---------------------------- Utah State Digest, Vol. 2016, No. 7 (April 1, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed March 2, 2016, 12:00 AM through March 15, 2016, 11:59 PM Volume 2016, No. 7 April 1, 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 for Public Meeting on Rulemaking for Rule R414-10A - 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/2016/20160401/sn157327.htm Outpatient Hospital Supplemental Payments - 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/2016/20160401/sn157328.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 March 2, 2016, 12:00 a.m., and March 15, 2016, 11:59 p.m. are summarized in this, the April 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 1, 2016, issue of the Utah State Bulletin until at least May 2, 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 July 30, 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. HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 40254 (Amendment): R392-100. Food Service Sanitation. SUMMARY OF THE RULE OR CHANGE: Citations to authorizing statutes now include Sections 26-1-5 and 26-1-30. These amendments update the incorporated references to the 2013 version of the FDA Model Food Code, add amendments to the incorporated reference, and introduce many formatting and grammar fixes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings at the state level. Any costs or savings will come out of existing budgets. - LOCAL GOVERNMENTS: Costs or savings for local health departments are not anticipated. Any costs or savings will come out of existing budgets. There are no anticipated costs or savings for existing facilities currently in compliance with this rule. - SMALL BUSINESSES: There are no anticipated additional costs for existing facilities either in or out of compliance with the amendments due to no new or additional equipment or construction required. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated additional costs for existing facilities either in or out of compliance with the amendments due to no new or additional equipment or construction required. COMPLIANCE COSTS FOR AFFECTED PERSONS: Costs or savings singular to any one person are not anticipated as the amendments will not apply to any one person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposal incorporates by reference the "2013 FDA Model Food Code" with a several changes, but only a few are substantives: 1) no wild mushrooms picked from the wild are allowed; 2) date and time marking must be consistent; and 3) those places using reduced oxygen packaging (ROP), like cook/chill, can refrigerate product at normal refrigeration temperatures for 7 days, whereas this used to require a much lower refrigeration temperature and if held for less than 48 hours the establishment is exempt from needing an HACCP plan. There is no fiscal impact on business because compliance with the amendments are a minimal expense due to no new or additional equipment or construction required. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40254.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40244 (Amendment): R414-307-3. General Requirements for Home and Community-Based Services Waivers. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies the eligibility start date for the HCBS Waiver. It also updates a citation and makes other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment only clarifies the eligibility start date for the HCBS Waiver and makes other technical changes. It does not affect ongoing waiver services. - LOCAL GOVERNMENTS: There is no impact to local governments because they do not fund or provide waiver services to Medicaid recipients. - SMALL BUSINESSES: There is no impact to small businesses because this amendment only clarifies the eligibility start date for the HCBS Waiver and makes other technical changes. It does not affect ongoing waiver services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this amendment only clarifies the eligibility start date for the HCBS Waiver and makes other technical changes. It does not affect ongoing waiver services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid recipient because this amendment only clarifies the eligibility start date for the HCBS Waiver and makes other technical changes. It does not affect ongoing waiver services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because it does not affect ongoing waiver services. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2016 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: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40244.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 40243 (Amendment): R432-550. Birthing Centers. SUMMARY OF THE RULE OR CHANGE: The rule amendment removes the requirement for a transfer agreement or admitting privileges with a hospital. It allows for all providers licensed through the Division of Occupational and Professional Licensing to provide maternity, midwifery, or obstetric care in a birthing center. It also corrects many outdated references and corrects numbering errors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will be impacted due to the licensing of birthing centers that was not previously possible. For each 2-room birthing center applying for licensure, there will be an initial licensing fee of $1,527.50 for the first year and a renewal fee of $1,560 every 2 years thereafter. The Department anticipates two centers licensing in FY2016 which will result in fees of $3,055 to state revenues. The Department also anticipated two birthing centers applying for licensure per year for the next three years. - LOCAL GOVERNMENTS: There is no impact to local governments because they are not involved with this process. - SMALL BUSINESSES: There is a cost to small businesses. The birthing centers will be considered small businesses, so the licensing fees will apply as stated above. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because the changes in this rule will not affect them. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is a change for birthing centers that wish to be licensed. For a 2-room birthing center, there is an initial licensing fee of $1,527.50 for the first year, and a fee of $1,560 for license renewal every 2 years after. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be a fiscal impact on business in that birthing centers will be subject to licensing fees of approximately $1,500; however, the change in the rule will enable the licensing of birthing centers, which were unable to obtain a license under the existing rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40243.htm FAMILY HEALTH AND PREPAREDNESS, PRIMARY CARE AND RURAL HEALTH No. 40245 (Amendment): R434-40-11. Loan Repayment Grant Eligibility and Selection. SUMMARY OF THE RULE OR CHANGE: Subsections R434-40-11(3) and (4) are re- numbered to Subsections R434-40-11(2) and (3). Subsection R434-40-11(3) changes the eligibility guidelines to allow for grant applications from applicants within 18 months of beginning employment at an approved eligible site, instead of within one year of beginning employment at an approved eligible site. Section 26-4-102 is changed to Section 26-46-102 at the end of the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated aggregate costs or savings to the state budget because the rule does not change any processes for the state. - LOCAL GOVERNMENTS: There are no anticipated aggregate costs or savings to local government because the rule does not impact local government. - SMALL BUSINESSES: There are no anticipated aggregate costs or savings to small businesses because the rule does not change any requirements for the employers of the applicants. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated aggregate costs or savings to businesses, individuals, local governments, and persons that are not small businesses because the rule does not change any requirements for the employers of the applicants. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons because the rule does not change any requirements for the applicants. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the rule does not change any requirements for the employers of the applicants. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/16/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Don Wood by phone at 801-273-6654, by FAX at 801-273-4165, or by Internet E-mail at donwood@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40245.htm HUMAN SERVICES ADMINISTRATION No. 40264 (New Rule): R495-885. Employee Background Screenings. SUMMARY OF THE RULE OR CHANGE: This rule creates a background screening process for DHS employees and volunteers in order to enhance the safety of DHS clientele and promote the public trust. This holds DHS employees to equal or higher standards than those who work with DHS clientele via DHS licenses or contracts. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The cost to DHS will be approximately $170,000 in the first year with approximately $60,000 a year of ongoing costs. These amounts cover the $52.75 charge by public safety paid to run and retain fingerprints, including a FBI lifetime rap back subscription. The fees are set by the FBI and Public Safety. - LOCAL GOVERNMENTS: There is no impact for local government--Only DHS budget is affected. - SMALL BUSINESSES: There is no impact for small business--Only DHS budget is affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no other impacted entities, fiscally--Only DHS budget is affected. COMPLIANCE COSTS FOR AFFECTED PERSONS: No individual will bear the cost. Compliance costs will be borne by DHS. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This process will no have no fiscal impact on businesses in our community. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Diane Moore by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40264.htm CHILD AND FAMILY SERVICES No. 40255 (Repeal and Reenact): R512-40. Adoptive Home Studies, Recruitment, Approval. SUMMARY OF THE RULE OR CHANGE: In this repeal and reenactment, the new rule includes definitions and the procedure for recruitment of adoptive families for children in the custody of Child and Family Services, which was not included in the old rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This 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 05/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40255.htm No. 40256 (Amendment): R512-41. Qualifying Adoptive Families and Adoption Placement. SUMMARY OF THE RULE OR CHANGE: The content of the amendment is to make technical changes to the rule to bring it in line with current practice by explaining the procedure for qualifying adoptive families for adoption placement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This 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 05/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40256.htm No. 40257 (Amendment): R512-43. Adoption Assistance. SUMMARY OF THE RULE OR CHANGE: The content of the amendment is to make technical changes to the rule to bring it in line with current practice by explaining the criteria that a child with special needs must meet in order to receive Title IV-E Adoption Assistance. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This 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 05/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40257.htm No. 40258 (Amendment): R512-44. Choose Life Adoption Support Restricted Account. SUMMARY OF THE RULE OR CHANGE: The content of the amendment is to make technical changes to the rule to bring it in line with current titles and language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This 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 05/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40258.htm NATURAL RESOURCES WATER RIGHTS No. 40242 (Repeal and Reenact): R655-3. Reports of Water Rights Conveyance. SUMMARY OF THE RULE OR CHANGE: These rules are issued pursuant to Section 73-1-10 and Subsection 73-2-1(4)(a), which provides that the state engineer shall adopt rules that specify when a water right owner is authorized to prepare