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

Notice is hereby given the Office for People with Developmental Disabilities has determined property identified as Tax Map Section 25.008, Block 2, Lot 20.120, located on Kickerville Lane in the Town of Long Lake, Hamilton County, New York State, a 2.49± vacant land parcel, 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.

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:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for non-institutional services. The following changes are proposed:

The following clarification to the June 14, 2017, notice provision to revise provisions of the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) services related to the expansion of behavioral health services provided to individuals under the age of 21 years to add the following six new services will take effect on or after January 1, 2019.

• Crisis Intervention

• Other Licensed Providers

• Community Psychiatric Supports and Treatment

• Psychosocial Rehabilitative Supports

• Family Peer Support Services, and

• Youth Peer Support and Training

The public is invited to review and comment on this proposed State Plan Amendment, a copy 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 1432, Albany, NY 12210, [email protected]

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 (CZMA) of 1972, as amended.

The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). 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, and are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0034ForPN

In F-2018-0034, Carver Realty, LLC proposes to stabilize ~490 linear feet of Coeymans Creek shoreline using heavy armor stone and plantings. When complete the bank will have a 2:1 to 3:1 slope. A portion of the proposed work would be conducted below the Mean High Tide Line. The activity is proposed along the southern shoreline of Coeymans Creek near the creek’s confluence with the Hudson River. The property is owned by the applicant and is operated as the Coeymans Landing Marina.

The stated purpose of the prosed activity is to provide bank stabilization along the bank of Coeymans Creek and reduce further erosion of the stream bank.

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 November 22, 2018.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. 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 and are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-0736_Application.pdf

In F-2018-0736, Ciarletta Enterprises, LLC, is proposing waterfront enhancements in the Great South Bay at 32 Unqua Place, Village of Amityville, Nassau County. The applicant proposes to install a boat ramp, reconstruct a 119-linear foot vinyl bulkhead landward of the existing concrete rip-rap shoreline, replace the existing concrete debris seaward of the bulkhead with native stone/boulder, and install a fixed pier (30 feet by 4 feet), offshore deck (12 feet by 12 feet), and a ramp (15 feet by 3 feet) to a float (20 feet by 6 feet) in a similar location as a prior dock that was damaged by Hurricane Sandy. A boat lift and jet ski lift would be affixed to the proposed offshore deck. Access stairs to the water that were damaged by Hurricane Sandy would also be constructed.

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 November 22, 2018.

Comments should be addressed to: Consistency Review Unit, Department of State, Office of Planning, Development & Community Infrastructure, 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 activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). 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-2018-0757, the applicant, Village of Kings Point, proposes to remove invasive vegetation at several locations immediately east of and along the East Shore Road (approximately 620 feet north of the intersection of Ravine Road and East Shore Road) in Kings Point, Nassau County. The project area borders the Manhasset Bay and all property is owned by the Village of Kings Point. Invasive species targeted include several invasive trees, shrubs, and vines as well as invasive common reed or Phragmites. Mechanical and chemical treatment with EPA approved herbicide glyphosate is proposed and long-term management of the various species will be employed as well as planting of the areas with native vegetation. Mechanical means will be employed to the maximum extent practicable. A 32+/- linear foot root barrier at the southern portion of the site will be installed to prevent further Phragmites spreading. Best management practices include use of coir matting and silt fencing as needed. Native trees and plants will be protected during the treatment of invasive target species. All work is to be completed in one phase.

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 November 22, 2018.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail to: [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 on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/ F-2018-0777GosierCantileverSystem.pdf

In F-2018-0777, or the “Gosier Cantilever System”, the applicant – Mary Gosier – proposes to construct a cantilever system at ground level. The proposed cantilever system includes a 300 square foot composite deck built on steel super structure. The project includes steel stairs from the steel structure to the water. The steel beam structure will be a total of 37 feet long by 11 feet-eight inches wide. The project is located at 20849 Hess Shore Drive in the Town of Hounsfield, Jefferson County, New York on Black River Bay. The application states purpose of the project is “to provide stairs for access to the water from the property. To also provide a deck and means to pull a boat out of the water.”

