---------------------------- Utah State Digest, Vol. 2016, No. 8 (April 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed March 16, 2016, 12:00 AM through April 1, 2016, 11:59 PM Volume 2016, No. 8 April 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 for May 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/2016/20160415/sn157346.htm Public Meeting to Discuss the 1115 Waiver and H.B. 437 "Health Care Revisions" From the 2016 General Session - 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/2016/20160415/sn157352.htm Non-Routine Services, Quality Improvement (QI) Incentive, and Other Clarifications - 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/2016/20160415/sn157358.htm Annual Rebasing Update - 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/2016/20160415/sn157366.htm 2. EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Division of Administrative Rules for publication and distribution. Extending Administrative Rules through May 10, 2016, Utah Exec. Order No. 2016-2 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2016/ExecDoc157368.htm 3. 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 16, 2016, 12:00 a.m., and April 1, 2016, 11:59 p.m. are summarized in this, the April 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 15, 2016, issue of the Utah State Bulletin until at least May 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 August 13, 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 RISK MANAGEMENT No. 40282 (Amendment): R37-4. Adjusted Utah Governmental Immunity Act Limitations on Judgments. SUMMARY OF THE RULE OR CHANGE: This amendment adjusts the limitations on judgment amounts that may be obtained from governmental entities for personal injury and property damage claims arising after 07/01/2016. The anticipated cost impact information provided below is an estimate of how these revisions will impact all governmental entities in the State of Utah and all businesses and individuals who may have personal injury or property damage claims against any governmental entity in the State of Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment will affect governmental entity judgment limitations as follows: $14,100 increase for personal injuries for one person in any one occurrence; $48,200 increase for the personal injury aggregate of individual awards for a single occurrence; and $5,600 increase for property damages in any one occurrence. Consequently, state agencies, institutions of higher education, local education agencies, and the State Risk Fund will be exposed to those increased limits and may incur additional claim costs over the next two fiscal years. It is impossible to quantify what those increased costs may be because claims for personal injury and property damage can only be evaluated on an individualized basis and each claim is unique. Moreover, there is no way to predict accurately how many "immunity cap" claims the state will incur over the next two fiscal years. - LOCAL GOVERNMENTS: This amendment will affect local government judgment limitations as follows: $14,100 increase for personal injuries for one person in any one occurrence; $48,200 increase for the personal injury aggregate of individual awards for a single occurrence; and $5,600 increase for property damages in any one occurrence. Consequently, local governments will be exposed to those increased limits and may incur additional claim costs over the next two fiscal years. It is impossible to quantify what those increased costs may be because claims for personal injury and property damage can only be evaluated on an individualized basis, and each claim is unique. Moreover, there is no way to predict accurately how many "immunity cap" claims local governments will incur over the next two fiscal years. - SMALL BUSINESSES: Small businesses may be entitled to additional damages for personal injury and property damage claims caused by governmental entities; however, there is no way to predict those increases accurately, because damages for such claims can only be evaluated on an individualized basis. Furthermore, there is no way to predict accurately how many "immunity cap" claims involving small business will arise over the next two fiscal years. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons may be entitled to additional damages for personal injury and property damage claims caused by governmental entities; however, there is no way to predict those increases accurately, because damages for such claims can only be evaluated on an individualized basis. Furthermore, there is no way to predict accurately how many "immunity cap" claims involving persons will arise over the next two fiscal years. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment will not create any additional compliance costs other than potential increased claim costs that may be incurred by governmental entities, as indicated above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a potential for increased damages for personal injury and property claims against governmental entities. 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: - Brian Nelson by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at benelson@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/2016/20160415/40282.htm COMMERCE REAL ESTATE No. 40276 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: In Subsection R162-2f-102 (36), the definition of "Sponsor" is amended. In Section R162-2f-307, the disclosures required for all undivided fractionalized long-term estates are set forth in the proposed amendment. In addition to the disclosures for all undivided fractionalized long-term estates, additional disclosures are required for any undivided fractionalized long-term estates that include any of the following conditions: 1) management of the real property by the sponsor or an affiliate of the sponsor; 2) multiple tenants; 3) debt on the real property; or 4) a master lease agreement. 