New York State Register January 2, 2013/Volume XXXV, Issue 1


Cover and front matter

KEY: (P) Proposal; (RP) Revised Proposal; (E) Emergency; (EP) Emergency and Proposal; (A) Adoption; (AA) Amended Adoption; (W) Withdrawal

Individuals may send public comment via electronic mail to those recipients who provide an e-mail address in Notices of Proposed Rule Making. This includes Proposed, Emergency Proposed, Revised Proposed and Emergency Revised Proposed rule makings. Instructions

Rule Making Activities (all documents are PDF)

Agriculture and Markets, Department of
1 / Incorporation by Reference in 1 NYCRR of the 2011 Edition of National Institute of Standards and Technology (NIST) Handbook 133 (A)
1 / Various Trees and Plants of the Prunus Species (A)
Alcoholism and Substance Abuse Services, Office of
1 / Repeal of Outdated Forms and Conforming Amendments (P)
Correction, State Commission of
3 / Inmate Packages (P)
Corrections and Community Supervision, Department of
4 / Livingston Correctional Facility (A)
Delaware River Basin Commission
4 / Information Notice—Information Notice Notice Of Final Rulemaking
Education Department
6 / Reciprocity Requirements for Classroom Teachers (P)
Environmental Conservation, Department of
10 / Sale of Black Bass (A)
Financial Services, Department of
10 / Registration and Financial Responsibility Requirements for Mortgage Loan Servicers (E)
Health, Department of
14 / Authority to Collect Pharmacy Acquisition Cost (E)
16 / Pre-Payment Audits of Nursing Home Case Mix Data (E)
18 / Medicaid Managed Care Programs (E)
20 / Nursing Home Sprinklers (A)
20 / Synthetic Phenethylamines and Synthetic Cannabinoids (SP & SC) Prohibited (A)
Higher Education Services Corporation
20 / New York Higher Education Loan Program (NYHELPs) (P)
Mental Health, Office of
22 / Repeal of Outdated Forms and Conforming Amendments (P)
Motor Vehicles, Department of
23 / Vision Testing (P)
People with Developmental Disabilities, Office for
24 / Repeal of Outdated Forms and Conforming Amendments (P)
Public Service Commission
25 / Further Waiver and Suspension of Electric and Gas Tariff Provisions Requiring the Imposition of
Certain Late Payment Charges (EP)
26 / Waiver of Certain Tariff Charges (EP)
28 / Revised Residential Electric Submetering Regulations (A)
28 / Modification of Uncommitted Funds for Combined Heat and Power Performance (CHP) Program (A)
28 / Modification for EEPS Electric Program Budgets and Targets Administered by NYSERDA (A)
28 / Modification of EEPS Gas Program Budgets and Targets (A)
29 / Workforce Development Initiatives (A)
29 / Modification of Uncommitted EEPS Gas and Electric Funds to the CHP and Empower Programs
Administered by NYSERDA (A)
29 / Amendments to PSC No. 3 — Water, Eff. 1/1/13, to Increase the Existing Escrow Account from $10,000 to $25,000 (A)
29 / To Approve an Increase to the Company's Existing Escrow Account (A)
30 / To Deny the Request to Implement a Quarterly Customer Surcharge (A)
30 / To Develop a Detailed Schedule, for the Needed System Reinforcements to Address the Reliability Needs Regarding Mothballing (A)
30 / To Approve a Waiver of Tariff Provisions of 16 NYCRR Parts 501 and 502 (A)
30 / Issuance of Securities (A)
31 / To Approve, Upon Conditions, Acquisition of GenOn Energy, Inc. by NRG Energy, Inc. Through a Merger (A)
31 / To Increase Funding for Emergency Economic Development Program (A)
31 / To Issue Long-Term Indebtedness, Preferred Stock and Hybrid Securities and to Enter into Derivative
Instruments (P)
31 / New York State Renewable Portfolio Standard Eligibility Requirements (P)
Susquehanna River Basin Commission
32 / Information Notice—Notice of Proposed Rulemaking and Public Hearing 18 CFR Part 806
Taxation and Finance, Department of
33 / Combined Reports (A)

Hearings Schedule for Proposed Rule Makings / 37
Action Pending Index / 39

Regulatory Agenda
75 / Agriculture and Markets, Department of
76 / Education Department
81 / Environmental Conservation, Department of
90 / Financial Services, Department of
92 / Health, Department of
97 / Labor, Department of
97 / Medicaid Inspector General, Office of
97 / State, Department of
99 / Temporary and Disability Assistance, Office of
101 / Workers’ Compensation Board

Rule Review
103 / Correction, State Commission of
103 / Education Department
118 / Environmental Conservation, Department of
119 / Financial Services, Department of
128 / Health, Department of
134 / People with Developmental Disabilities, Office for
136 / Public Service Commission
137 / State, Department of
138 / Taxation and Finance, Department of

Advertisements for Bidders/Contractors
141 / Sealed Bids

Notice of Availability of State and Federal Funds
143 / Environmental Conservation, Department of
143 / Transportation, Department of

Miscellaneous Notices/Hearings
145 / Notice of Abandoned Property Received by the State Comptroller
145 / Public Notice

Executive Orders
147 / Executive Order No. 86: Temporary Suspension of Real Property Actions and Proceedings Law
During the State Disaster Emergency.