomplishing such benchmarks and goals shall be a basis for ending the facility's temporary rate adjustment. The estimated increase in Medicaid expenditures for the rate increases will be offset by the decrease in Medicaid expenditures resulting from the closure of other providers.

• The 2002 rebasing methodology and the 2002 wage equalization factor methodology will be extended and will remain in effect until such time as the Statewide pricing methodology takes effect. Case mix adjustments as scheduled for July 2011 will not be made.

– The regional pricing methodology previously approved to be effective July 1, 2011 for inpatient services provided by residential health care facilities is replaced with a Statewide pricing methodology to be effective on or after October 1, 2011 but no later than January 1, 2012.

– The Statewide pricing methodology for the non-capital component of the rates of payment for inpatient services provided by residential health care facilities shall utilize allowable operating costs for a base year, determined by the Commissioner of Health by regulation, and shall reflect:

• A direct statewide price component adjusted by a wage equalization factor (which shall be periodically updated to reflect current labor market conditions) and other factors to recognize other cost differentials. The direct statewide price shall also be subject to a Medicaid-only case mix adjustment.

• An indirect statewide price component adjusted by a wage equalization factor (which shall be periodically updated to reflect current labor market conditions); and

• A facility specific non-comparable component.

– Such rate components shall be periodically updated to reflect changes in operating costs.

– The non-capital component of the "specialty" rates for AIDS facilities or discrete AIDS units within facilities; discrete units for residents receiving care in a long-term inpatient rehabilitation program for traumatic brain injured persons; discrete units providing specialized programs for residents requiring behavioral interventions; discrete units for long-term ventilator dependent residents; and facilities or discrete units within facilities that provide extensive nursing, medical, psychological and counseling support services solely to children shall be the rates in effect on January 1, 2009, as adjusted for inflation and rate appeals. The AIDS rates in effect January 1, 2009 shall be adjusted to reflect the elimination of the AIDS occupancy factor enacted in 2009. In addition, the trend factors attributable to 2008 and 2009 and included in such specialty rates shall be subject to the residential health care facility cap. The Commissioner may promulgate regulations, including emergency regulations, to implement the provisions of the methodology. The regulations will include provisions for rate adjustments or payment enhancements to facilitate a minimum four year transition of facilities to the methodology and may also include provisions for rate adjustments or payment enhancements to facilitate the transition of facilities to the rate-setting methodology and for facilitating quality improvements in residential health care facilities. The regulations will be developed in consultation with the nursing home industry and advocates for residential health care facility residents. The Commissioner shall notify the Chairs of the Legislative Fiscal Committees and Health Committees in the Senate and the Assembly of such regulations. There is no increase or decrease in gross Medicaid expenditures for state fiscal year 2011/12 (including the $210 million cap).

For the period May 1, 2011 through May 31, 2011, supplemental payments in an amount not to exceed $221.3 million will be made to eligible residential health care facilities as determined by the Commissioner of Health, which experienced a net reduction in their payment rate for the period April 1, 2009 through March 31, 2011 as a result of the 2002 rebasing methodology, Medicaid only case mix methodology, and the application of proportional adjustments required to be made by the application of the residential health care facility (RHCF) cap. In determining the net reduction, the impact of case mix adjustments applicable to July 2010 and certain rate adjustments processed for payment after October 19, 2010 will be disregarded by the Commissioner. The following facilities, as determined by the Commissioner, are eligible for such supplemental payments.

– Facilities which were eligible for Financially Disadvantaged distributions for the 2009 period; non- government owned or operated facilities whose total operating losses equal or exceed five percent of total operating revenue and whose Medicaid utilization equals or exceeds 70 percent (based on either their 2009 cost report or their most recently available cost report); and pediatric facilities or distinct units, which will receive a supplemental payment that is equal to 100 percent of the net reduction determined above.

– Eligible facilities, other than those described in the previous paragraph above will receive supplemental payments equal to 50 percent of their net reduction. Eligible facilities which after the application of these rate adjustments that remain subject to a net reduction in their inpatient Medicaid revenue which is in excess of two percent (as measured with regard to the non-capital components of facility inpatient rates in effect on March 31, 2009 computed prior to the application of trend factor adjustments attributable to the 2008 and 2009 calendar years), will have their payments further adjusted so that the net reduction does not exceed two percent. Eligible facilities which have experienced a net reduction in their inpatient rates of more than $6 million over the period April 1, 2009 through March 31, 2011, as a result of the application of proportional adjustments required to be made by the application of the RHCF cap, will have their payments further adjusted so that their net reduction is reduced to zero.

