---------------------------- Utah State Digest, Vol. 2016, No. 11 (June 1, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed May 3, 2016, 12:00 AM through May 16, 2016, 11:59 PM Volume 2016, No. 11 June 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. 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 May 3, 2016, 12:00 a.m., and May 16, 2016, 11:59 p.m. are summarized in this, the June 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 1, 2016, issue of the Utah State Bulletin until at least July 1, 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 September 29, 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. COMMERCE CONSUMER PROTECTION No. 40414 (Amendment): R152-15-3. Compensated Employees and Independent Contractors. SUMMARY OF THE RULE OR CHANGE: This change provides clarification of the definition of "assisted marketing plan" under BODA. It explains that certain support, advice, or training to compensated employees and independent contractors, unrelated to sales or marketing, does not constitute a sales or marketing plan. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not anticipated to result in individuals or businesses changing their BODA filing status with the Division of Consumer Protection, is not anticipated to result in a reduction of the volume of filing fees, and thus is not anticipated to result in a cost or savings to the Utah state budget. If the rule change were to result in some individuals or businesses choosing not to file with the Division of Consumer Protection, the costs would be low at $200 per business choosing not to file, would be recouped by decreased administrative costs in managing the filings, and would be absorbed by the Division of Consumer Protection’s current budget. - LOCAL GOVERNMENTS: BODA and its applicable rules do not regulate local government. Therefore, this change will not result in cost or savings to local government. - SMALL BUSINESSES: This rule change is not anticipated to result in individuals or businesses changing their BODA filing status with the Division of Consumer Protection, is not anticipated to result in a reduction of the volume of filing fees, and thus, is not anticipated to result in a cost or savings to small businesses. If the rule change were to result in some businesses choosing not to file with the Division of Consumer Protection, the savings would be low at $200 per small business choosing not to file. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not anticipated to result in individuals or businesses changing their BODA filing status with the Division of Consumer Protection, is not anticipated to result in a reduction of the volume of filing fees, and thus, is not anticipated to result in a cost or savings to persons other than small businesses or local government entities. If the rule change were to result in some persons choosing not to file with the Division of Consumer Protection, the savings would be low at $200 per person choosing not to file. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change is not anticipated to result in individuals or businesses changing their BODA filing status with the Division of Consumer Protection, is not anticipated to result in a reduction of the volume of filing fees, and thus, is not anticipated to result in a cost or savings to any person. If the rule were to result in some persons choosing not to file, the savings would be low at $200 per person choosing not to file. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change clarifies the Business Opportunity Disclosure Act's definition of an "assisted marketing plan". The new rule excludes from the definition of "assisted marketing plan", support, advice, or training that is unrelated to sales and marketing and that is given by a company to its compensated employees. 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 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jacob Hart by phone at 801-530-6636, or by Internet E-mail at jfhart@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40414.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40412 (Amendment): R156-1. General Rule of the Division of Occupational and Professional Licensing. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-1-109(4), the proposed amendments establish a process for a final order to be entered by the Division Director when the Director refuses to concur with an order of the Construction Services Commission (S.B. 30, 2016). In Section R156-1-308a, the proposed amendments add renewal dates for 1) barber apprentice, cosmetologist/barber apprentice, esthetician apprentice, and nail technologist apprentice (H.B. 352, 2016); 2) deception detection examination administrator (H.B. 185, 2016); and 3) state-certified commercial interior designer (S.B. 117, 2016). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments do not affect or impact local government. Any cost or saving impact of new licensure regulation will be described in separate rule filings implementing the new regulation, which is a result from 2016 General Session statutory amendments. - SMALL BUSINESSES: The proposed amendments do not affect or impact small business. Any cost or saving impact of new licensure regulation was addressed in the referenced legislation or will be described in separate rule filings more fully implementing the new regulation or both. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments do not affect or impact other persons. Any cost or saving impact of new licensure regulation was addressed in the referenced legislation or will be described in separate rule filings more fully implementing the new regulation or both. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments do not affect compliance cost or savings for affected persons. Any cost or saving impact of new licensure regulation was addressed in the referenced legislation or will be described in separate rule filings more fully implementing the new regulation or both. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change describes the process when the Division Director refuses to concur with a Construction Services Commission order and sets license renewal dates for certain licensees. 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 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by Internet E-mail at raywalker@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40412.htm No. 40407 (Amendment): R156-17b-614a. Operating Standards - General Operating Standards, Class A and B Pharmacy. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-17b-614a(3)(f)(viii), the following is added: "name of the compounder who approved the preparation". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendment does not apply to local governments. The proposed amendment only applies to licensed Class A and B pharmacies. - SMALL BUSINESSES: The proposed amendment will apply only to licensed Class A and B pharmacies which may qualify as "small businesses". The Division does not anticipate any additional costs or savings to the regulated license classifications as a result of this proposed rule amendment beyond those that were identified in the earlier filing under DAR No. 40218. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment will apply only to licensed Class A and B pharmacies. The Division does not anticipate any additional costs or savings to the regulated license classifications as a result of this proposed rule amendment beyond those that were identified in the earlier filing under DAR No. 40218. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment will apply only to licensed Class A and B pharmacies. The Division does not anticipate any additional costs or savings to the regulated license classifications as a result of this proposed rule amendment beyond those that were identified in the earlier filing under DAR No. 40218. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change corrects an omission that occurred when this rule was amended on 04/21/2016. That amendment left out a phrase, which is now being added to the rule. No fiscal impact to businesses is anticipated by this rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40407.htm No. 40411 (New Rule): R156-86. State Certification of Commercial Interior Designers Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-86-101 establishes a title for this rule. Section R156-86-102 defines terms used within the respective act or rule. Section R156-86-103 references the authority of the Division to administer Title 58, Chapter 86, and rules adopted under Title 58. Section R156-86-104 establishes the relationship of this rule to Rule R156-1. Section R156-86-202 establishes the exam requirements for state certification of commercial interior designers. Section R156-86-203 establishes the renewal cycle and procedures for state certification of commercial interior designers. Section R156-86-204 further defines continuing education requirements for state certification of commercial interior designers. Section R156-86-301 establishes unprofessional conduct. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments implement state certification requirements established by S.B. 117 (2016). There are no additional costs imposed upon local governments by the proposed rule amendments. The requirements of S.B. 117 may result in additional costs for any local government agency that enlists the services of a state certified commercial interior designer. However, these costs cannot be quantified by the Division. - SMALL BUSINESSES: The proposed rule amendments implement state certification requirements established by S.B. 117 (2016). There are no additional costs or savings imposed upon small business by the proposed rule amendments. The requirements of S.B. 117 upon small business are described below. S.B. 117 applies to those required to be licensed as state certified commercial interior designers. State-certified commercial interior designers may seek to establish their own firms, many of which may be small businesses. Current architectural and engineering firms engaging in the practice of commercial interior design, some of which may be small businesses, may experience a potential loss in commercial interior design work or a downsize in subordinate design staff as commercial interior design work previously done by these firms may now be performed by state-certified commercial interior designers, independent of a licensed architect or engineer. Due to copious variables, the related costs for current firms and future small businesses may increase, remain neutral, or decrease. However, the Division is not able to quantify these costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed rule amendments implement state certification requirements established by S.B. 117 (2016). There are no additional costs or savings imposed upon other persons by these proposed amendments. The requirements of S.B. 117 upon other persons are described below. State- certified commercial interior designers may seek to establish their own firms, as commercial interior design work previously done by architectural and engineering firms may now be performed by state-certified commercial interior designers, independent of a licensed architect or engineer. Current architectural and engineering firms engaging in the practice of commercial interior design may experience a potential loss in commercial interior design work or a downsize in subordinate design staff as commercial interior design work previously done by these firms may now be performed by state-certified commercial interior designers, independent of a licensed architect or engineer. The Division is not able to quantify these potential costs. The training required for unlicensed employees, subordinates, associates, or drafters to engage in practice of commercial interior design may be less for those working under the supervision of a state-certified commercial interior designer, as their scope of practice is limited. However, as the practice of commercial interior design is distinct, perhaps even specialized, they may require more training in their area of expertise. As such, the training required for and the remuneration provided to those engaged in such practice may vary. This cost or savings will have a corresponding impact upon employers and clients. The Division is not able to quantify these costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments implement state certification requirements established by S.B. 117 (2016). There are no additional costs or savings imposed upon affected persons by this rule. The requirements of S.B. 117 upon affected persons are described below. The proposed rule amendments will result in an increase of costs for those applicants seeking state certification as a commercial interior designer. Associated costs include an application fee of $70, a renewal fee of $40, a continuing education on average of $15 to $30 per continuing education (CE) credit, National Council for Interior Design Qualification (NCIDQ) exam- related fees ranging from $50 to $450, and any prerequisite education required to apply for the NCIDQ exams, the cost of which cannot be quantified by the Division. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change corresponds with recently-passed legislation, which made commercial interior designers an occupation now licensed by the Division. This new rule defines terms, references statutory authority for the rule, establishes exam requirements, establishes the renewal cycle and procedures for state certification, defines the continuing education requirements, and describes unprofessional conduct. No fiscal impact to businesses is anticipated by this rule change. Some businesses will be fiscally impacted by the change in state law. But the definitions, procedures, and requirements of this rule will not fiscally impact businesses beyond that of the state law change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40411.htm EDUCATION ADMINISTRATION No. 40430 (New Rule): R277-216. Surrender of License with UPPAC Investigation Pending. SUMMARY OF THE RULE OR CHANGE: This new Rule R277-216 provides procedures for an educator to submit a petition requesting voluntary surrender of the educator's license to UPPAC for submission to the Board with UPPAC investigation pending; provides reporting requirements upon an educator's surrender of the educator's license; and implications to the educator's voluntarily surrender of the educator's license. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-216 provides procedures for an educator to surrender the educator's license with a UPPAC investigation pending, which may result in a savings to the state budget because investigative resources would not need to be spent on uncontested matters. Any savings are too speculative to determine at this time. - LOCAL GOVERNMENTS: This new Rule R277-216 provides procedures for an educator to surrender the educator's license with a UPPAC investigation pending, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-216 provides procedures for an educator to surrender the educator's license with a UPPAC investigation pending, 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 R277-216 provides procedures for an educator to surrender the educator's license with a UPPAC investigation pending, 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 R277-216 provides procedures for an educator to surrender the educator's license with a UPPAC investigation pending, 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 this new rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 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: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40430.htm No. 40431 (Amendment): R277-477. Distribution of Funds from the Interest and Dividends Account and Administration of the School LAND Trust Program. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-477 provide clarification for school funding; create consistency in the amount that can be spent for a nominal student incentive; provide procedures to bring schools and districts into compliance with overspending; and provide a process to ensure school community council members have an opportunity to provide the council member's signature indicating the member's involvement in implementation and development of the school's School LAND Trust plan. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule clarify funding provisions, student incentives, and a school community council member's involvement in a school's School LAND Trust plan, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule clarify funding provisions, student incentives, and a school community council member's involvement in a school's School LAND Trust plan, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule clarify funding provisions, student incentives, and a school community council member's involvement in a school's School LAND Trust plan, 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 this rule clarify funding provisions, student incentives, and a school community council member's involvement in a school's School LAND Trust plan, 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 this rule clarify funding provisions, student incentives, and a school community council member's involvement in a school's School LAND Trust plan, 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 this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 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: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40431.htm No. 40432 (Amendment): R277-491. School Community Councils. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule remove unnecessary language, add provisions clarifying a school community council member's reporting of a conflict of interest, and provide for coordination between a school district and a school community council to prevent a conflict with the school district's Digital Teaching and Learning Grant goals. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments remove unnecessary language and provide provisions clarifying conflict of interest and coordination between a school community council and a school district, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments remove unnecessary language and provide provisions clarifying conflict of interest and coordination between a school community council and a school district, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments remove unnecessary language and provide provisions clarifying conflict of interest and coordination between a school community council and a school district, 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 remove unnecessary language and provide provisions clarifying conflict of interest and coordination between a school community council and a school district, 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 remove unnecessary language and provide provisions clarifying conflict of interest and coordination between a school community council and a school district, 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 this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 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: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40432.htm No. 40429 (Amendment): R277-707. Enhancement for Accelerated Students Program. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule provide technical and conforming changes and update the rule for clarification purposes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule provide technical and conformation changes and minor changes for clarification purposes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule provide technical and conformation changes and minor changes for clarification purposes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule provide technical and conformation changes and minor changes for clarification purposes, 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 this rule provide technical and conformation changes and minor changes for clarification purposes, 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 this rule provide technical and conformation changes and minor changes for clarification purposes, 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 this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 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: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40429.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 40423 (Amendment): R307-101-3. Version of Code of Federal Regulations Incorporated by Reference. SUMMARY OF THE RULE OR CHANGE: This rule change updates the version of the Code of Federal Regulations (CFR) that is incorporated by reference throughout the Utah Air Quality rules. This rule does not cover rules that specify its own date for the version of the CFR they incorporate by reference, for example, Rules R307-210 and R307-214. There were no substantive changes to any specific portions of the CFR outside of the Code sections incorporated by Rules R307-210 and R307-214. A summary of every federal rule that is being incorporated by Section R307-101-3 can be found at http://www.deq.utah.gov/boards/airquality/docs/05May/May_4_2016_Packet.pdf (pgs. 56-57). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on the state budget because they are already federal law. - LOCAL GOVERNMENTS: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on local government because they are already federal law. - SMALL BUSINESSES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on small businesses because they are already federal law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for affected persons because any changes are already federal law that must be complied with. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Section R307-101-3 will not have a fiscal impact on Utah businesses. The changes in federal law will have to be complied with by Utah businesses regardless of whether the state incorporates them into its air quality rules. By incorporating the federal rules into state law, it makes the rules enforceable on a state level. It does not create additional requirements for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40423.htm No. 40424 (Amendment): R307-210. Stationary Sources. SUMMARY OF THE RULE OR CHANGE: This rule change updates the version of the Code of Federal Regulations (CFR) that is incorporated by reference throughout the Utah Air Quality rules. The rules that are being incorporated by reference include rules dealing with the startup and shutdown provisions of EPA's final Mercury Air Toxics Standards rule, minor changes to the new source performance standards for the oil and natural gas sector, and updates to the rules for new residential wood heaters. These changes are described in more detail at http://www.deq.utah.gov/boards/airquality/docs/05May/May_4_2016_Packet.pdf (pg. 66-67). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on the state budget because they are already federal law. - LOCAL GOVERNMENTS: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on local government because they are already federal law. - SMALL BUSINESSES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on small businesses because they are already federal law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for affected persons because any changes are already federal law that must be complied with. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rule R307-210 will not have a fiscal impact on Utah businesses. Utah businesses will already have to comply with federal law, despite any changes made to the state rule. By incorporating the federal rules into state law, the rules become enforceable at the state level. It does not create additional requirements for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40424.htm No. 40425 (Amendment): R307-214. National Emission Standards for Hazardous Air Pollutants. SUMMARY OF THE RULE OR CHANGE: This rule change updates the version of the Code of Federal Regulations (CFR) that is incorporated by reference found in Rule R307-214. These changes were mostly minor changes that have no direct impact on Utah. The changes that do have an impact on Utah relate to EPA's promulgation of new emissions standards for source categories of certain hazardous air pollutants, final amendments regarding particulate matter standards for certain electric furnaces, metal oxygen refining processes, crushing and screening operations, changes to opacity limits, new emissions limits for previously unregulated hazardous air pollutants, and new reporting requirements for the Mercury Air Toxics Standards rule. A description of all of the changes to the federal rules can be found here: http://www.deq.utah.gov/boards/airquality/docs/05May/May_4_2016_Packet.pdf (pg. 77-76). The webpage also has a citation for each Federal Register Notice pertaining to each amendment or new federal rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on the state budget because they are already federal law. - LOCAL GOVERNMENTS: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on local government because they are already federal law. - SMALL BUSINESSES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on small businesses because they are already federal law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality Rules. None of the changes incorporated into the state rules will have an impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for affected persons because any changes are already federal law that must be complied with. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rule R307-214 will not have a fiscal impact on Utah businesses. Utah businesses will already have to comply with federal law, despite any changes made to the state rule. By incorporating the federal rules into state law, the rules become enforceable at the state level. It does not create additional requirements for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40425.htm GOVERNOR ECONOMIC DEVELOPMENT No. 40434 (New Rule): R357-16. Utah Outdoor Recreation Infrastructure Grant. SUMMARY OF THE RULE OR CHANGE: This rule establishes the eligibility and reporting criteria for an entity to receive an infrastructure grant under Section 63N-9-201 et seq. including: 1) the form and process of submitting an application to the outdoor recreation office for an infrastructure grant; 2) which entities are eligible to apply for an infrastructure grant; 3) specific categories of projects that are eligible for an infrastructure grant; 4) the method and formula for determining grant amounts; and 5) the reporting requirements of grant recipients. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule does not cost or save any money from the state budget outside of the money appropriated to the office for the program itself, which was $1,000,000. - LOCAL GOVERNMENTS: This rule could impact local governments only in that it provides the criteria for which a local government entity could apply and qualify for a grant for recreation infrastructure projects. - SMALL BUSINESSES: This rule does not impact small business because all private businesses are foreclosed by statute from participation in this program. There could be some ancillary benefits to businesses hired to work on a project funded by this program. But, this rule does not govern those processes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Tribal governments may be impacted only in that it provides the criteria for which a tribal entity could apply and qualify for a grant for recreation infrastructure projects. COMPLIANCE COSTS FOR AFFECTED PERSONS: There may be some minor compliance costs in terms of grant writing expenses and reporting requirements for those who are awarded a grant under this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no likely impacts on businesses because the statute does not allow private businesses to participate in this program. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 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: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40434.htm ENERGY DEVELOPMENT (OFFICE OF) No. 40433 (New Rule): R362-4. High Cost Infrastructure Development Tax Credit Act. SUMMARY OF THE RULE OR CHANGE: This rule clarifies eligibility requirements for high cost infrastructure tax credits; establishes procedures for eligible taxpayers to follow when applying for high cost infrastructure tax credits; clarifies approval, certification and reporting requirements; and provides clarification on how high cost infrastructure tax credits will be calculated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is expected that the majority of incentives provided under this rule will have a positive impact on the state budget. The tax credit incentive will generally target infrastructure investments that create new state revenues, or retain state revenues that would otherwise be lost. As a new incentive program, it is uncertain how many projects will apply for and receive these incentives, and therefore, the office cannot forecast the amount of new state revenues that may be generated. Projects that expand or create new industrial, mining, manufacturing, or agricultural activity where the infrastructure investment will be 10% or more of the