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, December 7, 2018.

Comments should be addressed to the Consistency Review Unit, Department of State, Planning, Development and Community Infrastructure, 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 activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). 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-2018-0786, the applicant, Chris Wall, proposes activities at private property at 361 Bay Front Lane, Town of Irondequoit, Monroe County on the Irondequoit Bay. The applicant proposes installing 70 linear feet of new steel sheet pile within 12 inches in front of an existing failing 2 foot wide concrete wall and backfilling with an undefined volume of cobble stone fill. The applicant states that the wall has cracks and is structurally unsafe with areas undermined by damage from high waters. A conceptual plan depicts that an additional, undefined volume of toe stone is also proposed to be placed waterward of the new wall structure, below ordinary high water on the bay bottom.

The applicant additionally proposes to install a new steel pile and frame dock of 60′ x 6′ with and 8′ x 10′ “L” at the end to replace a previously existing 50′ x 6′ dock that was damaged by high waters and subsequently removed from the site. The dock will be supported with fourteen (14) steel piles, each of 12 inches in diameter.

The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) – Irondequoit Bay. More information regarding this designation and the specific habitat values may be found at: https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

https://www.dos.ny.gov/opd/programs/consistency/Habitats/GreatLakes/Irondequoit_Bay_Creek.pdf

The proposed activities would also be undertaken within the Town of Irondequoit Local Waterfront Revitalization Program (LWRP) planning area. As the LWRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the LWRP and its policies may be found at: https://docs.dos.ny.gov/opd-lwrp/LWRP/Irondequoit_T/Index.html

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 November 22, 2018.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail to: [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 on the New York State Department of State’s website at http://www.dos.ny.gov/opd/programs/pdfs/Consistency/ F-2018-0800SteppingStonesLighthouseModification.pdf

In F-2018-0800, or the “Stepping Stones Lighthouse Modification”, the applicant – Town of North Hempstead – proposes to modify a previously reviewed activity. The previously reviewed activity was found consistent and included the installation of a 6 foot by 45 foot pier, a 4 foot by 35 foot aluminum gangway, a 14 foot by 40 foot aluminum floating dock and 65 foot, 12 inch round steel anchor piles at the floating dock. The modification includes increasing the pier length 15 feet from the originally approved 45 feet length to 60 feet. The modification also includes the addition of a 20 foot by 20 foot fixed platform that includes a fixed frame constructed of concrete pile caps. The previously approved aluminum bridge width is also being increased from 6 feet wide to 8 feet - 6 inches wide. The previously approved floating dock width is increased from 8 feet to 12 feet. The project is located in the Town of North Hempstead, Nassau County, New York in Long Island Sound. The application states purpose of the project is “to allow site access during construction for the restoration of the existing lighthouse and, after restoration, allow site access for educational purposes”.

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, December 7, 2018.

Comments should be addressed to: Consistency Review Unit, Department of State, Planning, Development and Community Infrastructure, 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 activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). 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-2018-0847, the applicant, New York City Department of Design and Construction (NYC DDC), proposes installation, expansion, and replacement of 2,070 linear feet of sanitary sewers; 5,050 linear feet of storm sewers, and the replacement of 7,639 linear feet of aged concrete water mains. A new 54 inch storm water outfall to Great Kills Harbor and a 20 foot by 28 foot outlet stilling basin is also proposed. The project, referenced as Capital Project SER200202, accomplishes needed upgrades of the storm and sanitary sewer system of Keegans Lane and Eagan Avenue, Borough of Staten Island, Richmond County, NY. The project aims to reduce localized flooding following storm events and improve sanitary waste conveyance and drinking water distribution systems in the Great Kills (Keegans Lane Corridor) and Annandale (Eagan Avenue Corridor) neighborhoods.