a Report of Conveyance to the state engineer; the kinds of information required in such reports; and the procedures for processing such reports. A brief summary of what was in the old rule that is not in the new version of the rule is mainly a list of examples that have been omitted and are now to be included in a training manual rather than the rule. Items that are in the new rule that are not in the old rule are an expanded list of definitions from the old rule; establishment of when maps are required and standards for title maps; and a clarification of the use of an addendum to update title as now authorized by statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost is involved--Clarification of processing does not require a dollar figure. - LOCAL GOVERNMENTS: No cost is involved--Clarification of processing does not require a dollar figure. - SMALL BUSINESSES: No cost is involved--Clarification of processing does not require a dollar figure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost is involved--Clarification of processing does not require a dollar figure. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost is involved--Clarification of processing does not require a dollar figure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact--Clarification of process procedures does not require a dollar figure. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40242.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 May 2, 2016. From the end of the 30-day waiting period through July 30, 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. ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 39991 (Change in Proposed Rule): R313-22. Specific Licenses. SUMMARY OF THE RULE OR CHANGE: The proposed rule change incorporates the NRC requested change by deleting the phrase "to meet the criteria for license termination" from paragraph R313-22-35(5)(a)(i)(C). Removing this text will make the state rule compatible with the corresponding NRC regulation, as found in 10 CFR 70.25(e)(1)(C). (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the January 1, 2016, issue of the Utah State Bulletin, on page 33. 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 amendment 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: The minor correction requested by the U.S. Nuclear Regulatory Commission (NRC) in order to maintain regulatory compatibility with the NRC does not create any cost or savings impact to the state budget. The division will not incur any changes to radioactive materials licensing requirements or procedures due to the proposed change. - LOCAL GOVERNMENTS: The minor correction requested by the U.S. NRC in order to maintain regulatory compatibility with the NRC does not create any cost or savings impact to local government. - SMALL BUSINESSES: The minor correction requested by the U.S. NRC in order to maintain regulatory compatibility with the NRC does not create any cost or savings impact on small businesses. Even for businesses that may have a radioactive license, the nature of the proposed change does not have a fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The minor correction requested by the U.S. NRC in order to maintain regulatory compatibility with the NRC does not create any cost or savings impact to other entities not addressed by the preceding sections. Even for persons (businesses) that may have a radioactive license, the nature of the proposed change does not have a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: The minor correction requested by the U.S. NRC in order to maintain regulatory compatibility with the NRC does not create any compliance costs to radioactive materials licensees as a result of the proposed rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As a change that simply removes supplementary text that is not compatible with the corresponding NRC regulation, there is no fiscal, administrative, or operational impacts associated with the proposed rule change. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at rlundberg@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/39991.htm GOVERNOR ECONOMIC DEVELOPMENT No. 40028 (Change in Proposed Rule): R357-7. Utah Capital Investment Board. SUMMARY OF THE RULE OR CHANGE: Subsection R357-7-9(9) of the proposed rule permits the Board to review the economic development impact determined by an independent third party in accordance Subsection R357-7-9(5). As proposed, this review period would have run at the same time as the Board's review under Subsection R357-7-9(10) of economic development impact as reported to the Board in UCIC's annual report as required by Subsection 63N-6-301(6). Separating the timing of the Board's review of any independent third party's determination from its review of UCIC's annual report would allow review of such determination to be completed in advance of completion of the annual report. This separation of timing is consistent with the separation of the Board's review authority into Subsections R357-7-9(9) and (10). As proposed, Section R357-7-11 is the same as existing Section R357-7-11. Since the proposed rule affects changes to the other sections of Rule R357-7 to reflect the legislative changes to the VCEA under H.B. 411 (2015 General Session), the existing language of Section R357-7-11 is amended to operate consistently with the other sections of the rule. In general, the changes reflected in the comments to Section R357-7-11 do not have a substantive impact on this section's operation. The remainder of the changes are technical in nature to correct all cross-referencing in the rule to match with the incorporated changes. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed repeal and reenactment that was published in the January 15, 2016, issue of the Utah State Bulletin, on page 60. 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 amendment 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 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 cost 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 05/02/2016 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: 05/09/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40028.htm 4. 