---------------------------- Utah State Digest, Vol. 2017, No. 8 (April 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed March 16, 2017, 12:00 AM through March 31, 2017, 11:59 PM Volume 2017, No. 8 April 15, 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 for May 2017 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/sn158620.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Declaring a State of Emergency Due to Flooding and Potential Additional Flooding, Utah Exec. Order No. 2017-2 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc158666.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 16, 2017, 12:00 a.m., and March 31, 2017, 11:59 p.m. are summarized in this, the April 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 15, 2017, issue of the Utah State Bulletin until at least May 15, 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 August 13, 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. HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 41381 (Amendment): R392-302. Design, Construction and Operation of Public Pools. SUMMARY OF THE RULE OR CHANGE: Definitions for AED, Backwash, Collection Zone, CPR, Onsite Septic System, and Waste Water have been added. References to many standards and applicable rules have been updated. A new Section R392-502-34 has been created, with correlating references throughout this rule, to standardize the size and text of required signage. A statement requiring public pools to meet the requirements of Rule R392-302 has been added. Approved backflow preventers may be used instead of air gaps for the water supply. Section R392-302-5 has been renamed "Waste Water" and now allows for alternate methods of discharging water that is not backwash. Plan review requirements have been expanded to include a requirement that plans be stamped by an engineer licensed in the state of Utah; construction may only begin after a review of the plans has been completed; reviews must be completed within 30 days of submittal; plans will have to be changed to meet the review criteria. This change also requires manufactured components to be installed according to manufacturer's recommendations. Requirements for underwater seats, benches, and footholds have been clarified. Language has been added for local health departments to allow decks to slope towards a pool under certain circumstances. Section R392-502-14 is renamed "Fencing and Barriers" and has been changed to address safety and exclusion of bathers when a portion of a facility is closed but accessible to the public. This replaces language concerning a separation of bathing and non-bathing areas that is no longer relevant for current pool design standards. Requirements for chlorine dosing and generating equipment have been set. In Section R392- 502-24, the reference to fixtures has been taken out and moved to Section R392-502-25 as it does not apply to Section R392-502-24. Dressing rooms are now required to have at least one covered waste receptacle. The requirement for dressing rooms to exit to the shallowest area of the pool has been removed. Section R392-502-25 has been renamed "Restroom and Shower Facilities" and makes clear that restrooms and showers must be provided for each gender and that privacy shall be ensured. The use of unisex facilities are addressed and will count towards the total number of required fixtures. Hand drying utilities are now required at lavatories. Operators are required to keep facilities clean and sanitary. The characteristics of materials used in construction are listed, including the exclusion of the use of carpet. Maximum chlorine level has been set and all products shall be used according to the product label. Relevant emergency telephone numbers may be posted instead of a specific list. Lifeguard training standards have been updated and clarified. In Subsection R392-502-25(4), "may" is changed to "shall" as clarification of the intent of the original language. Subsection R392-502- 25(7)(f) is moved to (7)(e) and reworded for clarification. Children aged 14 and under shall not use a pool without responsible adult supervision. Children under five years of age shall not use a spa. In Subsection R392- 502-31(2)(h) an exception is now allowed to the deck and pool separation requirements as long as the top surface of the common pool side wall does not exceed 18 inches. The requirements for Subsection R392-302-31(5)(f) signs at slides has been changed to be more comprehensive and to allow variation from slide to slide as not all slides are the same. Signage for interactive water features is required. The exemptions of interactive water features has been changed so that if outlets are submerged, they are not exempt from meeting Subsection R392-302-18(1) (VGB requirements). Other exemptions have been expanded to include the following requirements: restroom and cleansing showers; diving areas; depth markings; underwater lighting; supervision of bathers; bather load; and pool color. The definition of a collection zone is introduced. Construction and design requirements of the collection zone are added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings at the state level because the role and work load of the Department of Health in rule management and inspection standardization will not change. Any costs or savings not anticipated will come out of existing budgets. - LOCAL GOVERNMENTS: There are no anticipated costs or savings for local health departments because the role and work load of those agencies in collecting fees, conducting sanitation inspections, and issuing certificates is based on the number of operating pools, which is not influenced by these changes. Regarding cities, counties, public school districts, these changes will apply to new construction or remodeling of existing pools. Public pool sizes range from the 500 to 9,600 square feet. These proposed changes are estimated to increase construction and remodeling costs by 1% to 3% or $145 to $165 per square feet. The range of construction costs are estimated to be $90,625 (625 sq ft * $145 / sq ft) to $1,584,000 ($165 sq ft * 165 / sq ft). The individual local government increased costs are anticipated to be $907 ($90,625 * 1%) up to $47,520 ($1,584,000 * 3%) for cities, counties, and school districts planning on constructing or remodeling a public swimming pool. - SMALL BUSINESSES: These changes will apply to new construction or remodeling of existing pools. Public pool sizes range from the 500 to 9,600 square feet. These proposed changes are estimated to increase construction and remodeling costs by 1% to 3% or $145 to $165 per square feet. The range of construction costs are estimated to be $90,625 (625 sq ft * $145 / sq ft) to $1,584,000 ($165 sq ft * 165 / sq ft). The individual business increased costs are anticipated to be $907 ($90,625 * 1%) up to $47,520 ($1,584,000 * 3%) for small businesses planning on constructing or remodeling a public swimming pool. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These changes will apply to new construction or remodeling of existing pools. Public pool sizes range from the 500 to 9,600 square feet. These proposed changes are estimated to increase construction and remodeling costs by 1% to 3% or $145 to $165 per square feet. The range of construction costs are estimated to be $90,625 (625 sq ft * $145 / sq ft) to $1,584,000 ($165 sq ft * 165 / sq ft). The individual business increased costs are anticipated to be $907 ($90,625 * 1%) up to $47,520 ($1,584,000 * 3%) for large businesses planning on constructing or remodeling a public swimming pool. COMPLIANCE COSTS FOR AFFECTED PERSONS: The individual increased costs are anticipated to be $907 ($90,625 * 1%) up to $47,520 ($1,584,000 * 3%) for persons planning on constructing or remodeling a public swimming pool. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments update the construction and operation of pools to address innovations in safety. The proposed language requires plans to include the stamp of a licensed engineer and governs timing of the plan review and construction. The amendment will now allow backflow preventers instead of air gaps for water supply and allows alternate methods for discharging waste water that is not backwash. It adds a section addressing signage in order to standardize the size and text of signs in the pool area. It requires manufacture components to be installed according to its manufacturers and addresses requirements for benches, footholds, deck slopes, water features. It addresses requirements for fencing and other barriers between bathing and nonbathing areas. It addresses requirements for dressing rooms and bathrooms. It updates life guard standards. It sets a maximum chlorine level. It clarifies that children under the age of 14 shall have adult supervision and that children under 5 shall not use a spa. Finally, it addresses exceptions of these requirements for special purpose pools, such as spa pools. The Department of Health has estimated that these changes will increase construction or remodeling costs by 1% to 3%, i.e. $145 to $165 per square foot. Currently, construction costs will range from $90,652 for a 625 ft x 125 ft pool up to $1,584,000 for a 165 ft x 165 ft pool. These estimations would result in an increase of $907 for the small pool up to $47,500 for the large pool. The proposed amendment will have a fiscal impact by increasing costs for any business involved in the construction or remodeling of public pools. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41381.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41379 (Amendment): R414-60-2. Definitions. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies the definition of a "covered outpatient drug". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment only clarifies a definition. It neither affects prescribed drug services nor drug reimbursement. - LOCAL GOVERNMENTS: There is no impact to local governments because this amendment only clarifies a definition. It neither affects prescribed drug services nor drug reimbursement. - SMALL BUSINESSES: There is no impact to small businesses because this amendment only clarifies a definition. It neither affects prescribed drug services nor drug reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid clients and to Medicaid providers because this amendment only clarifies a definition. It neither affects prescribed drug services nor drug reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid client or to a Medicaid provider because this amendment only clarifies a definition. It neither affects prescribed drug services nor drug reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on business because the proposed rule does not change any requirements under the existing rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41379.htm No. 41429 (Amendment): R414-303-4. Medicaid for Parents and Caretaker Relatives, Pregnant Women, Children, and Individuals Infected with Tuberculosis Using MAGI Methodology. SUMMARY OF THE RULE OR CHANGE: This amendment changes the income standard for the PCR coverage group to the FPL and sets the new income limit at 55% of the FPL. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: For FY 2018, the Department of Health estimates a cost of $5,400,000 to the General Fund ($18,200,000 in total funds) with the addition of 4,000 individuals to the PCR coverage group. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor make eligibility determinations for the Medicaid program. - SMALL BUSINESSES: To the extent small businesses provide services to Medicaid members, these businesses may see a portion of $18,200,000 in annual revenue as a result of this change. The exact amount, however, cannot be determined since it will depend on the services needed by Medicaid members. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers may see a portion of $18,200,000 in annual revenue as a result of this change while Medicaid members who qualify for PCR coverage will see a portion of this amount in total savings. The exact savings, however, cannot be determined as it will depend on what Medicaid members qualify for and which providers they use. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change can only result in increased revenue to a single Medicaid provider and savings to a Medicaid member. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment may have a fiscal impact on business in that an increase in eligible recipients will increase the amount of services provided by Medicaid providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41429.htm No. 41428 (Amendment): R414-305-7. Treatment of Trusts. SUMMARY OF THE RULE OR CHANGE: This amendment implements a provision of the 21st Century Cures Act that allows individuals to establish their own Special Needs Trust. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change neither increases nor decreases the number of individuals who may become eligible for Disabled Medicaid. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor make eligibility determinations for the Medicaid program. - SMALL BUSINESSES: There is no impact to small businesses because this change neither increases nor decreases the number of individuals who may become eligible for Disabled Medicaid. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid clients because this change neither increases nor decreases the number of individuals who may become eligible for Disabled Medicaid. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid client because this change neither increases nor decreases the number of individuals who may become eligible for Disabled Medicaid. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to business because the changes do not affect Medicaid eligibility or coverage of services by Medicaid providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41428.htm NATURAL RESOURCES ADMINISTRATION No. 41410 (New Rule): R634-3. Compensatory Mitigation Program. SUMMARY OF THE RULE OR CHANGE: This rule proposes to create a compensatory mitigation program that will help various entities to offset the impacts of development on greater sage-grouse and their habitats. The Department of Natural Resources (DNR) communicated with stakeholders prior to submission of this proposed rule, which is described as follows. There are seven divisions within DNR including the Utah Division of Wildlife Resources, the Utah Division of Parks and Recreation, the Utah Division of Water Rights, the Utah Division of Water Resources, the Utah Division of Forestry, Fire and State Lands, the Utah Division of Oil, Gas and Mining, and the Utah Geological Survey. Each division has its own process for soliciting and receiving input from stakeholders when proposing changes to administrative rules. DNR itself makes changes to administrative rules very infrequently so DNR does not have a required process for gathering such input. In light of this, the DNR took a proactive and collaborative approach to interacting with various stakeholders and gathering public input during the development of this proposed rule. As a result of those efforts, DNR personnel coordinated numerous meetings with key stakeholders who would be, or