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 a person who offers or sells an undivided fractionalized long-term estate to make required disclosures to prospective purchasers. The existing rule also requires disclosures to be made. It is not anticipated that significant cost or savings will result to small businesses from the proposed rule amendment. If any cost or savings were to arise from the proposed amendment, they will vary and cannot be anticipated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment requires a person who offers or sells an undivided fractionalized long-term estate to make required disclosures to prospective purchasers. The existing rule also requires disclosures to be made. It is not anticipated that significant cost or savings will result to persons other than small businesses, businesses, or local government entities from the proposed rule amendment. If any cost or savings were to arise from the proposed amendment, they will vary and cannot be anticipated. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment requires a person who offers or sells an undivided fractionalized long-term estate to make required disclosures to prospective purchasers. The existing rule also requires disclosures to be made. The cost of compliance to affected persons will vary and cannot be anticipated. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change revises the rules regarding disclosures by persons who offer or sell an undivided fractionalized long-term estate. No fiscal impact to businesses is anticipated. 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: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@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/2016/20160415/40276.htm EDUCATION ADMINISTRATION No. 40287 (Amendment): R277-419. Pupil Accounting. SUMMARY OF THE RULE OR CHANGE: The amendments provide additional and updated accounting procedures for apportioning and distributing state funds for education and provide technical and conforming changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-419 provide additional accounting procedures and technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-419 provide additional accounting procedures and technical and conforming changes, which likely will not result in a cost or savings to the local government. - SMALL BUSINESSES: The amendments to Rule R277-419 provide additional accounting procedures and technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to R277-419 provide additional accounting procedures and technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-419 provide additional accounting procedures and technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to the rule in Subsection 53A-1- 401(3), Subsection 53A-1-402(1)(e), Subsection 53A-1-404(2), Subsection 53A- 1-301(3)(d), and Section 53A-3-404. 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: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.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/2016/20160415/40287.htm No. 40288 (Repeal): R277-478. Block Grant Funding. SUMMARY OF THE RULE OR CHANGE: Rule R277-478 is repealed in its entirety because the statute that provided for local discretionary block grant programs has been repealed, and the quality teaching block grant has not been funded since 2010. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-478 is repealed in its entirety, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-478 is repealed in its entirety, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-478 is repealed in its entirety, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-478 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-478 is repealed in its entirety, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule. 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: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.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/2016/20160415/40288.htm No. 40289 (Amendment): R277-482. Charter School Timelines and Approval Processes. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-482 add and revise definitions; change the requirement for USOE to maintain the charter agreement; change the reporting date for the State Charter School Board (SCSB) to report an approved expansion or addition of a satellite school to the Superintendent; require an authorizer to report an approved expansion or addition of a satellite school; change language about training sessions; expand website requirements; remove language about priority to applications; give flexibility to an authorizer to negotiate a new charter school's start date; clarify what an application may require from a school requesting to change authorizers and remove the timeline for consideration; remove expansion language and remove language about total number of charter school students authorized; clarify that the parent school and satellites are considered a single LEA; and make technical changes to numbering and terminology. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, and provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, and provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-482 provide changes to and additions of numerous processes and procedures, and provide technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to the rule. 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: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.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/2016/20160415/40289.htm No. 40290 (Amendment): R277-505. Administrative License Areas of Concentration and Programs. SUMMARY OF THE RULE OR CHANGE: Proposed amendments require programs to be aligned with the Utah Education Leadership Standards and establish internship or experience minimum requirements; define specific areas of focus for all administrative licensure programs; require the State Superintendent to work with local education agencies and university programs to create standards for a second tier licensure credential for building principals after employment and to explore the creation of credentials in other leadership positions; and provide technical and conforming changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-505 provide standards and procedures for Education Leadership licenses, approval of programs for Education Leadership licenses, and LEA-specific, competency-based licenses, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to Rule R277-505 provide standards and procedures for Education Leadership licenses, approval of programs for Education Leadership licenses, and LEA-specific, competency-based licenses, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to Rule R277-505 provide standards and procedures for Education Leadership licenses, approval of programs for Education Leadership licenses, and LEA-specific, competency-based licenses, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-505 provide standards and procedures for Education Leadership licenses, approval of programs for Education Leadership licenses, and LEA-specific, competency-based licenses, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-505 provide standards and procedures for Education Leadership licenses, approval of programs for Education Leadership licenses, and LEA-specific, competency- based licenses, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to the rule. 