---------------------------- Utah State Digest, Vol. 2017, No. 24 (December 15, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed November 16, 2017, 12:00 AM through December 1, 2017, 11:59 PM Volume 2017, No. 24 December 15, 2017 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Logan Moderate PM2.5 SIP NNSR Demonstration and Ammonia Sensitivity Analysis for the Logan Nonattainment Area - Mat Carlile by phone at 801-536-4116, by FAX at 801-536-4136, or by Internet E-mail at mcarlile@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/sn159650.htm Notice for January 2018 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/sn159653.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Creating a Community Development Block Grant Program Board, Utah Exec. Order No. 2017-9 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc159651.htm Repealing the Recording Policy Review Board, Utah Exec. Order No. 2017-10 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc159673.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between November 16, 2017, 12:00 a.m., and December 1, 2017, 11:59 p.m. are summarized in this, the December 15, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the December 15, 2017, issue of the Utah State Bulletin until at least January 16, 2018 (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 April 14, 2018, 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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 42347 (Amendment): R23-5. Contingency Funds. SUMMARY OF THE RULE OR CHANGE: This amendment is to correct statutory references in Sections R23-5-2 and R23-5-3 and correct a typo in the Section R23-5-4. Subsection R23-5-6(2)(e) is also removed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. Subsection R23-5-6(2)(e) is redundant and already addressed in Subsection R23-5-6(1). - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments. Subsection R23-5-6(2)(e) is redundant and already addressed in Subsection R23-5-6(1). - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. Subsection R23-5-6(2)(e) is redundant and already addressed in Subsection R23-5-6(1). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Subsection R23- 5-6(2)(e) is redundant and already addressed in Subsection R23-5-6(1). COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance costs for affected persons as Subsection R23-5-6(2)(e) is redundant and already addressed in Subsection R23-5-6(1). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact that this rule may have on businesses. Subsection R23-5-6(2)(e) is redundant and already addressed in Subsection R23-5-6(1). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42347.htm No. 42348 (Amendment): R23-9. Cooperation with Local Government Planning. SUMMARY OF THE RULE OR CHANGE: This amendment makes statutory citation corrections and removes Subsections R23-9-3(2), (2)(a), and (2)(b). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated cost or savings to the state budget. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law. - LOCAL GOVERNMENTS: There are no anticipated cost or savings to local governments. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law. - SMALL BUSINESSES: There are no anticipated cost or savings to small businesses. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts that this rule may have on business. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Reddoor by phone at 801-971-9830, or by Internet E-mail at jreddoor@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42348.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42338 (Amendment): R156-72. Acupuncture Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-72-102(1), the proposed amendments make minor formatting changes for clarification. Subsection R156- 72-102(4) is a new subsection that clarifies the terms "herbs" and "homeopathics" used in Subsection 58-72-102(4)(b)(ii), by giving the following non-exclusive list of herbs and homeopathic substances that may be recommended, administered, or provided: vitamins, minerals, amino acids, proteins, and enzymes. Subsection R156-72-102(5) is amended to more clearly define "insertion of acupuncture needles" in the practice of acupuncture, by including "myofascial" trigger point therapy, "intramuscular therapy", and "proprioceptive stimulation". The changes in Subsection R156-72-102(6) clarify that the National Commission for the Certification of Acupuncture and Oriental Medicine (NCCAOM) was formerly known as the National Commission for the Certification of Acupuncturists. In Section R156-72-302a, the proposed amendment deletes the reference to NCCAOM's former name as it is now included in the definition under Subsection R156-72-102(6). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, the proposed amendments will not cause any party to experience a cost or benefit, and will not change the price or quantity of any exchanges between any parties. As a result, this rule is not expected to impact the state, beyond a minimal cost to the Division of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, the proposed amendments will not cause any party to experience a cost or benefit, and will not change the price or quantity of any exchanges between any parties. As a result, this rule is not expected to impact local governments. - SMALL BUSINESSES: These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, the proposed amendments will not cause any party to experience a cost or benefit, and will not change the price or quantity of any exchanges between any parties. As a result, this rule is not expected to impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, the proposed amendments will not cause any party to experience a cost or benefit, and will not change the price or quantity of any exchanges between any parties. As a result, this rule is not expected to impact other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments only make minor formatting changes