---------------------------- Utah State Digest, Vol. 2017, No. 17 (September 1, 2017) [NOTE: If your e-mail program truncates this message before the "<>" notation at the end, or otherwise does not display the document correctly, you may find this and previous editions of the Digest online at https://rules.utah.gov/publications/utah-state-dig/.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed August 2, 2017, 12:00 AM through August 15, 2017, 11:59 PM Volume 2017, No. 17 September 1, 2017 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 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 August 2, 2017, 12:00 a.m., and August 15, 2017, 11:59 p.m. are summarized in this, the September 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the September 1, 2017, issue of the Utah State Bulletin until at least October 2, 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 December 30, 2017, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41999 (Amendment): R156-5a. Podiatric Physician Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-5a-102, the proposed amendments: 1) remove the definition of "recognized residency program", because the term is no longer used in the rule or statute; and 2) add the definition of "CPME”, which means the Council on Podiatric Medical Education. In Section R156-5a-302a, in accordance with Section 58-5a-302, as amended by H.B. 167 (2017), the proposed amendments delete the now-obsolete two-year post-graduate training requirement for licensure as a podiatric physician, and specify how the applicant shall satisfy the Division and the Podiatric Physician Board that the applicant meets the new Section 58-5a-302 resident training requirements. Briefly, the applicant must complete and sign the Verification of Post-Graduate Training contained in the Division's podiatric physician license application, and, if the applicant has not yet completed a second year of post-graduate resident training, the applicant must also complete and sign the newly added Affidavit of Current Utah Post-Graduate Resident Training. In Section R156-5a-302b, the proposed amendments: 1) correct the statutory references regarding the examination requirements for licensure as a podiatric physician; 2) delete an obsolete reference to the "PMLexis Exam"; and 3) clarify that the examinations required to be passed for licensure are Part I, Part II written, Part II CSPE, and Part III of the American Podiatric Medical Licensing Examination (APMLE), developed by the National Board of Podiatric Medical Examiners (NBPME). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The newly required affidavit to be completed and signed by the license applicant will be included in the regular application process, and it is a simple statement that should require no questions from the applicant and will only take an estimated additional two minutes of the applicant's time. The additional cost to the Division for the time required to amend the application is approximately $150 to amend the application in manual and electronic forms. The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments from any of the proposed amendments. The substantive changes will only affect podiatric physician residents applying for licensure in Utah, and health care providers who work with those residents; local governments neither enforce nor are affected by the modified time frames and application process. - SMALL BUSINESSES: The proposed amendments to Sections R156-5a-102 and R156-5a-302b will have no fiscal impact on small business because the updated definitions and corrected references only clarify existing practice. The Division's fiscal analysis of the amendments to Section R156-5a-302a confirms that there is not a measurable cost or savings to small business as a result of these changes. These amendments merely conform the rule to amended Section 58-5a-302, adjusting the time frames and application process for podiatric physician license applicants who have not yet completed the second year of post-graduate training. The rule will require an applicant to complete and sign an affidavit as a part of the updated application process, to satisfy the division and board that the applicant has complied with the requirements of amended Section 58-5a-302; however, this affidavit will not require any business input, and it will only take an estimated two minutes for the applicant to complete. Further, the Podiatric Physician Licensing Board determined that these rule changes will not affect small business because the number of applicants enrolled in residencies and working with existing podiatric physicians and other health care providers will not change, nor will the services provided change. Post-graduate residents work in clinics affiliated with residency programs and are only paid a stipend; their work is reimbursed based on insurance formularies and reimbursement contracts. In sum, after conducting a thorough analysis, it was determined that the proposed amendments will not result in a fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments to Sections R156-5a-102 and R156-5a-302b will have no measurable fiscal impact on other persons because the updated definitions and corrected references only clarify existing practice. The proposed amendments to Section R156-5a-302a will affect podiatric physician residents granted a Utah license, and the health service providers who work with or employ these residents. However, the Division and the Podiatric Physician Licensing Board have determined that these changes will have no measurable fiscal impact on these other persons. The newly required affidavit to be completed and signed by a license applicant is simple and will only take an estimated two minutes to complete. The amendments make no other changes: Resident podiatric physicians who become licensed will still be required by Utah resident programs to complete three years of residency, and they will still be held to scheduled rotations and cannot earn additional income by "moonlighting" in the profession. They will still work in clinics affiliated with residency programs and will only be paid a stipend, with their work reimbursed based on insurance formularies and reimbursement contracts. Accordingly, it was determined that the changes will not have a measurable fiscal impact on other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: An analysis of the amendments to this rule has determined that they will not result in compliance costs for affected persons or entities. As described above, this rule changes a qualifying applicant's time frame and application process for licensure in compliance with H.B. 167 (2017), but these amendments will not measurably impact an applicant's funding, income, fees, nor will they change the funding, revenue, fees, or costs for a licensee or health care provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Section R156-5a-102 is amended to update definitions in the rule and has no fiscal impact. Section R156-5a-302a is amended to make changes mandated by H.B. 167 (2017). H.B. 167 amended Section 58-5a-302 to allow licensure for podiatric physician residents who have not yet completed a second year post-graduate resident training, but who are currently successfully enrolled in a second or third year residency in an approved program in Utah. These amendments will have no fiscal impact to small business. Section R156-5a-302b is amended to correct references to the examinations required for licensure as a podiatric physician, and has no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/41999.htm No. 42018 (Amendment): R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: Minor formatting changes are made throughout for clarification. In Section R156-11a-101, the proposed amendments change the rule's title to conform with the new Act name, from the "Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule," to the "Cosmetology and Associated Professions Licensing Act Rule." In Section R156-11a-102, the proposed amendments modify citations throughout this section to conform to the other changes made in the rule. In Section R156-11a-302a, the proposed amendments mandate the required examinations for licensure as a hair designer and licensure as a hair designer instructor. In Section R156-11a-302b, the proposed amendments provide foreign school education/credential evaluation standards for the new category of "hair design school" (by adding the new hair design school category to existing foreign school equivalency requirements). In Section R156-11a-302c, the proposed amendments make formatting changes for clarification. In Section R156-11a-502, the proposed amendments provide definitions of unprofessional conduct for the new category of "hair design school" (by adding the hair design school category to existing definitions of unprofessional conduct). In the new Subsections R156-11a-503(4), (5), and (6), the proposed amendments add a fine schedule for the following unlawful conduct: 1) performing an ablative procedure in violation of the statute (first offense $1,000, second offense $2,000); 2) failing as an instructor to give notice to each unlicensed attendee that the education provided is insufficient to qualify the attendee to perform the subject service for compensation, and that the unlicensed attendee must obtain licensure before performing the service for compensation (first offense $500, second offense $1,000); and 3) failing as a salon or school where nail technology is practiced or taught, to maintain the source capture system as required by statute (first offense $500, second offense $1,000). In Section R156-11a- 601, the proposed amendments establish accreditation standards for the new category of "hair design school" (by adding the hair design