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: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.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/2016/20160415/40290.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 40267 (Amendment): R315-310. Permit Requirements for Solid Waste Facilities. SUMMARY OF THE RULE OR CHANGE: The rule change adds coal ash disposal facilities resulting from electric power generation to the list of solid waste disposal facilities that are required to have a solid waste permit. It makes some wording changes to clarify the rule and adds a section that refers to the information that will be required in a permit application for a coal ash disposal facility. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: All costs for this rule change are covered in the rule analysis for the new Rule R315-319. - LOCAL GOVERNMENTS: All costs for this rule change are covered in the rule analysis for the new Rule R315-319. - SMALL BUSINESSES: All costs for this rule change are covered in the rule analysis for the new Rule R315-319. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: All costs for this rule change are covered in the rule analysis for the new Rule R315-319. COMPLIANCE COSTS FOR AFFECTED PERSONS: All costs for this rule change are covered in the rule analysis for the new Rule R315-319. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: All costs for this rule change are covered in the rule analysis for the new Rule R315-319. 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: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@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/2016/20160415/40267.htm No. 40266 (New Rule): R315-319. Coal Combustion Residuals Requirements. SUMMARY OF THE RULE OR CHANGE: The rule establishes the requirements that must be met to receive a permit for a coal ash disposal facility including siting, design, operation, maintenance, closure, and monitoring. Compliance time frames and permit requirements are established. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The program will require permits for three facilities that are not currently under a solid waste permit. The increased workload will be absorbed by current staff. - LOCAL GOVERNMENTS: No facility that will be required to obtain a permit is operated by a local government. - SMALL BUSINESSES: No facility that will be impacted by the rule is a small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No person, other than the four facilities discussed in other parts of the rule analysis form, are affected by the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: The facilities that are affected by the rule are currently required to generate all of the information required by the rule as part of a US Environmental Protection Agency rule. There will be no extra cost to a facility to provide the same information to the Division except for the cost of postage. Each permit applicant will be required to pay a permit application of $750 and a review fee of $90 per hour with a total estimated cost for permit review of $3,000. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The facilities that are affected by the rule are currently required to generate all of the information required by the rule as part of a US Environmental Protection Agency rule. There will be no extra cost to a facility to provide the same information to the Division except for the cost of postage. Each permit applicant will be required to pay a permit application of $750 and a review fee of $90 per hour with a total estimated cost for permit review of $3,000. 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: - Ralph Bohn by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@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/2016/20160415/40266.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 40283 (Amendment): R426-5. Emergency Medical Services Training and Certification Standards. SUMMARY OF THE RULE OR CHANGE: This amendment adds clarification of the existing rule for epi pen training, and background criminal investigation criteria for EMS certification, as well as the addition of an EMS Rules Task Force for Emergency Medical Services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget will not be impacted due to the amended training resources for epi pen use, the clarification of criminal background criteria, or the EMS Rules Task Force. The EMS Rules Task Force has been operational for several years, and this is only a proposal to add its functionality to administrative rule. - LOCAL GOVERNMENTS: The local government budgets will not be impacted due to the amended training resources for epi pen use, the clarification of criminal background criteria, or the EMS Rules Task Force. The EMS Rules Task Force has been operational for several years, and this is only a proposal to add its functionality to administrative rule. - SMALL BUSINESSES: Fiscal impacts will be minimal since changes are primarily at the state level. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Fiscal impacts will be minimal since the changes are primarily at the state level. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected will not have any additional compliance costs due to rule amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because all requirement changes are directed at the state. 