and clarifications to the existing rule and do not impose any additional compliance cost on any affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, these amendments will not cause any party to experience any cost or benefit, and will not change the price or quantity of any exchanges between any parties. These rule amendments are not expected to impact small or non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 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: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42338.htm GOVERNOR CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON) No. 42337 (Amendment): R356-2-10. Evaluation Criteria. SUMMARY OF THE RULE OR CHANGE: This amendment provides three additional evaluation criteria to be used by members of the judicial nominating commissions: 1) interest in, understanding of, and experience with issues facing children and families when evaluating applicants for juvenile court; 2) ability to give and receive criticism of opinions and arguments without taking offense when evaluating applicants for appellate courts; and 3) the background and experience of applicants in relation to the current composition of the bench when applicants' qualifications appear comparable in other respects. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment will likely not result in a cost or savings to the state budget. The rule is updated to clarify evaluation criteria. - LOCAL GOVERNMENTS: This amendment will likely not result in a cost or savings to local governments. The rule is updated to clarify evaluation criteria. - SMALL BUSINESSES: This amendment will likely not result in a cost or savings to small businesses. The rule is updated to clarify evaluation criteria. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The rule is updated to clarify evaluation criteria. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment will likely not result in compliance costs for affected persons. The rule is updated to clarify evaluation criteria. 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 amendment would 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 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Holly Langton by phone at 801-538-1050, or by Internet E-mail at hlangton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42337.htm CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON), INDIGENT DEFENSE COMMISSION No. 42351 (New Rule): R364-1. Conflicts of Interest for Indigent Defense Commission Members. SUMMARY OF THE RULE OR CHANGE: The proposed rule establishes standards and procedures to identify and address potential conflicts of interest for members of the Indigent Defense Commission. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule only applies to the actions of the individual members of the Indigent Defense Commission in their official capacity, and there are no costs associated with the proposed rule. As a result, it is not anticipated that the proposed rule will have any impact on state government revenues or expenditures. - LOCAL GOVERNMENTS: This proposed rule only applies to the actions of the individual members of the Indigent Defense Commission in their official capacity, and there are no costs associated with the proposed rule. As a result, it is not anticipated that the proposed rule will have any impact on local governments. - SMALL BUSINESSES: This proposed rule only applies to the actions of the individual members of the Indigent Defense Commission in their official capacity, and there are no costs associated with the proposed rule. As a result, it is not anticipated that the proposed rule will have any impact on small businesses in Utah. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule only applies to the actions of the individual members of the Indigent Defense Commission in their official capacity, and there are no costs associated with the proposed rule. As a result, it is not anticipated that the proposed rule will have any impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule only applies to the official actions of the individual members of the Indigent Defense Commission, as related to the identification and process to address potential conflicts of interest of members. As a result, it is not anticipated that the proposed rule will have any compliance costs for affected persons. 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 any fiscal impact to small or non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Taylor Mosolf by phone at 801-839-4153, or by Internet E-mail at taylormosolf@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42351.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42353 (Amendment): R414-517. Inpatient Hospital Provider Assessments. SUMMARY OF THE RULE OR CHANGE: In accordance with Title 26, Chapter 36b, this amendment designates the rate methodology for non-state government hospital-intergovernmental transfers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because the Legislature has already appropriated funds to implement the IHAA. This amendment only designates rate methodology and does not create further costs or savings. - LOCAL GOVERNMENTS: There is no impact to local governments because the Legislature has already appropriated funds to implement the IHAA. This amendment only designates rate methodology and does not create further costs or savings. - SMALL BUSINESSES: There is no impact to small businesses because the Legislature has already appropriated funds to implement the IHAA. This amendment only designates rate methodology, and neither creates further costs nor affects potential revenue. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid members because the Legislature has already appropriated funds to implement the IHAA. This amendment only designates rate methodology, and does not affect costs, savings, or potential revenue. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because the Legislature has already appropriated funds to implement the IHAA. This amendment only designates rate methodology, and does not affect costs, savings, or potential revenue. 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 amendment 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 01/16/2018 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: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42353.htm FAMILY HEALTH AND PREPAREDNESS, PRIMARY CARE AND RURAL HEALTH No. 42334 (New Rule): R434-150. Adverse Events from the Administration of Sedation or Anesthesia; Recording and Reporting. SUMMARY OF THE RULE OR CHANGE: This rule establishes a reporting database within the Department for anesthesia-related adverse events that occur in outpatient settings, as required by the relevant and governing statutes listed above. To implement the database and other requirements of statute, the rule also: 1) defines an adverse event, levels of sedation, near misses, and conditions under which escalation of care or rescue can be identified; 2) describes a level of harm scale; and 3) describes the data elements and formats of annual reports. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The anticipated cost to state government is $30,000 per year based on 0.20 FTE for Patient Safety Director to meet with subject matter experts, develop set of regulations, publish regulations, respond to public comments and rewrite, design database, provide training and outreach to impacted provider groups, manage reporting function and database security, create annual reports and report to legislature findings. It is estimated that approximately 50 events might be reported on an annual basis from outpatient services. However, there is no way to determine the exact amount at this time. - LOCAL GOVERNMENTS: There is no anticipated impact to local governments due to the fact that there are not likely to be any local government-owned clinics that are administering anesthesia. - SMALL BUSINESSES: Total employers impacted is 1,750 clinics which are identified below. Small Businesses, under 621111, are: Individual physician's offices: direct fiscal costs; Small physician clinics: direct fiscal costs; Small dentists offices: direct fiscal costs; and Small group practices: direct fiscal costs. Non-small Businesses, under 621111, are: Individual physician’s offices: Direct fiscal costs; Physician clinics: direct fiscal costs; Dentists offices: direct fiscal costs; and Group practices: direct fiscal costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The number of licensed practitioners potentially impacted are identified below. Although these requirements only apply to outpatient clinics, the Department cannot determine which of these practitioners are working inpatient verses outpatient, therefore all are counted: Section 58- 5a-502, Podiatry Physicians, 228; Section 58-31b-502.5, Nurse Practice Act, 38,842; Section 58-67-502.5, Utah Medical Practice Act, 12,175; Section 58- 68-502.5, Utah Osteopathic Medical Act, 972; and Section 502.5, Utah Dentist and Dental Hygiene Act, 6,279. This totals 58,496. COMPLIANCE COSTS FOR AFFECTED PERSONS: Small Businesses: 621111, 20 events per year at 30 minutes = 10 hours, $200 per hour = $2,000 per year. Non- small Businesses: 621111, 30 events per year at 30 minutes = 15 hours, 15 hours x $200 per hour = $3,000 per year. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Small and non-small businesses, that are medical care providers. who administer anesthesia in non-emergency department outpatient settings will be minimally impacted by the direct cost of reporting adverse events. I approve publication of this proposed new Rule R434-150. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Iona Thraen by phone at 801-273-6643, by FAX at 801-273-4150, or by Internet E-mail at ithraen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42334.htm CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 42339 (Repeal): R436-6. Delayed Registration of Birth or Death. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety because it is unnecessary. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated savings or anticipated costs to the state budget with this rule filing as it only repeals a rule that repeats requirements already established in state statute. - LOCAL GOVERNMENTS: There are no anticipated savings or anticipated costs to local governments with this rule filing as it only repeals a rule that repeats requirements already established in state statute. - SMALL BUSINESSES: There are no anticipated savings or anticipated costs to small businesses with this rule filing as it only repeals a rule that repeats requirements already established in state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated savings or anticipated costs to other persons with this rule filing as it only repeals a rule that repeats requirements already established in state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons with this rule filing as it only repeals a rule that repeats requirements already established in state statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated compliance costs for businesses with this rule filing as it only repeals a rule that repeats requirements already established in state statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Oborn by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42339.htm SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH. ADMINISTRATION No. 42360 (Repeal and Reenact): R856-1. USTAR Technology Acceleration Program Grants. SUMMARY OF THE RULE OR CHANGE: This rule describes the eligibility, reporting, and other criteria required for an entity to receive a grant under Section 63M-2-503, including: 1) the form and process of submitting a grant application; 2) a description of entities eligible to apply for a grant; 3) a description of specific categories of projects that are eligible for a grant; 4) the criteria that will be considered in evaluating and awarding grants; and 5) the contracting and reporting requirements of grant recipients. The repeal and reenact is to: 1) clarify and codify the language in the administrative rule for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; 3) make USTAR administrative rule language similar across grant programs; and 4) general cleanup. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: The aggregate funding for this particular grant is up to $4,500,000 per year. It is estimated to impact up to 40 companies that could be awarded funding per year. It is expected to have a cost savings for business. It is a grant program that provides businesses with funding to develop new technologies, saving them some of the costs to develop those technologies. USTAR is unable to estimate the exact cost savings, since it will vary given the award received by each company/project. Any potential costs on businesses would be limited to the time and materials spent to complete an application and will affect only those that choose to apply. Businesses that are awarded funding will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual submitting the report. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual submitting the report. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: After conducting a thorough analysis, it was determined that this proposed rule is expected to have a cost savings for businesses. It is a grant program that provides businesses with funding to develop new technologies, saving them some of the costs to develop those technologies. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The aggregate funding for this particular grant is up to $4,500,000 per year. It is estimated to impact up to 40 companies that could be awarded funding per year. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The small business that could be impacted would be the estimated up to 40 companies that could be awarded funding. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The company and university would receive funding from USTAR to offset the company's research and development costs. The total aggregate savings for businesses could be up to $4,500,000 annually. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: Any potential costs on businesses would be limited to the time and materials spent to complete an application and will affect only those that choose to apply. Businesses that are awarded funding will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual submitting the report. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ivy Estabrooke by phone at 801-538-8709, by FAX at 801-538-8881, or by Internet E-mail at iestabrooke@utah.gov - Justin Berry by phone at 801-538-8884, or by Internet E-mail at jberry@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42360.htm No. 42357 (Repeal and Reenact): R856-2. USTAR University-Industry Partnership Program Grants. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR Industry Partnership Program Grants and describes the eligibility, reporting, and other criteria required for an entity to receive a grant under Section 63M-2- 503, including: 1) the form and process of submitting a grant application; 2) a description of entities eligible to apply for a grant; 3) a description of specific types of research projects that are eligible for a grant; 4) the criteria that will be considered in evaluating and awarding grants; and 5) the contracting and reporting requirements of grant recipients. The repeal and reenact is to: 1) clarify and codify the language in the administrative rule for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; 3) make USTAR administrative rule language similar across grant programs; and 4) general cleanup. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: It is expected to have a cost savings for business awarded grants as it is a grant program where businesses partner with universities to perform research and development on the development of new technologies. USTAR provides matching or shared funds to assist with the research and development. The grant funding for this particular grant is up to $1,000,000 per year. It is estimated to impact up to 20 companies that could win awards for matching USTAR IPP funding. USTAR is unable to estimate the exact cost, since it will vary given the grant amount awarded and the nature of the project conducted. Any potential costs on businesses would be limited to the time and materials spent to complete an application and will affect only those that choose to apply. Businesses that are awarded funding will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual submitting the report. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual submitting the report. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: After conducting a thorough analysis, it was determined that this proposed rule is expected to have a cost savings for businesses. It is a grant program where businesses partner with universities to perform research and development of new technologies. USTAR provides matching or shared funds to assist with the research and development. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The grant funding for this particular grant is up to $1,000,000 per year. It is estimated to impact up to 20 companies that could win awards for matching USTAR IPP funding. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The small business that could be impacted would be the estimated up to 20 companies that could win awards. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The company and university would receive funding from USTAR to offset the company's research and development costs. The total aggregate savings for businesses could be up to $1,000,000 annually. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: Any potential costs on businesses would be limited to the time and materials spent to complete an application and will affect only those that choose to apply. Businesses that are awarded funding will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual conducting the reporting. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ivy Estabrooke by phone at 801-538-8709, by FAX at 801-538-8881, or by Internet E-mail at iestabrooke@utah.gov - Justin Berry by phone at 801-538-8884, or by Internet E-mail at jberry@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42357.htm No. 42359 (Repeal and Reenact): R856-3. USTAR University Technology Acceleration Grants. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR University Technology Acceleration Grants program and describes the eligibility criteria for an entity to receive a grant under Section 63M-2-503, including: 1) the form and process of submitting a grant application; 2) a description of which entities are eligible to apply for a grant; 3) the specific categories of projects that are eligible for a UTAG; 4) the criteria for awarding grants and determining grant amount; and 5) the contracting and reporting requirements of grant recipients. The repeal and reenact is to: 1) clarify and codify the language in the administrative rule for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; 3) make USTAR administrative rule language similar across grant programs; and 4) general cleanup. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual submitting the report. 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 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ivy Estabrooke by phone at 801-538-8709, by FAX at 801-538-8881, or by Internet E-mail at iestabrooke@utah.gov - Justin Berry by phone at 801-538-8884, or by Internet E-mail at jberry@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42359.htm No. 42358 (Repeal and Reenact): R856-4. USTAR Science Technology Initiation Grant. SUMMARY OF THE RULE OR CHANGE: The Science Technology Initiation Grant (STIG) program provides grants to support university-affiliated researchers to develop preliminary data and to conduct proof of concept experiments, or other precursor research activities required to pursue larger, commercially- oriented grants from a federal agency, grant making foundation, industry, or related entity. The goal of STIG is to increase the amount of external research funding received by Utah's universities, promote interdisciplinary and cross-university collaboration, and strengthen the research and development capacity at state universities in commercially-oriented areas aligned to existing state industry sectors. STIGs are to be administered to the university that employs the applicant. The repeal and reenact is to: 1) clarify and codify the language in the administrative rule for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; 3) make USTAR administrative rule language similar across grant programs; and 4) general cleanup. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual submitting the report. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, t was determined that this proposed rule will not result in a fiscal impact to businesses. The Science and Technology Initiation Grant (STIG) program provides grants to support university-affiliated researchers (rather than businesses) in the development of preliminary data to conduct proof of concept experiments, or other precursor research activities required to pursue larger grants from a federal agency, grant making foundation, industry, or related entity. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ivy Estabrooke by phone at 801-538-8709, by FAX at 801-538-8881, or by Internet E-mail at iestabrooke@utah.gov - Justin Berry by phone at 801-538-8884, or by Internet E-mail at jberry@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42358.htm No. 42356 (Repeal and Reenact): R856-5. Utah Science, Technology, and Research (USTAR) Energy Research Triangle Professors (ERT-P) Grant. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR Energy Research Triangle Professors grant program, which is a collaborative effort between USTAR and the Utah Governor's Office of Energy Development (OED) and will be administered according to this rule. Grants provide funding for projects in which research teams from at least three Utah non-profit higher education institutions collaborate to address energy-related technical challenges important to economic growth in the state of Utah. Anticipated duration of projects will be 12 to 18 months. Funding must be budgeted by state fiscal year (July 1 through June 30) and funding will be dependent on meeting milestones and continued USTAR/OED appropriation. The repeal and reenact is to: 1) clarify and codify the language in the administrative rule for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; 3) make USTAR administrative rule language similar across grant programs; and 4) general cleanup. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual submitting the report. 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. Energy Research Triangle Professors Grants provide funding to university faculty research professors for student-led projects. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ivy Estabrooke by phone at 801-538-8709, by FAX at 801-538-8881, or by Internet E-mail at iestabrooke@utah.gov - Justin Berry by phone at 801-538-8884, or by Internet E-mail at jberry@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42356.htm No. 42355 (Repeal and Reenact): R856-6. Utah Science, Technology and Research (USTAR) Energy Research Triangle Scholars (ERT-S) Grant. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR Energy Research Triangle Scholars grant program, which is a collaborative effort between USTAR and the Utah Governor's Office of Energy Development (GOED) and will be administered according to these rules. Grants provide funding to university faculty research professors for student-led projects that seek to address technical challenges related to energy issues important to economic growth in the state of Utah. Anticipated duration of projects will be 12 to 18 months. Funding must be budgeted by state fiscal year (July 1 through June 30) and funding will be dependent on meeting milestones and continued USTAR appropriation. The repeal and reenact is to: 1) clarify and codify the language in the administrative rule for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; 3) make USTAR administrative rule language similar across grant programs; and 4) general cleanup. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five subsequent years at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual submitting the report. 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. Only universities can apply for these grants. Therefore, businesses are not affected by this rule. It is anticipated that businesses will likely benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule because the impact is indirect and will vary depending on circumstances. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ivy Estabrooke by phone at 801-538-8709, by FAX at 801-538-8881, or by Internet E-mail at iestabrooke@utah.gov - Justin Berry by phone at 801-538-8884, or by Internet E-mail at jberry@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42355.htm TRANSPORTATION MOTOR CARRIER No. 42336 (Amendment): R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation, and Certification. SUMMARY OF THE RULE OR CHANGE: The Motor Carrier Division will ensure that all tow truck motor carrier operators are trained, licensed, have cleared a criminal background check, and obtained and maintained a valid medical examiner's certificate. A tow truck motor carrier must notify the Department of Transportation (Department) of an operator who is not in compliance, within two business days of obtaining knowledge from the Bureau of Criminal Identification. This amendment includes electronically accessible consumer protection information, and a list of all tow truck motor carriers that are currently certified by the Department. The web sites for the safety equipment list, and the Rocky Mountain daily average per gallon diesel cost have been corrected. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that this amendment will lead to costs or savings to the state budget because this amendment only affects the Department and the tow truck motor carriers it regulates. - LOCAL GOVERNMENTS: The Department does not anticipate that this amendment will lead to costs or savings to local governments because this amendment only affects the Department and the tow truck motor carriers it regulates. - SMALL BUSINESSES: The Department does not anticipate that this amendment will lead to costs or savings to small businesses because this amendment only affects the Department and the tow truck motor carriers it regulates. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that this amendment will lead to costs or savings to persons other than small businesses, businesses, or local government entities because this amendment only affects the Department and the tow truck motor carriers it regulates. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate that this amendment to Rule R909-19 will result in any compliance costs for affected persons. These changes are technical edits and clarifications to make the rule more readable, and to better explain how the Department applies the Safety Regulations for Tow Truck Operations. This amendment does not add requirements to the compliance criteria of the Safety Regulations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/16/2018 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: 01/23/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42336.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. CORRECTIONS ADMINISTRATION No. 42354 (Emergency Rule): R251-115. Contract County Jail Programming Payment. SUMMARY OF THE RULE OR CHANGE: This rule: 1) ties the programming rate, paid by the state to the county jails, to state statute rather than setting a rigid percentage of the daily incarceration rate; 2) clarifies that certain programs at county jails providing "pre-treatment" as a pre-requisite for entering a full program do not necessitate a licensed mental health professional, depending on curriculum; 3) changes the name of the Department of Corrections' screening committee to the treatment review committee; 4) clarifies that the Sex Offender Task Force approves potential providers to provide services in contract county jails; 5) changes the name of peer reviews to program facility reviews; 6) clarifies roles of IPD (Institutional Programming Division) and IPP (Inmate Placement Program); 7) adds risk assessments to the list of items reviewed as part of compliance reviews; 8) matches administrative rule to UDC practice and policy in providing 30 working days for a facility to outline a plan to bring non-compliance issues back into compliance with contracting requirements; and 9) clarifies the appeal process for jails to appeal non-compliance findings. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare; and cause an imminent budget reduction because of budget restraints or federal requirements; and place the agency in violation of federal or state law. JUSTIFICATION: This rule dictates how dollars are to be spent in order to incarcerate and treat inmates in the various state-contracted county jails. It dictates how a county achieves and maintains "programming bed" status and how different rates are set forth depending on programming vs. non- programming bed status. There are public safety implications due to the nature of incarceration, inmate management, and treatment. There are budget implications since this implements the expenditures authorized by the legislature to fund jail contracting beds. There is state law calling for this rule to specify how programming rates and determinations are to be implemented. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The fiscal impact to the state is legislatively dictated and is covered by a general fund appropriation. - LOCAL GOVERNMENTS: There is no fiscal impact to local governments. - SMALL BUSINESSES: There is no fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no fiscal impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact to the state is legislatively dictated and is covered by a general fund appropriation. Businesses should not be impacted. If any impact, it would only be due to the state's policy decision to offer an incentive for jails to treat more inmates in their facilities, which could theoretically cut into the untreated clientele turning to private treatment providers in the community in the event they were left untreated and released from incarceration with an ongoing need for private sector treatment at a cost to the offender. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gehrke by phone at 801-545-5617, or by Internet E-mail at sgehrke@utah.gov EFFECTIVE: 12/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42354.htm TRANSPORTATION MOTOR CARRIER No. 42335 (Emergency Rule): R909-1. Safety Regulations for Motor Carriers. SUMMARY OF THE RULE OR CHANGE: This emergency amendment adopts 49 CFR Part 385.4 by reference, and makes several technical and grammatical corrections. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Federal regulations require the Department to adopt 49 CFR Part 385.4 by reference before amendments to federal regulations that affect the regulation of Electronic Logging Devices and Hours of Service Supporting Documents become effective 12/18/2017. Following the standard rulemaking procedure may not allow for an effective date that conforms with federal requirements. An emergency rule is needed to assure that the Department does not become non-compliant. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost or savings are anticipated with this rule change. No new requirements are created by this rule change that will impact the state budget. - LOCAL GOVERNMENTS: No cost or savings are anticipated with this rule change. No new requirements are created by this rule change that will impact local governments. - SMALL BUSINESSES: The Department anticipates that motor carriers that are small businesses will be affected by this rule change. The Electronic Logging Devices (ELD) and Hours of Service Supporting Documents, 80 FR 78292- 01 states: In the Supplemental Notice of Proposed Rulemaking (SNPRM), the Federal Motor Carrier Safety Administration (FMCSA) took a very conservative approach to the cost of an ELD. It analyzed the Mobile Computing Platform 50, a higher-end Functional Movement System (FMS), and included installation, hardware costs, and monthly fees. However, by relying on performance standards and prescribing minimal requirements, FMCSA allowed for use of a basic ELD that would satisfy the rule. The SNPRM estimated an average cost of $495 per Commercial Motor Vehicle (CMV) on an annualized basis where the range is from $165 to $832 per CMV on an annualized basis. In the SNPRM, FMCSA analyzed a range of devices, the most expensive one being $1,675 and the least expensive provided for free as part of a monthly service agreement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost or savings are anticipated with this rule change. No new requirements are created by this rule change that will impact the budgets of persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The ELDs and Hours of Service Supporting Documents, 80 FR 78292-01 states: In the Supplemental Notice of Proposed Rulemaking (SNPRM), the Federal Motor Carrier Safety Administration (FMCSA) took a very conservative approach to the cost of an ELD. It analyzed the Mobile Computing Platform 50, a higher-end FMS, and included installation, hardware costs, and monthly fees. However, by relying on performance standards and prescribing minimal requirements, FMCSA allowed for use of a basic ELD that would satisfy the rule. The SNPRM estimated an average cost of $495 per Commercial Motor Vehicle (CMV) on an annualized basis where the range is from $165 to $832 per CMV on an annualized basis. In the SNPRM, FMCSA analyzed a range of devices, the most expensive one being $1,675 and the least expensive provided for free as part of a monthly service agreement. The Department of Workforce Services lists 52 motor carriers with offices in Utah that employ 50 or more persons, and 945 motor carriers with offices in Utah that employ fewer than 50 persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change will have a fiscal impact on businesses. However, the fiscal cost should be less than the fiscal benefit that will result for the industry due to this amendment to the federal regulation, which this change to Rule R909-1 adopts by reference. In its Summary of Annualized Costs and Benefits included in SNPRM, the FMCSA estimates the total annualized cost to the motor carrier industry nationwide at $1,836,000,000. However, the SNPRM estimates the total annualized benefit to the industry will be $3,010,000,000. The difference is an annualized net benefit to the industry of $1,174,000,000. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 11/17/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42335.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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42342 (5-year Review): R156-49. Dietitian Certification Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential applicants of the requirements for certification as allowed under statutory authority provided in Title 58, Chapter 49, with respect to dietitians. The rule should also be continued as it provides information to ensure applicants for certification are adequately trained and meet minimum requirements, and provides information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. 