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

DIVISION OF ANIMAL INDUSTRY

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

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

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

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

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

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

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

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

Part 68: Consider amending animal health requirements to require tuberculosis surveillance on all captive cervid herds.

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

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

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

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

Telephone number: (518) 457-3502

DIVISION OF FOOD SAFETY AND INSPECTION

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

Part 261: Consider repeal of this Part and addition of a new Part 261, incorporating by reference 21 CFR Part 110.

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

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

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

Name of agency contact: John M. Luker, Assistant Director, Division of Food Safety and Inspection

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

Telephone number: (518) 457-4492

[email protected]

DIVISION OF MILK CONTROL AND DAIRY SERVICES

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

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

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

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

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

Telephone number: (518) 457-1772

DIVISION OF PLANT INDUSTRY

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

Part 110: Consider adding a new Part 110 which would establish certification standards for hemp seeds.

Part 139: Consider amending the Asian Long Horned Beetle quarantine to reflect the latest survey data and to release from regulation zones considered to be in “Eastern Queens.”

Part 140: Consider amendments to reduce the regulated area in Niagara County with respect to the Plum Pox Virus, clarify requirements for overwintering and susceptible nursery stock, and clarify the propagation ban on host material in Niagara County.

Part 141: Consider repeal of the Emerald Ash Borer quarantine.

Part 142: Consider adding a new Part 142 to establish regulations and quarantine boundaries for the European Cherry Fruit Fly, which has recently been found in Niagara County.

Part 143: Consider adding a new Part 143 to establish regulations and an external quarantine to protect New York State’s agricultural and natural resources from the Spotted Lanternfly.

Part 151: Consider amendments to reflect current technical practices in the analysis of commercial fertilizer as published in the latest version of the rules of the Association of Plant Food Control Officials.

Part 159: Consider amendments to the industrial hemp regulations to align them with the current version of Article 29 of the Agriculture and Markets Law and agency practices in the Industrial Hemp Program.

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

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

Telephone number: (518) 457-2087

BUREAU OF WEIGHTS AND MEASURES

Section 220.2: Consider adopting national standards for the specifications, tolerances, and regulations for commercial weighing and measuring devices as published in the 2018 edition of NIST Handbook 44.

Section 220.3: Consider allowing municipal weights and measures officials to charge an additional fee if a seal on a device is broken and adjustments are made.

Section 220.4: Consider increasing fees for metrology laboratory testing.

Section 220.5: Consider amendments to recognize bulk milk holding tank calibrations performed by the Federal Milk Market Administrator.

Section 220.5: Consider amendments to raise the testing frequency for timing devices.

Section 220.12: Consider increasing fees for type evaluations.

Part 221: Consider adopting NIST Handbook 130 standards for packaging, labeling, and methods of sale.

Section 221.11: Consider adopting national standards for the checking of the net contents of packaged goods as published in the 2018 edition of NIST Handbook 133.

Part 224: Consider adopting diameter size requirements for diesel fuel dispensers.

Part 224: Consider adopting current standards of the American Society for Testing Materials (ASTM) regarding gasoline (D4814), diesel (D975), kerosene (D3699), denatured fuel ethanol (D4806), ethanol flex fuels (D5798, D7794, and D4814), biodiesel (D6751), biodiesel blends (D975, D7467, and D6751), and E85 (16 CFR section 306.12). Also consider adopting stricter standards for levels of water in storage tanks, adopting standards for signs at dispensing devices used for the sale of ethanol flex fuels, and increasing the maximum percentage of alcohol in gasoline alcohol blends to 15 percent.

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

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

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

Telephone number: (518) 457-3146

DESIGNATED AGENCY REPRESENTATIVE: Rick Arnold, Esq.

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

Telephone number: (518) 457-2449

Pursuant to section 202-d of the State Administrative Procedure Act (SAPA), the Office of Children and Family Services (OCFS) is required to publish a regulatory agenda for those regulations it is considering for publication in the State Register. Set forth below is an agenda for 2018. OCFS reserves the right to add, delete or modify, without further notice, except as required by SAPA, any item or information presented herein as relating to its 2018 Regulatory Agenda. Section 202-d of SAPA does not preclude OCFS from proposing for adoption a regulation that is not described in this agenda, nor does it require OCFS to propose for adoption a regulation that is described in this agenda.