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: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@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/2016/20160415/40283.htm INSURANCE ADMINISTRATION No. 40272 (Amendment): R590-102. Insurance Department Fee Payment Rule. SUMMARY OF THE RULE OR CHANGE: The rule adopts new fees for captive cells that include an initial renewal, late renewal, and commerce fee; fees for individual navigators and navigator agencies for initial renewal and reinstatement; an annual health insurance actuarial review assessment fee; and a risk adjustment program insurer assessment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The captive cell initial and renewal fees are $1,000. Utah currently licenses 83 captive cells for an annual budget of $83,000. Currently, there are 33 individual navigators whose initial application fee is $35 a year for an annual budget of $1,155. Currently, there are 9 agency navigators whose initial application fee is $40 a year for an annual budget of $360. The annual health insurance assessment funds the department health actuary and is capped at a total assessment of $150,000 a year. Currently, the department is not assessing the risk adjustment program fee. The department is still reviewing the impact of a state-based program. - LOCAL GOVERNMENTS: None--The fees and assessments included in the rule only impact budgets at the state level. - SMALL BUSINESSES: Currently, there are 33 individual navigators whose initial application fee is $35 a year. Currently, there are 9 agency navigators whose initial application fee is $40 a year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals could see a small increase in their insurance premium cost. COMPLIANCE COSTS FOR AFFECTED PERSONS: The captive cell initial and renewal fees are $1,000. Utah currently licenses 83 captive cells. Currently, there are 33 individual navigators whose initial application fee is $35 a year. Currently, there are 9 agency navigators whose initial application fee is $40 a year. The annual health insurance assessment funds the department health actuary and is capped at a total assessment of $150,000 a year. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The captive cell fees are the lowest in the nation and will capture the monies required for the department's additional work. The individual navigator and agency navigator license fees are consistent with other similar entities. The annual health insurance assessment is spread amongst all individual and small employer health insurers and provides the department an invaluable resource in the complex regulation of these entities. 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: - 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: 05/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40272.htm No. 40273 (Amendment): R590-262. Health Data Authority Health Insurance Claims Reporting. SUMMARY OF THE RULE OR CHANGE: The rule clarifies that self-funded employer welfare benefit plans no longer have to submit reports under this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Insurance Department will have very slight savings being that the Department is no longer able to collect data on employer self- funded plans. - LOCAL GOVERNMENTS: There is no impact on local government because it only affects ERISA plans. - SMALL BUSINESSES: Small third-party administrators may experience a slight savings being that they no longer will be required to submit data to the insurance department regarding employer self-funded plans. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on any other persons because the rule change governs the reporting requirement between third-party administrators and state government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be a very slight reduction in compliance costs for affected persons because of minimal reporting requirements that will no longer be required. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The data previously collected by third-party administrators was helpful assessing the market as a whole. However, the Gobeille v. Liberty Mutual Insurance Company decision rules that a state may not in any way regulate a self-funded ERISA plan. 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: - 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: 05/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40273.htm No. 40275 (Amendment): R590-266. Utah Essential Health Benefits Package. SUMMARY OF THE RULE OR CHANGE: The changes revise the benchmark plan for 2017 plans, provide definitions for the terms "habilitative" and "rehabilitative", and add two clarifying statements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The updates are a response to changes required by the Centers for Medicare and Medicaid Services in relation to the Affordable Care Act (ACA). There are no costs because it merely updates and clarifies the existing rule. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. The updates are a response to changes required by the Centers for Medicare and Medicaid Services in relation to the ACA. There are no costs because it merely updates and clarifies the existing rule. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The updates are a response to changes required by the Centers for Medicare and Medicaid Services in relation to the ACA. There are no costs because it merely updates and clarifies the existing rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to any other persons. The updates are a response to changes required by the Centers for Medicare and Medicaid Services in relation to the ACA. There are no costs because it merely updates and clarifies the existing rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because the rule merely updates the benchmark plan required by the ACA for insurers to follow from 2017 forward. There are no benefit updates added to the rule that would impact costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses because the rule only brings the benchmark plan into compliance with the ACA. All individual and small group insurers are required to have, at minimum, the same benefit outline set forth in the benchmark plan. 