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Regulatory Flexibility
       Report

                Report to the
         Governor and the Legislature
           October-December 2008

  New York State Administrative Procedure Act
          Chapter 637, Laws of 2005




           New York State
Governor’s Office of Regulatory Reform
        www.gorr.state.ny.us
                                      Contents
Agriculture and Markets                                       1

Alcohol and Substance Abuse Services                          1

Canal Corporation                                             3

Children and Family Services                                  3

Economic Development                                          4

Education                                                     4

Environmental Conservation                                    6

Health                                                        8

Insurance                                                    10

Labor                                                        10

Lottery                                                      11

Mental Retardation and Developmental Disabilities            11

Motor Vehicles                                               12

Quality of Care and Advocacy for Persons with Disabilities   12

Racing and Wagering                                          13

Real Property Services                                       13

State                                                        13

Taxation and Finance                                         15

Temporary and Disability Assistance                          16

Urban Development Corporation                                16

Workers’ Compensation Board                                  17

Appendix - Chapter 637, Laws of 2005                         19
Agriculture and Markets
Subject Various Trees and Plants of the Prunus Species
Citation Addition of Part 140 to Title 1 NYCRR
State Register ID No. AAM-44-08-00004-E
State Register Date October 29, 2008
Minimizing Adverse Impacts The Department has designed the proposed rule to
minimize adverse economic impact on small businesses and local governments. The
proposal limits the regulated articles to only those varieties of the Prunus species which
are susceptible to infection by plum pox virus. The proposal also limits the inspection
and permit requirements to only those necessary to detect the presence of plum pox virus
and to prevent its spread through regulated articles in the regulated areas. As set forth in
the regulatory impact statement, the rule provides for agreements between the
Department and regulated parties that permit the movement of regulated articles without
State or federal inspection. These agreements are another way in which the proposed rule
was designed to minimize adverse impact. The approaches for minimizing adverse
economic impact required by section 202-a(1) of the State Administrative Procedure Act
and suggested by section 202-b(1) of the State Administrative Procedure Act were
considered. Given all of the facts and circumstances, it is submitted that the rule
minimizes adverse economic impact as much as is currently possible.

Office of Alcohol and Substance Abuse Services
Subject Administration of “Other Approved Agents” such as Buprenorphine to Treat
Opioid Addictions
Citation Amendment of Part 828 of Title 14 NYCRR
State Register I.D. No. ASA-44-08-00002-E
State Register Date October 29, 2008
Minimizing Adverse Impact Part 828 has been carefully reviewed to ensure minimum
adverse impact to providers. Any impact this rule may have on small businesses and the
administration of State or local government, will either be a positive impact or the
minimal costs for materials and compliance are so small that they will be absorbed into
the already existing economic structure.

Office of Alcohol and Substance Abuse Services
Subject Problem Gambling Treatment and Recovery Services
Citation Addition of Part 857 to Title 14 NYCRR
State Register I.D. No. ASA-49-08-00004-P
State Register Date December 3, 2008
Minimizing Adverse Impact Part 857 has been carefully reviewed to ensure minimum
adverse impact to providers. Alcoholism and Substance Abuse Providers of NYS, Inc.,
the Council of Local Mental Hygiene Directors and the Advisory Council on Alcoholism
and Substance Abuse Services, OASAS funded Problem Gambling Prevention and
Treatment Providers and the OASAS Problem Gambling Policy Committee were briefed
on this proposal.




                                             1
Office of Alcohol and Substance Abuse Services
Subject Individual Counseling, Physical Examination, Medical History, Quality
Improvement and Utilization Review
Citation Amendment of sections 817.4(b)(1), (2), 818.4(b)(1), (2), 819.4(b)(1), (2),
822.2(c)(1), 822.4(b)(1), (2) and 822.6(c) of Title 14 NYCRR.
State Register I.D. No. ASA-49-08-00005-P
State Register Date December 3, 2008
Minimizing Adverse Impact The need for these changes was identified through a
process of ongoing statewide dialogue between OASAS, OASAS certified providers, and
affiliated stakeholders begun in the summer of 2007. The goals of the main workgroup
include: defining a “gold standard” for treatment; identifying “best practices” for quality
patient-centered care; and reducing the administrative burden on clinical staff while
improving efficiency and productivity. Subcommittees identified and prioritized specific
actions which could be readily implemented to advance quality patient-centered care and
administrative relief. Potential adverse economic impact was a primary concern because
the goal of the workgroup is to improve cost effectiveness and efficiency. The proposed
amendments represent the consensus of the OASAS-provider workgroup that these
changes would advance those goals.

The proposed amendments were presented to the OASAS Executive Team and Advisory
Council and then distributed for comment to members of the provider/stakeholder
community not already participating in the initial workgroup. Providers are supportive of
these proposed changes and eager to implement them.

Office of Alcohol and Substance Abuse Services
Subject Opioid Treatment for Addiction
Citation Amendment of Part 828 of Title 14 NYCRR. This rule is proposed pursuant to
[SAPA § 207(3)], 5-year Review of Existing Rules.
State Register I.D. No. ASA-49-08-00007-P
State Register Date December 3, 2008
Minimizing Adverse Impact Part 828 has been carefully reviewed to ensure minimum
adverse impact to providers. The Alcoholism and Substance Abuse Providers of NYS,
Inc., the Greater New York Hospital Association, the Healthcare Association of New
York, the federal Center for Substance Abuse Treatment (CSAT), the federal Drug
Enforcement Agency (DEA), the OASAS Methadone Transformation Team, the New
York State Council of Local Mental Hygiene Directors and the Advisory Council on
Alcoholism and Substance Abuse Services and approximately 50 methadone treatment
providers were given the opportunity to comment on this proposal. Any impact this rule
may have on small businesses and the administration of State or local governments and
agencies will either be a positive impact or the nominal costs and compliance are small
and will be absorbed into the already existing economic structure. The positive impact
for OASAS patients and New York's health care systems outweigh any potential minimal
costs.