The supplemental payments previously described will not be subject to subsequent adjustment or reconciliation and will be disregarded for purposes of calculating the limitations on Medicaid rates required by the application of the residential health care facility cap.

Additional rate adjustments, in the form of rate add-ons, will be made to the eligible facilities previously described for the period May 1, 2011 through May 31, 2011 in an aggregate amount equal to 25% of the payments previously described (or 25% of $221.3 million which equals $55.3 million). The payments will be distributed to eligible facilities in the same proportion as the total $221.3 million of distributions made to each eligible facility.

The Commissioner may, with the approval of the Director of the Budget, and subject to the identification of sufficient nursing home related Medicaid savings to offset the expenditures authorized by this paragraph, make additional rate adjustments, in the form of rate add-ons, to the eligible facilities previously described, for the rate periods December 1, 2011 through December 31, 2012 in an aggregate amount equal to 12.5% of the payments previously described (or 12.5% of $221.3 million which equals about $27.7 million).

The annual increase in gross Medicaid expenditures for state fiscal year 2011/12 is $304.30 million.

• For the rate period April 1, 2011 through June 30, 2011 the non-capital component of residential health care facility rates will be subject to a uniform percentage reduction sufficient to reduce rates by $27.1 million. The dollar amount of this uniform reduction will be disregarded for purposes of calculating the limitations on Medicaid rates required by the application of the RHCF cap. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($27.1) million.

• Facilities that receive a Financially Disadvantaged (FD) payment, for the period May 1, 2010 through April 30, 2011, shall have their Medicaid rates for the rate period December 1, 2011 through December 31, 2011 reduced by an amount equal to such FD payments. FD payments made for the annual period May 1, 2011 through April 30, 2012, shall not be made. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($60) million.

• Effective April 1, 2011, the capital cost component of Medicaid rates of payment for services provided by RHCFs may not include any payment factor for return on or return of equity, or for residual reimbursement. In addition, provisions authorizing adjustments to the capital cost component of rates for proprietary facilities that would otherwise be eligible for residual reimbursement to take into account any capital improvements and/or renovations made to the facility's existing infrastructure for the purpose of converting beds to alternative long-term care uses or protecting the health and safety of patients are repealed. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($64) million.

Non-institutional Services

• Revision to the methodology used to establish peer groups for Federally Qualified Health Centers (FQHC's) to align the counties considered upstate and downstate with those used for the ambulatory care groups' methodology. The grouping methodology is used to determine reasonable costs for FQHC's in their respective region. The downstate region is defined as all counties comprising New York City, Nassau, Suffolk, Richmond, Westchester, Rockland, Putnam, Orange and Dutchess. All other counties are considered upstate. The annual increase in gross Medicaid expenditures for state fiscal year 2011/12 is $4.8M.

• Effective for the period April 1, 2011 through March 31, 2012, early intervention program rates for approved services rendered on and after April 1, 2011 shall be reduced by five percent. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($13) million.

Effective for the period April 1, 2011 through March 31, 2012, early intervention program rates for home and community based rates for approved services rendered on and after April 1, 2011 shall be adjusted to reflect updated wage equalization factors and overhead adjustments. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($2) million.

Effective July 1, 2011 early intervention program rates for home and community based rates for approved services rendered on and after July 1, 2011 shall be adjusted to reflect 15 minute billing increments. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($3) million.

• To clarify the previously noticed provision, the uniform payment reduction will not apply to physicians, nurse practitioners, midwives and dentists in the office setting; or to free-standing clinics and free-standing ambulatory surgery centers. The $37.5M balance of the ambulatory patient group investment will be reduced on April 1, 2011 to cover the cost of this exemption. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($12.3) million, and is included in the overall fiscal cited for the uniform across the board reduction under all services.

• Extends current provisions to services for the periods April 1, 2011 through March 31, 2011, the reimbursable operating cost component for general hospital outpatient rates and adult day health care services provided by RHCFs rates will be established with the final 2006 trend factor equal to the final consumer price index (CPI) for all urban consumers less 0.25%.

