---------------------------- Utah State Digest, Vol. 2018, No. 4 (February 15, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed January 17, 2018, 12:00 AM through February 1, 2018, 11:59 PM Volume 2018, No. 4 February 15, 2018 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 Invalidation of Filing No. 42432 on Rule R895-2 in the February 1, 2018, Utah State Bulletin - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/sn159919.htm Sulfur Dioxide Milestone Report - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/sn159876.htm Notice for March 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/2018/20180215/sn159875.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 January 17, 2018, 12:00 a.m., and February 1, 2018, 11:59 p.m. are summarized in this, the February 15, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 15, 2018, issue of the Utah State Bulletin until at least March 19, 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 June 15, 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. HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42516 (Repeal and Reenact): R392-300. Recreation Camp Sanitation. SUMMARY OF THE RULE OR CHANGE: The repeal and reenact of Rule R392-300 provides technical and conforming changes throughout the rule and removes unnecessary and repetitive language. Section R392-300-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-300-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. Section R392-300-3 added definitions for "Camp, Local health officer, Operator, Plumbing Code, and Primitive; and amended the definitions for Day-use area, Modern camp, Semi-developed, Semi-primitive, Service building, and Wastewater". In Section R392-300-4, the Department of Health (Department) has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah; and substantive changes include a the addition of a provision, similar to a "grandfather clause", that specifies that a construction change is not required in any portion of a camp that was in compliance before this rule goes into effect. In Sections R392-300-5 and R392-300-6, the Department has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-300-7, no change to plumbing requirements. In Section R392-300-8, changed the plumbing fixture ratio from "fixtures per occupants" to "fixtures per camp sites". Section R392-300-9 is a new section. The currently enacted rule does not specify required plumbing ratios for day-use areas. In Section R392-300-10, the Department has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-300-11, the Department has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-300-12, the Department has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-300-13, the Department has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-300-14 specifies the application of an authority granted a local health officer in Title 26A. Section R392-300-15 specifies the application of an authority granted to a local health officer in Title 26A. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-300 will likely not result in a cost or benefit to the state budget. The Utah Division of Natural Resources operates and maintains 35 state parks with campgrounds available for public use. The reenacted rule does not require a construction change to any portion of a camp that was in compliance with the law in effect at the time the camp was constructed. In addition, the reenacted rule does not include fees such as camp reservation fees and permit fees. Repealing and reenacting Rule R392-300 may result in an inestimable fiscal cost if the state of Utah constructs a recreation camp after the adoption of this rule. The full impact to the state cannot be estimated as the necessary data is unavailable because potential camp location, layout, number of sites, water and wastewater accessibility, and operation and maintenance needs have not yet been considered by the state of Utah. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-300 will not result in a cost or benefit to local governments. - SMALL BUSINESSES: Repealing and reenacting Rule R392-300 will likely not result in a cost or benefit to small business. There are 30 small businesses operating in the state under the NAICS code of 721211 or 721214. The reenacted rule does not require a construction change to any portion of a camp that was in compliance with the law in effect at the time the camp was constructed. Repealing and reenacting Rule R392-300 may result in an inestimable fiscal cost to a small business that constructs a recreation camp after the adoption of this rule. The full impact to such a business cannot be estimated as the necessary data is unavailable because potential camp location, layout, number of sites, water and wastewater accessibility, and operation and maintenance needs have not yet been considered by the business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing and reenacting Rule R392-300 will likely not result in a fiscal impact to other persons or non-small businesses. There are four non- small businesses identified in Utah operating under the NAICS code of 721211 or 721214. The reenacted rule does not require a construction change to any portion of a camp that was in compliance with the law in effect at the time the camp was constructed. Repealing and reenacting Rule R392-300 may result in an inestimable fiscal cost to a large business that constructs a recreation camp after the adoption of this rule. The full impact to such a business cannot be estimated as the necessary data is unavailable because potential camp location, layout, number of sites, water and wastewater accessibility, and operation and maintenance needs have not yet been considered by the business. COMPLIANCE COSTS FOR AFFECTED PERSONS: No one specific person will be affected by this rule change. The reenacted rule does not include fees such as camp reservation fees and permit fees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal and reenact of this rule simplifies the rule, removes outdated language and redundancies, and provides technical and conforming changes in accordance with the Rulewriting Manual for Utah. Substantive changes include the addition of a grandfather provision specifying that a construction change is not required to any portion of a rest area that was in compliance before the change. There is also a change to required plumbing ratios to semi-developed camps and day-use areas. There is no estimable costs to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 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: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42516.htm No. 42527 (Amendment): R392-302. Design, Construction and Operation of Public Pools. SUMMARY OF THE RULE OR CHANGE: Nonsubstantive changes update the list of authorizing statute to include Subsection 26-1-30(9) and Section 26-7-1; add the inches equivalent for signage requirements in the new Subsection R392- 302-38(2)(b); add a footnote to Table 6 reflecting the current language in Subsection R392-302-27(1)(b)(i); and fixed the numbering in Section R392-302- 21. The change also fixes a typo in the new Subsection R392-302-39(3)(c) to require rules lettering to be 0.5 inches tall instead of 1.5 inches, and adds a definition of "Instructional Pool". Substantial revision have been made to the Special Purpose Pool Section R392-302-31. This has been divided into separate sections (R392-302-32, R392-302-33, R392-302-34, and R392-302-35) for each type of special purpose pool. A new Section R392-302-36 is added for Instructional Pools. Changes have been made throughout the rule to reflect the new section numbers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget resulting from this rule change. - LOCAL GOVERNMENTS: This rule change will affect new construction of a pool if it meets the requirements to be an instructional pool. This rule change does not require construction or operational changes to existing facilities. A local government building an instructional pool may have an approximate savings of 80% to 90% of the construction costs as compared to meeting the requirements of the current rule. The Department of Health (Department) is unable to estimate this benefit due to the wide range of possible costs involved (size, features, types of disinfectant, and plumbing, etc.). It is unlikely this rule change will have an ongoing cost or savings as the rule changes do not affect the operation of the pool. - SMALL BUSINESSES: There are an estimated 11 swim school or swim instruction businesses from NAICS 611620, 611710, and 812199. There are an estimated 61 small businesses affected by this rule from NAICS 541330, 561790, 541690, 425120, 238992, 238991, and 236220, but an inestimable number from NAICS 713990, 713940, 531311, and 721110 as these businesses may or may not have swimming pools, and there is no reasonable method of determining such. In FY17 there were 3,063 permitted facilities, but the data is not available to determine which of these are small or non-small businesses. This rule change will affect new construction of a pool if it meets the requirements to be an instructional pool. This rule change does not require construction or operational changes to existing facilities. A small business building an instructional pool may have an approximate savings of 80% to 90% of the construction costs as compared to meeting the requirements of the current rule. The Department is unable to estimate this benefit due to the wide range of possible costs involved (size, features, types of disinfectant, and plumbing, etc.). It is unlikely this rule change will have an ongoing cost or savings as the rule changes do not affect the operation of the pool. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are an estimated 41 non-small businesses from NAICS 713990, 713110, 713940, but an inestimable number of large businesses with pool facilities from NAICS 531311 and 721110. In FY17 there were 3,063 permitted facilities, but the data is not available to determine which of these are small or non-small businesses. This rule change will affect new construction of a pool if it meets the requirements to be an instructional pool. This rule change does not require construction or operational changes to existing facilities. A non-small business building an instructional pool may have an approximate savings of 80% to 90% of the construction costs as compared to meeting the requirements of the current rule. The Department is unable to estimate this benefit due to the wide range of possible costs involved (size, features, types of disinfectant and plumbing, etc.). It is unlikely this rule change will have an ongoing cost or savings as the rule changes do not affect the operation of the pool. 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: The proposed amendment is a response to comments made by the Legislature's Administrative Rules Review Committee in a recent hearing. The Special Purpose Pool section has been substantially revised. It was divided into separate sections for each type of a special purpose pool with the addition of a new section for Instructional Pools. There may be significant savings of 80% - 90% to a small business building an instructional pool but the Department is unable to estimate the benefit due to the wide range of possible costs involved (size, features, types of disinfectant, and plumbing, etc.). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 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: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42527.htm No. 42514 (Repeal and Reenact): R392-401. Roadway Rest Stop Sanitation. SUMMARY OF THE RULE OR CHANGE: The changes to Rule R392-401 provide technical and conforming changes throughout the rule and remove unnecessary and repetitive language. Section R392-401-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-401-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. In Section R392-401-3, added definitions for "Local health officer", "Nuisance", "Operator", "Plumbing Code", and "Vault Privy", and amended the definition for "Roadway rest area". In Section R392-401-4: 1) the Department has made revisions to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah; and 2) substantive changes include the addition of a provision, similar to a "grandfather clause", which specifies that a construction change is not required in any portion of a rest area that was in compliance before this rule goes into effect. In Sections R392-401-5 and R392-401-6, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Removal of Section R392-401-5, Plumbing, from the currently enacted rule. The Department incorporated the Plumbing Code by reference in order to remove the numerous regulatory redundancies. In Section R392-401-7, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. In Sections R392-401-8 and R392-401-9, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-401-10 specifies the application of an authority granted a local health officer in Title 26A. Section R392-401-11 specifies the application of an authority granted to a local health officer in Title 26A. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-401 will likely not result in a cost or benefit to the state budget. The Utah Department of Transportation currently operates and maintains 24 rest areas, 5 welcome centers, and 5 rest stops. The reenacted rule does not require any changes to an existing facility, nor does the reenacted rule require a permit or a fee of any type. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-401 will likely not result in a cost or benefit to local governments. - SMALL BUSINESSES: Repealing and reenacting Rule R392-401 will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing and reenacting Rule R392-401 will likely not result in a fiscal impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: No one specific person will be affected by this rule change. The reenacted rule does not include fees such as user fees or permit fees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Substantive changes include the addition of a grandfather provision specifying that a construction change is not required to any portion of a rest area that was in compliance before the change. It also references the Plumbing Code found in Title 15A and removes any redundancy arising from the incorporation. There will be no fiscal impact from the change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 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: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42514.htm No. 42515 (Repeal and Reenact): R392-502. Hotel, Motel and Resort Sanitation. SUMMARY OF THE RULE OR CHANGE: The repeal and reenact of Rule R392-502 provides technical and conforming changes throughout the rule and removes unnecessary and repetitive language. Section R392-502-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-502-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. Section R392-502-3 added definitions for: "Clean, Dilapidated, Habitable space, Hot water, Linens, Local health officer, Nuisance, Operator, Pest, Plumbing Code, Plumbing fixture, Premises, Public lodging facility, Red tagged, Sanitary, Service animal, Vector, Vermin, and Virucidal disinfectant"; removed definitions for "Hotel, Motel, or Resort, and Hotel, Motel or Resort Units"; and amended the definitions for "Wastewater". In Section R392-502-4, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah; substantive changes include the addition of a provision, similar to a "grandfather clause", that specifies that a construction change is not required in any portion of a public lodging facility that was in compliance before this rule goes into effect. In Sections R392-502-5 and R392-502-6, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-502-7, plumbing requirements in this section have been reworded and restructured to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Additional provisions have been proposed for ventilation, heating, electrical and lighting considerations, in consultation with Building Code. Section R392-502-8 is a new section that establishes cleaning and disinfection procedures, as well as the equipment needed to prevent the spread of infectious diseases, particularly norovirus, in a public lodging facility. Section R392-502-9, known as "Operation and Maintenance" in the current rule, has been revised to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-502-10 is a new section that establishes minimum bedding and linen requirements, as well as provisions for collecting, transporting, sorting, and washing linens to prevent the spread of infectious disease in a public lodging facility. In Section R392-502-11, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-502-12 is a new section which makes reference to Rule R392-510, Utah Clean Air Act. In Section R392-502-13, the Department has made revisions to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Section R392-502-14 is a new section that establishes sanitation requirements for eating and drinking utensils, appliances, and equipment provided for guest use in rooms. In Section R392-502-15, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-502-16 specifies the application of an authority granted to a local health officer in Title 26A. Section R392-502-17 specifies the application of an authority granted to a local health officer in Title 26A. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-502 will not result in a cost or benefit to the state budget. The proposed rule does not include requirements for permit or inspection fees. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-502 will not result in a cost or benefit to the local governments. The proposed rule does not include requirements for permit or inspection fees. Inspection frequency is not specified in rule. - SMALL BUSINESSES: Repealing and reenacting Rule R392-502 will likely result in a fiscal impact to small business due to proposed changes in uniform standards for the operation and regulation of public lodging facilities to control the spread of infectious disease, particularly norovirus, as recommended by the Centers for Disease Control (CDC). There are 556 small businesses operating in the state under the NAICS code of 721110. Repealing and reenacting Rule R392-502 may result in a fiscal cost to each business in the approximate amount of $525 for the first year and $95 for subsequent years in the form of increased labor costs to wash, rinse, and sanitize the eating and drinking utensils provided in guest rooms. These are averaged, approximated amounts due to the number of variables from business to business (e.g. some businesses already use correct sanitary practices, others only provide wrapped single service utensils in guest rooms, number of guest rooms, number of employees, number of utensils provided, etc.) - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing and reenacting Rule R392-502 will likely result in a fiscal impact to non-small business due to proposed changes in uniform standards for the operation and regulation of public lodging facilities to control the spread of infectious disease, particularly norovirus, as recommended by the Centers for Disease Control (CDC). There are 63 small businesses operating in the state under the NAICS code of 721110. Repealing and reenacting Rule R392-502 may result in a fiscal cost to each business in the approximate amount of $525 for the first year and $95 for subsequent years in the form of increased labor costs to wash, rinse, and sanitize the eating and drinking utensils provided in guest rooms. These are averaged, approximated amounts due to the number of variables from business to business (e.g. some businesses already use correct sanitary practices, others only provide wrapped single service utensils in guest rooms, number of guest rooms, number of employees, number of utensils provided, etc.) 