                                             2
Office of Alcohol and Substance Abuse Services
Subject Detoxification of Substances and Stabilization Services
Citation Repeal of Part 816 and addition of new Part 816 to Title 21 NYCRR. This rule
is proposed pursuant to [SAPA § 207(3)], 5-Year Review of Existing Rules.
State Register I.D. No. ASA-49-08-00009-P; ASA-50-08-00020-E
State Register Date December 3, 2008; December 10, 2008
Minimizing Adverse Impact Part 816 has been carefully reviewed to ensure minimum
adverse impact to providers by Alcoholism and Substance Abuse Providers of NYS, Inc.,
New York State's Council of Local Mental Hygiene Directors and the New York State
Advisory Council on Alcoholism and Substance Abuse Services, Greater New York
Hospital Association, Healthcare Association of New York, and a statewide
representative coalition from hospital and community based organizations that provide
withdrawal and stabilization services. All comments received were reviewed and
numerous changes were made. Any impact this rule may have on small businesses and
the administration of State or local governments and agencies will either be a positive
impact or have nominal costs. Compliance requirements are small and will be absorbed
into the already existing economic structure. The positive impact for patients and the
State health care system outweigh any potential minimal costs.

NYS Canal Corporation
Subject Posting of Speed Limit Signage on the Canal System
Citation Amendment of section 151.15 of Title 21 NYCRR
State Register ID No. NCC-46-08-00001-P
State Register Date November 12, 2008
Minimizing Adverse Impacts This regulation will not impose any adverse economic
impact on reporting, record keeping or other compliance requirements on small
businesses or local governments. As such, a Regulatory Flexibility Analysis is not
required.

Office of Children and Family Services
Subject Mandatory Disqualification of Foster and Adoptive Parents Based on Criminal
History
Citation Amendment of sections 421.27(d)(1) and 443.8(e)(1); and repeal of sections
421.27(k) and 443.8(k) of Title 18 NYCRR.
State Register I.D. No. CFS-42-08-00018-E
State Register Date October 15, 2008
Minimizing Adverse Impact The regulations reflect specific amendments to State
statute enacted by Chapter 623 of the Laws of 2008 and amendments to federal standards
as enacted by the Adam Walsh Child Protection and Safety Act of 2006. The process for
fingerprinting foster and adoptive parents and other persons over the age of 18 who reside
in the home of the applicants has been the same since 1999 for in-State checks through
the New York State Division of Criminal Justice Services, and since 2007 for national
checks through the Federal Bureau of Investigation. While the regulations will change
the standards following the receipt of the result of the criminal history check, the
regulations will now change the process for taking and reviewing of fingerprints. The
regulations build on existing procedures.


                                            3
Department of Economic Development
Subject Empire Zones Reform
Citation Amendment of Parts 10 through 14 of Title 5 NYCRR
State Register ID No. EDV-44-08-00006-E
State Register Date October 29, 2008
Minimizing Adverse Impacts The emergency regulation does not impose any adverse
economic impact, reporting, record-keeping, or other compliance requirements on small
businesses and/or local governments. In fact, the emergency regulations may have a
positive economic impact on the small businesses and local governments that do
participate due to clarifying changes, the added flexibility and a new application process.
The administrative structure of the program was designed to offer a streamlined
application and approval process by extracting only essential information from the
applicants. In addition, the changes to the regulations that track changes in statute and
result in a reconfiguration of zones will actually enhance the ability of businesses yet to
apply which are located in distressed areas to receive program benefits. Local
governments will have the additional short-term burden of taking the legal and
administrative steps necessary to reconfigure their zones, but this is a statutorily imposed
burden, not solely a regulatory one. Because it is evident from the nature of the
emergency rule that it will have either no substantive impact, or a positive impact, on
small businesses and local governments, no further affirmative steps were needed to
ascertain that fact and none were taken.

Education Department
Subject Public Librarian Professional Certificates
Citation Amendment of section 90.7 of Title 8 NYCRR
State Register I.D. No. EDU-40-08-00021-P
State Register Date October 1, 2008
Minimizing Adverse Impact The proposed amendment concerns professional
development requirements for holders of public librarian professional certificates and
does not impose any adverse economic impact, reporting, record keeping or any other
compliance requirements on small businesses or local governments. The proposed
amendment will ensure that public librarian professional certificate holders, who are
issued certificates on or after January 1, 2010, participate in continuous professional
development.

In September 2007, the New York Library Association (NYLA) leadership began
discussing a variety of options to improve the skills of the library workforce in New York
State. During the past ten months, the NYLA Continuing Education Committee has
worked with NYLA members, the New York State Library and the statewide library
community to develop a proposal that would equip the State’s new public librarians to
meet the changing information needs of New Yorkers and continue to provide first-class
library service throughout their professional careers. NYLA leadership officially adopted
the proposal and in July 2008 sought Regents support for implementation. The Board of
Regents directed the State Library to begin the process for amending Commissioner’s
Regulation 90.7.


