N.Y. Comp. Codes R. & Regs. tit. 10, § 86-1.16
(b) For periods on and after December 1, 2009, the "base period" shall be the 2005 calendar year and "operating costs" shall be those reported by each facility to the department prior to July 1, 2009.
(3) Discharges, as defined in section 86-1.15(n) of this Subpart, but excluding the factors set forth in section 86-1.15(n)(3) of this Subpart, as used for non-comparable adjustments shall be based on reported 2007 data.
(c)