---------------------------- Utah State Digest, Vol. 2018, No. 15 (August 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed July 3, 2018, 12:00 AM through July 16, 2018, 11:59 PM Volume 2018, No. 15 August 1, 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 Proposed Building Codes and Amendments Under the Utah Uniform Building Standards Act - Robyn Barkdull by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/sn160470.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Calling the Sixty-Second Legislature Into the Second Special Session, Utah Proclamation No. 2018-2S - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2018/ExecDoc160487.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 July 3, 2018, 12:00 a.m., and July 16, 2018, 11:59 p.m. are summarized in this, the August 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the August 1, 2018, issue of the Utah State Bulletin until at least August 31, 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 November 29, 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. ATTORNEY GENERAL ADMINISTRATION No. 43075 (Amendment): R105-2. Records Access and Management. SUMMARY OF THE RULE OR CHANGE: The change to this rule indicates that records requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day." - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day." - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day." - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day." COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day." COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts that this rule may have on businesses. The amendments to this rule only indicates that "[r]ecords requests received via email after regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) will be deemed received the following business day." INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@agutah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43075.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43092 (Amendment): R156-9. Funeral Service Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-9-302a, effective June 2017, the Utah Funeral Service Law and Rule Examination required for all applicants for licensure under the Funeral Services Licensing Act -- funeral directors, funeral director interns, and preneed sales agents -- was updated and restructured into two new exams. These two new exams are: 1) the "Utah Funeral Service Director Law and Rule Examination", now required for applicants for licensure as a funeral service director or funeral service intern; and 2) the "Utah Preneed Funeral Arrangement Sales Agent Law and Rule Examination", now required for applicants for licensure as a preneed sales agent. These proposed amendments update this rule to refer to these examination requirements. In Section R156-9- 304, these proposed amendments make a minor formatting change for clarity. In Section R156-9-401, these proposed amendments incorporate alkaline hydrolysis into facility/staff requirements for funeral service establishments, in accordance with statutory changes made by H.B. 121 (2018). In Section R156-9-607, these proposed amendments remove the reference to a Division-provided model guaranteed preneed funeral arrangement contract form. Contract requirements are defined by statute and specific forms used should be at the discretion of the establishment and their legal counsel. Minor formatting changes are also made for clarity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In Sections R156-9-302a, R156-9-304, and R156-9-607, these proposed changes only update definitions and ensure that this rule encompasses current practice in the profession, and make formatting changes for clarity. Accordingly, these amendments are not expected to impact state government revenues or expenditures. In Section R156-9-401, these proposed amendments, which incorporate references to the alkaline hydrolysis process into facility/staff requirements for funeral service establishments, only conform this rule to practices required by H.B. 121 (2018); accordingly, the Division of Occupational Professional Licensing (Division) estimates that there will be no impact on state agencies over and above that included in the Fiscal Note for H.B. 121 (2018), available online at: https://le.utah.gov/2018/bills/static/HB0121.html#58-9-617. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: In Sections R156-9-302a, R156-9-304, and R156-9- 607, these proposed changes only update definitions and ensure that this rule encompasses current practice in the profession, and make formatting changes for clarity. Accordingly, these amendments are not expected to impact local governments revenues or expenditures. In Section R156-9- 401, these proposed amendments, which incorporate references to the alkaline hydrolysis process into facility/staff requirements for funeral service establishments, only conform this rule to practices required by H.B. 121 (2018); accordingly, the Division estimates that there will be no impact on local governments over and above that included in the fiscal note for H.B. 121 (2018), available online at: https://le.utah.gov/2018/bills/static/HB0121.html#58-9-617. - SMALL BUSINESSES: In Sections R156-9-302a, R156-9-304, and R156-9-607, these proposed changes only update definitions and ensure that this rule encompasses current practice in the profession, and make formatting changes for clarity. Accordingly, these amendments are not expected to impact small businesses revenues or expenditures. In Section R156-9-401, these proposed amendments, which incorporate references to the alkaline hydrolysis process into facility/staff requirements, will apply to all small businesses required to be licensed as funeral service establishments in Utah. There are 140 funeral service establishment licensees in Utah, with approximately 91 small businesses currently participating in the Utah Funeral Homes and Funeral Services industry (NAICS 812210). However, because these proposed amendments only conform this rule to practices already required by H.B. 121 (2018), the Division estimates that there will be no impact on any of these small businesses over and above that included in the fiscal note for H.B. 121 (2018), available online at: https://le.utah.gov/2018/bills/static/HB0121.html#58-9-617. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In Sections R156-9-302a, R156-9-304, and R156-9-607, these proposed changes only update definitions and ensure that this rule encompasses current practice in the profession, and make formatting changes for clarity. Accordingly, these amendments are not expected to impact other persons. In Section R156-9-401, these proposed amendments only apply to facilities required to be licensed as funeral service establishments in Utah, which are all either small businesses or non- small businesses, and accordingly will not apply to other persons. Additionally, these proposed amendments merely conform this rule to practices already required by H.B. 121 (2018). Therefore, the Division estimates that there will be no impact on other persons over and above any impact included in the fiscal note for H.B. 121 (2018), available online at: https://le.utah.gov/2018/bills/static/HB0121.html#58-9-617. COMPLIANCE COSTS FOR AFFECTED PERSONS: In Sections R156-9-302a, R156-9- 304, and R156-9-607, these proposed changes only update definitions and ensure that this rule encompasses current practice in the profession, and make formatting changes for clarity. Accordingly, these amendments are not expected to impact any affected persons. In Section R156-9-401, these proposed amendments only conform this rule to practices already required by H.B. 121 (2018). Therefore, the Division estimates that there will be no compliance costs for any affected persons over and above any impact included in the fiscal note for H.B. 121 (2018), available online at: https://le.utah.gov/2018/bills/static/HB0121.html#58-9-617. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the proposed filing for the above-referenced rule and considered the fiscal impact that this rule may have on businesses. I direct that my comments about this rule's fiscal impact on businesses be inserted at the appropriate place on the notice form to be filed with the Office of Administrative Rules for publication of this rulemaking action. In Section R156-9-302a, effective June 2017, the Utah Funeral Service Law and Rule Examination required for all applicants for licensure under the Funeral Services Licensing Act - funeral directors, funeral director interns, and preneed sales agents - was updated and restructured into two new exams. These two new exams are: 1) the "Utah Funeral Service Director Law and Rule Examination", now required for applicants for licensure as a funeral service director or funeral service intern; and 2) the "Utah Preneed Funeral Arrangement Sales Agent Law and Rule Examination", now required for applicants for licensure as a preneed sales agent. These proposed amendments update this rule to refer to these examination requirements. In Section R156-9-304, these proposed amendments make a minor formatting change for clarity. In Section R156- 9-401, these proposed amendments incorporate alkaline hydrolysis into facility/staff requirements for funeral service establishments, in accordance with statutory changes made by H.B. 121 (2018). In Section R156-9-607, these proposed amendments remove the reference to a Division- provided model guaranteed preneed funeral arrangement contract form. Contract requirements are defined by statute and specific forms used should be at the discretion of the establishment and their legal counsel. Minor formatting changes are also made for clarity. The proposed amendments which conform Section R156-9-401 to H.B. 121 (2018), will not impact small businesses any more than the enrolled bill, which already has a fiscal note (available online at: https://le.utah.gov/2018/bills/static/HB0121.html#58-9-617). The other amendments to this rule have no fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Barkdull by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/15/2018 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43092.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43081 (Amendment): R315-15-16. Grants. SUMMARY OF THE RULE OR CHANGE: In Subsection R315-15-16(16.1), the list of authorized uses of the grant funds is expanded to match the list in Section 19-6-720 of the Used Oil Management Act. The following ten new subsections are proposed to be added: Subsection R315-15-16(16.4) specifies the requirements to qualify for reimbursement of transportation costs from certain DIYer used oil collection centers from rural locations; Subsection R315-15-16(16.5) states matching funds from grant applicants are not required, stipulates certain grant funding actions by the Director, and requires submittal of bids to be paid by grant; Subsection R315-15-16(16.6) describes the content of the grant application form; Subsection R315-15-16(16.7) requires submittal of an original grant application to the Director; Subsection R315-15-16(16.8) states grant recipients may be subject to a desk or field audit, and requires grant recipient to maintain records and documents associated with grant expenditures; Subsection R315-15-16(16.9) requires submittal of a final report and identifies the report contents; Subsection R315-15- 16(16.10) describes actions the Director may take if the grantee fails to comply with the grant requirements; Subsection R315-15-16(16.11) specifies grant payment submittals and procedures; Subsection R315-15- 16(16.12) specifies Director actions to approve grant payments and forward to the Division of Finance; and Subsection R315-15-16(16.13) specifies requirements for grant closeout by the Director and for grantee record retention and availability. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Grants are paid from the Used Oil Collection Administration Account established in Section 19-6-719 of the Used Oil Management Act. A used oil collection center grant can vary since the amount of the grant is based on an individual grantee’s application, and the nature and scope of the specific project(s). Because of the variability in a given grant request, total costs cannot be quantified, but past grants to entities funded from the state budget, such as higher education institutions and school districts, have ranged from $500 to $3,000. - LOCAL GOVERNMENTS: Local health departments and some local school districts have received several grants in the past that have ranged from $500 to $3,000. Because of the variability in a given grant request, total costs cannot be quantified. - SMALL BUSINESSES: Small businesses that serve as a used oil collection can apply for a grant and in the past have received grants that have ranged from $500 to $3,000. Because of the variability in a given grant request, total costs cannot be quantified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Big box retailers that typically provide auto maintenance services to the public and serve as a used oil collection center can apply for a grant. Although none have applied for a grant in the past, it is assumed they could receive a grant within the same range as other previous grant recipients (i.e., from $500 to $3,000). Because of the variability in a given grant request, total costs cannot be quantified. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because grants are voluntary there are no actual compliance costs, nor does a grant require matching funds. However, other funds may be used in combination with the grant in order to expand the proposed grant-related project. Any costs incurred by a grantee are typically associated with the application preparation, grant expenditure verification, and completion report and vary based on the specific grant activity. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: A critical component of a successful used oil recycling program is establishing collection centers convenient to the public, particularly for a DIYer who changes their own oil from personal vehicles or home equipment. This is especially true for rural areas of Utah. In support of establishing DIYer used oil collection centers, businesses and governmental entities can apply for a grant. In the past, grants have ranged from $500 to $3,000. Because grants are voluntary there are no compliance costs. Additionally, grants do not require matching funds, any costs incurred by a grantee are typically associated with the application preparation, grant expenditure verification, and completion report and vary based on the specific grant activity. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43081.htm No. 43079 (Amendment): R315-260. Hazardous Waste Management System. SUMMARY OF THE RULE OR CHANGE: Section R315-260-30 is amended by removing Subsection R315-260-30(f) which allowed the Director to exclude from the definition of solid waste hazardous secondary materials that were transferred for reclamation at a verified reclamation facility. Section R315-260-31 is amended by removing Subsection R315-260-31(d) which contained the criteria for becoming a verified reclamation facility. Section R315-260-42 is amended by adding Subsection R315-260- 42(a)(5) which requires reclaimers and intermediate facilities managing hazardous secondary materials to submit, along with other information, whether the reclaimer or intermediate facility has financial assurance. Section R315-260-43 is amended by removing Subsection R315-260-43(a)(4) which was one of the four mandatory factors used to determine if a facility’s recycling is legitimate. Subsection R315-260-43(a) is amended to require facilities to meet three mandatory criteria in determining if their recycling is legitimate and to consider a fourth set of criteria which is added at Subsection R315-260-43(b). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change will not affect the state budget because no state governmental entity is a verified recycler of hazardous secondary materials and does not generate or recycle hazardous secondary materials. - LOCAL GOVERNMENTS: This rule change will not affect any local governments because no local governments are verified recyclers of hazardous secondary materials and do not generate or recycle hazardous secondary materials. - SMALL BUSINESSES: It is anticipated that there will be no change in costs or savings to small businesses because there are no small businesses in the state of Utah that are registered as verified recyclers of hazardous secondary materials. Additionally, the change to the factors for determining the legitimacy of recycling operations for hazardous secondary materials simply replaces a mandatory factor with a factor to be considered, but not required, for the process to be considered legitimate. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is anticipated that there will be no change in costs or savings to persons other than small businesses, businesses or local governments because there are no such persons in the state of Utah that are registered as verified recyclers of hazardous secondary materials. Additionally, the change to the factors for determining the legitimacy of recycling operations for hazardous secondary materials simply replaces a mandatory factor with a factor to be considered, but not required, for the process to be considered legitimate. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will be no additional compliance costs for affected persons associated with these rule amendments since they replace mandatory requirements with more discretionary considerations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Since this rule was adopted in January of 2016, there have been no businesses in the state of Utah that have registered as verified recyclers. Only two businesses have notified that they are engaged in the recycling, either on-site or off-site, of hazardous secondary materials. It is not anticipated that these rule changes will have any fiscal impact on the operation of these facilities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43079.htm No. 43080 (Amendment): R315-261. General Requirements -- Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: Section R315-261-4 is amended by changing the number of factors at Subsection R315-261-4(23)(ii)(E) to be considered when determining if the recycling is legitimate from four to three and by adding the requirement to consider the factor found at Subsection R315-260-43(b). Section R315-261-4 is amended by removing the term "verified reclamation facility" from Subsection R315-261-4(24) and replacing it with the term "another person". Section