Continues, effective April 1, 2011 through March 31, 2011, certain cost containment initiatives currently in effect for Medicaid rates of payments. These are as follows: diagnostic and treatment center and certified home health agency administrative and general cost reimbursement limits; home health care Medicare maximization initiatives; hospital outpatient and emergency department reimbursement reductions attributable to exclusion of 44% of major moveable equipment capital costs; and elimination of staff housing costs.

The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($53.73) million.

• Physical therapy, occupational therapy, and speech-language pathology are federal optional Medicaid services. New York State Medicaid presently covers these rehabilitation services with no limits. In order to eliminate delivery of excessive and/or unnecessary services, effective October 1, 2011, the New York State Medicaid Program is establishing utilization limits for the provision of these rehabilitation services. Enrollees will be permitted to receive up to a maximum of 20 visits in a 12 month period each for physical therapy, occupational therapy, and speech-language pathology. The utilization limits will apply to services provided by practitioners in private practice settings as well as for services provided in Article 28 certified hospital outpatient departments and diagnostic and treatment centers (free-standing clinics). The service limits will not apply to services provided in hospital inpatient settings, skilled nursing facilities, or in facilities operated by the Office of Mental Health or the Office of Persons with Developmental Disabilities. Additionally, the utilization limits will not apply for services provided to Medicaid enrollees less than 21 years of age or to enrollees who are developmentally disabled. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($4.94) million.

• Effective for dates of service on and after May 1, 2011, coverage of enteral formula and nutritional supplements for adults age 21 and over will be limited to formula administered by feeding tube or formula for treatment of an inborn metabolic disease, or to address growth and development problems in children. This will preserve coverage for medical need and eliminate coverage of orally consumed formulas for adults who can obtain nutrients through other means. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($30.8) million.

The estimated annual net aggregate decrease in gross Medicaid expenditures attributable to reform and other initiatives contained in the budget for state fiscal year 2011/2012 is ($749.12) million.

Copies of the proposed state plan amendments will be on file in each local (county) social services district and available for public review.

For the New York City district, copies will be available at the following places:

New York County

250 Church Street

New York, New York 10018

Queens County, Queens Center

3220 Northern Boulevard

Long Island City, New York 11101

Kings County, Fulton Center

114 Willoughby Street

Brooklyn, New York 11201

Bronx County, Tremont Center

1916 Monterey Avenue

Bronx, New York 10457

Richmond County, Richmond Center

95 Central Avenue, St. George

Staten Island, New York 10301

The public is invited to review and comment on this proposed state plan amendment.

For further information and to review and comment, please contact: Department of Health, Bureau of HCRA Operations and Financial Analysis, Corning Tower Building, Rm. 984, Empire State Plaza, Albany, NY 12237, (518) 474-1673, (518) 473-8825 (FAX), e-mail: [email protected]

The Department of Health is proposing to modify its two 1115 waivers, the Partnership Plan (PP) 11-W-00114/2 and the Federal-State Health Reform Partnership (F-SHRP) 11-W-00234/2, as part of a major redesign of New York State's Medicaid program. Changes affecting the State's waiver programs are intended to streamline and maximize enrollment in managed care programs, simplify the program, improve quality of care and reduce costs.

Changes are effective on or after April 1, 2011, as indicated.

A. Expand Medicaid Managed Care Enrollment of Non-duals

The State is proposing to amend its federal Social Security Act Section 1115 waivers, the Partnership Plan (PP) 11-W-00114/2 and the Federal-State Health Reform Partnership (F-SHRP) 11-W-00234/2, to expand enrollment in Medicaid managed care programs by requiring some of the populations previously exempt or excluded to enroll in a managed care organization (MCO). Enrollment of the new populations will be phased in over three years beginning July 2011.

Beginning 7/1/11, the following individuals will be required to enroll in a managed care plan:

• Individuals in the Recipient Restriction Program

Beginning 10/1/11, the following individuals will be required to enroll in a managed care plan:

• Individuals who have a relationship with a primary care provider not participating in any MCOs

• Individuals living with HIV (outside of New York City)

• Individuals without a choice of primary care provider within 30 miles or 30 minutes

• Non-SSI adults diagnosed as seriously and persistently mentally ill and non-SSI children diagnosed as severely emotionally disturbed

• Individuals temporarily living outside of their home district

• Pregnant women whose prenatal provider does not participate in any MCOs

• Persons receiving Mental Health Family Care

• Individuals who cannot be served by a managed care provider due to a language barrier.