                                             4
Education Department
Subject Licensure of Clinical Laboratory Technologists, Cytotechnologists, Clinical
Laboratory Technicians and Histological Technicians
Citation Addition of sections 52.41, 79-13.5, 79-13.6 and Subpart 79-16 and
amendment of sections 79-13.4, 79-14.4 and 79-15.4 of Title 8 NYCRR.
State Register I.D. No. EDU-41-08-00007-EP
State Register Date October 8, 2008
Minimizing Adverse Impact The regulation establishes education and examination
requirements for individuals to be licensed as certified histological technicians and
expands the grandparenting provisions for cytotechnologists, clinical laboratory
technicians and clinical laboratory technologists. Therefore, the regulation does not
directly regulate small businesses or local governments. However, there is a provision
that defines "general supervision" of limited permit holders in the profession of certified
histological technicians by the director of a clinical laboratory.

The standard for general supervision will allow licensed clinical laboratories, including
those that are small businesses or operated by local governments, a great deal of
flexibility to determine how the limited permit holder will be supervised. The proposed
regulatory standards for general supervision of limited permit holders in this profession is
consistent with the level of supervision that the director already is required to provide
such employees by Department of Health regulations and with the general supervision
required for limited permits in the professions of cytotechnologist, clinical laboratory
technician and clinical laboratory technologists. Because of the flexibility of the
proposed standards and the fact that they are consistent with Department of Health
requirements, different standards for licensed clinical laboratories that are small
businesses or operated by local governments are not necessary.

The State Board for Clinical Laboratory Technology and its extended panel worked
directly with staff of the State Education Department to develop this regulation. The
Board and its extended panel include members who have had experience working in
clinical laboratories that are classified as small businesses and operated by local
governments. The State Education Department also consulted with the New York State
Department of Health and clinical laboratories across the State, including those that are
classified as small businesses or operated by local governments, during the development
of this regulation.

Education Department
Subject School Library Systems
Citation Amendment of section 90.18 of Title 8 NYCRR
State Register I.D. No. EDU-42-08-00001-P
State Register Date October 15, 2008
Minimizing Adverse Impact The proposed amendment assists school district BOCES
by updating and clarifying certain terminology relating to school library systems. In
particular, the proposed rule amends certain terms relating to the functions of school
library systems to accurately reflect the current operations of such library systems and to
omit references to obsolete practices and terms.


                                             5
Education Department
Subject Special Education Programs and Services
Citation Amendment of sections 200.4 and 200.5 of Title 8 NYCRR.
State Register I.D. No. EDU-31-08-00014-RP
State Register Date October 22, 2008
Minimizing Adverse Impact The proposed amendment is necessary to ensure
consistency in procedural safeguards by extending the date for requiring the State’s forms
for individualized education programs (IEPs), prior written notice (notice of
recommendation) and meeting notice, and does not impose any additional costs or
compliance requirements on these entities beyond those imposed by federal law and
regulations and State statutes.

The regulations that require the use of the State’s forms for IEPs, CSE and CPSE meeting
notices, and prior written notice (notice of recommendation) as of January 1, 2009, were
adopted in September 2007. Since that date, the Department sought extensive comment
from the field on the development of the forms from stakeholders across the State. In
response to their comments, the Department proposes to extend the effective date for
required use of the forms from January 1, 2009 to September 1, 2009. Extending the date
for the required use of these forms will allow additional time for VESID to work with
stakeholders to field check proposed forms and to provide professional development and
guidance on the new forms. In addition, the proposed amendment will require school
districts to use the new forms at the beginning of the 2009-2010 school year, and thereby
avoid any risk of potential disruptions to a district’s policies, procedures and practices
that might result if this requirement were to be made effective in the middle of the 2008-
2009 school year.

Copies of the proposed amendment have been provided to District Superintendents with
the request that they distribute the amendment to school districts within their supervisory
districts for review and comment. Public comment on the proposed amendment
requested clarification of the intent of the provision that the forms be ". . . developed
consistent with the Commissioner’s guidelines." This provision was intended to ensure
that school districts complete the forms consistent with the instructions accompanying the
forms, which will, consistent with existing statutory and regulatory requirements, identify
the information to be entered in the prescribed forms, including where additional
information can be added and what regulatory requirements are being addressed when
student-specific information is added to the forms. It was not the intent of the provision
to prescribe new substantive or procedural requirements beyond those established in
existing regulations. Nevertheless, in order to remove the potential for confusion or
misinterpretation, sections 200.4(d)(2), 200.5(a)(1) and 200.5(c)(1) have been revised to
delete this provision.

Department of Environmental Conservation
Subject Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology on
Certain State Heavy Duty Vehicles
Citation Amendment of Part 200 and addition of Part 248 to Title 6 NYCRR



                                            6
State Register I.D. No. ENV-41-08-00016-P
State Register Date October 8, 2008
Minimizing Adverse Impact The legislation and proposed regulation includes
provisions for an HDV owner/operator to apply for a waiver from the ULSD or BART
requirement in certain instances. If specified criteria are met as proposed in the
regulation, the department will issue a waiver.

Department of Environmental Conservation
Subject Portable Fuel Containers Which Are Used by New York State Residents to
Transport Gasoline and Fill Fuel Tanks
Citation Amendment of Part 239 of Title 6 NYCRR
State Register I.D. No. ENV-43-08-00008-P
State Register Date October 22, 2008
Minimizing Adverse Impact Local governments are not directly affected by the
revisions to 6 NYCRR Part 239. The known PFC manufacturers are generally larger
companies and not small businesses. However, if a PFC manufacturer in New York is a
small business (100 or less employees), the proposed revisions should not produce any
adverse impacts because they are consistent with federal regulations that take effect on
January 1, 2009. DEC's proposed revisions do not go beyond those contained in the
federal regulations. Moreover, PFC manufacturers have indicated that they are looking
forward to the proposed revisions because they will allow manufacturers the flexibility
they need to address certain concerns that customers have with the current PFC design.
In order to allow manufacturers and retailers to sell PFC stock manufactured prior to
January 1, 2009, a provision is included in this rulemaking which would allow these
PFCs to be sold through December 31, 2009 if: 1) they are properly labeled with the date
of manufacture, and 2) they are compliant with the federal and State requirements as of
December 31, 2008.