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: The repeal and reenact of Rule R392-502 simplifies the rule, removes outdated language and redundancies, and provides technical and conforming changes in accordance with the Rulewriting Manual for Utah. The Department has also proposed additional controls to mitigate the spread of infectious diseases, especially norovirus, in public lodging facilities. The change will likely have a fiscal impact on the 556 small businesses operating in the state in the approximate amount of $525 for the first year and $95 for subsequent years in the form of increased labor costs to wash, rinse, and sanitize the eating and drinking utensils provided in guest rooms. It will also have a similar impact on the 63 non-small businesses for the same reasons. The anticipated costs to business is appropriate in order to protect the health and safety of Utah residents and visitors to Utah who utilize public lodging facilities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 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: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42515.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42490 (Repeal): R414-509. Medicaid Autism Waiver Open Enrollment Process. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. The Autism Waiver is open only until children age out of current services and because the Department will not admit additional members, it no longer needs a rule associated with open enrollment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this repeal only updates Medicaid policy in regards to the end of open enrollment. - LOCAL GOVERNMENTS: There is no impact on local governments because they do not fund waiver services under the Medicaid program. - SMALL BUSINESSES: There is no impact on small businesses because this repeal only updates Medicaid policy in regards to the end of open enrollment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and to Medicaid members because this repeal only updates Medicaid policy in regards to the end of open enrollment. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this repeal only updates Medicaid policy in regards to the end of open enrollment. 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 rule repeal 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 03/19/2018 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: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42490.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 42554 (Amendment): R426-1. General Definitions. SUMMARY OF THE RULE OR CHANGE: The definition changes are needed to reflect changes in Title 26, Chapter 8a, as well as amended changes occurring in the language of Title R426. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule change is not expected to have any fiscal impact on state government revenues or expenditures, because it is for the change of terminology in the administrative rules for Title R426. This update also makes changes to make terminology consistent terminology with those found in Title 26, Chapter 8a. - LOCAL GOVERNMENTS: This proposed rule change is not expected to have any fiscal impact on local government revenues or expenditures, because it is for the change of terminology in the administrative rules for Title R426. This update also makes changes to make terminology consistent terminology with those found in Title 26, Chapter 8a. - SMALL BUSINESSES: This proposed rule change is not expected to have any fiscal impact on small businesses revenues or expenditures, because it is for the change of terminology in the administrative rules for Title R426. This update also makes changes to make terminology consistent terminology with those found in Title 26, Chapter 8a. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule change is not expected to have any fiscal impact on businesses not defined as small businesses, individuals, or other entities because it is for the change of terminology in the administrative rules for Title R426. This update also makes changes to make terminology consistent terminology with those found in Title 26, Chapter 8a. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule amendment is not expected to have any fiscal impacts on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact on businesses with this proposed amendment language. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42554.htm No. 42555 (Amendment): R426-2. Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management and Quality Assurance Reviews. SUMMARY OF THE RULE OR CHANGE: Terms and requirements to the emergency medical dispatch center designations are changed to reflect changes in Title 26, Chapter 8. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule change is not expected to have any fiscal impact on state government revenues or expenditures because it is for the changing of terminology, training requirements for medical dispatch centers, and requiring medical dispatch to send ambulances based on license type. State expenditures and staff time are not affected. - LOCAL GOVERNMENTS: This proposed rule change does not appear to create costs for local governments who fund designated medical dispatch centers, since all designated medical dispatch centers currently use vendor-based systems and associated training. A cost savings will be realized by designated medical dispatch centers due to removing the requirement for a certified training officer. A possible fiscal impact will be to local governments who have performed inter-facility transports via the 911 call system when their license does not allow inter-facility services. This only affects some local governments and a private ambulance provider who were approved with and existing over-lap service area as described in Subsection 26-8a-416(6). Fiscal impacts are estimated up to $1,200,000 annual billable inter-facility ambulance patient transports. - SMALL BUSINESSES: This proposed rule change is not expected to have any fiscal impact on small businesses revenues or expenditures, because no small businesses are included in the entities affected by this amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment clarifies proper dispatch of ambulance providers based on license type. It may create fiscal impacts for local governments who have performed inter-facility transports via the 911 call system when their license does not allow inter-facility services. This only affects some local governments and a private ambulance provider who were approved with and existing over-lap service area as described in Subsection 26-8a-416(6). Fiscal impacts are estimated up to $1,200,000 annual billable inter-facility ambulance patient transports. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule amendment is not expected to have any fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Fiscal impacts are estimated up to $1,200,000 annual billable inter-facility ambulance patient transports. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42555.htm No. 42556 (Amendment): R426-3. Licensure. SUMMARY OF THE RULE OR CHANGE: This amendment updates language to be consistent with Title 26, Chapter 8a, by changing the term "licensed" to include individuals. It requires licensed ambulance providers in service areas that have an overlap with another licensed ambulance provider to make an agreement for responding to licensed patient facilities. It also amends mutual aid and licensing requirements for licensed ambulance providers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule changes are not expected to have any fiscal impact on state government revenues or expenditures because it is for the changing of terminology, and documentation for licensed ambulance providers. State expenditures and staff time are not affected. - LOCAL GOVERNMENTS: These proposed rule changes will create a fiscal impact for local governments who are required to develop agreements with other licensed ambulance providers in service areas where there is an overlap. The impacts include a decline or increase in billable patient transports based on the terms of the agreement. This amendment only affects local governments and a private ambulance providers where service areas have an overlap with other licensed ambulance providers, as described in Subsection 26-8a-416(6). Fiscal impacts are estimated at $1,200,000 annual billable inter-facility ambulance patient transports. A fiscal benefit will result to all licensed ambulance service providers by removing the requirement for a written mutual aid agreement with adjoining geographical service areas as a condition of licensing or license renewal. - SMALL BUSINESSES: These proposed rule changes are not expected to have any fiscal impact on small businesses revenues or expenditures, because no small businesses are included in the entities affected by this amendment. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment will create a fiscal impact for local governments who have performed inter-facility transports via the 911 call system when their license does not allow inter-facility services. This only affects local governments and private ambulance providers that have an existing overlap service area as described in Subsection 26-8a-416(6). Fiscal impacts are estimated up to $1,200,000 annual billable inter-facility ambulance patient transports. A fiscal benefit will result to all licensed ambulance service providers by removing the requirement for a written mutual aid agreement with adjoining geographical service areas as a condition of licensing or license renewal. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendments will create fiscal impact for local governments who have performed inter-facility transports via the 911 call system when their license does not allow inter-facility services. This only affects local governments and private ambulance providers that have an existing overlap service area as described in Subsection 26-8a-416(6). Fiscal impacts are estimated up to $1,200,000 annual billable inter-facility ambulance patient transports. A fiscal benefit will result to all licensed ambulance service providers by removing the requirement for a written mutual aid agreement with adjoining geographical service areas as a condition of licensing or license renewal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Fiscal impacts are estimated up to $1,200,000 annual billable inter-facility ambulance patient transports. A fiscal benefit will result to all licensed ambulance service providers by removing the requirement for a written mutual aid agreement with adjoining geographical service areas as a condition of licensing or license renewal. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42556.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 42492 (Amendment): R657-33. Taking Bear. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) lower the minimum bow pull from 40 pounds at the draw to 30 pounds; 2) remove the 300 grains weight requirement for arrows; 3) remove "prima facie evidence" and replaces it with "probable cause"; and 4) makes technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment lowers requirements on archery tackle and makes technical corrections to language and rule citations. DWR has determined that these amendments do not create a cost or savings impact to the state budget, since the changes will not increase workload and can be carried out with the existing budget. - LOCAL GOVERNMENTS: Since this amendment lowers a requirement on archery tackle and makes language clarifications, this filing does not create any direct cost or savings impact to any local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since this amendment lowers requirements for hunters wishing to use archery tackle to hunt bears and clarifies language and rule citations, DWR feels this amendment will not generate a cost or savings impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since this amendment lowers requirements for hunters wishing to use archery tackle to hunt bears and clarifies language and rule citations, DWR feels this amendment will not generate a cost or savings impact on other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments do not create additional costs for sportsmen wishing to harvest bear using archery tackle in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these rule amendments 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 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42492.htm No. 42493 (Amendment): R657-62. Drawing Application Procedures. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to: 1) add restricted bear pursuit permits to the list of species allowed to accumulate bonus points; and 2) set the draw order and eligibility requirements for obtaining restricted bear pursuit permits. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments add a species to the list of species managed through the public draw, it does not create a cost or savings to DWR. Therefore, DWR has determined that these amendments will not create any cost or savings impact to the state budget or the DWR's budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since these amendments only add species to the list of managed species through the public draw that do not have available permits for the species, it does not create any direct cost or savings impact on local governments since they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since these amendments only add species to the list of managed species through the public draw that do not have available permits for the species, it does not create any direct cost or savings impact on small businesses since they are not directly affected by the rule. Nor are small businesses indirectly impacted because the rule does not create a situation requiring services from them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments will add restricted bear pursuit permits to the list of species allowed to accumulate bonus points. The restricted bear pursuit permit has been available for multiple years and will not be increasing in price or in permit numbers. A two-year waiting period will now be given to those sportsmen who are successful in obtaining a restricted bear pursuit permit through the DWR draw. Currently, DWR receives on average 475 applications for the available pursuit permits, it is not expected for this number to increase or decrease drastically with the addition of accumulating bonus points. DWR has determined that these amendments will not generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create a cost or savings impact to individuals who participate in bear hunting in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these amendments 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 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42493.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 42512 (New Rule): R810-1. University of Utah Parking Regulations. SUMMARY OF THE RULE OR CHANGE: This filing reenacts an expired rule that defines regulations regarding vehicles, owners/operators, parking areas, and parking restrictions on the University of Utah campus. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget as this rule filing just reenacts the expired rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments as this rule filing just reenacts the expired rule. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as this rule filing just reenacts the expired rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons as this rule filing just reenacts the expired rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated cost or savings for affected persons as this rule filing just reenacts the expired rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on any businesses because this rule defines parking and users on campus. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Scott Smith by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at scott.smith@legal.utah.edu - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42512.htm No. 42513 (New Rule): R810-8. Vendor Regulations. SUMMARY OF THE RULE OR CHANGE: This filing reenacts the expired rule that defines regulations regarding vehicles, owners/operators, parking areas, and parking restrictions on the University of Utah campus. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget as this rule filing just reenacts the expired rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments as this rule filing just reenacts the expired rule. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses as this rule filing just reenacts the expired rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons as this rule filing just reenacts the expired rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this rule filing just reenacts the expired rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on any businesses this rule defines vendors use of parking on campus. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Scott Smith by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at scott.smith@legal.utah.edu - Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by Internet E-mail at solomon.brumbaugh@utah.edu THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42513.htm TRANSPORTATION MOTOR CARRIER No. 42494 (Amendment): R909-1. Safety Regulations for Motor Carriers. SUMMARY OF THE RULE OR CHANGE: This amendment adopts 49 CFR Part 385.4 by reference, and makes several technical and grammatical corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost or savings are anticipated with this rule change. This rule change does not create any new requirements or change present practices, so the state's budget will not be impacted by this amendment. - LOCAL GOVERNMENTS: No cost or savings are anticipated with this rule change. This rule change does not create any new requirements or change present practices for local governments, so local governments will not be impacted by this amendment. - 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 the 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. 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 the 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. 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 75 motor carriers with offices in Utah that employ 50 or more persons, and 1,613 motor carriers within the NCAIS categories 4841, 4842, and 4885, 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 incorporates 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 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: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42494.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 March 19, 2018. From the end of the 30-day waiting period through June 15, 2018, 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. ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 42290 (Change in Proposed Rule): R81-1-11. Multiple-Licensed Facility Storage and Service. SUMMARY OF THE RULE OR CHANGE: This proposed rule change establishes the restrictions that must be met in order for a bar or tavern and a restaurant to be considered in separate rooms and not in violation of Section 32B-5-207. This proposed rule change also changes the due date for a request for a Department of Alcoholic Beverage Control (Department) decision as to whether their licenses are in violation until after the potential effective date of this proposed change. It creates a procedure and establishes a deadline to notify the Department of which license(s) will be surrendered effective 07/01/2018; and creates an avenue for Commission action in the event that a licensee fails to surrender a license that is in violation of Section 32B-5- 207. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the November 15, 2017, issue of the Utah State Bulletin, on page 17. 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: None--Any anticipated cost or savings to the state budget are a result of statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). Costs and savings for administering the change was calculated as part of the fiscal note. This rule does not create additional cost or savings beyond what was anticipated during the legislative process. - LOCAL GOVERNMENTS: None--Any anticipated cost or savings to local governments are a result of statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). Costs and savings to local governments were calculated as part of the fiscal note. This rule does not create additional cost or savings beyond what was anticipated during the legislative process. - SMALL BUSINESSES: None--Any anticipated cost or savings to small businesses are a result of statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). Costs and savings to small businesses should have been calculated as part of the fiscal note. This rule does not create additional cost or savings beyond what was anticipated during the legislative process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Any anticipated cost or savings to persons other than small business, businesses, or local government entities are a result of statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). Costs and savings to Persons other than small businesses, businesses, or local government entities was calculated as part of the fiscal note. This rule does not create additional cost or savings beyond what was anticipated during the legislative process. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule does not create any required compliance cost for licensees. It clarifies whether a license will need to be surrendered if in violation of Section 32B-5-207 and creates a procedure for compliance. There are no fees associated with this process and any costs for compliance are a result of statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Any anticipated cost or savings to businesses are a result of statutory requirements of H.B. 442 (2017), which requires that a licensee hold only one license per room (with a small exception for banquet/reception and beer recreational licenses). This proposed rule change establishes the restrictions that must be met in order for a bar and a restaurant to be considered in separate rooms within a premises and not in violation of Section 32B-5-207. The statute and rule did not create a fee for the business to comply. Costs and savings to businesses should have been calculated as part of the fiscal note. There was no fee in statute and there is no fee in the proposed rule. Savings to the business would result in reduced licensing fees as a result of surrendering one or more license(s) as required by statute. While some businesses may choose to construct walls rather than surrender a license, that choice is not required by the rule. Therefore, this rule does not create additional cost or savings beyond what was anticipated during the legislative process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42290.htm HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 42283 (Change in Proposed Rule): R384-210. Co-prescription Guidelines -- Reporting. SUMMARY OF THE RULE OR CHANGE: This rule establishes scientifically based guidelines for controlled substance prescribers to coprescribe an opiate antagonist to a patient pursuant to Title 26, Chapter 55. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the November 15, 2017, issue of the Utah State Bulletin, on page 30. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule contains scientifically-based guidelines for controlled substance prescribers to co-prescribe an opiate antagonist to a patient, and provides education on overdose prevention to patients and/or the patient's household members when factors that increase risk for opioid overdose are present. There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization but those costs are hard to measure. - LOCAL GOVERNMENTS: There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization but those costs would be hard to measure. - SMALL BUSINESSES: Some small pharmacies may see an increase in sales of naloxone kits due to the co-prescribing guidelines. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There may be savings in preventing individuals from requiring treatment in an emergency department or in hospitalization costs but those costs would be difficult to measure. Some pharmacies may see an increase in sales of naloxone kits due to the co-prescribing guidelines. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule provides scientifically- based guidelines on co-prescribing an opiate antagonist to a patient established by Title 26, Chapter 55, which will not result in any compliance costs for affected persons. Some pharmacies may see an increase in sales of naloxone kits due to the co-prescribing guidelines. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The original version of this rule was published in the November 15, 2017, Utah State Bulletin. This new rule provides guidelines when a provider who prescribes a controlled substance should also co-prescribe an opiate antagonist. This is pursuant to S.B. 258 passed during the 2017 General Session. Due to comments received by the Health Promotion Division, revisions were made to the proposed rule. These revisions were substantive. It adds households where preschool age children live or visit and when opiate medication is prescribed (as opposed to being present). It changes a risk to include known histories and unstable medical conditions, and adds cognitive decline medical conditions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Anna Fondario by phone at 801-538-6201, or by Internet E-mail at afondario@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42283.htm NATURAL RESOURCES ADMINISTRATION No. 42309 (Change in Proposed Rule): R634-3. Compensatory Mitigation Program. SUMMARY OF THE RULE OR CHANGE: In response to comments received during the comment period, additional clarifying language and minor changes are made to this rule. These changes include: adding language to clarify that the mitigation ratio of 4:1 is recommended, not mandated on other agencies by this rule; clarifying how the cost per credit will be determined; adding language to clarify that credits can be earned through preservation of occupied habitats in the conservation bank program; clarifying that credits would be available for use again when the disturbance they are off-setting has returned to a functional habitat; clarifying that in-lieu fee payments in the state sponsored program will not be used to preserve habitats; adopting conservation easement definition from Title 57, Chapter 18; adding definition for bank manager; adding requirement for conservation bank agreements to be recorded with counties; clarifying language on adaptive management strategies; and adding language requiring draft conservation easement language will be a part of the application process. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the December 1, 2017, issue of the Utah State Bulletin, on page 67. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule 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: It is anticipated that the revenue needed to administer this program will be recovered by the proceeds created by the implementation of the program. Therefore, this program is expected to be revenue and cost- neutral to the state of Utah in the long-term. - LOCAL GOVERNMENTS: This proposed rule does not require participation by local governments. Local governments that choose to participate in this program will do so voluntarily, and will be given an opportunity to evaluate the cost versus benefit of their participation in this program before doing so. - SMALL BUSINESSES: This proposed rule does not require participation by any entity. Therefore, this filing does not create any direct cost or savings impacts to other persons or entities. Those who choose to participate in this program will do so voluntarily, and will be given an opportunity to evaluate the cost versus benefit of their participation in this program before doing so. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule does not require participation by any entity. Therefore, this filing does not create any direct cost or savings impact to other persons or entities. Those who choose to participate in this program will do so voluntarily, and will be given an opportunity to evaluate the cost vs. benefit of their participation in this program before doing so. COMPLIANCE COSTS FOR AFFECTED PERSONS: This program does not require participation, therefore, no compliance cost is anticipated. For those who choose to participate in this program, the cost to do so is intended to be advantageous to the organization and/or individual. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is intended to be mutually beneficial to businesses, local, state, and federal governmental agencies and to the conservation of greater sage-grouse in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/19/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kaelyn Anfinsen by phone at 801-538-7201, by FAX at 801-538-7315, or by Internet E-mail at kaelynanfinsen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/26/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42309.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. HEALTH HEALTH CARE FINANCING No. 42517 (Emergency Rule): R410-14. Administrative Hearing Procedures. SUMMARY OF THE RULE OR CHANGE: This emergency rule clarifies the meaning of adverse benefit determinations as they relate to the MCO hearing process, and also updates provisions under the MCO grievance and appeals system. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: This rule is necessary to update and implement provisions for the MCO hearing process as required by federal law. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. - LOCAL GOVERNMENTS: There is no impact to local governments because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. - SMALL BUSINESSES: There is no impact to small businesses because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. - 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 updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no impact to a single Medicaid provider or to a Medicaid member because this change only updates MCO hearing procedures and does not affect ongoing Medicaid services. Funding for administrative hearing procedures is already within legislative budget allotments. 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 emergency rule will not result in a fiscal impact to businesses. 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: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42517.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42487 (Emergency Rule): R414-302-6. Residents of Institutions. SUMMARY OF THE RULE OR CHANGE: This change expands Medicaid coverage to individuals who reside in an IMD licensed as a Substance Use Disorder (SUD) residential treatment program. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare. JUSTIFICATION: This emergency rule is necessary to treat residents in IMDs who suffer from the opioid epidemic and other SUDs in accordance with H.B 437 (2016) and the Medicaid Expansion Waiver. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual cost of about $3,000,000 in state funds and about $7,000,000 in federal funds to treat individuals who reside in an IMD licensed for SUD treatment purposes. - LOCAL GOVERNMENTS: There is no impact on local governments because they do not fund IMDs under the Medicaid program. - SMALL BUSINESSES: Institutions for SUD treatment may see a portion of annual revenue that totals $10,000,000 based on 241 beds available to treat residents under expanded Medicaid coverage. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers in institutions for SUD treatment may see a portion of annual revenue that totals $10,000,000 based on 241 beds available to treat residents under expanded Medicaid coverage. Residents who qualify for treatment coverage will also see a portion of $10,000,000 in out-of- pocket-savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because a single institution for SUD treatment will only see potential revenue, and a resident who qualifies for SUD treatment will only see out-of-pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Institutions for SUD treatment may see a portion of annual revenue that totals $10,000,000 based on 241 beds available to treat residents under expanded Medicaid coverage. 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: 01/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42487.htm No. 42488 (Emergency Rule): R414-308-3. Application and Signature. SUMMARY OF THE RULE OR CHANGE: This rule change expands coverage for a new eligibility group of adults without dependent children. These individuals are required to meet basic Medicaid eligibility criteria, and to meet specific criteria for one of the three following Targeted Adult Medicaid groups: "Chronically Homeless"; "Involved in the Justice System"; or "Needing Substance Use or Mental Health Treatment". EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare. JUSTIFICATION: This new coverage group specifically targets the homeless population and substance use disorder treatment for the opioid epidemic. This rule, therefore, is needed to protect the homeless from the harmful effects of this epidemic. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual cost of about $26,800,000 in state funds and about $63,000,000 in federal funds as a result of this change. - LOCAL GOVERNMENTS: There is no impact on local governments because they do not fund specific programs for the Medicaid adult population. - SMALL BUSINESSES: Small businesses in the fields of social services, mental health, and addiction recovery may see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the Needing Substance Use or Mental Health Treatment group. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Utah Hospital Association will incur an annual cost of about $10,200,000 to share in the implementation of these new programs. On the other hand, Medicaid providers in the fields of social services, mental health, and addiction recovery may see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the Needing Substance Use or Mental Health Treatment group. As more individuals become eligible for the Chronically Homeless coverage group, homeless shelters will see a decrease in operating costs. Likewise, the public will see a decrease in taxes needed to support jails, prisons, and the court system as more individuals become eligible for the Involved in the Justice System coverage group. All of the aforementioned groups will see a portion of $100,000,000 in out-of-pocket savings as they are able to access these new services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because an individual business or provider will only see potential revenue, and an individual who qualifies for one of the coverage groups will only see out-of- pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses in the fields of social services, mental health, and addiction recovery will see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the Needing Substance Use or Mental Health Treatment group. 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: 01/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42488.htm No. 42489 (Emergency Rule): R414-311. Targeted Adult Medicaid. SUMMARY OF THE RULE OR CHANGE: This rule change expands coverage for a new eligibility group of adults without dependent children. These individuals are required to meet basic Medicaid eligibility criteria, and to meet specific criteria for one of the three following Targeted Adult Medicaid groups: "Chronically Homeless"; "Involved in the Justice System"; or "Needing Substance Use or Mental Health Treatment". EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare. JUSTIFICATION: This new coverage group specifically targets the homeless population who need substance use disorder treatment for the opioid epidemic. This rule, therefore, is needed to protect the homeless from the harmful effects of this epidemic. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual cost of about $26,800,000 in state funds and about $63,000,000 in federal funds as a result of this amendment. - LOCAL GOVERNMENTS: There is no impact on local governments because they do not fund specific programs for the Medicaid adult population. - SMALL BUSINESSES: Small businesses in the fields of social services, mental health, and addiction recovery may see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the Needing Substance Use or Mental Health Treatment group. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Utah Hospital Association will incur an annual cost of about $10,200,000 to share in the implementation of these new programs. On the other hand, Medicaid providers in the fields of social services, mental health, and addiction recovery may see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the Needing Substance Use or Mental Health Treatment group. As more individuals become eligible for the Chronically Homeless coverage group, homeless shelters will see a decrease in operating costs. Likewise, the public will see a decrease in taxes needed to support jails, prisons, and the court system as more individuals become eligible for the Involved in the Justice System coverage group. All of the aforementioned groups will see a portion of $100,000,000 in out-of-pocket savings as they are able to access these new services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because an individual business or provider will only see potential revenue, and an individual who qualifies for one of the coverage groups will only see out-of- pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses in the fields of social services, mental health, and addiction recovery will see a portion of annual revenue that totals $100,000,000 based on member eligibility and participation in the Needing Substance Use or Mental Health Treatment group. 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: 01/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42489.htm TECHNOLOGY SERVICES ADMINISTRATION No. 42529 (Emergency Rule): R895-12. Telecommunications Services and Requirements. SUMMARY OF THE RULE OR CHANGE: The purpose of this rule is to specify the standards and procedures required of state agencies for telecommunications services. There is no change from the rule that expired on 01/30/2018. This filing puts the rule back in place. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Subsection 63F-1-206-1(a)(viii) requires the Chief Information Officer to establish a rule for telecommunications standards and specifications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because this rule only provides standards and specifications for telecommunications, with no changes to the original content. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because this rule only provides standards and specifications for telecommunications, with no changes to the original content. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because this rule only provides standards and specifications for telecommunications, with no changes to the original content. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons because this rule only provides standards and specifications for telecommunications, with no changes to the original content. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated compliance costs because this rule only provides standards and specifications for telecommunications, with no changes to the original content. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact to businesses because this rule only provides standards and specifications for telecommunications, with no changes to the original content. DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephanie Weteling by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stephanie@utah.gov EFFECTIVE: 01/30/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42529.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. 42530 (5-year Review): R68-5. Grain Inspection. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary in order to facilitate interstate commerce. The Department provides the service for the producer without which they would not be able to sell their product. Additionally, it ensures that products being sold meet a specific standard and is labeled as such. 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: 01/30/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42530.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 42509 (5-year Review): R317-9. Administrative Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets forth the administrative procedures of the Division of Water Quality in compliance with the Administrative Procedures Act and consolidates these procedures into one location. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42509.htm No. 42510 (5-year Review): R317-13. Approvals and Permits for a Water Reuse Project. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule defines terms and establishes administrative requirements for water reuse projects, including application and approval procedures. This rule is necessary to implement the provisions of the Wastewater Reuse Act and the Board's authority to issue reuse permits under Subsection 19-5-104(3)(f). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42510.htm No. 42511 (5-year Review): R317-14. Approval of Change in Point of Discharge of POTW. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule defines terms and describes administrative procedures for considering changes in the point of discharge from a POTW. These procedures are needed to implement the requirements of Section 73-3c-304 and administer the Utah Pollution Discharge Elimination System (UPDES) under Rule R317-8. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42511.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 42491 (5-year Review): R392-700. Indoor Tanning Bed Sanitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of Rule R392-700 is recommended by the Department. This rule establishes a minimum set of sanitation, maintenance, and operation standards that a commercial tanning facility can meet to protect the health of patrons, and to ensure that the facility and equipment is maintained in a clean and sanitary condition. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 01/19/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42491.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 42520 (5-year Review): R432-1. General Health Care Facility Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department of Health agrees with the need to continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42520.htm No. 42521 (5-year Review): R432-2. General Licensing Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department of Health agrees with the need to continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42521.htm No. 42522 (5-year Review): R432-3. General Health Care Facility Rules Inspection and Enforcement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department of Health agrees with the need to continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42522.htm No. 42523 (5-year Review): R432-4. General Construction. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department of Health agrees with the need to continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42523.htm No. 42524 (5-year Review): R432-5. Nursing Facility Construction. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department of Health agrees with the need to continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42524.htm No. 42525 (5-year Review): R432-6. Assisted Living Facility General Construction. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department of Health agrees with the need to continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42525.htm No. 42518 (5-year Review): R432-16. Hospice Inpatient Facility Construction. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department of Health agrees with the need to continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42518.htm No. 42519 (5-year Review): R432-35. Background Screening -- Health Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department of Health agrees with the need to continue this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 01/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42519.htm HUMAN SERVICES AGING AND ADULT SERVICES No. 42485 (5-year Review): R510-105. "Out and About" Homebound Transportation Assistance Fund Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This account continues to collect funds and the funds are used for transportation opportunities as outlined in this rule. Given the ongoing collection of funds, this rule is necessary to ensure the collected funds are used appropriately. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov EFFECTIVE: 01/17/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42485.htm NATURAL RESOURCES OIL, GAS AND MINING; ADMINISTRATION No. 42495 (5-year Review): R642-200. Applicability. 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 reflect the applicability of Title R642, Records of the Division and Board, when federal laws or regulations are also established for disclosure of records and are a condition for participation in a federal program. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42495.htm OIL, GAS AND MINING; COAL No. 42496 (5-year Review): R645-101. Restrictions on State Employees. 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 restrict financial interests in coal mining operations by the Division of Oil, Gas and Mining staff involved in coal regulation. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42496.htm No. 42497 (5-year Review): R645-102. Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction. 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 as it establishes an exemption to the coal mining and reclamation requirements for extraction of coal that is incidental to a government-financed highway or other construction. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42497.htm No. 42498 (5-year Review): R645-104. Protection of Employees. 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 identify the processes for protection of employees in the performance of their coal mining regulation work. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42498.htm No. 42499 (5-year Review): R645-401. Inspection and Enforcement: Civil Penalties. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is implemented to deter violations of the Coal Program regulations via the assessment of civil penalties. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42499.htm OIL, GAS AND MINING; NON-COAL No. 42500 (5-year Review): R647-1. Minerals Regulatory 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 should be continued to provide the general conditions for all mineral mine operators for the exploration, development, and reclamation within Utah. Rule R647-1 provides an introduction to the remaining Mineral Program rules in Title R647, including definition of terms. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42500.htm No. 42501 (5-year Review): R647-2. Exploration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes requirements for the exploration of minerals and should be continued to ensure that the exploration of minerals in Utah occurs with the proper protection to the public and providing for subsequent use of the lands affected. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42501.htm No. 42502 (5-year Review): R647-3. Small Mining Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes requirements for small mineral mines and should be continued to ensure that operation of Utah's small mineral mines, ten acres of disturbed area or less, occurs with the proper protection to the public, and providing for subsequent use of the lands affected. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42502.htm No. 42503 (5-year Review): R647-4. Large Mining Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes requirements for large mineral mines and should be continued to ensure that operation of Utah's large mineral mines, over ten acres of disturbed area, occurs with the proper protection to the public, and providing for subsequent use of the lands affected. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42503.htm No. 42504 (5-year Review): R647-5. Administrative Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes administrative procedures applicable to the Minerals Program and should be continued to provide administrative procedures at the informal and formal level to enable resolution of issues within the Division of Oil, Gas and Mining, and also the Board of Oil, Gas and Mining. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42504.htm No. 42505 (5-year Review): R647-6. Inspection and Enforcement: Division Authority and Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes the authority for conducting inspections of mineral mined land activities and establishes the procedures for enforcement including cessations orders, notice of violations, and compliance conferences. This rule should be continued to ensure adequate inspection and enforcement provisions are in place to enable a fair and consistent process for issuance and resolution of such matters in the minerals industry. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42505.htm No. 42506 (5-year Review): R647-7. Inspection and Enforcement: Civil Penalties. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes provisions for civil penalties for violation of the Mined Land Reclamation Act, and should be continued to ensure that minerals developed in Utah occurs with compliance to the rules for the exploration, operation, and reclamation. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42506.htm No. 42507 (5-year Review): R647-8. Inspection and Enforcement: Individual Civil Penalties. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes provisions for individual civil penalties for violation of the Mined Land Reclamation Act, and should be continued to ensure that minerals developed in Utah occurs with compliance to the rules for the exploration, operation, and reclamation. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42507.htm OIL, GAS AND MINING; OIL AND GAS No. 42508 (5-year Review): R649-6. Gas Processing and Waste Crude Oil Treatment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes regulatory requirements for gas processing plants and waste crude oil treatment, and should be continued to ensure adequate regulation of these facilities in the oil and gas industry in order to provide public information and to protect the environment. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov - John Baza by phone at 801-538-5334, by FAX at 801-359-3940, or by Internet E-mail at johnbaza@utah.gov EFFECTIVE: 01/24/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42508.htm NOTICES OF FIVE-YEAR REVIEW EXTENSIONS 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). 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 Review Extension (Extension) with the Office of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). ENVIRONMENTAL QUALITY AIR QUALITY No. 42546 (Five-Year Extension): R307-102. General Requirements: Broadly Applicable Requirements. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42546.htm No. 42548 (Five-Year Extension): R307-115. General Conformity. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42548.htm No. 42550 (Five-Year Extension): R307-170. Continuous Emission Monitoring Program. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42550.htm No. 42553 (Five-Year Extension): R307-220. Emission Standards: Plan for Designated Facilities. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42553.htm No. 42552 (Five-Year Extension): R307-221. Emission Standards: Emission Controls for Existing Municipal Solid Waste Landfills. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42552.htm No. 42532 (Five-Year Extension): R307-222. Emission Standards: Existing Incinerators for Hospital, Medical, Infectious Waste. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42532.htm No. 42533 (Five-Year Extension): R307-223. Emission Standards: Existing Small Municipal Waste Combustion Units. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42533.htm No. 42534 (Five-Year Extension): R307-224. Mercury Emission Standards: Coal- Fired Electric Generating Units. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42534.htm No. 42535 (Five-Year Extension): R307-250. Western Backstop Sulfur Dioxide Trading Program. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42535.htm No. 42536 (Five-Year Extension): R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42536.htm No. 42537 (Five-Year Extension): R307-344. Paper, Film, and Foil Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42537.htm No. 42538 (Five-Year Extension): R307-345. Fabric and Vinyl Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42538.htm No. 42539 (Five-Year Extension): R307-346. Metal Furniture Surface Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42539.htm No. 42541 (Five-Year Extension): R307-347. Large Appliance Surface Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42541.htm No. 42543 (Five-Year Extension): R307-348. Magnet Wire Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42543.htm No. 42540 (Five-Year Extension): R307-349. Flat Wood Panel Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42540.htm No. 42542 (Five-Year Extension): R307-350. Miscellaneous Metal Parts and Products Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42542.htm No. 42544 (Five-Year Extension): R307-351. Graphic Arts. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42544.htm No. 42545 (Five-Year Extension): R307-352. Metal Container, Closure, and Coil Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42545.htm No. 42547 (Five-Year Extension): R307-354. Automotive Refinishing Coatings. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42547.htm No. 42549 (Five-Year Extension): R307-355. Control of Emissions from Aerospace Manufacture and Rework Facilities. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/01/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42549.htm No. 42551 (Five-Year Extension): R307-801. Utah Asbestos Rule. EXTENSION REASON: The Air Quality Board (Board) is unable to review this rule until the next Board meeting scheduled for 03/07/2018. A 120-day extension is requested to allow thorough rule review and Board approval. The new deadline is 06/06/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 01/31/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42551.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). TECHNOLOGY SERVICES ADMINISTRATION No. 42528 (Expired): R895-12. Telecommunications Services and Requirements. SUMMARY: The five-year review was not filed by the deadline. Therefore, the rule expired and will be removed from the Administrative Code. (EDITOR'S NOTE: A 120-day (emergency) rule that is effective as of 01/30/2018 puts this rule back in place and is under Filing No. 42529 in this issue, February 15, 2018, 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: 01/30/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180215/42528.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 FACILITIES CONSTRUCTION AND MANAGEMENT No. 42347 (AMD): R23-5.Contingency Funds Published: 12/15/2017 Effective: 01/23/2018 No. 42348 (AMD): R23-9.Cooperation with Local Government Planning Published: 12/15/2017 Effective: 01/23/2018 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 42338 (AMD): R156-72.Acupuncture Licensing Act Rule Published: 12/15/2017 Effective: 01/23/2018 ENVIRONMENTAL QUALITY WATER QUALITY No. 42274 (AMD): R317-10-10.Examination Published: 11/15/2017 Effective: 01/24/2018 GOVERNOR ECONOMIC DEVELOPMENT No. 42332 (AMD): R357-16.Utah Outdoor Recreation Infrastructure Grant Published: 12/01/2017 Effective: 01/17/2018 CRIMINAL AND JUVENILE JUSTICE (STATE COMMISSION ON), INDIGENT DEFENSE COMMISSION No. 42351 (NEW): R364-1.Conflicts of Interest for Indigent Defense Commission Members Published: 12/15/2017 Effective: 01/29/2018 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 42306 (REP): R414-4x.Policy Statement on Denial of Payment to Medicaid Provider When Client Fails to Keep Scheduled Appointment Published: 12/01/2017 Effective: 01/19/2018 No. 42353 (AMD): R414-517.Inpatient Hospital Provider Assessments Published: 12/15/2017 Effective: 01/29/2018 SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH. ADMINISTRATION No. 42360 (R&R): R856-1.USTAR Technology Acceleration Program Grants Published: 12/15/2017 Effective: 01/23/2018 No. 42357 (R&R): R856-2.USTAR University-Industry Partnership Program Grants Published: 12/15/2017 Effective: 01/23/2018 No. 42359 (R&R): R856-3.USTAR University Technology Acceleration Grants Published: 12/15/2017 Effective: 01/23/2018 No. 42358 (R&R): R856-4.USTAR Science Technology Initiation Grant Published: 12/15/2017 Effective: 01/23/2018 No. 42356 (R&R): R856-5.Utah Science, Technology, and Research (USTAR) Energy Research Triangle Professors (ERT-P) Grant Published: 12/15/2017 Effective: 01/23/2018 No. 42355 (R&R): R856-6.Utah Science, Technology and Research (USTAR) Energy Research Triangle Scholars (ERT-S) Grant Published: 12/15/2017 Effective: 01/23/2018 TRANSPORTATION MOTOR CARRIER No. 42336 (AMD): R909-19.Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation, and Certification Published: 12/15/2017 Effective: 01/24/2018 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/ . <> ----------------------------