Beginning 10/1/11, the following exemption from enrollment will be limited to 6 months or the completion of a course of treatment, whichever occurs first:

• Individuals with chronic medical issues under the care of a specialist provider not participating in any MCOs

Beginning 4/1/12, the following individuals will be required to enroll in a managed care plan:

• Individuals enrolled in the Long Term Home Health Care Program (LTHHCP) where capacity exists will have the option to opt out of Mainstream Managed Care and enroll in the Managed Long Term Care program

• Individuals with characteristics and needs similar to those in the LTHHCP

• Individuals with end stage renal disease

• Individuals receiving services through the Chronic Illness Demonstration Program

• Homeless persons

• Infants under 6 months of age who were born weighing under 1200 grams or are disabled

• Adolescents admitted to Residential Rehabilitation Services for Youth (RRSY) programs

Beginning 10/1/12

• Residents of residential health care facilities (nursing homes)

Beginning 4/1/13, the following individuals will be required to enroll in a managed care plan providing program features are in place:

• Residents of an intermediate care facility for the mentally retarded or developmentally disabled (ICF/MR or ICF/DD)

• Individuals with characteristics and needs similar to residents of an ICF/MR

• Individuals receiving services through the Nursing Home Diversion and Transition waiver

• Residents of Long Term Chemical Dependence programs

• Children enrolled in the Bridges to Health (B2H) foster care waiver program

• Non-institutionalized foster care children living in the community

• Individuals receiving services through a Medicaid Home and Community-based Services Waiver (these individuals may enroll while remaining in the waiver program)

• Individuals with characteristics and needs similar to those receiving services through a Medicaid Home and Community-based Services waiver

• Individuals receiving services through a Medicaid Model Waiver waiver (Care at Home) Program (these individuals may enroll while remaining in the waiver program)

• Individuals with characteristics and needs similar to those receiving services through a Medicaid Model Waiver (Care at Home) Program

• Individuals eligible through the Medicaid Buy-In for the Working Disabled (those who pay a premium and those who pay no premium)

• Residents of State-operated psychiatric centers

• Blind or disabled children living separate and apart from their parents for 30 days or more

• Institutional foster care children

B. Streamline the Enrollment Process

Effective on or after 10/1/2011, the State proposes to streamline the enrollment process by standardizing the period during which all beneficiaries may select a plan. New applicants will be required to indicate their choice of plan at the time of application for Medical Assistance (MA), and if they do not choose a plan, they will be auto-assigned to a plan using the existing process. Persons already in receipt of MA will have 30 days from the day the local district or State indicates to choose a plan. If they do not choose a plan within that 30 day window, they will be auto-assigned to a plan. Pregnant women will be required to choose a plan when they apply for presumptive eligibility and will be auto-assigned after 30 days if they fail to do so.

C. Pharmacy "Carve-in" and Other Benefit Changes

Effective on or after 10/1/2011, pharmacy services will be included in the Medicaid managed care and FHPlus benefit packages. For Medicaid managed care only, personal care agency services will become the responsibility of Medicaid managed care plans effective 7/1/2011, and effective 10/1/2012, nursing facility care will be included in the benefit package.

D. Mandatory Enrollment of Medicaid Eligibles in Managed Long Term Care

Effective April 1, 2012 the State will require the transition and enrollment of people who meet the following criteria into Managed Long Term Care (MLTC) plans or other care coordination models approved by the Commissioner of Health: age 21 and older; eligible for Medicare and Medicaid; and, in need of community-based long term care services for more than 120 days. Non-dually eligible disabled adults who meet these criteria will have the option of joining a MLTCP in lieu of an MMC plan. Three MLTC models now operate in New York – the Program of All-Inclusive Care for the Elderly (PACE), Medicaid Advantage Plus (MAP) and partially-capitated plans. Partially capitated plans are expected to be the primary type of plan these individuals will enroll in because there is no requirement for concurrent Medicare enrollment. However, where available and when additional plan-specific enrollment criteria are met, people will have an option to select PACE or MAP as well.

Mandatory enrollment will begin in New York City and be phased-in throughout the rest of the State as plan capacity is developed. People who are in the Assisted Living Program, Nursing Home Transition and Diversion waiver, Traumatic Brain Injury waiver and those served through the Office People with Developmental Disabilities would be exempted from mandatory enrollment in a MLTC program until the State develops appropriate program features for these populations.