Amendment of Part 436 of Title 18 of the New York Codes, Rules and Regulations (NYCRR) to expand the definition of prospective relative guardian and continue Kinship Guardianship (KinGap) beyond age 18 for youth who had their KinGap agreement take effect prior to age 16, as long as the youth satisfies certain education, work or disability requirements. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of Parts 404, 413, 414, 415, 416, 417, 418-1 and 418-2 of Title 18 of NYCRR to clarify and amend specific existing regulatory citations, correct spelling and numbering issues, add needed health and safety requirements, rescind unnecessary regulations, and conform regulations that are inconsistent with recent federal guidance. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of Parts 408, 452, 453, 454, 455 and 462 of Title 18 of the NYCRR to update existing regulations regarding residential and non-residential services to victims of domestic violence to better comport with current federal and state statutes and to clarify existing requirements. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of sections 441.2, 441.18 and 441.23 of Title 18 NYCRR to amend the definitions of “child” and “searches” and to add requirements relating to the conditional release of juvenile delinquents. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of section 168.3 of Title 9 NYCRR to revise the requirements regarding the use of mechanical restraints on youth placed in the custody of the Office of Children and Family Services. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of section 168.7 of Title 9 of the NYCRR relating to the confidentiality of records of youth under the care and supervision of the Office of Children and Family Services. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of Part 180 of Title 9 of the NYCRR to implement statutory requirements relating to specialized secure detention facilities to include additional sections in Sub-part 180-3 setting forth administrative, operational and programmatic requirements. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Addition of Subpart 180-1 of Title 9 of the NYCRR to implement uniform standards and procedures for the establishment and operation of secure detention facilities. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Addition of Subpart 180-2 of Title 9 of the NYCRR to implement uniform standards and procedures for the establishment and operation of non-secure detention facilities. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of Part 182 of Title 9 of the NYCRR to update the requirements for the approval, certification and operation of runaway and homeless youth residential programs. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Any questions, comments or requests for information concerning the items listed in this agenda may be referred to Leslie Robinson, Senior Attorney, Office of Children and Family Services, 52 Washington Street, Rensselaer, NY 12144, (518) 486-9563. Email: [email protected]. This regulatory agenda may also be accessed on OCFS’ website at http://ocfs.ny.gov/main/legal/Regulatory/.

Pursuant to State Administrative Procedure Act (“SAPA”) Section 202-d, the following Regulatory Agenda is a list of the regulatory additions and amendments to Titles 3, 11, and 23 of the NYCRR that the New York State Department of Financial Services (“Department”) is presently considering proposing during 2018. Some of these items were previously published in the January 2017 Regulatory Agenda. Items that have already been published in the State Register as “proposed” actions are not included on the list. The Department’s regulatory plans are subject to change, and the Department reserves the right to add to, delete from, or modify items in the Regulatory 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 required by Sections 202-b and 202-bb of SAPA.

I. Insurance Regulations

For inquiries about a specific item, please contact the person identified in the item. For general inquiries about the Insurance Regulations included in this Regulatory Agenda, or to obtain copies of current Insurance Regulations, please contact:

Sally Geisel, Supervising Attorney

New York State Department of Financial Services

One State Street

New York, NY 10004

Telephone Number: (212) 480-7608

1. Summary description of proposal: Amendment of 11 NYCRR 390 (Service Contracts) (Insurance Regulation 155) to conform its provisions to later-enacted amendments to the service contract law and to strengthen consumer and financial protection provisions in the regulation. Agency contact: Barbara A. Kluger, Principal Attorney, Office of General Counsel – (212) 480-7211.

2. Summary description of proposal: Adoption of a new Part 5 to 11 NYCRR (Insurance Regulation 195) to implement the authority of the Superintendent of Financial Services under Insurance Law Section 316 to require an insurer or other person or entity making a filing or submission with the Superintendent to do so by electronic means, unless the insurer or other person or entity applies for, and the Superintendent grants, an exemption from the electronic filing requirement. Agency contact: Joana Lucashuk, Supervising Attorney, Office of General Counsel – (212) 480-2125.

