New York State Annual Action Plan

To administer federal funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grants (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) programs, New York State must prepare an Annual Action Plan (AAP). New York State’s next AAP will describe the State’s anticipated use of federal CDBG, HOME, ESG, and HOPWA funds in 2017 to address affordable housing and community development needs identified in its Consolidated Plan for 2016-2020. This AAP will also describe the State’s methods for distributing these funds to local grantees.

The Public is encouraged to offer oral and/or written comments at Public Hearings on June 1, 2016 and June 2, 2016. On June 1st, the public hearing will be held from 1:30 pm until 2:30 pm. On June 2nd, the public hearing will be held from 9:30 am until 10:30 am. At these dates and times, hearings will be held concurrently at the following four New York State Division of Housing and Community Renewal offices: 641 Lexington Avenue in New York City; 38-40 State Street in Albany; 620 Erie Boulevard West in Syracuse; and 535 Washington Street in Buffalo. If needed, more time will be made available at each public hearing.

Each site is accessible to individuals with mobility impairments. Every effort will be made to accommodate persons with other special needs. To do so, it will be necessary to receive any requests no later than May 25, 2016. Individuals who seek additional information regarding the hearings may call DHCR’s toll-free number, 1-866-ASK-DHCR (275-3427).

Space may be limited in some locations: persons planning to attend a hearing are encouraged to pre-register by calling 1-866-ASK-DHCR (275-3427) or sending an e-mail to [email protected]. Speakers will be limited to five (5) minutes of testimony. Attendees must present a driver’s license or other government-issued photo ID upon entry.

All speakers are urged to provide a written copy of their testimony. Individuals who are unable to attend may submit comments to NYS HCR, Rachel Yerdon, 38-40 State St., Albany, NY 12207, or e-mail them to [email protected]. Written comments must be received no later than June 15, 2016. E-mail comments must also be sent by this date.

Pursuant to Section 33 of the Public Lands Law, the Office of General Services hereby gives notice to the following:

Notice is hereby given that the Department of Environmental Conservation has determined that 6619 Mutton Hollow Road, located in the Town of Great Valley, County of Cattaraugus, and the State of New York, in Lot 49 and 55, Township 3, Range 6 of the Holland Land Company’s Purchase, as surplus and no longer useful or necessary for state program purposes, and has abandoned the property to the Commissioner of General Services for sale or other disposition as unappropriated State land. This abandonment was approved February 22, 2016.

For further information, please contact: Thomas Pohl, Esq., Office of General Services, Legal Services, 41st Fl., Corning Tower, Empire State Plaza, Albany, NY 12242, (518) 474-8831, (518) 473-4973 fax

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

By means of a Public Notice in the March 30, 2016 edition of the State Register, the Department of Health announced its intent to amend the Title XIX (Medicaid) State Plan with respect to institutional, non-institutional, long term care, and prescription drug services. Some of these changes were in connection with budgetary proposals that ultimately were not included in the final State budget for fiscal year 2016/17, or were substantively modified before enactment. In addition, the enacted budget added provisions regarding reimbursement for pediatric ventilator services. The following updates the March 30, 2016 Public Notice.

Institutional Services

• Beginning on or after May 12, 2016, the Commissioner of Health is authorized to adjust an Article 28 hospital’s physical medical rehabilitation rate to reimburse for pediatric ventilator services.

There is no additional estimated annual change to gross Medicaid expenditures as a result of the clarifying proposed amendments.

Indigent Care

• The proposal regarding Intergovernmental Transfer Payments to eligible major public general hospitals run by counties and the State of New York is now effective for state fiscal years beginning April 1, 2016 through March 31, 2019.

Non-Institutional Services

• The proposal regarding Early Intervention Program rates for approved services rendered on or after April 1, 2016 to be increased by one percent was not included in the budget for state fiscal year 2016/2017, and will not be pursued at this time.

• The proposal regarding eligibility procedures for streamlining infants and toddlers referred to the Early Intervention Program (EIP) was not included in the budget for state fiscal year 2016/2017, and will not be pursued at this time.

• The proposal regarding cost-sharing limits applied to Medicare Part C (Medicare Advantage or Medicare managed care) claims is being amended to reflect the enacted provisions of the budget for state fiscal year 2016/2017. Under the enacted budget, Medicaid payment will now be limited to eighty-five percent of the amount of any co-payment or co-insurance liability. The provider would be required to accept the Medicare Part C health plan payment and any Medicaid payment as payment in full for the service and the member could not be billed for any co-payment/co-insurance amount that was not reimbursed by Medicaid.

The estimated annual net aggregate decrease in Medicaid expenditures attributable to this initiative contained in the budget for state fiscal year 2016/2017 is ($11.45 million) gross.

Prescription Drugs:

• The proposal regarding establishing price ceilings on critical prescription drugs for which there is a significant public interest in ensuring rational pricing by drug manufacturers, was not included in the budget for state fiscal year 2016/2017, and will not be pursued at this time.

• The proposal that would have limited fee-for-service reimbursement for a pharmacy prescription drug designated as a specialty drug by one or more Medicaid managed care providers to the amount such providers pay for the drug was not included in the budget for state fiscal year 2016/2017, and will not be pursued at this time.