Additional information concerning the Partnership Plan and the proposal can be obtained by writing to: Department of Health, Division of Managed Care, Empire State Plaza, Corning Tower, Rm. 1927, Albany, NY 12237

1115 waiver information is also available to the public on–line at www.nyhealth.gov

Written comments concerning extension of the program will be accepted at the above address for a period of thirty (30) days from the date of this notice.

On April 12, 2011, by Resolution 365-2011, the Town of Oyster Bay awarded a contract to Winters MSW Holdings, LLC pursuant to section one hundred twenty-w of the general municipal law for the transfer, haul and disposal of solid wastes from the Town of Oyster Bay Solid Waste Disposal District. The validity of this contract or the procedures which led to its award may be hereafter contested only by action, suit or proceeding commenced within sixty days after the date of this notice and only upon the ground or grounds that: (1) such award or procedure was not authorized pursuant to that section, or (2) any of the provisions of that section which should be complied with at the date of this publication have not been substantially complied with, or (3) a conflict of interest can be shown in the manner in which the contract was awarded; or by action, suit or proceeding commenced on the grounds that such contract was awarded in violation of the provisions of the Constitution.

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

In F-2011-0008, Verdant Power, LLC (Verdant) has applied to the Federal Energy Regulatory Commission (FERC), for a ten year hydrokinetic pilot license to install, operate and maintain up to 30, 5 meter diameter kinetic hydropower system 35 kW generators mounted on ten triframe mounts, as well as associated facilities, in the East Channel of the East River at Roosevelt Island, City of New York, New York County. Verdant Power, LLC proposes a phased approach and anticipates installing 3 units on 1 triframe during the third quarter of 2012, 6-9 additional units on 2-3 triframes during the third quarter of 2013 and the remaining units and triframes during the third quarter of 2014.

The stated purpose of the above mentioned proposal is "to generate up to 1 MW of emission-free electricity from the tides of the East River for delivery to New York City customers."

Verdant Power LLC's application materials are available at the Department of State's Albany office. Verdant's federal application materials are available at http://www.ferc.gov/docs-filing/elibrary.asp under docket # P-12611.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, May 27, 2011.

Comments should be addressed to: Division of Coastal Resources, Department of State, One Commerce Plaza, 99 Washington Ave., Suite 1010, Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

A draft amendment to the Town of Southold Local Waterfront Revitalization Program (LWRP) has been prepared pursuant to provisions of the New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act and the New York State Coastal Management Program (NYS CMP).

The LWRP serves as a comprehensive management program for the Town's Long Island Sound, Fishers Island Sound, Block Island Sound, Gardiners Bay and Peconic Bay waterfront resources, and was approved by the New York State Secretary of State on May 10, 2005 and incorporated into the State Coastal Management Program on November 2, 2005.

A major component of the State's CMP and the Waterfront Revitalization and Coastal Resources Act (Article 42 of the NYS Executive Law) involves designation of coastal fish and wildlife habitats which are significant due to ecosystem rarity, vulnerable species, human use, population levels, or replaceability. The CMP calls for areas so designated to be protected, preserved, and where practical, restored so as to maintain their viability as habitats.

In 2005, upon approval of the Secretary of State, the descriptions and narratives for a number of existing Significant Coastal Fish and Wildlife Habitats (SCFWH) located in Long Island Sound and Peconic Bay were revised to better reflect current conditions, and new SCFWHs were also designated. All of the changes to the Long Island Sound and Peconic Bay SCFWHs were incorporated into the New York State Coastal Management Program (CMP), as a Routine Program Implementation Action. This LWRP amendment reflects the modifications to the SCFWHs located within the Town of Southold's coastal area, such as revisions to the habitat narratives and boundaries of the Mattituck Inlet Wetlands and Beaches, and Fishers Island Beaches/ Pine Islands and Shallows SCFWHs, and the inclusion of the Goldsmith Inlet and Beach, Pipes Cove Creek and Moores Drain, and Dumpling Islands and Flat Hammock as new SCFWHs. This amendment also reflects revisions to Chapter 268 of Southold's Town Code (Waterfront Consistency Review) which will strengthen the ability of the Town to implement the LWRP by assuring that Town actions are undertaken in a manner consistent to the maximum extent practicable with the LWRP.