3. Summary description of proposal: Amendment of 11 NYCRR 28 (Professional Bail Bond Agents) (Insurance Regulation 42) to provide standards designed to prevent the use of bail bond businesses in furtherance of organized crime and to protect collateral given by indemnitors for the purpose of posting bail. Agency contact: Paul Zuckerman, Assistant Deputy Superintendent and Counsel for Insurance, Office of General Counsel – (212) 480-5286.

4. Summary description of proposal: Amendment of 11 NYCRR 25 (Public Adjusters) (Insurance Regulation 10) to address amendments made to the Insurance Law by Chapter 546 of the Laws of 2013. Agency contact: Joana Lucashuk, Supervising Attorney, Office of General Counsel – (212) 480-2125.

5. Summary description of proposal: Amendment of 11 NYCRR 82 (Enterprise Risk Management and Own Risk and Solvency Assessment) (Insurance Regulation 203) to require a holding company and certain domestic insurers to describe their enterprise risk management functions in their enterprise risk reports and to clarify certain language. Agency contact: Joana Lucashuk, Supervising Attorney, Office of General Counsel – (212) 480-2125.

6. Summary description of proposal: Addition of a new subpart 65-6 to 11 NYCRR (Insurance Regulation 65-F), amendment of 11 NYCRR 65 (Regulations Implementing the Comprehensive Motor Vehicle Insurance Reparations Act) (Insurance Regulation 68), and amendment of 11 NYCRR 68 (Charges For Professional Health Services) (Insurance Regulation 83) to implement an alternative dispute resolution process for disputes involving claims of independent livery drivers that are processed pursuant to pre-authorization procedures and medical treatment guidelines set forth in 12 NYCRR 324, and other applicable provisions of Article 2 of the Workers’ Compensation Law. Agency contact: Camielle A. Barclay, Associate Attorney, Office of General Counsel – (212) 480-5299.

7. Summary description of proposal: Amendment of 11 NYCRR 65-3 (Claims for Personal Injury Protection Benefits) (Insurance Regulation 68-C) and the New York Motor Vehicle No-Fault Insurance Law Assignment of Benefits Form to prescribe that an insurer may void the assignability of all rights, privileges, and remedies to a health care provider (other than a hospital) from an eligible injured person through an executed assignment of benefits form if the insurer denies a claim because the eligible injured person failed to appear for a medical examination or examination under oath at the insurer’s request. Agency contact: Camielle A. Barclay, Associate Attorney, Office of General Counsel – (212) 480-5299.

8. Summary description of proposal: Adoption of a new Part 90 to 11 NYCRR to require an insurer to adopt a corporate governance function and submit to the Superintendent of Financial Services a corporate governance annual disclosure. Agency contact: Joana Lucashuk, Supervising Attorney, Office of General Counsel – (212) 480-2125.

9. Summary description of proposal: Amendment of 11 NYCRR 89 (Audited Financial Statements) (Insurance Regulation 118) to require an internal audit function, conform to an amendment to Insurance Law Section 1202, and make other technical amendments. Agency contact: Joana Lucashuk, Supervising Attorney, Office of General Counsel – (212) 480-2125.

10. Summary description of proposal: Adoption of a new Part 11 to 11 NYCRR to establish standards for insurers and certain other regulated persons regarding disaster planning, preparedness, and response. Agency contact: Joana Lucashuk, Supervising Attorney, Office of General Counsel – (212) 480-2125.

11. Summary description of proposal: Amendment of 11 NYCRR 216 (Unfair Claims Settlement Practices and Claim Cost Control Measures) (Insurance Regulation 64) to update Section 216.7 to clarify certain provisions in the regulation regarding motor vehicle physical damage claims. Agency contact: Hoda Nairooz, Supervising Insurance Examiner, Property Bureau – (212) 480-5595.