school category to existing accreditation standards). The standards were also rewritten for clarity. In Section R156-11a-602, the proposed amendments establish standards for the physical facilities of a hair design school (by adding the hair design school category to existing school physical facilities standards). In Section R156-11a-603, the proposed amendments establish standards for a student kit for a hair design school (by adding the hair design school category to existing student kit standards). In Section R156- 11a-604, the proposed amendments establish standards for the physical facilities of a hair design school that prohibit operation of the school jointly with a barbershop, salon, or spa (by adding the hair design school category to existing school standards). In Section R156-11a-605, the proposed amendments establish standards for the protection of students of a hair design school (by adding the hair design school category to existing school standards). In Section R156-11a-606, the proposed amendments establish standards for the protection of a hair design school (by adding the hair design school category to existing school standards). In Section R156- 11a-607, the proposed amendments establish standards for a written contract for students of a hair design school (by adding the hair design school category to existing school standards). In Section R156-11a-608, the proposed amendments establish staff requirements for a hair design school (by adding the hair design school category to existing school standards). In Section R156-11a-609, the proposed amendments establish standards for instructors of a hair design school (by adding the hair design school category to existing school instructor standards). In Sections R156-11a-610, R156-11a-611, R156-11a-612, R156-11a-700, R156-11a-701, R156-11a-702, R156- 11a-703, R156-11a-704, and R156-11a-705, minor formatting changes are made throughout these sections for clarification. In Section R156-11a-706, the proposed amendments establish the required curriculum for hair design schools. In Section R156-11a-707, the proposed amendments establish the required curriculum for a hair design instructor school (by adding the hair design school category to existing instructor school standards). In Sections R156-11a-800, R156-11a-801, R156-11a-802, R156-11a-803, and R156-11a-804, minor formatting changes are made throughout these sections for clarification. In Section R156-11a-902, the proposed amendments establish standards for an employee of a hair design school to obtain on-the-job training to become a licensed instructor (by adding the hair design school category to existing standards). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: First, no fiscal impact is anticipated to the state from any of the formatting changes. Second, the bulk of the proposed amendments are made in accordance with H.B. 287 (2017), which added new license classifications for hair designer, hair designer instructor, and hair design schools, and required the Division to issue rules to implement licensing. Because it is unknown how many individuals or schools will apply for the new licenses, it is difficult to estimate the costs or savings to the Division from filing these proposed amendments, as the costs or savings will vary depending on circumstances. However, the Division's proposed fiscal note for H.B. 287 (2017), which was not funded, estimated approximately $2,700 in costs to the Division, including approximately $30 to process each additional instructor application. Third, the Division estimates that the amendments establishing a fine schedule for certain unlawful conduct under Subsections R156-11a-503(4), (5), and (6) may have a positive fiscal impact on the Division of approximately $13,750 per year. Historically, a review of these offenses occurring in the past year shows that five or fewer offenses would be sanctioned under Subsection R156-11a-503(4) (violation in performing ablative procedure), five or fewer offenses would be sanctioned under Subsection R156-11a-503(5) (instructor failing to notify), and ten or fewer offenses would be sanctioned under Subsection R156-11a-503(6) (failure to maintain source capture system). Under the proposed amendments, this could translate to an estimated $16,500 in fines received by the Division per year, revenue from which would be deposited into the Cosmetology and Associated Professions Education and Enforcement Fund (the "E&E Fund"). In turn, there would be corresponding average costs to the Division of approximately $2,750 for FTEs and operating expenses required to administer the fines and handle any appeals. These costs would be paid out of the E&E Fund, to the extent the additional revenue generated would cover these costs. Finally, the state will incur a cost of approximately $75 to print the new rules. - LOCAL GOVERNMENTS: Review of the amendments to this rule confirms that none of these changes will result in any additional cost or savings to local government. Local governments neither enforce nor are affected by the application processes and requirements implemented by these rules. Nor will local governments be indirectly impacted because none of the amendments create a situation requiring services from local governments. Therefore, no cost or savings to local government are anticipated. - SMALL BUSINESSES: First, no fiscal impact is anticipated to small business from any of the proposed formatting changes, because all such changes merely simplify the rule and clarify existing industry practices. Second, the proposed amendments establishing a fine schedule for unlawful conduct under Subsection R156-11a-503(6) (failing as a nail salon or school to maintain the source capture system as required by statute) will not result in a measurable fiscal impact to small business. The Division's review indicates that an estimated ten licensees could be sanctioned per year for a first offense, with a maximum fine of $500, and one licensee sanctioned for a second offense, with a maximum fine of $1,000; this could result in estimated total ongoing citation costs of $6,000 annually. However, the impact of these fines cannot and should not be scaled to all small business nail salons and schools, as they will never affect the overwhelming majority of small businesses who meet the normal standards of their profession and will never be assessed a fine. Stated another way, the nature of the misconduct proposed to be codified in the amended rule is such that the impact of the corresponding fines will never be uniformly felt across the industry. Furthermore, based on the Division's historical review, a licensee sanctioned for misconduct is extremely unlikely to be fined again in succeeding years. This analysis is supported by the fiscal note attached to S.B. 145 (2017), which estimated that enactment of the legislation "likely would not result in direct, measurable expenditures by Utah residents or businesses". In short, after conducting a thorough analysis, the Division has determined that the scope of these proposed amendments is so narrow that they will not affect the vast majority of small business, and will not result in a measurable fiscal impact to small business. Third, the new licensing classifications established by H.B. 287 (2017) for a hair designer, hair designer instructor, and hair design school, could have a positive fiscal impact on small business in two ways: 1) a hair design school established under these new rules may generate revenue from students enrolled in the school; and 2) hair designers and hair designer instructors licensed in accordance with these rules may generate revenue by engaging in a new business. The Division estimates that these proposed rules themselves will not have any fiscal impact on small business over and above this impact from the underlying legislation, except for the choice made to implement the requirements for these classifications and course requirements in as cost-effective a manner as possible. The Division, in collaboration with businesses in the industry, estimates that the start-up costs to add a new hair designer program in accordance with these new rules will be approximately $10,000. This includes accreditation fees and administrative expenditures. It also includes substantial savings on expenses because under these rules the need to comply with expanded cosmetologist/barber license requirements will be unnecessary, and most if not all schools will already have many of the required program features in place. Although it is unknown how many businesses will choose to commence hair designer courses, it is expected that at least most of the schools will have no difficulty in funding these up-front costs and attracting students to cover them. Input from businesses in the industry indicates that the average tuition they will charge for a hair designer license course will range from $10,000 to $12,000 per student, plus an additional $1,300 for the student kit. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None of the proposed rule changes are expected to impact large businesses; the division is unaware of any current schools or spas employing more than 50 individuals, and the division does not expect any new hair design school to be large enough to employ 50 or more persons. As far as individual licensees, first, the proposed amendments establishing a fine schedule for unlawful conduct under Subsections R156-11a-503(4) (performing an ablative procedure in violation of statute) and R156-11a-503(5) (instructor failing to give notice), is not expected to result in a measurable fiscal impact for these other persons. The division's analysis indicates that under Subsection R156-11a-503(4), an estimated five licensees could be sanctioned yearly for a first offense, with a maximum fine of $1,000, and one licensee sanctioned for a second offense with a maximum fine of $2,000, resulting in estimated aggregate ongoing citation costs of $7,000 annually. In turn, under Subsection R156-11a-503(5), an estimated five licensees could be sanctioned per year for a first offense, with a maximum fine of $500, and one licensee sanctioned for a second offense, with a maximum fine of $1,000, resulting in estimated aggregate ongoing citation costs of $3,500 annually. However, the division's analysis indicates that these fines will never impact the overwhelming majority of individuals in the industry who will never be assessed a fine, and further, based on the Division's historical review these sanctioned individuals are highly unlikely to be fined in succeeding years. This analysis is supported by S.B. 145's fiscal note, which found that enactment of the legislation likely would not result in direct, measurable expenditures by Utah residents. Therefore, after conducting a thorough analysis the division has determined that the scope of these proposed amendment is so narrow that it will not affect the vast majority of individual licensees and will not result in a measurable fiscal impact to these other persons. Second, the new hair designer courses implemented under these proposed rules is expected to save individual license applicants time and money by allowing them to enroll in a 1,200 hour course, rather than completing 1,600 hours for a full cosmetology/barber course. The average tuition for a full cosmetology/barber course with student kit is currently $18,700; in contrast, the average tuition for the hair design course is expected to be $12,300 with the student kit, which would translate into a cost savings of $6,400 per licensee. It is difficult to estimate the aggregate cost savings to licensees because the number of students who will ultimately enroll in the new hair designer courses is unknown; the division's outreach to the potential hair design schools and discussions with other persons in the industry reveals uncertainty about what the future student choices will be. The fiscal note for H.B. 287 (2017) estimated that enactment of the bill would result in 100 new hair designer licensees. However, the number of individuals licensed from year to year is expected to be much greater than 100, because of input from schools and licensees in the industry anticipating that approximately 25% of prospective cosmetologist/barber students and 50% of prospective barber students will choose to instead pursue a hair designer license. Therefore, the best estimate is that, based on the figures from the fiscal note and the number of new cosmetologist/barber and barber licenses issued from June 2016 through June 2017, an average of 609 hair designer licenses may be issued per year. Based on these percentages, an estimated 432 individuals would have sought a cosmetology/barber license but for the availability of this new hair designer license. Accordingly, total aggregate savings for individual applicants is expected to be $2,764,800 per year. Finally, the proposed amendments remove the division's $60 application fee for individuals holding an instructor license who apply for an additional instructor license. It is estimated that approximately 38 licensees per year could potential save $60, for an estimated aggregate total savings to these other persons of $2,280 per year. Division records currently show 76 individual instructors with two or more instructor licenses, and from 05/09/2017, through the date of this analysis, two instructor licenses have already been issued for which the fee was waived due to another instructor license already held by the licensee. COMPLIANCE COSTS FOR AFFECTED PERSONS: H.B. 287 (2017) provides three new license classifications. An applicant for a hair designer license will incur a $60 application fee, and a bi-annual renewal fee of $52. An applicant for a hair design school will incur a $110 application fee and bi-annual renewal fee. An applicant for a hair designer instructor will incur a $60 application fee if the individual does not hold any other instructor license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Minor formatting amendments are made throughout most sections of R156-11a for clarification. Substantive amendments: 1) establish additional fine schedules for certain unlawful conduct (including changes to conform with provisions of S.B. 45, passed during the 2017 General Session); 2) create new licensing categories for a hair designer, hair designer instructor and hair design school (as mandated by H.B. 287, passed during the 2017 General Session); and 3) modify the name of the rule to the shortened "Cosmetology and Associated Professions Licensing Act Rule". No fiscal impact to business will result from the formatting amendments and the change of the name of the rule. The proposed amendments establishing a fine schedule for unlawful conduct under Subsections R156-11a-503(1)(d), (e) and (f) (as renumbered and lettered by the formatting changes), will not result in measurable fiscal impact to small business as a whole, and will merely impact those few businesses which are not in compliance with the rule. Further, and based upon the Division's historical review, a licensee sanctioned for misconduct is extremely unlikely to be fined again in a succeeding year (i.e. second offense fines are rare). The new licensing classifications established by H.B. 287 (2017) will likely have a positive fiscal impact on small business in two ways: 1) a hair design school established under these new rules may generate revenue from students enrolled in the school; and 2) hair designers and hair designer instructors licensed in accordance with the rule may generate revenue by beginning new businesses or by earning compensation as instructors. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/06/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, second floor Commerce Hearing Room,Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42018.htm EDUCATION ADMINISTRATION No. 42026 (Amendment): R277-113-6. Required LEA Fiscal Policies. SUMMARY OF THE RULE OR CHANGE: A new requirement is provided to establish internal controls and procedures to record transactions when they occur in the proper program utilizing specific codes established by the Board approved chart of accounts. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Section R277-113-6 will likely not result in a cost or savings to the state budget. The amendments to this rule provide for additional internal controls and procedures that will be beneficial in the management and use of public funds. - LOCAL GOVERNMENTS: The amendments to Section R277-113-6 will likely not result in a cost or savings to local government. The amendments to this rule provide for LEAs to implement additional internal controls and procedures that will be beneficial in the management and use of public funds. - SMALL BUSINESSES: The amendments to Section R277-113-6 will likely not result in a cost or savings to small businesses. The amendments to this rule provide for additional internal controls and procedures that will be beneficial in the management and use of public funds and do not apply to businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Section R277-113-6 will likely not result in a cost or savings to the persons other than small businesses, businesses, or local government entities. The amendments to this rule provide for additional internal controls and procedures that will be beneficial in the management and use of public funds. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Section R277-113-6 will likely not result in any compliance costs for affected persons. The amendments to this rule provide for additional internal controls and procedures that will be beneficial in the management and use of public funds. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42026.htm No. 42027 (Amendment): R277-700. The Elementary and Secondary School General Core. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-700 eliminate the requirement that students complete certain 7th and 8th grade courses before moving to high school but require LEAs to continue to offer the courses for students to enroll in. The amendments also allow LEAs to: 1) offer additional elective courses than those required in the rule; 2) require a student to complete additional courses; or 3) set minimum credit requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-700 will likely not result in a cost or savings to local government. While certain 7th and 8th grade courses are no longer required for students to complete before moving on to high school, LEAs will still be required to make the courses available to students. LEAs may also require additional courses. - LOCAL GOVERNMENTS: The amendments to Rule R277-700 will likely not result in a cost or savings to local government. While certain 7th and 8th grade courses are no longer required for students to complete before moving on to high school, LEAs will still be required to make the courses available to students. LEAs may also require additional courses. - SMALL BUSINESSES: The amendments to Rule R277-700 will likely not result in a cost or savings to small businesses. The amendments to this rule provide for more flexibility to students and LEAs on 7th and 8th grade course requirement and will not impact businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-700 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The amendments to this rule provide for more flexibility to students and LEAs on 7th and 8th grade course requirement and will not impact persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-700 will likely not result in any compliance costs for affected persons. The amendments to this rule provide for more flexibility for students and LEAs to establish 7th and 8th grade course requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42027.htm No. 42028 (Amendment): R277-703. Centennial Scholarship for Early Graduation. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-703 provide procedures and deadlines for students to seek deferrals of scholarships and provide a five-year deadline for students to use the centennial scholarship. Technical and conforming changes are also provided in accordance with the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to Rule R277-703 will likely not result in a cost or savings to the state budget. The amendments to this rule provide for a student to request deferral of a centennial scholarship. - LOCAL GOVERNMENTS: The amendments to Rule R277-703 will likely not result in a cost or savings to local government. The amendments to this rule provide for a student to request deferral of a centennial scholarship. - SMALL BUSINESSES: The amendments to Rule R277-703 will likely not result in a cost or savings to small businesses. The amendments to this rule provide for a student to request deferral of a centennial scholarship, which does not impact businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to Rule R277-703 will likely not result in a cost or savings to the persons other than small businesses, businesses, or local government entities. The Legislature is expected to adjust program funding in future years for anticipated increases in the number of participating students. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to Rule R277-703 will likely not result in any compliance costs for affected persons. The amendments to this rule provide for a student to request deferral of a centennial scholarship. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42028.htm GOVERNOR ECONOMIC DEVELOPMENT No. 42029 (Amendment): R357-11. Technology Commercialization and Innovation Program (TCIP). SUMMARY OF THE RULE OR CHANGE: This change removes the restriction that applicant can only apply for a TCIP grant a maximum of three times for the same technology. However, the removal only allows for more than three applications for the same technology if the same technology has not been already been rejected in three previous solicitations. If it has been rejected in three previous solicitation rounds, the maximum of three applications for the same technology rule still applies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact on the state budget because this rule change only impacts the potential grant recipients and only uses the amount of funds appropriated by the legislature. There is no additional administrative costs associated with this rule change. - LOCAL GOVERNMENTS: There is no impact to local government because they cannot participate in the program. - SMALL BUSINESSES: There is no impact to small businesses because this amendment does not create and new regulations or new requirements that would cost a small business any additional expense if they chose to apply for a grant. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no other persons affected by this rule change because only small business can apply for this grant. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons because this change removes a restriction and does not create any new requirement for applying to receive a grant. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change has no fiscal impact on business because it removes a restriction and does not create any new requirement for applying to receive a grant. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeffrey Van Hulten by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42029.htm HEALTH CHILD CARE CENTER LICENSING COMMITTEE No. 42019 (Amendment): R381-60. Hourly Child Care Centers. SUMMARY OF THE RULE OR CHANGE: This rule was rewritten using simpler language and all rules that were not applicable were deleted. The rule sections were reorganized and renamed, and Rule R430-6 (the background screening rule) and Rule R430-1 (the administrative rule) were also rewritten and combined with this rule to have all requirements in one place. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Some state agencies operate child care centers. However, the Child Care Licensing Committee does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to child care programs operated by state agencies. - SMALL BUSINESSES: Almost all child care centers are small businesses. Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to child care programs operated by small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the Child Care Licensing Committee do not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is not financial impact for any of the parties affected by these proposed rule changes because these rules were only rewritten and reorganized in simpler language and no additional requirements were included. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42019.htm No. 42020 (Amendment): R381-70. Out of School Time Programs. SUMMARY OF THE RULE OR CHANGE: This rule was rewritten using simpler language and all rules that were not applicable were deleted. The rule sections were reorganized and renamed, and Rule R430-6 (the background screening rule) and Rule R430-1 (the administrative rule) were also rewritten and combined with this rule to have all requirements in one place. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Some state agencies operate child care centers. However, the Child Care Licensing Committee does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to child care programs operated by state agencies. - SMALL BUSINESSES: Almost all child care centers are small businesses. Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to child care programs operated by small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the Child Care Licensing Committee do not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is not fiscal impact for any of the parties affected by these proposed rule changes because these rules were only rewritten and reorganized in simpler language and no additional requirements were included. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42020.htm No. 42021 (Amendment): R381-100. Child Care Centers. SUMMARY OF THE RULE OR CHANGE: This rule was rewritten using simpler language and all rules that were not applicable were deleted. The rule sections were reorganized and renamed, and Rule R430-6 (the background screening rule) and Rule R430-1 (the administrative rule) were also rewritten and combined with this rule to have all requirements in one place. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Some state agencies operate child care centers. However, the Child Care Licensing Committee does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: Some local governments operate child care centers. Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to child care programs operated by state agencies. - SMALL BUSINESSES: Almost all child care centers are small businesses. Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to child care programs operated by small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed changes do not add any requirements, the Child Care Licensing Committee does not anticipate any costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, the Child Care Licensing Committee does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is not fiscal impact for any of the parties affected by these proposed rule changes because these rules were only rewritten and reorganized in simpler language and no additional requirements were included. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42021.htm DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42017 (Repeal and Reenact): R392-103. Food Handler Training and Certificate. SUMMARY OF THE RULE OR CHANGE: Defined important commonly used terms, and modified the use of interchangeable and ambiguous terminology. Rewording of Section R392-103-1 for clarity. Section R392-103-2 is a new section recently added to specify the statute under which this rule is authorized. In Section R392-103-3, added definitions for: Certificate, Cross Contact, Cross Contamination, Double Handwash, Food Handler Applicant, Food Establishment, Local Health Department, and Person in Charge. Also amended the definitions for: food handler to include those working in food trucks, and approved Food Handler Training Provider to be simply "Training Provider". In Section R392- 103-4, nonsubstantive changes include the rewording and restructuring of this section to clarify the intent to be more in line with the authorizing statute and the Rulewriting Manual for Utah. Requirements concerning when and how soon food handlers must receive a permit/certificate have not changed. The substantive changes include: addressing replacement of lost permits; only issued by local health departments who may charge a fee. Instead of five days, providers now have seven days to submit food handler applicant data to the local health department. Transmission of this information shall be emailed and accepted by the local health department. Transmission of this information shall be on a form approved by the Department. No one may make changes to what is required in the form unless approved by the Department. Applicants may have their permits mailed to the address of their choosing instead of to their home residence. In Section R392-103-5, no substantive changes made to this section. In Section R392-103-6, nonsubstantive changes include rewording and restructuring of this section. This reformatting makes clear that training needs to be in-line with the