Upon approval by the Secretary of State, the Department of State intends to request the incorporation of the Southold LWRP amendment into the NYS CMP.

To approve this amendment to the Southold LWRP, pursuant Article 42 of the NYS Executive Law, it is required that potentially affected State, federal, and local agencies be consulted to assure that it does not conflict with existing policies and programs. For this purpose, the draft Southold LWRP amendment is available online, at http://nyswaterfronts.com/LWRP.asp. The draft LWRP amendment was accepted by the New York State Department of State as complete and is now available for review by potentially affected State, federal, and local agencies and the general public. Comments on the draft LWRP amendment are due by May 20, 2011.

Comments on the Draft Town of Southold LWRP amendment should be submitted by May 20, 2011 to: Kevin Millington, Department of State, Office of Coastal, Local Government and Community Sustainability, 99 Washington Ave., Suite 1010, Albany, NY 12231-0001, (518) 473-2479

WHEREAS, Article 8-B of the Partnership Law, requires registered limited liability partnerships and New York registered foreign limited liability partnerships to furnish the Department of State with a statement every five years updating specified information, and

WHEREAS, the following registered limited liability partnerships and New York registered foreign limited liability partnerships have not furnished the department with the required statement, and

WHEREAS, such registered limited liability partnerships and New York registered foreign limited liability partnerships have been provided with 60 days notice of this action;

NOW, THEREFORE, I, Ruth Noemí Colón, Acting Secretary of State of the State of New York, do declare and proclaim that the registrations of the following registered limited liability partnerships are hereby revoked and the status of the following New York foreign limited liability partnerships are hereby revoked pursuant to the provisions of Article 8-B of the Partnership Law, as amended:

DOMESTIC REGISTERED LIMITED

REGISTERED LIMITED LIABILITY PARTNERSHIP REVOCATION OF REGISTRATION

A

A. JAMES DE BRUIN & SONS, LLP (95)

ALLEN JOHNSON & LONERGAN, LLP (95)

ANDREAS ESBERG & COMPANY, LLP (95)

ANDREOZZI & FICKESS, LLP (04)

ANESTHESIA ASSOCIATES OF BAY RIDGE, LLP (00)

ANTONUCCI LAW FIRM LLP (95)

ATKINSON & HEFFRON, LLP (05)

AURORA PET HOSPITAL, LLP (05)

B

B FIVE STUDIO LLP (95)

BART AND SCHWARTZ, LLP (00)

BATH AVENUE ANIMAL CLINIC, L.L.P. (00)

BECKHARD RICHLAN SZERBATY + ASSOCIATES, LLP (95)

BELDING, FRANCO, GLEASON, DRAGONE & O'BRIEN, LLP (95)

BELKIN BURDEN WENIG & GOLDMAN, LLP (95)

BENDER, CICCOTTO & CO., C.P.A.'S, L.L.P. (95)

BENTEL & BENTEL, ARCHITECTS/PLANNERS, LLP (95)

BERWITZ & DITATA LLP (00)

BLATT & DAUMAN LLP (04)

BLOOM & CO., LLP (00)

BRAND BRAND NOMBERG & ROSENBAUM, LLP (04)

BRATSAFOLIS & FEINERMAN, LLP (05)

BRONSTEIN, VAN VEEN & SCHUCK, LLP (05)

BUFFALO EMERGENCY ASSOCIATES, L.L.P. (00)

BURKE, ALBRIGHT, HARTER, & REDDY, LLP (95)

C

CAMERON ERSKINE LLP (05)

CAMPBELL & SHELTON LLP (04)

CARABBA, LOCKE LLP (99)

CARLOS M. VELAZQUEZ & ASSOCIATES, LLP (05)

CASPER & FISCHER, LLP (05)

CASTLE HILL MEDICAL CARE LLP (05)

CASTRO & KARTEN LLP (00)

CATSKILL NEUROSCIENCES & RADIOLOGY ASSOCIATES, LLP (00)

CHEHEBAR & DEVENEY LLP (05)

CHRISTOPHER CHIROPRACTIC CENTER, L.L.P. (00)

CLARK, CUYLER, MAFFEI & MEDEROS, LLP (05)

COFFINAS & COFFINAS, LLP (00)

COLAMARINO & SOHNS, LLP (95)