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: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 04/20/2016 11:00 AM, State Office Building, 450 N State Street, Room 3110E, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 05/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40275.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 40291 (Amendment): R850-90-200. Exchange Criteria. SUMMARY OF THE RULE OR CHANGE: The current rule limits the amount of cash that the agency may accept in an exchange to 25% of the value of the transaction. This rule amendment will allow the director to make a determination as to whether or not it is in the best interest of the trust beneficiary to accept cash in an amount that exceeds the 25% limit when negotiating an exchange. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is not anticipated that there will be either a cost or savings to the state budget as a result of this rule amendment because the combination of cash and other assets received by the agency in an exchange must still equal the value of the asset being exchanged. - LOCAL GOVERNMENTS: It is not anticipated that there will be either a cost or savings to local government as a result of this rule amendment as the combination of cash and other assets offered by the local government in an exchange must still equal the total value of the asset being traded. - SMALL BUSINESSES: It is not anticipated that there will be either a cost or savings to small businesses as a result of this rule amendment. The combination of cash and other assets offered by a small business in an exchange must still equal the total value of the asset being exchanged. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that there will be either a cost or savings to persons other than small businesses, businesses, or local government entities as a result of this rule amendment. The combination of cash and other assets offered by a "person" in an exchange must still equal the total value of the asset being traded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should not be any additional compliance costs for affected persons beyond those that already exist. The amendment to this rule only removes the limitation of the amount of cash that the agency is able to accept towards the full value of the assets being offered in the exchange. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment will not have any impact on businesses as the total asset value of the exchange remains the same. Only the ratio of the amount of cash the agency may accept as part of the total asset value has increased. 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: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@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/2016/20160415/40291.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. EDUCATION ADMINISTRATION No. 40274 (Emergency Rule): R277-752. Adult Students with Disabilities and Informed Consent. SUMMARY OF THE RULE OR CHANGE: The rule provides definitions, as well as procedures for transfer of rights to informed consent, for determining ability to provide informed consent and appointment of an educational representative, and for applicability of rule to adult students with disabilities. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: 20 U.S.C. 1415(m)(2) requires the state to establish procedures for appointing the parent of a child or other individual to represent certain adult students with disabilities throughout the student's eligibility for IDEA services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule provides procedures regarding adult students with disabilities and informed consent, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: An LEA may be required to update special education policies and procedures, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new rule provides procedures regarding adult students with disabilities and informed consent, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule provides procedures regarding adult students with disabilities and informed consent, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new rule provides procedures regarding adult students with disabilities and informed consent, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 03/18/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40274.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 REGULATORY SERVICES No. 40268 (5-year Review): R70-330. Raw Milk for Retail. 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 sets out the permitting, building, labeling, and sanitation requirements for a person engaged in the sale of raw milk. This rule provides for testing of the product and inspection by a state regulatory agency (Utah Department of Agriculture and Food) to make sure that the milk sold is safe for human consumption. Therefore, this rule should be continued. 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 - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 03/16/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40268.htm No. 40270 (5-year Review): R70-370. Butter. 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 sets out the requirements for the manufacturing of butter and similar products, such as whipped butter. The manufacturing facility must be suitable, and the process must ensure a safe product, and this can only be accomplished if facilities are under inspection by a designated regulatory facility. Therefore, this rule should be continued. 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 - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 03/16/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40270.htm No. 40269 (5-year Review): R70-380. Grade A Condensed and Dry Milk Products and Condensed and Dry Whey. 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 sets forth the oversight requirements for the Utah Department of Agriculture and Food to ensure the safe, sanitary manufacture of Grade A condensed and dry milk and condensed and dry whey products. This includes appropriate facilities and proper processing procedures to ensure the safety of the end consumer. Therefore, this rule should be continued. 