cost of the project or $10,000,000 or more of infrastructure investment will be considered for the non-refundable tax credit. Infrastructure investment that is certified by OED and approved by the Board will generally receive a non-refundable tax credit of 30% of qualifying infrastructure-related state revenue generated during a qualifying tax period. The total tax credit available will be capped at 50% of the cost of the infrastructure construction unless it is a fuel standard compliance project, which will be capped at 30%. The tax credit will generally only apply to new state revenues that are directly attributable to new infrastructure investment. For non-refinery projects, tax credits will be calculated from state revenues generated after the completion of a fuel standard compliance project. - LOCAL GOVERNMENTS: This incentive recognizes the crucial role new infrastructure investment plays in advancing economic development, especially in rural Utah. In particular, new infrastructure investment provides greater access to Utah's abundant natural resources that in turn promotes affordable and abundant energy and resources to advance Utah's economy. It is expected that this incentive will encourage greater investment in infrastructure that will grow local economies and grow local tax base. - SMALL BUSINESSES: This incentive will be available to qualifying small businesses. Generally, projects that expand or create new industrial, mining, manufacturing, or agricultural activity where the infrastructure investment will be 10% or more of the cost of the project will qualify. The tax credit incentive will support investment in infrastructure projects needed by some small businesses to expand. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Projects that expand or create new industrial, mining, manufacturing, or agricultural activity where the infrastructure investment will be 10% or more of the cost of the project or $10,000,000 or more of infrastructure investment will be considered for the non-refundable tax credit. Infrastructure investment that is certified by OED and approved by the Board will generally receive a non-refundable tax credit of 30% of qualifying infrastructure-related state revenue generated during a qualifying tax period. The total tax credit available will be capped at 50% of the cost of the infrastructure construction unless it is a fuel standard compliance project, which will be capped at 30%. The tax credit will generally only apply to new state revenues that are directly attributable to new infrastructure investment. For non-refinery projects, tax credits will be calculated from state revenues generated after the completion of a fuel standard compliance project. COMPLIANCE COSTS FOR AFFECTED PERSONS: As an incentive, any compliance costs for qualifying entities will be minimal compared to the tax benefit received. Nevertheless, annual reporting requirements which must be completed by a independent certified public accounts, will cost an estimated $500 to $5,000, depending on the size of the reporting entity. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The High Cost Infrastructure Tax Credit will support qualifying businesses' ability to make strategic infrastructure investments that will promote business expansion. In particular, one of the main focuses of the incentive will be encouraging infrastructure investments in rural Utah that provide greater access to Utah's abundant natural resources, which in turn provides the affordable and abundant energy and resources needed to advance Utah's economy. This incentive also protects Utah taxpayers since it only provides non-refundable tax credits for infrastructure investments. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robert Simmons by phone at 801-657-2867, or by Internet E-mail at rsimmons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40433.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 40402 (Repeal): R398-15. Autism Treatment Account. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division may incur minimal cost of approximately $50 to delete and repeal the rule out of publications. The proposed repeal does not have costs affiliated with it. The deletion of the rule cuts costs for the Division. The left over funds from the Autism Treatment Account (ATA) transferred to the Medicaid plan increases funds available for the autism spectrum disorder patients. - LOCAL GOVERNMENTS: No funding was provided to local government and therefore none will be affected by this repeal. - SMALL BUSINESSES: Contracts to four small businesses from the Autism Treatment Account expired June 2014. No further impact on small businesses will be experienced. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Contracts to provide services to children with autism expired in June 2014. No further services have been provided since that date. No further impact will be experienced. COMPLIANCE COSTS FOR AFFECTED PERSONS: No funding has been appropriated since fiscal year 2014. There are no ongoing programs or compliance cost associated with the Autism Treatment Account. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be fiscal impact on business in that any funds remaining in the ATA are to be deposited into the state Medicaid plan and used for the autism spectrum disorder program including payment for services from Medicaid providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40402.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 40427 (Amendment): R426-3-600. Cost, Quality, and Access Goals for Ground Ambulance Providers. SUMMARY OF THE RULE OR CHANGE: Clarification of requirements for establishing cost, quality, and access goals for Emergency Medical Services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no effect on state budget. This amendment makes no changes to the administrative costs. No additional work or state requirements are mandated. - LOCAL GOVERNMENTS: Fiscal impacts should be minimal. Administrative time will be required to establish cost, quality, and access goals. These amendments do not increase current requirements. - SMALL BUSINESSES: Fiscal impacts should be minimal. Administrative time will be required to establish cost, quality, and access goals. These amendments do not increase current requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Fiscal impacts should be minimal. Administrative time will be required to establish cost, quality, and access goals. These amendments do not increase current requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: The cost, quality, and access goals may establish lower or higher costs depending on the decisions made by local governments. These amendments do not increase current requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There may be a slight fiscal impact to business as a result of the administrative time of EMS providers to track the establishment of the goals but there are no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 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: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40427.htm No. 40426 (Amendment): R426-9. Trauma and EMS System Facility Designations. SUMMARY OF THE RULE OR CHANGE: The changes: 1) replace references from ICD- 9 to ICD-10; 2) update inclusion criteria to include a hospital stay of longer than 12 hours (as measured from the time of Emergency Department arrival to patient discharge); 3) remove the list of required data elements which is replaced by Subsection R426-9-7(1)(c); 4) no longer require referring hospital information except hospital transfer and hospital name; and 5) replace full Utah Trauma Data Dictionary with addendum that includes only additional elements not included in the National Traffic Data Standard. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated fiscal impact to the state budget because amendments update and clarify standards. - LOCAL GOVERNMENTS: There is no anticipated fiscal impact to local government budgets because amendments update and clarify standards. - SMALL BUSINESSES: There is no impact on small businesses. Reporting is currently required, and amendments update and clarify reportable data elements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated fiscal impacts. Reporting is currently required, and amendments update and clarify reportable data elements. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons will not have any additional compliance costs. The amendments update and clarify existing requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact upon business because the proposed changes clarify but do not change any currently required reporting requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 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: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40426.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 40403 (Amendment): R657-5. Taking Big Game. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule align the rule with current statute changes resulting from the 2016 Legislative Session under H.B. 84. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment removes the age restriction for 12- to 13-year-olds to apply for limited entry and once-in-a-lifetime permits in the big game drawing. Since this will not increase workload for the agency, the Division of Wildlife Resources (DWR) determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since the amendment only adjusts the age for which a person can apply for limited entry permits, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment simply makes an age adjustment and allows for additional opportunities for sportsmen 12 to 13 years of age. It does not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment simply makes an age adjustment and allows for additional opportunities for sportsmen 12 to 13 years of age. It does not have the potential to generate a cost or savings impact to sportsmen or the other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this amendment will not create additional costs for those who participate in wildlife- related activities in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not have a potential to create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40403.htm No. 40404 (Amendment): R657-23. Utah Hunter Education Program. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to better align with the IHEA–USA minimum hunter education standards for use in the United States to ensure consistency and to maintain reciprocity agreements among the states. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is being amended to better align with the IHEA–USA standards. The Division of Wildlife Resources (DWR) determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget and can be implemented with current budget and personnel. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This rule is aligning the state's minimum hunter education requirements with that of the IHEA–USA. Therefore, this amendment does not impose any additional requirements on other persons nor generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is aligning the state's minimum hunter education requirements with that of the IHEA–USA. Therefore, this amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule is better aligning the states hunter education minimum requirements with the IHEA–USA to ensure consistency and to maintain reciprocity agreements among the states. Therefore, the division determines that there are not any additional compliance costs associated with this amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40404.htm TAX COMMISSION AUDITING No. 40417 (Amendment): R865-6F-28. Enterprise Zone Corporate Franchise Tax Credits Pursuant to Utah Code Ann. Sections 63N-2-201 through 63N-2-215. SUMMARY OF THE RULE OR CHANGE: H.B. 31 (2016) removes the determination of whether an applicant qualifies for the enterprise zone credit and the amount of credit for which a successful applicant applies from the Tax Commission to GOED. Accordingly, this section is no longer necessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any revenue impacts were considered in H.B. 31 (2016). - LOCAL GOVERNMENTS: None--Any revenue impacts were considered in H.B. 31 (2016). - SMALL BUSINESSES: None--Any revenue impacts were considered in H.B. 31 (2016). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any revenue impacts were considered in H.B. 31 (2016). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The Tax Commission section is removed since the Tax Commission is no longer involved in the determination of whether an applicant qualifies for the enterprise zone credit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact--Potential fiscal impacts considered in H.B. 31 (2016). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40417.htm No. 40418 (Amendment): R865-9I-37. Enterprise Zone Individual Income Tax Credits Pursuant to Utah Code Ann. Sections 63N-2-201 through 63N-2-215. SUMMARY OF THE RULE OR CHANGE: H.B. 31 (2016) removes the determination of whether an applicant qualifies for the enterprise zone credit and the amount of credit for which a successful applicant applies from the Tax Commission to GOED. Accordingly, this section is no longer necessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any revenue impacts were considered in H.B. 31 (2016). - LOCAL GOVERNMENTS: None--Any revenue impacts were considered in H.B. 31 (2016). - SMALL BUSINESSES: None--Any revenue impacts were considered in H.B. 31 (2016). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any revenue impacts were considered in H.B. 31 (2016). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The Tax Commission section is removed since the Tax Commission is no longer involved in the determination of whether an applicant qualifies for the enterprise zone credit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact--Potential revenue impact addressed in H.B. 31 (2016). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40418.htm MOTOR VEHICLE No. 40419 (Amendment): R873-22M-34. Rule for Denial of Personalized Plate Requests Pursuant to Utah Code Ann. Sections 41-1a-104 and 41-1a-411. SUMMARY OF THE RULE OR CHANGE: The proposed amendment recognizes the exception to the section's prohibition on "69" format license plates that was enacted by H.B. 156 (2016). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Any revenue impacts were considered in H.B. 156 (2016). - LOCAL GOVERNMENTS: None--Any revenue impacts were considered in H.B. 156 (2016). - SMALL BUSINESSES: None--Any revenue impacts were considered in H.B. 156 (2016). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any revenue impacts were considered in H.B. 156 (2016). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed section recognizes that H.B. 156 (2016) allows use of the "69" format in personalized license in situations beyond those currently in the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact--Potential revenue impacts are addressed in H.B. 156 (2016). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40419.htm MOTOR VEHICLE ENFORCEMENT No. 40420 (Amendment): R877-23V-20. Reasonable Cause to Deny, Suspend, or Revoke a License Issued Under Title 41, Chapter 3 Pursuant to Utah Code Ann. Section 41-3-209. SUMMARY OF THE RULE OR CHANGE: The proposed amendment expands the section to apply to licensees, as well as license applicants and clarifies that the Motor Vehicle Enforcement Division bears the burden of rebutting the presumption that this rule sets forth. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The proposed amendment clarifies the commission’s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3. - LOCAL GOVERNMENTS: None--The proposed amendment clarifies the commission’s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3. - SMALL BUSINESSES: None--The proposed amendment clarifies the commission’s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The proposed amendment clarifies the commission’s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment clarifies the commission’s interpretation of reasonable cause to deny, suspend, or revoke a license issued under Title 41, Chapter 3. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact--The section only addresses the Commission's interpretation of certain Motor Vehicle Enforcement Division statutes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rebecca Rockwell by phone at 801-297-3906, or by Internet E-mail at rrockwell@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40420.htm PROPERTY TAX No. 40421 (Amendment): R884-24P-10. Taxation of Underground Rights in Land That Contains Deposits of Oil or Gas Pursuant to Utah Code Ann. Sections 59- 2-201 and 59-2-210. SUMMARY OF THE RULE OR CHANGE: The proposed amendment codifies long-standing practice by replacing the phrase "will shall not" with "may not". This corrects an error in the rule that had been sent to the Office of Administrative Rules (OAR) when the phrase "will not be allowed", which was intended to read "shall not be included", was inadvertently sent to OAR as "will shall not be included". Finally, the proposed amendment makes technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Property tax revenues are local revenues. - LOCAL GOVERNMENTS: None--The proposed amendment is nonsubstantive in nature. - SMALL BUSINESSES: None--The proposed amendment is nonsubstantive in nature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The proposed amendment is nonsubstantive in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed amendment corrects an error in the rule. This correction matches the long-standing practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact--This is a nonsubstantive technical amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40421.htm 2. 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. TRANSPORTATION PROGRAM DEVELOPMENT No. 40409 (Emergency Rule): R926-14. Utah Scenic Byway Program Administration; Scenic Byways Designation, De-designation, and Segmentation Processes. SUMMARY OF THE RULE OR CHANGE: The amended Section 72-4-303 allows owners of property situated adjacent to a state scenic byway, National Scenic Byway, or All-American Road to submit a request to Utah State Scenic Byway Committee that their property be segmented from the designated scenic byway, National Scenic Byway, or All-American Road, if the property owner believes the property is within a non-scenic area as defined by Section 72-4-303. The amendment to the rule sets forth the process for the Scenic Byway Committee to follow when determining if segmentation requests should be granted, and an appeal process for property owners to follow when their requests are denied. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: H.B. 232 was signed by the Governor on 03/22/2016 and became effective on 05/10/2016. Regular rulemaking procedures will take longer than the time the Department has before the bill takes effect, thus placing the Department in violation of Utah Code Section 72-4-303 as of 05/10/2016. This 120-day emergency rule will prevent the Department from violating the statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department anticipates that this amendment will result in additional costs to the state. The H.B. 232 amendment to Utah Code Section 72-4-303 requires the Office of Tourism, Film, and Global Branding within the Governor's Office of Economic Development (GOED), acting as Chair of the Scenic Byway Committee, to cover the costs of engaging the services of private adjudicative law judges. The fiscal note attached to H.B. 232 states, "To the extent that requests for segmentation are denied by the Utah State Scenic Byway Committee and the owner of real property appeals, this bill could cost approximately $5,000 per instance from the General Fund for the committee to hire an administrative law judge." Therefore, GOED will face additional costs. - LOCAL GOVERNMENTS: The Department anticipates that this amendment will not result in additional costs to local governments. Section 72-4-303 requires the legislative bodies of the local governments where a requested segmentation is to occur to get involved in reviewing segmentation requests when they are filed. However, GOED (Scenic Byway Committee) is required to cover the costs of engaging the services of private adjudicative law judges, not local governments. - SMALL BUSINESSES: This amendment may result in additional costs to small businesses, but the Department does not possess sufficient information to conclude that it will at this time. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment may result in additional costs to persons other than small businesses, businesses, or local government entities, but the Department does not possess sufficient information to conclude that it will at this time. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment may result in compliance costs for affected persons, but the Department does not possess sufficient information to conclude that it will or what those costs might be at this time. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Legislature has changed the state law that governs how owners of private property situated adjacent to state designated scenic byways, National Scenic Byways, and All-American Roads may seek segmentation of their property if it is within a non-scenic area. This amendment to Rule R926-14 sets forth procedures that property owners will follow to request segmentation and the Department will follow to apply the legislature's new requirements. I do not believe this amendment itself will have a fiscal impact on businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov EFFECTIVE: 05/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40409.htm 3. 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. EDUCATION ADMINISTRATION No. 40428 (5-year Review): R277-707. Enhancement for Accelerated Students Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-707 continues to be necessary because it provides procedures for distributing funds appropriated under Section 53A-17a-165 to local education agencies. 