currently adopted food code. The four content sections have also been reworded for clarity. The content required has not changed, but this new language is less ambiguous and makes clear what is expected to be taught. These changes in no way proscribe how the content should be taught, but merely make it more clear what should be in a training program. A few items have been moved to different content sections, such as those items concerning unapproved source, to where they fit better. These content sections have been retitled for brevity and still are aligned with the CDC risk factors. Substantive changes include: adding a requirement to: define and give examples of the major food allergens, describe symptoms major food allergens may cause in an individual having an allergic reaction, identify steps to prevent contaminating food and food contact surfaces when handling items recognized as sources of major food allergens. Requiring instructors to have education in food safety equivalent to that of a food safety manager certification. This equivalency can be determined at the local health department for local classes, or by the Department for classes affecting students statewide. A representative of an online course must show the same equivalency. In Section R392-103-7, nonsubstantive changes include rewording for clarity. Substantive changes include: requiring training providers to inform students at the beginning of the course that permits are good for three years statewide and how to get a replacement permit; and being specific on how to prevent duplication of certificates. In Section R392-103-8, a statement has been added to state that currently approved providers have until three years after these changes become effective to come into full compliance. Subsection R392-103-8(2) has been removed as it is no longer relevant. A more descriptive list of items to be included with initial applications for approval has been added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-103 will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-103 will likely result in a savings of $250 per year to the local government, particularly to the local health departments, due primarily to an improvement in the food handler applicant data transfer process. No costs to local governments are anticipated. - SMALL BUSINESSES: Repealing and reenacting Rule R392-103 will likely result in a fiscal impact to small business. There are six small businesses identified in Utah that will be impacted by these changes. The approximate expected cost to each affected business in the first year after implementation of the proposed rule is $795 with an ongoing cost of $45 for each year thereafter. One-time costs include those resulting from the development of new training information regarding food allergens, as well as the implementation of new food handler applicant data transfer protocols. Training providers will incur ongoing costs from obtaining and renewing food protection management training for instructors. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing and reenacting Rule R392-103 will likely result in a fiscal impact to business. There are two larger businesses identified in Utah that will be impacted by these changes. The expected cost to each affected business in the first year after implementation of the proposed rule is $795 with an ongoing cost of $45 for each year thereafter. One-time costs include those resulting from the development of new training information regarding food allergens as well as the implementation of new food handler applicant data transfer protocols. Training providers will incur ongoing costs from obtaining and renewing food protection management training for instructors. COMPLIANCE COSTS FOR AFFECTED PERSONS: No one specific person will be affected by this rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be an impact on both local government and business. A small number of business will see a small fiscal impact during the first year of implementation due to the cost of implementing training regarding food allergens and updating data transfer protocols and then a very small annual ongoing cost for training instructors. The proposed changes will likely result in a savings of $250 per year to the LHDs due to improvement in the food handler applicant data transfer process. There are six small businesses and two larger business identified in Utah that will be impacted by these changes. The approximate expected cost to each affected business in the first year after implementation of the proposed rule is $795 with an ongoing cost of $45 for each year thereafter. One-time costs include those resulting from the development of new training information regarding food allergens, as well as the implementation of new food handler applicant data transfer protocols. Training providers will incur ongoing costs from obtaining and renewing food protection management training for instructors. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 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: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42017.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42007 (Amendment): R414-1-29. Medicaid Policy for Reconstructive and Cosmetic Procedures. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies Medicaid policy on coverage for cosmetic procedures and reconstructive surgery. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies Medicaid policy. It neither affects service coverage to Medicaid members nor reimbursement to Medicaid providers. - LOCAL GOVERNMENTS: There is no budget impact to local governments because they neither fund nor provide cosmetic or reconstructive procedures to Medicaid members. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies Medicaid policy. It neither affects service coverage to Medicaid members nor reimbursement to Medicaid providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because this change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this change only clarifies Medicaid policy. It neither affects service coverage nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 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: 10/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42007.htm FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 42022 (Amendment): R430-50. Residential Certificate Child Care. SUMMARY OF THE RULE OR CHANGE: This rule was rewritten using simpler language and all rules that were not applicable were deleted. The rule sections were reorganized and renamed, and Rule R430-6 (the background screening rule) and Rule R430-1 (the administrative rule) were also rewritten and combined with this rule to have all requirements in one place. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate child care homes. Therefore, Child Care Licensing does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: No local governments operate child care homes. Therefore, Child Care Licensing does not anticipate any cost or savings as a result of this change. - SMALL BUSINESSES: All child care homes are small businesses. Since the proposed changes do not add any requirements, Child Care Licensing does not anticipate any costs or savings to child care programs operated by small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed changes do not add any requirements, Child Care Licensing does not anticipate any costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, Child Care Licensing does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is not fiscal impact for any of the parties affected by these proposed rule changes because these rules were only rewritten and reorganized in simpler language and no additional requirements were included. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42022.htm No. 42023 (Amendment): R430-90. Licensed Family Child Care. SUMMARY OF THE RULE OR CHANGE: This rule was rewritten using simpler language and all rules that were not applicable were deleted. The rule sections were reorganized and renamed, and Rule R430-6 (the background screening rule) and Rule R430-1 (the administrative rule) were also rewritten and combined with this rule to have all requirements in one place. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies operate child care homes. Therefore, Child Care Licensing does not anticipate any cost or savings as a result of this change. - LOCAL GOVERNMENTS: No local governments operate child care homes. Therefore, Child Care Licensing does not anticipate any cost or savings as a result of this change. - SMALL BUSINESSES: All child care homes are small businesses. Since the proposed changes do not add any requirements, Child Care Licensing does not anticipate any costs or savings to child care programs operated by small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since the proposed changes do not add any requirements, Child Care Licensing does not anticipate any costs or savings to entities or persons that are not small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule will not change any of the requirements for child care programs, Child Care Licensing does not anticipate any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is not fiscal impact for any of the parties affected by these proposed rule changes because these rules were only rewritten and reorganized in simpler language and no additional requirements were included. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Simon Bolivar by phone at 801-803-4618, by FAX at 801-237-0786, or by Internet E-mail at sbolivar@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/10/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42023.