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 EFFECTIVE: 11/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42342.htm No. 42344 (5-year Review): R156-53. Landscape Architects Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 53, with respect to landscape architects. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements, and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Duncombe by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov EFFECTIVE: 11/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42344.htm No. 42341 (5-year Review): R156-82. Electronic Prescribing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides information and clarification of the electronic prescribing requirements contained in Title 58, Chapter 82. DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Steinagel by phone at 801-530-6292, by FAX at 801-530-6511, or by Internet E-mail at msteinagel@utah.gov EFFECTIVE: 11/27/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42341.htm NATURAL RESOURCES WATER RIGHTS No. 42340 (5-year Review): R655-5. Maps Submitted to the Division of Water Rights. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is still required for processing and acceptance by the State Engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 11/24/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42340.htm WILDLIFE RESOURCES No. 42345 (5-year Review): R657-23. Utah Hunter Education and Furharvester Education Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-23 provides the procedures and requirements for presenting and obtaining proof of having successfully completed an approved hunter education course. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success of hunter education programs. 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: 11/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42345.htm No. 42346 (5-year Review): R657-33. Taking Bear. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-33 provides the procedures, standards, and requirements for taking and pursuing bear. The provisions adopted in this rule are effective in providing the standards and requirements for taking and pursuing bear. Continuation of this rule is necessary for the continued success of this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 11/28/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42346.htm NOTICES OF FIVE-YEAR EXPIRATIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). The Office of Administrative Rules (Office) is required to notify agencies of rules due for review at least 180 days prior to the anniversary date. If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Extension (Extension) with the Office. However, if the agency fails to file either the Five-Year Notice of Review and Statement of Continuation or the Extension by the date provide by the Office, the rule expires. Upon expiration of the rule, the Office files a Notice of Five-Year Expiration (Expiration) to document the action. The Office is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule and it must follow regular rulemaking procedures to replace the rule if it is still needed. The Office has filed Expirations for each of the rules listed below which were not reviewed in accordance with Section 63G-3-305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). CORRECTIONS ADMINISTRATION No. 42349 (Expired): R251-115. Contract County Jail Programming Payment. SUMMARY: The five-year review notice of continuation was not filed by the deadline. The rule expires as of 11/30/2017 and will be removed from the Administrative Code. (EDITOR'S NOTE: A 120-day (emergency) rule that is effective as of 12/01/2017 has been filed to put the rule back in place. It is under Filing No. 42354 in this issue, December 15, 2017, of the Bulletin.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 11/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42349.htm GOVERNOR ECONOMIC DEVELOPMENT No. 42350 (Expired): R357-9. Alternative Energy Development Tax Incentives. SUMMARY: The five-year review notice of continuation was not filed by the deadline. The rule expires as of 11/30/2017 and will be removed from the Administrative Code. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 11/30/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42350.htm TREASURER UNCLAIMED PROPERTY No. 42333 (Expired): R966-1. Requirements for Claims where no Proof of Stock Ownership Exists. SUMMARY: The five-year review notice of continuation was not filed by the deadline. The rule expires as of 11/16/2017 and will be removed from the Administrative Code. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 11/16/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20171215/42333.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. GOVERNOR ECONOMIC DEVELOPMENT No. 42185 (NEW): R357-21.Rural Jobs Tax Credit Published: 10/15/2017 Effective: 11/28/2017 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42096 (AMD): R414-1-31.Withholding of Payments Published: 10/01/2017 Effective: 11/27/2017 No. 42182 (R&R): R414-27.Medicaid Certification of Nursing Care Facilities Published: 10/15/2017 Effective: 12/01/2017 No. 42183 (AMD): R414-514-2.Requirements for Additional Nursing Care Facility Programs or Additional Beds Within an Existing Program Published: 10/15/2017 Effective: 12/01/2017 INSURANCE ADMINISTRATION No. 42175 (AMD): R590-244.Individual and Agency Licensing Requirements Published: 10/15/2017 Effective: 11/21/2017 JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 42159 (AMD): R597-2.Administration of the Commission Published: 10/15/2017 Effective: 11/28/2017 NATURAL RESOURCES WILDLIFE RESOURCES No. 42148 (AMD): R657-11.Taking Furbearers Published: 10/15/2017 Effective: 11/25/2017 No. 42147 (AMD): R657-23.Utah Hunter Education Program Published: 10/15/2017 Effective: 11/25/2017 TAX COMMISSION PROPERTY TAX No. 42165 (AMD): R884-24P-53.2017 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59- 2-515 Published: 10/15/2017 Effective: 11/30/2017 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/ . <> ----------------------------