---------------------------- Utah State Digest, Vol. 2017, No. 7 (April 1, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed March 2, 2017, 12:00 AM through March 15, 2017, 11:59 PM Volume 2017, No. 7 April 1, 2017 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 https://rules.utah.gov/publications/utah- state-bull/. 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 https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ 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 *********************************************** SPECIAL NOTICES Notice of Intent to Allow Filings No. 41300 (Rule R307-335) and No. 41320 (Rule R307-304) to Lapse - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/sn158608.htm Annual Rebasing Update - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/sn158605.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between March 2, 2017, 12:00 a.m., and March 15, 2017, 11:59 p.m. are summarized in this, the April 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 1, 2017, issue of the Utah State Bulletin until at least May 1, 2017 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through July 30, 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. 41349 (Amendment): R156-38b. State Construction Registry Rule. SUMMARY OF THE RULE OR CHANGE: Subsection R156-38b-301(4)(b) is revised to correct a statutory citation. Sections R156-38b-505, R156-38b-506, and R156- 38b-507 are corrected, respectively, to Sections R156-38b-503, R156-38b-504, and R156-38b-505 to allow for sequential numbering in the rule. Section R156-38b-509 which addresses withdrawal of filings, and Subsection R156-38b- 702(c), which references a withdrawn filing, are deleted in their entirety. These deletions are required based on amendments made to Section 38-1a-501 by H.B. 42 (2014), which eliminated the filing "withdraw" function on the State Construction Registry. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: None of the proposed amendments apply to local government, so no impact on local government is anticipated by the Division. - SMALL BUSINESSES: No fiscal impact to small business is anticipated related to these changes. The amended language only makes formatting changes and adds clarification to practices that are already taking place in the industry. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No fiscal impact to other persons is anticipated related to these changes. The amended language only makes formatting changes and adds clarification to practices that are already taking place in the industry. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs for affected persons is anticipated related to these changes. The amended language only makes formatting changes and adds clarification to practices that are already taking place in the industry. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment updates the State Construction Registry Rule to comply with changes made by H.B. 42 (2014), and to make several formatting changes for clarification. Section R156-38b-509 and Subsection R156-38b- 702(c) are deleted in their entirety. These deletions are required based upon amendments made to Section 38-1a-501 by H.B. 42 (2014). That amendment eliminated the filing "withdrawal" function on the State Construction Registry. No fiscal impact to small business will result from these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tracy Naff by phone at 801-530-6225, by FAX at 801-530-6511, or by Internet E-mail at tnaff@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41349.htm No. 41348 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsections R156-55a-301(2) and R156-55a- 302b(5), the proposed amendment is a technical change of name for the National Radon Proficiency Program from NEHA-NRPP to AARST-NRPP. The entity has changed the name of the certificate it issues. In Subsection R156-55a- 303b(1)(a), the proposed amendment adds construction business practices to the list of courses that qualify as core continuing education. New Section R156-55a-303b(2)(i) allows live continuing education courses to be taught by live broadcast so long as the instructor and student can see and hear each other. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments apply only to licensed contractors. None of these amendments will affect local government; therefore, there is no cost or savings impact to local government. - SMALL BUSINESSES: Subsections R156-55a-301(2) and R156-55a-302b(5) include a technical change of name, which will not impact small business. Changes to Subsection R156-55a-303b(1) add construction business practices to the list of courses that qualify as core continuing education which is not anticipated to impact small business, except for indirect savings that may be experienced by some small business licensees who improve their business practices. The amount of savings cannot be estimated by the Division as it will vary depending on circumstances. The new Subsection R156-55a-303b(2)(i) allows live broadcast to count as live in-class attendance for continuing education credit, which will save some small business licensees the cost of traveling to a central location to obtain their required continuing education hours. This will be especially beneficial to small business licensees in remote, rural locations. The amount of savings cannot be estimated by the Division as it will vary depending on circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Subsections R156-55a-301(2) and R156-55a-302b(5) include a technical change of name, which will not impact other persons. Changes to Subsection R156-55a-303b(1) add construction business practices to the list of courses that qualify as core continuing education which is not anticipated to impact other persons, except for indirect savings that may be experienced by some licensees who improve their business practices. The amount of savings cannot be estimated by the Division as it will vary depending on circumstances. New Subsection 303b(2)(i) allows live broadcast to count as live in-class attendance for continuing education credit, which will save some licensees the cost of traveling to a central location to obtain their required continuing education hours. This will be especially beneficial to licensees in remote, rural locations. The amount of savings cannot be estimated by the Division as it will vary depending on circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: None of the proposed amendments are anticipated to have compliance costs for affected persons because the proposed amendments simply make technical changes and expand options for continuing education courses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule amendments make technical name changes and modify continuing education requirements as approved by the Construction Services Commission. The amendments to Subsections R156-55a-301(2) and R156-55a- 302b(5) change the designation of NEHA to AARST in seven separate locations in the rule. The amendment to Subsection R156-55a-303b(1)(a) adds "construction business practices" to the list of courses that qualify as core continuing education courses. The amendment to Subsection R156-55a- 303b(2)(i) allows continuing education courses to be taught by live broadcast, so long as the instructor and student can see and hear each other. The change to the first subsections has no fiscal impact. The last two changes will result in cost savings to small business. However, the amount of savings cannot be estimated, as it will vary depending on circumstances. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Rogers by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at crogers@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 04/26/2017 09:15 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41348.htm No. 41346 (Amendment): R156-76-501. Administrative Penalties - Unlawful Conduct. SUMMARY OF THE RULE OR CHANGE: Subsection R156-76-501(6) should state that citations shall not be issued for third offenses, except in extraordinary circumstances. However, the word "not" was inadvertently omitted. Accordingly. this filing adds the word "not" back into the rule for proper comprehension and execution. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendment applies only to licensed professional geologists and persons who may engage in unlicensed practice as a professional geologist. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendment applies only to licensed professional geologists and persons who may engage in unlicensed practice as a professional geologist. This typographical correction is expected to have a negligible impact, if any, on small business as it will only require small formatting changes to existing media. These will vary from business to business, so any cost cannot be estimated by the Division. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment applies only to licensed professional geologists and persons who may engage in unlicensed practice as a professional geologist. The amendment is not expected to have any impact on such persons as this formatting change is a typographical correction that brings the rule into compliance with existing practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment applies only to licensed professional geologists and persons who may engage in unlicensed practice as a professional geologist. The amendment is not expected to have any impact on such persons as this formatting change is a typographical correction that brings the rule into compliance with existing practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change merely constitutes the correction of a minor typographical error in the rule. Subsection R156-76-501(6) should state that citations shall not be issued for third offenses, except in extraordinary circumstances. However, the word "not" was inadvertently omitted. This rule amendment inserts the word "not" into the proper place in the rule. No fiscal impact to small business will result from this rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41346.htm REAL ESTATE No. 41350 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: New Section R162-2f-202d allows an associate broker or a sales agent (licensee) affiliated with a dual broker through a property management company to simultaneously provide both property management services and real estate sales services when the licensee has been designated as a property management sales agent by the dual broker with whom the licensee is affiliated. The designation requires the licensee to pay a designation fee to the division. A designated licensee may simultaneously provide both types of services but only through the property management company and the real estate sales services overseen by the dual broker. If a designated licensee later determines to affiliate with a principal broker who is not a dual broker or with a dual broker who does not approve of the property management sales agent designation, the licensee shall pay an additional fee to the division to remove the designation. In Section R162- 2f-207, the amendment allows a principal broker to notify an associate broker or sales agent (licensee) who is unavailable to sign or electronically affirm a change form that the broker has terminated the broker's affiliation with the licensee by sending the licensee an email through the Real Estate Licensing and Management System (RELMS). When notifying the licensee by an email through RELMS, the termination of affiliation is effective 10 days after the date that the email was sent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The division has the staff and budget in place to administer this proposed amendment. Staff time spent documenting and recording the designation will be offset by the one-time designation fee. It is not expected that the proposed amendment will have a significant effect on those resources or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the Real Estate Licensing and Practices rules. No fiscal impact to local government is expected from the proposed amendment. - SMALL BUSINESSES: The proposed amendment does not create new obligations for small businesses nor does it increase the cost associated with any existing obligation. No fiscal impact to small business is expected from the proposed amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities nor does it increase the cost associated with any existing obligation. No fiscal impact to persons other than small businesses, businesses, or local government entities is expected from the proposed amendment. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed rule amendment will allow a real estate sales agent who is affiliated with a dual broker through a property management company to be compensated for real estate sales services in addition to compensation received for property management services. There will be a one-time designation fee required of the sales agent. The amount of the fee has not been established but is expected to be $50 or less. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purposes of the new Section R162-2f-202d are to clarify the procedure for designating a sales agent as a property management sales agent, to clarify when a property management sales agent may simultaneously provide both property management services and real estate sales services, and to clarify when and how the property management sales agent designation is to be removed. The purpose of the amendment to Section R162-2f-201 is to clarify an additional means of notification that a broker may use to notify an associate broker or sales agent when the broker terminates affiliation with the associate broker or sales agent. No fiscal impact to small business will result from these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41350.htm EDUCATION ADMINISTRATION No. 41363 (Amendment): R277-211-6. Proposed Consent to Discipline. SUMMARY OF THE RULE OR CHANGE: The amendments to Section R277-211-6 provide a new requirement that a proposed consent to discipline includes a statement informing a respondent that information regarding the proposed letter of reprimand, suspension, or revocation may be included in an online licensing database available for public access. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: A new requirement to provide a statement is added to the rule, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: An additional requirement to provide a statement is added to the rule, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: An additional requirement to provide a statement is added to the rule, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: An additional requirement to provide a statement is added to the rule, 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: An additional requirement to provide a statement is added to the rule, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41363.htm No. 41364 (Repeal): R277-483. Persistently Dangerous Schools. SUMMARY OF THE RULE OR CHANGE: Rule R277-483 is repealed in its entirety because it is outdated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Rule R277-483 is repealed because of outdated requirements, which will likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Rule R277-483 is repealed because of outdated requirements, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Rule R277-483 is repealed because of outdated requirements, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Rule R277-483 is repealed because of outdated requirements, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R277-483 is repealed because of outdated requirements, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41364.htm No. 41365 (Amendment): R277-612. Foreign Exchange Students. SUMMARY OF THE RULE OR CHANGE: Changes to the rule include renumbering, replacing outdated terminology, and various other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Technical and conforming changes are made to the rule, 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: Technical and conforming changes are made to the rule, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41365.htm No. 41366 (Amendment): R277-615. Standards and Procedures for Student Searches. SUMMARY OF THE RULE OR CHANGE: Changes to the rule include renumbering, replacing outdated terminology, and making various other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to local government. - SMALL BUSINESSES: Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Technical and conforming changes are made to the rule, 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: Technical and conforming changes are made to the rule, which likely will not result in any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41366.