---------------------------- Utah State Digest, Vol. 2016, No. 12 (June 15, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed May 17, 2016, 12:00 AM through June 1, 2016, 11:59 PM Volume 2016, No. 12 June 15, 2016 Prepared by Office 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 Office 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 July 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/2016/20160615/sn157561.htm Pediatric Dental Fee and Adult Dental Services - 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/2016/20160615/sn157577.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. Wildland Fire Management, Utah Exec. Order No. 2016-4 - 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/ExecDoc157571.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 May 17, 2016, 12:00 a.m., and June 1, 2016, 11:59 p.m. are summarized in this, the June 15, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 15, 2016, issue of the Utah State Bulletin until at least July 15, 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 October 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 FACILITIES CONSTRUCTION AND MANAGEMENT No. 40441 (Amendment): R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: The changes in this rule outline the requirements of contractors and subcontractors, that do work for the State of Utah to carry health insurance for their employees. (Editor's Note: A corresponding 120-day (emergency) rule for Rule R23-23 that is effective as of 05/23/2016 is under Filing No. 40440 in this issue, June 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to the state budget as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon budget and not this rule. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government budget. The changes to the rule do not affect local government. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected to small businesses as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon budget and not this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon budget and not this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon costs and not this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that are expected as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines any fiscal impacts and not this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40441.htm CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 40458 (Amendment): R131-2. Capitol Hill Complex Facility Use. SUMMARY OF THE RULE OR CHANGE: The changes are concurrent with S.B. 221 of the 2016 General Session and include parking and alcohol restrictions for the Capitol Hill Complex. (Editor's Note: A corresponding 120-day (emergency) rule for Rule R131-2 that is effective as of 05/19/2016 is under Filing No. 40437 in this issue, June 15, 2016, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget that are expected as a result of this amendment. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to the local government that are expected as a result of this amendment. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses that are expected as a result of this amendment. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government that are expected as a result of this amendment. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs that are expected as a result of this amendment. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts on businesses as a result of this amendment. The changes to this rule only incorporate the changes in statute, which are already in effect. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40458.htm GOVERNOR ECONOMIC DEVELOPMENT No. 40462 (Repeal and Reenact): R357-1. Rural Fast Track Program. SUMMARY OF THE RULE OR CHANGE: The rule now provides for: 1) new and more clear definitions that the old rule did not contain; 2) content of the application; 3) the application and approval procedure; 4) the containing and verifying of employees when receiving grants for job creation; 5) general requirements and criteria for grants, loans, and other financial assistance pursuant to Subsection 63N-3-104(5); and 6) the verification process and requirements of applicant in that process. The old rule did not contain any of these new additions and contained simply language repeated from statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state because this rule impacts funds granted to the agency in a restricted account. There could be unexpected savings to that account due to a more precise qualification criteria. - LOCAL GOVERNMENTS: There are no cost or savings to a local government because they cannot apply for this grant program. - SMALL BUSINESSES: Small businesses that are seeking to participate in this program may incur nominal costs associated with application and compliance requirements. Otherwise, there are no costs or savings to small businesses generally. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no other persons affected by this rule because only small businesses in rural Utah can participate in the grant program. COMPLIANCE COSTS FOR AFFECTED PERSONS: The cost are only nominal costs associated with application and compliance requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts except for nominal costs associated with application and compliance requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40462.htm No. 40460 (Repeal and Reenact): R357-5. Motion Picture Incentive Fund. SUMMARY OF THE RULE OR CHANGE: The rule has been changed to: 1) provide clarification on definitions relevant to the incentive program; 2) delineate the Motion Picture Incentive applications: Procedures and Minimum Requirements for a Motion Picture Company; 3) add film categories and conditions; and 4) disburse incentive awards. This is different from the current rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state associated with this rule because the amount of new incentive allocation is fixed every year, and this rule does not create a process or procedures that will create a cost or savings. - LOCAL GOVERNMENTS: There will be no cost or savings to any local government because they cannot apply for the incentive and there are no processes or procedures that would create a cost or savings. - SMALL BUSINESSES: Small film businesses will be impacted by this rule because it creates the process to apply and the criteria for an incentive. There is no anticipated cost or savings to those small businesses outside of costs related to applying and complying with the rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no other entities that will be affected by this rule because only film production companies and digital media companies can apply for this tax credit, and the rule outlines criteria for applying. It does not create any new regulation for other persons or production companies. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs for affected persons is minimal and should be easily absorbed in already existing costs. The cost cannot be estimated because the cost will strictly be a cost associated with the time it takes to collect the requisite documents for the application and requirements outlined in the rule. Each recipient will have varying levels of expertise, and each award varies in size, scope, and requirements pursuant to statute and this proposed rule's criteria. Thus, times and subsequent costs will vary. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The only cost and impact should be to those who apply and receive the incentive in terms of costs for applying and compliance, which should be small. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40460.htm No. 40461 (New Rule): R357-15. Enterprise Zone Tax Credit. SUMMARY OF THE RULE OR CHANGE: This rule creates the form and content of an application for an Enterprise Zone tax credit, the documentation required to receive an Enterprise Zone tax credit, and the administration of the program including relevant compliance for each type of tax credit offered in an Enterprise Zone. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost to the state and potential savings because this new application and approval process will prevent overall misuse of incorrectly claimed Enterprise Zone Tax Credits. The savings are not quantifiable at this time because we do not have any data regarding who claimed the tax credits in the past and how likely an application process vs. a "check-the-box" on the Utah tax forms will deter potential applicants from applying. Furthermore, we do not know how much of the tax credits claimed in the past were done erroneously. The lack of this information prevents the agency from being able to quantify an amount of potential savings. - LOCAL GOVERNMENTS: This rule does not impact local governments because they cannot receive or claim tax credits. - SMALL BUSINESSES: This rule will impact the businesses that apply for a tax credit because they will need to provide various forms and documentation in order to apply and be awarded a tax credit. The cost cannot be estimated because the cost will strictly be a cost associated with the time it takes to collect the requisite documents for the application and requirements outlined in the rule. There are several different tax credits covered by this rule and relevant sections of the Utah Code. Thus, times and subsequent costs will vary. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other individuals may be impacted that claimed the tax credit in the past because this rule now creates an application process to claim the tax credits that did not exist before. It will not create new costs beyond those associated with the time it takes for applying and any compliance once awarded a tax credit. The cost cannot be estimated because the cost will strictly be a cost associated with the time it takes to collect the requisite documents for the application and requirements outlined in the rule. There are several different tax credits covered by this rule and relevant sections of the Utah Code. Thus, times and subsequent costs will vary. COMPLIANCE COSTS FOR AFFECTED PERSONS: All those affected will not have costs beyond those associated with applying and compliance once awarded a tax credit. The cost cannot be estimated because the cost will strictly be a cost associated with the time it takes to collect the requisite documents for the application and requirements outlined in the rule. There are several different tax credits covered by this rule and relevant sections of the Utah Code. Thus, times and subsequent costs will vary. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts or costs beyond those associated with applying and compliance once awarded a tax credit. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40461.htm No. 40459 (New Rule): R357-17. Air Quality Incentive. SUMMARY OF THE RULE OR CHANGE: This rule specifies the parameters for the air quality incentive created by S.B. 186 (2016). More specifically, it establishes the form of the application and its content; the criteria for qualifying for a grant; requirements for documentation and verification of information; and conditions precedent to a grant disbursement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule does not create any cost or savings to the state budget. The grant is funded out of the Industrial Assistance Account, which is a restricted account, and grants are only given if funds are available. The rule does not change the account's process, and no other revenue source is attached to the grants. - LOCAL GOVERNMENTS: This rule does not create any cost or savings to a local government because they are not allowed to receive a grant due to the statutory parameters. - SMALL BUSINESSES: This rule could create some costs to a grant recipient due to the collection and providing of documentation for the compliance requirements throughout. Any costs should be minimal and would not create any undue burden on the business in relation to the overall gain in the amount of the grant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no other persons that would be impacted by this rule because only business may receive a grant. COMPLIANCE COSTS FOR AFFECTED PERSONS: The only compliance costs for an affected person would be those incurred by applying for the grant and providing the requisite documentation and permits already required by federal and state laws. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be minimal compliance costs only for those receiving the grant, and no other businesses generally will be impacted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40459.