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 42000 (Amendment): R432-300. Small Health Care Facility - Type N. SUMMARY OF THE RULE OR CHANGE: The rule amendment defines which courses can be utilized to certify Small Health Care Facility - Type N staff in CPR. This amendment also corrects many outdated references and corrects errors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the state budget because this amendment simply updates references and clarifies the rule requirements. - LOCAL GOVERNMENTS: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the local government budget because this amendment simply updates references and clarifies the rule requirements. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the small businesses budget because this amendment simply updates references and clarifies the rule requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses, individuals, local governments, and persons that are not small businesses because this amendment simply updates references and clarifies the rule requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to affected persons because this amendment simply updates references and clarifies the rule requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42000.htm TRANSPORTATION MOTOR CARRIER No. 42010 (Amendment): R909-2. Utah Size and Weight Rule. SUMMARY OF THE RULE OR CHANGE: Using the information in the FHWA Memorandum of 02/24/2016, the Motor Carrier Division has revised Rule R909-2 (and the definitions) to meet the federal requirements for Milk Products, Covered Heavy-Duty Tow and Recovery Vehicles, Emergency Vehicles, Natural Gas Vehicles, Commercial Delivery of Light- and Medium Duty Trailers, and Stinger-steered combinations. Section R909-2-16 is revised to allow divisible permits to be permitted up to 14 feet 6 inches. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings to state budget is anticipated because the amendment only affects the Utah Department of Transportation (UDOT) and the motor carriers it regulates. - LOCAL GOVERNMENTS: No additional costs or savings to local governments are anticipated because the amendment only affects UDOT and the motor carriers it regulates. - SMALL BUSINESSES: No additional costs or savings to small businesses are anticipated because the amendment only affects UDOT and the motor carriers it regulates. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Customers will now be allowed to move a divisible load up to 14 feet 6 inches where they were previously limited to a 14-foot maximum height. Loads will no longer have to be altered to meet the lower height restriction. UDOT is unable to definitively identify cost savings to these customers without knowing the specific loads and efforts put forth to meet the previous requirements. Changes made due to the FAST Act will result in no additional costs or savings to small businesses, businesses, or local government entities because the amendment only affects UDOT and the motor carriers it regulates. COMPLIANCE COSTS FOR AFFECTED PERSONS: The FAST Act is designed to save money for vehicles with longer legal dimensions, and additional legal weight limitations. Affected persons will experience savings with the semi-trailer definition changed from 48 to 53 feet. Covered heavy-duty and recovery vehicles weight limitations do not apply. A Stinger-steered combination has increased from 75 feet to less than 80 feet. A trailer transporter now has an overall length limitation of less than 82 feet on a towaway transporter combination. The legal weight limitation in Table 2 does not apply to emergency vehicles and natural gas vehicles. Emergency vehicles may exceed the weight limits up to 86,000 pounds, and a natural gas vehicle may exceed any vehicle weight limit up to 82,000 pounds. Compliance costs include the requirement to acquire a single trip permit for trailers in excess of 53 feet, and to acquire LCV authority to purchase semi-annual and annual permits. Haulers of milk products may now exceed the gross weight limit of 80,000 lbs, providing that they purchase an appropriate non-divisible permit. Customers will now be allowed to move a divisible load up to 14 feet 6 inches where they were previously limited to a 14-foot maximum height. Loads will no longer have to be altered to meet the lower height restriction. UDOT is unable to definitively identify cost savings to these customers without knowing the specific loads and efforts put forth to meet the previous requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment to Rule R909-2 should not have a fiscal impact on businesses in general. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 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: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42010.htm OPERATIONS, TRAFFIC AND SAFETY No. 42012 (New Rule): R920-30. State Safety Oversight. SUMMARY OF THE RULE OR CHANGE: This new rule adopts the contents and requirements of 49 CFR Pert 674 by reference to be used as its program standard for overseeing the safety and security of the state's rail fixed guideway systems. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: UDOT anticipates that this new rule will result in additional cost to the state budget because it assigns greater responsibilities to UDOT regarding its oversight of the safety and security of the state's rail fixed guideway systems. However, the mechanism for overseeing the safety and security of the state's rail fixed guideway systems is already in place, so these additional cost will likely be de minimus. - LOCAL GOVERNMENTS: UDOT does not anticipate this new rule will result in any additional cost or savings to the budgets of local governments because it does not require anything of local governments. - SMALL BUSINESSES: UDOT does not anticipate this new rule will result in any additional cost or savings to the budgets of small businesses because it does not require anything of small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: UDOT does not anticipate this new rule will result in any additional cost or savings to the budgets of persons other than small businesses, businesses, or local government entities because it does not require anything of persons other than small businesses, businesses, or local government entities. This new rule will only affect UDOT and the state agency responsible for the state's rail fixed guideway systems, which is the Utah Transit Authority. COMPLIANCE COSTS FOR AFFECTED PERSONS: UDOT anticipates that this new rule will result in additional costs to the budgets of the affected state agencies because it adds requirements for maintaining the safety and security of the state's rail fixed guideway systems. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule should not have any fiscal impact on businesses. Its impact will be limited to state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 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: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42012.htm No. 42011 (Amendment): R920-50. Ropeway Operation Safety. SUMMARY OF THE RULE OR CHANGE: This change adds definitions for "Governing Standard" and "Testing Personnel," which are based on similar definitions in the most recent ANSI standards, and changes text in the body of the rule so that it conforms to the new definitions. The section of this rule that regulates air space requirements relative to passenger ropeways is also amended to reflect the numbering on the most recent ANSL standards. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Utah Department of Transportation (UDOT) does not anticipate that this rule change will result in any additional cost or savings to the state budget. The changes are technical and do not involve fiscal matters of any kind. - LOCAL GOVERNMENTS: UDOT does not anticipate that this rule change will result in any additional cost or savings to the budgets of local governments. The changes are technical and do not involve fiscal matters of any kind. - SMALL BUSINESSES: UDOT does not anticipate that this rule change will result in any additional cost or savings to the budgets of small businesses irrespective of industry or location within the state. The changes are technical and do not involve fiscal matters of any kind. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: UDOT does not anticipate that this rule change will result in any additional cost or savings to the budgets of persons other than small businesses, businesses, or local government entities, irrespective of industry or location within the state. The changes are technical and do not involve fiscal matters of any kind. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes will not result in compliance costs for persons affected by the rule. The changes are technical and do not involve fiscal matters of any kind. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will not have a fiscal impact on business generally. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 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: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42011.htm No. 42008 (Repeal): R920-51. Safety Regulations for Railroads. SUMMARY OF THE RULE OR CHANGE: This change repeals the rule entirely. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this change will result in any additional cost to the state budget. The change may result in savings to the state budget because the Department will no longer need to enforce the federal regulations the rule adopts by reference, but these savings are difficult to measure and since this change eliminates the rule, quantifying any savings is not practical or cost effective. - LOCAL GOVERNMENTS: The Department does not anticipate that this change will result in any additional cost or savings to the the budgets of local governments because the rule does not apply to local governments. - SMALL BUSINESSES: The Department does not anticipate that this change will result in any additional cost or savings to the the budgets of small businesses because the rule does not apply to small businesses. Any effect the rule may have on the budgets of small businesses is derivative and impossible to quantify. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this change will result in any additional cost or savings to the the budgets of persons other than small businesses, businesses, or local government entities because the rule does not apply to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate that this change will result in any compliance costs for persons affected by the rule because the change eliminates the existing rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal of Rule R920-51 should have no appreciable or quantifiable affect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 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: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42008.htm PRECONSTRUCTION No. 42009 (Amendment): R930-3. Highway Noise Abatement. SUMMARY OF THE RULE OR CHANGE: Conditions that must exist before the Department will install noise abatement devices are changed to provide the public with greater opportunity for noise abatement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this amendment to the rule will result in any additional cost or a saving to the state's budget. It is a minor change that accommodates public efforts to seek noise abatement. The amendment may result in additional cost to the Department, but those additional costs will be de minimus and will likely be offset by savings due to decreased complaints. - LOCAL GOVERNMENTS: The Department does not anticipate that this amendment to the rule will result in any additional cost or a saving to the budgets of local governments. The amendment does not apply to local governments and should not affect their budgets in any way. - SMALL BUSINESSES: The Department does not anticipate that this amendment to the rule will result in any additional cost or a saving to the budgets of small businesses. The amendment is focused on assisting the public as a whole and not small businesses specifically, and should not affect their budgets in any way. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this amendment to the rule will result in any additional cost or a saving to the budgets of persons other than small businesses, businesses, or local government entities. The amendment is focused on providing a benefit for the public as a whole and, and should not affect the budgets of persons other than small businesses, businesses, or local government entities in any way. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons should benefit from this amendment to the rule by providing all persons with greater opportunity for noise abatement. The amendment should result in no cost whatsoever for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule amendment will have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 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: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42009.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends October 2, 2017. From the end of the 30-day waiting period through December 30, 2017, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. PUBLIC SERVICE COMMISSION ADMINISTRATION No. 41644 (Change in Proposed Rule): R746-360-4. Application of Fund Surcharges to Customer Billings. SUMMARY OF THE RULE OR CHANGE: The term "connection" is defined by reference to Subsection 54-8b-15(1)(c). Terminology is introduced to foster concision within the rule. Language regarding an end-user surcharge as the funding mechanism for the Utah Universal Service Fund (UUSF) is modified to clarify that the surcharge may be included in an all-inclusive billing plan. Where a provider administers a multi-line service, the provider is required to apply the surcharge, on a monthly basis, to the total number of concurrent real- time voice communication call sessions that end-users can place to or receive from the public switched telephone network. The surcharge may be waived for any end-user who is paying a similar surcharge to a different state. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the June 1, 2017, issue of the Utah State Bulletin, on page 180. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Public Service Commission (PSC) and the Division of Public Utilities have been administering the UUSF for many years and have the budget to continue doing so. The changes proposed to the surcharge mechanism through the original filing and this change to proposed rule will not have a fiscal impact on the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the rules through which the UUSF is funded. No fiscal impact to local government is anticipated. - SMALL BUSINESSES: The analysis set forth in the original filing is unaffected by this change to proposed rule. That analysis is as follows: "Small businesses that provide access lines will be required to adjust their billing in order to assess and remit a per-access line surcharge (as opposed to remitting a percentage of their revenues). To comply, these businesses might need to change or modify their billing software. All such costs were considered by the Legislature in determining to allow migration to a per- connection surcharge. Further, such costs will vary and cannot be estimated by the PSC. However, the PSC notes that most of the small businesses affected by this rule have historically assessed a per-access line surcharge in order to fund a program that provides telephony assistance to individuals who are deaf, hard of hearing, or severely speech challenged. Therefore, the PSC anticipates that, for the majority of affected businesses, the migration from a revenue-based remittance to a connection-based remittance will not pose a meaningful fiscal burden." - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The analysis set forth in the original filing is unaffected by this change to proposed rule. That analysis is as follows: "Customers of businesses that provide access lines will be charged $0.36 per month per access line." COMPLIANCE COSTS FOR AFFECTED PERSONS: The analysis set forth in the original filing is unaffected by this change to proposed rule. That analysis is as follows: "To comply, affected persons must collect from their customers and remit to the PSC a monthly per-connection surcharge. Providers of access lines will need to obtain or modify billing software accordingly. The associated costs will vary and cannot be anticipated. However, where most providers have historically collected a per-connection surcharge to comply with other statutory requirements, it is anticipated that the associated costs will be minimal." COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The comments provided in the original filing are unaffected by this change to proposed rule. Those comments are as follows: "As stated in the rule analysis, the fiscal impact to businesses will result from IT programming or software that might be necessary in order to comply with a per-connection surcharge requirement rather than a revenue-based remittance requirement. It is anticipated that the conversion costs will be minimal and well within the regulatory budget of Utah's access line providers." INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/02/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6763, or by Internet E-mail at jjonsson@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/09/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/41644.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm- code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. AGRICULTURE AND FOOD PLANT INDUSTRY No. 41997 (5-year Review): R68-15. Quarantine Pertaining to Japanese Beetle, (Popillia Japonica). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to protect the agricultural industry in the state of Utah from the infestation of the Japanese Beetle. The rule prohibits the importation of high risk items from states that are known to have a quarantine in place for the Japanese Beetle. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Ure by phone at 801-538-4976, or by Internet E-mail at mure@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov - Scott Ericson by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov EFFECTIVE: 08/03/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/41997.htm EDUCATION ADMINISTRATION No. 42013 (5-year Review): R277-419. Pupil Accounting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-419 continues to be necessary because it provides procedures used in apportioning and distributing state funds for education. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42013.htm No. 42014 (5-year Review): R277-700. The Elementary and Secondary School General Core. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-700 continues to be necessary because it provides minimum Core Standards and General Core requirements, as required by state law, and to establish responsibility for mastery of Core Standard requirements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42014.htm No. 42015 (5-year Review): R277-703. Centennial Scholarship for Early Graduation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-703 continues to be necessary because it provides standards and outlines the procedures for a student to qualify for an early graduation centennial scholarship. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42015.htm HEALTH HEALTH CARE FINANCING No. 42016 (5-year Review): R410-14. Administrative Hearing 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 Department will continue this rule because it implements standard hearing procedures that include provisions for notification, reinstatement and continuation of services, hearing availability, recordings, telephonic hearings, travel costs, and witness testimony. 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: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42016.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 42024 (5-year Review): R657-12. Hunting and Fishing Accommodations for People with Disabilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The standards and procedures adopted in Rule R657-12 have worked well in providing fairness to all concerned individuals. The provisions of this rule have provided an effective and efficient process for persons to obtain a certificate of registration for taking wildlife from a vehicle and persons to obtain a fishing license as authorized under Subsection 23-19-36(1). Continuation of this rule is necessary for continued success of the program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 08/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42024.htm PUBLIC SAFETY DRIVER LICENSE No. 42005 (5-year Review): R708-47. Emergency Contact Database. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Subsection 53-3-205.6(4) authorizes the Division to make rules regarding procedures to implement the database, and specify a method for information to be added or changed in the database and additional rules required to operate the database. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42005.htm No. 42006 (5-year Review): R708-48. Ignition Interlock System 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 is required under Section 53-3-1004. Ignition interlock systems are required for drivers to reinstate a driver license following the suspension for an alcohol offense. The rule allows for greater definition of the requirements needed by ignition interlock providers that install a system into a drivers vehicle and ensures that qualified licensed installers are performing this function. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42006.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 42025 (5-year Review): R850-100. Trust 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: Statute requires that the agency develop rules setting forth planning procedures to be undertaken regarding trust lands. This rule provides the necessary planning guidelines to ensure that the agency is in compliance with its fiduciary responsibilities and that interested parties are given an opportunity to participate in that planning. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov EFFECTIVE: 08/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170901/42025.htm NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. Notices of Effective Date are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4-5a and R15-4-5b. ADMINISTRATIVE SERVICES FINANCE No. 41798 (AMD): R25-7.Travel-Related Reimbursements for State Employees Published: 07/01/2017 Effective: 08/07/2017 AGRICULTURE AND FOOD PLANT INDUSTRY No. 41675 (NEW): R68-23.Utah Firewood Quarantine Published: 06/15/2017 Effective: 08/03/2017 CORRECTIONS ADMINISTRATION No. 41460 (AMD): R251-305.Visiting at Community Correctional Centers Published: 05/01/2017 Effective: 08/15/2017 No. 41500 (AMD): R251-706.Inmate Visiting Published: 05/15/2017 Effective: 08/15/2017 EDUCATION ADMINISTRATION No. 41768 (AMD): R277-101.Utah State Board of Education Procedures Published: 07/01/2017 Effective: 08/07/2017 No. 41769 (REP): R277-103.USOE Government Records and Management Act Published: 07/01/2017 Effective: 08/07/2017 No. 41770 (REP): R277-111.Sharing of Curriculum Materials by Public School Educators Published: 07/01/2017 Effective: 08/07/2017 No. 41771 (REP): R277-115.Material Developed with State Public Education Funds Published: 07/01/2017 Effective: 08/07/2017 No. 41772 (NEW): R277-120.Licensing of Material Developed with Public Education Funds Published: 07/01/2017 Effective: 08/07/2017 No. 41773 (NEW): R277-121.Board Waiver of Administrative Rules Published: 07/01/2017 Effective: 08/07/2017 No. 41774 (REP): R277-408.Grants for Online Testing Published: 07/01/2017 Effective: 08/07/2017 No. 41775 (AMD): R277-410.Accreditation of Schools Published: 07/01/2017 Effective: 08/07/2017 No. 41776 (AMD): R277-460.Distribution of Substance Abuse Prevention Account Published: 07/01/2017 Effective: 08/07/2017 No. 41777 (REP): R277-467.Distribution of Funds Appropriated for Library Media Materials and Electronic Resources Published: 07/01/2017 Effective: 08/07/2017 No. 41778 (AMD): R277-479.Charter School Special Education Student Funding Formula Published: 07/01/2017 Effective: 08/07/2017 No. 41779 (AMD): R277-484.Data Standards Published: 07/01/2017 Effective: 08/07/2017 No. 41780 (AMD): R277-485.Loss of Enrollment Published: 07/01/2017 Effective: 08/07/2017 No. 41781 (AMD): R277-488.Critical Languages Program Published: 07/01/2017 Effective: 08/07/2017 No. 41782 (AMD): R277-489.Early Intervention Program Published: 07/01/2017 Effective: 08/07/2017 No. 41783 (NEW): R277-493.Kindergarten Supplemental Enrichment Program Published: 07/01/2017 Effective: 08/07/2017 No. 41784 (NEW): R277-514.Deaf Education in Public Schools Published: 07/01/2017 Effective: 08/07/2017 No. 41785 (AMD): R277-520.Appropriate Licensing and Assignment of Teachers Published: 07/01/2017 Effective: 08/07/2017 No. 41786 (AMD): R277-531.Public Educator Evaluation Requirements (PEER) Published: 07/01/2017 Effective: 08/07/2017 No. 41787 (AMD): R277-533.District Educator Evaluation Systems Published: 07/01/2017 Effective: 08/07/2017 No. 41788 (AMD): R277-609-4.LEA Responsibilities to Develop Plans Published: 07/01/2017 Effective: 08/07/2017 No. 41789 (REP): R277-618.Educator Peer Assistance and Review Pilot Program (PAR Program) Published: 07/01/2017 Effective: 08/07/2017 No. 41790 (REP): R277-720.Child Nutrition Programs Published: 07/01/2017 Effective: 08/07/2017 No. 41791 (AMD): R277-733.Adult Education Programs Published: 07/01/2017 Effective: 08/07/2017 No. 41792 (AMD): R277-735.Corrections Education Programs Published: 07/01/2017 Effective: 08/07/2017 No. 41793 (NEW): R277-753.LEA Reporting Requirements for Section 504 Students Published: 07/01/2017 Effective: 08/07/2017 No. 41794 (AMD): R277-911.Secondary Career and Technical Education Published: 07/01/2017 Effective: 08/07/2017 No. 41795 (AMD): R277-923.American Indian and Alaskan Native Education State Plan Pilot Program Published: 07/01/2017 Effective: 08/07/2017 ENVIRONMENTAL QUALITY AIR QUALITY No. 41626 (AMD): R307-122.General Requirements: Heavy Duty Vehicle Tax Credit Published: 06/01/2017 Effective: 08/03/2017 No. 41627 (NEW): R307-230.NOx Emission Limits for Natural Gas-Fired Water Heaters Published: 06/01/2017 Effective: 08/03/2017 No. 41628 (AMD): R307-309.Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust Published: 06/01/2017 Effective: 08/04/2017 WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 41650 (AMD): R315-15.Standards for the Management of Used Oil Published: 06/01/2017 Effective: 08/31/2017 No. 41651 (AMD): R315-260.Hazardous Waste Management System Published: 06/01/2017 Effective: 08/31/2017 No. 41652 (AMD): R315-261.General Requirements – Identification and Listing of Hazardous Waste Published: 06/01/2017 Effective: 08/31/2017 No. 41653 (AMD): R315-262.Hazardous Waste Generator Requirements Published: 06/01/2017 Effective: 08/31/2017 No. 41654 (AMD): R315-263-12.Transfer Facility Requirements Published: 06/01/2017 Effective: 08/31/2017 No. 41655 (AMD): R315-264.Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 06/01/2017 Effective: 08/31/2017 No. 41656 (AMD): R315-265-1.Incorporation Published: 06/01/2017 Effective: 08/31/2017 No. 41657 (AMD): R315-266-80.Spent Lead-Acid Batteries Being Reclaimed -- Applicability and Requirements Published: 06/01/2017 Effective: 08/31/2017 No. 41658 (AMD): R315-268.Land Disposal Restrictions Published: 06/01/2017 Effective: 08/31/2017 No. 41659 (AMD): R315-270-1.Hazardous Waste Permit Program -- Purpose and Scope of These Regulations Published: 06/01/2017 Effective: 08/31/2017 No. 41660 (AMD): R315-273.Standards for Universal Waste Management Published: 06/01/2017 Effective: 08/31/2017 No. 41661 (AMD): R315-301-2.Definitions Published: 06/01/2017 Effective: 08/31/2017 No. 41662 (AMD): R315-304-3.Definitions Published: 06/01/2017 Effective: 08/31/2017 No. 41663 (AMD): R315-305-3.Definitions Published: 06/01/2017 Effective: 08/31/2017 HUMAN SERVICES AGING AND ADULT SERVICES No. 41698 (AMD): R510-302.Adult Protective Services Published: 06/15/2017 Effective: 08/07/2017 NATURAL RESOURCES WILDLIFE RESOURCES No. 41832 (AMD): R657-6.Taking Upland Game Published: 07/01/2017 Effective: 08/07/2017 No. 41833 (AMD): R657-54.Taking Wild Turkey Published: 07/01/2017 Effective: 08/07/2017 SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH. ADMINISTRATION No. 41804 (R&R): R856-1.USTAR Technology Acceleration Program Grants Published: 07/01/2017 Effective: 08/15/2017 No. 41812 (R&R): R856-2.USTAR University-Industry Partnership Program Grants Published: 07/01/2017 Effective: 08/15/2017 No. 41813 (R&R): R856-3.USTAR University Technology Acceleration Grants Published: 07/01/2017 Effective: 08/15/2017 No. 41815 (R&R): R856-4.USTAR Science Technology Initiation Grant Published: 07/01/2017 Effective: 08/15/2017 No. 41828 (R&R): R856-5.USTAR Energy Research Triangle Professors Grant Published: 07/01/2017 Effective: 08/15/2017 No. 41829 (R&R): R856-6.USTAR Energy Research Triangle Scholars Grant Published: 07/01/2017 Effective: 08/15/2017 No. 41481 (NEW): R856-7.USTAR Definition of High-Quality Job Published: 05/15/2017 Effective: 08/15/2017 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/ . <> ----------------------------