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 41355 (Amendment): R307-101-3. Version of Code of Federal Regulations Incorporated by Reference. SUMMARY OF THE RULE OR CHANGE: This rule change updates the version of the Code of Federal Regulations (CFR) that is incorporated by reference throughout the Utah Air Quality rules. There was only one substantive change to any specific section of the CFR incorporated by this rule. The one change was to remove the recordkeeping and inventory requirements relating to tertiary butyl acetate (TBAC). A summary of every federal rule that is being incorporated by Section R307-101-3 can be found at http://www.deq.utah.gov/boards/airquality. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on the state budget because they are already federal law. - LOCAL GOVERNMENTS: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on local government because they are already federal law. - SMALL BUSINESSES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on small businesses because they are already federal law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on persons other than small businesses, businesses, or local government entities because the changes are already included in federal law that must be complied with. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for affected persons because any changes are already federal law that must be complied with. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Section R307-101-3 will not have a fiscal impact on Utah businesses. The changes in federal law will have to be complied with by Utah businesses regardless of whether the state incorporates them into its Air Quality rules. By incorporating the federal rules into state law, it makes the rules enforceable on a state level. It does not create additional requirements for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 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: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41355.htm No. 41356 (Amendment): R307-210. Stationary Sources. SUMMARY OF THE RULE OR CHANGE: This rule change updates the version of the Code of Federal Regulations (CFR) that is incorporated by reference throughout the Utah Air Quality rules. The rules that are being incorporated by reference include rules dealing with the new source performance standards (NSPS) required by the Clean Air Act. These changes include new standards for carbon dioxide (CO2) emissions from fossil fuel-fired electric generating units (EGUs). The changes also incorporate new standards for phosphoric acid manufacturing, which include numeric emission limits for previously unregulated fluoride emissions from calciners; work practice standards for hydrogen fluoride emissions; the removal of startup, shutdown, and malfunction exemptions; and revised recordkeeping requirements. These changes, along with other minor changes, are described in more detail at http://www.deq.utah.gov/boards/airquality. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on the state budget because they are already federal law. - LOCAL GOVERNMENTS: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on local government because they are already federal law. - SMALL BUSINESSES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on small businesses because they are already federal law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on persons other than small businesses, businesses, or local government entities because the changes are already federal law that must be complied with. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for affected persons because any changes are already federal law that must be complied with. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rule R307-210 will not have a fiscal impact on Utah businesses. Utah businesses will already have to comply with federal law, despite any changes made to the state rule. By incorporating the federal rules into state law, the rules become enforceable at the state level. It does not create additional requirements for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 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: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41356.htm No. 41357 (Amendment): R307-214. National Emission Standards for Hazardous Air Pollutants. SUMMARY OF THE RULE OR CHANGE: This rule change updates the version of the Code of Federal Regulations (CFR) that is incorporated by reference in Rule R307-214. The updated CFR changes are mostly minor changes that have no direct impact on Utah. The changes that do have an impact on Utah relate to different sources of hazardous air pollutants. These changes include new emissions standards; recordkeeping requirements; limitations on startup, shutdown, and malfunction operations; and new monitoring standards for HCl. A description of all of the changes to the federal rules can be found in the March Board packet: http://www.deq.utah.gov/boards/airquality/meetings.htm. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on the state budget because they are already federal law. - LOCAL GOVERNMENTS: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on local government because they are already federal law. - SMALL BUSINESSES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on small businesses because they are already federal law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule updates the version of the CFR that is incorporated into the Utah Air Quality Rules. None of the changes incorporated into the state rules will have an impact on persons other than small businesses, businesses, or local government entities because the changes are already federal law. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be no compliance costs for affected persons because any changes are already federal law that must be complied with. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rule R307-214 will not have a fiscal impact on Utah businesses. Utah businesses will already have to comply with federal law, despite any changes made to the state rule. By incorporating the federal rules into state law, the rules become enforceable at the state level. It does not create additional requirements for businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 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: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41357.htm PUBLIC SAFETY ADMINISTRATION No. 41369 (New Rule): R698-9. Utah Law Enforcement Memorial Support Restricted Account. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures for a charitable organization to apply to receive funds from the Utah Law Enforcement Memorial Support Restricted Account to be used to support the operation and maintenance of the Utah Law Enforcement Memorial. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account. - SMALL BUSINESSES: There is no anticipated cost or savings to the small businesses because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated compliance cost to persons because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the rule and find that the enactment of this rule will not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 07/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41369.htm EMERGENCY MANAGEMENT No. 41358 (Amendment): R704-3. Local Government Emergency Response Loan Program. SUMMARY OF THE RULE OR CHANGE: Renumbers the rule to correct mistakes made in original filing. Removes Subsection R704-3-9(3). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will not be an anticipated cost or savings to the state budget because the changes made to the rule are to correct numbering errors, and remove Subsection R704-3-9(3). - LOCAL GOVERNMENTS: There will not be an anticipated cost or savings to the local government because the changes made to the rule are to correct numbering errors, and remove Subsection R704-3-9(3). - SMALL BUSINESSES: There will not be an anticipated cost or savings to small businesses because the changes made to the rule are to correct numbering errors, and remove Subsection R704-3-9(3). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will not be an anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the changes made to the rule are to correct numbering errors, and remove Subsection R704-3-9(3). COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be an anticipated compliance cost for persons because the changes made to the rule are to correct numbering errors, and remove Subsection R704-3-9(3). 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 businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 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 - Tara Behunin by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at tarabehunin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41358.htm HIGHWAY PATROL No. 41359 (Repeal and Reenact): R714-162. Equipment Standards for Heavy Vehicle, Trailer and Bus Safety Inspections. SUMMARY OF THE RULE OR CHANGE: In Rule R714-162, the catchline has been changed from "Equipment Standards for Heavy Truck, Trailer and Bus Safety Inspections" to "Equipment Standards for Heavy Motor Vehicle, Trailer and Bus Safety Inspections". In Section R714-162-1, the statutory reference to Subsection 41-6a-1601(2) has been added as one of the references giving authorization to the rule. In Section R714-162-2, the term "heavy motor vehicle" replaces "heavy truck". The reference to Section 53-8-204 has been added. In Section R714-162-3, the catchline has been changed from "Inspection Procedures" to "Definitions". It states that terms used in this rule are found in Sections 41-1a-102 and 41-6a-102, and 49 CFR 571, et seq. Ten definitions have been added, including a new definition for the "acute area" of a windshield. This definition is taken from the Federal Motor Carrier Safety Regulations, Appendix G to Subchapter B of Chapter III-Minimum Periodic Inspection Standards. In Section R714-162-4, the catchline has been changed from "Equipment Requirements" to "Incorporation of Federal Motor Vehicle Safety Standards." Also, this section now incorporates by reference 49 CFR Parts 393, 396, and 396 Appendix, which include a standard that the stroke be measured with the engine off and a reservoir pressure of 80 to 90 psi instead of 90 to 100 psi. It states, "This rule incorporates by reference the standards found in 49 CFR Parts 393, 396, and 396 Appendix G as the minimum standards a motor vehicle must meet to pass a safety inspection under this rule." In Section R714-162-5, the catchline has been changed from "Registration" to "Applicability of Rule." In Section R714-162-6, the catchline has been changed from "Tires and Wheels" to "Inspection Procedures." In Section R714-162-7, the catchline has been changed from "Steering Alignment and Suspension" to "Registration." In Section R714-162- 8, the catchline has been changed from "Coupling Devices" to "Tires and Wheels." Tires on axles other than the steering axle can be rejected if the tire has a boot, blowout patch, or other ply repairs that are substandard and not identified by a triangular label in the immediate vicinity. A rim or ring can now be rejected if it is improperly sealed. Wheel nuts, studs, or clamps can be rejected if they are cracked, stripped or otherwise ineffective. In Section R714-162-9, the catchline has been changed from "Brakes" to "Steering Alignment and Suspension." Excessive play in the steering wheel on vehicles with power steering must be checked with the engine running. The reject criteria for steering wheel lash 19- and 21-inch steering wheels have been added. Missing spokes on a steering wheel is now a reject. Measuring with hand pressure only was added to the rejection criteria for measuring motion between any linkage member and its attachment point of more than 1/8 inch. It is a reject if one or more leaves are displaced in a manner that could result in contact with a tire, rim, brake drum, or frame. The information about lateral axle displacement after a turn has been removed. It is not a reject when there is a loose bushing in the torque or track rods. It is a reject if wheel bearing free play or kingpin looseness exceeds OEM specifications. In Section R714-162-10, the catchline has been changed from "Electrical Systems" to "Coupling Devices." The inspection of saddle mounts has been added along with conditions for rejection. In Section R714-162-11, the catchline has been changed from "Lighting System" to "Brakes." A check to ensure the vehicle is in installed with the required brakes has been added. The sentence requiring replacement of a brake ling or pad that has been contaminated has been removed. It is still a reject and would have to be replaced. Measurements on brake lining cracks have been added. It is a reject if a crack exceeds 1-1/2 inches in length, has a crack or void that exceeds 1/16 inch observable from the edge of the lining. The information about brake chambers utilizing long stroke push rods being allowed a greater maximum stroke at which brakes should be readjusted has been removed. If a rotor has an external crack or any crack that opens upon brake actuation, it is now a reject. Thermoplastic nylon brake hose wording has been removed and now indicates that if there is a color difference between the cover and inner tube, it is a reject. The indication of a correct new pressure fitting being allowed to a brake hose has been removed. This would be acceptable, but doesn’t need to be in the rule. Low pressure warning device reject criteria has been changed to include a reject if the device does not operate at 55 psi and below or 1/2 the governor cutout pressure, whichever is less. A cracked mounting bracket, brace, or adapter on a tractor protection valve or device on a power unit is now a reject. Fluid lines that are leaking, restricted, crimped, cracked or broken are no longer identified as being only hoses or tubes. In Section R714-162-12, the catchline has been changed from "Exhaust System" to "Electrical System." The example of a bungee cord as a temporary repair for battery securement has been removed. In Section R714-162-13, the catchline has been changed from "Fuel System" to "Lighting System." The statement that all original equipment lights must be operational has been removed. The requirement that, "Fog driving lights or Auxiliary Headlight(s) OEM are not white or yellow in color, or are not properly aimed to four (4) inches or less left to right and four (4) inches or less up to down or do not operate on a separate switch," has been changed. It is now a reject if "fog driving lights are not white or yellow in color or are not properly aimed or do not operate on a separate switch." It is a reject if back up lights on trailers (if present) are