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 November 22, 2018.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail to: [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 activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). 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-2018-0932, the applicant, Robert Steiner, at a residence at 1009 Church Road, Broad Channel, Queens, NY on the Jamaica Bay, proposes to install 90 linear feet of new vinyl sheath bulkhead to replace, in place, an existing low-profile timber bulkhead with two (2) bulkhead returns of 10 linear feet each at the high water mark and backfilling of the bulkhead with clean sand, 25 cubic yards; installation of a new 4′ x 150′ pier, 3′ x 20′ ramp, 8′ x 30′ float with (4) float piles, a 14,000 pound boat lift with (4) lift piles, and (2) extra mooring piles;

The project site is located within a State-designated Significant Coastal Fish and Wildlife Habitat (SCFWH) –Jamaica Bay. More information regarding this designation and the specific habitat values may be found at: https://www.dos.ny.gov/opd/programs/consistency/scfwhabitats.html

https://www.dos.ny.gov/opd/programs/consistency/Habitats/nyc/Jamaica_Bay.pdf

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area. As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the WRP and its policies may be found at: https://docs.dos.ny.gov/opd-lwrp/LWRP/New%20York%20City/IndexAmd2.html

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 November 22, 2018.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail to: [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 (CZMA) of 1972, as amended.

The federal agency 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 agency's consistency determination 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-2018-1055 (DA), U.S. Army Corps of Engineers/New York District (Corps) has submitted a consistency determination for the proposed East Rockaway Inlet to Rockaway Inlet and Jamaica Bay Hurricane Sandy Reformulation Study. The recommended plan is comprised of a shorefront component and three separate high frequency flooding risk reduction features (HFFRRF) projects around Jamaica Bay: 1) Mid-Rockaway, 2) Cedarhurst-Lawrence, and 3) Motts Basin North. The Mid-Rockaway HFFRRF is the largest and stretches across three neighborhoods/subreaches - Hammels, Edgemere, and Arverne. The shorefront component includes a reinforced vegetated dune with a composite seawall core and associated beach restoration with increased renourishment at the Atlantic Ocean shorefront. The structure crest elevation is +17 feet NAVD88, the dune elevation is +18 feet NAVD88, and the design berm width is 60 feet at an elevation of +8 feet NAVD88. In order to reduce beach erosion and renourishment requirements, the project also includes an extension of 5 existing groins and new construction of 13 new groins. For the Jamaica Bay component, features to reduce the risk of frequent flooding are recommended and include natural and nature-based features (wetlands with rock sills), floodwalls, revetments, and bulkheads. Feature types are based on what is feasible and appropriate at given locations when considering existing conditions and uses.

The Corps’ consistency determination can be found at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2018-1055(DA)CENANRockawayJBayConsistDet.pdf

The Corps’ public notice was published on August 31, 2018 and can be found at: https://www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/East-Rockaway-Inlet-to-Rockaway-inlet-Rockaway-Beach/

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 by November 22, 2018.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000. 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.

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. 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 Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2017-0098 Matter of MTA-New York City Transit, Two Broadway, D3.131, New York, NY 10004, for a variance concerning egress requirements, including egress entrance and stairs. Involved is alteration of a egress stairway at Court Square Station located at the first block of 23rd Street between 45th Ave. and 45th Road in the borough of Queens, City of New York, County of Queens, State of New York. (Routine Variance)

2018-0501 Matter of MTA-New York City Transit, Two Broadway, D3.131, New York, NY 10004, for a variance concerning exit requirements, including egress travel distance. Involved is construction of a new spaces at connecting link running under 6th Ave. connecting the West 42nd Street/6th Ave. Station and West 34th Street/6th Ave. Station in the Borough of Manhattan, County of New York, City of New York, State of New York.

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. 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 Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2018-0513 Matter of Curtis & Ginsberg, 299 Broadway, Suite 1107, New York, NY 10007-1091, for a variance concerning energy requirements, including economizers, for three buildings located at 108-60 and 108-75 62nd Avenue and 62-11 108th Street, Queens, NY.

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. 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 Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2018-0515 In the matter of Thomas Moorhoff, 234 South Albany Street, Ithaca NY concerning safety requirements including a variance for reduction in required height of existing exterior and interior handrails and guardrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, two stories in height, located at 234 South Albany Street, City of Ithaca, County of Tompkins, New York.

