Home » 2015 Issues » October 07, 2015 » CFS-25-15-00004-A To Allow the Business Enterprise Program to Expand Opportunities for Employment of Blind and Visually Impaired Individuals
CFS-25-15-00004-A To Allow the Business Enterprise Program to Expand Opportunities for Employment of Blind and Visually Impaired Individuals
10/7/15 N.Y. St. Reg. CFS-25-15-00004-A
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 40
October 07, 2015
RULE MAKING ACTIVITIES
OFFICE OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTION
I.D No. CFS-25-15-00004-A
Filing No. 809
Filing Date. Sept. 21, 2015
Effective Date. Oct. 07, 2015
To Allow the Business Enterprise Program to Expand Opportunities for Employment of Blind and Visually Impaired Individuals
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 729.1, 729.2, 729.14, 729.18, 729.19 and 729.20 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20, 34 and 38; Unconsolidated Law, section 8714-a
Subject:
To allow the Business Enterprise Program to expand opportunities for employment of blind and visually impaired individuals.
Purpose:
To allow the Business Enterprise Program to expand opportunities for employment of blind and visually impaired individuals.
Substance of final rule:
Amendment of 18 NYCRR Part 729
Section 729.1 of Title 18 is amended pursuant to Chapter 532 of the Laws of 2010 to include buildings which house an authority, agency or entity whose board of directors or executives are appointed by the Governor, or any airport located in the State of New York, as potential locations at which the Commission is authorized to establish a Business Enterprise Program vending facility.
Paragraph (b) of Section 729.2 is amended to include the reference to Chapter 532 of the Laws of 2010.
Paragraph (c) Section 729.2 is amended to reflect the name change of the Commission pursuant to Chapter 265 of the Laws of 2013.
Paragraph (e) of Section 729.2 is amended to expand the definition of “Instrumentality of the State” to include all authorities and airports located in the state of New York.
Paragraph (d) Section 729.14 is amended to expand protections against discrimination for vending facility employees.
Section 729.18 is amended to clarify the Commission’s procedures to establish new locations for the operation of vending facilities. The section is retitled “Vending facility operating agreements with Licensees.” Protections against discrimination for vending facility patrons are expanded. Paragraphs (a) through (c) of this section are deleted and moved to Section 729.19.
Section 729.19 is amended to eliminate the minimum population requirement in State buildings for the Commission to exercise its priority. Prior exemptions for the State University of New York, New York State Thruway Authority and the Department of Corrections and Community Supervision are also eliminated. Paragraphs (a) through (c) of 729.18 have been moved to this section for clarity, and other paragraphs in the existing regulations are reordered.
New paragraph 729.19(f) is added, to provide factors to be examined in determining if a particular location is feasible for the operation of a vending facility. Information the Commission will consider in determining if the location would be adverse to the interests of the state is also set forth.
Section 729.19 is further amended to require agencies, authorities and other entities covered by Chapter 532 of the Laws of 2010 to annually designate a contact to communicate with the Commission regarding Business Enterprise Program matters.
Section 729.20(b) is amended to condition a blind licensee’s receipt of income from vending machines adjacent to the vending facility operated by that blind licensee upon the scope of the vending facility permit as well as whether the receipt of such income by the blind licensee would be adverse to the interests of the state.
Final rule as compared with last published rule:
Nonsubstantial changes were made in sections 729.2(c), 729.14(d) and 729.19(a).
Text of rule and any required statements and analyses may be obtained from:
Public Information Office, New York State Office of Children and Family Services, 52 Washington Street, Rensselaer, New York 12144, (518) 473-7793, email: info@ocfs.ny.gov
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Changes made to the rule do not necessitate any changes to the previously published regulatory impact statement, regulatory flexibility analysis, rural area flexibility analysis and job impact statement.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The Office of Children and Family Services (OCFS) received written comments from one commentator on the proposed regulations regarding changes to Part 729 of Title 18 of the NYCRR, to implement the expansion of the Business Enterprise Program (BEP) priority, pursuant to Chapter 532 of the Laws of 2010. The commentator was a member of the Legislature.
Comment:
The commentator noted that the proposal included an expansion of protections against discrimination by the licensee in the provision of goods and services to the public, but did not expand protections against discrimination in selecting employees for vending facilities. It was suggested that the regulation at 18 NYCRR 729.14(d) be amended to include the same protections against discrimination afforded to the general public as well on the basis of domestic violence victim status and predisposing genetic characteristics.
Response:
This section of regulation has not been revised since 2002, and thus predates the enactment of statutory changes to the Executive Law which added bases to protections against discrimination on the basis of domestic violence victim status and predisposing genetic characteristics. The regulations at 18 NYCRR 729.14(d) explicitly require licensees to comply with the New York State Human Rights Law in the selection of employees, therefore these additional bases are currently included. However, the regulations were revised in response to this comment with a non-substantive change to existing section 729.14(d).
Comment:
The commentator noted that the proposal does not amend the name of the Commission in accordance with Chapter 265 of the Laws of 2013, which revised the full name of the Commission to the “NYS Commission for the Blind.”
Response:
These regulatory changes were initially drafted prior to the enactment of Chapter 265 of the Laws of 2013. However, the regulations were revised in response to this comment and a non-substantive change to existing section 729.2(c) was made in accordance with Chapter 265 of the Laws of 2013.
Additionally, in response to oral comments received, the regulations were revised and a non-substantive change to existing section 729.19(a) to clarify that the Commission’s authority to establish vending facilities includes the ability to place vending machines at covered locations.