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 40442 (Amendment): R392-400. Temporary Mass Gatherings Sanitation. SUMMARY OF THE RULE OR CHANGE: Citations to authorizing statutes now include Sections 26-1-5 and 26-1-30. The definition of a temporary mass gathering is changed to be 1,000 people for 2 hours or more per day. The definitions for "operator" and "wastewater" are clarified. Changes are made to accommodate the change from 500 to 1,000 people. Temporary mass gathering limits are changed from 30 days to 16 consecutive days. Requirements for medical personnel are clarified and simplified. Information to be included in applications is updated. Requirements for how permitting by the local health departments is accomplished and a subsection pertaining to appeals are removed as such requirements fall outside the purview of Title 26 and are covered in Title 26a. Parking areas are now included as part of an event site, which would be required to be kept clean and in good repair. Changes are made to solid waste, site maintenance, drinking water, and waste water requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings at the state level. Any costs or savings will come out of existing budgets. - LOCAL GOVERNMENTS: There may be a loss of permit fees to local health departments or other municipal entities using this rule due to fewer permits needing to be issued. Any costs or savings will come out of existing budgets. There are no anticipated costs or savings for existing events currently in compliance with this rule. - SMALL BUSINESSES: There are no anticipated costs for existing events currently in compliance with this rule. There may be savings to businesses due to fewer permits being required, including permits for events across multiple health department jurisdictions. Permit costs may vary depending on the duration, type, and location of events but are likely no more than $500 each. The number of permits to not be issued cannot be calculated due to a lack of data. Due to this, a savings estimate cannot be calculated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs for existing events currently in compliance with this rule. There may be savings due to fewer permits being required, including permits for events across multiple health department jurisdictions. Permit costs may vary depending on the duration, type, and location of events but are likely no more than $500 each. The number of permits to not be issued cannot be calculated due to a lack of data. Due to this, a savings estimate cannot be calculated. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes may affect fun runs specifically. The change in definition of a temporary mass gathering may require fewer permits needing to be issued, resulting in a possible savings for those persons. There are no anticipated additional costs associated with these changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will be fiscally impacted in that fewer permits will be required for such events. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40442.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 40453 (Amendment): R432-2. General Licensing Provisions. SUMMARY OF THE RULE OR CHANGE: The rule amendment adds a section under requirements for a satellite services operation allowing for one satellite emergency department per licensed hospital. The changes also correct rule reference numbers in Sections R432-2-7, R432-2-8, R432-2-10, R432-2-12, and R432-2-18. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because there will be no change in current practice. - LOCAL GOVERNMENTS: There is no impact to the local government budget because there will be no change in current practice. - SMALL BUSINESSES: There is no impact to the small businesses' budgets because there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to the affected persons because there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the rule does not change, current actual practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40453.htm No. 40452 (Amendment): R432-104. Specialty Hospital - Long-Term Acute Care. SUMMARY OF THE RULE OR CHANGE: The rule amendment adds Subsection R432-104- 10(d) under Section R432-104-10 allowing for surgical services to be provided in house by the long term acute care hospital and requires them to comply with the hospital surgical services rule at Section R432-100-15. The changes also correct rule reference numbers in Sections R432-104-3, R432-104-8, R432- 104-10, R432-104-11, and R432-104-12. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because there will be no change in current practice. - LOCAL GOVERNMENTS: There is no impact to the local government budget because there will be no change in current practice. - SMALL BUSINESSES: There is no impact to the small businesses budget because there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to the affected persons because there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because there is no change to current practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40452.htm CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 40439 (Amendment): R436-13-1. Integrity of Vital Records. SUMMARY OF THE RULE OR CHANGE: Subsection R436-13-1(4) is added to establish factors that the custodian of vital records may consider when determining if a vital record should be disclosed to a genealogist requesting access to a record under Subsection 26-2-22 (3)(b). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated savings or anticipated costs to the state budget with this rule filing as it only establishes factors to be considered by the custodian of vital records when determining if a vital record should be disclosed to a genealogist. - LOCAL GOVERNMENTS: There are no anticipated savings or anticipated costs to local governments with this rule filing as it only establishes factors to be considered by the custodian of vital records when determining if a vital record should be disclosed to a genealogist. - SMALL BUSINESSES: There are no anticipated savings or anticipated costs to small businesses with this rule filing as it only establishes factors that may be considered by the custodian of vital records when determining if a vital record should be disclosed to a genealogist. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule filing establishes factors that the custodian of vital records may consider when determining if a vital record should be disclosed to a genealogist requesting access to a record under Subsection 26-2-22 (3)(b). Without these factors, the Utah Department of Health (UDOH) would possibly require that a genealogist obtain a court order specifying the record to be released before releasing it. With this rule filing, some genealogists will avoid the expense of having to obtain a court order. UDOH is unable to estimate the cost savings to genealogists. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule filing establishes factors that the custodian of vital records may consider when determining if a vital record should be disclosed to a genealogist requesting access to a record under Subsection 26-2-22 (3)(b). Without these factors, UDOH would possibly require that a genealogist obtain a court order specifying the record to be released before releasing it. With this rule filing, some genealogists will avoid the expense of having to obtain a court order. UDOH is unable to estimate the cost savings to genealogists. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule may have a slight positive fiscal impact on a small number of businesses that fall within the definition of genealogists who would no longer need to obtain a court order for release of the record. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40439.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40436 (Amendment): R512-60. Children's Account. SUMMARY OF THE RULE OR CHANGE: The proposed changes to this rule bring the rule in-line with statute changes from S.B. 82 (2016) by changing the name of the Child Abuse Advisory Council to the Child Welfare Improvement Council, along with minor technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs. - LOCAL GOVERNMENTS: Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - SMALL BUSINESSES: Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected fiscal impact for “persons other than small businesses, businesses, or local government entities” because funding requests for services offered by Child and Family Services come out of already-existing budgets. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing the changes to this rule because these changes are not fiscal in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no costs or savings on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40436.htm RECOVERY SERVICES No. 40435 (Amendment): R527-35. Non-IV-A Fee Schedule. SUMMARY OF THE RULE OR CHANGE: Subsection R527-35-1(1) is being updated to split the authority and purpose into two separate subsections. The legal reference to Section 62A-11-111 is being added to the authority section, as well as the language stating that the office is authorized to create rules necessary for the provision of social services. Subsection R527-35-1(2) is being updated to add the legal reference to Section 62A-11-104 and the language which states that the office is charged with the duty to utilize fees as one method to finance any costs incurred. In Section R527-35-2, the annual collection processing fee was added as the new subsection (1) and the old number (1) was renumbered to (2). In this same section, further down below the list of fees that have been established by the office, a typo is being fixed: the "a" in "jurisdiction" is deleted. Subsection R527-35-1(3) was updated to change the $5 fee, not to exceed $10 per month, to 6% of the payment amount each time a payment is processed, not to exceed $12. Three new references to Utah Code Annotated laws are being added to the Authorizing, and Implemented or Interpreted Law part of the citation block. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The number of cases receiving payments, the amount of the payments, and the status of being subject to the fee varies greatly, making it difficult to determine the exact affect on the state budget. This fee change has been discussed in the 2014, 2015, and 2016 General Sessions. Most recently, in 2016, the Social Services Appropriations Committee heard testimony about the fee and requested ORS to provide them with the figure which would come closest to having no affect on ORS's budget in either new revenue or lost revenue while providing clients with a percentage-based fee to assist those clients receiving very low support amounts. Based on analysis of the three most recent years of payments received and fees charged, the $12/month maximum had the least effect on ORS's budget, not causing a decrease in fee revenue based on previous years, but only providing a small increase; as a result, this amount was approved by the Committee as being satisfactorily "revenue-neutral". Implementing the new fee structure has required ORSIS programming, which has taken place within the existing ORS budget and staff over the past two years. In May 2016, ORS is sending approximately 89,500 notices to clients who could be affected by this change. At $0.47 for first-class mail, this will yield $42,065 in postage costs. - LOCAL GOVERNMENTS: Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment. - SMALL BUSINESSES: There are no anticipated costs for small business as a result of this rule. The payment processing fee is assessed only to those individuals applying for services with the office. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The new fee structure is based on a percentage of the payments received within a month, not to exceed a maximum amount; therefore, each individual will be affected in a different way, depending on the amount of each payment received and the number of payments received within a month. What is presented here is the range of possibilities. Early analysis (applying the new fee structure to prior years' payment histories) indicated that the fees paid would decrease for 11-12% of ORS clients based on the new structure. Decreases could be seen by clients who receive smaller child support payment amounts. (For example, a client who receives the $30 Utah minimum support amount would have previously paid $5 if that payment came in one lump sum each month; under the new structure, that client would pay $1.80.) For the other 88-89% of ORS clients based on the early analysis, it is expected that this will represent an increase in fees. The fee increase could be as small as $0.01; any payment over $83.50 would charge $5.01 in fees compared to the previous $5. The largest potential fee increase is $7 and occurs for any individual who previously received at least $200 in child support within a month in one lump sum payment per month; the previous fee would have been $5 to process one payment regardless of the amount, but the new fee would be the $12 maximum. ORS expects that the most common increase experienced will be $2, which represents the change from the previous $10 maximum to process two or more payments per month to the $12 maximum fee. COMPLIANCE COSTS FOR AFFECTED PERSONS: The new fee structure is based on a percentage of the payments received within a month, not to exceed a maximum amount; therefore, each individual will be affected in a different way, depending on the amount of each payment received and the number of payments received within a month. What is presented here is the range of possibilities. Early analysis (applying the new fee structure to prior years’ payment histories) indicated that the fees paid would decrease for 11- 12% of ORS clients based on the new structure. Decreases could be seen by clients who receive smaller child support payment amounts. (For example, a client who receives the $30.00 Utah minimum support amount would have previously paid $5 if that payment came in one lump sum each month; under the new structure, that client would pay $1.80.) For the other 88 - 89% of ORS clients based on the early analysis, it is expected that this will represent an increase in fees. The fee increase could be as small as $0.01; any payment over $83.50 would charge $5.01 in fees compared to the previous $5. The largest potential fee increase is $7 and occurs for any individual who previously received at least $200 in child support within a month in one lump sum payment per month; the previous fee would have been $5 to process one payment regardless of the amount, but the new fee would be the $12 maximum. ORS expects that the most common increase experienced will be $2, which represents the change from the previous $10.00 maximum to process two or more payments per month to the $12 maximum fee. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts to businesses as a result of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov - LeAnn Wilber by phone at 801-741-7516, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40435.htm INSURANCE ADMINISTRATION No. 40457 (Amendment): R590-160. Administrative Proceedings. SUMMARY OF THE RULE OR CHANGE: The rule change adds language that allows service and filing in administrative proceedings to be done electronically, rather than only by hard copy. It also sets forth the method for serving or filing electronically. In addition, Section R590-160-11, "Severability", is updated to current language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a savings to state budget. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email. - LOCAL GOVERNMENTS: There is no expected cost or savings to local governments because the rule governs administrative proceedings involving the state government. - SMALL BUSINESSES: Small businesses could see a savings if they routinely service and file administrative proceedings. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons or businesses that service and file administrative proceedings could see some savings. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. The rule change allows flexibility in service and filing of administrative proceedings but makes no new requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses that often perform service or filing of administrative proceedings may see some cost savings as a result of this rule change. It will have no impact on the majority of businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 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: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40457.htm NATURAL RESOURCES PARKS AND RECREATION No. 40447 (Amendment): R651-601. Definitions as Used in These Rules. SUMMARY OF THE RULE OR CHANGE: The Division of Parks and Recreation is addressing drone use with the state park system. A rule amendment is being made that will clarify the use of unmanned aircraft within state parks. Unmanned aircraft (including drones) use in Utah have skyrocketed over the past few years. People are looking for places to fly their unmanned aircraft and have found that state parks are good places to do this. For the most part, park managers consider the flight of unmanned aircraft in state parks as an opportunity to attract more visitors. They have created few management problems, but there are times when they have experienced user conflicts with other park visitors, wildlife disturbances, and general safety concerns. The rule requires that all state park visitors obtain written permission from the park manager prior to flying an unmanned aircraft. The park manager will then determine under what circumstances they will be allowed to fly, if any. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is minimal staff cost in issuing permits. The amount is unknown at this time because it is a new process and the agency does not know how many there will be. The time to issue a permit will take approximately five minutes. - LOCAL GOVERNMENTS: There is no affect to local government as this rule addresses unmanned aircraft within the state park system. - SMALL BUSINESSES: There is no affect to small businesses as this rule addresses unmanned aircraft within the state park system. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost to any other person as there is no fee attached to obtaining a permit. COMPLIANCE COSTS FOR AFFECTED PERSONS: The cost to these persons will be time to acquire the permit prior to using the unmanned aircraft. There is no fee attached to the permit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40447.htm No. 40448 (Amendment): R651-602. Aircraft and Powerless Flight. SUMMARY OF THE RULE OR CHANGE: The Division of Parks and Recreation is addressing drone use with the state park system. A rule amendment is being made that will clarify the use of unmanned aircraft within state parks. Unmanned aircraft (including drones) use in Utah have skyrocketed over the past few years. People are looking for places to fly their unmanned aircraft and have found that state parks are good places to do this. For the most part, park managers consider the flight of unmanned aircraft in state parks as an opportunity to attract more visitors. They have created few management problems, but there are times when they have experienced user conflicts with other park visitors, wildlife disturbances, and general safety concerns. The rule requires that all state park visitors obtain written permission from the park manager prior to flying an unmanned aircraft. The park manager will then determine under what circumstances they will be allowed to fly, if any. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is minimal staff cost in issuing permits. The amount is unknown at this time because it is a new process, and the agency does not know how many there will be. The time to issue a permit will take approximately five minutes. - LOCAL GOVERNMENTS: There is no affect to local government, as this rule addresses unmanned aircraft within the state park system. - SMALL BUSINESSES: There is no affect to small businesses, as this rule addresses unmanned aircraft within the state park system. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The cost to these persons will be time to acquire the permit prior to using the unmanned aircraft. There is no fee attached to the permit. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to affected persons because there is no fee attached to the permit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40448.htm No. 40445 (New Rule): R651-612. Veterans with Disabilities Honor Pass. SUMMARY OF THE RULE OR CHANGE: The rule governs the issuance of the Veterans with Disabilities Honor Pass to a qualified veteran. A qualified veteran means an honorably discharged veteran who is a resident of the State of Utah and has at least a 50% service related disability as evidenced by documentation from the United State Department of Veterans Affairs, an active component of the United States armed forces, or a reserve component of the United States armed forces. It is an annual pass and will allow a qualified veteran day-use entrance into the state parks free of charge, with the exception of This Is The Place State Park. The Honor Pass is valid only when in the possession of the qualified veteran to whom it was issued. It is non- transferable. It allows for up to seven guests traveling in the same private vehicle access with the veteran. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Parks and Recreation will realize some loss of revenue. It will be approximately $100,000 initially. There will also be the cost or printing the passes. This will be absorbed into the existing budget. The amount of $100,000 is based upon the percentage of qualified persons that are now purchasing annual passes. - LOCAL GOVERNMENTS: Local government is not affected because they will not be required to issue or honor the pass. - SMALL BUSINESSES: Small business is not affected because they will not be required to issue or honor the pass. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The pass will be free to qualified veterans, so there is no cost to persons other than small businesses. The savings to those qualified persons will be $75 annually. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Those affected will realize a savings annually of $75. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no impact on private business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40445.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 40449 (Amendment): R994-403-117e. Claimant's Responsibility. SUMMARY OF THE RULE OR CHANGE: The U.S. Supreme Court requires the Department to pay benefits "when due". To ensure benefits are paid timely, initial Department decisions must be made by the Friday of the week following the week the claim was filed. When the Department contacts claimants and employers for information, a quick response is needed. Employers and claimants are instructed to respond within 48 hours of a phone request and 5 days if the instruction is mailed. The Department is merely adding to rule what has been Department practice for decades. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program, and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program, and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employers contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40449.htm 4. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Division of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 40440 (Emergency Rule): R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: The changes in this rule outline the requirements of contractors and subcontractors, that do work for the State of Utah to carry health insurance for their employees. (Editor's Note: A corresponding proposed amendment to Rule R23-23 is under Filing No. 40441 in this issue, June 15, 2016, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: H.B. 282 (2016) is currently in effect, and this rule is out of compliance. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings that are expected to state budget as a result of this rule. The changes to this rule only incorporate the changes in the statute. The statute directly determines the affects upon budget, and not this rule. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government budget. The changes to the rule do not affect local government. - SMALL BUSINESSES: There are no anticipated costs or savings that are expected to small business as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon budget and not this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings that are expected as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the affects upon budget and not this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs that are expected as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines costs for affected persons and not this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that are expected as a result of this rule. The changes to this rule only incorporate the changes in statute. The statute directly determines the potential fiscal impact and not this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov EFFECTIVE: 05/23/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40440.htm CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 40437 (Emergency Rule): R131-2. Capitol Hill Complex Facility Use. SUMMARY OF THE RULE OR CHANGE: The changes are concurrent with S.B. 221 of the 2016 General Session and include parking and alcohol restrictions for the Capitol Hill Complex. (Editor's Note: A corresponding proposed amendment to Rule R131-2 is under Filing No. 40458 in this issue, June 15, 2016, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: This is to comply with S.B. 221 from the 2016 General Session, which is effective as of 05/10/2016. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget that are expected as a result of this rule. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to the local government budget that are expected as a result of this rule. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. - SMALL BUSINESSES: There are no anticipated costs or savings to small business that are expected as a result of this rule. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government that are expected as a result of this rule. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs that are expected as a result of this rule. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts on businesses as a result of this rule. The changes to this rule only incorporate the changes in statute, which are already in effect. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Allyson Gamble by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@utah.gov EFFECTIVE: 05/19/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40437.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. ENVIRONMENTAL QUALITY WATER QUALITY No. 40456 (5-year Review): R317-7. Underground Injection Control (UIC) Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is required to maintain state primacy for administering Utah's UIC Program. If Utah does not obtain and maintain primacy to enforce UIC rules at least equivalent to the federal rules, then the EPA will enforce the federal rules using direct implementation procedures. In promulgating the rule, the Water Quality Board made the determination that the UIC Program is best administered at the state level. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 05/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40456.htm HUMAN SERVICES ADMINISTRATION No. 40455 (5-year Review): R495-876. Provider Code of Conduct. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Providers shall not abuse, neglect, exploit, or maltreat clients in any way, whether through acts or omissions or by failing to deter others for acting. This rule clarifies the provider code of conduct and protects DHS clients from abuse, neglect, maltreatment, and exploitation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 05/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40455.htm No. 40454 (5-year Review): R495-880. Adoption Assistance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is required that each region of the Division of Child and Family Services have an adoption advisory committee to review and make recommendations on individual requests for supplemental adoption assistance. This rule designates who is on the committee within each region. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 05/31/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40454.htm LABOR COMMISSION ADMINISTRATION No. 40450 (5-year Review): R600-3. Definitions Applicable to Construction Licensees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Labor Commission continues to handle unpaid wages, occupational safety and health, discrimination, and workers' compensation claims. In each type of case, the relationship between an employee and employer is a determining factor. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jaceson Maughan by phone at 801-530-6036, by FAX at 801-530-6390, or by Internet E-mail at jacesonmaughan@utah.gov EFFECTIVE: 05/27/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20160615/40450.htm 6. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Division of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES RISK MANAGEMENT No. 40282 (AMD): R37-4.Adjusted Utah Governmental Immunity Act Limitations on Judgments Published: 04/15/2016 Effective: 06/01/2016 COMMERCE REAL ESTATE No. 40276 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 04/15/2016 Effective: 05/31/2016 EDUCATION ADMINISTRATION No. 40288 (REP): R277-478.Block Grant Funding Published: 04/15/2016 Effective: 05/23/2016 No. 40289 (AMD): R277-482.Charter School Timelines and Approval Processes Published: 04/15/2016 Effective: 05/23/2016 No. 40290 (AMD): R277-505.Administrative License Areas of Concentration and Programs Published: 04/15/2016 Effective: 05/23/2016 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 40254 (AMD): R392-100.Food Service Sanitation Published: 04/01/2016 Effective: 05/23/2016 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40244 (AMD): R414-307-3.General Requirements for Home and Community- Based Services Waivers Published: 04/01/2016 Effective: 05/20/2016 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 40283 (AMD): R426-5.Emergency Medical Services Training and Certification Standards Published: 04/15/2016 Effective: 05/31/2016 FAMILY HEALTH AND PREPAREDNESS, PRIMARY CARE AND RURAL HEALTH No. 40245 (AMD): R434-40-11.Loan Repayment Grant Eligibility and Selection Published: 04/01/2016 Effective: 06/01/2016 HERITAGE AND ARTS ARTS AND MUSEUMS No. 40103 (NEW): R451-3.Arts and Culture Business Alliance General Program Rules Published: 02/01/2016 Effective: 05/26/2016 INSURANCE ADMINISTRATION No. 40273 (AMD): R590-262.Health Data Authority Health Insurance Claims Reporting Published: 04/15/2016 Effective: 05/23/2016 No. 40275 (AMD): R590-266.Utah Essential Health Benefits Package Published: 04/15/2016 Effective: 05/23/2016 SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 40291 (AMD): R850-90-200.Exchange Criteria Published: 04/15/2016 Effective: 05/24/2016 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 . <> ----------------------------