COLEMAN, RHINE & GOODWIN LLP (95)

CONDOR ROCK CONSULTING, LLP (04)

COSTAS KONDYLIS AND PARTNERS LLP (00)

CRONIN & VRIS, LLP (00)

CUSACK & STILES LLP (95)

D

D&K CHIROPRACTIC OF NEW YORK, LLP (05)

DECKER, DECKER, DITO & INTERNICOLA, LLP (05)

DEERPARK ANESTHESIA GROUP, LLP (05)

DELANNEY & ASSOCIATES, LLP (05)

DELANNEY & ASSOCIATES, LLP (05)

DELAWARE PEDIATRIC ASSOCIATES, LLP (05)

DEMASCO, SENA & JAHELKA LLP (00)

DENTAL ARTS OF GLEN COVE, LLP (05)

DENTO FACIAL ASSOCIATES OF NEW YORK, LLP (95)

DEVINE & MCCORMICK LLP (00)

DICKERSON TOMASELLI & MULLEN LLP (05)

DRAGA EYE CARE & SURGERY ASSOCIATES, LLP (95)

DURBEN & TOSTI, LLP (95)

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E, R AND O TELE COMMUNICATIONS, LLP (05)

EARYES ALU, LLP (05)

EE&K RESIDENTIAL ARCHITECTURE, RLLP (05)

EISENBERG & MARGOLIS, LLP (05)

EISENBERG & SCHNELL, LLP (00)

ELEFANTE & PERSANIS, LLP (00)

ELHILOW & MAIOCCHI, LLP (95)

ELMWOOD PEDIATRIC GROUP, LLP (95)

ENGEL, MCCARNEY & KENNEY LLP (05)

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FLANAGAN, COOKE & FRENCH, LLP (00)

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FORENSIC PSYCHOLOGY ASSOCIATES, LLP (05)

FRANK & ZIMMERMAN & COMPANY, LLP (95)

FRIEDMAN, HIRSCHEN & MILLER LLP (05)

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GENSER, DUBOW, GENSER & CONA LLP (99)

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GIOVANNIELLO & UDELL CPAS LLP (95)

GOLDSTEIN, BULAN & CHIARI, LLP (95)

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GOSMAN & DIAMOND, LLP (00)

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HIRSCH, LEVINE, GREENE, INDRIOLO & HISIGER, L.L.P. (99)

HOFFMAN & ROTH, LLP (95)

HOLLYER BRADY BARRETT & HINES LLP (95)

HUDSON VALLEY BONE AND JOINT SURGEONS LLP (95)

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JOSEPH M. SIMANTOV & ASSOCIATES, LLP (05)

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KELLY MASSAD LLP (95)

KIERNAN, ANGIULO & HOROWITZ, LLP (00)

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LENSON LAW GROUP, LLP (04)

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LEVITT & VOGEL LLP (95)

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LOCKE PARTNERSHIP, LLP (00)

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LONG POND PEDIATRICS, LLP (00)

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MICHAEL F. WEISS, M.D. AND SHERYL S. COHEN, M.D., LLP (00)

MICHAEL TARTELL, M.D. AND SPYROS A. HARISIADIS, M.D., LLP (95)

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SESSLER & CHILEWICH, L.L.P. (99)

SHANDELL, BLITZ, BLITZ & ASHLEY, LLP (95)

SHAW, PERELSON, MAY & LAMBERT, LLP (95)

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FOREIGN REGISTERED LIMITED

NY REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP REVOCATION OF REGISTRATION

A

A.M. PEISCH & COMPANY, LLP (05) (VT)

B

BARITZ & COLMAN LLP (05) (FL)

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CAPITAL LAW GROUP, LLP (05) (DC)

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DPK&A ARCHITECTS, LLP (00) (PA)

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H2L2 ARCHITECTS/PLANNERS LLP (00) (PA)

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LINEBARGER GOGGAN BLAIR & SAMPSON, LLP (05) (TX)

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MATSON, DRISCOLL & DAMICO, LLP (00) (GA)

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NOERR LLP (05) (GE)

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OLENDERFELDMAN, LLP (05) (NJ)

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RAICE, PAYKIN, GREENBLATT, LESSER & KRIEG, LLP (05) (NJ)

Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code Regional Boards of Review. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Steven Rocklin, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2011-0108 Matter of Mario Vigliotta, Jabez Expiditing, 648 Horseblock Road, Farmingville, NY 11738, for a variance concerning life-safety requirements with ceiling heights in conjunction with alterations to a basement in a single-family dwelling.