Department of Environmental Conservation
Subject Firewood Restrictions to Protect Forests from Invasive Species
Citation Addition of section 192.5 to Title 6 NYCRR
State Register I.D. No. ENV-50-08-00015-P; ENV-52-08-00005-E
State Register Date December 10, 2008; December 24, 2008
Minimizing Adverse Impact The proposed compliance requirement minimizes adverse
impact to the potentially affected segments of the firewood industry. The heat-treatment
requirements proposed for long distance operators and the labeling requirement proposed
for local operators are the only feasible methods known to prevent the accidental human-
caused spread of invasive forest pests. The only other option for preventing the spread of
invasives by firewood would be banning the sale of firewood, which would be far more
onerous on the firewood industry.

Department of Environmental Conservation
Subject Management of Marine Commercial Fisheries for Weakfish and Black Sea Bass
Citation Amendment of sections 40.1 and 40.6 of Title 6 NYCRR
State Register I.D. No. ENV-51-08-00001-P
State Register Date December 17, 2008


                                            7
Minimizing Adverse Impact The maintenance of long-term sustainable fisheries will
have a positive effect on employment for the fisheries in question, including wholesale
and retail outlets and the support industries for commercial and recreational fisheries.
There is no way to eliminate the short-term losses while trying to rebuild overharvested
stocks of fish. These regulations are designed to protect stocks from continued
overharvest and to rebuild them for future utilization. Failing to take these appropriate
actions to protect our natural resources could cause the complete collapse of a fish stock
and have a severe adverse impact on the commercial and recreational fisheries for that
species, as well as the supporting industries for those fisheries. Regulations are proposed
to provide the appropriate level of protection.

Department of Health
Subject Criminal History Record Checks
Citation Addition of Part 402 to Title 10 NYCRR
State Register I.D. No. HLT-41-08-00005-P; HLT-41-08-00005-E
State Register Date October 8, 2008; December 3, 2008
Minimizing Adverse Impact The Department considered the approaches for
minimizing adverse economic impact listed in SAPA Section 202-b(1) and found them
inapplicable. The requirements in this proposal are statutorily required. Compliance
with them is mandatory.

Department of Health
Subject Tanning Facilities
Citation Addition of Subpart 72-1 to Title 10 NYCRR
State Register I.D. No. HLT-41-08-00006-P
State Register Date October 8, 2008
Minimizing Adverse Impact The proposed regulation establishes standards for
operating ultraviolet radiation devices within tanning facilities in such a way as to
minimize risk to the public health. Should this regulation have a substantial adverse
impact on a particular facility, a waiver of one or more requirements other than those
required by Article 35-A of the Public Health Law will be considered, so long as
alternative arrangements protect public health and safety.

Alternatively, a variance, allowing additional time to comply with one or more
requirements, can be granted if the health and safety of the public is not prejudiced by the
variance.

Department of Health
Subject DRGs, SIWs, Trimpoints and the Mean LOS
Citation Amendment of sections 86-1.55, 86-1.62 and 86-1.63 of Title 10 NYCRR
State Register I.D. No. HLT-42-08-00006-E; HLT-42-08-00011-P
State Register Date October 15, 2008; October 15, 2008
Minimizing Adverse Impact The proposed amendments will be applied to all general
hospitals. The Department of Health considered approaches specified in section 202-b(1)
of the State Administrative Procedure Act in drafting the proposed amendments and
rejected them as inappropriate given the reimbursement system mandated in statute.


                                             8
Department of Health
Subject Payment for FQHC Psychotherapy and Offsite Services
Citation Amendment of section 86-4.9 of Title 10 NYCRR
State Register I.D. No. HLT-45-08-00018-P; HLT-45-08-00018-E
State Register Date November 5, 2008; December 24, 2008
Minimizing Adverse Impact There is no adverse impact.

Department of Health
Subject Controlled Substances Data Submissions
Citation Amendment of sections 80.2, 80.23, 80.67, 80.68, 80.69, 80.71, 80.73, 80.74,
80.132, and 80.134 of Title 10 NYCRR
State Register I.D. No. HLT-46-08-00003-E; HLT 49-08-00013-P
State Register Date November 12, 2008; December 3, 2008
Minimizing Adverse Impact The regulations require only a minimal increase in
reporting requirements. These requirements are for the electronic transmission of records
that current regulations require pharmacies, practitioners, manufacturers, and distributors
to maintain.

Department of Health
Subject Childhood Lead Poisoning Screening and Follow-up
Citation Amendment of Subparts 67-1 and 67-3 of Title 10 NYCRR
State Register I.D. No. HLT-48-08-00023-P
State Register Date November 26, 2008
Minimizing Adverse Impact The proposed amendments were developed with the goal
of minimizing burdens on regulated parties including the approaches suggested in SAPA
Section 202-b(1). Performance rather than design standards have been applied to have
appropriate flexibility for meeting requirements for reporting and provision of follow-up
services. The revised BLL threshold for required environmental follow-up services was
established with specific consideration for economic and technical feasibility within the
context of existing resources and current practices, in favor of other proposals considered
that would require significant additional resources to implement. Exemption from
proposed requirements is not feasible as it would create unfair disparities in the provision
of services for at-risk children.