could be affected by this proposed rule. By doing so, DNR personnel, along with one designee from the Utah Division of Wildlife Resources and one assigned designee by the Governor's Public Lands Policy Coordinating Office, gathered feedback from stakeholders both before and during the drafting of this proposed rule. This process ensured effective, collaborative, and proactive involvement from various stakeholders prior to the formal administrative rulemaking and public review process. The following is a summary of the organizations and individuals that DNR and its assigned designees met with prior to the submission of this proposed rule: 1) United States Forest Service; 2) United States Bureau of Land Management; 3) United States Natural Resource Conservation Service; 4) Utah Division of Forestry, Fire and State Lands; 5) Utah Division of Oil, Gas and Mining; 6) Utah Department of Transportation; 7) Western Energy Alliance and various members; 8) Utah Petroleum Association and various members; 9) Utah Mining Association and various members; 10) K- COE Isom; 11) QEP Resources; 12) Utah Chukar Foundation; 13) Utah Sage-grouse Plan Implementation Council; 14) Rocky Mountain Power; 15) Nature Coservancy; 16) Utah Farm Bureau; 17) Utah Cattlemen’s Association; 18) Uintah Basin Adaptive Resource Management, Local Working Group; and 19) Strawberry Valley Adaptive Resource Management, Local Working Group. Each meeting with the above referenced organizations and individuals was structured around three central topics, including: 1) what items/issues are requested to be included in the proposed rule; 2) what items/issues are requested to be avoided in the proposed rule; and 3) items that need additional clarity or follow-up. This approach framed each discussion fairly and consistently across stakeholder groups and allowed for an effective process for drafting a proposed rule that proactively addressed as many issues as possible. Every good-faith effort has been made to include a summary of every meeting related to this proposed rule. But in light of practical and reasonable limitations, as well as the complexity and scope of this issue, it should be noted that this listing is not exhaustive. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is anticipated that the revenue needed to administer this program will be recovered by the proceeds created by the implementation of the program. Therefore, this program is expected to be revenue and cost neutral to the state of Utah in the long term. - LOCAL GOVERNMENTS: This proposed rule does not require participation by local governments. Local governments that choose to participate in this program will do so voluntarily and will be given an opportunity to evaluate the cost vs. benefit of their participation in this program before doing so. - SMALL BUSINESSES: This proposed rule does not require participation by any entity. Therefore, this filing does not create any direct cost or savings impacts to small businesses. Those who choose to participate in this program will do so voluntarily and will be given an opportunity to evaluate the cost vs. benefit of their participation in this program before doing so. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule does not require participation by any entity. Therefore, this filing does not create any direct cost or savings impacts to other persons or entities. Those who choose to participate in this program will do so voluntarily and will be given an opportunity to evaluate the cost vs. benefit of their participation in this program before doing so. COMPLIANCE COSTS FOR AFFECTED PERSONS: This program does not require participation; therefore, no compliance cost is anticipated. For those who choose to participate in this program, the cost to do so is intended to be advantageous to the organization or individual. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is intended to be mutually beneficial to businesses; local, state, and federal governmental agencies; and the conservation of greater sage-grouse in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kaelyn Anfinsen by phone at 801-538-7201, by FAX at 801-538-7315, or by Internet E-mail at kaelynanfinsen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41410.htm PUBLIC SAFETY ADMINISTRATION No. 41373 (Amendment): R698-8. Local Public Safety and Firefighter Surviving Spouse Trust Fund. SUMMARY OF THE RULE OR CHANGE: The amendments to this rule identify a new form type that needs to be submitted when an employer chooses to participate in the cost sharing agreement, clarify that the annual premium payment must be submitted with the cost sharing agreement, change the date future annual premium payments are due from January 31 to June 30, and remove requirement for notification of change of employment status of a member. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not an anticipated cost or savings to the state budget because the rule changes only clarify the process for an employer to participate in the cost sharing agreement. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to local government because the rule changes only clarify the process for an employer to participate in the cost sharing agreement. - SMALL BUSINESSES: There is not an anticipated cost or savings to the small businesses because the rule changes only clarify the process for an employer to participate in the cost sharing agreement and don't have any impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to the persons other than small businesses, businesses, or local government entities, because the rule changes only clarify the process for an employer to participate in the cost sharing agreement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is not an anticipated compliance cost for affected persons because the rule changes only clarify the process for an employer to participate in the cost sharing agreement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule change and find that the amendment 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 05/15/2017 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: 08/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41373.htm EMERGENCY MANAGEMENT No. 41380 (Amendment): R704-2. Statewide Mutual Aid Act Activation. SUMMARY OF THE RULE OR CHANGE: Overall this amendment will update and bring the rule into current practices. The previous reference, Section 53-2a-302, is incorrect and should be Section 53-2a-104. This amendment streamlines the statewide mutual aid forms, which are required to be completed by a requesting jurisdiction. The numbering of subsections within the rule have been reformatted. Roles and responsibilities have been redefined; for example, "Deputy Director" is changed to "designee". Spelling errors have been corrected. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is not an anticipated cost or savings to the state budget because the revisions proposed by the Statewide Mutual Aid Committee will consolidate several of the statewide mutual aid forms, thereby reducing the amount of waste. Any potential savings will depend on internal function and will be minor. - LOCAL GOVERNMENTS: There is not an anticipated cost or savings to local government. These revisions were recommended by representatives from cities, counties, and special service districts on how to more effectively carry out statewide mutual aid. These representatives are members of the Statewide Mutual Aid Committee, and their recommendations will not have adverse affects on local governments. These changes will be advantageous to their operations. - SMALL BUSINESSES: There is not an anticipated cost or savings to small businesses because the revisions are net neutral to small businesses and will have no fiscal effect on them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the proposed revisions will not have any effect on persons outside of previously stated groups. No additional taxes or financial burdens will be placed upon communities due to the amendment of this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs associated for those who could be affected from compliance with this rule because this rule simply consolidates several of the statewide mutual aid forms and makes minor wording, spelling, and formatting changes. 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 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 05/15/2017 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: 08/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41380.htm TRANSPORTATION ADMINISTRATION No. 41384 (New Rule): R907-80. Disposition of Surplus Land. SUMMARY OF THE RULE OR CHANGE: This proposed new rule establishes procedures the Department may use to: 1) publish notices of proposed sales and exchanges and then advertise to encourage maximum participation in the auctions and maximum transparency for the negotiated sales and exchanges; 2) conduct public sales auctions; 3) conduct negotiated sales; 4) conduct negotiated exchanges; 5) notify holders of first rights of refusal about the sales and provide them opportunities to exercise or waive their right; and 6) conduct closings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department anticipates that this proposed new rule will result in significant aggregate savings for the state budget. The Department anticipates the public sales auctions will result in higher prices for surplus land sales. The additional money gained will go into one of the Department's funding mechanisms and reduce the demand for state funds for new transportation projects. However, the Department is not able to accurately quantify the amount of additional money it will gain from selling surplus land using public sales auctions before it actually starts conducting such sales auctions. The Department is optimistic such will be the outcome over time because public sales auctions are and used as a method of maximizing prices for land by other state agencies throughout the country and in Utah for years. - LOCAL GOVERNMENTS: The Department does not anticipate that this new rule will lead to additional costs for local governments. But, the Department cannot reasonably anticipate whether this new rule will lead to any cost savings for local governments before it has been in use for a while. The Department has conducted exchanges of its surplus land for land owned by local governments for years and intends to continue this practice into the foreseeable future. This new rule streamlines the process the Department follows to negotiate land exchanges with local governments, and makes the process more transparent. The Department believes this improved process will lead to savings and other benefits for local governments over time but cannot quantify those gains at this time. - SMALL BUSINESSES: The department does not anticipate that this new rule will lead directly to any new costs or savings for the budgets of small businesses. The rule does not require anything of small businesses in the form of fees or burdensome actions. The Department does anticipate that the new rule will provide more opportunities for owners of small businesses to purchase its surplus land if they wish, for whatever purpose they wish. Additional opportunities to purchase the Department's surplus land could lead to opportunities for small business to grow, profit, or create new jobs. But, the Department is not able to reasonably quantify such opportunities at present. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The department does not anticipate that this new rule will lead directly to any new costs or savings for the budgets of persons other than small businesses, businesses, or local government entities. The rule does not require anything of such persons in the form of fees or burdensome actions. The Department does anticipate that the new rule will provide more opportunities for all interested persons to purchase its surplus land if they wish, for whatever purpose they wish. Additional opportunities to purchase the Department's surplus land could lead to opportunities for persons to profit. But, the Department is not able to reasonably quantify such opportunities at present. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons affected by this new rule are those desirous of buying the Department's surplus land. Those persons may be required to pay higher prices for the Department's surplus land than they would without the new rule. The Department is hopeful that benefits such as the additional transparency and opportunities to purchase its surplus land that will result from making this new rule will outweigh any additional purchase price buyers will need to pay. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I do not believe this new rule will have a negative impact on businesses. It may provide businesses additional opportunities to profit. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2017 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 THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41384.htm OPERATIONS, AERONAUTICS No. 41421 (Amendment): R914-3. Aircraft Registration Enforcement. SUMMARY OF THE RULE OR CHANGE: This amendment deletes Subsection R914-3-4(3) from the rule because the Tax Commission does not have authority to levy the penalties presently authorized in Subsection R914-3-4(3). Only the Department of Transportation has authority to penalize for aircraft registration violations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate this amendment will cause any additional costs or savings to the state's budget. The authority to levy penalties, which the rule presently grants to the Tax Commission and which this amendment eliminates, remains with the Department of Transportation pursuant to Section 72-10-112. Any fiscal impact that the rule has on the state's budget will not change due to this amendment. - LOCAL GOVERNMENTS: The Department does not anticipate this amendment will cause any additional costs or savings to the budgets of local governments. The new rule does not implicate local governments in any way, fiscal or otherwise. - SMALL BUSINESSES: The Department does not anticipate this amendment will cause any additional costs or savings to the budgets of small business. Only small businesses that own aircraft that violate the Department's registration requirements will be affected by the rule. Small businesses that violate the Department's registration requirements will be penalized by the Department. The amendment does not change the amount or nature of the penalties the Department may levy for registration violations. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate this amendment will cause any additional costs or savings to the budgets of persons other than small businesses, businesses, or local government entities. Only persons that own aircraft that violate the Department's registration requirements are affected by the rule, and they will be penalized by the Department, not by the Tax Commission. The amendment does not change the amount or nature of the penalties the Department may levy for registration violations. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment will not increase or decrease compliance costs for affected persons. This amendment eliminates a provision in the present rule that provides the Tax Commission authority to levy penalties for violating aircraft registration requirements. The Department of Transportation maintains the authority to levy penalties for violating the registration requirements set forth in the rule. The amount and nature of available penalties do not change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I do not believe this amendment to the proposed rule will have any 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 05/15/2017 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 - Jason Davis by phone at 801-965-4895, or by Internet E-mail at jasondavis@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41421.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 41427 (Amendment): R994-403-202. Qualifying Elements for Approval of Training. SUMMARY OF THE RULE OR CHANGE: Federal regulations provide the Department of Workforce Services can approve training if that training will not take more than 24 months to complete. This change brings our rule into compliance with federal regulation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program, so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program, so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/16/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41427.htm No. 41426 (Amendment): R994-508. Appeal Procedures. SUMMARY OF THE RULE OR CHANGE: S.B. 224 from the 2017 General Session provides that the Department of Workforce Services can no longer require attorney fees be approved. The Department used to accept collect calls from claimants but now provides a toll free number to call for administrative hearings. To ensure claims are heard in a timely manner, requests to continue a hearing must be made by phone, so a new date can be set immediately. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program, so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program, so there are no costs or savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact the contribution rate of any employer. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/16/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41426.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. ADMINISTRATIVE SERVICES DEBT COLLECTION No. 41376 (5-year Review): R21-2. Office of State Debt Collection 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: It is necessary to continue this rule, so the Office of State Debt Collections can provide procedures and standards to conduct informal hearings, if needed to collect debts. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 03/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41376.htm No. 41377 (5-year Review): R21-3. Debt Collection Through Administrative Offset. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary to continue this rule because it authorizes the Office of State Debt Collection to reduce or eliminate accounts receivable through administrative offset of tax overpayments or state payments due to entities. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 03/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41377.htm ENVIRONMENTAL QUALITY ENVIRONMENTAL RESPONSE AND REMEDIATION No. 41394 (5-year Review): R311-200. Underground Storage Tanks: Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary for continued operation of the Underground Storage Tank program. It contains important definitions that clarify terms used elsewhere in the UST rules. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41394.htm No. 41395 (5-year Review): R311-201. Underground Storage Tanks: Certification Programs and UST Operator Training. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary for continued operation of the UST program. As directed by Subsection 19-6-403(1)(a) of the Utah UST Act, the rule provides certification requirements for UST installers, removers, testers, inspectors, and consultants. It also provides for training and registration of UST operators, as required by the Energy Policy Act and Subsection 19-6-403(1)(b) of the UST Act. Therefore, this rule should be continued. The division worked with stakeholders and the UST advisory task force to draft new rules for UST testing that would allow some new required tests to be done by certified UST installers or UST owner/operators. The operator inspection requirement was not changed because it is based on requirements in the federal UST regulations and cannot be more stringent than the federal regulations. The commenter had requested addition of requirements that would be more stringent than the federal regulations. The operator training rules were left intact. Utah is keeping its current operator training program rather than incorporating the new EPA program, and has been assured by EPA that its program will be acceptable for State Program Approval. Questions were answered to the satisfaction of the individuals who posed the questions. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41395.htm No. 41396 (5-year Review): R311-202. Federal Underground Storage Tank Regulations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary for the continued operation of the Underground Storage Tank program. It provides for the incorporation by reference of the federal UST regulations (40 CFR Part 280) and is specifically mandated by Subsection 19-6-403(1)(b) of the Utah UST Act. Therefore, this rule should be continued. The typographical error found during EPA's review was corrected in the proposed rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41396.htm No. 41397 (5-year Review): R311-203. Underground Storage Tanks: Technical Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary for continued operation of the UST program. It clarifies when UST owners/operators and installers must notify on new installations, upgrades, and changes of ownership. It provides for the administration of the registration fee mandated by Section 19-6-408 of the Utah UST Act, the installer permit fees mandated by Section 19-6-411, and the installer notification requirements mandated by Section 19-6-407. It provides clarification of the tank testing requirements in Section 19-6-413 of the UST Act and subparts C (General Operating Requirements) and D (Release Detection) of 40 CFR 280, the federal UST regulations. Therefore, this rule should be continued. The proposed change to make owner/operator inspections of containment sumps annual instead of monthly was enacted because it reflects the operator inspection requirements in the new federal UST regulations, and Utah's UST rules cannot be more stringent than the federal UST regulations. In response to the comments by EPA, the secondary containment rule was kept with additional wording that stated that the rule is effective only from the date of enactment until 01/01/2017, when the secondary containment requirements in the federal UST regulations were adopted. The wording providing for operator inspections less frequently than monthly was removed. New Federal UST requirements for alternate fuels notification and equipment compatibility were incorporated by reference into Utah's UST rules, so the previously existing Utah rule wording was no longer needed and was eliminated. Questions regarding proposed changes to the operator inspection form were answered to the satisfaction of the individuals who posed the questions. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41397.htm No. 41398 (5-year Review): R311-204. Underground Storage Tanks: Closure and Remediation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary for continued operation of the Underground Storage Tank program. It specifies the requirements for UST closure plans, specifies labeling requirements and acceptable disposal methods for USTs that have been removed, and specifies when remedial activities may take place without the supervision of a certified UST consultant. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41398.htm No. 41399 (5-year Review): R311-205. Underground Storage Tanks: Site Assessment Protocol. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary for continued operation of the Underground Storage Tank program. It specifies the requirements for site assessments for UST closures and specifies tank testing and site check requirements for tanks that will be covered by the Petroleum Storage Tank Trust Fund after a period of non- participation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41399.htm No. 41400 (5-year Review): R311-206. Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary for continued operation of the UST program. It specifies requirements for UST owners and operators participating in the Petroleum Storage Tank Trust Fund and for those who show financial responsibility by other mechanisms. It provides rules for identification of compliant tanks, as mandated by Subsection 19-6-411(7)(b) of the UST Act. It specifies the conditions under which the Director of DERR may determine that there is reasonable cause under Subsection 19-6-428(3)(b) of the UST Act to establish that no sampling is required for sites that will participate in the Fund after a period of non-participation. The rule includes Section R311- 206-11, requirements for the environmental assurance fee rebate program mandated by Subsection 19-6-410.5(5)(d) of the UST Act. The maximum rebate percentage is set by statute and cannot be changed in rule. The rationale for the risk factors was discussed with the commenter in the context of the various components of the overall risk level assigned to a UST facility. Therefore, this rule should be continued. No changes were made to the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41400.htm No. 41401 (5-year Review): R311-207. Accessing the Petroleum Storage Tank Trust Fund for Leaking Petroleum Storage Tanks. 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 an integral part of the PST Trust Fund, and provides the necessary protocol allowing access to fund monies for investigating and cleaning up petroleum releases covered by the fund. It helps maintain the financial viability of the fund to provide a means for UST owners/operators to meet the federally-mandated financial responsibility requirements, and provide reimbursement for expenses associated with covered petroleum releases. It provides necessary requirements to implement Subsection 19-6- 409(2)(e) of the UST Act, and provides for payment of certain costs of UST consultants hired by third parties. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41401.htm No. 41402 (5-year Review): R311-208. Underground Storage Tank Penalty Guidance. 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 provides guidance to the Director of the Division of Environmental Response and Remediation in imposing and negotiating appropriate penalties against the various degrees of violations. The guidance provides that penalty amounts shall be in accordance with the severity of the violation, risk of harm, and the willingness of individuals to cooperate. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41402.htm No. 41403 (5-year Review): R311-209. Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is integral to the goals of the UST Act to protect human health and the environment. It provides criteria for use of the Petroleum Storage Tank Cleanup Fund created by Section 19-6-405.7 of the UST Act and the cleanup appropriations made by the legislature. It provides rules for recovery of management and oversight expenses allowed by Subsection 19-6-420(10) of the UST Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41403.htm No. 41404 (5-year Review): R311-210. 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: The rules regarding administrative procedures for all divisions within the Department of Environmental Quality are found in Rule R305-7. Rule R311-210 contains only one sentence, stating that underground storage tank administrative proceedings are governed by Rule R305-7. Adjudicative rules are necessary to address agency adjudicative needs not addressed in the Administrative Procedures Act, such as delineating the role of a presiding officer, providing a standard of agency review, designating proceedings as formal or informal, and providing specific procedures for involved formal adjudications. Without the rule, it would be difficult or impossible to conduct UST Act adjudications adequately. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41404.htm No. 41405 (5-year Review): R311-211. Corrective Action Cleanup Standards Policy - UST and CERCLA Sites. 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 essential standards to be used in directing corrective action at contaminated UST and CERCLA sites and determining when cleanup is complete. This oversight of cleanup is an essential part of the agency's statutory responsibility. By statutory authority the Division of Environmental Response and Remediation administers both the UST and CERCLA programs. Because of this structure and the common cleanup standards that apply in both programs, it is appropriate, from Utah's perspective, to retain both in the rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41405.htm No. 41406 (5-year Review): R311-212. Administration of the Petroleum Storage Tank Loan Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary for continued operation of the Petroleum Storage Tank Loan program and is required by statute. The UST Act contains the basic framework of the loan program and mandates that the Board make rules for the program's administration. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Wilson by phone at 801-536-4138, or by Internet E-mail at djwilson@utah.gov - Gary Astin by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41406.htm GOVERNOR ECONOMIC DEVELOPMENT No. 41430 (5-year Review): R357-1. Rural Fast Track Program. 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 the agency to run the program's compliance components and allows for the form and intake of applications. This rule needs to continue in order for the agency to be able to run the program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov EFFECTIVE: 03/31/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41430.htm ECONOMIC DEVELOPMENT, PETE SUAZO UTAH ATHLETIC COMMISSION No. 41425 (5-year Review): R359-1. Pete Suazo Utah Athletic Commission 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: The rule is required by statute and provides the current structure for carrying out several statutory duties the Commission is required to fulfill. The rule is needed for the sake of continuity of operations and satisfying statutory requirements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov EFFECTIVE: 03/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41425.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41423 (5-year Review): R414-1A. Medicaid Policy for Experimental, Investigational or Unproven Medical Practices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements Medicaid policy for experimental, investigational or unproven medical practices through its reference to Section 1 of the Utah Medicaid Provider Manual and to the Medicaid State Plan. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41423.htm No. 41422 (5-year Review): R414-307. Eligibility for Home and Community-Based Services Waivers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it establishes general eligibility requirements for HCBS waivers, sets forth eligibility for institutionalized individuals and community spouses, and specifies who may become eligible for each HCBS waiver under the Medicaid program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41422.htm HUMAN SERVICES JUVENILE JUSTICE SERVICES No. 41385 (5-year Review): R547-3. Juvenile Jail Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This responsibility, per H.B. 239, is transferred to the Commission on Criminal and Juvenile Justice, effective 05/09/2017. Changes will be forthcoming, but the rule should continue until then since it is necessary to approve short-term juvenile holding facilities in adult jail facilities. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov - Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41385.htm No. 41386 (5-year Review): R547-6. Youth Parole Authority Policies 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: The division continues to be responsible for the operation of the Youth Parole Authority. Therefore, this rule should be continued. Nonsubstantive changes will be made in the near future. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov - Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41386.htm No. 41387 (5-year Review): R547-7. Juvenile Holding Room Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This responsibility, per H.B. 239, is transferred to the Commission on Criminal and Juvenile Justice, effective 05/09/2017. Changes will be forthcoming, but the rule should continue until then since it is necessary to approve short-term juvenile holding facilities in local law enforcement agency facilities. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov - Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41387.htm No. 41388 (5-year Review): R547-10. Ex-Offender Policy. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is a minimum standard designed to prevent adults with a criminal history from working directly with youth offenders. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov - Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41388.htm No. 41389 (5-year Review): R547-12. Division of Juvenile Justice Services Classification of Records. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: During the five-year review, it was determined that the division will continue to comply with GRAMA regulations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov - Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41389.htm No. 41390 (5-year Review): R547-13. Guidelines for Admission to Secure Youth Detention Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The division continues to use these guidelines as required to admit youth into secure detention facilities. Therefore, this rule should be continued. Substantive changes are required per H.B. 239 (2017 General Session) by 07/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov - Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41390.htm No. 41391 (5-year Review): R547-14. Possession of Prohibited Items in Juvenile Detention Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The division continues the need to restrict weapons in secure areas of juvenile detention facilities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janene Parry by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at jclarsen@utah.gov - Judy Hammer by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at judyhammer@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41391.htm MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 41424 (5-year Review): R628-17. Limitations on Commercial Paper and Corporate Notes. 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 limits on exposure to any one issuer of corporate obligations that are reasonable by basing the limit on the size of the portfolio of the public treasurer. The rule allows for the investment in corporate obligations by public treasurers while maintaining safety of principal when a public treasurer invests in corporate obligations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 03/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41424.htm NATURAL RESOURCES PARKS AND RECREATION No. 41382 (5-year Review): R651-102. Government Records Access Management Act. 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 for a clean process in handling GRAMA requests and comments. Therefore, this rule should be continued. 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: 03/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41382.htm No. 41383 (5-year Review): R651-301. State Recreation Fiscal Assistance Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In each case, Sections 79-5-301, 79-4-802, and 41-22-19 give specific criteria for awarding grant money and creates an easy to understand process for administering them. Therefore, this rule should be continued. 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: 03/23/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41383.htm FORESTRY, FIRE AND STATE LANDS No. 41407 (5-year Review): R652-1. Definition of Terms. 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 implements Subsection 65A-1-4(2), which authorizes the Division to provide definitions which apply to all rules promulgated by the division. This rule defines certain terms in the Division's rules. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41407.htm No. 41408 (5-year Review): R652-3. Applicant Qualifications and Application Forms. 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 outlines the applicant qualifications for a lease or permit. This rule also designates division forms for the application process and application processing procedure. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41408.htm No. 41409 (5-year Review): R652-4. Application Fees and Assessments. 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 for the creation of the Division's fees and assessments and informs that a copy of the fee schedule is available at the Division offices. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41409.htm No. 41411 (5-year Review): R652-5. Payments, Royalties, Audits, and Reinstatements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rules outlines criteria with regard to payments that the Division receives on leases and agreements, establishes royalty reports and reporting periods, specifies the Division's right to audit, and sets forth reinstatement criteria for certain leases that the Division administers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41411.htm No. 41412 (5-year Review): R652-6. Government Records Access and Management. 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 appropriate access to division records through the GRAMA process. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41412.htm No. 41413 (5-year Review): R652-20. Mineral Resources. 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 defines the requirements for the issuance of mineral leases and management of state-owned lands and mineral resources. The rule further outlines lease rentals and royalties, along with acreage limitations, lease provisions, the simultaneous offering process, and other provisions relating to mineral leasing management. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41413.htm No. 41414 (5-year Review): R652-30. Special Use Leases. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets forth the provisions under which the Division may issue special lease uses on sovereign lands. This includes lease rates, assignment of leases, lease amendments, and other provisions necessary for the management of surface leasing. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41414.htm No. 41415 (5-year Review): R652-40. Easements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets forth the provision through which the Division can issue easements on, through, and over sovereign land. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41415.htm No. 41416 (5-year Review): R652-50. Range Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets forth the provisions under which the Division can issue grazing permits. This rule also sets forth requirements for range improvements projects and the trailing of livestock across sovereign lands. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41416.htm No. 41417 (5-year Review): R652-60. Cultural Resources. 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 outlines the manner by which the division shall, pursuant to Section 9-8-404, take into account the effect of sovereign land uses on any district, site, building, structure, or specimen that is included in or eligible for inclusion in the State Register or National Register of Historic Places and allow the State Historic Preservation Officer a reasonable opportunity to comment with regard to the undertaking. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41417.htm No. 41418 (5-year Review): R652-70. Sovereign Lands. 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 for the management and classification of the surface of sovereign lands in Utah, which include but are not limited to the beds of Bear Lake, the Great Salt Lake, Utah Lake, the Jordan River, the Bear River from the Amalga Bridge to the Great Salt lake, the summer channel of the Bear River from the Utah-Idaho border to the Amalga Bridge, and portions of the beds of the Green and Colorado Rivers. Should any other lakes or streams or portions thereof be declared navigable by the courts, the beds of such lakes or streams would fall under the authority of these rules. It also provides for the issuance of special use leases, general permits and easements on sovereign lands, and the procedures and fees necessary to obtain these rights of use. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41418.htm No. 41419 (5-year Review): R652-90. Sovereign Land Management Planning. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets forth the planning procedures for natural and cultural resources on sovereign land as required by law and for the opportunity for the public to participate in the planning process. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41419.htm No. 41420 (5-year Review): R652-100. Materials Permits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets forth the objectives, standards, and conditions under which the Division may issue materials permits or conveyances for common varieties of sand, gravel, cinders, and similar materials on sovereign lands. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov EFFECTIVE: 03/29/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41420.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41393 (5-year Review): R746-420. Requests for Approval of a Solicitation Process. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R746-420 establishes the procedural and informational requirements for a solicitation process by which an affected utility constructs or acquires a significant energy resource pursuant to the Utah Energy Resource Procurement Act. Rule R746-420 continues to be necessary because Section 54-17-200 remains in force. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41393.htm No. 41392 (5-year Review): R746-430. Procedural and Informational Requirements for Action Plans, for an Approval of a Significant Energy Resource, for Determination of Whether to Proceed, and for Waivers of a Solicitation Process or of an Approval of a Significant Energy Resource. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R746-430 establishes the procedural and informational requirements for review of a utility's action plan for approval of a significant energy resource decision and, when seeking an order, to proceed with an approved significant energy resource decision pursuant to the Energy Resource Procurement Act. Rule R746-430 continues to be necessary because Sections 54-17-301 through 54-17-304 remain in force. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 03/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41392.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 41375 (5-year Review): R926-4. Establishing and Defining a Functional Classification of Highways in the State of Utah. 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 continue in order to keep in place the procedure and criteria by which highways are functionally classified. 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 EFFECTIVE: 03/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170415/41375.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. 41260 (AMD): R156-11a.Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule Published: 02/15/2017 Effective: 03/27/2017 No. 41261 (AMD): R156-55b-102.Definitions Published: 02/15/2017 Effective: 03/27/2017 ENVIRONMENTAL QUALITY WATER QUALITY No. 40995 (AMD): R317-1.Definitions and General Requirements Published: 12/01/2016 Effective: 03/27/2017 No. 40995 (CPR): R317-1.Definitions and General Requirements Published: 02/15/2017 Effective: 03/27/2017 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41174 (AMD): R414-60.Medicaid Policy for Pharmacy Program Published: 02/01/2017 Effective: 04/01/2017 No. 41175 (AMD): R414-60A-2.DUR Board Composition and Membership Requirements Published: 02/01/2017 Effective: 04/01/2017 No. 41211 (AMD): R414-304.Income and Budgeting Published: 02/15/2017 Effective: 03/28/2017 No. 41212 (AMD): R414-308-7.Change Reporting and Benefit Changes Published: 02/15/2017 Effective: 03/28/2017 No. 41213 (AMD): R414-310-13.Change Reporting and Benefit Changes Published: 02/15/2017 Effective: 03/28/2017 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 41173 (AMD): R501-14.Human Service Program Background Screening Published: 02/01/2017 Effective: 03/21/2017 No. 40930 (R&R): R501-21.Outpatient Treatment Programs Published: 11/15/2016 Effective: 03/24/2017 No. 40930 (CPR): R501-21.Outpatient Treatment Programs Published: 02/15/2017 Effective: 03/24/2017 INSURANCE ADMINISTRATION No. 41259 (AMD): R590-102.Insurance Department Fee Payment Rule Published: 02/15/2017 Effective: 03/24/2017 PUBLIC SAFETY DRIVER LICENSE No. 41200 (REP): R708-25.Commercial Driver License Applicant Fitness Certification Published: 02/15/2017 Effective: 03/27/2017 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41031 (CPR): R746-341.Lifeline Rule Published: 02/15/2017 Effective: 03/24/2017 No. 41031 (AMD): R746-341.Lifeline Rule Published: 12/15/2016 Effective: 03/24/2017 SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH. ADMINISTRATION No. 41095 (NEW): R856-4.USTAR Science Technology Initiation Grant Published: 01/01/2017 Effective: 03/22/2017 No. 41096 (NEW): R856-5.USTAR Energy Research Triangle Professors Grant Published: 01/01/2017 Effective: 03/22/2017 No. 41097 (NEW): R856-6.USTAR Energy Research Triangle Scholars Grant Published: 01/01/2017 Effective: 03/22/2017 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/ . <> ----------------------------