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. COMMERCE ADMINISTRATION No. 40265 (5-year Review): R151-4. Department of Commerce Administrative Procedures Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department and its agencies continue to conduct administrative adjudicative proceedings, which are governed by this rule, so the rule is still needed to help define the procedures for proceedings before the Department. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Gregory Soderberg by phone at 801-530-6706, or by Internet E-mail at gsoderberg@utah.gov EFFECTIVE: 03/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40265.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 40259 (5-year Review): R313-26. Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it establishes the requirements and conditions for issuing a site access permit to generators or brokers. Once a permit is issued, it allows them to ship waste to a commercial radioactive waste facility in Utah. The rule also provides regulation for compliance inspections of shipments. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov EFFECTIVE: 03/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40259.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40260 (5-year Review): R315-15. Standards for the Management of Used Oil. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 19-6-740 requires that rules be maintained that allow the state to maintain authorization from US EPA for a used oil program. The current rules meet this requirement. None of the comments received objected to the rule as a whole. The comments were on specific changes to the rule. All comments were reviewed and several suggested changes that made the rule clearer of better. Other comments were found to be inconsistent with the rule as a whole or were unnecessary and were rejected. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov EFFECTIVE: 03/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40260.htm No. 40261 (5-year Review): R315-17. End of Life Automotive Mercury Switch Removal Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is required by Section 19-6-1003 and sets the standards and reports that are required for a mercury switch removal program in Utah. The rule also makes possible reimbursement for mercury switches removed. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov EFFECTIVE: 03/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40261.htm No. 40262 (5-year Review): R315-101. Cleanup Action and Risk-Based Closure Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is needed to give direction to persons that want to remove contamination for the soil at a site and to give the standards that must be met to allow specific uses of the property. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov EFFECTIVE: 03/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40262.htm No. 40263 (5-year Review): R315-102. Penalty Policy. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to give the director guidance when negotiating a penalty with a person of facility or permittee. The rule guidance allows the director to be consistent in assessing penalties. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov EFFECTIVE: 03/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160401/40263.htm 5. 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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40000 (AMD): R156-47b.Massage Therapy Practice Act Rule Published: 01/15/2016 Effective: 03/08/2016 EDUCATION ADMINISTRATION No. 40098 (AMD): R277-494.Charter, Online, Home, and Private School Student Participation in Extracurricular or Co-curricular School Activities Published: 02/01/2016 Effective: 03/09/2016 No. 40100 (AMD): R277-510.Educator Licensing - Highly Qualified Assignment Published: 02/01/2016 Effective: 03/09/2016 REHABILITATION No. 40102 (AMD): R280-204.Utah State Office of Rehabilitation Employee Background Check Requirement Published: 02/01/2016 Effective: 03/09/2016 ENVIRONMENTAL QUALITY AIR QUALITY No. 39994 (AMD): R307-101-2.Definitions Published: 01/01/2016 Effective: 03/03/2016 No. 39995 (NEW): R307-104.Conflict of Interest Published: 01/01/2016 Effective: 03/03/2016 RADIATION CONTROL No. 39989 (AMD): R313-15.Standards for Protection Against Radiation Published: 01/01/2016 Effective: 03/15/2016 No. 39990 (AMD): R313-19-34.Terms and Conditions of Licenses Published: 01/01/2016 Effective: 03/15/2016 No. 39992 (AMD): R313-24.Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements Published: 01/01/2016 Effective: 03/15/2016 GOVERNOR ECONOMIC DEVELOPMENT No. 40027 (NEW): R357-13.Hotel Convention Center Incentive Published: 01/15/2016 Effective: 03/14/2016 HEALTH ADMINISTRATION No. 40049 (AMD): R380-40.Local Health Department Minimum Performance Standards Published: 01/15/2016 Effective: 03/02/2016 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40043 (AMD): R414-1-5.Incorporations by Reference Published: 01/15/2016 Effective: 03/08/2016 No. 39985 (AMD): R414-1A.Medicaid Policy for Experimental, Investigational or Unproven Medical Practices Published: 01/01/2016 Effective: 03/08/2016 No. 40040 (AMD): R414-303-8.Foster Care, Former Foster Care Youth and Independent Foster Care Adolescents Published: 01/15/2016 Effective: 03/08/2016 HOUSING CORPORATION (UTAH) ADMINISTRATION No. 40012 (AMD): R460-2.Definition of Terms Used Throughout R460 Published: 01/15/2016 Effective: 03/09/2016 No. 40018 (AMD): R460-3.Programs of UHC Published: 01/15/2016 Effective: 03/09/2016 HUMAN SERVICES RECOVERY SERVICES No. 40096 (AMD): R527-40.Retained Support Published: 02/01/2016 Effective: 03/09/2016 NATURAL RESOURCES WILDLIFE RESOURCES No. 40094 (AMD): R657-3.Collection, Importation, Transportation, and Possession of Animals Published: 02/01/2016 Effective: 03/09/2016 No. 40093 (AMD): R657-33.Taking Bear Published: 02/01/2016 Effective: 03/09/2016 6. 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 . <> ----------------------------