not white or are on when the vehicle is moving forward. It is now a reject if any required light, reflector, or retro reflective sheeting is not present, does not light properly, is not the proper height, is not the proper color, or is not in the proper location as listed in Part 393 of the Federal Motor Carrier Safety Regulations. In Section R714-162-14, the catchline has been changed from "Vehicle Interior" to "Exhaust System." It is a reject if there is any exhaust leaking at a point forward of or directly below the driver or sleeper compartment. It is a reject if the exhaust system is located where it will burn, char, or damage any electrical wiring, the fuel supply, or any combustible part of the motor vehicle. Drain holes installed by the manufacturer on an exhaust system are not a reject. It is a reject if any element of the exhaust system is not securely fastened or is secured in a manner that is likely to fail, such as securing the tail pipe with rope. It is a reject if a tailpipe is severely bent or broken. The following notice has been removed: "On some larger vehicles such as school buses, the extremely long piping system requires the use of flexible "slip" joints to allow for expansion and contraction. These are designed not to leak when warm." In Section R714-162-15, the catchline has been changed from "Vehicle Exterior" to "Fuel System." The admonition that an ASME container should be visually inspected each time it is filled has been removed. Inspectors are not necessarily the ones that fill the containers. Wording that states that a tank installed in the bed of a truck must be protected with a shield over the top and down any exposed sides has been removed. The requirement that a tank be shielded to protect it covers this. Information about a CNG fuel container being inspected after a motor vehicle accident or fire and at least every 36 months or 36,000 miles has been removed. This is the responsibility of the CNG tank inspector or owner. The safety inspector verifies the inspection for a certified CNG tank inspector has been done. The warning about a safety inspector doing maintenance or altering an alternative fuel system has been removed. In Section R714-162- 16, the catchline has been changed from "Windows and Glazing" to "Vehicle Interior." Loose or sagging frame components are now a reject. Any condition, including loading, that causes the body or frame to be in contact with a tire or any part of the wheel assemblies is now a reject. Adjustable axle assemblies or sliding sub-frames with locking pins missing or not engaged are now a reject. Information that all vehicles are required to have a working odometer in order to be registered in Utah has been removed. In Section R714-162-17, the catchline has been changed from "Safe Loading" to "Vehicle Exterior." The reject criteria for engine or transmission sagging to the point where you hear the mount bottom out has been changed to the engine or transmission is sagging to the point where the mount bottoms out. In Section R714-162-18, the catchline has been changed from "School Bus" to "Windows and Glazing." The reject criteria for a damaged windshield has been changed to reflect FMCSA standards. As noted above, the definition of the acute area of a windshield has also changed to reflect FMCSA standards. It is a reject if a crack intersects with another crack within the acute area; if there is any damage within the acute area that cannot be covered by a disc 3/4 inch in diameter, or if there is any damage in the acute area that is within three inches of any other damage in the acute area. The information regarding Federal Motor Carrier Safety Regulations no allowing front left and right side windows to be tinted darker than 70% has been removed. This is still a regulation and a reject if violated. In Section R714-162-19, the catchline is "Safe Loading." Rails, support frames, tiedown bolsters, locking pins, clevises, clamps, and hooks listed as container securement devices on intermodal equipment have been removed. The reject criteria now refers simply to container securement devices on intermodal equipment. If a vehicle does not have a front-end structure or equivalent device as required, to protect against shifting cargo, it is now a reject. In Section R714-162- 20, the catchline is "School Bus". The old rule stated that an aisle that does not have the required clearance is a reject. That has been changed so that an aisle that is not clear of obstructions is a reject. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be an anticipated cost to the state budget. Additional employees, equipment, or resources for the Utah Highway Patrol Safety Inspection program are not needed to implement this rule. Some of the changes to this rule may require state-owned vehicles to be repaired because of a rejected component, which may incur an expense. Any training time needed for inspectors employed by state government to familiarize themselves with the changes to this rule may incur an expense. Any purchase of equipment needed to conduct inspections consistent with changes to this rule may incur an expense for state government entities that inspect these types of vehicles. The cost would be based on the type of repair needed. - LOCAL GOVERNMENTS: There may be an anticipated cost to local government. Some of the changes to this rule may require local government owned vehicles to be repaired because of a rejected component, which may incur an expense. Any training time needed for inspectors employed by local governments to familiarize themselves with the changes to this rule may incur an expense. Any purchase of equipment needed to conduct inspections consistent with changes to this rule may incur an expense for local governments that inspect these types of vehicles. The cost would be based on the type of repair needed. - SMALL BUSINESSES: The change in the windshield damage standard may affect businesses that repair or replace windshields. Overall, the standard allows for more damage to a windshield before it is rejected. This change may decrease the number of windshields replaced by businesses engaged in auto glass repair/replacement industry. Any training time needed by employees of small businesses to familiarize themselves with the changes to this rule may incur an expense. Any purchase of equipment needed to conduct inspections consistent with changes to this rule may incur an expense for small businesses. In addition, any small business that owns a heavy truck, trailer, or bus that fails a safety inspection may incur a cost to repair the vehicle in order to register and operate the vehicle legally. The cost would be based on the type of repair needed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Some of the changes to this rule may require a vehicle owner to eventually repair the rejected item. For example, if wheel bearing free play is beyond OEM specifications, the condition will need to be repaired before the vehicle can receive a passing safety inspection. The cost would be based on the type of repair needed. COMPLIANCE COSTS FOR AFFECTED PERSONS: The cost to comply with a rejected safety inspection item will depend on what was rejected. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this amendment and find that the rule change could affect businesses that own a heavy truck, trailer, or bus that fail a safety inspection and is required to be repaired before the vehicle may be registered and operated. The cost would be dependent on the type of repair necessary for passage of the vehicle inspection. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Willmore by phone at 801-965-4889, or by Internet E-mail at gwillmor@utah.gov - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41359.