Department of Health
Subject Fingerprinting and Criminal Background Check Requirements (CBCR) for
Unescorted Access to Radioactive Materials
Citation Addition of section 16.112 to Title 10 NYCRR
State Register I.D. No. HLT-49-08-00012-E
State Register Date December 3, 2008
Minimizing Adverse Impact The proposed rule establishes requirements for obtaining
and using information on an individual's criminal history for allowing access to
radioactive material. However the proposed rule does not set criteria for making this
determination. It is up to the licensee to set the criteria and make a determination on each
affected individual. Since affected licensees have already made a T&R determination


                                             9
using other criteria, significant adverse impacts are not foreseen. Further, since there are
a limited number of affected facilities, the program intends to conduct workshops to
assist licensees with any questions related to implementing the fingerprinting
requirements.

Department of Health
Subject Service Intensity Weights (SIW) and Average Lengths of Stay
Citation Amendment of section 86-1.62 of Title 10 NYCRR
State Register I.D. No. HLT-53-08-00007-P
State Register Date December 31, 2008
Minimizing Adverse Impact The proposed amendments will be applied to all general
hospitals. The Department of Health considered approaches specified in section 202-b (1)
of the State Administrative Procedure Act in drafting the proposed amendments and
rejected them as inappropriate given the reimbursement system mandated in statute.

Insurance Department
Subject Guidelines for the Processing of Coordination of Benefit (COB) Claims
Citation 11 NYCRR Amend parts 52 and 217
State Register I.D. No. 52-08-00006-P
State Register Date December 24, 2008
Minimizing Adverse Impact These regulations are intended to help health care
providers, many of which are small businesses. They prevent insurers from recouping
money before providers have an opportunity to seek payment from another carrier, if
applicable. If the other coverage cannot be verified, the insurer that paid the claim is
prohibited from recouping the payment. Thus, providers will retain the income for the
services they have provided.

Other options were discussed at the Healthcare Roundtable including making no changes
to the current process, increasing or decreasing the time frames in this regulation, and
permitting the secondary insurer to recoup the money even if the primary insurer could
not be identified. The health insurance industry acknowledged the current process was
unfair to health care providers and agreed to accept the liability for the services if
the other insurer could not be identified. At the same time, the industry asked that the
providers be required to make an effort to determine if there was other coverage and also
requested time frames in which the provider must act.

Labor Department
Subject Public Employee Workplace Violence Prevention Programs
Citation Addition of Section 800.6 to Title 12 NYCRR
State Register I.D. No. LAB-48-08-00003-P
State Register Date November 26, 2008
Minimizing Adverse Impact The rule reflects legislative requirements with regard to
scope and content. Definitions have been added to clarify intent, and additional content
has been based on the Department's review of national consensus standards, or reports
which reference the least work intensive means to implement an effective and compliant
program. The Department intends to minimize the impact on smaller governments by


                                             10
providing outreach to these governments through the Department’s consultative service,
and by working with public employer organizations. Employers may elect to share
services and resources with other entities in developing their programs.

Division of the Lottery
Subject The Operation of Video Lottery Gaming
Citation Repeal of Part 2836 and addition of new Part 2836 to Title 21 NYCRR
State Register ID No. LTR-53-08-00015-P
State Register Date December 31, 2008
Minimizing Adverse Impacts There will be no adverse impact on rural areas, small
businesses or local governments.

Office of Mental Retardation and Developmental Disabilities
Subject Notifications of Incidents and Access to Records
Citation Addition of section 624.8 and amendment of sections 624.1-624.6 and 624.20
of Title 14 NYCRR
State Register I.D. No. MRD-41-08-00008-E
State Register Date October 8, 2008
Minimizing Adverse Impact As stated in the Regulatory Impact Statement, the
proposed regulation will have no fiscal effect on State or local governments, and minimal
fiscal impact on regulated parties (including the State as a provider). Modest additional
costs are necessary to the extent regulatory requirements exceed statutory requirements.
OMRDD has reviewed and considered the approaches for minimizing economic impact
as suggested in section 202-b(1) of the State Administrative Procedure Act. In order to
minimize adverse economic impact, OMRDD has developed a standardized form for the
report on actions taken. The use of this form will minimize staff resources devoted to
completing the form, instead of each agency developing its own form or not using a form
for this purpose.

Office of Mental Retardation and Developmental Disabilities
Subject Reimbursement of Property and Capital Equipment Costs in Day Habilitation
and Prevocational Services
Citation Amendment of section 635-10.5(c)(4) and (e)(5) of Title 14 NYCRR
State Register I.D. No. MRD-43-08-00010-P
State Register Date October 22, 2008
Minimizing Adverse Impact There is no adverse economic impact for providers which
are at 100% capacity. The amendments may result in a minor reduction in
reimbursements for providers whose programs are not at 100% capacity. Because of the
unpredictable nature of vacancies, OMRDD is unable to reliably quantify this reduction
in aggregate or on a provider-specific basis. It may approximate $300,000 in total. All
providers may realize some modest savings due to billing simplification.

Office of Mental Retardation and Developmental Disabilities
Subject At Home Residential Habilitation (AHRH)
Citation Amendment of sections 635-10.5 and 635-99.1 of Title 14 NYCRR


                                           11
State Register I.D. No. MRD-47-08-00008-P
State Register Date November 19, 2008
Minimizing Adverse Impact The amendments should not result in any significant
adverse economic impacts. Although individual providers may experience changes in
their reimbursement for AHRH services, OMRDD believes that the establishment of
three regional fees will result in a more equitable reimbursement methodology that more
accurately reflects the actual overall costs of service delivery. The changes also have the
potential for achieving savings associated with the simplification and streamlining of
provider billing procedures and the reduction of billing errors.

For those providers who are affected by a decrease in reimbursements as a result of the
new regional fees, the amendments proposed by OMRDD include provisions for a two-
year transitional fee to mitigate against a sudden decline.

Office of Mental Retardation and Developmental Disabilities
Subject Liability for Services
Citation Addition of Subpart 635-12 to Title 14 NYCRR
State Register I.D. No. MRD-48-08-00021-P
State Register Date November 26, 2008
Minimizing Adverse Impact The amendments will not result in any significant adverse
economic impacts.

Office of Mental Retardation and Developmental Disabilities
Subject Article 16 Clinic Fee Setting
Citation Amendment of section 679.6 of Title 14 NYCRR
State Register I.D. No. MRD-51-08-00003-P
State Register Date December 17, 2008
Minimizing Adverse Impact The amendments will allow OMRDD to reimburse
providers of Article 16 clinic services at revised levels which addresses more current
costs using a new base year of 2004 or 2004/2005, and eliminates the multitude of
existing fee schedules. The revised clinic fee schedule will have positive impacts on
small business providers of clinic services resulting from these reimbursements.

Department of Motor Vehicles
Subject Renewal of Driver's Licenses and Enhanced Driver's Licenses
Citation Amendment of section 3.3 of Title 15 NYCRR
State Register ID No. MTV-40-08-00005-E
State Register Date October 1, 2008
Minimizing Adverse Impacts This rule will not impose any adverse economic impact
or reporting, recordkeeping or other compliance requirements on public or private entities
in rural areas.

Commission on Quality of Care and Advocacy for Persons with
Disabilities
Subject Procedures of the Surrogate Decision-Making Committee Program
Citation Amendment of Part 710 of Title 14 NYCRR


                                            12
State Register I.D. No. QMD-53-08-00003-EP
State Register Date December 31, 2008
Minimizing Adverse Impact There is no expected adverse economic effect from this
regulation. In fact, a beneficial economic effect is expected from decreased costs to the
mental hygiene facility in obtaining legally authorized decision-making for individuals.

Racing and Wagering Board
Subject Allowing Audible Alert on Electronic Bingo Aids When a Winning Pattern Has
Been Obtained
Citation Amendment of section 5823.2 of Title 9 NYCRR
State Register ID No. RWB-52-08-00013-P
State Register Date December 24, 2008
Minimizing Adverse Impacts This proposal will not impose an adverse economic
impact on reporting, recordkeeping or other compliance requirements on small businesses
in rural or urban areas nor on employment opportunities.

Office of Real Property Services
Subject Certification and Training Rules for Certain New York City (NYC) Assessors
Citation Amendment of Subpart 188-8 of Title 9 NYCRR
State Register I.D. No. RPS-45-08-00019-P
State Register Date November 5, 2008
Minimizing Adverse Impact This proposal sets forth the training that assessors
employed in the New York City Tax Commission and Law Department must take to
achieve State certification, which is required by Chapter 252 of the Laws of 2007. The
proposal allows assessors whose responsibilities focus on adjudication to substitute
training more relevant to their judicial and administrative duties in lieu of training
directly related to conducting appraisals.

Department of State
Subject Document Destruction Contractors
Citation Addition of Part 199 of Title 19 NYCRR
State Register ID No. DOS-40-08-00001-E; DOS-52-08-00009-E
State Register Date October 1, 2008; December 24, 2008
Minimizing Adverse Impacts DOS did not identify any alternatives which would
provide relief for registrant contractors, and, at the same time, be less restrictive and less
burdensome on them in terms of compliance.

Department of State
Subject 30 Hour Supplemental Course for Real Estate Brokers and Salespeople
Citation Addition of section 176.26 and amendment of section 177.18 of Title 19
NYCRR
State Register ID No. DOS-41-08-00002-E; DOS-42-08-00009-P
State Register Date October 8, 2008; October 15, 2008
Minimizing Adverse Impacts The Department of State has not identified any adverse
economic impact of this rule. The rule does not impose any additional reporting or
record keeping requirements on real estate licensees and does not require prospective


                                              13
licensees to take any affirmative acts to comply with the rule other than those acts that are
already required pursuant to Real Property Law, Article 12-A.

Department of State
Subject Electrical Bonding of Gas Piping, and Protection of Gas Piping Against
Physical Damage
Citation Amendment of section 1224.1(b) and addition of sections
1220.1(d)(9)-(12) and 1224.1(c)(2)-(4) to Title 19 NYCRR.
State Register ID No. DOS-42-08-00008-E
State Register Date October 15, 2008
Minimizing Adverse Impacts The economic impact of this rule on small businesses and
local governments will be no greater than the economic impact of this rule on other
regulated parties, and the ability of small businesses and local governments to comply
with the requirements of this rule should be no less than the ability of other regulated
parties to comply. Providing exemptions from coverage by the rule was not considered
because such exemptions would endanger public safety.

Department of State
Subject Continuing Education for Licensed Home Inspectors
Citation Addition of Subpart 197-3 to Title 19 NYCRR
State Register ID No. DOS-43-08-00011-E
State Register Date October 22, 2008
Minimizing Adverse Impacts With the exception of the cost associated with taking the
required continuing education courses as set forth under the compliance costs section of
this statement, it is not anticipated that small businesses will incur any additional costs as
a result of implementation of this rule.

Department of State
Subject Temporary Swimming Pool Enclosures
Citation Addition of section 1228.4 to Title 19 NYCRR
State Register ID No. DOS-44-08-00005-EP
State Register Date October 29, 2008
Minimizing Adverse Impacts The rule minimizes any potential adverse economic
impact on regulated parties (including small businesses or local governments) by
allowing use of any type of temporary enclosure, provided that it is (1) at least 4 feet high
and (2) approved by the code enforcement official as sufficiently preventing access to the
swimming pool by any person not engaged in the installation or construction of the
swimming pool, and as sufficiently providing for the safety of any such person; by
permitting all or any part of the permanent enclosure (as required by existing laws and
regulations) to be used as all or part of the temporary enclosure, thereby permitting
regulated parties to minimize the amount of temporary enclosure components required
during construction; and by providing an exemption from the temporary enclosure
requirements for above-ground hot tubs and spas equipped with a safety cover.




                                              14
Department of State
Subject Qualifying School Requirements for Bail Enforcement
Citation Addition of Part 171 to Title 19 NYCRR.
State Register ID No. DOS-44-08-00001-P
State Register Date October 29, 2008
Minimizing Adverse Impacts The Department of State has not identified any adverse
economic impact of this rule. The rule does not impose any additional reporting or record
keeping requirements on licensees and merely codifies procedures currently being
followed by the education providers already approved by the Department of State to offer
qualifying education for bail enforcement agents.

Department of State
Subject Qualifying Experience and Education for Real Estate Appraisers
Citation Amendment of sections 1103.1, 1103.3, 1103.7, 1103.8, 1103.10, 1103.12(a),
1103.21, 1103.22(f), 1107.2, 1107.4(b)-(d), 1107.5 and 1107.9; repeal of sections 1103.9,
1105.1, 1105.2, 1105.3, 1105.4, 1105.5, 1105.6, 1105.7 and 1105.8; and addition of
sections 1103.9, 1105.1, 1105.2, 1105.3, 1105.4, 1105.5, 1105.6 and 1105.7 to Title 19
NYCRR.
State Register ID No. DOS-50-08-00013-E
State Register Date December 10, 2008
Minimizing Adverse Impacts The Department of State has not identified any adverse
economic impact of this rule. The rule does not impose any additional reporting or
record keeping requirements on licensees and does not require prospective licensees to
take any affirmative acts to comply with the rule other than those acts that are already
required pursuant to Executive Law, Article 6-E.

Department of State
Subject Firefighter Training
Citation Addition of Part 438 to Title 19 NYCRR
State Register ID No. DOS-51-08-00004-E
State Register Date December 17, 2008
Minimizing Adverse Impacts The proposed rule sets forth a voluntary process whereby
counties and fire departments may make requests for firefighter training. Since the rule
would regulate the administration of a State program rather than the activities of counties
and fire departments, engaging in this voluntary process would not have any adverse
economic impact on these entities.

Department of Taxation and Finance
Subject Taxable Sales by Certain Exempt Organizations
Citation 20 NYCRR amend sections 526.10, 529.7, 529.8 and 529.9
State Register I.D. No. 44-08-00016
State Register Date October 29, 2008
Minimizing Adverse Impact Legislation requires all section 1116(a)(4), (5), and (6)
exempt organizations to collect sales tax on specific taxable sales. The statute does not
distinguish exempt organizations that are small businesses from those that are not.
Accordingly, different compliance and reporting requirements or timetables unique to


                                            15
small businesses are not practical approaches for this rule. However, the Tax Law and
existing regulations do have provisions that minimize compliance requirements imposed
on persons required to collect tax, including vendors. For example, at their discretion,
vendors may keep records electronically; and certain vendors may file returns and pay
taxes on an annual basis, rather than monthly or quarterly.

Office of Temporary and Disability Assistance
Subject Automated Finger Imaging System
Citation Amendment of section 387.9(c)(1) and (2); and addition of section 387.9(c)(3)
to Title 18 NYCRR.
State Register I.D. No. TDA-40-08-00002-P
State Register Date October 1, 2008
Minimizing Adverse Impact The proposed amendment would not have an adverse
economic impact on social services districts. The social services districts would be able
to comply with the proposed amendment when it becomes effective.

Office of Temporary and Disability Assistance
Subject Utility Service
Citation Amendment of section 352.5(e) of Title 18 NYCRR.
State Register I.D. No. TDA-48-08-00001-E
State Register Date November 26, 2008
Minimizing Adverse Impact It is anticipated that the fiscal impact of this regulatory
change would be minimal. This proposed amendment would allow the districts to meet
the immediate energy needs of applicants this winter, during the period of cold weather
from November 1st through April 15th. There would be no adverse economic impact on
small businesses.

Urban Development Corporation
Subject Economic Development and Job Creation Throughout New York State
Citation Addition of Part 4245 to Title 21 NYCRR
State Register ID No. UDC-40-08-00004-E
State Register Date October 1, 2008
Minimizing Adverse Impacts The revised rule will have no adverse economic impact
on small businesses or local governments.