12. Summary description of proposal: Amendment of 11 NYCRR 65-4 (Arbitration) (Insurance Regulation 68-D) to amend rules related to both the manner in which the first party motor vehicle insurance arbitration programs are administered and the manner in which the costs of these programs are assessed to the insurance industry. Agency contact: Hoda Nairooz, Supervising Insurance Examiner, Property Bureau – (212) 480-5595.

13. Summary description of proposal: Amendment of 11 NYCRR 94 (Valuation of Individual and Group Accident and Health Insurance Reserves) (Insurance Regulation 56) to adopt the 2016 National Association of Insurance Commissioners (“NAIC”) Cancer Claim Cost Valuation Tables and other clarifications. Agency contact: Amanda Fenwick, Assistant Chief Life Actuary, Life Bureau – (518) 474-7929.

14. Summary description of proposal: Amendment of 11 NYCRR 98 (Valuation of Life Insurance Reserves) (Insurance Regulation 147) to allow insurers to continue to use the previously revised standards for varying premium term life insurance policies and universal life products with secondary guarantees issued in 2018. Agency contact: Amanda Fenwick, Assistant Chief Life Actuary, Life Bureau – (518) 474-7929.

15. Summary description of proposal: Amendment of 11 NYCRR 53 (Life and Annuity Cost Disclosure and Sales Illustrations) (Insurance Regulation 74) to revise and clarify the delivery, signature and certification form requirements for life insurance sales illustrations, including electronic delivery, for policies marketed with an illustration; to modify the basis used for illustrations for life insurance policies with non-guaranteed elements, including universal life; to add additional requirements on the disciplined current scale underlying the illustrations; and to require additional disclosures for such policies. Agency contact: Rebecca Bollam, Associate Insurance Attorney, Life Bureau – (518) 474-4552.

16. Summary description of proposal: Amendment of 11 NYCRR 50 (Separate Accounts and Separate Account Annuities) (Insurance Regulation 47) to establish revised standards for the operation of separate accounts, contract provisions, and actuarial requirements to reflect statutory changes, recent innovations in product design, and changes in contract administration of separate account and variable annuity products. Agency contact: Peter Dumar, Chief Insurance Attorney, Life Bureau – (518) 474-4552.

17. Summary description of proposal: Amendment of 11 NYCRR 100 (Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits) (Insurance Regulation 179) to allow insurers to continue to use the previously revised standards for varying premium term life insurance policies and universal life products with secondary guarantees issued in 2018. Agency contact: Amanda Fenwick, Assistant Chief Life Actuary, Life Bureau - (518) 474-7929.

18. Summary description of proposal: Amendment of 11 NYCRR 45 (Applications for Life Insurance) (Insurance Regulation 19) to expand Insurance Regulation 19 to apply to all life insurance policy forms containing any war or travel exclusion or restriction and to implement the amendment to Insurance Law Section 3201(c)(4) by expanding and describing the permissible formats for the disclosure required by Section 3201(c)(4) to appear on the face page of policy forms containing any war or travel exclusion or restriction. Agency contact: Rebecca Bollam, Associate Insurance Attorney, Life Bureau – (518) 474-4552.

19. Summary description of proposal: Amendment of 11 NYCRR 41 (Accelerated Payment of the Death Benefit Under a Life Insurance Policy) (Insurance Regulation 143) to address amendments made to the Insurance Law by Chapter 300 of the Laws of 2017 regarding accelerated payments of death benefits upon certification by a licensed health care practitioner that the insured is chronically ill. Agency contact: Rebecca Bollam, Associate Insurance Attorney, Life Bureau – (518) 474-4552.

20. Summary description of proposal: Amendment of 11 NYCRR 51 (Replacement of Life Insurance Policies and Annuity Contracts) (Insurance Regulation 60) to amend the regulation and revise the exhibits contained therein to accommodate new products, features and sales processes.

21. 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) (Insurance Regulation 62) to establish minimum standards for the form, content, and sale of policies and contracts of accident and indemnity insurance. Agency contact: Jason St. James, Senior Insurance Attorney, Health Bureau – (518) 486-7815.

22. Summary description of proposal: Adoption of a new Part 228 to 11 NYCRR (Issuance of Stop-Loss and Health Insurance Policies to Small Groups) to establish standards relating to the activities of insurers issuing stop-loss and health insurance policies to small groups in order to preserve and maintain the small group health insurance market in New York. Agency contact: Tobias Len, Assistant Chief, Health Bureau – (518) 486-7815.

23. 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) (Insurance Regulation 62) to establish minimum standards for the form, content, and sale of policies and contracts of dental insurance. Agency contact: Ryan Harrison, Senior Insurance Attorney, Health Bureau – (518) 486-7815.

24. Summary description of proposal: Amendment of 11 NYCRR 86 (Fraud Prevention Plans and Special Investigations Unit) (Insurance Regulation 95) to establish a requirement that a licensee required to submit a fraud prevention plan must revise its fraud prevention plan to reflect changes to the holding company, the lines of business that affect the Special Investigations Unit (“SIU”), and changes to SIU personnel or the provider of SIU services. Also, to revise Section 86.6(d) to correct the due date of the filing of the annual report from January 15 to March 15, in compliance with Insurance Law Section 409(g). Agency contact: Kathleen Grogan, Principal Examiner, Criminal Investigations Unit – (212) 480-5683.

25. Summary description of proposal: Amendment of 11 NYCRR 86 (Fraud Prevention Plans and Special Investigations Unit) (Insurance Regulation 95) to exempt certain health insurance claims forms from certain fraud warning requirements, to facilitate the usage of standard claims forms developed by the Centers for Medicare and Medicaid Services and the American Dental Association. Agency contact: Kathleen Grogan, Principal Examiner, Criminal Investigations Unit – (212) 480-5683.

II. Banking Regulations

For inquiries about the Banking Regulations included in this Regulatory Agenda, or to obtain copies of current Banking Regulations, please contact:

Christine M. Tomczak

Assistant Counsel

New York State Department of Financial Services

One State Street

New York, NY 10004

Telephone Number: (212) 709-1642

1. Summary description of proposal: Adoption of new rules to implement the provisions of legislation addressing the mortgage foreclosure-related issues in the state, including:

(a) rules governing the registration and financial responsibility requirements for mortgage loan servicers (rules on this subject were adopted on an emergency basis most recently on October 19, 2017); and

(b) rules governing the business conduct of mortgage loan servicers (rules on this subject were adopted on an emergency basis most recently on October 30, 2017).

2. Summary description of proposal: Amendments of Part 38 of the General Regulations of the Superintendent to enhance advertising, disclosure and conduct rules for mortgage bankers and brokers and to incorporate applicable changes under federal laws and regulations.

3. Summary description of proposal: Amendment of the Superintendent’s Regulations regarding the Banking Development District program.

4. Summary description of proposal: Various amendments of the Superintendent’s Regulations regarding check cashers, licensed lenders, money transmitters, sales finance companies, premium finance agencies and budget planners.

5. Summary description of proposal: Amendment of Part 41 of the General Regulations of the Superintendent to address threshold limits, the impact of lender paid fees, and otherwise to conform to the requirements of Section 6-l of the Banking Law.

6. Summary description of proposal: Amendment of Part 79 of the General Regulations of the Superintendent to incorporate advertising requirements for reverse mortgage loans and clarify the applicability of disclosure and filing requirements for U.S. Department of Housing and Urban Development ‘s (“HUD’s”) Home Equity Conversion Mortgage program.

7. Summary description of proposal: Amendment of Parts 410 and 413 of the Superintendent’s Regulations and Supervisory Procedures 101, 102, 103 and 104 to eliminate certain outdated regulatory requirements and to clarify language, the minimum licensing standards, and other requirements in connection with mortgage banker and mortgage broker applications.

8. Summary description of proposal: Adoption of new rules clarifying that when financial statements submitted to the Department are required by law or regulation to be audited, the external auditors who provide the audit opinion on the statements may not also perform bookkeeping services for the audited entity.

9. Summary description of proposal: Amendment of Supervisory Procedure CB 117 in connection with the Department’s consideration of adopting the interagency change of control application used by the federal financial institutions regulatory agencies.