Involved is a one-family dwelling, approximately 3,000 square feet in area, two stories in height of type VB construction, located at 93 Aspen Road, Mastic Beach, Town of Brookhaven, Suffolk County, New York.

2011-0113 Matter of Calamar- Jolelyn BOS, c/o Richard A. Molnar, VP, 3949 Forest Pkwy. for a variance concerning requirements for number of and handicap accessible toilets.

Involved is the construction of a two-story building of wood frame construction for permanent multiple dwelling occupancy, located at 100 Weiss Ave., Town of Orchard Park, County of Erie, State of New York.

2011-0118 Matter of William F. Cronin Jr., 116 Rosemary Lane, Centereach, NY 11720, for a variance concerning fire-safety requirements for door width to a dwelling unit, dwelling unit separation and minimum height under beams in conjunction with alterations to a basement in a single-family dwelling.

Involved is a single-family dwelling, of approximately 2,314 square feet in area, two stories in height of type VB construction, located at, 116 Rosemary Lane, Centereach, Town of Brookhaven, Suffolk County, New York.

2011-0126 Matter of Roger P. Smith, A.I.A., BBS Architecture and Engineering, 244 East Main Street, Patchogue, NY 11772, for a variance concerning fire-safety requirements for minimum design flood elevation heights in conjunction with the construction of a new Ferry Terminal.

Involved is a proposed Ferry Terminal, of a mixed B/S-2/A-3 (Business/Storage/Assembly) occupancy, approximately 5,825 square feet in area, one story in height of type VB construction, located at, Bayberry Walk, Village of Ocean Beach, Suffolk County, New York.

2011-0128 Matter of Bruce Dumbauld for Bergmann Associates, 200 First Federal Plaza, 28 East Main Street, Rochester, NY 14614, for a variance concerning Uniform Code requirements including relief from a required smoke control system. The subject building is classified as a B (business occupancy) college building three stories in height, of Type IIB (unprotected non-combustible) construction, and approximately 1000,000 square feet in gross area. The building is located at SUNY Oswego, Wilber Hall and Park Hall, in the City of Oswego, Oswego County, State of New York.

2011-0129 Matter of James P. Brasley, Architect, 10 Cambridge Court, Fairport, NY 14450, for a variance concerning Uniform Code requirements including relief from maintaining a required sprinkler system. The subject building is classified as an S1 (Moderate hazard storage occupancy) warehouse, three stories in height, of Type III (unprotected Ordinary) construction, and is approximately 161,091 square feet in gross area. The building is located at 243 Gorham Street, in the City of Canandaigua, Ontario County, State of New York.

2011-0130 Matter of David and Betty Thompson, 808 3rd Avenue, 106, Bradenton, FL 34205, for a variance concerning Uniform Code requirements including relief from sprinkler requirements. The subject building is classified as an R2 (Permanent occupancy residential) apartment building, four stories in height, of mixed Type Vb (unprotected wood frame) construction. The building is located at 409 South Main Street, in the City of Geneva, Ontario County, State of New York.

2011-0134 Matter of Adam Richter for T.Y. Lin International Engineering, Architecture & Land Surveying, PC, 255 East Avenue, Rochester, NY 14604, for an appeal of the code enforcement official's determination regarding distance of travel and the common path of egress travel. There are eight subject buildings which are classified as R-2 (residential permanent occupancy) townhouse buildings, three stories in height, of Type 5B (unprotected wood frame) construction, approximately 14,548 square feet in gross area. The buildings are located at Erie Harbor, 205-375 Mount Hope Avenue, in the City of Rochester, Monroe County, State of New York.

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice of the following:

Sealed bids for 2,506 tons more or less red pine, 1.6 MBF more or less white ash, 0.2 MBF more or less black cherry, 0.1 MBF more or less hard maple, 6 cords more or less misc. hardwood, located on Madison Reforestation Area No. 1, Stand(s) E-33, 51, 56, 60, 61 and 64, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY, 12233-5027 until 11:00 a.m., Thursday, May 5, 2011.

For further information, contact: Robert Slavicek, Supervising Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 7, 2715 State Hwy. 80, Sherburne, NY 13460-4507, (607) 674-4036