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 - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 03/16/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40269.htm COMMERCE ADMINISTRATION No. 40293 (5-year Review): R151-14. New Automobile Franchise 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: This rule governs adjudicative proceedings before the Board and the Commerce Department executive director. The rule is still needed because these proceedings still take place. 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: 03/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40293.htm EDUCATION ADMINISTRATION No. 40284 (5-year Review): R277-482. Charter School Timelines and Approval Processes. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-482 continues to be necessary because it establishes procedures for timelines and approval processes for charter schools. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 03/30/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40284.htm No. 40285 (5-year Review): R277-505. Administrative License Areas of Concentration and Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-505 continues to be necessary because it provides standards and procedures for district-specific and charter school-specific administrative license areas of concentration. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 03/30/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40285.htm INSURANCE ADMINISTRATION No. 40271 (5-year Review): R590-260. Utah Defined Contribution Risk Adjuster Plan of Operation. 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 adopts the Risk Adjuster Board Plan of Operation, which details business rules for Avenue H transitional plans. Therefore, this rule should be continued. The board is set to expire 12/31/2018. 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 EFFECTIVE: 03/18/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40271.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 40292 (5-year Review): R746-409. Pipeline Safety. 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 comply with Section 54-13-2 and 54-13-3. As noted above, these statutes require the PSC to establish pipeline safety standards and to adopt and enforce rules incorporating the Natural Gas Pipeline Safety Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 03/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160415/40292.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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40164 (AMD): R156-55d.Burglar Alarm Licensing Rule Published: 02/15/2016 Effective: 03/24/2016 HEALTH CHILD CARE CENTER LICENSING COMMITTEE No. 40163 (AMD): R381-60.Hourly Child Care Centers Published: 02/15/2016 Effective: 03/30/2016 No. 40162 (AMD): R381-70.Out of School Time Child Care Programs Published: 02/15/2016 Effective: 03/30/2016 No. 40161 (AMD): R381-100.Child Care Centers Published: 02/15/2016 Effective: 03/30/2016 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40180 (AMD): R414-2B.Inpatient Hospital Intensive Physical Rehabilitation Services Published: 02/15/2016 Effective: 04/01/2016 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 40178 (AMD): R426-7.Emergency Medical Services Prehospital Data System Rules Published: 02/15/2016 Effective: 03/25/2016 CENTER FOR HEALTH DATA, HEALTH CARE STATISTICS No. 40170 (AMD): R428-1.Health Data Plan and Incorporated Documents Published: 02/15/2016 Effective: 03/25/2016 No. 40171 (AMD): R428-2.Health Data Authority Standards for Health Data Published: 02/15/2016 Effective: 03/25/2016 No. 40172 (R&R): R428-10.Health Data Authority Hospital Inpatient Reporting Rule Published: 02/15/2016 Effective: 03/25/2016 No. 40173 (REP): R428-11.Health Data Authority Ambulatory Surgical Data Reporting Rule Published: 02/15/2016 Effective: 03/25/2016 No. 40174 (AMD): R428-13.Health Data Authority. Audit and Reporting of Health Plan Performance Measures Published: 02/15/2016 Effective: 03/25/2016 No. 40179 (AMD): R428-15.Health Data Authority Health Insurance Claims Reporting Published: 02/15/2016 Effective: 03/25/2016 FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 40160 (AMD): R430-50.Residential Certificate Child Care Published: 02/15/2016 Effective: 03/30/2016 No. 40159 (AMD): R430-90.Family Licensed Child Care Published: 02/15/2016 Effective: 03/30/2016 INSURANCE ADMINISTRATION No. 40182 (AMD): R590-167-11.Actuarial Certification and Additional Filing Requirements Published: 02/15/2016 Effective: 03/23/2016 No. 40005 (REP): R590-212.Requirements for Interest Bearing Accounts Used by Title Insurance Agencies for Trust Fund Deposits Published: 01/15/2016 Effective: 03/16/2016 No. 40155 (AMD): R590-220-16.Classification of Documents Published: 02/15/2016 Effective: 03/23/2016 No. 40156 (AMD): R590-226.Submission of Life Insurance Filings Published: 02/15/2016 Effective: 03/23/2016 No. 40157 (AMD): R590-227.Submission of Annuity Filings Published: 02/15/2016 Effective: 03/23/2016 No. 40158 (AMD): R590-228-9.Correspondence and Status Checks Published: 02/15/2016 Effective: 03/23/2016 TITLE AND ESCROW COMMISSION No. 40006 (NEW): R592-17.Requirements for Interest Bearing Accounts Used by Title Insurance Agencies for Trust Fund Deposits Published: 01/15/2016 Effective: 03/16/2016 NATURAL RESOURCES WATER RIGHTS No. 40169 (AMD): R655-10-5A.Hazard Classification -- Criteria Published: 02/15/2016 Effective: 03/24/2016 No. 40175 (AMD): R655-11.Requirements for the Design, Construction and Abandonment of Dams Published: 02/15/2016 Effective: 03/24/2016 No. 40176 (AMD): R655-12.Requirements for Operational Dams Published: 02/15/2016 Effective: 03/24/2016 PUBLIC SAFETY DRIVER LICENSE No. 40140 (REP): R708-16.Pedestrian Vehicle Rule Published: 02/15/2016 Effective: 03/24/2016 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 39934 (CPR): R746-409.Pipeline Safety Published: 02/01/2016 Effective: 03/30/2016 No. 39934 (AMD): R746-409.Pipeline Safety Published: 12/01/2015 Effective: 03/30/2016 SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 40185 (AMD): R850-30-400.Special Use Leases Published: 02/15/2016 Effective: 03/23/2016 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40104 (AMD): R986-700.Child Care Assistance Published: 02/01/2016 Effective: 04/01/2016 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 . <> ----------------------------