R315-261-4 is amended by replacing the requirements at Subsection R315-261-4(24)(v)(B) that required a hazardous secondary material generator to send hazardous secondary materials to a verified reclamation facility with requirements for generators who send their hazardous secondary materials to be recycled to make a reasonable effort to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary materials. Section R315-261-4 is amended by adding a new Subsection R315-261-4(24)(v)(C) that requires a hazardous secondary material generator to maintain documentation that reasonable efforts were made to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary materials. Section R315-261-4 is amended by removing Subsection R315-261-4(24)(vi)(G) which required reclaimers and intermediate facilities to have been granted an exclusion under Subsection R315-260-31(d), which has been deleted by this rule filing, or have a Part B permit. Section R315-261-4 is amended by adding Subsection R315-261-4(25), which was previously reserved. The language added contains the requirements for the exporting of hazardous secondary materials for reclamation in a foreign country. Section R315-261-4 is amended by deleting the phrase, "operating under a verified recycler exclusion under Subsection R315-260-31(d)" from Subsections R315-261- 400(a) and (b), 410(e), (f)(1) and (f)(2), 411, 411(b), 411(c) and 411(d)(3), 420, 420(a)(1) and 420(b)(2). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not affect the state budget because no state governmental entity is a verified recycler of hazardous secondary materials and does not generate or recycle hazardous secondary materials. - LOCAL GOVERNMENTS: These rule changes will not affect any local governments because no local governments are verified recyclers of hazardous secondary materials and do not generate or recycle hazardous secondary materials. - SMALL BUSINESSES: It is anticipated that there will be no change in costs or savings to small businesses because there are no small businesses in the state of Utah that are registered as verified recyclers of hazardous secondary materials. Additionally, the change to the factors for determining the legitimacy of recycling operations for hazardous secondary materials simply replaces a mandatory factor with a factor to be considered, but not required, for the process to be considered legitimate. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is anticipated that there will be no change in costs or savings to persons other than small businesses, businesses, or local governments because there are no such persons in the state of Utah that are registered as verified recyclers of hazardous secondary materials. Additionally, the change to the factors for determining the legitimacy of recycling operations for hazardous secondary materials simply replaces a mandatory factor with a factor to be considered, but not required, for the process to be considered legitimate. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will be no additional compliance costs for affected persons associated with these rule amendments since they replace mandatory requirements with more discretionary considerations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Since this rule was adopted in January of 2016 there have been no businesses in the state of Utah that have registered as verified recyclers. Only two businesses have notified the Division of Waste Management and Radiation Control, Waste Management that they are engaged in the recycling, either on-site or off-site, of hazardous secondary materials. It is not anticipated that these rule changes will have any fiscal impact on the operation of these facilities. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43080.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43076 (Repeal and Reenact): R392-301. Recreational Vehicle Park Sanitation. SUMMARY OF THE RULE OR CHANGE: These amendments to Rule R392-301 provide technical and conforming changes throughout the rule, and remove unnecessary and repetitive language. Section R392-301-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-301-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. In Section R392-301-3, added definitions for "Imminent health hazard", "Local health officer", "Operator", "Plumbing Code", and "Tiny house". Also the definitions for "recreational vehicle", "Dependent recreational vehicle", "Independent recreational vehicle", "Service building", and "Wastewater", were amended and the definition for "Self-Contained Recreational Vehicle" was removed. In Section R392-301-4, the Department of Health (Department) has made 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. A provision was added specifying a construction change is not required in any portion of a camp that was in compliance before this rule goes into effect. Other changes include specifying under what conditions a RV or tiny house may be allowed into a park and other duties of a park operator. In Sections R392-301-5 and R392-301-6, the Department has made 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. Language was removed that was redundant due to requirements already set forth by the Department of Environment Quality and the Division of Drinking Water. Changes include requiring potable water be supplied to each site; the water system shall be protected. The requirements for the disposal of wastewater have been clarified. Section R392-301-7 is a new section and sets requirements and specifications for the construction and use of a Service Building (previously covered in Section R392-301-5). The operator's duty to supply provisions for hand washing and solid waste disposal is specified. In Section R392-301-8, standards are set for basic sanitation of park facilities including adequate lighting, pest control, and keeping the grounds and facilities clean and operable (previously Section R392-301-6). In Section R392-301-9, the Department has made 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 (previously Section R392-301-7). In Section R392-301-10, the Department has made 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 clarified the frequency for the disposal of solid waste (previously Section R392-301-8). Section R392-301-11 is a new section that addresses swimming pools. Section R392-301-12 is a new section that addresses access to park facilities for inspections and investigations. Section R392-301-13 is a new section that addresses possible enforcement actions and when those may be appropriate. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing and reenacting Rule R392-301 will not result in a cost or benefit to the state budget because these proposed rule changes do not require a change to state operations or programs, and the proposed reenacted rule does not include requirements for the payment of fines or fees. - LOCAL GOVERNMENTS: Repealing and reenacting Rule R392-301 will not result in a direct cost or benefit to local governments because no construction, equipment, or operational changes are required by this rule. The proposed reenacted rule does not include requirements for permits or inspection fees. Inspection frequency is not specified in this rule. - SMALL BUSINESSES: Repealing and reenacting Rule R392-301 will likely not result in a cost or benefit to small businesses. There are 51 small businesses operating in the state under the NAICS code of 721211. The proposed reenacted rule does not require a construction change to any portion of a RV park that was in compliance with the law in effect at the time the RV park was constructed. In addition, the proposed reenacted rule does not include fees such as reservation fees, inspection fees, or permit fees. Repealing and reenacting Rule R392-301 may result in an inestimable fiscal cost if a business constructs a recreational vehicle park after the adoption of this rule. The full impact to a business cannot be estimated as the necessary data is unavailable because potential RV park 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 R392-301 will likely not result in a cost or benefit to persons other than small businesses, businesses, or local government entities because the proposed reenacted rule does not require a construction change to any portion of a RV park that was in compliance with the law in effect at the time the RV park was constructed. In addition, the proposed reenacted rule does not include fees such as reservation fees, inspection fees, or permit fees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are 13 local health departments and 51 small businesses operating in Utah. Affected persons may include owners and operators of small and non-small RV park businesses that are newly constructed after this rule is repealed and reenacted. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In response to the prior comments, the additional changes to the original proposal address the definition of a "Tiny House", differentiating these from park model RVs; clarify the conditions when a park/site/space may be closed and adds the definition of "Imminent Health Hazard". The additional changes now require contact information be given to the local health officer in case of emergency instead of someone being on-call; removes requirements for controlling fugitive dust; only requires drain systems at common-use faucets; and only requires curbed concrete apron and hinged covers for sanitary dump stations, not at individual sewer connections. There are 2 non-small businesses and 51 small businesses that are subject to this rule. Per the Division of Disease Control and Prevention, Environmental Services, these proposed changes do not require construction changes to any portion of an RV park that was in compliance at the time of construction. In addition, the proposed reenacted rule does not include fees such as reservation fees, inspection fees, or permit fees. Repealing and reenacting Rule R392-301 may result in an inestimable fiscal cost if a business constructs a recreational vehicle park after the adoption of this rule. The full impact to a business cannot be estimated as the necessary data is unavailable because potential RV park location, layout, number of sites, water and wastewater accessibility, and operation and maintenance needs have not yet been considered by the business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2018 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: 09/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43076.htm UTECH BOARD OF TRUSTEES ADMINISTRATION No. 43093 (New Rule): R945-1. UTech Scholarship. SUMMARY OF THE RULE OR CHANGE: This new rule is being implemented to establish requirements related to the technical college scholarships described in Section 53B-2a-116, including a technical college's administration of the scholarships, student eligibility and priority, application processes, and determination of satisfactory progress. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is anticipated to have a new ongoing fiscal cost of $800,000 to the state budget per year, because the state initially appropriated $800,000 ongoing in H.B. 3 (2018) to implement the provisions of H.B. 437 (2018), which necessitated this rule. This new rule is anticipated to have inestimable savings to the state budget because tax revenue returned by future income of scholarship recipients cannot be calculated. - LOCAL GOVERNMENTS: This new rule is not anticipated to have a cost or savings to local governments because this rule deals with scholarships awarded to students by technical colleges within the Utah System of Technical Colleges, and does not require any expenditures of or generate any revenues for local governments. - SMALL BUSINESSES: This new rule is not anticipated to have a cost or savings to small businesses because this rule deals with scholarships awarded to students by technical colleges within the Utah System of Technical Colleges, and does not require any expenditures of or generate any revenues for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is anticipated to have an inestimable benefit to persons who receive the scholarship. The benefit is inestimable because the scholarship amount that will be awarded to each recipient will vary according to available funding and the parameters set forth in this rule, and because personal income derived from employment resulting from education funded by the scholarship cannot be calculated. Otherwise, this new rule is not anticipated to have a cost or savings to other persons because this rule deals with scholarships awarded to students by technical colleges within the Utah System of Technical Colleges, and does not require any expenditures of or generate any revenues for other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule will not result in a direct fiscal impact to businesses. This rule deals with scholarships awarded to students by technical colleges within the Utah System of Technical Colleges, and does not require any expenditures of or generate any revenues for small businesses. Businesses may experience an indirect impact through the employment and productivity of individuals trained under the scholarship. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jared Haines by phone at 801-341-6002, or by Internet E-mail at jhaines@utech.edu THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43093.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 43086 (Amendment): R986-700-779. Educational Improvement Opportunities Outside of the Regular School Day Grant Program. SUMMARY OF THE RULE OR CHANGE: During the 2018 General Session, the Utah Legislature passed S.B. 202 which enacts Section 53F-5-210. The bill creates the Educational Improvement Opportunities Outside of the Regular School Day Grant Program and sets forth how the Department of Workforce Services (Department) is to administer the Program for private providers, nonprofit providers, and municipalities. Specifically, the bill sets out the criteria for awarding grants and instructs the Department to solicit grant applications. Subsection 53F-5-210(9) specifically instructs the Department to make rules for the administration of the Program. This proposed new section sets forth the procedural requirements for administering the Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed new section is not expected to cause any costs or savings to the state budget because this proposed new section simply sets forth the procedures for how grant applications will be accepted and funded. Nothing in this proposed new section affects the amount of available grant funding or otherwise requires changes in state budget expenditures. - LOCAL GOVERNMENTS: This proposed new section is not expected to cause any costs or savings to local governments because this proposed new section simply sets forth the procedures for how grant applications will be accepted and funded. Nothing in this proposed new section affects the amount of available grant funding, a municipality’s substantive eligibility for funding, or any other matter that would cause a change to local governments. - SMALL BUSINESSES: This proposed new section is not expected to cause any costs or savings to small businesses because this proposed new section simply sets forth the procedures for how grant applications will be accepted and funded. Nothing in this proposed new section affects the amount of available grant funding, a provider's substantive eligibility for funding, or any other matter that would cause a fiscal impact to any small business. The Department has considered whether this proposed new section will have a measurable negative fiscal impact on small businesses and has determined that this proposed new section will not have a negative fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed new section is not expected to cause any costs or savings to persons other than small businesses, businesses, or local government entities because this proposed new section simply sets forth the procedures for how grant applications will be accepted and funded. Nothing in this proposed new section affects the amount of available grant funding, a provider's substantive eligibility for funding, or any other matter that would cause a fiscal impact to any person other than a small business, business, or local government entity. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed new section is not expected to cause any compliance costs for affected persons because this proposed new section simply specifies when and how requests for grant funds may be made and does not impose any new eligibility, reporting, or enforcement requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After a thorough analysis, it was determined that this proposed new section 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 08/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nathan White by phone at 801-526-9647, or by Internet E-mail at nwhite@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 09/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43086.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES ADMINISTRATION No. 43059 (5-year Review): R13-1. Public Petitions for Declaratory Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides the procedures for submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules, and orders governing or issued by the Department of Administrative Services, or one of its divisions or offices. This rule is being continued as one of the standard procedures of open and transparent government in compliance with the Utah Administrative Procedures Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kenneth Hansen by phone at 801-538-3010, or by Internet E-mail at khansen@utah.gov EFFECTIVE: 07/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43059.htm FACILITIES CONSTRUCTION AND MANAGEMENT No. 43069 (5-year Review): R23-30. State Facility Energy Efficiency Fund. 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 needed because it provides, and establishes, requirements for the eligibility for loans from the State Facility Energy Efficiency Fund, procedures for accepting, evaluating, and prioritizing applications for loans, and the terms and conditions for loans. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov - Michael Kelley by phone at 801-538-3105, or by Internet E-mail at mkelley@agutah.gov - Nicole Alder by phone at 801-538-3240, or by Internet E-mail at nicolealder@agutah.gov EFFECTIVE: 07/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43069.htm ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 43057 (5-year Review): R81-4C. Limited Restaurant Licenses. 