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. 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 Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2018-0517 In the matter of Sharon Mitchell, 1210 Sarasota Drive, Tallahassee, Florida concerning safety requirements including a variance for reduction in required height of existing interior handrails and guardrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, two stories in height, located at 410 West Clinton Street, City of Ithaca, County of Tompkins, New York.

Pursuant to the provisions of subdivisions (e), (f), (g) and (h) of section 301-a, subdivision (b) of section 301-d, subdivisions (b) and (c) of section 301-e, subdivisions (a) and (c) of section 301-j and subdivision (a) of section 308 of the Tax Law, the Commissioner of Taxation and Finance hereby gives public notice regarding the petroleum business tax (Tax Law, Article 13-A) rate adjustment calculation and the resulting rates effective January 1, 2019 (effective March 1, 2019 for quarterly filers), as follows: The motor fuel and highway diesel motor fuel rate is adjusted from $.101 to $.106; the non-highway diesel motor fuel rate is adjusted from $.093 to $.097; the residual petroleum product rate is adjusted from $.071 to $.074; the kero-jet fuel rate is adjusted from $.068 to $.071; the aviation gasoline rate is adjusted from $.101 to $.106; the rate of the supplemental tax on aviation gasoline is adjusted from $.068 to $.071; and the rate of the supplemental petroleum business tax is adjusted from $.068 to $.071. The separate rate of supplemental petroleum business tax with respect to highway diesel motor fuel is adjusted from $.0505 to $.0535; it is computed by subtracting one and three-quarters cents from the adjusted rate of the supplemental petroleum business tax. The railroad diesel rate is adjusted from $.088 to $.093; it is computed by subtracting one and three-tenths cents from the motor fuel and highway diesel motor fuel rate.

The basic utility credit (or reimbursement) rate with respect to residual petroleum product is adjusted from $.0569 to $.0597 and the basic utility credit (or reimbursement) rate with respect to non-highway diesel motor fuel product is adjusted from $.0572 to $.0600. The basic utility credit (or reimbursement) rates are further adjusted by adding one-half of one cent to the adjusted basic rates of the utility credits (or reimbursements); as a result, the utility credit (or reimbursement) rate with respect to residual petroleum product is adjusted from $.0619 to $.0647, and the utility credit (or reimbursement) rate with respect to non-highway diesel motor fuel product is adjusted from $.0622 to $.0650.

The adjusted petroleum business tax rates are obtained by multiplying the existing rates by a fraction, the numerator of which is the sum of the monthly producer price indices (unadjusted) for refined petroleum products for the twelve consecutive months ending with the month of August 2018, and the denominator of which is the sum of the monthly producer price indices (unadjusted) for refined petroleum products for the twelve consecutive months ending with the month of August 2017. Such monthly producer price indices for the twelve consecutive months ending with the month of August 2018, are 188.3, 185.7, 192.7, 191.9, 197.0, 199.7, 197.7, 207.7, 228.3, 229.4, 228.2, and 223.9, which total 2470.5. Such monthly producer price indices for the twelve consecutive months ending with the month of August 2017, are 154.2, 159.0, 152.1, 156.3, 165.3, 166.5, 165.0, 170.6, 165.6, 165.4, 166.1, and 175.7, which total 1961.8. The producer price index for the category of commodities designated as refined petroleum products is published monthly by the Bureau of Labor Statistics of the U.S. Department of Labor. As required by law, the adjusted rates, except the utility credit (or reimbursement) rates and the rate of supplemental petroleum business tax with respect to highway diesel motor fuel, have been rounded to the nearest tenth of one cent. The utility credit (or reimbursement) rates and the rate of supplemental petroleum business tax with respect to highway diesel motor fuel have been rounded to the nearest hundredth of one cent. Section 301-a of the Tax Law does not allow the rates to change by more than 5 percent of the rates in effect on December 31. The computed rate change would be an increase of 26 percent; therefore, all the above rates were subject to the 5 percent limitation.

For further information contact: Denise Conroy, Department of Taxation & Finance, Taxpayer Guidance Division, W.A. Harriman Campus, Albany, NY 12227, (518) 530-4119, e-mail: [email protected]