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41337 (Amendment): R746-200-7. Termination of Service. SUMMARY OF THE RULE OR CHANGE: Presently, Section R746-200-7 requires utilities to send initial termination notices by first class mail or personal delivery, including notices to those customers who have expressed a preference for and opted into a paperless electronic billing program. The amendment allows the initial notice to be sent electronically to customers who participate in paperless billing. The rule will continue to require notice 48 hours before termination and that notice will not be eligible for electronic delivery. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed rule changes should not result in any costs to the state because the state does not bear the cost of sending termination notices, but the rule change is expected to result in cost savings to utilities that offer paperless billing. - LOCAL GOVERNMENTS: The rule applies to utilities in Utah. Local governments operating utilities are already expected to operate pursuant prudent and customary industry standards. No anticipated costs are expected. - SMALL BUSINESSES: The rule applies to operators of utilities, and no impact on small business is anticipated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule applies to utilities in Utah, and no effects on persons other than utilities are anticipated. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons are not expected; the amendment is expected to result in cost savings for utilities that offer paperless billing. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule change should not result in any additional costs on utilities or any other business. To the extent the amendment has any impact on utilities' costs, it is anticipated the change will result in cost savings. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41337.htm VETERANS' AND MILITARY AFFAIRS ADMINISTRATION No. 41351 (Amendment): R978-1. Rule Governing Veterans' Affairs. SUMMARY OF THE RULE OR CHANGE: References to "stand down" are eliminated. The nursing home bid process is placed under state purchasing rules. Private burial fees in the Veterans cemetery are tied to the Federal Veterans Affairs burial reimbursement rate adjusted annually. The Veterans Voice publication and other communications can be electronic. Additional state benefits for veterans are listed. The department's role in military affairs is expanded. Board appointments and meeting requirements are clarified, and boards are allowed to have members participate electronically. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be very minor cost savings for board members' travel reimbursements if they participate electronically. No other cost impact is anticipated because of these changes. - LOCAL GOVERNMENTS: There is no impact because local governments do not fall under the purview of the rule. - SMALL BUSINESSES: There is no impact to small business. The amendments outline benefits to veterans and meeting requirements for boards; they do not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments outline benefits to veterans that the department will assist in obtaining; they do not impose any requirements on veterans. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments outline benefits to veterans that the department will assist in obtaining; they do not impose any requirements on veterans. Changes to board meeting participation (allowing electronic participation) has no compliance cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed and analyzed the rule carefully to assess potential fiscal impacts to businesses and have concluded that there are no readily identifiable fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Harter by phone at 801-326-2372, or by Internet E-mail at gharter@utah.gov - W. Todd Hansen by phone at 801-584-1914, by FAX at 801-584-1916, or by Internet E-mail at wthansen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41351.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends May 1, 2017. From the end of the 30-day waiting period through July 30, 2017, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. ENVIRONMENTAL QUALITY AIR QUALITY No. 41100 (Change in Proposed Rule): R307-841. Residential Property and Child-Occupied Facility Renovation. SUMMARY OF THE RULE OR CHANGE: A sentence found in Subsection R307-841- 8(1)(e) that attempted to provide a year-long grace period for re- certification has been removed. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the January 1, 2017, issue of the Utah State Bulletin, on page 50. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This change will result in no costs or savings to the state. It does not create any additional duty for the state. It merely ensures that the state rule matches already existing federal requirements. - LOCAL GOVERNMENTS: This change will result in no costs or savings to local governments. It does not create any additional duty for local governments. It merely ensures that the state rule matches already existing federal requirements. - SMALL BUSINESSES: This change will result in no costs or savings to small businesses. It does not create any additional duty for small businesses. It merely ensures that the state rule matches already existing federal requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change will result in no costs or savings to "other persons." It does not create any additional duty for persons other than small businesses, businesses, or local government entities. It merely ensures that the state rule matches already existing federal requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: This change will not result in any compliance costs for affected persons because it is merely aligning the state rule with already existing federal requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will not have a fiscal impact on businesses because it is merely aligning the state rule with already existing federal requirements. 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: 05/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41100.htm No. 41101 (Change in Proposed Rule): R307-842. Lead-Based Paint Activities. SUMMARY OF THE RULE OR CHANGE: The rule change takes out language that stated that lead-based paint workers and project designers were not required to take a director exam to become re-certified. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the January 1, 2017, issue of the Utah State Bulletin, on page 53. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This change will result in no costs or savings to the state budget. It does not create any additional duty for the state. It merely ensures that the state rule matches already existing federal requirements. - LOCAL GOVERNMENTS: This change will result in no costs or savings to local governments. It does not create any additional duty for local governments. It merely ensures that the state rule matches already existing federal requirements. - SMALL BUSINESSES: This change will result in no costs or savings to small businesses. It does not create any additional duty for small businesses. It merely ensures that the state rule matches already existing federal requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change will result in no costs or savings to "other persons." It does not create any additional duty for persons other than small businesses, businesses, or local government entities. It merely ensures that the state rule matches already existing federal requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: This change will not result in any compliance costs for affected persons because it is merely aligning the state rule with already existing federal requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will not have a fiscal impact on businesses because it is merely aligning the state rule with already existing federal requirements. 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: 05/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41101.