10. Summary description of proposal: Adoption of a new regulation formalizing the assessment process for persons regulated under the Banking Law. (Rules on this subject were adopted on an emergency basis most recently on November 19, 2017.)

11. Summary description of proposal: Amendment of Part 322.7 of the Superintendent’s Regulations in connection with the elimination by the Federal Reserve System of the Strength of Support Assessment (SOSA) rating for all foreign banking organizations subject to the interagency program for supervising the U.S. operations of foreign banking organizations.

III. Financial Services Regulations

For specific inquiries about the Financial Services Regulations included in this Regulatory Agenda, or to obtain copies of current Financial Services Regulations, please contact the person identified in the item.

1. Summary description of proposal: Adoption of a new Part 2 to 23 NYCRR to establish uniform rules governing the procedures for adjudicatory proceedings before the Department of Financial Services. Agency contact: Eamon Rock, Attorney, Office of General Counsel – (518) 474-4567.

Part 2040 – Low-Income Housing Credit Qualified Allocation Plan and New York State Low-Income Housing Tax Credit Program

Consider amendments to the New York State Low-Income Housing Tax Credit (“SLIHC”) and federal Low Income Housing Credit (“LIHC”) regulations.

Part 2188 – Low-Income Housing Credit Qualified Allocation Plan

Consider amendments to the federal Low Income Housing Credit (“LIHC”) regulations.

Written comments or requests for information concerning Part 2040 may be submitted to Arnon Adler, New York State Homes and Community Renewal, Hampton Plaza, 38-40 State Street, Albany, New York 12207, (518) 486-5044; [email protected].

Written comments or requests for information concerning Part 2188 may be submitted to Mark Flescher, New York State Homes and Community Renewal, 641 Lexington Avenue, New York, New York 10022 (212) 872-0493; [email protected].

This agenda will be posted on the Agency’s website at http://www.nyshcr.org.

Pursuant to State Administrative Procedure Act (SAPA) § 202-d, the Office of Temporary and Disability Assistance (OTDA) is required to publish a regulatory agenda for those regulations that it is considering for publication in the New York State Register. Set forth below is an agenda for 2018. SAPA § 202-d does not preclude OTDA from proposing for adoption a regulation that is not described in the agenda, nor does it require OTDA to propose for adoption a regulation that is described in the agenda.

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

Part 301 – Veteran Assistance

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

Part 311 – Change of Residence

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

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

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

Part 346 – Support Collection

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

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

Part 347 – Establishment of Paternity and Enforcement of Child Support

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

Part 351 – Investigation and Eligibility

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

Part 352 – Standards of Assistance

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

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

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

Part 358 – Fair Hearings

Amend the definition of the fair hearing record as it pertains to decisions without a hearing.*

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

Amend regulations by adding a reference to a written notice to Medicaid appellants, who failed to appear at a scheduled fair hearing, advising how to request the rescheduling of such fair hearing and which states the right to aid-continuing, if previously authorized, extends to the deadline to respond to the notice.*

Part 359 – Disqualification for Intentional Program Violation

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

Part 369 – Family Assistance

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

Part 381 – Method of Payment

Amend regulations to clarify the issuance of benefits through restricted payments under all public assistance category types.*

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

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

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

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

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

Amend regulations to implement changes to the work activities that may be made available to individuals to include financial literacy consistent with Chapter 275 of the Laws of 2017.*

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

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

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

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

Revise regulations to implement changes to conciliation and employment sanctions procedures pursuant to Social Services Law §§ 341-a and 342-a.*

Part 387 – Supplemental Nutrition Assistance Program

Amend regulations to make technical updates to Part 387.

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

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

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

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

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

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

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

Part 393 – Home Energy Assistance Program (HEAP)

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

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

Part 491 – Shelters for Adults

Amend regulations to expand scope to include shelters for adults that currently are not certified by OTDA and to update and clarify applicable standards.*

Part 800 - Homeless Housing and Assistance Program (HHAP)

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

Part 900 – Shelters for Families

Amend regulations to expand scope to include shelters for families that currently are not certified by OTDA and to update and clarify applicable standards.*

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

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

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

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