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 regulates operations at establishments holding limited service-restaurant liquor licenses. It establishes licensing requirements; sets procedures for licensees to order from and/or return wine and heavy beer items to the Division of Alcoholic Beverage Control (DABC); outlines restrictions on restaurant operating hours; sets regulations on the sale of alcoholic beverages on the restaurant premises including service and consumption at the patron's table, a counter, or grandfathered bar structure; establishes guidelines for the use of alcoholic product flavorings; establishes requirements for menus and price lists; and sets rules for employee identification badges, brownbagging, and rules that define the "remodels a grandfathered bar structure". All of the regulations set forth in this rule remain important and applicable to the operations of a limited-service restaurant. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov EFFECTIVE: 07/03/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43057.htm No. 43058 (5-year Review): R81-4D. On-Premise Banquet License. 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 regulates operations at establishments holding on- premise banquet licenses. It defines what type of businesses qualify for an on-premise banquet license; establishes application requirements; sets guidelines for the licensee to purchase from and/or return alcoholic beverage products to the Division of Alcoholic Beverage Control (DABC); sets hours of operations; sets requirements for liquor dispensing, liquor storage, and use of alcoholic product flavoring; establishes requirements for menus and price lists; sets requirements for employee identification badges; permits on-premise banquet facilities to purchase and utilize mini-bottles; and establishes guidelines for reporting required information to the DABC. All regulations set forth in this rule remain important and applicable to the operations of an on-premise banquet facility. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Vickie Ashby by phone at 801-977-6801, by FAX at 801-977-6889, or by Internet E-mail at vickieashby@utah.gov EFFECTIVE: 07/03/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43058.htm EDUCATION ADMINISTRATION No. 43082 (5-year Review): R277-470. Charter Schools - General 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 is still necessary because it provides directions to charter schools for federal funds and startup and implementation funding. This rule also provides criteria for a charter school mentoring program and additional charter school-specific directives. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 07/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43082.htm No. 43083 (5-year Review): R277-481. Charter School Oversight, Monitoring and Appeals. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is still necessary because it establishes procedures for oversight and monitoring of charter agreements and charter schools for compliance with minimum standards. This rule also provides appeals criteria and a process for schools found out of compliance with chartering entity findings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 07/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43083.htm No. 43084 (5-year Review): R277-492. Utah Science Technology and Research Initiative (USTAR) Centers Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is still necessary because it establishes standards and procedures to direct recipient public school districts or charter schools to develop proposals that create USTAR Centers that will enhance their ability to retain mathematics and science teachers while simultaneously offering more opportunities for students and more effectively using capital facilities. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 07/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43084.htm No. 43085 (5-year Review): R277-619. Student Leadership Skills Development. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is still necessary because it provides criteria, procedures, and timelines for the Board to designate schools and grant awards to facilitate elementary school participation in the pilot Student Leadership Skills Development program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 07/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43085.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43077 (5-year Review): R392-103. Food Handler Training and Certificate. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The continuation of Rule R392-103 is recommended by the Department. This rule requires adherence to uniform statewide standards for training and testing food handlers, and issuing food handler certificates and permits. The food handler training, certificate, and permitting process is critical to promoting and protecting public health. The Department received no comments in opposition to this rule. In response to other comments received, the 30-day expiration for training certificates and the selection of test questions are required by statute in Section 26-15-5. DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov EFFECTIVE: 07/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43077.htm INSURANCE ADMINISTRATION No. 43067 (5-year Review): R590-186. Bail Bond Surety Business. 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 requires the Insurance Commissioner to adopt, by rule, specific licensure and certification guidelines and standards of conduct for the business of bail bond surety insurance. This rule also specifies certain conduct that is considered to be unprofessional and in violation of the Insurance Code. This is an important rule in training and regulating bail licensees in their conduct and licensure. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 07/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43067.htm TITLE AND ESCROW COMMISSION No. 43068 (5-year Review): R592-10. Title Insurance Regulation Assessment for Agency Title Insurance Producers and Title Insurers. 