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 https://rules.utah.gov/publications/utah-adm- code/. 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. AGRICULTURE AND FOOD REGULATORY SERVICES No. 41344 (5-year Review): R70-530. Food Protection. 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 adopts the Food Code which is issued by the Food and Drug Administration to protect the food supply in a retail environment. It contains the regulation on how food is to be handled and prepared. Additionally it contains the standards for cleanliness and sanitation for the facility as well as the workers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov - Travis Waller by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at twaller@utah.gov EFFECTIVE: 03/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41344.htm CORRECTIONS ADMINISTRATION No. 41338 (5-year Review): R251-106. Media Relations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to define the Utah Department of Corrections' (UDC) policy under which persons representing the news media shall be allowed access to correctional institutions, inmates, and other supervised offenders. It is also intended to define UDC actions when a need exists for the safeguarding of information. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Lucy Ramirez by phone at 801-545-5616, or by Internet E-mail at lramirez@utah.gov EFFECTIVE: 03/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41338.htm EDUCATION ADMINISTRATION No. 41360 (5-year Review): R277-479. Charter School Special Education Student Funding Formula. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-479 continues to be necessary because it establishes standards and procedures for charter school special education student funding. Therefore, the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 03/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41360.htm No. 41361 (5-year Review): R277-612. Foreign Exchange Students. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-612 continues to be necessary because it provides standards and procedures for foreign exchange students to be counted for state funding and for protecting foreign exchange students. Therefore, the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 03/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41361.htm No. 41362 (5-year Review): R277-615. Standards and Procedures for Student Searches. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-615 continues to be necessary because it provides standards and procedures for LEAs to use when adopting policies on student searches. Therefore, the rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 03/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41362.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 41367 (5-year Review): R392-502. Hotel, Motel, and Resort Sanitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-502 is recommended by the Department. This rule is required by statute and establishes a minimum set of sanitation, maintenance, and operation standards that a hotel, motel, or resort can meet to protect the health and safety of patrons, to control infestations of insects and rodents, and to ensure that rooms and bedding are maintained in a clean and sanitary condition. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 03/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41367.htm No. 41368 (5-year Review): R392-510. Utah Indoor Clean Air Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: A report in 2006 by the U.S. Surgeon General concluded that there is no risk- free level of exposure to secondhand tobacco smoke and that the implementation of smoke-free laws is the most effective way to reduce this exposure to the public (see Reference 1). Research shows that the effective implementation of smoke-free regulations improves the health of workers and individuals. It has been found that among workers smoke-free laws reduce respiratory disease symptoms (see Reference 2) and that among the general population these laws: decrease the morbidity rates of those with heart disease (see Reference 2); decrease the incidence of heart attacks and stroke (see Reference 3); decrease respiratory disease; and reduce hospital admissions (see Reference 4). Many of these health benefits are seen shortly after the smoke-free regulations are put into place (see References 1 through 5). The more comprehensive the smoke-free law the greater the decrease in negative health events (see Reference 4). The American Lung Association has rated the Utah Indoor Clean Air Regulation as an "A" grade because of breadth of places that are included in the law; all places of public access (see Reference 7). The exemptions to the indoor clean air regulation are few and set to expire. Though allowed legally, Salt Lake City has closed the smoking rooms at the international airport and the allowance of hookah bars and e- cigarette sampling is set to sunset in 2017. Though there is still room for improvement the Utah indoor clean air regulations should be considered a model smoke-free policy. The rule that is a part of the Utah Indoor clean air regulation is: 1) required by statute and 2) strengthens the statute. Section 26-15-12 states that the department of health "…shall adopt rules necessary and reasonable to implement the provisions of Title 26, Chapter 38, Utah Indoor Clean Air Act." Rule R392-510 is the health department's fulfillment of its legal obligation. Rule R392-510 adds to the statue by providing details on what the legal requirements are of those who have responsibility over places of public access. This includes proper signage, enforcement, protection for claimants, and specific cases where the law does and does not apply. The Utah Department of Health recommends the continuation of Rule R392-510. Not only is the department obligated by law to implement such a rule, Rule R392-510 is a model policy that protects the health of Utahns and its visitors from secondhand tobacco smoke. REFERENCE 1: Office on Smoking and Health (US). The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Atlanta (GA): Centers for Disease Control and Prevention (US); 2006 -- https://www.ncbi.nlm.nih.gov/books/NBK44324/. REFERENCE 2: International Agency for Research on Cancer (IARC). IARC Handbooks of Cancer Prevention, Tobacco Control, Vol. 13: Evaluating the Effectiveness of Smoke-Free Policies; 2009 -- http://www.iarc.fr/en/publications/pdfs- online/prev/handbook13/handbook13-0.pdf. REFERENCE 3: Institute of Medicine. Secondhand Smoke Exposure and Cardiovascular Effects: Making Sense of the Evidence. Washington: The National Academies Press, 2010 -- https://www.nap.edu/catalog/12649/secondhand-smoke-exposure-and- cardiovascular-effects-making-sense-of-the. REFERENCE 4: Tan CE, Glantz SA. Association Between Smoke-Free Legislation and Hospitalizations for Cardiac, Cerebrovascular, and Respiratory Diseases: A Meta-Analysis. Circulation 2012; 126:2177–83. REFERENCE 5: Hahn EJ. Smoke-free Legislation: A Review of Health and Economic Outcomes Research. American Journal of Preventive Medicine 2010; 39(6S1):S66–S76. REFERENCE 6: Goodman PG, Haw S, Kabir Z, Clancy L. Are There Health Benefits Associated With Comprehensive Smoke-Free Laws? International Journal of Public Health 2009; 54:367–78. REFERENCE 7: American Lung Association. State of Tobacco Control 2016; Utah. 2016 -- http://www.lung.org/our-initiatives/tobacco/reports- resources/sotc/#smokefree-air DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 03/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41368.htm HERITAGE AND ARTS HISTORY No. 41341 (5-year Review): R455-1. Adjudicative Proceedings. 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 provides procedures for any person aggrieved by a decision by the Division of State History to petition the Board of State History for the submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules, and orders governing or issued by the agency. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov EFFECTIVE: 03/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41341.htm No. 41342 (5-year Review): R455-12. Computerized Record of Cemeteries, Burial Locations and Plots, and Granting Matching Funds. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 9-8-203(3)(c) is still a requirement. Dozens of cemeteries annually apply for matching grants to computerize their records. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alycia Aldrich by phone at 801-245-7226, by FAX at 801-533-3503, or by Internet E-mail at aaldrich@utah.gov EFFECTIVE: 03/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41342.htm INSURANCE ADMINISTRATION No. 41345 (5-year Review): R590-262. Health Data Authority Health Insurance Claims Reporting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule allows insurance claim and medical data to be collected by the Utah Department of Health that will be shared with and utilized by the Clinical Health Information Index (CHIE) and the state's All-Claims Database. This data is helpful in identifying trends in health care costs, developing shopping tools, informing health care providers of ongoing health care needs, and assisting with numerous research projects both locally and nationally. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 03/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41345.htm NATURAL RESOURCES PARKS AND RECREATION No. 41347 (5-year Review): R651-410. Off-Highway Vehicle Safety Equipment. 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 requires a specific piece of safety equipment for any off-highway vehicle (OHV) that is operated within identified riding areas of three specific sand dunes within Utah. This rule has assisted in reducing accidents and injuries associated with off-highway vehicle operation in these three specific sand dune areas. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 03/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41347.htm WILDLIFE RESOURCES No. 41353 (5-year Review): R657-27. License Agent 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 R657-27 provides the application procedures, standards, and requirements for wildlife license agents. The Division of Wildlife Resources (DWR) oversees 300+ license agents. This rule is required to keep consistency among the agents and to ensure they are following Wildlife guidelines with the issuance of hunting licenses and permits. Continuation of this rule is necessary for continued success of this program. 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 EFFECTIVE: 03/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41353.htm No. 41352 (5-year Review): R657-50. Error Remedy. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-50 provides the Division of Wildlife Resources (DWR) with a guideline for identifying and correcting errors that are made through out the division programs. This rule provides standards and criteria for resolving errors. Continuation of this rule is necessary for continued success of the division. 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 EFFECTIVE: 03/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41352.htm PUBLIC SAFETY FIRE MARSHAL No. 41343 (5-year Review): R710-8. Day Care Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Not only does the State Fire Code allow for the protection of day care facilities, it also is in harmony with the Day Care Rules of the Utah State Health Department which also has rules pertaining to the protection of life and related issues at daycare facilities (see Health rules under Title R381). It is critical that these two sets of rules are compatible as specific amendments are adopted in statute for the fire code to be compatible with the health code. Therefore, this rule should be continued. 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 - Ted Black by phone at 801-284-6352, or by Internet E-mail at tblack@utah.gov EFFECTIVE: 03/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170401/41343.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. ADMINISTRATIVE SERVICES FINANCE No. 41147 (AMD): R25-7.Travel-Related Reimbursements for State Employees Published: 02/01/2017 Effective: 03/10/2017 AGRICULTURE AND FOOD HORSE RACING COMMISSION (UTAH) No. 41102 (AMD): R52-7.Horse Racing Published: 01/01/2017 Effective: 03/06/2017 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41169 (AMD): R156-46b-202.Informal Adjudicative Proceedings Published: 02/01/2017 Effective: 03/13/2017 CRIME VICTIM REPARATIONS ADMINISTRATION No. 41142 (AMD): R270-1-20.Medical Awards Published: 02/01/2017 Effective: 03/10/2017 EDUCATION ADMINISTRATION No. 41188 (AMD): R277-417.Prohibiting LEAs and Third Party Providers from Offering Incentives or Reimbursements for Enrollment or Participation Published: 02/01/2017 Effective: 03/14/2017 No. 41189 (AMD): R277-507-3.Endorsement Requirements Published: 02/01/2017 Effective: 03/14/2017 No. 41190 (AMD): R277-702.Procedures for the Utah High School Completion Diploma Published: 02/01/2017 Effective: 03/14/2017 No. 41191 (NEW): R277-717.High School Course Grading Requirements Published: 02/01/2017 Effective: 03/14/2017 No. 41192 (NEW): R277-801.Services for Students with Sensory Impairments Published: 02/01/2017 Effective: 03/14/2017 ENVIRONMENTAL QUALITY AIR QUALITY No. 41099 (AMD): R307-125.Clean Air Retrofit, Replacement, and Off-Road Technology Program Published: 01/01/2017 Effective: 03/03/2017 DRINKING WATER No. 40769 (CPR): R309-535-5.Fluoridation Published: 12/15/2016 Effective: 03/07/2017 No. 40769 (AMD): R309-535-5.Fluoridation Published: 10/01/2016 Effective: 03/07/2017 GOVERNOR CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON) No. 41182 (NEW): R356-3.Electronic Meetings Published: 02/01/2017 Effective: 03/13/2017 INSURANCE ADMINISTRATION No. 41172 (AMD): R590-262.Health Data Authority Health Insurance Claims Reporting Published: 02/01/2017 Effective: 03/10/2017 NATURAL RESOURCES PARKS AND RECREATION No. 41154 (AMD): R651-215-8.River Throw Bag in Lieu of Type IV PFD Published: 02/01/2017 Effective: 03/10/2017 WILDLIFE RESOURCES No. 41153 (AMD): R657-9.Taking Waterfowl, Wilson's Snipe and Coot Published: 02/01/2017 Effective: 03/13/2017 No. 41149 (REP): R657-16.Aquaculture and Fish Stocking Published: 02/01/2017 Effective: 03/13/2017 No. 41148 (AMD): R657-38.Dedicated Hunter Program Published: 02/01/2017 Effective: 03/13/2017 No. 41150 (AMD): R657-59.Private Fish Ponds Published: 02/01/2017 Effective: 03/13/2017 No. 41151 (AMD): R657-60.Aquatic Invasive Species Interdiction Published: 02/01/2017 Effective: 03/13/2017 No. 41152 (AMD): R657-62.Drawing Application Procedures Published: 02/01/2017 Effective: 03/13/2017 NAVAJO TRUST FUND TRUSTEES No. 40892 (AMD): R661-3.Utah Navajo Trust Fund Residency Policy Published: 11/15/2016 Effective: 03/14/2017 No. 40893 (AMD): R661-6.Utah Navajo Trust Fund Higher Education Financial Assistance and Scholarship Program Published: 11/15/2016 Effective: 03/14/2017 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41116 (NEW): R746-1.Public Service Commission Administrative Procedures Act Rule Published: 01/15/2017 Effective: 03/06/2017 No. 41115 (REP): R746-100.Practice and Procedures Governing Formal Hearings Published: 01/15/2017 Effective: 03/06/2017 REGENTS (BOARD OF) ADMINISTRATION No. 40915 (REP): R765-606.Utah Leveraging Educational Assistance Partnership Program Published: 11/15/2016 Effective: 03/14/2017 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 41171 (AMD): R986-700-706.Provider Rights and Responsibilities Published: 02/01/2017 Effective: 04/01/2017 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 https://rules.utah.gov/researching/ . <> ----------------------------