---------------------------- Utah State Digest, Vol. 2016, No. 19 (October 1, 2016) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed September 2, 2016, 12:00 AM through September 15, 2016, 11:59 PM Volume 2016, No. 19 October 1, 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: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. 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. ************************************************ Office 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. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 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 September 2, 2016, 12:00 a.m., and September 15, 2016, 11:59 p.m. are summarized in this, the October 1, 2016, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the October 1, 2016, issue of the Utah State Bulletin until at least October 31, 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 January 29, 2017, the agency may notify the Office 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 Office 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 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40763 (Amendment): R156-3a. Architect Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-3a-102(2), changes are made replacing the term "IDP (Intern Development Program) Committee" with "Architect Licensing Advisory". Changes are also made to Subsections R156- 3a-102(6)(d) and (f) to modify the code reference to Title 15A, State Construction and Fire Codes Act. Subsection R156-3a-102(7) replaces the term "Intern Development Program" with "Architect Experience Program" and replaces the acronym "IDP" with "AXP". Subsection R156-3a-102(10)(b) replaces "Intern Development Program" with "Architect Experience Program". In Section R156-3a- 201, changes made include replacing the terms "IDP Committee" and "IDP Coordinator" with "Architect Licensing Advisor" and replacing "IDP" with "AXP" where appropriate. In Section R156-3a-302, changes are made to replace the "IDP" reference with "AXP". In Section R156- 3a-502, changes in this section update the NCARB Rules of Conduct to the 2014-2015 edition. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Once the proposed amendments are made effective, the Division will incur minimal costs of approximately $75 to reprint the rule. Otherwise, the proposed amendments will have no additional impact on the budget. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: Although it is unknown by the Division how many licensed architects are employed by local governments, the proposed amendments in terminology is expected to have a negligible impact on local government budgets as all proposed changes made to the rule will only require minor formatting changes to existing media. These will vary depending on each local government, and as a result, any costs or savings to a local government cannot be estimated by the Division. - SMALL BUSINESSES: While it is unknown by the Division how many licensed architects are employed by or operate small businesses, it is anticipated the proposed amendments will have a negligible impact on small business budgets as all proposed changes made to the rule will only require minor formatting changes to existing media. These will vary from business to business, so any cost or savings cannot be estimated by the Division. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments solely apply to licensed architects and those seeking licensure as an architect. As such, the proposed amendments are expected to have a negligible impact, if any. The incorporation of change nomenclature to identify the required program will only require minor formatting changes to existing media which will vary from person to person and any potential cost or savings associated with the proposed amendments cannot be estimated by the Division. It is noted that the updated NCARB Rules of Conduct can be found for free on the NCARB website. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments do not modify any of the current requirements necessary for licensure. The proposed amendments merely update the nomenclature used to identify the required program of diversified practical experience. Therefore, the Division anticipates that there will be no added compliance costs for affected persons beyond the current requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments merely exchange new titles and terminology for titles and terminology that have been made out of date by the National Council of Architectural Registration Boards (NCARB). A negligible 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 10/31/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/12/2016 01:30 PM, Heber Wells Bldg, 160 East 300 South, Conference Room 475, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40763.htm No. 40762 (Amendment): R156-55b-302c. Qualifications for Licensure - Examination Requirements. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-55b-302c(2), language is added allowing apprentice electricians who have completed the apprentice education program set forth in Section R156-55b-302a, and not less than 6,000 hours of the experience required under Section R156-55b-302b, to sit for the journeyman examinations. Likewise, this change will allow apprentice electricians who have completed the apprentice education program set forth in Section R156-55b-302a, and not less than 3,000 hours of the experience required under Section R156-55b-302b, to sit for the residential journeyman examinations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to reprint 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 apply to local governments. The proposed amendments only apply to applicants seeking licensure as a journeyman electrician or residential journeyman electrician. - SMALL BUSINESSES: The proposed amendments may apply to small business. The apprentice electrician that previously had to wait until all of the education and experience requirements were met in order to sit for the appropriate exams will now have the ability to sit for the exams after completing the education requirement and a majority of the required experience hours. It is anticipated that allowing applicants to sit for the examinations as proposed will improve the opportunity for licensure progression, promote industry growth, and encourage corresponding wage increases as the licensee becomes more serviceable to current and potential employers. The aggregate impact cannot be estimated as it will vary depending on the experience and aptitude of the apprentice electrician. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments will only affect apprentice electricians who have completed the apprentice education program set forth in Section R156-55b-302a. It is expected that allowing applicants to sit for the examinations as proposed should have a similar impact for applicable large business. The aggregate impact cannot be estimated as it will vary depending on the experience and aptitude of the apprentice electrician. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division anticipates the amendment will impact apprentice electricians who have met the education and experience requirements of this proposal and seek licensure as a journeyman electrician or residential journeyman electrician. In addition to promoting the timely progression of licensure, it is expected that this amendment will assist adequately prepared applicants with passing the required licensure examinations. Similarly, an applicant should experience a cost savings, from fewer failed attempts and subsequent, necessary retakes. However, the Division is not able to estimate the individual impact as it will vary depending on the experience and aptitude of the apprentice electrician. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amended rule permits apprentice electricians to sit for the journeyman examination and the residential journeyman examination at an earlier date. The amended rule will likely result in a cost savings to apprentice electricians. An indeterminate cost increase could be experienced by small business if the earlier taking of the examinations results in wage increases for apprentices who demonstrate that they are more serviceable to current and potential employers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/20/2016 09:00 AM, Heber Wells Bldg, 160 East 300 South, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40762.htm No. 40764 (Amendment): R156-76-502. Unprofessional Conduct. SUMMARY OF THE RULE OR CHANGE: In Section R156-76-502, reference to the "American Geological Institute's Guidelines for Ethical Professional Conduct", 04/02/1999, is removed in Subsection R156-76-502(4) and replaced with Section R156-76-16, Code of Ethics, as contained in the 2011 edition of the "National Association of State Boards of Geology (ASBOG) Model Rules and Regulations", which is incorporated by reference. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to reprint 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: As it is unknown how many licensed, professional geologists are employed by local government, the proposed amendment may have an impact. This update in ethical standards is expected to have a negligible impact on local government budgets as it will only require small formatting changes to existing media. These will vary depending on local government, so the cost or savings cannot be estimated by the Division. - SMALL BUSINESSES: Though it is unknown how many licensed, professional geologists are employed by small business, the update in ethical standards is expected to have a negligible impact on budgets as it will only require small formatting changes to existing media. These will vary from business to business, so any cost or savings cannot be estimated by the Division. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment solely applies to licensed professional geologists. The costs or savings associated with this amendment cannot be estimated as the formatting changes, if any, will vary from person to person. There will be no cost to obtain the updated code of ethics document as it is available for free on the ASBOG website. COMPLIANCE COSTS FOR AFFECTED PERSONS: Licensed professional geologists are required to conform to nationally recognized standards and ethics of the profession. Therefore, the Division anticipates that any associated costs will be negligible. Also, there will be no cost to obtain the updated code of ethics document as it is available for free on the ASBOG website. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amended rule merely substitutes the name of the 2011 edition of the "Model Rules and Regulations" for the former 1999 edition. A negligible 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 10/31/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/13/2016 10:00 AM, Heber Wells Bldg, 160 East 300 South, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40764.htm EDUCATION ADMINISTRATION No. 40788 (Amendment): R277-109. Legislative Reporting and Accountability. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-109 provide technical and conforming changes, which includes renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments provide technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40788.htm No. 40789 (Amendment): R277-116. Audit Procedure. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-116 provide two new authorizing statutes that: 1) give the Board authority to audit the use of state funds; and 2) allow the Board to contract with a local education agency (LEA) or other education entity to provide internal audit services to the LEA if approved by the audit committee. Minor technical and conforming changes are also provided, including renumbering as appropriate. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule provide authorizing statutes and technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule provide authorizing statutes and technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments to this rule provide authorizing statutes and technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule provide authorizing statutes and technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule provide authorizing statutes and technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40789.htm No. 40790 (New Rule): R277-513. Teacher Leader. SUMMARY OF THE RULE OR CHANGE: The new rule provides: 1) minimum criteria for a teacher leader; 2) the roles of a teacher leader; and 3) teacher leader compensation and accommodations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-513 provides minimum criteria and standards for a teacher leader, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: There could be some costs to a local education agency (LEA) if an LEA chooses to provide compensation and accommodations to a teacher leader. Costs are speculative and would likely be absorbed within existing budgets. - SMALL BUSINESSES: This new Rule R277-513 provides minimum criteria and standards for a teacher leader, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A teacher leader may realize a salary increase if an LEA chooses to provide compensation to a teacher leader. Compensation costs are speculative as LEA pay scales vary widely, and some LEAs may choose not to provide compensation to its teacher leaders. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-513 provides minimum criteria and standards for a teacher leader, 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 as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40790.htm No. 40791 (Amendment): R277-600. Student Transportation Standards and Procedures. SUMMARY OF THE RULE OR CHANGE: A new Section R277-600-12, Grants for Unsafe Routes, provides processes for a school district to apply for and receive a grant for identifying and reducing unsafe routes. Numerous technical and conforming changes are also made throughout the rule, including renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule will result in some costs to the state budget for administration of the new grant program. Any costs will be absorbed within existing budgets. - LOCAL GOVERNMENTS: The amendments to this rule will likely not result in a cost or savings to local government. The new grant program is funded by the Legislature. - SMALL BUSINESSES: The amendments to this rule will likely not result in a cost or savings to small businesses. The new grant program is funded by the Legislature and applies to public education. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The new grant program is funded by the Legislature. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule will likely not result in any compliance costs for affected persons. The new grant program is funded by the Legislature. 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 as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40791.htm No. 40792 (Amendment): R277-603. Autism Awareness Restricted Account Distribution. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-603 provide technical and conforming changes, which includes renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments provide technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40792.htm No. 40793 (Amendment): R277-611. Certified Volunteer Instructors and Material Approval Requirements and Process for Firearm Safety in the Public Schools. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-611 provide procedures for a local school board or charter school governing board that chooses to participate in the Firearm Safety and Violence Prevention Pilot Program, and removes unnecessary language from the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide procedures that allow for participation in a pilot program, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide procedures that allow for participation in a pilot program, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide procedures that allow for participation in a pilot program, 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 provide procedures that allow for participation in a pilot program, 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 provide procedures that allow for participation in a pilot program, 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 as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40793.htm No. 40794 (Amendment): R277-708. Enhancement for At-Risk Students Program. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-708 provide strengthened program enforcement and auditing provisions and technical and conforming changes, which includes renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40794.htm No. 40795 (New Rule): R277-715. Out-of-School Time Program Standards. SUMMARY OF THE RULE OR CHANGE: This new Rule R277-715 provides terms, standards, procedures, and requirements for high-quality out-of-school time programs offered by a school district, charter school, private provider (including a non-profit provider), or municipality. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-715 provides standards and procedures for high-quality out-of-school time programs, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-715 provides standards and procedures for high-quality out-of-school time programs, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-715 provides standards and procedures for high-quality out-of-school time programs, 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 R277-715 provides standards and procedures for high- quality out-of-school time programs, 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 R277-715 provides standards and procedures for high-quality out-of-school time programs, 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 as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40795.htm No. 40796 (Amendment): R277-914. Career and Technical Student Organizations. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-914 provide technical and conforming changes, which includes renumbering. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments provide technical and conforming changes, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40796.htm REHABILITATION No. 40797 (Repeal): R280-150. Adjudicative Proceedings Under the Vocational Rehabilitation Act. SUMMARY OF THE RULE OR CHANGE: Rule R280-150 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R280-150 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R280-150 is repealed in its entirety, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40797.htm No. 40798 (Repeal): R280-200. Rehabilitation. SUMMARY OF THE RULE OR CHANGE: Rule R280-200 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R280-200 is repealed in its entirety, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R280-200 is repealed in its entirety, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R280-200 is repealed in its entirety, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R280-200 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R280-200 is repealed in its entirety, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40798.htm No. 40799 (Repeal): R280-202. USOR Procedure for Individuals with the Most Significant Disabilities. SUMMARY OF THE RULE OR CHANGE: Rule R280-202 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R280-202 is repealed in its entirety, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R280-202 is repealed in its entirety, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R280-202 is repealed in its entirety, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R280-202 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R280-202 is repealed in its entirety, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40799.htm No. 40800 (Repeal): R280-203. Certification Requirements for Interpreters and Transliterators for the Hearing Impaired. SUMMARY OF THE RULE OR CHANGE: Rule R280-203 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R280-203 is repealed in its entirety, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40800.htm No. 40801 (Repeal): R280-204. Utah State Office of Rehabilitation Employee Background Check Requirement. SUMMARY OF THE RULE OR CHANGE: Rule R280-204 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R280-204 is repealed in its entirety, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R280-204 is repealed in its entirety, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R280-204 is repealed in its entirety, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R280-204 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R280-204 is repealed in its entirety, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses as a result of 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40801.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 40766 (Amendment): R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits. SUMMARY OF THE RULE OR CHANGE: The amendments to the text of Section R307- 110-17 change the title of the rule to match the title that is found in the SIP. The date has also been changed to reflect the most recent incorporation of Part H. Part H has been amended to include the following: 1) more frequent monitoring; 2) emission limits that match the 24-hour averaging period of the PM2.5 National Ambient Air Quality Standard; 3) condensable PM2.5 limits where appropriate; 4) corrections to the emission limits at Chemical Lime Company; 5) revisions to the compliance schedule for Compass Minerals; 6) elimination of the conditions for Hill Air Force Base and Vulcraft/Nucor Building Systems; 7) elimination of the provisions intended to facilitate the production of gasoline meeting the sulfur requirements of Tier 3; and 8) a requirement for Kennecott to operate its existing wet scrubber at the Copperton Concentrator. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule will not have an impact on the state budget because the state does not own any of the sources that are found in Part H of the SIP. - LOCAL GOVERNMENTS: This rule will not impact local governments because local governments do not own any of the sources that are found in Part H of the SIP. - SMALL BUSINESSES: The businesses listed in Part H that employ less than 50 people will have to comply with the requirements of the SIP. The costs associated with Part H will mostly be made up of the costs associated with more frequent monitoring. The monitoring is required by federal law due to the state's obligation to impose Reasonably Available Control Technology (RACT) on the sources listed in Part H. In order to determine RACT, cost is taken into consideration. Most of the costs required by Part H were imposed in 2014 when the SIP was last amended for PM2.5. The costs associated with additional monitoring will be around $1,000 all the way up to $100,000 for larger sources that are required to use continuous emission monitoring systems. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons will not be directly impacted by this rule because the rule is regulating businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs for the affected persons will mostly come from the costs associated with more frequent monitoring requirements. For some sources, this will be the cost of switching to continuous emission monitoring systems (CEMS). The cost may also be the price of more stack testing and parametric monitoring. This cost will vary depending on the size of the source and what equipment is needed. Cost was taken into account, as is required by the Clean Air Act, when the requirements of Part H were drafted. The costs associated with additional monitoring will be around $1,000 all the way up to $100,000 for larger sources that are required to use continuous emission monitoring systems. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The businesses listed in Part H will have to comply with the requirements of the SIP. The costs associated with Part H will mostly be made up of the costs associated with more frequent monitoring. For some sources, this will be the cost of switching to continuous emission monitoring systems (CEMS). The price of more stack testing and parametric monitoring will also have a fiscal impact on the sources in Part H. These costs will vary depending on the size of the source and what equipment is needed. The requirements in Part H need to be enforceable and meet the standard of RACT. In order to determine RACT, cost is taken into consideration. Most of the costs required by Part H were imposed in 2014 when the SIP was last amended for PM2.5. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/26/2016 11:00 AM, Utah Division of Air Quality, 195 N 1950 W, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40766.htm No. 40773 (Amendment): R307-302. Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber Counties. SUMMARY OF THE RULE OR CHANGE: The rule has been amended to include the following changes: 1) a definition for "seasoned wood" was added; 2) the word "fireplace" was removed because it was redundant; 3) Subsection R307- 302-5(3) was amended to clarify that a person burning wood in a solid fuel burning device may only burn seasoned wood; 4) the term "facilities" was removed because "facility" is defined in Section R307-101-2; 5) "Phase 2" was removed from Section R307-302-6 to be consistent with the terminology used in the 2015 New Source Performance Standard; 6) the option to register a solid fuel burning device with the local health district was removed because Utah Code Section 19-2-107.5 requires registration with the Division; and 7) a list of continuous controls in the form of prohibited burning materials was added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be minimal impact on the state budget. If the state owns a regulated heating appliance as described in the rule, then the state may have a small cost associated with switching to non-prohibited materials. The cost will likely be $0 since approved fuels should not be more expensive than non-approved fuels. If there is a cost difference, it will likely be less than $100 per unit using prohibited fuels. It is hard to determine exact numbers because there are too many variables. To estimate the cost, a person would have to know the cost of the prohibited fuel and the cost of the approved fuel. - LOCAL GOVERNMENTS: There will be minimal impact on local governments. If a government owns a regulated heating appliance as described in the rule, then the government may have a small cost associated with switching to non- prohibited materials. The cost will likely be $0 since approved fuels should not be more expensive than non-approved fuels. If there is a cost difference, it will likely be less than $100 per unit using prohibited fuels. It is hard to determine exact numbers because there are too many variables. To estimate the cost, a person would have to know the cost of the prohibited fuel and the cost of the approved fuel. - SMALL BUSINESSES: There will be minimal impact on small businesses. If a small business owns a regulated heating appliance as described in the rule, then the small business may have a cost associated with switching to non- prohibited materials. The cost will likely be $0 since approved fuels should not be more expensive than non-approved fuels. If there is a cost difference, it will likely be less than $100. It is hard to determine exact numbers because there are too many variables. To estimate the cost, a person would have to know the cost of the prohibited fuel and the cost of the approved fuel. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will be impacted in a small way. "Other persons" will not be able to burn materials on the prohibited burn list in regulated devices. They will have to purchase an approved solid fuel as described in the rule in order to use their device. The cost will likely be $0 since approved fuels should not be more expensive than non-approved fuels. If there is a cost difference, it will likely be less than $100 per unit. It is hard to determine exact numbers because there are too many variables. To estimate the cost, a person would have to know the cost of the prohibited fuel and the cost of the approved fuel. COMPLIANCE COSTS FOR AFFECTED PERSONS: People who use solid fuel burning devices will have to take on the cost of switching fuels, if their fuel is on the prohibited list. It is unlikely that this cost will be significant. Most people are already using approved fuels. The cost will likely be $0 since approved fuels should not be more expensive than non-approved fuels. If there is a cost difference, it will likely be less than $100. It is hard to determine exact numbers because there are too many variables. To estimate the cost, a person would have to know the cost of the prohibited fuel and the cost of the approved fuel. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment will have a minimal fiscal impact on businesses. Businesses will only be impacted by the rule if they are burning prohibited items in a solid fuel burning device used for comfort heating. The fiscal impact to these businesses will be the cost of switching to an approved fuel. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40773.htm DRINKING WATER No. 40770 (Amendment): R309-105-15. Annual Reports. SUMMARY OF THE RULE OR CHANGE: The proposed amendment to Section R309-105-15 requires a public water system to submit water-use data if required by the state, and to verify the accuracy of that data. The amendment requires a public water system to comply with all report submittal requirements of the Title R309 drinking water rules. It also changes the title of Section R309- 105-15. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment should entail no costs or savings to the state budget. It should not require additional resources to manage the drinking water program nor should it result in a reduction of resources needed. - LOCAL GOVERNMENTS: The proposed amendment should entail no costs or savings to local governments. It places no substantial, new requirements on local governments nor relieves them of any existing requirements related to public water systems. - SMALL BUSINESSES: The proposed amendment should entail no costs or savings to small businesses. It places no substantial, new requirements on small businesses nor relieves them of any existing requirements related to public water systems. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment should entail no costs or savings to persons other than small businesses, businesses, or local government entities. It places no substantial, new requirements on persons other than small businesses, businesses, or local governments nor relieves them of any existing requirements related to public water systems. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by the proposed amendment to Section R309-105-15 would be owners and operators of Public Water Systems. The proposed amendment imposes no new compliance costs on these affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment is expected to have no fiscal impact on businesses. The rule itself only applies to public water systems and would, therefore, only affect businesses as customers or operators of public water systems. Since the proposed amendment imposes no new costs upon public water systems, there are no new fiscal impacts associated with the amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bernie Clark by phone at 801-536-0092, or by Internet E-mail at bernieclark@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40770.htm No. 40771 (Amendment): R309-400-12. Reporting and Record Maintenance Issues. SUMMARY OF THE RULE OR CHANGE: The proposed amendment to Section R309-400-12 assesses 50 points to a water system that fails to submit water-use data required by the state or fails to verify the accuracy of the data as required by Section R309-105-15. It also assesses 20 points to a public water system that fails to submit operational or other reports required by the Division. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment should entail no costs or savings to the state budget. It should not require additional resources to manage the drinking water program nor should it result in a reduction of resources needed. - LOCAL GOVERNMENTS: The proposed amendment should entail no costs or savings to local governments. It places no substantial, new requirements on local governments nor relieves them of any existing requirements related to public water systems. - SMALL BUSINESSES: The proposed amendment should entail no costs or savings to small businesses. It places no substantial, new requirements on small businesses nor relieves them of any existing requirements related to public water systems. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment should entail no costs or savings to persons other than small businesses, businesses, or local government entities. It places no substantial, new requirements on persons other than small businesses, businesses, or local governments nor relieves them of any existing requirements related to public water systems. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by the proposed amendment to Section R309-400-12 would be owners and operators of Public Water Systems. The proposed amendment imposes no new compliance costs on these affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment is expected to have no fiscal impact on businesses. The rule itself only applies to public water systems and would, therefore, only affect businesses as customers or operators of public water systems. Since the proposed amendment imposes no new costs upon public water systems, there are no new fiscal impacts associated with the amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bernie Clark by phone at 801-536-0092, or by Internet E-mail at bernieclark@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40771.htm No. 40769 (Amendment): R309-535-5. Fluoridation. SUMMARY OF THE RULE OR CHANGE: The proposed amendment to Section R309-535-5 updates requirements for chemical storage, fluoride injection, fluoride solution tank venting, and personal protective equipment. It adds new requirements for secondary containment of fluoride solutions, housing for fluoridation facilities (heating, lighting, and ventilation), and acid spill neutralization. The proposed amendment is organized differently than the current rule and includes a General Requirements section that applies to all fluoridation facilities and three additional requirements sections each of which applies to a specific type of fluoridation: fluorosilicic acid, fluoride saturators, and fluoride dry feed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed amendment should entail no costs or savings to the state budget. It should not require additional resources to manage the drinking water program nor should it result in a reduction of resources needed. - LOCAL GOVERNMENTS: The proposed amendment will result in no savings to local governments but may result in increased costs to local governments that own or operate public water systems that fluoridate their drinking water and intend to design and construct new fluoridation facilities. Because the increased costs are related to project-specific variables--such as facility size, amount of water to be treated, type of fluoridation to be installed, and quantity of fluoride to be added--an estimate of increased costs, in aggregate or per project, cannot be made. - SMALL BUSINESSES: The proposed amendment will result in no savings to small businesses but may result in increased costs to small businesses that own or operate public water systems that fluoridate their drinking water and intend to design and construct new fluoridation facilities. Because the increased costs are related to project-specific variables--such as facility size, amount of water to be treated, type of fluoridation to be installed, and quantity of fluoride to be added--an estimate of increased costs, in aggregate or per project, cannot be made. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment will result in no savings to persons other than small businesses, businesses, or local government entities but may result in increased costs to such persons that own or operate public water systems that fluoridate their drinking water and intend to design and construct new fluoridation facilities. Because the increased costs are related to project-specific variables--such as facility size, amount of water to be treated, type of fluoridation to be installed, and quantity of fluoride to be added--an estimate of increased costs, in aggregate or per project, cannot be made. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by the proposed amendment to Section R309-535-5 would be owners and operators of Public Water Systems. The proposed amendment may result in increased costs to such persons that own or operate public water systems that fluoridate their drinking water and intend to design and construct new fluoridation facilities. Because the increased costs are related to project-specific variables--such as facility size, amount of water to be treated, type of fluoridation to be installed, and quantity of fluoride to be added--an estimate of increased costs, in aggregate or per project, cannot be made. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment only applies to public water systems that fluoridate their drinking water, which is a small subset of public water systems in Utah and would, therefore, only affect businesses as customers or operators of these systems. The fiscal impact of the proposed amendment on businesses as customers of public water systems that fluoridate would be negligible because any increase in the cost of design and construction of fluoridation facilities due to the proposed amendment would be small when compared to the overall project cost and would be shared by all water system customers. The fiscal impact of the proposed amendment on businesses that operate public water systems that intend to design and construct new fluoridation facilities would also be small when compared to the overall project cost of fluoridation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bernie Clark by phone at 801-536-0092, or by Internet E-mail at bernieclark@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40769.htm ENVIRONMENTAL RESPONSE AND REMEDIATION No. 40752 (Amendment): R311-200. Underground Storage Tanks: Definitions. SUMMARY OF THE RULE OR CHANGE: This amendment removes several definitions that are no longer needed, modifies the definition of UST testing to include new types of testing that are now part of the federal UST regulations or the Utah UST rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to state budget. The rule change only removes or modifies definitions found in the rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. The rule change only removes or modifies definitions found in the rule. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The rule change only removes or modifies definitions found in the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons. The rule change only removes or modifies definitions found in the rule. Defining the tank and piping interstitial tests under Subsections R311-206-11(c)(2)(C) and R311-206-11(d)(d)(2)(B) may increase costs somewhat because now they will have to be done by a certified UST tester. The testers are the only ones who have the equipment to perform the tests successfully, so tests will continue to be done by certified testers as they have in the past. Non-fiscal impacts include new types of testing in the definition of UST testing; therefore, requiring that the tests be done by certified UST testers will help ensure that tests are done by capable, trained individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs. If certified testers choose to perform some of the new types of testing, it may be necessary to purchase new test equipment and receive manufacturer training on that equipment. Defining the tank and piping interstitial tests under Subsections R311-206-11(c)(2)(C) and R311-206-11(d)(d)(2)(B) as UST testing may increase costs somewhat because now these tests must be done by a certified UST tester. In practice, the UST testers are the only ones who have the equipment to perform the tests successfully, so the tests will continue to be done by certified testers as they have in the past. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impacts on businesses are expected. Any impact would be found in the other rules to which the definitions apply. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/17/2016 02:00 PM, Department of Environmental Quality, 195 North 1950 West, Room 1015, Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40752.htm No. 40753 (Amendment): R311-201. Underground Storage Tanks: Certification Programs and UST Operator Training. SUMMARY OF THE RULE OR CHANGE: This amendment specifies the new types of UST testing that can be performed by certified UST installers and UST owner/operators; adds new types of UST testing to the statement that certification only applies to the specific equipment on which the UST tester has been trained by the equipment manufacturer; removes dates that specified when UST-related activities first had to be performed by a certified individual; re-words UST Tester training requirements and standards of performance for certified individuals; removes a reference to the Board hearing certification-related appeals; moves sections on UST operator inspections and requirements for un-attended facilities to another part of the Utah UST rules; removes the incorporation by reference for the Utah UST operator inspection form; changes operator re-training requirements to state that if a Class A or Class B operator must be re-trained due to non- compliance, the operator's registration will lapse in 120 days after the determination of non-compliance instead of in 6 months after the determination of non-compliance; and removes reference to revoking the certificate of compliance due to failure of an A or B operator to re-train. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As an UST owner/operator, the state of Utah could save approximately $14,000 based on the number of USTs the state currently owns or operates if it chooses to perform the allowed tests using state employees, rather than paying an installer or tester to perform them. - LOCAL GOVERNMENTS: As UST owner/operators, local governments could save approximately $11,000 based on the number of USTs currently owned or operated by local governments if they choose to perform the allowed tests using their own employees, rather than paying an installer or tester to perform them. - SMALL BUSINESSES: Small businesses that own or operate USTs could save approximately $125,000 based on the number of USTs currently owned or operated by small businesses if they choose to perform the allowed tests using their own employees, rather than paying an installer or tester to perform them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local governments who own or operate USTs could save approximately $400 based on the number of USTs currently owned or operated by these persons if they choose to perform the allowed tests themselves, rather than paying an installer or tester to perform them. A non-fiscal impact is that if UST owner/operators perform the new tests themselves, they can better understand their UST systems and be more involved which will help to reduce the number and severity of UST releases. Requiring that testers who perform new types of testing that require specialized equipment to be certified by the equipment manufacturer helps to ensure that testers are more capable and tests are performed accurately. Other changes clarify the rules and make them easier to understand. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed change allows some of the new required testing to be done by certified UST installers or UST owner/operators, rather than by UST testers. UST owner/operators have the option to perform some tests themselves. Certified installers and testers have the option to purchase equipment and qualify to perform new types of testing. The other proposed changes are for simplicity and clarification, and have no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There would not be a direct fiscal cost imposed by this rule because the requirement to perform new testing on underground storage tanks is in another part of the rule. Underground storage tank owners and operators could, under this rule, reduce the expenses related to the new testing requirements by doing some of the tests themselves rather than paying others to perform the tests. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/17/2016 02:00 PM, Department of Environmental Quality, 195 North 1950 West, Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40753.htm No. 40754 (Amendment): R311-202. Underground Storage Tank Technical Standards. SUMMARY OF THE RULE OR CHANGE: This amendment incorporates by reference most of 40 CFR Part 280 in effect as of 10/13/2015, with certain exceptions and changes to dates. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As an owner/operator of USTs, the state of Utah will be required, by 10/13/2018, to test spill prevention devices and piping containment sumps used for interstitial monitoring, and inspect overfill prevention devices and electronic and mechanical leak detection components. The cost for the initial tests is estimated to be $46,000, based on the number of USTs currently owned or operated by the State of Utah. Subsequent testing of spill prevention, overfill prevention, and containment sumps will occur every three years. Testing of leak detection components will occur yearly. - LOCAL GOVERNMENTS: Local governments that own or operate USTs will be required, by 10/13/2018, to test spill prevention devices and piping containment sumps used for interstitial monitoring, and inspect overfill prevention devices and electronic and mechanical leak detection components. The cost for the initial tests is estimated to be $27,000, based on the number of USTs currently owned or operated by local governments. Subsequent testing of spill prevention, overfill prevention, and containment sumps will occur every three years. Testing of leak detection components will occur yearly. - SMALL BUSINESSES: Small businesses that own or operate USTs will be required, by 10/13/2018, to test spill prevention devices and piping containment sumps used for interstitial monitoring, and inspect overfill prevention devices and electronic and mechanical leak detection components. The cost for the initial tests is estimated to be $280,000, based on the number of USTs currently owned or operated by small businesses. Subsequent testing of spill prevention, overfill prevention, and containment sumps will occur every three years. Testing of leak detection components will occur yearly. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local governments who own or operate USTs will be required, by 10/13/2018, to test spill prevention devices and piping containment sumps used for interstitial monitoring and inspect overfill prevention devices and electronic and mechanical leak detection components. The cost for the initial tests is estimated to be $1,300, based on the number of USTs currently owned or operated by these persons. Subsequent testing of spill prevention, overfill prevention, and containment sumps will occur every three years. Testing of leak detection components will occur yearly. Non-fiscal impacts include that UST owner/operators will be more involved and knowledgeable about their UST systems, which will result in better operation and maintenance of their USTs. New testing and better UST maintenance will find leaks sooner and prevent leaks. When leaks do occur, they will be easier to clean up, which will result in better protection of the environment and groundwater. COMPLIANCE COSTS FOR AFFECTED PERSONS: Costs for a typical facility that uses interstitial monitoring for piping, which requires testing of the piping containment sumps and under dispenser containment, are estimated to be $1,100 every 3 years, and $150 yearly. Costs for a typical facility that does not use interstitial monitoring for piping are estimated to be $400 every 3 years and $150 yearly. Costs to add leak detection to emergency generator tanks are estimated to be $5,000 to $10,000, if little or no of the required monitoring equipment is currently in place. Most emergency generator facilities already have all or most of the equipment that will be needed. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: New tests of UST systems will cost approximately $800 to $1,500 for a typical UST facility over a 3-year period; most tests will be required every 3 years; some will be required every year. These tests will help provide savings in the long term by reducing the number and severity of UST releases that occur. Most other federal requirements being adopted replace requirements already in place in Utah from the 2005 Energy Policy Act. Although the state rules are being changed, the programs already in place from the Energy Act will, in practice, continue essentially as they have been operating with little change, fiscal or otherwise. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/17/2016 02:00 PM, Department of Environmental Quality, 195 North 1950 West, Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40754.htm No. 40755 (Amendment): R311-203. Underground Storage Tanks: Technical Standards. SUMMARY OF THE RULE OR CHANGE: This amendment removes the requirement for notification by the UST owner/operator when an alternative fuel is stored in a UST; removes wording that specifies situations in which a certified installer must notify the Director before performing a cathodic protection system installation; adds a statement to clarify the fees that are to be paid for previously unregistered USTs that are removed promptly after discovery; removes certain UST testing requirements; specifies the reporting requirements for testing of spill containment equipment and containment sumps; modifies parts of the secondary containment rule (Section R311-203-6); adds requirements for UST operator inspections and unattended facilities (moved from Section R311-201-12 and modified); and provides for a revised UST operator inspection form. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: From previously unknown USTs that are found and promptly removed, the state budget could lose up to $440 in UST registration fees per tank. The total amount lost depends on the number of such tanks that are found. The benefits to the environment outweigh the cost of the lost fees. - LOCAL GOVERNMENTS: As a UST owner/operator, a local government could save the cost of two years of UST registration fees ($440 per UST) if it finds a previously unknown and unregistered UST and removes it promptly. The total savings depend on the number of such USTs that are found and removed. The local government could also save a portion of the costs for its monthly operator inspections if it contracts with a third party to perform the inspections. The total amount saved would depend on the degree to which the third-party inspector could reduce charges due to the reduced amount of work necessary to perform the inspection. - SMALL BUSINESSES: As a UST owner/operator, a small business could save the cost of 2 years of UST registration fees ($440 per UST) if it finds a previously unknown and unregistered UST, and removes it promptly. The total savings depend on the number of such USTs that are found and removed. The small business could also save a portion of the costs for its monthly operator inspections if it contracts with a third party to perform the inspections. The total amount saved would depend on the degree to which the third-party inspector could reduce charges due to the reduced amount of work necessary to perform the inspection. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In cases where previously unregistered USTs are found and removed promptly, the UST owner/operator will save the cost of 2 years of UST registration fees ($220 per tank per year). The director could otherwise pursue collection of three years of fees. The total savings will depend on the number of such tanks that are found and promptly removed. UST owner/operators who contract with third parties to perform the monthly UST operator inspections could save part of the present cost of the inspection because the proposed change will require a reduced monthly inspection. The total saved would depend on the present charge by third-party inspectors and the degree to which the inspections will be reduced. Non-fiscal impacts are that the incentive to remove previously unregistered USTs helps protect human health and the environment by removal of old out-of-use USTs and finding releases that may otherwise not be found if the tanks are not removed. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are anticipated. The proposed changes could result in some savings to UST owner/operators who use insurance for their UST financial responsibility and who contract with third parties for their monthly UST operator inspections. Other changes remove wording from the state rule that is now part of the federal UST regulations, and do not make substantive changes to the UST requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be little or no impact. Some items are removed or modified because the federal regulations now address them or are modified to address situations that the federal regulations may not specifically address. Other changes provide options for tank owners to report testing and monthly inspections. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/17/2016 02:00 PM, Department of Environmental Quality, 195 North 1950 West, Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40755.htm No. 40756 (Amendment): R311-206. Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms. SUMMARY OF THE RULE OR CHANGE: This amendment adds a requirement that the UST owner/operator must submit the tank manufacturer's installation checklist in order to receive a certificate of compliance for newly installed tanks; removes the requirement for submittal of financial responsibility documents each year; makes minor grammatical and technical changes; corrects citations due to changes elsewhere in the rules and changes to the federal UST regulations; updates fire code adoption reference; removes reference to fiscal year 1998 in the section that specifies the requirements for audits of UST facility throughput records; and rewords Environmental Assurance Fee rebate requirements by replacing references to "continuous" monitoring with more appropriate wording. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget may lose approximately $1,000 per year in alternate financial assurance mechanism processing fees. The amount could change if more or fewer UST owner/operators obtain UST insurance policies with terms longer than one year. - LOCAL GOVERNMENTS: If a local government is a UST owner/operator, it may save $240 per year if it has a UST insurance policy with a term greater than one year. The total amount saved would depend on the number of local government UST owner/operators that obtain such policies. There is no cost for submittal of the UST manufacturer's installation checklist. In current practice, the UST installer completes the checklist and generally submits it to the DERR. Other changes do not have cost or savings associated with them but clarify or improve wording of the rule. - SMALL BUSINESSES: If a small business is a UST owner/operator, it may save $240 per year if it has a UST insurance policy with a term greater than one year. The total amount saved would depend on the number of small businesses UST owner/operators that obtain such policies. There is no cost for submittal of the UST manufacturer's installation checklist. In current practice, the UST installer completes the checklist and generally submits it to the DERR. Other changes do not have cost or savings associated with them but clarify or improve wording of the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A UST owner/operator may save $240 per year if it has a UST insurance policy with a term greater than 1 year. The total amount saved would depend on the number of UST owner/operators that obtain such policies. There is no cost for submittal of the UST manufacturer's installation checklist. In current practice, the UST installer completes the checklist and generally submits it to the DERR. Other changes do not have cost or savings associated with them, but clarify or improve wording of the rule. Non-fiscal impacts are that the proposed change to require submittal of the UST manufacturer's installation checklist will help ensure that underground storage tanks and product piping are installed properly according to the specifications of the tank and piping manufacturers. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are anticipated. The proposed changes can provide minor savings to UST owner/operators with UST insurance policies. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Most of the changes would not have a fiscal impact on businesses. They formalize current practice and clean up the rule where out- of-date references exist, or the clarity of the rule can be improved. If a tank owner has an insurance policy for USTs and that policy runs longer than one year, the owner would not have to pay the $240 financial assurance processing fee in the years the policy is not renewed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/17/2016 02:00 PM, Department of Environmental Quality, 195 North 1950 West, Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40756.htm No. 40757 (Amendment): R311-212. Administration of the Petroleum Storage Tank Loan Program. SUMMARY OF THE RULE OR CHANGE: Section R311-212-7 is changed to specify that an initial disbursement of loan proceeds to an applicant for a PST loan, paid to the applicant after the loan is approved and prior to the start of work, may be for the lesser of 40% of the approved loan amount or the amount the contractor who will perform the work requires as an initial payment from the customer (the loan applicant). Similar wording is added to the loan application form, and the new form is incorporated by reference. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The amount saved due to the lower initial disbursement is paid after the work is completed as the final disbursement of the loan proceeds. - LOCAL GOVERNMENTS: None--If a local government, as a UST owner/operator, applies for a PST loan, the proposed change clarifies the amount of the loan that can be paid to the applicant before the work is done. The change does not alter the total loan amount or alter the costs to the applicant. - SMALL BUSINESSES: None--If a small business, as a UST owner/operator, applies for a PST loan, the proposed change clarifies the amount of the loan that can be paid to the applicant before the work is done. The change does not alter the total loan amount or alter the costs to the applicant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--If a person, as a UST owner/operator, applies for a PST loan, the proposed change clarifies the amount of the loan that can be paid to the applicant before the work is done. The change does not alter the total loan amount or alter the costs to the applicant. Non-fiscal impacts are that the ability to receive part of the loan proceeds before starting the work helps the applicant meet contractor requirements and may encourage UST owner/operators to remove or upgrade older USTs, reducing the number and severity of releases from UST systems. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The proposed change clarifies the amount of the loan that can be paid to the applicant up front. It does not alter the total loan amount or alter the costs to the applicant. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule change does not have any 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 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/17/2016 02:00 PM, Department of Environmental Quality, 195 North 1950 West, Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 01/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40757.htm HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 40765 (New Rule): R386-900. Special Measures for the Operation of Syringe Exchange Programs. SUMMARY OF THE RULE OR CHANGE: This new rule outlines operating and reporting requirements for entities operating syringe exchange programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department is utilizing .40 FTE in federal funds to monitor, analyze, and report on syringe exchange programs throughout the state, which comes to $35,380 (personnel and fringe). - LOCAL GOVERNMENTS: Anticipated costs cannot be estimated as each eligible agency will decide if it will participate in syringe exchange and to what extent it will conduct syringe exchange activities. Costs may also vary based on the agencies' existing activities and the compatibility of a syringe exchange program with existing services the agency may already be providing. - SMALL BUSINESSES: Anticipated costs cannot be estimated as each eligible agency will decide if it will participate in syringe exchange and to what extent it will conduct syringe exchange activities. Costs may also vary based on the agencies' existing activities and the compatibility of a syringe exchange program with existing services the agency may already be providing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Anticipated costs cannot be estimated as each eligible agency will decide if it will participate in syringe exchange and to what extent it will conduct syringe exchange activities. Costs may also vary based on the agencies' existing activities and the compatibility of a syringe exchange program with existing services the agency may already be providing. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs cannot be estimated as each eligible agency will decide if it will participate in syringe exchange and to what extent it will conduct syringe exchange activities; compliance costs include completing mandatory reporting forms and faxing/emailing forms to the Department. Time and personnel costs will vary depending on extent of involvement in syringe exchange. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is proposed in compliance with H.B. 308 (2016) to specify how and when an entity operating a syringe exchange program shall make the statutory required report. There may be fiscal impact on any business choosing to operate an exchange program in the form of administrative costs for personnel, educational materials, syringes and sharps disposals. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Erin Fratto by phone at 801-538-6701, or by Internet E-mail at efratto@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40765.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 40774 (Amendment): R477-101-18. Training. SUMMARY OF THE RULE OR CHANGE: The rule change introduces the requirement of a procedural fairness training for administrative law judges. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect affect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no affect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Hargis by phone at 801-891-5680, or by Internet E-mail at ghargis@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40774.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 40768 (Amendment): R523-11. Utah Standards for Approval of Alcohol and Drug Educational Providers and Instructors for Court-Referred DUI Offenders. SUMMARY OF THE RULE OR CHANGE: The changes: 1) remove some of the items required to be submitted for certification; 2) change the age threshold for class separation from 21 to 18; 3) increase the waiting time to recertify after revocation from 6 months to 12 months; and 4) give flexibility to the providers in the number of days it takes to complete the classes. The total hours remain the same, but they can be flexible to meet the demands of the participants. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes being made to this rule are primarily for the purpose of clarification and to provide flexibility in the structure of the classes. The change in age threshold will not have a financial impact. The total hours remain the same, but the providers have flexibility to structure the classes for more days and shorter class times, or longer class times and fewer days, based on demand. These changes are optional to the providers. None of the changes to this rule have a material impact on the costs associated with the way the state administers this program that would result in anticipated cost or saving to the state budget. - LOCAL GOVERNMENTS: There are only a very few local governments that are involved as providers of DUI education. The change in age threshold will not have a financial impact. The scheduling changes are optional to the providers and are expected to have only a marginal impact in the way of savings to the providers. - SMALL BUSINESSES: The changes being made to this rule are primarily for the purpose of clarification and to provide flexibility in the structure of the classes. The total hours remain the same, but the providers have flexibility to structure the classes for more days and shorter class times, or longer class times and fewer days, based on demand. These changes are optional to the providers. These changes are optional to the providers and expected to have only a marginal impact in the way of savings to the providers. The change in age threshold will not have a financial impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The change in age threshold will not have a financial impact. The scheduling changes are optional to the providers and are to expected to have only a marginal impact in the way of savings to the providers, and it is doubtful that the participants will see any change in the costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The change in age threshold will not have a financial impact. The scheduling changes are optional to the providers and are expected to have only a marginal impact in the way of savings to the providers, and it is doubtful that the participants will see any change in the costs. Therefore, the agency sees no real compliance cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The change in age threshold will not have a financial impact. The scheduling changes are optional to the providers and are expected to have only a marginal impact in the way of savings to the providers, and it is doubtful that the participants will see any change in the costs. As a result, there is no meaningful impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 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 - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40768.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 40758 (Amendment): R657-11. Taking Furbearers. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule: 1) add definitions for "cage trap", "foothold trap", "good condition", and "owner"; 2) allow a green pelt or unskinned carcass from a bobcat or marten to not have a permanent tag until the second Friday in March; 3) remove Section R657-11-8, Purchase of License by Mail; 4) set additional requirements for the use of bait; and 5) make technical corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments are technical in nature; therefore, the Division of Wildlife Resources (DWR) determines that these amendments do 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 done with existing budget. - 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 amendment. Nor are local governments indirectly impacted because the amendment does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment makes technical changes to the rule and provides the criteria for which trapping on Waterfowl Management Areas will be done and does not impose any additional requirements on small businesses, nor generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment makes technical changes to the rule and provides the criteria for which trapping on Waterfowl Management Areas will be done and 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 amendment changes wording for clarification and consistency with other division applications. Therefore, DWR determines that there is no additional compliance costs associated with the amendments. 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 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40758.htm PUBLIC SAFETY DRIVER LICENSE No. 40759 (Amendment): R708-41. Requirements for Acceptable Documentation, Storage and Maintenance. SUMMARY OF THE RULE OR CHANGE: This amendment updates the definitions to include general discharge and adds additional documentation that is now acceptable for military individuals to apply for a Utah driver license or Utah identification card. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendment to this rule will not have any fiscal impact to the state budget because this change applies to acceptable documentation for the purpose of obtaining a Utah driver license or Utah identification card, and it does not affect the fees charged by the Driver License Division. - LOCAL GOVERNMENTS: The amendment to this rule will not have any fiscal impact to local government because this change applies to acceptable documentation for the purpose of obtaining a Utah driver license or Utah identification card. - SMALL BUSINESSES: The amendment to this rule will not have any fiscal impact to small businesses because this change applies to acceptable documentation for the purpose of obtaining a Utah driver license or Utah identification card. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendment to this rule will not have any fiscal impact to persons other than small businesses, businesses, or local government entities because this change applies to acceptable documentation for the purpose of obtaining a Utah driver license or Utah identification card. COMPLIANCE COSTS FOR AFFECTED PERSONS: This change will neither cost nor save money for the individual applying for a Utah driver license or identification card because the fees are not changing, only the acceptable documentation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the amendment and found that this rule change will not have a fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40759.htm TAX COMMISSION PROPERTY TAX No. 40747 (Amendment): R884-24P-33. 2016 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301. SUMMARY OF THE RULE OR CHANGE: Section 59-2-107 authorizes the State Tax Commission to promulgate rules that define classes of items considered to be personal property and provide valuation percent good schedules to value locally assessed personal property. County assessors must use the percent good schedules as contained in this rule. Any deviation that affects an entire class or type of personal property requires a written report documenting the schedule change to be submitted to the Tax Commission for approval prior to use. The proposed amendments also clarify the air coolers that are included in Class 8 as VGO tank air coolers and adds "pipe laid in or affixed to land" in the items listed in Class 16. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amount of savings or cost to state government is not affected by this rule. Tax revenue generated by taxing personal property is distributed to local governments to finance public services, programs, school districts, and local districts. No tax revenues generated by taxation of personal property will be retained by state government. - LOCAL GOVERNMENTS: The amount of saving or cost to local government is undetermined. Local governmental entities receive tax revenue based on increased or decreased personal property values and the change in the annual property tax rate. Increases or decreases in 2017 property tax revenue cannot be determined, even if there were no changes in the percent good tables, because taxpayer acquisitions and deletions of personal property during 2016 are unknown. The proposed personal property schedules in this amendment are raised, or lowered, or remain the same for 2017 based upon the type and age of the personal property assessed. Schedules used to value business personal property increase or decrease based upon the calculation of economic trends from cost indexes published by the Marshall Valuation Service. It is anticipated that the change in the annual property tax rate will have a larger impact on revenue than will the proposed amendments to this rule. - SMALL BUSINESSES: In the aggregate, the amount of savings or cost to individuals and business is undetermined. Affected persons pay property taxes based on increased or decreased personal property values and the change in the annual property tax rate. The proposed personal property schedules in this rule are raised, or lowered, or remain the same for 2017 based upon the type and age of the property. Since some schedules are increased and some decreased, it is not possible to determine the change to affected persons without knowing the 2017 personal property mix compared to the previous year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In the aggregate, the amount of savings or cost to individuals and business is undetermined. Affected persons pay property taxes based on increased or decreased personal property values and the change in the annual property tax rate. The proposed personal property schedules in this rule are raised, or lowered, or remain the same for 2017 based upon the type and age of the property. Since some schedules are increased and some decreased, it is not possible to determine the change to affected persons without knowing the 2017 personal property mix compared to the previous year. COMPLIANCE COSTS FOR AFFECTED PERSONS: Local business owners and property tax practitioners will once again be required to be aware of new percent good figures. This is an annual occurrence; therefore, the compliance cost in completing the assessment process will not change. The change in taxes charged for these businesses depends entirely on the owner’s mix of personal property since some percent good schedules are increasing and others decreasing. For example, the owner of a business may discard some personal property items and add new equipment or replace equipment which may increase or decrease personal property values. In addition, the personal property percent good schedule percentages often change from the previous year due to current economic conditions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact on businesses is undetermined for the reasons stated under "small businesses" alone. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 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: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40747.htm TRANSPORTATION OPERATIONS, CONSTRUCTION No. 40772 (Amendment): R916-5. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: This amendment: 1) raises the application threshold from $1,500,000 to $2,000,000 for prime contractors and $750,000 to $1,000,000 for subcontractors; 2) updates citations to the Utah code needed due to renumbering by the Legislature; 3) includes text that requires prime and subcontractors to certify to the Department that they have obtained and will maintain offers of qualified health insurance coverage to employees that comply with an actuarial equivalence determination that is bench-marked by the Department of Health; and 4) makes a number of grammatical corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this amendment will result in direct costs or savings to the state's budget because it does not require an allocation or payment of funds from or to the state or a subdivision of the state. - LOCAL GOVERNMENTS: The Department does not anticipate that this amendment will result in direct costs or savings to the budgets of local governments because it does not require an allocation or payment of funds from or to local government or a subdivision of a local government. - SMALL BUSINESSES: This amendment may lead to savings by those small businesses that have been required to offer health care benefits to their employees due to the application thresholds included in the former rule and will no longer be required to offer health care benefits to their employees due to the higher thresholds included in this amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this amendment will result in direct costs or savings to the budgets of persons other than small businesses, businesses, or local government entities because it does not require an allocation or payment of funds from or to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate this amendment will result in any additional compliance costs for affected persons because it does not require an allocation or payment of funds from or to persons other than small businesses, businesses, or local government entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment may have a positive fiscal impact on business, but an exact measure of that impact is not known at this time. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2016 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40772.htm 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 Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40749 (5-year Review): R156-72. Acupuncture Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 72, with respect to acupuncturists. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov EFFECTIVE: 09/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40749.htm No. 40748 (5-year Review): R156-75. Genetic Counselors Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 75, with respect to genetic counselors. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. 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 EFFECTIVE: 09/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40748.htm EDUCATION ADMINISTRATION No. 40782 (5-year Review): R277-109. Legislative Reporting and Accountability. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-109 continues to be necessary because it provides requirements for data collection necessary to fulfill statutory or Board reporting requirements. 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: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40782.htm No. 40783 (5-year Review): R277-116. Audit Procedure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-116 continues to be necessary because it outlines the role of the Audit Director, Superintendent, and agency in the audit process, and outlines the Board's procedures for audits of 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: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40783.htm No. 40784 (5-year Review): R277-600. Student Transportation Standards and Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-600 continues to be necessary because it provides the standards under which school districts may qualify for and receive state transportation funds. 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: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40784.htm No. 40785 (5-year Review): R277-603. Autism Awareness Restricted Account Distribution. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-603 continues to be necessary because it provides procedures, timelines, and accountability for distribution of funds for autism awareness. 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: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40785.htm No. 40786 (5-year Review): R277-708. Enhancement for At-Risk 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 R277-708 continues to be necessary because it establishes criteria and procedures for distributing Enhancement for At-Risk Students funds 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: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40786.htm No. 40787 (5-year Review): R277-914. Career and Technical Student Organizations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-914 continues to be necessary because it provides procedures for fiscal accountability for career and technical student organizations. 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: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40787.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 40746 (5-year Review): R307-121. General Requirements: Clean Air and Efficient Vehicle Tax Credit. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-121 should be continued because it provides necessary guidance in the administration of the Utah Clean Fuel Tax Credit program, which is required by Subsection 19-2-104(3)(b)(vi). DIRECT QUESTIONS REGARDING THIS RULE TO: - Mat Carlile by phone at 801-536-4116, by FAX at 801-536-4136, or by Internet E-mail at mcarlile@utah.gov EFFECTIVE: 09/07/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40746.htm HEALTH ADMINISTRATION No. 40760 (5-year Review): R380-200. Patient Safety Surveillance and Improvement Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: No oppositions to date have been encountered. There is an ongoing users group that meets monthly to determine what the reporting rules and use of the data should be. Continuation is needed to provide public accountability and transparency, to protect the public, to analyze trends, and to identify opportunities for improvement consistent with national standards and public demand. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Iona Thraen by phone at 801-273-6643, by FAX at 801-273-4150, or by Internet E-mail at ithraen@utah.gov EFFECTIVE: 09/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40760.htm No. 40761 (5-year Review): R380-210. Health Care Facilities Patient Safety Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Hospital discharge data as one of the data sources for analyzing patient safety events is necessary since the All Payer Claims Database (APCD) does not have all outpatient claims. The agency is working toward including the APCD data sources for more robust analysis of patient safety events particularly in the area of adverse drug events. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Iona Thraen by phone at 801-273-6643, by FAX at 801-273-4150, or by Internet E-mail at ithraen@utah.gov EFFECTIVE: 09/13/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40761.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 40776 (5-year Review): R432-200. Small Health Care Facility (Four to Sixteen Beds). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. 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 EFFECTIVE: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40776.htm No. 40775 (5-year Review): R432-300. Small Health Care Facility - Type N. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. 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 EFFECTIVE: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40775.htm No. 40777 (5-year Review): R432-650. End Stage Renal Disease Facility Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. 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 EFFECTIVE: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40777.htm No. 40778 (5-year Review): R432-700. Home Health Agency Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. 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 EFFECTIVE: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40778.htm No. 40779 (5-year Review): R432-725. Personal Care Agency Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. 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 EFFECTIVE: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40779.htm No. 40780 (5-year Review): R432-750. Hospice Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. 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 EFFECTIVE: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40780.htm No. 40781 (5-year Review): R432-950. Mammography Quality Assurance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. 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 EFFECTIVE: 09/15/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40781.htm NATURAL RESOURCES OIL, GAS AND MINING; COAL No. 40731 (5-year Review): R645-100. Administrative: Introduction. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The definitions applicable to the Coal Program in this rule are necessary to avoid inconsistent use of terminology by the board, division, and affected parties. The other administrative items in this rule include the description of the applicability of these rules, petitions for rulemaking, citizen suits, availability of records, and computation of time frames. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40731.htm No. 40732 (5-year Review): R645-103. Areas Unsuitable for Coal Mining and Reclamation Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes procedures that are necessary for the designation of lands unsuitable for coal mining and reclamation operations. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40732.htm No. 40733 (5-year Review): R645-200. Coal Exploration: Introduction. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes categories of coal exploration based upon tons of coal to be removed and the general responsibility of the division and any person seeking to conduct coal exploration. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40733.htm No. 40734 (5-year Review): R645-201. Coal Exploration: Requirements for Exploration Approval. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes requirements that are necessary for coal exploration permit approval within Utah. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40734.htm No. 40735 (5-year Review): R645-202. Coal Exploration: Compliance Duties. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes standards that are necessary for required documents to be available and for performance standards pertaining to the coal exploration. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40735.htm No. 40736 (5-year Review): R645-203. Coal Exploration: Public Availability of Information. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes standards that are necessary for availability of public records and confidentiality pertaining to coal exploration. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40736.htm No. 40737 (5-year Review): R645-300. Coal Mine Permitting: Administrative Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes the administrative procedures that are necessary for permitting of coal mines including public participation, approval of permit applications, and administrative and judicial review of decisions on permits. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40737.htm No. 40738 (5-year Review): R645-301. Coal Mine Permitting: Permit Application Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary since it states the required information to be included in each permit application by a coal mine operator including information on soils, biology, engineering, geology, hydrology, and bonding. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40738.htm No. 40739 (5-year Review): R645-302. Coal Mine Permitting: Special Categories and Areas of Mining. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes standards that are necessary for special categories of mining such as steep slopes and experimental practices mining, and special areas of mining such as prime farmland and alluvial valley floors. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40739.htm No. 40740 (5-year Review): R645-303. Coal Mine Permitting: Change, Renewal, and Transfer, Assignment, or Sale of Permit Rights. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes procedures that are necessary for coal mine permit renewals and changes, as well as transfer, assignment, or sale of permit rights. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40740.htm No. 40741 (5-year Review): R645-402. Inspection and Enforcement: Individual Civil Penalties. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes standards and procedures that are necessary for individual civil penalties against any corporate director, officer, or agent of a corporate permittee who knowingly authorizes a permit violation. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40741.htm No. 40742 (5-year Review): R645-403. Alternative Enforcement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes standards and procedures for criminal penalties for willfully and knowingly violating conditions of a coal permit, plus standards and procedures for requests to the Utah Attorney General to pursue civil actions against a permittee. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 09/06/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40742.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 40767 (5-year Review): R850-140. Development Property. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule allows SITLA to designate lands that have development potential to generate optimum revenue for the Trust as development properties. Development transactions are very complex and the guidelines provided in this rule allow the agency to proceed in a more traditional, business-like approach rather than a governmental-like approach. Because real estate transactions are time sensitive, SITLA needs to be able to take advantage of opportunities as they arise and respond accordingly. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Rodger Mitchell by phone at 801-538-5176, or by Internet E-mail at rodgermitchell@utah.gov EFFECTIVE: 09/14/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40767.htm TRANSPORTATION ADMINISTRATION No. 40730 (5-year Review): R907-62. Americans with Disabilities Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The federal law that required the Department to promulgate this rule originally is still in effect. The Department must continue this rule to remain in compliance with federal law. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 09/02/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40730.htm PROGRAM DEVELOPMENT No. 40751 (5-year Review): R926-2. Evaluation of Proposed Additions to or Deletions from the State Highway System. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule satisfies the requirements established by Subsection 72-4- 102.5(7)(a), and this subsection of the Transportation Code is still enforceable law. The Department is justified in maintaining this rule so long as it is required by the Code. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 09/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40751.htm No. 40750 (5-year Review): R926-3. Class B and Class C Road Funds. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R926-3 remains necessary because it controls how cities and counties spend funds allocated to them from the Transportation Fund. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov - Michelle Jeronimo by phone at 801-965-3883, or by Internet E-mail at mjeronimo@utah.gov EFFECTIVE: 09/08/2016 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2016/20161001/40750.htm 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 Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 40589 (AMD): R156-11a.Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule Published: 08/01/2016 Effective: 09/08/2016 No. 40588 (AMD): R156-64.Deception Detection Examiners Licensing Act Rule Published: 08/01/2016 Effective: 09/08/2016 ENVIRONMENTAL QUALITY AIR QUALITY No. 40471 (NEW): R307-124.General Requirements: Conversion to Alternative Fuel Grant Program Published: 07/01/2016 Effective: 09/08/2016 GOVERNOR ECONOMIC DEVELOPMENT No. 40605 (AMD): R357-11.Technology Commercialization Innovation Program (TCIP) Published: 08/01/2016 Effective: 09/12/2016 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 40599 (AMD): R414-1-5.Incorporations by Reference Published: 08/01/2016 Effective: 09/15/2016 HUMAN SERVICES CHILD AND FAMILY SERVICES No. 40587 (REP): R512-10.Youth Mentor Program Published: 08/01/2016 Effective: 09/07/2016 MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 40603 (NEW): R628-10.Rating Requirements to Be a Permitted Depository Published: 08/01/2016 Effective: 09/07/2016 PUBLIC SAFETY FIRE MARSHAL No. 40601 (AMD): R710-2.Rules Pursuant to the Utah Fireworks Act Published: 08/01/2016 Effective: 09/13/2016 No. 40602 (AMD): R710-6.Liquefied Petroleum Gas Rules Published: 08/01/2016 Effective: 09/13/2016 No. 40598 (AMD): R710-7.Concerns Servicing Automatic Fire Suppression Systems Published: 08/01/2016 Effective: 09/13/2016 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 40557 (AMD): R986-100.Employment Support Programs Published: 07/15/2016 Effective: 10/01/2016 No. 40556 (AMD): R986-200-221.Drug Testing Requirements Published: 07/15/2016 Effective: 09/14/2016 No. 40555 (AMD): R986-700.Child Care Assistance Published: 07/15/2016 Effective: 10/01/2016 REHABILITATION No. 40591 (NEW): R993-100.Authority, Purpose and Administrative Review Published: 08/01/2016 Effective: 10/01/2016 No. 40592 (NEW): R993-200.Order of Selection Published: 08/01/2016 Effective: 10/01/2016 No. 40593 (NEW): R993-300.Certification Requirements for Interpreters for the Hearing Impaired Published: 08/01/2016 Effective: 10/01/2016 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 . <> ----------------------------