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: 05/16/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40428.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 40422 (5-year Review): R307-210. Stationary Sources. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Environmental Protection Agency (EPA) has delegated the authority to "develop and submit" procedures for "implementing and enforcing standards of performance for new sources" in Utah to the state under 42 U.S.C. 7411(c). Rule R307-210 is a part of those procedures. The Division believes it is in Utah's best interest to remain in control of implementing and enforcing standards of performance for new sources rather than giving that authority to the federal government. Therefore, Rule R307-210 should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov EFFECTIVE: 05/12/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40422.htm HERITAGE AND ARTS HISTORY No. 40406 (5-year Review): R455-3. Memberships, Sales, Gifts, Bequests, Endowments. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Hundreds annually review or establish memberships. The society continues to need a method to handle memberships, sales, gifts, and endowments. Prices for the sale of historical magazines, books published by the division, microfilm, photos, and other published documents need to be established by the director, in consultation with the board. The society is authorized to receive gifts, grants, donations, bequests, devises, and endowments of money or property. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov EFFECTIVE: 05/05/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40406.htm No. 40405 (5-year Review): R455-4. Ancient Human Remains. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R455-4 is justified as Section 9-8-309 defines the Antiquities Section as the agency responsible for ancient human remains found on nonfederal lands that are not state lands in Utah. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov EFFECTIVE: 05/05/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40405.htm No. 40410 (5-year Review): R455-8. Preservation Easements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Though the Division rarely accepts easements, there are instances (usually involving high-profile, publicly-owned properties) when it is helpful to all parties concerned, including the state, for the Division to accept easements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov EFFECTIVE: 05/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40410.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 40400 (5-year Review): R994-302. Employer Contribution Payments. 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 essential to explain to employers when and how to make the required contribution payments. It also requires an employer to notify the Department of certain changes, like death of an owner, and any receivership proceedings. The rule allows for extensions in some circumstances and adjustments or refunds in the event of an overpayment. The rule is essential to explain the process for filing contributions. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov EFFECTIVE: 05/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40400.htm No. 40401 (5-year Review): R994-308. Bond Requirement. 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 explains to employers when a bond will be required. The rule provides examples of when the department will require bonds or has required bonds in the past. The rule is necessary to explain to employers that a bond will be required if they fail to pay contributions or if they are in an industry where the rate of past failures to comply is high. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov EFFECTIVE: 05/03/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40401.htm 4. NOTICES OF LEGISLATIVE NONREAUTHORIZATION Section 63G-3-502 provides that "every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature." To do this, the Legislature's Administrative Rules Review Committee prepares omnibus legislation each year. As part of this legislation, the Legislature may elect not to reauthorize a rule or a part of a rule down to the complete paragraph level. When this occurs, the Division of Administrative Rules files a Notice of Legislative Nonreauthorization to document the Legislature's action and removes the rule or part of a rule from the Utah Administrative Code. The list below represents administrative rules that the Legislature has elected not to reauthorize. Legislative nonreauthorization of administrative rules is governed by Section 63G-3-502. ENVIRONMENTAL QUALITY AIR QUALITY No. 40408 (Legislative Nonreauthorization): R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters. SUMMARY: This rule was not reauthorized by the Legislature during the 2016 General Session under S.B. 88. It will be removed from the Utah Administrative Code as of 05/10/2016. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 05/10/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160601/40408.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. CORRECTIONS ADMINISTRATION No. 40039 (AMD): R251-109.Sex Offender Treatment Providers Published: 01/15/2016 Effective: 05/04/2016 CRIME VICTIM REPARATIONS ADMINISTRATION No. 40177 (AMD): R270-1-17.Prescription or Over-the-Counter Medications Published: 02/15/2016 Effective: 05/13/2016 ENVIRONMENTAL QUALITY AIR QUALITY No. 39848 (CPR): R307-801.Utah Asbestos Rule Published: 03/01/2016 Effective: 05/05/2016 No. 39848 (AMD): R307-801.Utah Asbestos Rule Published: 11/01/2015 Effective: 05/05/2016 No. 40207 (AMD): R307-841-8.Renovator Certification and Dust Sampling Technician Certification Published: 03/01/2016 Effective: 05/05/2016 WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 39991 (CPR): R313-22.Specific Licenses Published: 04/01/2016 Effective: 05/09/2016 No. 39991 (AMD): R313-22.Specific Licenses Published: 01/01/2016 Effective: 05/09/2016 GOVERNOR ECONOMIC DEVELOPMENT No. 40028 (R&R): R357-7.Utah Capital Investment Board Published: 01/15/2016 Effective: 05/16/2016 No. 40028 (CPR): R357-7.Utah Capital Investment Board Published: 04/01/2016 Effective: 05/16/2016 HEALTH FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 40243 (AMD): R432-550.Birthing Centers Published: 04/01/2016 Effective: 05/16/2016 HUMAN SERVICES ADMINISTRATION No. 40264 (NEW): R495-885.Employee Background Screenings Published: 04/01/2016 Effective: 05/11/2016 CHILD AND FAMILY SERVICES No. 40255 (R&R): R512-40.Adoptive Home Studies, Recruitment, Approval Published: 04/01/2016 Effective: 05/09/2016 No. 40256 (AMD): R512-41.Qualifying Adoptive Families and Adoption Placement Published: 04/01/2016 Effective: 05/09/2016 No. 40257 (AMD): R512-43.Adoption Assistance Published: 04/01/2016 Effective: 05/09/2016 No. 40258 (AMD): R512-44.Choose Life Adoption Support Restricted Account Published: 04/01/2016 Effective: 05/09/2016 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40241 (AMD): R986-200-240.Additional Payments Available Under Certain Circumstances Published: 03/15/2016 Effective: 05/03/2016 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 . <> ----------------------------