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 determine the costs and expenses incurred by the Department as it regulates the title insurance industry; these are covered by an assessment to the industry. This rule sets a method of calculation that is important for transparency purposes, as well as for fairness, consistency, and accuracy. The Title and Escrow Commission voted 4 - 0 to continue this rule at its 07/09/2018 meeting. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 07/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43068.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43056 (5-year Review): R746-344. Filing Requirements for Telephone Corporations with Less Than 5,000 Access Line Subscribers. 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 remains necessary to provide information for general rate case filings. This rule requires information to be filed on schedules with an application for a change in rates. Providing this information simplifies proceedings, eliminates expense, and enhances the effectiveness of the fact-finding process. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 07/03/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43056.htm No. 43087 (5-year Review): R746-345. Pole Attachments. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The PSC must continue to ensure just and reasonable terms and conditions for pole attachments, and to ensure an attacher's use of a utility's facilities will not interfere with the primary utility function to render them unsafe. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 07/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43087.htm No. 43088 (5-year Review): R746-404. Regulation of Promotional Programs of Electric and Gas Public Utilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Electric and gas regulated monopoly utility companies continue to request approval of promotional programs and the PSC must continue to monitor and regulate those programs to ensure the programs are in the public interest. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 07/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43088.htm No. 43089 (5-year Review): R746-406. Advertising by Electric and Gas Utilities. 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 remains necessary to continue to monitor and regulate the direct or indirect advertising expenditures of regulated monopoly utility companies and to ensure they are in the public interest. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 07/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43089.htm No. 43090 (5-year Review): R746-500. Americans With Disabilities Act Complaint Procedure. 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 so that an individual with a disability may know the complaint process if they believe they have been excluded from participation in a Public Service Commission (PSC) proceeding, have been denied the benefits of the services, program, or activities of the PSC, or have been subjected to discrimination in a PSC setting. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 07/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43090.htm No. 43091 (5-year Review): R746-600. Postretirement Benefits other than Pensions. 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 for the PSC to determine how postretirement benefits are accounted for by the regulated monopoly utility companies. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melanie Reif by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 07/16/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43091.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). HEALTH DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 43078 (Five-Year Extension): R438-13. Rules for the Certification of Institutions to Obtain Impounded Animals in the State of Utah. EXTENSION REASON: The agency needs to make extensive revisions to this rule so they want to delay the five-year review. The new deadline is 11/09/2018. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov EFFECTIVE: 07/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20180801/43078.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. AGRICULTURE AND FOOD PLANT INDUSTRY No. 42872 (AMD): R68-20.Utah Organic Standards Published: 06/01/2018 Effective: 07/09/2018 COMMERCE REAL ESTATE No. 42809 (AMD): R162-2c.Utah Residential Mortgage Practices and Licensing Rules Published: 05/15/2018 Effective: 07/13/2018 EDUCATION ADMINISTRATION No. 42914 (AMD): R277-104.ADA Complaint Procedure Published: 06/01/2018 Effective: 07/09/2018 No. 42915 (AMD): R277-107.Educational Services Outside of Educator's Regular Employment Published: 06/01/2018 Effective: 07/09/2018 No. 42916 (AMD): R277-436.Gang Prevention and Intervention Programs in the Schools Published: 06/01/2018 Effective: 07/09/2018 No. 42923 (NEW): R277-461.Elementary School Counselor Grant Program Published: 06/01/2018 Effective: 07/09/2018 No. 42921 (R&R): R277-613.LEA Bullying, Cyber-bullying, Hazing and Harassment Policies and Training Published: 06/01/2018 Effective: 07/09/2018 No. 42917 (AMD): R277-614.Athletes and Students with Head Injuries Published: 06/01/2018 Effective: 07/09/2018 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 42798 (AMD): R313-37-3.Clarifications or Exceptions Published: 05/01/2018 Effective: 07/13/2018 GOVERNOR ECONOMIC DEVELOPMENT No. 42922 (AMD): R357-5.Motion Picture Incentive Published: 06/01/2018 Effective: 07/09/2018 HEALTH ADMINISTRATION No. 42863 (AMD): R380-40.Local Health Department Minimum Performance Standards Published: 05/15/2018 Effective: 07/03/2018 No. 42852 (AMD): R380-50.Local Health Department Funding Allocation Formula Published: 05/15/2018 Effective: 07/03/2018 DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 42870 (NEW): R384-324.Tobacco Retailer Permit Process Published: 05/15/2018 Effective: 07/09/2018 NATURAL RESOURCES WILDLIFE RESOURCES No. 42920 (AMD): R657-5.Taking Big Game Published: 06/01/2018 Effective: 07/09/2018 No. 42919 (AMD): R657-10.Taking Cougar Published: 06/01/2018 Effective: 07/09/2018 No. 42913 (NEW): R657-51.Poaching-Reported Reward Permits Published: 06/01/2018 Effective: 07/09/2018 PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 42808 (AMD): R722-310.Regulation of Bail Bond Recovery and Enforcement Agents Published: 05/15/2018 Effective: 07/11/2018 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/ . <> ----------------------------