• Clarifies the initiative previously noticed March 30, 2016, regarding the price of a generic prescription drug dispensed to a NYS Medicaid enrollee (managed care or fee-for-service) increases at a rate greater than three hundred percent of its State maximum acquisition cost (SMAC) in comparison to its SMAC at any time during the course of the preceding twelve months, the commissioner of health is authorized to require the drug manufacturer to provide rebates to the Department, limited to the amount by which the current SMAC for the drug exceeds three hundred percent. Such rebates shall be in addition to any rebates payable to the Department pursuant any other provision of federal or state law. During State fiscal year 2016-2017, if the Centers for Medicare and Medicaid Services has adopted a final methodology for determining the amount of additional rebates under the federal generic drug price increase rebate program pursuant to 42 U.S.C. § 1396r-8(c)(3), as amended by section 602 of the Bipartisan Budget Act of 2015, the department may collect for a given drug the portion of the rebate determined under this paragraph that is in excess of the rebate required by such federal rebate program.

The estimated annual net aggregate decrease in gross Medicaid expenditures attributable to this initiative contained in the budget for state fiscal year 2016/2017 is ($47.5 million) and state fiscal year 2017/2018 ($47.5 million).

The public is invited to review and comment on this proposed State Plan Amendment. Copies of which will be available for public review on the Department’s website at http://www.health.ny.gov/regulations/state_plans/status.

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

For further information and to review and comment, please contact: Department of Health, Division of Finance and Rate Setting, 99 Washington Ave., One Commerce Plaza, Suite 1460, Albany, NY 12210, e-mail: [email protected]

A meeting of the New York State Board of Real Estate Appraisal will be held on May 23, 2016 at 10:30 a.m. at the Department of State, 99 Washington Ave., Rm. 505, Albany; 65 Court St., Rm. 208, Buffalo; and 123 William St., Rm. 231, New York City.

Should you wish to attend or require further information, please contact Sharon Charland, Board Coordinator, at [email protected] or (518) 473-2733.

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-2015-1065, Selkirk Lighthouse & Marina, is proposing to repair the existing erosion and protect the shoreline by adding a large rip-rap along the eastern shore of Salmon River near the mouth to Lake Ontario, in the Town of Richland. Selkirk Lighthouse & Marina proposes to construct approximately 170-feet of machined placed rip-rap wall to repair and provide erosion protection of the existing shoreline. The rip-rap will be placed at a max of 2H:1V slope. Rip-rap will be placed to re-align the shoreline where areas have been eroded. Some vegetative shoreline stabilization may be used as well, particularly in front of the one-story building in the northern portion of the project area. The total amount of fill placed below the mean high water line is a minimum of 48 CYS. Approximately 30 CYS will be removed and live loaded/removed offsite to allow the placement of the setting stone prior to placing the large machined place rip-rap. A turbidity curtain will be installed and a tracked excavator will be used from upland to prepare and place the large rip-rap. The stated purpose of the proposed action is the “Protection/restoration of shoreline and property.”

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, May 26, 2016.

Comments should be addressed to the Consistency Review Unit, Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected]

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

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-2016-0030, 780 Piermont Avenue Property Owners Association Inc., is proposing to replace lost timber pier supported by cribbing with a pile supported pier and platform, and to resurface the existing concrete bulkhead to prevent future deterioration and erosion of the bulkhead structure. The proposed project is located on the western shore of the Hudson River in the Town of Piermont. Detailed project elements include 1.) Replacement of the lost timber crib supported pier with a timber pile supported pier. Replacement timber pier shall be approximately 20′ south of the lost pier to keep existing stone pile for habitat value. New pier shall be identical in size with the lost pier; having 4′x17′ walkway providing access to the 10′x10′ pier platform. The new pier shall consist of 6 timber piles and a timber decking. 2.) In-place repair of the existing bulkhead shall include concrete resurfacing, up to 4″ thick along the 80′ bulkhead to prevent future deterioration and erosion of the bulkhead structure. Bulkhead repairs shall consist of appropriate concrete mixture utilizing concrete forms prior to concrete pours with rebar mesh drilled into the existing seawall and footing for anchorage. The stated purpose of the proposed action is that “The proposed activities will restore waterfront structure to its pre-storm condition and provide safe use and access of the Hudson to the owners. The bulkhead repair will provide a long term solution to the deteriorating bulkhead that is currently at risk of structural failure and loss of fill.”

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, May 26, 2016.

Comments should be addressed to the Consistency Review Unit, Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made by email at: [email protected]

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

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

The United States Army Corps of Engineers - New York District has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program. The consistency determination and accompanying public information and data is 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-2016-0254 (DA), The U.S. Army Corps of Engineers, New York District, has submitted a consistency determination for the proposed dredging of the Hudson River federal navigation project at Staats Point and the Albany Turning Basin. Approximately 100,000 cubic yards (CY) of river sediments would be removed and placed upland on Houghtaling Island, New Baltimore, NY.

More information on the proposed dredging can be found on the U.S. Army Corps of Engineers - New York District website at: http://www.nan.usace.army.mil/Portals/37/docs/harbor/Pubnot/2016/PN_HR-AFO-MD16_Complete.pdf. A copy of the Consistency Determination and supporting materials are also available for download at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2016-0254(DA)ConsistencyDeterminationDraftEA.

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., 10 days from the date of publication of this notice, or, Wednesday, May 21, 2016.

Comments should be addressed to the Consistency Review Unit, Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Ave., Suite 1010, Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Electronic submissions can be made at: [email protected]

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