Urban Development Corporation
Subject The Investment Opportunity Fund Program
Citation Addition of Part 4246 to Title 21 NYCRR
State Register ID No. UDC-51-08-00002-E
State Register Date December 17, 2008
Minimizing Adverse Impacts This rule was designed to facilitate the provision of
loans, loan guarantees, equity investments, grants and other economic development
financing to public and private sector project sponsors. As such, positive impacts are
anticipated. Local governments, when acting as lead project sponsor, must submit a
resolution adopted by their legislative body indicating the project is consistent with local


                                             16
or regional plans, and certify other local project characteristics such as economic
development leverage and infrastructure enhancement.

Urban Development Corporation
Subject Economic Development and Job Creation Throughout New York
State and Preservation of Public Health and Public Safety
Citation Addition of Part 4245 to Title 21 NYCRR
State Register ID No. UDC-53-08-00004-E
State Register Date December 31, 2008
Minimizing Adverse Impacts The revised rule will have no adverse economic impact
on small businesses or local governments.

Workers’ Compensation Board
Subject Filing Written Reports of Independent Medical Examinations (IMEs)
Citation 12 NYCRR amend section 300.2(d)(11)
State Register I.D. No. 41-08-00001-E
State Register Date October 8th, 2008
Minimizing Adverse Impact Self-insured municipal employers, self-insured non-
municipal employers, independent medical examiners, and entities that derive income
from independent medical examinations will be required to file reports of independent
medical examinations within ten business days, rather than ten calendar days, in order
that such reports may be admissible as evidence in a workers’ compensation proceeding.
The new requirement is solely the manner in which the time period to file reports of
independent medical examinations is calculated. This proposed rule is designed to
minimize adverse impacts on small businesses and local governments by allowing more
flexible time requirements for filing IME reports.

Workers’ Compensation Board
Subject To Increase Arbitration Filing Fees Associated With the WCB’s Health Insurers
Matching Program (HIMP)
Citation 12 NYCRR Section 325-6.15
State Register I.D. No. 43-08-00001-P
State Register Date October 22, 2008
Minimizing Adverse Impact The Board has attempted to minimize any adverse impact
on small businesses that act as agents for health insurers by balancing the real need to
increase arbitration filing fees against the importance of keeping arbitration filing fees
reasonable. In the future, the Board plans to assess the appropriateness of arbitration
filing fees on a more regular basis so that any potential fee increases will occur
incrementally over time.

Workers’ Compensation Board
Subject Pharmacy and Durable Medical Equipment Fee Schedules
Citation 12 NYCRR add parts 440 and 442
State Register I.D. No. 43-08-00007-E
State Register Date October 22, 2008



                                            17
Minimizing Adverse Impact This proposal will impose minimal compliance costs on
small businesses or local governments which will be more than offset by the savings
afforded by the fee schedule. There are filing and notification requirements that must be
met by small businesses and local governments as well as any other entity that utilizes a
pharmacy network. Notices are required to be posted in the workplace informing
workers of a designated network pharmacy. This proposed rule is designed to minimize
adverse impacts to all insurance carriers, employers, self-insured employers and
claimants. The rule provides a process for reimbursement of prescription drugs as
mandated by WCL section 13(i). Further, the notice requirements are to ensure a
claimant uses a network pharmacy to maximize savings for the employer, as any savings
for the carrier can be passed on to the employer. The costs for compliance are minimal
and are offset by the significant savings by using Medicaid as the index for a pharmacy
fee schedule instead of reimbursement at retail prices as currently exists.

Workers’ Compensation Board
Subject Dental Fee Schedule
Citation 12 NYCRR add Part 444
State Register I.D. No. 52-08-00004-P
State Register Date December 24, 2008
Minimizing Adverse Impact This proposed rule is designed to minimize adverse
impacts on all insurance carriers, employers, self-insured employers and claimants,
including those that are small businesses or local governments. The Chair is required to
set a dental fee schedule by statute. As part of the development, dental fees from dentists
were reviewed to create a statewide fee schedule that would be fair across the State. The
Chair was conscious of the need to draft a fee schedule which would not limit access to
dental services by injured workers, a situation that already exists. As the fee schedule is
based, in part, on data directly received from dentists in response to a survey conducted
by the New York State Dental Association (NYSDA), dental practices which are small
businesses should receive adequate and appropriate compensation for dental services
provided to injured workers. Small businesses and local governments should benefit
from this rule, as it sets a fair reimbursement level that will ensure that dentists are
willing to provide the services without increasing costs. Further, having a fee schedule
and a process for the payment of bills will reduce disputes about the payment of dental
bills which reduces costs for everyone. The Board could not set a different fee schedule
or different process depending on whether the employer is a self-insured local
government or a member of a group self-insured trust as this is information that the
dentist would likely not have at the time of treatment, so he would not know what fee to
use or process applied.




                                            18
Appendix
                              LAWS OF NEW YORK, 2005

                                      CHAPTER 637

AN ACT to amend the state administrative procedure act, in relation to requiring the
governor's office of regulatory reform to issue a report to assess whether various state
agencies have complied with the requirement to consider the impact of proposed
regulations on small businesses

Became a law August 30, 2005, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact
as follows:

Section 1. Section 202-b of the state administrative procedure act is amended by adding a
new subdivision 8 to read as follows:
8. The governor's office of regulatory reform shall issue quarterly reports to the
governor and the legislature identifying the alternative approaches utilized by state
agencies to minimize any adverse economic impact of rules on small businesses and
local governments, in accordance with subdivision one of this section.

§2. This act shall take effect July 1, 2005.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we
hereby jointly certify that this slip copy of this session law was printed under our
direction and, in accordance with such section, is entitled to be read into evidence.



            JOSEPH L. BRUNO                                SHELDON SILVER
       Temporary President of the Senate                Speaker of the Assembly




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