---------------------------- Utah State Digest, Vol. 2016, No. 2 (January 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed December 16, 2015, 12:00 AM through December 31, 2015, 11:59 PM Volume 2016, No. 2 January 15, 2016 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Division of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at http://www.rules.utah.gov/publicat/bulletin.htm. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3764. Additional rulemaking information and electronic versions of all administrative rule publications are available at http://www.rules.utah.gov/. The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by e-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Division of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Notice of Public Hearing for the Sulfur Dioxide Milestone Report - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/sn157036.htm Notice for February 2016 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/sn157068.htm 2. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between December 16, 2015, 12:00 a.m., and December 31, 2015, 11:59 p.m. are summarized in this, the January 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the January 15, 2016, issue of the Utah State Bulletin until at least February 16, 2016 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through May 14, 2016, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. ADMINISTRATIVE SERVICES FINANCE No. 40042 (Amendment): R25-7-10. Reimbursement for Transportation. SUMMARY OF THE RULE OR CHANGE: The rule decreases the reimbursement rate for mileage on private vehicles. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 01/01/2016 is under DAR No. 40046 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be a decrease in cost to the state as mileage reimbursements are decreasing. However, the agency cannot determine exactly what the decrease will be because it is impossible to anticipate how much travel state employees will do. - LOCAL GOVERNMENTS: There will not be costs to local governments because the rule only governs reimbursements by the state to individuals traveling on state business. - SMALL BUSINESSES: Because this change deals only with reimbursement rates for mileage for state employees, small businesses are not affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see a decrease in their mileage reimbursement amounts for travel in private vehicles. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes mileage reimbursement rates and does not require any new action on the part of persons applying for reimbursements, there are not compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are warranted. Individuals may see a slight decrease in reimbursement amounts; however, the Division cannot determine exactly what the decrease will be as that depends on the amount of travel by individuals eligible for mileage reimbursement. This rule change will have no impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40042.htm PURCHASING AND GENERAL SERVICES No. 40048 (Amendment): R33-6-114. Technology Acquisitions for Executive Branch Procurement Units. SUMMARY OF THE RULE OR CHANGE: Section R33-6-114 is being deleted from the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to the state budget. The changes to the rule simply removes the section on technology acquisitions for executive branch procurement units. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected to local government. Section R33-6-114 is being removed from the rule, and only applies to executive branch procurement units. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected to small businesses. Small businesses are not affected by the amendment, as Section R33-6-114 only applies to executive branch procurement units, and said section is being removed from the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected to persons other than small businesses, businesses, or local government entities. Such persons are not affected by the amendment, as Section R33-6- 114 only applies to executive branch procurement units, and said section is being removed from the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for the affected persons. The change to the rule is to delete the section on technology acquisitions for executive branch procurement units. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that the rule may have on businesses. Businesses are not affected by the removal of Section R33-6- 114 as it only applies to executive branch procurement units ability to determine whether a new technology exists. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40048.htm No. 40047 (Amendment): R33-12-502. Technology Modifications. SUMMARY OF THE RULE OR CHANGE: Section R33-12-502 has been rewritten to comply with the Board's decision to clarify some recent issues pertaining to technology acquisitions, including that the Technology Advisory Board no longer meets or functions, and as a result, the recommendation from DTS was to have approvals made by the director of DTS. Additionally, Section R33-12- 502 will now address contract modifications for new technology and technological upgrades, which will require obtaining the approval of the executive director of DTS. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to the state budget. The changes to the rule simply rewrite Section R33-12-502 to provide clarification on recent issues pertaining to technology acquisitions, which includes addressing contract modifications for new technology and technological upgrades. - LOCAL GOVERNMENTS: There are no anticipated costs or savings that are expected for local government. The changes to the rule simply rewrite Section R33-12-502 to provide clarification on recent issues pertaining to technology acquisitions, which includes addressing contract modifications for new technology and technological upgrades. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected for small businesses. Small businesses are not affected by the amendment as the rule only applies to contract modifications for new technology and technological upgrades, and requires executive branch procurement units to obtain the approval of the executive director of DTS. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected for persons other than small businesses, businesses, or local government. Said persons are not affected by the amendment as the rule only applies to contract modifications for new technology and technological upgrades, and requires executive branch procurement units to obtain the approval of the executive director of DTS. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes to the rule simply rewrite Section R33-12-502 to provide clarification on recent issues pertaining to technology acquisitions, which now addresses contract modifications for new technology and technological upgrades. Additionally, the rule only applies to contract modifications for new technology and technological upgrades, and requires executive branch procurement units to obtain the approval of the executive director of DTS. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that the rule may have on businesses. The changes only address that a contract for a procurement item may be modified to include new technology or technological upgrades associated with the procurement item. Additionally, the change only provides clarification on recent issues pertaining to technology acquisitions, which includes addressing contract modifications for new technology and technological upgrades. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40047.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40000 (Amendment): R156-47b. Massage Therapy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: The existing Subsection R156-47b-302(3) is deleted as obsolete language per the change made to Subsection R156-47b- 302b(1). A new Subsection R156-47b-302(3) is added to allow supplemental coursework to be considered when an applicant has completed the required 600 total education hours but has incidental deficiencies in one or more of the required curriculum. Subsection R156-47b-302a(1)(a)(iii) amends the minimum experience requirement for an applicant who completed education in the United states but not in Utah from 2,000 hours to 3 years of licensed experience. Subsection R156-47b-302a(1)(b)(ii) amends the minimum experience requirement for an applicant who completed foreign education from 2,000 hours to 3 years of licensed experience. Subsection R156-47b-302a(1)(c)(i) amends the out of state apprenticeship program "equivalent" requirement to "substantially equivalent" requirement, as determined by the Division in collaboration with the Board of Massage Therapy. Subsection R156-47b-302a(1)(c)(iii) amends the minimum experience requirement for an applicant who completes an apprenticeship in the Unites States but not in Utah from 4,000 hours to 3 years of licensed experience. Subsection R156-47b-302b(1) amends the examination requirement to require the Federation of State Massage Therapy Boards (FSMTB) Massage and Bodywork Licensing Examination (MBlex) as the sole examination meeting the examination requirement. The deleted examinations are no longer in existence. Subsection R156-47b-302b(2) is deleted as redundant language. Subsection R156-47b-302b(2) is added to grandfather predecessor exams if the exam was passed during the time the exam was accepted by the Division. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensed massage therapists, massage apprentices, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments will potentially affect licensed massage therapists who are generally self-employed, leasing space, or employed by a company. The proposed amendment to Subsection R156-47b-302(3) should result in a cost savings to applicants who are allowed to complete supplemental coursework rather than retake the entire 600 hours of coursework. It would not be typical for 2,000 hours to be acquired in less than 3 years; therefore, the proposed amendments to Subsection R156-47b- 302a(1)(a)(iii) and Subsection R156-47b-302a(1)(b)(ii) will have no significant impact. The proposed amendment to Subsection R156-47b- 302a(1)(c)(iii) will establish consistency of the experience requirements and will have no significant impact. The Division is not able to estimate the aggregate cost savings to small businesses or the public. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments will potentially affect licensed massage therapists who are generally self-employed, leasing space, or employed by a company. The proposed amendment to Subsection R156-47b-302(3) should result in a cost savings to applicants who are allowed to complete supplemental coursework rather than retaking the entire 600 hours of coursework. It would not be typical for 2,000 hours to be acquired in less than 3 years; therefore, the proposed amendments to Subsection R156-47b-302a(1)(a)(iii) and Subsection R156-47b-302a(1)(b)(ii) will have no significant impact. The proposed amendment to Subsection R156-47b-302a(1)(c)(iii) will establish consistency of the experience requirements and will have no significant impact. The Division is not able to estimate the aggregate cost savings to other businesses or the public. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment to Subsection R156-47b-302(3) should result in a cost savings to applicants who are allowed to complete supplemental coursework rather than retaking the entire 600 hours of coursework. It would not be typical for 2,000 hours to be acquired in less than 3 years; therefore, the proposed amendments to Subsection R156-47b- 302a(1)(a)(iii) and Subsection R156-47b-302a(1)(b)(ii) will have no significant impact. The proposed amendment to Subsection R156-47b- 302a(1)(c)(iii) will establish consistency of the experience requirements and will have no significant impact. The individual impact of such savings cannot be estimated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This filing makes changes to: give the Division and Board discretion to license applicants who have completed the required 600 education hours, but are deficient in one or more of the required curriculum categories; reflect current exam requirements; and determine experience based on years of experience instead of number of hours. No costs are anticipated for small businesses due to these proposed amendments. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/19/2016 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40000.htm REAL ESTATE No. 40041 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: Section R162-2f-102 is proposed to be amended to define the terms "closing gift" and "inducement gift." Section R162-2f- 401a is proposed to be amended to delete the current rule regarding inducement gifts. Section R162-2f-401i is proposed to be amended to require the following: 1) that the auctioneer be a licensed principal broker or affiliated with a licensed principal broker; and 2) that the auctioneer/auction company shall not advertise directly to an owner of real property who is already subject to an agency agreement. Section R162-2f-401l is proposed to be added to the rule to clarify that an inducement gift and/or a closing gift are not prohibited as an illegal sharing of a commission by a licensee. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The division has the staff and budget in place to administer this proposed amendment. It is not expected that the proposed amendment will affect those resources or result in any cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the real estate licensing and practices rules. No fiscal impact to local government is expected from the proposed amendment. - SMALL BUSINESSES: The proposed amendment requires real estate auction companies to hire or affiliate with a licensed real estate broker. To the extent that an auctioneer has not previously been licensed as or affiliated with a real estate broker, there could be some fiscal impact on these small businesses. Some auction companies have been affiliated with real estate brokers. The fiscal impact to small business will vary and cannot be anticipated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: With the exception of affected persons noted in section 8 of this notice, no fiscal impact to persons other than small businesses, businesses, or local government entities is anticipated. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment requires real estate auction companies to hire or affiliate with a licensed real estate broker. To the extent that an auctioneer or auction company has not previously been licensed as or affiliated with a real estate broker, there could be some fiscal impact on these persons and companies. Some auction companies have been affiliated with real estate brokers and will be unaffected by the proposed rule amendment. The fiscal impact to affected persons will vary and cannot be anticipated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, this rule defines and clarifies rules relating to closing and inducement gifts, and amends the real estate auction rules to require auction companies and auctioneers to either be licensed as a principal broker or be affiliated with a principal broker when performing real estate auctions. This proposed rule amendment will fiscally impact real estate auction companies and auctioneers, whether they choose to become licensed or to affiliate with a principal broker. Obtaining and maintaining a principal broker license would certainly impact auction companies or auctioneers. And the alternative, to affiliate with a licensed principal broker rather than become licensed, requires the principal broker to supervise all aspects of the auction, including attending the auction. This supervision and attendance will likely incur fees and also fiscally impact auction companies and auctioneers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40041.htm CORRECTIONS ADMINISTRATION No. 40039 (Amendment): R251-109. Sex Offender Treatment Providers. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies treatment provider standards and requirements, i.e., years to renew treatment provider status, number of hours of direct clinical experience to be an approved treatment provider to include number of hours of evaluation experience, and number of hours of sex offender treatment. The number of continuing education is 20 hours every 2 years. Failure to reapply every two years shall result in the provider being removed from the approved provider list. An appeal process is added if the provider is removed from the approved list. The program requirements for offenders are included. The notification to offenders and Adult Probation and Parole of the offender status are included as well. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The new rule actually decreases the hours of specific training/education required. - LOCAL GOVERNMENTS: The new rule actually decreases the hours of specific training/education required. - SMALL BUSINESSES: The amendments to the rule modify already existing minimum standards and program requirements for therapists providing treatment to sex offenders under the jurisdiction of the Department of Corrections. To the extent that the treatment is being provided by one or more therapists from a small business, the Department of Corrections does not anticipate that the costs to such small businesses will be affected by the changes to this rule. Many of the changes serve only to clarify the rule. In addition, the amendments are not substantial changes and do not alter the already existing minimum standards and program requirements in a way that is likely to significantly increase costs to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to the rule modify already existing minimum standards and program requirements for therapists providing treatment to sex offenders under the jurisdiction of the Department of Corrections. The Department of Corrections does not anticipate that the costs to such therapists will be affected by the changes to this rule. Many of the changes serve only to clarify the rule. In addition, the amendments are not substantial changes and do not alter the already existing minimum standards and program requirements in a way that is likely to significantly increase costs to therapists. COMPLIANCE COSTS FOR AFFECTED PERSONS: The new requirements actually decreases the hours of specific training/education required. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Corrections does not anticipate that the changes to this rule will have a fiscal impact on businesses, given the limited changes that were made. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steven Turley by phone at 801-545-5633, by FAX at 801-545-5726, or by Internet E-mail at sturley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/25/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40039.htm ENVIRONMENTAL QUALITY DRINKING WATER No. 40031 (Amendment): R309-105-4. General. SUMMARY OF THE RULE OR CHANGE: The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-105, the changes made address using certified laboratories. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring, it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey. - LOCAL GOVERNMENTS: For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced. - SMALL BUSINESSES: For small businesses that have their own public water system, there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director agrees with the fiscal impacts detailed above. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/20/2016 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40031.htm No. 40032 (Amendment): R309-110-4. Definitions. SUMMARY OF THE RULE OR CHANGE: The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-110, the changes made address updates and additions to the definitions. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring, it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey. - LOCAL GOVERNMENTS: For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced. - SMALL BUSINESSES: For small businesses that have their own public water system, there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director agrees with the fiscal impacts detailed above. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/20/2016 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40032.htm No. 40033 (Amendment): R309-200-5. Primary Drinking Water Standards. SUMMARY OF THE RULE OR CHANGE: The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-200, the changes made address updates to the maximum contaminant level evaluation. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring, it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey. - LOCAL GOVERNMENTS: For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced. - SMALL BUSINESSES: For small businesses that have their own public water system, there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director agrees with the fiscal impacts detailed above. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/20/2015 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40033.htm No. 40034 (Amendment): R309-210. Monitoring and Water Quality: Distribution System Monitoring Requirements. SUMMARY OF THE RULE OR CHANGE: The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-210, the changes made address updates to the monitoring required by system type and population. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring, it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey. - LOCAL GOVERNMENTS: For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced. - SMALL BUSINESSES: For small businesses that have their own public water system, there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director agrees with the fiscal impacts detailed above. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/20/2016 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40034.htm No. 40035 (New Rule): R309-211. Monitoring and Water Quality: Distribution System – Total Coliform Requirements. SUMMARY OF THE RULE OR CHANGE: The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-211, the changes made address updates to the monitoring required by system type and population. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring, it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey. - LOCAL GOVERNMENTS: For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced. - SMALL BUSINESSES: For small businesses that have their own public water system there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director agrees with the fiscal impacts detailed above. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/20/2016 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40035.htm No. 40036 (Amendment): R309-215. Monitoring and Water Quality: Treatment Plant Monitoring Requirements. SUMMARY OF THE RULE OR CHANGE: The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-215, the changes made address updates to the monitoring required by system type and population. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring, it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey. - LOCAL GOVERNMENTS: For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced. - SMALL BUSINESSES: For small businesses that have their own public water system, there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director agrees with the fiscal impacts detailed above. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/20/2016 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40036.htm No. 40037 (Amendment): R309-220. Monitoring and Water Quality: Public Notification Requirements. SUMMARY OF THE RULE OR CHANGE: The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-220, the changes made address updates to the public notice requirements. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring, it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey. - LOCAL GOVERNMENTS: For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced. - SMALL BUSINESSES: For small businesses that have their own public water system, there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director agrees with the fiscal impacts detailed above. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/20/2016 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40037.htm No. 40038 (Amendment): R309-225. Monitoring and Water Quality: Consumer Confidence Reports. SUMMARY OF THE RULE OR CHANGE: The Revised Total Coliform Rule (RTCR) requires changes to many of the Division's rules; therefore, the information and comments provided in this form will be applicable to the necessary changes to Rules R309-105, R309-110, R309-200, R309-210, R309-211, R309-215, R309-220, and R309-225 in aggregate. In this specific rule, R309-225, the changes made address updates to the annual water quality report or consumer confidence report requirements. (DAR NOTE: The proposed amendment to Rule R309-105 is under DAR No. 40031, the proposed amendment to Rule R309-110 is under DAR No. 40032, the proposed amendment to Rule R309-200 is under DAR No. 40033, the proposed amendment to Rule R309-210 is under DAR No. 40034, the proposed new Rule R309-211 is under DAR No. 40035, the proposed amendment to Rule R309-215 is under DAR No. 40036, the proposed amendment to Rule R309-220 is under DAR No. 40037, and the proposed amendment to Rule R309-225 is under DAR No. 40038 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Along with the final rule language, EPA presented the estimated increase in annual cost nationwide with the new requirements. They estimate nationwide there will be an increase of $30,000,000. With an implementation plan of monthly monitoring it would be $30,000,000 nationwide. Utah is a 1% state. As such, the increase projected from the national estimate for Utah would be $300,000, respectively. The costs are estimated to be incurred 90% by public water systems and 10% by the state primacy programs; therefore, the estimated impact to the state budget based on EPA's cost analysis would be $30,000 per year. It is important to note this cost estimate also includes the cost of fixing sanitary defects (significant deficiencies) found in the system infra-structure which would be independently required to be fixed upon discovery during a sanitary survey. - LOCAL GOVERNMENTS: For local governments, the cost will not change. Base monitoring will stay the same, and for small communities, the follow-up monitoring requirements have been slightly reduced. - SMALL BUSINESSES: For small businesses that have their own public water system, there will be a cost impact. Base monitoring will switch from one sample per calendar quarter to one sample per month. For routine monitoring, the requirements will increase the samples from 4 per year to 12 per year. The increase in routine sample costs for just the laboratory analysis will be approximately $250 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule will impact USFS campgrounds and kids camps. Base monitoring will switch from one sample per calendar quarter to one sample per month of operation. Most of these systems operate only part of the year (May through September). For routine monitoring, the requirements will increase the samples from two to three per year to one sample for each month of operation. The increase in routine sample costs for just the laboratory analysis will be approximately $100 to $150 per year. This estimate does not include the transport of the sample to a certified lab. The transportation cost will vary greatly and will likely be mitigated by other required business near certified labs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule impacts every public water system and every person in the state. It is unlikely the rule will independently impact the water rate structure of any community water system. The relatively small cost impact on transient and non-transient system (recreational type facilities and industrial type facilities) should not independently affect consumer costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Executive Director agrees with the fiscal impacts detailed above. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 01/20/2016 01:00 PM, MSOB, 195 N 1950 W, DEQ Board Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40038.htm GOVERNOR ECONOMIC DEVELOPMENT No. 40028 (Repeal and Reenact): R357-7. Utah Capital Investment Board. SUMMARY OF THE RULE OR CHANGE: This rule establishes criteria and procedures for the allocation and issuance of contingent tax credits by the Board. The old rule also established the criteria and procedures for the allocation and issuance of contingent tax credits by the Board. However, this new rule removes all of the old criteria and replaces them with a new set of criteria that is contingent on the Utah Capital Investment Corporation showing economic impact of referrals and subsequent investments. The old rule was based on a system where tax credits were issued based on debt financing for the amount of the investment made by the investor. The new criteria is based on equity investments that show economic impact and are calculated based upon what is now listed in the updated statute. The rule further adds how an investor becomes eligible to receive the tax credits including the issuance of a certificate of eligibility and the form such certificate shall take. The rule further adds the process for several newly created requirements including the assessment of likelihood of tax credit redemption, the criteria for calculating the economic impact of any given investment, criteria for establishing the Target Rate of Return for the investment portfolios, and the process for claiming and redeeming the tax credits. The old rule had similar criteria but these have been updated to reflect the new statutory changes to program while keeping the old criteria in rule for tax credits made prior to 07/01/2015. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is the potential for some impact to state budget regarding this rule because it determines how and in what amount certain tax credits would be given due to investments made by the Utah Capital Investment Corporation. The criteria in this rule will establish how these determinations are made and could impact the state budget. - LOCAL GOVERNMENTS: There is no perceived impact to local governments because they cannot apply for or receive these tax credits. - SMALL BUSINESSES: This rule does not impact small businesses because it determines a tax credit for investments based on economic impact as demonstrated by the Utah Capital Investment Corporation. The rule does not create any new requirements for businesses or any other potential costs creations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule will not impact any other persons because it pertains solely to the economic impacts created by investments facilitated by the Utah Capital Investment Corporation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because this rule outlines how a tax credit is awarded and calculated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule may have some fiscal impact to the state budget in regards to the determination of tax credit eligibility and amount. Otherwise, there are no other costs associated with this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40028.htm No. 40027 (New Rule): R357-13. Hotel Convention Center Incentive. SUMMARY OF THE RULE OR CHANGE: This rule identifies the following: 1) procedures by which the Governor's Office of Economic Development may enter into an agreement with a qualified hotel owner for the development of a qualified hotel and authorize and set conditions for a convention incentive under the New Convention Facility Development Incentive Act; 2) minimum criteria for an agreement with a qualified hotel owner; 3) roles and responsibilities of the independent review committee; 4) procedures for calculating and paying the convention incentive; and 5) administrative procedures for the Hotel Impact Mitigation Fund. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule does not impact the state budget. It outlines criteria for an incentive already accounted for via statute. - LOCAL GOVERNMENTS: This rule does not impact local governments. The statute already addresses impacts to local government budgets and this rule does not increase or decrease these impacts. - SMALL BUSINESSES: This rule may impact small businesses that are hotels regarding their eligibility to participate in the mitigation fund program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no other persons or groups that would be impacted by this rule. It only impacts hotels and the qualified hotel that is awarded the convention hotel incentive via a request for proposal process. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this rule unless such costs are incurred to meet the criteria of eligibility. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule does not bare any fiscal impact to the state or other parties outside of costs incurred to become eligible for any given criteria contained within this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40027.htm HEALTH ADMINISTRATION No. 40049 (Amendment): R380-40. Local Health Department Minimum Performance Standards. SUMMARY OF THE RULE OR CHANGE: The changes include the following: 1) definitions are updated to include "evidence-based services" and define "primary care specialty"; 2) the section requiring a joint negotiation of specific standards between the Utah Department of Health (UDOH) and each local health department (LHD) is removed so that the standards in this rule apply to all LHDs; 3) the section on corrective action is revised to clarify the process by which UDOH will communicate and the LHD will respond when a LHD might be or is out of compliance; 4) the requirements for a Local Health Officer (LHO) are separated into a separate section, and requirements are updated, including removing the requirement for a physician LHO to have a master's degree plus experience and requiring all nonphysician LHOs to have a master's degree. The requirements for a LHD to employ or contract with a physician if the LHO is not a physician are clarified. While an exemption to the standards may be granted for a LHO in position, the ability to grant an exemption after that time is removed; 5) a requirement is added for a LHD to employ an epidemiologist; 6) Personal Health Services is expanded to include population health services reflecting current public health practice. Several outdated requirements are removed and replaced by a simpler requirement to conduct community assessments and develop evidence-based programs to address identified priorities. A requirement to provide epidemiology services was added; 7) Environmental Health Programs is simplified to clarify that the LHD is responsible to enforce state rules in this area. Several responsibilities that relate to the Department of Environmental Quality (DEQ) were removed; 8) a Public Health Emergency Preparedness section is added to address this area that has emerged since the last rule revision; and 9) other out-of-date requirements are removed in several areas. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This change in the rule is not expected to result in new costs or savings to the state budget. This is an update to an existing rule with no change in the requirements to the state budget. It is possible that certain local health departments that have difficulty meeting the standards could request additional funding, but the rule doesn't require the state budget to fund those requests. There will be costs to monitor adherence to the standards that can be met with existing state budget resources. - LOCAL GOVERNMENTS: This change will remove outdated requirements and add some new requirements. Since the previous rule was not enforced for several years, it is possible that a clearer rule which can be consistently enforced will result in new costs for LHDs. The amount of those costs cannot be estimated based on available information, but the department believes that any costs should be minimal. - SMALL BUSINESSES: This change is not expected to result in costs or savings to small businesses because the rule does not contain provisions that apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change is not expected to result in costs or savings to businesses, individuals, or local governments other than as described above for LHDs. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change should not result in compliance costs for any persons with the possible exception of a LHD or a county that operates a LHD. The agency believes any costs for a LHD to comply should be minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the rule changes affect only LHDs and do not change any payment or funding directed to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robert Rolfs by phone at 801-538-6111, by FAX at 801-538-6306, or by Internet E-mail at rrolfs@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40049.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40043 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: The Department incorporates by reference the Utah Medicaid State Plan and approved State Plan Amendments (SPAs) to 01/01/2016. Specifically, the Department incorporates by reference SPA 15- 0004-UT Targeted Case Management for the Homeless, which removes obsolete language from the State Plan regarding Targeted Case Management (TCM) for individuals who are homeless. Individuals who are homeless, eligible for Medicaid under the State Plan, and are seriously mentally ill, receive TCM services based on a different section of the State Plan. The Department also incorporates by reference SPA 15-0022-UT Reimbursement for Chiropractic Services, which updates the effective date of rates for chiropractic services to 10/01/2015, to implement an 8 percent rate increase for chiropractic providers. This proposed rule also incorporates by reference the Medical Supplies Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form, effective 01/01/2016; incorporates by reference the Hospital Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2016; incorporates by reference the Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid, effective 01/01/2016; incorporates by reference the Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Hospice Care Utah Medicaid Provider Manual, and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services, effective 01/01/2016; incorporates by reference the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments, effective 01/01/2016; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Personal Care Utah Medicaid Provider Manual, and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs effective 01/01/2016; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual, effective 01/01/2016; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Utah Home and Community- Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Office of Inspector General (OIG) Administrative Hearings Procedures Manual, effective 01/01/2016; incorporates by reference the Pharmacy Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2016; incorporates by reference the Coverage and Reimbursement Code Look-up Tool, effective 01/01/2016; incorporates by reference the CHEC Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2016; incorporates by reference the Chiropractic Medicine Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Dental, Oral Maxillofacial, and Orthodontia Services Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the General Attachments (All Providers) for the Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Indian Health Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2016; incorporates by reference the Medical Transportation Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Non-Traditional Medicaid Plan Utah Medicaid Provider Manual with its attachments, effective 01/01/2016; incorporates by reference the Licensed Nurse Practitioner Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Physical Therapy and Occupational Therapy Services Utah Medicaid Provider Manual, and the manual's attachment for Physical Therapy and Occupational Therapy Decision Tables, effective 01/01/2016; incorporates by reference the Physician Services, Anesthesiology and Laboratory Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2016; incorporates by reference the Podiatric Services Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Primary Care Network Utah Medicaid Provider Manual with its attachments, effective 01/01/2016; incorporates by reference the Rehabilitative Mental Health and Substance Use Disorder Services Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Rural Health Clinics and Federally Qualified Health Centers Services Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the School-Based Skills Development Services Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference Section I: General Information Utah Medicaid Provider Manual, effective 01/01/2016; incorporates by reference the Targeted Case Management for Individuals with Serious Mental Illness Utah Medicaid Provider Manual, effective 01/01/2016; Targeted Case Management for Early Childhood (Ages 0-4) Utah Medicaid Provider Manual, effective 01/01/2016; Vision Care Services Utah Medicaid Provider Manual, effective 01/01/2016; Women's Services Utah Medicaid Provider Manual, effective 01/01/2016; Medically Complex Children’s Waiver Utah Medicaid Provider Manual, effective 01/01/2016; and Autism Spectrum Disorder Related Services for EPSDT Eligible Individuals Utah Medicaid Provider Manual, effective 01/01/2016. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the look-up tool, and hearings procedures described in the OIG manual do not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the look-up tool, and hearings procedures described in the OIG manual do not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the look-up tool, and hearings procedures described in the OIG manual do not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the look-up tool, and hearings procedures described in the OIG manual do not create costs or savings to Medicaid recipients and to Medicaid providers. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the look-up tool, and hearings procedures described in the OIG manual do not create costs or savings to a single Medicaid recipient or to a Medicaid provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because all changes are already in the State Plan. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - - THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40043.htm No. 40040 (Amendment): R414-303-8. Foster Care, Former Foster Care Youth and Independent Foster Care Adolescents. SUMMARY OF THE RULE OR CHANGE: This amendment expands coverage to foster care youth who reside in Utah and were in foster care in any state at the time they turned 18 years old. Coverage continues for these individuals through the month in which they turn 26 years of age. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department estimates an annual cost of about $124,800 to the state budget, regardless of which state is responsible for foster care payment. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor make eligibility determinations for Medicaid programs. - SMALL BUSINESSES: Small businesses may see a portion of $124,800 in annual revenue with the additional youth who will qualify for the Former Foster Care Medicaid program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see a portion of $124,800 in annual revenue with the additional youth who will qualify for the Former Foster Care Medicaid program. Individuals who qualify for this program may also see a portion of this amount in total out-of-pocket savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single Medicaid provider may see a portion of $2,400 in annual revenue with the additional youth who will qualify for the Former Foster Care Medicaid program. An individual who qualifies for this program may also see a portion of this amount in out-of- pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is impact on business because Medicaid providers may see an increase in revenue for providing treatment to these eligible individuals. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40040.htm HOUSING CORPORATION (UTAH) ADMINISTRATION No. 40012 (Amendment): R460-2. Definition of Terms Used Throughout R460. SUMMARY OF THE RULE OR CHANGE: A section of the rule that provides a listing of some defined terms in Section 63H-8-103 is being eliminated to reduce any confusion regarding defined terms in the UHC Act or in its rules. Additionally, updated Utah Code references are being added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change is purely administrative in that redundant verbiage is being removed and Utah Code references are being updated. Therefore, there will be no fiscal effect on the state budget. - LOCAL GOVERNMENTS: The change is purely administrative in that redundant verbiage is being removed and Utah Code references are being updated. Therefore, there will be no fiscal effect on local government. - SMALL BUSINESSES: The change is purely administrative in that redundant verbiage is being removed and Utah Code references are being updated. Therefore, there will be no fiscal effect on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The change is purely administrative in that redundant verbiage is being removed and Utah Code references are being updated. Therefore, there will be no fiscal effect on any other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the changes simply remove redundant language and update Utah Code references, there is no compliance cost for any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The UHC Act clearly provides defined terms in Section 63H-8-103. In an effort to follow the Governor's recommendation to provide clear, concise rules, UHC identified a duplicative section in this rule that is already provided in greater clarity in the Act. There is anticipated to be no fiscal impact on any business as a result of this change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by Internet E-mail at jhanks@uthc.org THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40012.htm No. 40018 (Amendment): R460-3. Programs of UHC. SUMMARY OF THE RULE OR CHANGE: Subsection R460-3-1(4) is amended to clarify the basis for establishing UHC income limits and where and to whom that information will be disseminated. Subsection R460-3-1(5) is amended to clarify the basis for establishing UHC acquisition cost limits and where and to whom that information will be disseminated. Subsection R460-3-2(3) is amended for consistency to make the maximum income limit the same as stated in Subsection R460-3-1(4) and to clarify income limits are established using information published by the Department of Housing and Urban Development (HUD). Subsection R460-3-4(4)(d) is amended to clarify the period of time and the calculation of the period of time an individual or entity may be barred from the low-income housing tax credit program for being considered "not in good standing". Subsection R460-3-5(1)(b) is amended for consistency to make the maximum income limit the same as stated in Subsection R460-3-1(4) and to clarify that income limits are calculated using information published by HUD and that applicable information will be incorporated into program documents and disseminated to interested persons. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings because Subsection 63H-8-102(3)(b) states that UHC is a "financially independent body" and therefore, receives no state appropriation. Furthermore, the changes made to this rule are clarifying in nature and do not entail any additional requirements. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to any local government because the changes made to this rule are clarifying in nature and do not entail any additional requirements. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the changes made to this rule are clarifying in nature and do not entail any additional requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small business, business, or local government because the changes made to this rule are clarifying in nature and do not entail any additional requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated additional compliance cost (in excess of existing compliance costs) for affected persons. The reason there is no additional compliance cost is that changes to the rule are clarifying in nature and do not entail any additional compliance-related requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: All changes to this rule are administrative in nature with the intention to provide greater clarity on the basis for the establishment of UHC's income and acquisition cost limits. The changes have been thoroughly reviewed for any fiscal impact on any UHC business partner, and there is no demonstrable fiscal impact on any partner. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by Internet E-mail at jhanks@uthc.org THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40018.htm INSURANCE ADMINISTRATION No. 39998 (Amendment): R590-164-6. Electronic Data Interchange Transactions. SUMMARY OF THE RULE OR CHANGE: This amendment adds four new electronic standards, removes an outdated standard, and updates the remaining standards to the current versions, as reviewed and adopted by the Standards Committee of the Utah Health Information Network. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The updates merely bring the rule's requirements up to parity with existing industry standards. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. The updates merely bring the rule's requirements up to parity with existing industry standards. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The updates are already an industry standard, so the requirements are already in force with affected companies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to any other persons. The updates merely bring the rule's requirements up to parity with existing industry standards. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings to small businesses. The updates are already an industry standard, so the requirements are already in force with affected companies. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs or savings to any businesses. The updates are already an industry standard, so the requirements are already in force with affected companies. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/39998.htm No. 40005 (Repeal): R590-212. Requirements for Interest Bearing Accounts Used by Title Insurance Agencies for Trust Fund Deposits. SUMMARY OF THE RULE OR CHANGE: The rule is being repealed so it can be enacted under Title R592. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget. The rule is being simultaneously enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The rule is being simultaneously enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The rule is being simultaneously enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The rule is being simultaneously enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because there are no changes being implemented. The rule is being simultaneously enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Title and Escrow Commission has approved the Department's repeal of Rule R590-212 and its simultaneous enactment as Rule R592-17. There will be no fiscal impact on businesses because there are no changes and no new requirements. The language in Rule R592-17 is identical to Rule R590- 212, except where changes to self-referential passages are necessary. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40005.htm TITLE AND ESCROW COMMISSION No. 40006 (New Rule): R592-17. Requirements for Interest Bearing Accounts Used by Title Insurance Agencies for Trust Fund Deposits. SUMMARY OF THE RULE OR CHANGE: The department determined that this rule (formerly under Title R590) fits more appropriately under Title R592. As such, Rule R590-212 is being repealed and enacted as Rule R592-17. The Title and Escrow Commission has approved the change. (DAR NOTE: The proposed repeal of Rule R590-212 is under DAR No. 40005 in this issue, January 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget. The rule is currently active under Title R590 where it is being simultaneously repealed and then enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The rule is currently active under Title R590 where it is being simultaneously repealed and then enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The rule is currently active under Title R590 where it is being simultaneously repealed and then enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons. The rule is currently active under Title R590 where it is being simultaneously repealed and then enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because there are no changes being implemented. The rule is being simultaneously repealed under Title R590 and then enacted under Title R592 with identical language (aside from necessary changes to self-referential passages). There will be no lapse in the rules, and business will continue as usual. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Title and Escrow Commission has approved the Department's repeal of Rule R590-212 and its simultaneous enactment as Rule R592-17. There will be no fiscal impact on businesses because there are no changes and no new requirements. The language in Rule R592-17 is identical to Rule R590- 212, except where changes to self-referential passages are necessary. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40006.htm NAVAJO TRUST FUND TRUSTEES No. 40019 (New Rule): R661-1. Utah Navajo Trust Fund Scope. SUMMARY OF THE RULE OR CHANGE: The scope of the rule being adopted as required by Subsection 51-10-205(4)(a). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No anticipated cost or savings to state budget as result of this rule because this rule sets out the scope of the rules for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - LOCAL GOVERNMENTS: No anticipated cost or savings to local government because this rule sets out the scope of the rules for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - SMALL BUSINESSES: No anticipated cost or savings to small businesses because this rule sets out the scope of the rules for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No anticipated cost or savings to any other individuals or entities because this rule sets out the scope of the rules for the beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs for affected persons because this rule sets out the scope of the rules for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact on businesses because this rule sets out the scope of the rules for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40019.htm No. 40020 (New Rule): R661-2. Utah Navajo Trust Fund Definitions. SUMMARY OF THE RULE OR CHANGE: Definitions for rules being adopted as required by Subsection 51-10-205(4)(a). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget as a result of this rule because this rule just provides definitions related to procedures for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. No anticipated cost or savings to state budget. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government as a result of this rule because this rule just provides definitions related to procedures for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. No anticipated cost or savings to state budget. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as a result of this rule because this rule just provides definitions related to procedures for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. No anticipated cost or savings to state budget. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other individuals or entities as a result of this rule because this rule just provides definitions related to procedures for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. No anticipated cost or savings to state budget. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs to affected persons as a result of this rule because this rule just provides definitions related to procedures for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact on businesses will result from this rule because this rule just provides definitions related to procedures for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40020.htm No. 40021 (New Rule): R661-3. Utah Navajo Trust Fund Residency Policy. SUMMARY OF THE RULE OR CHANGE: These rules provide a residency policy for applicant eligibility for Utah Navajo Trust Fund program funding. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No aggregate anticipated cost or savings to state budget because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - LOCAL GOVERNMENTS: No aggregate anticipated cost or savings to local government because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - SMALL BUSINESSES: No aggregate anticipated cots or savings to small businesses because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No anticipated costs or savings to any other individuals or entities because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. COMPLIANCE COSTS FOR AFFECTED PERSONS: Minimal cost to beneficiaries of the Trust Fund to obtain documentation necessary to prove residency. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact on businesses because this rule sets out the residency requirements for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40021.htm No. 40022 (New Rule): R661-4. Utah Navajo Trust Fund Chapter Projects. SUMMARY OF THE RULE OR CHANGE: This rule sets forth the intent, general policies, application process, fund disbursement procedures and program effectiveness metrics for chapter projects funded by the Utah Navajo Trust Fund. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No aggregate anticipated cost or savings to state budget because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - LOCAL GOVERNMENTS: No aggregate anticipated cost or savings to local government because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - SMALL BUSINESSES: No aggregate anticipated cost or savings to small businesses because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No anticipated costs or savings to any other individuals or entities because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are minimal compliance costs for chapters applying for Utah Navajo Trust Fund money. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This program may have a positive fiscal impact on San Juan County businesses that obtain contracts from chapters to perform the work being funded by the Utah Navajo Trust Fund. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40022.htm No. 40023 (New Rule): R661-5. Utah Navajo Trust Fund Blue Mountain Dine' Community. SUMMARY OF THE RULE OR CHANGE: This rule provides that the Blue Mountain Dine' Community is similarly situated to the other Navajo Nation Chapters located in Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No anticipated cost or savings to state budget because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - LOCAL GOVERNMENTS: No anticipated cost or savings to local government because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - SMALL BUSINESSES: No anticipated cost or savings to small businesses because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No anticipated costs or savings to other individuals or entities because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are minimal compliance costs to prepare detailed projects proposals for Utah Navajo Trust Fund funding. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: San Juan County businesses may receive positive fiscal impacts from contracts entered into to provide services funded by Utah Navajo Trust Fund money. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40023.htm No. 40024 (New Rule): R661-6. Utah Navajo Trust Fund Higher Education Financial Assistance and Scholarship Program. SUMMARY OF THE RULE OR CHANGE: This rule sets forth the objective, definitions, eligibility, funding procedures, application requirements, recipient obligations, program effectiveness metrics and grievance and appeal procedures for the higher education scholarships funded by the Utah Navajo Trust Fund. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No aggregate anticipated cost or savings to state budget because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - LOCAL GOVERNMENTS: No aggregated anticipated cost or savings to local government because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - SMALL BUSINESSES: No aggregated anticipated cost or savings to small businesses because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the trust fund. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are anticipated savings to San Juan County, Utah Navajo students seeking to attend college or university with financial assistance or scholarships. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is a possible minimal cost to applicants to obtain documentation necessary to establish eligibility. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is a possible positive fiscal impact on businesses by increasing qualified employees. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40024.htm No. 40025 (New Rule): R661-7. Utah Navajo Trust Fund Housing Projects Policy. SUMMARY OF THE RULE OR CHANGE: This rule sets forth how to request housing assistance, types of housing assistance available, eligible purchases using Utah Navajo Trust Fund money, documentation required, purchasing and funding procedures for Housing Projects funded by the Utah Navajo Trust Fund. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No aggregate anticipated cost or savings to state budget because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund. - LOCAL GOVERNMENTS: No aggregate anticipated cost or savings to local government because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund. - SMALL BUSINESSES: No aggregate anticipated cost or savings to small businesses because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No aggregate anticipated cost or savings to any other individuals or entities because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund. COMPLIANCE COSTS FOR AFFECTED PERSONS: Possible minimal cost for applicants to obtain documentation to prove eligibility or to purchase items prior to receipt of reimbursement from Utah Navajo Trust Fund. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This program may have a positive fiscal impact on businesses that obtain contracts from Chapters or individuals to perform the work being funded by the Utah Navajo Trust Fund. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40025.htm No. 40026 (New Rule): R661-8. Utah Navajo Trust Fund Power Lines and House Wiring Program. SUMMARY OF THE RULE OR CHANGE: This rule sets forth the objective, application process, documentation required, retainage policy, and program effectiveness metrics for funding of power lines and individual house wiring by the Utah Navajo Trust Fund. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No aggregate anticipated cost or savings to state budget because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund. - LOCAL GOVERNMENTS: No aggregate anticipated cost or savings to local government because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund. - SMALL BUSINESSES: No aggregate anticipated cost or savings to small businesses because this rule sets out the procedure for beneficiaries of the Utah Navajo Trust Fund, Navajos residing in San Juan County, to apply for funding from the Trust Fund. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: May provide cost savings to Utah Navajos in need of power and/or electrical wiring. COMPLIANCE COSTS FOR AFFECTED PERSONS: Potential costs to applicants/beneficiaries to obtain compliance inspections. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This program may have a positive fiscal impact on businesses which obtain contracts from Chapters or individuals to perform the work being funded by the Utah Navajo Trust Fund. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Katharine Kinsman by phone at 801-366-0140, or by Internet E-mail at kkinsman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40026.htm PUBLIC SAFETY ADMINISTRATION No. 40001 (New Rule): R698-8. Local Public Safety and Firefighter Surviving Spouse Trust Fund. SUMMARY OF THE RULE OR CHANGE: The rule outlines the process for a law enforcement or fire employer to participate in a cost sharing agreement for reimbursement of health care coverage costs for a spouse and children under the age of 26 in the event of a line-of-duty death. If an employer participates, the costs are reimbursed from the Local Public Safety and Firefighter Surviving Spouse Trust Fund. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be administrative costs incurred by the Department of Public Safety for creating and maintaining the trust fund; however, Subsection 53-17-401(5) allows for administrative costs to be reimbursed by the trust fund. - LOCAL GOVERNMENTS: The rule will impact local law enforcement and firefighting agencies that choose to voluntarily participate in the cost sharing agreement as authorized by Section 53-17-301. Agencies that participate will pay an annual premium to the Department of Public Safety for deposit into the Local Public Safety and Firefighter Surviving Spouse Trust Fund. In the event of a line-of-duty death to an employee of the agency, the agency is required to provide health care coverage to the surviving spouse and children under the age of 26. After a 24-month period, an agency that chooses to participate in the cost sharing agreement may be reimbursed for future health care coverages costs from the trust fund. - SMALL BUSINESSES: There will not be a fiscal impact to small businesses because the rule only applies to local law enforcement and firefighting agencies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be a fiscal impact to persons because the rule only applies to local law enforcement and firefighting agencies. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be a compliance cost to persons because the rule only applies to local law enforcement and firefighting agencies. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on on businesses. The rule establishes procedures for law enforcement or firefighting agencies to voluntarily participate in a cost sharing agreement for reimbursement of health care coverage costs in the event of a line-of-duty death. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/17/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/24/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40001.htm TECHNOLOGY SERVICES ADMINISTRATION No. 40030 (Amendment): R895-5. Acquisition of Information Technology. SUMMARY OF THE RULE OR CHANGE: The changes remove the word "training", and remove "delegate authority to make small technology purchases", and replace with "not require a business case for small purchases". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because this change does not require additional effort from agencies involved. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government because this change does not impact local government. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because this change does not impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons because this change does not impact others. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons because this change does not require additional effort from agencies. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The change to the rule will have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephanie Weteling by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40030.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 40045 (Amendment): R994-205-106. Exempt Real Estate Sales. SUMMARY OF THE RULE OR CHANGE: The department rule currently provides that services performed as a property manager are not exempt under the real estate exemption. Since property managers must be real estate agents, except in certain limited areas, some property managers should be exempt under the department rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally funded program so there are no costs of savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program, and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program, and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program, and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employers contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40045.htm 3. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends February 16, 2016. From the end of the 30-day waiting period through May 14, 2016, an agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. INSURANCE ADMINISTRATION No. 39755 (Change in Proposed Rule): R590-272. Commission Compensation Reporting. SUMMARY OF THE RULE OR CHANGE: The changes clarify that the report applies to insurance offered to a large customer described in Subsections 31A-23a- 501(4)(f)(A), (B), (C) or (D). (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2015, issue of the Utah State Bulletin, on page 72. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget because the change merely limits the rule's scope for consistency with current state law. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government because the change merely limits the rule's scope for consistency with current state law. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the change merely limits the rule's scope for consistency with current state law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to any other persons because the change merely limits the rule's scope for consistency with current state law. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because the change merely limits the rule's scope for consistency with current state law. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no additional fiscal impact because the change merely limits the rule's scope for consistency with current state law. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 02/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/39755.htm 4. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Division of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. ADMINISTRATIVE SERVICES FINANCE No. 40046 (Emergency Rule): R25-7-10. Reimbursement for Transportation. SUMMARY OF THE RULE OR CHANGE: The rule decreases the reimbursement rate for mileage on private vehicles. (DAR NOTE: A corresponding proposed amendment is under DAR No. 40042 in this issue, January 15, 2016, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The IRS announced a decrease in the reimbursement rate for private vehicle use from 56 cents per mile to 54 cents per mile effective 01/01/2016. If the state continued to pay 56 cents per mile, the extra 2 cents per mile would be taxable to each recipient. The state does not have a cost-effective way to track and record this taxable income. Therefore, reducing the state rate to match the federal rate would prevent the state from violating federal tax law. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be a decrease in cost to the state as mileage reimbursements are decreasing. However, the agency cannot determine exactly what the decrease will be because it is impossible to anticipate how much travel state employees will do. - LOCAL GOVERNMENTS: There will not be costs to local governments because the rule only governs reimbursements by the state to individuals traveling on state business. - SMALL BUSINESSES: Because the change deals only with reimbursement rates for mileage for state employees, small businesses are not affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see a slight decrease in their mileage reimbursement amounts for travel in private vehicles. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes mileage reimbursement rates and does not require any new action on the part of persons applying for reimbursements, there are not compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are warranted. Individuals may see a slight decrease in reimbursement amounts. However we cannot determine exactly what the decrease will be as that depends on the amount of travel by individuals eligible for mileage reimbursement. This rule will have no impact on business. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 01/01/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40046.htm 5. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at http://www.rules.utah.gov/publicat/code.htm. The rule text may also be inspected at the agency or the Division of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD PLANT INDUSTRY No. 39999 (5-year Review): R68-8. Utah Seed Law. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be needed in order to prevent the spread of noxious weeds in the state. Further, it is necessary to regulate the movement of seed in the state. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 12/17/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/39999.htm HUMAN SERVICES AGING AND ADULT SERVICES No. 40002 (5-year Review): R510-401. Utah Caregiver Support Program (UCSP). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Caregiver Support Program is required as part of the Older Americans Act. Utah is required to maintain a level of funding and commitment to the program under the federal act. This rule is needed to continue with the program and provide the structure needed to coordinate state and local agencies. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 12/23/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40002.htm TECHNOLOGY SERVICES ADMINISTRATION No. 40029 (5-year Review): R895-5. Acquisition of Information Technology. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to identify the standards under which an agency of the executive branch must obtain approval from the CIO before acquiring information technology and technology-related services. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephanie Weteling by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov EFFECTIVE: 12/29/2015 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160115/40029.htm 6. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Division of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES FINANCE No. 39903 (AMD): R25-7-6.Reimbursement for Meals Published: 11/15/2015 Effective: 12/22/2015 PURCHASING AND GENERAL SERVICES No. 39906 (AMD): R33-26.State Surplus Property Published: 11/15/2015 Effective: 12/23/2015 ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 39907 (AMD): R81-2-10.State Store Hours Published: 11/15/2015 Effective: 12/24/2015 COMMERCE ADMINISTRATION No. 39894 (AMD): R151-4.Department of Commerce Administrative Procedures Act Rule Published: 11/15/2015 Effective: 12/28/2015 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 39854 (AMD): R156-5a-302c.Qualifications for Licensure - Training Requirements Published: 11/15/2015 Effective: 12/22/2015 No. 39859 (AMD): R156-40.Recreational Therapy Practice Act Rule Published: 11/15/2015 Effective: 12/22/2015 No. 39858 (AMD): R156-69-302d.Licensing of Dentist-Educators Published: 11/15/2015 Effective: 12/22/2015 REAL ESTATE No. 39776 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 10/15/2015 Effective: 12/16/2015 GOVERNOR ECONOMIC DEVELOPMENT No. 39887 (AMD): R357-3.Refundable Economic Development Tax Credit Published: 11/15/2015 Effective: 12/28/2015 HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 39797 (NEW): R384-415.Electronic-Cigarette Substance Standards Published: 10/15/2015 Effective: 12/29/2015 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 39886 (AMD): R477-7.Leave Published: 11/15/2015 Effective: 01/01/2016 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 39860 (NEW): R523-1.General Provisions Published: 11/15/2015 Effective: 12/22/2015 No. 39862 (NEW): R523-2.Local Mental Health Authorities and Local Substance Abuse Authorities Published: 11/15/2015 Effective: 12/22/2015 No. 39865 (REP): R523-2.Adult Peer Support Specialist Training and Certification Published: 11/15/2015 Effective: 12/22/2015 No. 39863 (NEW): R523-3.Screening, Assessment, Education and Treatment Standards for Court-referred Youth Under the Age of 21 Published: 11/15/2015 Effective: 12/22/2015 No. 39867 (REP): R523-3.Child/Family Peer Support Specialist Training and Certification Published: 11/15/2015 Effective: 12/22/2015 No. 39861 (REP): R523-4.Local Mental Health Authorities and Local Substance Abuse Authorities Published: 11/15/2015 Effective: 12/22/2015 No. 39864 (NEW): R523-4.Screening, Assessment, Prevention, Treatment and Recovery Support Standards for Adults Required to Participate in Services by the Criminal Justice System Published: 11/15/2015 Effective: 12/22/2015 No. 39869 (REP): R523-5.Certification of Designated Examiners and Case Managers Published: 11/15/2015 Effective: 12/22/2015 No. 39866 (NEW): R523-5.Adult Peer Support Specialist Training and Certification Published: 11/15/2015 Effective: 12/22/2015 No. 39871 (REP): R523-6.Medication, Psychosurgery and Electroshock Procedures for Children, Consumer Rights, Due Process, Family Involvement Published: 11/15/2015 Effective: 12/22/2015 No. 39868 (NEW): R523-6.Child/Family Peer Support Specialist Training and Certification Published: 11/15/2015 Effective: 12/22/2015 No. 39870 (NEW): R523-7.Certification of Designated Examiners and Case Managers Published: 11/15/2015 Effective: 12/22/2015 No. 39874 (REP): R523-8.Evidence-Based Prevention Registry Published: 11/15/2015 Effective: 12/22/2015 No. 39872 (NEW): R523-8.Medication, Psychosurgery and Electroshock Procedures for Children, Consumer Rights, Due Process, Family Involvement Published: 11/15/2015 Effective: 12/22/2015 No. 39875 (NEW): R523-9.Evidence-Based Prevention Registry Published: 11/15/2015 Effective: 12/22/2015 No. 39877 (NEW): R523-10.Standards for Methadone Addiction Treatment Providers Published: 11/15/2015 Effective: 12/22/2015 No. 39880 (NEW): R523-11.Utah Standards for Approval of Alcohol and Drug Educational Providers and Instructors for Court-Referred DUI Offenders Published: 11/15/2015 Effective: 12/22/2015 No. 39882 (NEW): R523-12.On-Premise Alcohol Training and Education Seminar Rules of Administration Published: 11/15/2015 Effective: 12/22/2015 No. 39884 (NEW): R523-13.Off Premise Retailer (Clerk, Licensee and Manager) Alcohol Training and Education Seminar Rules of Administration Published: 11/15/2015 Effective: 12/22/2015 No. 39885 (NEW): R523-14.Suicide Prevention Published: 11/15/2015 Effective: 12/22/2015 No. 39873 (REP): R523-20.Division Rules of Administration Published: 11/15/2015 Effective: 12/22/2015 No. 39876 (REP): R523-21.Division of Substance Abuse and Mental Health Rules Published: 11/15/2015 Effective: 12/22/2015 No. 39878 (REP): R523-22.Utah Standards for Approval of Alcohol and Drug Educational Providers and Instructors for Court-Referred DUI Offenders Published: 11/15/2015 Effective: 12/22/2015 No. 39881 (REP): R523-23.On-Premise Alcohol Training and Education Seminar Rules of Administration Published: 11/15/2015 Effective: 12/22/2015 No. 39883 (REP): R523-24.Off Premise Retailer (Clerk, Licensee and Manager) Alcohol Training and Education Seminar Rules of Administration Published: 11/15/2015 Effective: 12/22/2015 INSURANCE ADMINISTRATION No. 39904 (AMD): R590-267.Personal Injury Protection Relative Value Study Rule Published: 11/15/2015 Effective: 01/01/2016 LABOR COMMISSION OCCUPATIONAL SAFETY AND HEALTH No. 39855 (AMD): R614-1.General Provisions Published: 11/15/2015 Effective: 12/28/2015 PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 39889 (AMD): R722-310.Regulation of Bail Bond Recovery and Enforcement Agents Published: 11/15/2015 Effective: 12/22/2015 No. 39890 (AMD): R722-360.Certificate of Removal from the Sex Offender and Kidnap Registry Published: 11/15/2015 Effective: 12/22/2015 No. 39891 (NEW): R722-390.Certificate of Eligibility for Removal from the Utah White Collar Crime Offender Registry Published: 11/15/2015 Effective: 12/22/2015 No. 39892 (AMD): R722-900.Access to Bureau Records Published: 11/15/2015 Effective: 12/22/2015 No. 39893 (NEW): R722-910.Non-Reportable Traffic Offenses Published: 11/15/2015 Effective: 12/22/2015 7. RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <>