---------------------------- Utah State Digest, Vol. 2018, No. 19 (October 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed September 1, 2018, 12:00 AM through September 14, 2018, 11:59 PM Volume 2018, No. 19 October 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 UPA's Major Stationary Source Precursor Demonstration for NOx, SOx, VOC, and NH3 in the Salt Lake City 24-hour PM2.5 Serious Nonattainment Area - 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/2018/20181001/sn160600.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 September 1, 2018, 12:00 a.m., and September 14, 2018, 11:59 p.m. are summarized in this, the October 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the October 1, 2018, issue of the Utah State Bulletin until at least October 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 January 29, 2019, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43188 (Amendment): R156-1. General Rule of the Division of Occupational and Professional Licensing. SUMMARY OF THE RULE OR CHANGE: Section R156-1-601 is a new section which: 1) incorporates certain definitions regarding telehealth from the Telehealth Act; 2) defines "patient encounter"; and 3) defines "provider" to include, in addition to an individual licensed under Title 58 to provide health care: a) an individual providing health care services under Title 58 but exempted from licensure pursuant to Subsection 58-1- 307, and b) multiple providers providing care as a team consistent with standards of practice in traditional health care settings. Section R156- 1-602 is a new section which clarifies the scope of practice for telehealth services pursuant to Section 26-60-103 and Subsection 26-60- 104(1). Subsection R156-1-602(1) emphasizes that this section does not alter or amend the standard of practice for any healthcare field or profession. Subsection R156-1-602(2)(a) requires a provider to verify the patient's identity and originating site, and Subsection R156-1- 602(2)(b) details how a provider shall obtain informed consent to the use of telehealth services. Subsection R156-1-602(2)(c) requires that the telehealth patient be allowed to select their provider to the extent possible, and Subsection R156-1-602(2)(d) requires the provider to ensure that the online site from which the provider offers telehealth services does not restrict the patient's choice to select a specific pharmacy. Subsection R156-1-602(3) clarifies that it is not an acceptable standard of care for a provider offering telehealth services to establish a diagnosis and identify underlying conditions and contraindications to a recommended treatment based solely on an online questionnaire, except as specifically provided in Title 58, Chapter 83, the Online Prescribing, Dispensing, and Facilitation Licensing Act. Subsection R156-1-602(4) clarifies and establishes how a provider offering telehealth services may carry out the mandate of Subsection 26-60-103(c) of the Telehealth Act to "be available" to the patient "for subsequent care related to the initial telemedicine services". Subsection R156-1-602(5) restates for clarity the mandate of Subsection 26-30-103(1)(d) that the provider must be familiar with available medical resources, including emergency resources near the originating site. Subsection R156-1-602(6) clarifies that if an established provider-patient relationship is not present, the provider shall establish a provider-patient relationship during the patient encounter in a manner consistent with standards of practice. Subsection R156-1-602(7) clarifies that nothing in this section prohibits electronic communications consistent with standards of practice in traditional health care settings, and identifies certain of these existing practices such as in on-call or cross-coverage situations or in an emergency. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed sections will clarify the standards for health care providers offering telehealth care under Title 58, Occupations and Professions, and will therefore indirectly affect those who employ such health care providers to provide telehealth services. This will include certain state government entities acting as businesses. However, because these proposed amendments only clarify the mandates of the Telehealth Act (Title 26, Chapter 60) as enacted by H.B. 154 (2017), the Division estimates that these proposed amendments will have no impact on state agencies over and above that already included in the fiscal note for H.B. 154 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0154.html. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: These proposed sections will clarify the standards for health care providers offering telehealth care under Title 58, Occupations and Professions, and will therefore indirectly affect those who employ such health care providers to provide telehealth services. This will include certain local government entities acting as businesses. However, because these proposed amendments only clarify the mandates of the Telehealth Act (Title 26, Chapter 60) as enacted by H.B. 154 (2017), the Division estimates that these proposed amendments will have no impact on local governments over and above that already included in the fiscal note for H.B. 154 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0154.html. - SMALL BUSINESSES: These proposed sections will clarify the standards for health care providers offering telehealth care under Title 58, Occupations and Professions. Accordingly, these proposed sections will affect any Utah small businesses that employ health care providers to provide telehealth services. The Division estimates that there are approximately 9,421 small business employers in the health care industry in Utah who could potentially be affected. Broadly, these small businesses could include most small businesses categorized under NAICS 62; for a complete listing of NAICS Codes used in this analysis, please contact the Division. However, because these proposed amendments only clarify the mandates of the Telehealth Act (Title 26, Chapter 60), as enacted by H.B. 154 (2017), the Division estimates that these proposed amendments will have no impact on small businesses over and above that already included in the fiscal note for H.B. 154 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0154.html. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed sections will affect health care providers offering telehealth care under Title 58, Occupations and Professions. However, because these proposed amendments only clarify the mandates of the Telehealth Act (Title 26, Chapter 60), as enacted by H.B. 154 (2017), the Division estimates that these proposed amendments will have no impact on other persons over and above that already included in the fiscal note for H.B. 154 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0154.html. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed sections will affect a health care provider who offers telehealth care under Title 58, Occupations and Professions. However, because these proposed amendments only clarify the mandates of the Telehealth Act (Title 26, Chapter 60), as enacted by H.B. 154 (2017), the Division estimates that these proposed amendments will have no compliance cost on any affected persons over and above that already included in the fiscal note for H.B. 154 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0154.html. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Section R156-1-601 is a new section which: 1) incorporates certain definitions regarding telehealth from the Telehealth Act; 2) defines "patient encounter"; and 3) defines "provider". Section R156-1- 602 is a new section which clarifies the scope of practice for telehealth services pursuant to Section 26-60-103 and Subsection 26-60-104(1). These proposed sections will clarify the standards for health care providers offering telehealth care under Title 58, Occupations and Professions. Accordingly, these proposed sections will affect any Utah small businesses that employ health care providers to provide telehealth services. The Division estimates that there are approximately 9,421 small business employers in the health care industry in Utah who could potentially be affected. Broadly, these small businesses could include most small businesses categorized under NAICS 62. Because these proposed sections only clarify the mandates of the Telehealth Act (Title 26, Chapter 60), as enacted by H.B. 154 (2017), the Division estimates that these proposed sections will have no impact on small businesses over and above that already included in the fiscal note for H.B. 154 (2017), available online at: https://le.utah.gov/~2017/bills/static/HB0154.html. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/15/2018 09:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43188.htm No. 43189 (Amendment): R156-28. Veterinary Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-28-102, the amendments define what "working under" means with regards to unlicensed assistive personnel. In Section R156-28-302b, the amendments are clerical and grammatical in nature. In Section R156-28-302c, the amendments clarify the examination requirements when initially sitting for the NAVLE and when retaking the NAVLE as needed. In Section R156-28-304, the amendments are clerical and grammatical in nature. In Section R156-28- 502, the amendments are clerical and grammatical in nature, and update the existing reference to the Principles of Veterinary Medical Ethics to the latest April 2016 edition. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division estimates that there will be no impact on the state budget from any of these amendments, because these amendments only conform the rule to existing practice. The Division will incur minimal costs of approximately $75 to disseminate this rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: The Division estimates that there will be no impact on local governments from any of these amendments, because these amendments only conform this rule to existing practice. - SMALL BUSINESSES: The Section R156-28-102 amendments that define "working under" will affect licensed veterinarians and the individuals working under them, which may indirectly affect the 223 small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine or in providing testing services for licensed veterinary practitioners (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to small business from these amendments, because these amendments only conform this rule to existing practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Section R156-28-102 amendments that define "working under" will affect licensed veterinarians and the individuals working under them, and the Section R156-28-302c amendments that update and clarify examination requirements will affect individuals applying for licensure as a veterinarian. However, the Division estimates that there will be no impact on these other persons from these amendments, because these amendments only conform this rule to existing practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Section R156-28-102 amendments that define "working under" will affect a licensed veterinarian and an individual working under a licensed veterinarian. The Section R156-28-302c amendments that update and clarify examination requirements will affect an individual applying for licensure as a veterinarian. However, the Division estimates that there will be no compliance costs for these affected persons from these amendments, because these amendments only conform this rule to existing practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to Section R156-28-102 define what "working under" means with regards to unlicensed assistive personnel. The amendments to Section R156-28-302c clarify the examination requirements when initially sitting for the North American Veterinarian Licensing Examination (NAVLE), and when retaking the NAVLE as needed. The amendments to Section R156-28-302b and to Section R156-28-304 are clerical and grammatical in nature and have no fiscal impact. The amendments to Section R156-28-502 are clerical and grammatical in nature, and update the existing reference to the Principles of Veterinary Medical Ethics to the latest April 2016 edition, and have no fiscal impact. The Section R156-28-102 amendments that define "working under" will affect licensed veterinarians and the individuals working under them, which may indirectly affect the 223 small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine or in providing testing services for licensed veterinary practitioners (NAICS 541940). Similarly, the definition of "working under" may indirectly affect the four non-small businesses in Utah comprising establishments of licensed veterinarians engaged in the practice of veterinary medicine or in providing testing services for licensed veterinary practitioners (NAICS 541940). However, the Division estimates that there will be no fiscal cost or benefit to small businesses or non-small businesses from these amendments, because the amendments only conform this rule to existing practice. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 10/15/2018 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43189.htm EDUCATION ADMINISTRATION No. 43190 (Amendment): R277-106. Utah Professional Practices Advisory Commission Appointment Process. SUMMARY OF THE RULE OR CHANGE: Rule R277-106 was amended two years ago to include provisions requiring the Superintendent to consult the State Board of Education (Board) before making UPPAC appointments. These amendments remove the requirement added two years ago and allows the Superintendent to make UPPAC appointments in accordance with the statute. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies and remove requirements for the Superintendent to consult the Board prior to making UPPAC appointments. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies and remove requirements for the Superintendent to consult the Board prior to making UPPAC appointments. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small business revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies and remove requirements for the Superintendent to consult the Board prior to making UPPAC appointments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies and remove requirements for the Superintendent to consult the Board prior to making UPPAC appointments. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43190.htm No. 43183 (Amendment): R277-404. Requirements for Assessments of Student Achievement. SUMMARY OF THE RULE OR CHANGE: Rule R277-404 is updated to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah, and Board of Education (Board) policies. Section R277-414-3 has been updated for the 2018 - 2019 school year. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have material fiscal impact on state government revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - LOCAL GOVERNMENTS: This rule change is not expected to have any material impact on local governments' revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small business revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This rule change has no material fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43183.htm No. 43202 (Amendment): R277-474. School Instruction and Human Sexuality. SUMMARY OF THE RULE OR CHANGE: This rule is being updated to reflect the minor changes required by H.B. 286 passed during the 2018 General Session, including the change of "human sexuality" to "sex education" and referencing the new LEA responsibilities enumerated in statute and makes conforming formatting and technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have material fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education (Board) policies. This rule is being updated to reflect the minor changes required by H.B. 286 (2018), including the change of "human sexuality" to "sex education" and referencing the new LEA responsibilities enumerated in statute. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being updated to reflect the minor changes required by H.B. 286 (2018), including the change of "human sexuality" to "sex education" and referencing the new LEA responsibilities enumerated in statute. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being updated to reflect the minor changes required by H.B. 286 (2018), including the change of "human sexuality" to "sex education" and referencing the new LEA responsibilities enumerated in statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impacts on persons other than small businesses, businesses, or local government entities revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being updated to reflect the minor changes required by H.B. 286 (2018), including the change of "human sexuality" to "sex education" and referencing the new LEA responsibilities enumerated in statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There were no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no material fiscal impact on LEAs and will not have a fiscal impact on non- small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43202.htm No. 43193 (Repeal): R277-510. Educator Licensing - Highly Qualified Assignment. SUMMARY OF THE RULE OR CHANGE: The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, Utah State Board of Education recommends the repeal of Rule R277-510 as it is no longer necessary. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any material fiscal impact on state government revenues or expenditures. The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, the Board of Education is repealing Rule R277-510 as it is no longer necessary. - LOCAL GOVERNMENTS: This rule change is not expected to have any material impact on local governments' revenues or expenditures. The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, the Board of Education is repealing Rule R277-510 as it is no longer necessary. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures. The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, the Board of Education is repealing Rule R277-510 as it is no longer necessary. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures. The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, the Board of Education is repealing Rule R277-510 as it is no longer necessary. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs of affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This rule change has no material fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43193.htm No. 43201 (Amendment): R277-527. International Guest Teachers. SUMMARY OF THE RULE OR CHANGE: Rule R277-527 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies regarding international guest teachers. These changes will not alter the program. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies regarding international guest teachers. These changes will not alter the program. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies regarding the international guest teachers. This rule applies to a program for local education agencies and does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies regarding the international guest teachers. This rule applies to a program for local education agencies and does not affect other individuals. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes apply to a program for local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43201.htm No. 43191 (Amendment): R277-708. Enhancement for At-Risk Students. SUMMARY OF THE RULE OR CHANGE: Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018 - 19 school year is $38,000,000. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018-19 school year is $38,000,000. Because increased money was provided by the Legislature for the program, there will be no impact due to these rule changes. - LOCAL GOVERNMENTS: Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018-19 school year is $38,000,000. Because increased money was provided by the Legislature for the program, there will be no impact due to these rule changes. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because the amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018-19 school year is $38,000,000. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because these amendments affect the distribution of money to school districts and charter schools. Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018 - 19 school year is $38,000,000. 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: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes has no material fiscal impact on local education agencies aside from the increased funds available through appropriations and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43191.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 43212 (Amendment): R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter. SUMMARY OF THE RULE OR CHANGE: This amendment changes the amendment date from 12/02/2015 to 12/05/2018. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on the state budget. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will not have a compliance cost for affected persons. This proposed change does not alter previously existing requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43212.htm No. 43211 (New Rule): R307-511. Oil and Gas Industry: Associated Gas Flaring. SUMMARY OF THE RULE OR CHANGE: This rule requires the associated natural gas from operating wells to be controlled as is required for other equipment, such as storage vessels and dehydrators. It defines key terms, identifies the applicability, identifies flaring requirements, and establishes required recordkeeping. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule will not have a direct fiscal impact on the state budget. - LOCAL GOVERNMENTS: This new rule will not have a direct fiscal impact on local governments. - SMALL BUSINESSES: This new rule will have a direct fiscal cost and benefit on an unknown number of small businesses operating in Utah. These small businesses could spend between $800 to $1,500 in a one-time equipment installation cost. The installation of equipment would make the businesses eligible to utilize permitting-by-rule, which will then save the same companies $2,050 in permitting costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule will not have a direct fiscal impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new rule does not have a compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conduction a thorough analysis, it was determined that there is an inestimable impact on oil and gas extraction small businesses operating in Utah. Although each site could have an $800 to $1,000 one- time equipment cost associated with this rule, those same businesses would be eligible to participate in the new permitting rule that would generate a one-time fiscal benefit of $2,050. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 12/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43211.htm DRINKING WATER No. 43209 (Amendment): R309-105-12. Cross Connection Control. SUMMARY OF THE RULE OR CHANGE: In Subsection R309-105-12(1), removes section and version in the reference to the International Plumbing Code. In Subsection R309-105-12(2)(c)(i), adds specific requirement for all community water systems to have a certified Cross Connection Control Administrator on staff or access to one (can be a contractual agreement). In Subsection R309-105-12(2)(c)(ii), adds a requirement that all other classifications of water systems may be required to have certified Cross Connection Control Program Administrator subject to Director's discretion. In Subsection R309-105-12(4), changes the term "certification" to "approval". In Subsection R309-105-12(5), changes the term "device" to "assembly". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments are not expected to have a fiscal impact on state revenues or expenditures related to administration of the rule by the Division of Drinking Water (Division). No additional state employees or resources are needed to oversee the new requirement that Community Water Systems employ a Cross Connection Control Program Administrator. It is possible that the state could receive increased revenue from additional individuals seeking certification as Cross Connection Control Program Administrators at Community Water Systems because of this rule revision. It is impossible to estimate, however, the additional number of individuals that may seek certification or whether, in fact, the number will increase after this rule is adopted. These proposed amendments are expected to have a direct fiscal impact on Public Water Systems that are classified as Community Water Systems under the Safe Drinking Water Act. In Utah, there are two Community Water Systems operated by the state that are expected to experience a total one-time expenditure of $880 to obtain certification for a Cross Connection Control Program Administrator and total ongoing expenditures of $310 per year for certification renewal and contract maintenance. The Division assumes that one of the water systems, the larger one, will use an existing employee as a Cross Connection Control Program Administrator and the other, the smaller one, will contract with someone to act as a Program Administrator. Therefore, the Division assumes that the larger water system will have no new salary or benefit costs but will have to pay a one-time fee of $480 for initial certification and an ongoing fee of $110 annually for certification renewal. The Division assumes that the smaller water system will have to pay a one-time fee of $400 for an initial contract with a certified Program Administrator to set up a Cross Connection Control Program and an ongoing annual fee of $200 for a contract to maintain the program, both fees based on an estimated cost of $50/hr. The new requirement will be implemented in two phases based on the size of the Community Water System. Beginning in Fiscal Year 2021, the total one-time expenditure for state-operated water systems will be $480 and the annual ongoing expenditure will be $110. In FY 2023, the total one-time expenditure will be $400 and the annual ongoing expenditure will increase by $200. Travel costs related to attending an initial certification course and certification examination are inestimable. The Division cannot predict who will have to travel and what the costs would be for various individuals. The Division assumes that there will be no costs associated with attending courses to obtain Continuing Education Units (CEU) needed for certification renewal because free courses are available throughout the state. The fiscal benefit to a state-operated Community Water System of avoiding backflow incidents by employing a certified Cross Connection Control Program Administrator is inestimable. The backflow of contaminated water into a drinking water system could require the expenditure of funds to replace equipment, flush water lines, notify customers of the event, and install equipment to prevent future backflow incidents. Non-fiscal costs to be borne by the state-operated Community Water Systems would include time off from work for employees to attend certification courses, certification examinations, and CEU-eligible courses. The non-fiscal benefits of avoiding a backflow incident include providing safe drinking water to the public and maintaining public trust in the safety of drinking water. - LOCAL GOVERNMENTS: These proposed amendments are expected to have a direct fiscal impact on Public Water Systems that are classified as Community Water Systems under the Safe Drinking Water Act. In Utah, there are 309 Community Water Systems operated by local governments that are expected to experience a total one time expenditure of $140,480 to obtain certification for a Cross Connection Control Program Administrator and total ongoing expenditures of $42,810 per year for certification renewal and contract maintenance. The Division assumes that locally- operated Community Water Systems serving 500 or more persons will use an existing employee as a Cross Connection Control Program Administrator and that locally-owned Community Water Systems serving less than 500 persons will contract with someone to act as a Program Administrator. Therefore, the Division assumes that locally-operated Community Water Systems serving 500 or more persons will have no new salary or benefit costs but will have to pay a one-time fee of $480 per system for initial certification and an ongoing fee of $110 per system annually for certification renewal. The Division assumes that locally-owned Community Water Systems serving less than 500 persons will have to pay a one-time fee of $400 per water system for an initial contract with a certified Program Administrator to set up a Cross Connection Control Program and an ongoing annual fee of $200 per water system for a contract to maintain the program, both fees based on an estimated cost of $50/hr. The new requirement will be implemented in two phases based on the size of the Community Water System. Beginning in Fiscal Year 2021, the total one- time expenditure for local government-operated water systems will be $101,280 and the annual ongoing expenditure will be $23,210. In FY 2023, the total one-time expenditure will be $39,200 and the annual ongoing expenditure will increase by $19,600. Travel costs related to attending an initial certification course and certification examination are inestimable. The Division cannot predict who will have to travel and what the costs would be for various individuals. The Division assumes that there will be no costs associated with attending courses to obtain CEU needed for certification renewal because free courses are available throughout the state. The fiscal benefit to a locally-operated Community Water System of avoiding backflow incidents by employing a certified Cross Connection Control Program Administrator is inestimable. The backflow of contaminated water into a drinking water system may require the expenditure of funds to replace equipment, flush water lines, notify customers of the event, and install equipment to prevent future backflow incidents. Non-fiscal costs to be borne by the locally-operated Community Water Systems would include time off from work for employees to attend certification courses, certification examinations, and CEU- eligible courses. The non-fiscal benefits of avoiding a backflow incident include providing safe drinking water to the public and maintaining public trust in the safety of drinking water. - SMALL BUSINESSES: These proposed amendments are expected to have a direct fiscal impact on Public Water Systems that are classified as Community Water Systems under the Safe Drinking Water Act. In Utah, there are 163 privately-operated Community Water Systems. The Division assumes that all 163 water systems are operated by businesses with fewer than 50 employees. The water systems are expected to experience a total one-time expenditure of $67,600 to obtain certification for a Cross Connection Control Program Administrator and total ongoing expenditures of $29,900 per year for certification renewal and contract maintenance. The Division assumes that privately-operated Community Water Systems serving 500 or more persons will use an existing employee as a Cross Connection Control Program Administrator and that privately-owned Community Water Systems serving less than 500 persons will contract with someone to act as a Program Administrator. Therefore, the Division assumes that privately-operated Community Water Systems serving 500 or more persons will have no new salary or benefit costs but will have to pay a one-time fee of $480 per system for initial certification and an ongoing fee of $110 per system annually for certification renewal. The Division assumes that privately-owned Community Water Systems serving less than 500 persons will have to pay a one-time fee of $400 per water system for an initial contract with a certified Program Administrator to set up a cross connection control program and an ongoing annual fee of $200 per water system for a contract to maintain the program, both fees based on an estimated cost of $50/hr. The new requirement will be implemented in two phases based on the size of the Community Water System. Beginning in Fiscal Year 2021, the total one-time expenditure for privately-operated water systems will be $14,400 and the annual ongoing expenditure will be $3,300. In FY 2023, the total one-time expenditure will be $53,200 and the annual ongoing expenditure will increase by $26,600. Travel costs related to attending an initial certification course and certification examination are inestimable. The Division cannot predict who will have to travel and what the costs would be for various individuals. The Division assumes that there will be no costs associated with attending courses to obtain Continuing Education Units (CEU) needed for certification renewal because free courses are available throughout the state. The fiscal benefit to a privately- operated Community Water System of avoiding backflow incidents by employing a certified Cross Connection Control Program Administrator is inestimable. The backflow of contaminated water into a drinking water system may require the expenditure of funds to replace equipment, flush water lines, notify customers of the event, and install equipment to prevent future backflow incidents. Non-fiscal costs to be borne by the privately-operated Community Water Systems would include time off from work for employees to attend certification courses, certification examinations, and CEU-eligible courses. The non-fiscal benefits of avoiding a backflow incident include providing safe drinking water to the public and maintaining public trust in the safety of drinking water. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are expected to have a direct fiscal impact on Public Water Systems that are classified as Community Water Systems under the Safe Drinking Water Act. In Utah, there are 10 Community Water Systems operated by "other persons", in this case the federal government, that are expected to experience a total one-time expenditure of $4,560 to obtain certification for a Cross Connection Control Program Administrator and total ongoing expenditures of $1,370 per year for certification renewal and contract maintenance. The Division assumes that federally-operated Community Water Systems serving 500 or more persons will use an existing employee as a Cross Connection Control Program Administrator and that federally-owned Community Water Systems serving less than 500 persons will contract with someone to act as a Program Administrator. Therefore, the Division assumes that federally-operated Community Water Systems serving 500 or more persons will have no new salary or benefit costs but will have to pay a one-time fee of $480 per system for initial certification and an ongoing fee of $110 per system annually for certification renewal. The Division assumes that federally-owned Community Water Systems serving less than 500 persons will have to pay a one-time fee of $400 per water system for an initial contract with a certified Program Administrator to set up a Cross Connection Control Program and an ongoing annual fee of $200 per water system for a contract to maintain the program, both fees based on an estimated cost of $50/hr. The new requirement will be implemented in two phases based on the size of the Community Water System. Beginning in Fiscal Year 2021, the total one-time expenditure for federally-operated water systems will be $3,360 and the annual ongoing expenditure will be $770. In FY 2023, the total one-time expenditure will be $1,200 and the annual ongoing expenditure will increase by $600. Travel costs related to attending an initial certification course and certification examination are inestimable. The Division cannot predict who will have to travel and what the costs would be for various individuals. The Division assumes that there will be no costs associated with attending courses to obtain CEU needed for certification renewal because free courses are available throughout the state. The fiscal benefit to a federally-operated Community Water System of avoiding backflow incidents by employing a certified Cross Connection Control Program Administrator is inestimable. The backflow of contaminated water into a drinking water system may require the expenditure of funds to replace equipment, flush water lines, notify customers of the event, and install equipment to prevent future backflow incidents. Non-fiscal costs to be borne by the federally-operated Community Water Systems would include time off from work for employees to attend certification courses, certification examinations, and CEU-eligible courses. The non-fiscal benefits of avoiding a backflow incident include providing safe drinking water to the public and maintaining public trust in the safety of drinking water. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, in this case Community Water Systems, would increase because of these proposed amendments. Community Water Systems would be required to have a Cross Connection Control Program Administrator either through direct employment or by contract. This is a new requirement; previously a water system was required to have a Cross Connection Control Program but was not required to employ a certified person to administer the program. The compliance costs would result from paying fees for employees to obtain certification and renew that certification annually or from contracting with a certified Cross Connection Control Program Administrator. Specific estimated costs are shown above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments would directly affect 163 privately-owned Community Water Systems in Utah that would be required to employ a certified Cross Connection Control Program Administrator. All are assumed to have fewer than 50 employees. The total one-time expenditure for the water systems to comply with the new requirement to employ certified Cross Connection Control Program Administrators is estimated to be $67,600 and the total ongoing annual expenditure is estimated to be $29,900. Because the new requirement will begin in phases, the one-time expenditures are estimated to be $14,400 in Fiscal Year 2021 and $53,200 in Fiscal Year 2023. The total annual ongoing expenditures are estimated to be $3,300 in Fiscal Year 2021 and are estimated to increase by $26,600 per year in Fiscal Year 2023. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Rager by phone at 801-536-4498, by FAX at 801-536-4211, or by Internet E-mail at grager@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43209.htm No. 43210 (Repeal and Reenact): R309-305. Certification Rules for Backflow Technicians. SUMMARY OF THE RULE OR CHANGE: This filing changes the title of this rule and rearranges the entire rule. It changes the names of the different certifications from "Class 1" and "Class 2" to "Cross Connection Control Program Administrator" and "Backflow Assembly Tester", eliminates the terms "technician" and "Class 3" certification, eliminates the current Sections R309-305-6, R309-305-7, R309-305-8, and R309-305-11 and puts the information into the new Sections R309-305-7, R309-305-8, and R309-305-9. Restructures the Cross Connection Control Commission section (R309-305-4) and eliminates reference to agencies that may nominate members to the commission. Also defines roles and responsibilities of the Director, commission members, and commission secretary in regards to Cross Connection Control Commission functions. In the new Section R309-305-7, makes changes and rewrites the training course, examination, and application requirements to attain Cross Connection Control Program Administrator certificates and renewals. In the new Section R309-305-8, makes changes and rewrites the training course requirements, examination issuance, and application requirements to attain Backflow Assembly Tester certificates and renewals. The new Section R309-305-9 requires that a proctor for a Backflow Tester certification hold a proctor certificate from accredited agency accepted by the Cross Connection Control Commission. The new Section R309-305-11, removes obsolete reference to the state code, rewrites and defines fee responsibilities of the applicant. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The proposed repeal and reenactment of this rule is expected to have a fiscal impact on state revenues. The costs of renewing Cross Connection Control Program Administrator and Backflow Assembly Tester certificates are expected to fall because the completion of classroom courses provided by the state will no longer be required for certification renewal. Therefore, state revenues will be reduced because fees for the courses will no longer be paid to the state. Revenues from Cross Connection Control Program Administrators are expected to be reduced by $38.33 per certificate renewal. There are currently 226 Program Administrator certificates that could be renewed over the next 3 fiscal years for a total revenue loss to the state of $8,663. Revenues from Backflow Assembly Testers are expected to be reduced by $70 per certificate renewal. There are currently 706 Assembly Tester certificates that could be renewed over the next 3 fiscal years for a total revenue loss to the state of $49,420. Therefore, for both certificate levels, total state revenue is expected to be reduced by $58,083 over the next 3 fiscal years. - LOCAL GOVERNMENTS: The proposed repeal and reenactment of this rule is not expected to have a fiscal impact on local governments' revenues or expenditures. This rule pertains to certification of Cross Connection Control Program Administrators and Backflow Assembly Testers for Public Water Systems. It rearranges the requirements of the current rule and revises certification titles. - SMALL BUSINESSES: The proposed repeal and reenactment of this rule is not expected to have a fiscal impact on small businesses' revenues or expenditures. This rule pertains to certification of Cross Connection Control Program Administrators and Backflow Assembly Testers for Public Water Systems. It rearranges the requirements of the current rule and revises certification titles. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments are expected to have a direct fiscal benefit to Cross Connection Control Program Administrators (currently certified under the title of Class I Backflow Technicians) and Backflow Assembly Testers (currently certified under the title of Class II Backflow Technicians). In Utah, there are currently 226 Cross Connection Control Program Administrators and 706 Backflow Assembly Testers. Cross Connection Control Program Administrators are expected to save $38.33 per certificate renewal for a total savings of $8,663 in certification renewal fees over the course of the next 3 fiscal years because the completion of classroom courses will no longer be required for certification renewal. Backflow Assembly Testers are expected to save $70 per certificate renewal for a total of $49,420 annually in certification renewal fees over the course of the next 3 fiscal years because the completion of classroom courses will no longer be required for certification renewal. Therefore, for both certificate levels, total renewal fees are expected to be reduced by $58,083 over the next 3 fiscal years. The Division of Drinking Water does not anticipate any direct fiscal costs to certified Cross Connection Control Program Administrators and Backflow Assembly Testers because of these proposed amendments. Non- fiscal costs for Cross Connection Control Program Administrators and Backflow Assembly Testers may include time off from work to attend CEU- eligible courses, which the proposed amendment would require for certification renewal. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, certified Cross Connection Control Program Administrators and certified Backflow Assembly Testers, are expected to be reduced by the reenacted rule because the completion of classroom courses will no longer be required for certification renewal. Instead, Continuing Education Units (CEU) will be required for certification renewal. The Division assumes that there will be no costs associated with attending courses to obtain CEU’s needed for certification renewal because free courses are available throughout the state. Specific estimated cost savings for affected persons are shown above under other persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed repeal and reenactment is not expected to have a direct fiscal impact on businesses. This rule pertains to certification requirements for Cross Connection Control Program Administrators and Backflow Assembly Testers at public water systems. Therefore, this proposed rule has a direct fiscal impact on certified Program Administrators and Assembly Testers. A business that employs a certified Cross Connection Control Program Administrator or Backflow Assembly Tester could indirectly realize reduced costs if it reimburses an employee for certification renewal because those costs are expected to be lower under this proposed rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Rager by phone at 801-536-4498, by FAX at 801-536-4211, or by Internet E-mail at grager@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43210.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43207 (Amendment): R315-301-7. Self-Inspection of Solid Waste Management Facility. SUMMARY OF THE RULE OR CHANGE: On 09/13/2018, the Waste Management and Radiation Control Board authorized the proposed changes to Section R315- 301-7 for formal rulemaking and public comment. The proposed new section, R315-301-7, implements the provisions of Section 19-6-109, as amended by H.B. 373 (2018). Three new definitions for "self-inspection", "training program", and "certificate" are added. An owner or operator who elects to perform self-inspections will be required to provide the director of the Division of Waste Management and Radiation Control (Division), by December 1, written notification of the intent to self- inspect during the following calendar year. The annual notification will need to identify the individual(s) who will be conducting the self- inspections. Those conducting self-inspections will need to complete the Division's training program and receive a completion certificate issued by the Division director prior to performing self-inspections. Self- inspections are to be conducted at least annually to determine compliance with permit, plan of operation, or applicable regulatory requirements. Documentation of each self-inspection is required using the inspection form prescribed by the Division director and submitted in an electronic format prescribed by the Division director within 30 days after completing a self-inspection. The proposed section allows the Division to inspect a facility conducting self-inspections. For a severe violation of a permit, plan of operation, or rule, the Division director may determine that an owner or operator is temporarily or permanently ineligible to perform self-inspections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: H.B. 373 (2018) appropriated one-time funding to the Division to account for costs related to the development of an electronic inspection form and associated inspection data management system. The development of this new system will done by an outside contractor. A cost proposal of $19,200 has been submitted by a contractor. There may be some undetermined, longer-term savings due to the implementation of electronic information resources. Additionally, the fiscal note for H.B. 373 (2018) stated if all facilities choose to opt-in to self-inspection, this could result in ongoing costs to the agency up to $63,100 to review self-inspection reports and administer the certification and training program. Depending on the number of facilities that choose to perform self-inspections, this may result in a potential cost of $82,300 for FY2019 and a potential cost of $63,100 for subsequent years. Depending on the number of facilities that choose to self-inspect, this may also result in a potential annual savings range of $118,700. - LOCAL GOVERNMENTS: If a local government that owns and/or operates a solid waste management facility chooses to self-inspect, there may be undefined minimal administrative costs associated with the management of the inspection data in an electronic format. There will be no cost or savings impact to facilities that choose not to perform self-inspections. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. Utilizing an Internet browser based electronic data management system will also result in an inestimable savings compared to a non-browser based system since there will be no direct software costs. - SMALL BUSINESSES: If any small businesses that own or operate a solid waste management facility choose to self-inspect, there may be undefined minimal administrative costs associated with the management of the inspection data in an electronic format. There will be no cost or savings impact to facilities that choose not to perform self-inspections. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. Utilizing an Internet browser based electronic data management system will also result in an inestimable savings compared to a non-browser based system since there will be no direct software costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Those entities that own or operate a solid waste management facility and choose to self-inspect, may result in undefined minimal administrative costs associated with the management of the inspection data in an electronic format. There will be no cost or savings impact to facilities that choose not to perform self-inspections. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. Utilizing an Internet browser based electronic data management system will also result in an inestimable savings compared to a non-browser based system since there will be no direct software costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: Severe violations may result in temporary or permanent ineligibility to conduct self-inspections as well as administrative penalties as amended by H.B. 373 (2018) (Section 19-6- 109) and as provided by existing statute. Other compliance costs associated the management of the inspection data in an electronic format are undefined. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Those entities that own or operate a solid waste management facility and choose to self-inspect, may incur undefined minimal administrative costs associated with the management of the inspection data in an electronic format. There will be no cost or savings impact to facilities that choose not to perform self-inspections. The fiscal note for H.B. 373 (2018) stated the cost to waste management facilities that opt-in to the self-inspection program could be up to $100 per facility for training and compliance. Utilizing an Internet browser based electronic data management system will also result in an inestimable savings compared to a non-browser based system since there will be no direct software costs. Severe violations may result in temporary or permanent ineligibility to conduct self-inspections, as well as administrative penalties as amended by H.B. 373 (2018) (Section 19-6-109) and as provided by existing statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43207.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43182 (New Rule): R392-800. General Sanitation in Public Places. SUMMARY OF THE RULE OR CHANGE: This rule establishes minimum standards for the sanitation, operation, and maintenance of public places, as defined, and provides for the prevention and control of health hazards associated with public places that are likely to affect public health including risk factors contributing to injury, sickness, death, and disability. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enacting Rule R392-800 will not result in a cost or benefit to the state budget because this proposed rule does not require a change to state operations or programs, and it does not include requirements for the payment of fines or fees. - LOCAL GOVERNMENTS: Enacting Rule R392-800 will not result in a direct cost or benefit to local governments because no construction, equipment, or operational changes are required by this rule. This proposed rule does not include requirements for permit or inspection fees. Inspection frequency is not specified in this rule. - SMALL BUSINESSES: Enacting Rule R392-800 will not result in a direct cost or benefit to small businesses because no construction, equipment, or operational changes are required by this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enacting Rule R392-800 will not result in a direct cost or benefit to any one specific person. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons are as follows: Utah Department of Health; 13 local health departments; small businesses such as retail stores and malls; physician and dentist offices; commercial establishments, including lobbies; public conveyances and terminals; public baths, including saunas; amusement parks; and service stations. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost to businesses because this proposed rule does not require changes to construction, equipment or operational standards. This rule does not include requirements for permit or inspection fees, and does not specify inspection frequency. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Nelson by phone at 801-538-6739, or by Internet E-mail at chrisnelson@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43182.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43203 (Amendment): R426-5. Emergency Medical Services Training and Certification Standards. SUMMARY OF THE RULE OR CHANGE: These changes update language to be consistent with Title 26, Chapter 8a, by changing the term "licensed" to include individuals. They remove redundant training verification, change license terms to two years for individuals, and allow services to offer equivalent training in lieu of some certifications. 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 they are for the changing of terms, and documentation for licensed individuals providers. State expenditures and staff time are not affected. Reduced verification steps will likely offset the frequency needed to process licenses due to shortening the term from four years to two years. - LOCAL GOVERNMENTS: Local governments affected by these proposed rule amendments will have a fiscal impact if they pay fees for EMTs, AEMTs, EMT-IAs, Paramedics, and EMDs. A total cost estimate is based on 2,600 annual licenses issued for non-Paramedics, and 850 annual licenses for Paramedics. The net fiscal cost for each year is $32,500 + $12,750 = $45,250. Fiscal benefits for local governments include the allowance of a Department of Health (Department) approved equivalent for current certifications in the following categories: CPR, ACLS, PEP, PALS, PHTLS, and IRS. Equivalent training could save up to an estimated (3,450 X $47) = $162,150 for two years. The possible annual benefit is estimated at $81,075. Indirect benefits for local governments include time savings to verify training requirements in two systems (National Registry of EMTs and the State EMS training system). - SMALL BUSINESSES: Small businesses affected by these proposed rule amendments will have a fiscal impact if they pay fees for EMTs, AEMTs, EMT-IAs, Paramedics, and EMDs. A total cost estimate is based on 2,600 annual licenses issued for non-Paramedics, and 850 annual licenses for Paramedics. The net fiscal cost for each year is $32,500 + $12,750 = $45,250. An estimate cost of $150 per year for additional licensing expenses. An estimated possible benefit of $470 if providing department approved training for third party certifications is performed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The non-small businesses that choose to pay for the licensing of their staff will have fiscal impacts. The Department information was used to estimate the number of employed personnel for non-small businesses. These licensed and designated EMS providers who are businesses employ approximately 432 EMTs and AEMTs along with approximately 243 paramedics. The proposed rule amendments will coincide with a lower the personnel licensure fee. The Department was able to have the Utah Legislature reduce the existing fee of $60 to $40 starting 07/01/2018. The proposed amendments will change the term of a license from four years to two year for a licensure period. The amended rule will also require all personnel are certified by the Department-approved vendor. EMT, AEMT and paramedics will be required to pay the current approved vendor (National Registry of Emergency Medical Technicians) $15 per EMT and AEMT certifications and $20 for Paramedics certifications on a two year basis. The total change in fees for certification and licensure will be $55 per 2 years and $60 for 2 years for EMTs and Paramedics respectively. Currently, the fees are $60 per 4 years for both license levels. These averages will be $27.50 per EMT/AEMT annually and $30 per Paramedic annually. Current averages are $15 annually for both types. Using the annual cost differences of $12.50 for EMT/AEMTs and $15 for paramedics the total impact is (432 X $12.50) + (243 X $15)= $9,045 per year for non-small businesses affected by the proposed rule amendments. Fiscal benefits for non-small businesses include the allowance of a Department-approved equivalent for current certifications in the following categories: CPR, ACLS, PEP, PALS, PHTLS, and IRS. Equivalent training could save up to an estimated 675 X $47 = $31,725 for 2 years. The possible annual benefit is estimated at $15,863. Indirect benefits for non-small businesses include time savings to verify training requirements in two systems (National Registry of EMTs and the State EMS training system). COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule amendments are not expected to have any fiscal impact for persons, such as patients or hospitals, who normally pay for EMS services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The total fiscal benefit of these proposed amendments outweigh the total fiscal costs resulting in a net fiscal benefit which is appropriate to implement the changes required by statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43203.htm DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 43185 (Amendment): R438-13. Rules for the Certification of Institutions to Obtain Impounded Animals in the State of Utah. SUMMARY OF THE RULE OR CHANGE: These changes are made to section headings and numbering systems. Instructions are rearranged to make it easier for the reader to understand their responsibilities in carrying out this rule. These changes also update references and changes are made to clarify committee membership. No changes are made to the process or the intent of this rule. 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 these changes do not affect the implementation of this rule; they simply clarify the process. - LOCAL GOVERNMENTS: These proposed rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because these changes do not affect the implementation of this rule. These changes simply clarify the process. - SMALL BUSINESSES: These proposed rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because these changes do not affect the implementation of this rule. These changes simply clarify the process. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule change are not expected to have any fiscal impact on other person’s revenues or expenditures because these changes do not affect the implementation of this rule. These changes simply clarify the process. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule change are not expected to have any fiscal impact on any person’s revenues or expenditures because these changes do not affect the implementation of this rule. These changes simply clarify the process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Most of these changes are nonsubstantive for reorganization and clarification of existing requirements. The only substantive change was to remove the term of appointment for membership on the Impound Animals Advisory Committee. There is no fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43185.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43213 (New Rule): R523-17. Behavioral Health Crisis Response Systems Standards. SUMMARY OF THE RULE OR CHANGE: This new rule includes: a) definitions are provided for uncommon/industry specific terms used in this rule; b) standards established and defined for the "Behavioral Health Crisis Response System" that is being created through this rule; c) certification requirements, standards, and the certification process for Certified Crisis Workers are established for professionals who will be working in the Behavioral Health Crisis Response System; d) a process for revoking an individual's crisis worker certification, and appeals process are established; e) standards are established for mental health crisis lines that are created and maintained by local authorities; f) standards of care and services provided by entities that maintain mental health crisis lines to individuals who use that service are established; g) standards are established for the Statewide Mental Health Crisis Line; h) standards of care and services provided by the Statewide Mental Health Crisis Line to individuals who use that service are established; and i) the Division of Substance Abuse and Mental Health (DSAMH) oversight activities and responsibilities over the Behavioral Health Crisis Response System are established and defined. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Human Services' (DHS) DSAMH was allocated $2,380,000 in FY 2019 to administer this program that includes: expansion of mental health crisis line services i.e. contracting for a central line provider and improve telecommunications infrastructure, developing training materials, hiring a program administrator, and advertising. Contracting for a Central Emergency Mental Health Crisis Line: The DHS/DSAMH is contracting with the University Neuropsychiatric Institute (UNI) to develop and maintain the statewide crisis phone line at approximately a cost of $1,910,800 per annum. This cost includes setup of the telecommunications system, maintenance of referral resources statewide, personnel that meet the requirements of this rule, and all overhead and administrative costs. Additional costs to DHS/DSAMH: The remainder of the costs, $469,200 per annum, will be used to administer the certification of crisis works statewide, develop a training curriculum, provide annual training and oversee the monitoring of the statewide emergency response system, plus any additional administrative costs. Cost of Administrative Oversite: DHS/DSAMH has hired a Program Administrator I to oversee and coordinate efforts to develop a statewide crisis response system, whose job duties include all the cost identified in this analysis. This position will be responsible to create a curriculum for Certified Crisis Workers, assist with advertisement, and monitor provider crisis services. This position is funded through another bill so the cost of this salary will not be stated in this analysis. Cost of Processing Certifications: These cost include printing and mailing certificates, and time in reviewing applications and providing certificates. DSAMH does not have clear understanding of how many potential applications will be received, but the cost to create a certificate is about $0.90 per certificate which includes bonded paper, gold seal, printing, signature, and mail costs. Per-event time costs can be set at around 17 minutes per application. This calculation includes review of the application, receipt of information that a passing score was achieved, recording of the certification in the Division database, production of the certificate, signing the certificate, and mailing the certificate. Based on these calculations, it will cost DSAMH an additional $0.90 and 17 minutes to process all new crisis management certifications that are generated by this rule. This rule requires the Director or designee to review the application, and the Director to make a determination if certain training can be waived based on the applicants' past experience and training. The time needed to review applications is not estimable nor is the time needed to review a waiver. Financial costs would be the reviewing and making a determination on applications seeking waivers will be a minimum cost of $83.84 per hour based on the Director's compensation salary including benefits. Currently, 250 individuals work in the crisis system as it stands today, so there is an assumption that all financial costs reported in this section could initially be multiplied by 250 which will equal: 1) for certificates $225 and roughly take 1 hour and 10 minutes, and 2) it is unknown how long the review of each application will take so the salary costs cannot be added at this time. Training Costs: At this point the DHS/DSAMH is unable to give a fully accurate accounting for these costs, especially since the actual curriculum has not been developed. This rule will require 40 hours of training, but it is unclear how much the materials will cost, but DSAMH does provide similar training for another type of certification and those current materials costs are $2,000 per year. Un-estimable Portion of Remaining $466,975 is advertising costs. These costs have not been fully researched at this time, and there are no similar cost to the DHS/DSAMH to compare; therefore, these costs are un- estimable at this time. - LOCAL GOVERNMENTS: This rule will require local governments to adapt their crisis line program to upgrade to a statewide crisis line if they choose to have a certified crisis line. These costs will include setting up a dedicated phone line that meets the standards of this rule, staffing the crisis response system in a manner commensurate with the standards of this rule, and maintaining a crisis response program. Some of these costs are startup and onetime in nature, i.e. setup and development of the system, and others are ongoing i.e. maintaining the system in accordance with the standards set-forth in this rule. It is unknown which local governments will participate in this certification and the level of sophistication already existing within their current 24-hour crisis systems, so these costs are un-estimable at this time. This rule will require all local authorities to have certified crisis workers to man their crisis response system. It is anticipated that the local authorities will pick up all costs associated with the certification process. The potential costs to individuals who receive a Crisis Worker Certification, are both time and financial. Anticipated time costs include the amount of time it will take an individual to attend and participate in training which will be at least 40 for initial training and then at least 40 hours every 2 years after that, and the amount of time needed to complete, document, and report the 8 hours of CEUs to maintain certification. The anticipated financial costs include the costs of CEU courses, costs associated with certifying i.e. travel, food and salary while taking the training, and salaries paid to employees who are required to certify as crisis workers including the funds associated with the loss of 40 billable hours. The DHS/DSAMH has been unable to estimate these costs because there are too many variables such as distance traveled, the need for overnight stays, and per diem rates offered by each local authority. - SMALL BUSINESSES: It is anticipated that no small businesses will participate in the certification or development of a crisis line as described in this rule. This rule mostly affects local governments, employees of local governments, and possibly businesses contracted with local governments to provide substance use and/or mental health treatment services (none of which are small businesses at this time). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is anticipated that these cost will be picked up by the local authorities in the state, and since this rule pertains to local governments only, there is no reason to believe that other persons will be affected by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are compliance cost associated this new rule to local governments, if these entities choose to create a crisis program with a mental health crisis phone line and response program. These cost are not estimable, but depending on the sophistication of each entity's current crisis response programs, these cost will include: setting up a dedicated phone line that meets the standards of this rule, staffing the crisis response system in a manner commensurate with the standards of this rule, and maintaining a crisis response program. Some of these costs are startup and onetime in nature, i.e. setup and development of the system, and others are ongoing i.e. maintaining the system in accordance with the standards set-forth in this rule. Also, costs associated with manning their crisis response system with Certified Crisis Works. These costs include productivity, certification reimbursements, and loss of billable hours by employees engaged in the certification process. None of these costs are estimable because there are too many variables such as distance traveled, the need for overnight stays, and per diem rates offered by each local authority and the number of billable hours that will be lost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43213.htm No. 43214 (New Rule): R523-18. Mobile Crisis Outreach Teams Certification Standards. SUMMARY OF THE RULE OR CHANGE: This new rule includes: a) definitions for uncommon/industry specific terms used in this rule; b) general provisions and philosophical principles are established and defined; c) minimum standards of care are established and defined for all MCOTs seeking State Certification; d) minimum personnel configuration and certification process are established; e) oversight activities by the Division of Substance Abuse and Mental Health (DSAMH) are established and defined; and f) a revocation of certification and agency recourse are established. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Human Services (DHS)/DSAMH was allocated $2,595,000 to administer this program that includes: the expansion of mental health crisis services i.e. contracting for statewide crisis response teams through five providers, hiring a program administrator, and any additional administrative cost. Contracting for a Central Emergency Mental Health Crisis Line: DHS/DSAMH will be contracting with the five Local Mental Health Authorities to develop a statewide system of crisis response teams that will provide the direct services needed to maintain a comprehensive Mental Health Crisis Management System. Each contracted team will be compensated $500,000 per annum. This cost includes development of the crisis response teams, maintenance of fidelity to the MCOT model that has been adopted as the service delivery model, and all overhead and administrative costs. Cost of Administrative Oversite: DHS/DSAMH has hired a Program Administrator I to oversee and coordinate efforts to develop a statewide crisis response system, and the salary for this position is a cost of $95,668 including benefits and fringe. - LOCAL GOVERNMENTS: The legislation that necessitates this rule added $2,500,000 to the DHS/DSMAH budget to fund five MCOTs that will be distributed throughout the state. These funds are to be awarded to county governments and their Local Mental Health Authorities to help offset the costs associated with the development and maintenance of these teams. Each awardee will receive $500,000, with a minimum of a 20% match in county funds; thus each county receiving a contract for MCOT services will be require to provide a minimum of $100,000 in matching funds based on the aforementioned requirement. Other costs associated with this rule are tied to the cost of having employees certify as crisis workers with DSAMH, which is a staffing requirement for these teams. These costs could include time, productivity, and financial components. Time cost include whatever accounting process is developed to track all crisis employees and the status of their certification. Productivity costs include the lost opportunities of providing services to a caseload for at least 40 hours every 2 years. Financial costs include per diem and salaries paid to employees who are required to certify as crisis workers and the billable hours that are not provided by an employee that is going through the Crisis Worker certification process. - SMALL BUSINESSES: It is anticipated that no small businesses will participate in the certification or development of a crisis line as described in this rule. This rule mostly affects local governments, employees of local governments, and possibly businesses contracted with local governments to provide substance use and/or mental health treatment services (none of which are small businesses at this time). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs in this rule associated with other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are compliance costs associated to local governments in this new rule. These costs are not imposed on any local governments that choose not to participate in developing a state certified MCOT. Some of these costs can be estimated, such as the $100,000 match required by statute, but others are not estimable, such as startup onetime cost i.e. setup and development of the MCOT, and cost associated with maintaining an eligible team of employees that are Certified Crisis Workers. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43214.htm INSURANCE TITLE AND ESCROW COMMISSION No. 43187 (Amendment): R592-10-5. Office Report. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to remove a requirement that title agencies must report to the Insurance Department (Department) a change in the manager of an office. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. This change removes a reporting requirement for a somewhat uncommon event, so the state will not save money on not processing manager changes. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments. This rule change only applies to interactions between the Department and its licensees. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. There is no cost to report to the Department changes in the manager of an office, so there will be no savings for not reporting them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons. There is no cost to report to the Department changes in the manager of an office, so there will be no savings for not reporting them. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. This change removes a reporting requirement, which does not create a cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43187.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 43181 (Amendment): R597-3. Judicial Performance Evaluations. SUMMARY OF THE RULE OR CHANGE: The changes in this rule include the exclusion of attorneys from an attorney pool that have been referred to the Office of Professional Conduct, clarifying the minimum performance standards, and further clarifying the public comment process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The changes in this rule address the exclusion of attorneys from an attorney pool that have been referred to the Office of Professional Conduct, clarifying the minimum performance standards, and further clarifying the public comment process. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments. The changes in this rule address the exclusion of attorneys from an attorney pool that have been referred to the Office of Professional Conduct, clarifying the minimum performance standards, and further clarifying the public comment process. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. The changes in this rule address the exclusion of attorneys from an attorney pool that have been referred to the Office of Professional Conduct, clarifying the minimum performance standards, and further clarifying the public comment process. - 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 changes in this rule address the exclusion of attorneys from an attorney pool that have been referred to the Office of Professional Conduct, clarifying the minimum performance standards, and further clarifying the public comment process. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for affected persons. The changes in this rule address the exclusion of attorneys from an attorney pool that have been referred to the Office of Professional Conduct, clarifying the minimum performance standards, and further clarifying the public comment process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts that this rule may have on businesses. The changes in this rule address the exclusion of attorneys from an attorney pool that have been referred to the Office of Professional Conduct, clarifying the minimum performance standards, and further clarifying the public comment process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim by phone at 801-538-1652, or by Internet E-mail at jyim@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43181.htm TAX COMMISSION AUDITING No. 43199 (Amendment): R865-9I-2. Determination of Utah Resident Individual Status Pursuant to Utah Code Ann. Sections 59-10-103 and 59- 10-136. SUMMARY OF THE RULE OR CHANGE: The proposed amendment eliminates special residency language applying only to military servicepersons that is already governed under federal law. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Current administration is already in accordance with federal law and will remain unchanged. - LOCAL GOVERNMENTS: None--Current administration is already in accordance with federal law and will remain unchanged. - SMALL BUSINESSES: None--Current administration is already in accordance with federal law and will remain unchanged. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Current administration is already in accordance with federal law and will remain unchanged. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment eliminates unnecessary language that is already addressed and applied under controlling federal law. The amendment will not result in additional compliance costs for affected persons because it does not change current administration. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment will not result in additional compliance costs or have any other fiscal impact on affected persons. The amendment does not change current administration. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43199.htm No. 43198 (Amendment): R865-19S-32. Leases and Rentals Pursuant to Utah Code Ann. Section 59-12-103. SUMMARY OF THE RULE OR CHANGE: The proposed amendment eliminates language requiring all amounts received or charged in connection with the lease or rental of tangible personal property to be included in the computation of sales and use tax on the transactions. The statutory definition of "purchase price" or "sales price" in Section 59-12-102 provides definitive guidance. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This amendment does not change current administration. - LOCAL GOVERNMENTS: None--This amendment does not change current administration. - SMALL BUSINESSES: None--This amendment does not change current administration. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This amendment does not change current administration. COMPLIANCE COSTS FOR AFFECTED PERSONS: The eliminated language was duplicative of language existing in Utah Code. This amendment does not change current administration or present any increased impact to affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendment does not present any increased fiscal impact to affected persons. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43198.htm PROPERTY TAX No. 43200 (Amendment): R884-24P-33. 2018 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301. SUMMARY OF THE RULE OR CHANGE: Section 59-2-107 authorizes the State Tax Commission to promulgate rules that define classes of items considered to be personal property and provide valuation percent good schedules to value locally assessed personal property. County assessors must use the percent good schedules as contained in this rule. Any deviation which affects an entire class or type of personal property requires a written report documenting the schedule change to be submitted to the Tax Commission for approval prior to use. Class 7, Medical and Dental Equipment, and Class 8, Machinery and Equipment, have identical depreciation schedules. In an effort to simplify the classifications and reduce confusion, these two classes are being combined for 2019. All items formerly classified as Class 7 are moved to Class 8, and Class 7 is stricken from the administrative rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amount of savings or cost to state government is not affected by this rule. Tax revenue generated by taxing personal property is distributed to local governments to finance public services, programs, school districts and local districts. No tax revenues generated by taxation of personal property will be retained by state government. - LOCAL GOVERNMENTS: The amount of saving or cost to local governments is undetermined. Local governmental entities receive tax revenue based on increased or decreased personal property values and the change in the annual property tax rate. Increases or decreases in 2019 property tax revenue cannot be determined, even if there were no changes in the percent good tables, because taxpayer acquisitions and deletions of personal property during 2019 are unknown. The proposed personal property schedules in this amendment are raised, lowered or remain the same for 2019 based upon the type and age of the personal property assessed. Schedules used to value business personal property increase or decrease based upon the calculation of economic trends from cost indexes published by the Marshall Valuation Service. It is anticipated that the change in the annual property tax rate will have a larger impact on revenue than will the proposed amendments to this rule. - SMALL BUSINESSES: In the aggregate, the amount of savings or cost to small business is undetermined. Affected persons pay property taxes based on increased or decreased personal property values and the change in the annual property tax rate. The proposed personal property schedules in this rule are raised, lowered or remain the same for 2019 based upon the type and age of the property. Since some schedules are increased and some decreased, it is not possible to determine the change to affected persons without knowing the 2019 personal property mix compared to the previous year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In the aggregate, the amount of savings or cost to other persons is undetermined. Affected persons pay property taxes based on increased or decreased personal property values and the change in the annual property tax rate. The proposed personal property schedules in this rule are raised, lowered, or remain the same for 2019 based upon the type and age of the property. Since some schedules are increased and some decreased, it is not possible to determine the change to affected persons without knowing the 2019 personal property mix compared to the previous year. COMPLIANCE COSTS FOR AFFECTED PERSONS: Local business owners and property tax practitioners will once again be required to be aware of new percent good figures. This is an annual occurrence; therefore, the compliance cost in completing the assessment process will not change. The change in taxes charged for these businesses depends entirely on the owner's mix of personal property since some percent good schedules are increasing and others decreasing. For example, the owner of a business may discard some personal property items and add new equipment or replace equipment which may increase or decrease personal property values. In addition, the personal property percent good schedule percentages often change from the previous year due to current economic conditions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact on businesses is undetermined. Some personal property schedules are raised, some are lowered, and some remain the same. Without knowing the 2019 personal property mix compared to the previous year, it is not possible to determine the impact on affected businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/31/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - THIS RULE MAY BECOME EFFECTIVE ON: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43200.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE CORPORATIONS AND COMMERCIAL CODE No. 43184 (5-year Review): R154-100. Utah Administrative Procedures Act Rules. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As long as it is required or authorized by statute, the Division of Corporations and Commercial Code will continue to renew this rule enabling adjudicative proceedings to be conducted on an informal basis. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jason Sterzer by phone at 801-530-6403, or by Internet E-mail at jsterzer@utah.gov EFFECTIVE: 09/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43184.htm CORRECTIONS ADMINISTRATION No. 43186 (5-year Review): R251-103. Undercover Roles of Offenders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to define Department policies and requirements outlining the use of offenders in undercover roles. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gehrke by phone at 801-545-5617, or by Internet E-mail at sgehrke@utah.gov EFFECTIVE: 09/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43186.htm EDUCATION ADMINISTRATION No. 43194 (5-year Review): R277-412. State Capitol Visit Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In the 2018 General Session, the Legislature took the appropriation given to the Board for Capitol field trips and moved the line item of funding over to the Capitol Preservation Board. However, the statute governing the field trip program, Section 53F-2-509, was inadvertently left in the Utah Code without amendments reassigning the program to the Capitol Preservation Board. Rule R277-412 is the rule created by the Board to govern the funding for the field trips and is required by Section 53F-2-509. This rule is also up for its five-year review continuation. Although, Utah State Board of Education (USBE) no longer has the funding for the field trips within its budget, the Utah Code still requires a rule as if it did. So, to be compliant with the statute, USBE staff proposes the Board continue this rule in its current form with the intent to repeal or amend the rule as soon as the statute governing the field trips can be moved to the Capitol Preservation Board. 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: 09/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43194.htm No. 43195 (5-year Review): R277-527. International Guest Teachers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-527 is due for its five-year review and continuation by no later than 10/08/2018. This rule is necessary. Therefore, this rule should be continued. Rule R277-527 is also amended to provide technical, conforming, and stylistic changes in accordance with the Rule writing Manual for Utah and Board policies. (EDITOR'S NOTE: The proposed amendment to Rule R277-527 is under Filing No. 43201 in this issue, October 1, 2018, of the Bulletin.) 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: 09/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43195.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 43205 (5-year Review): R398-3. Children's Hearing Aid Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section 26-10-11 implemented the hearing aid pilot program in 2013 and then in 2015 the pilot program was converted to a program. The statute for the program is still in effect. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov EFFECTIVE: 09/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43205.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43204 (5-year Review): R414-511. Medicaid Accountable Care Organization Incentives to Appropriately Use Emergency Room Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it provides definitions and incentives, which set forth performance measures for Medicaid accountable care organizations to appropriately use emergency room services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carrie Stoker by phone at 801-538-6357, or by Internet E-mail at clstoker@utah.gov - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 09/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181001/43204.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. ATTORNEY GENERAL ADMINISTRATION No. 43075 (AMD): R105-2.Records Access and Management Published: 08/01/2018 Effective: 09/07/2018 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43092 (AMD): R156-9.Funeral Service Licensing Act Rule Published: 08/01/2018 Effective: 09/10/2018 REAL ESTATE No. 43011 (AMD): R162-2g.Real Estate Appraiser Licensing and Certification Administrative Rules Published: 07/15/2018 Effective: 09/04/2018 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43081 (AMD): R315-15-16.Grants Published: 08/01/2018 Effective: 09/14/2018 No. 43079 (AMD): R315-260.Hazardous Waste Management System Published: 08/01/2018 Effective: 09/14/2018 No. 43080 (AMD): R315-261.General Requirements -- Identification and Listing of Hazardous Waste Published: 08/01/2018 Effective: 09/14/2018 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43076 (R&R): R392-301.Recreational Vehicle Park Sanitation Published: 08/01/2018 Effective: 09/10/2018 No. 43014 (R&R): R392-501.Labor Camp Sanitation Published: 07/15/2018 Effective: 09/10/2018 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43036 (REP): R414-55.Medicaid Policy for Hospital Emergency Department Copayment Procedures Published: 07/15/2018 Effective: 09/04/2018 TAX COMMISSION ADMINISTRATION No. 42823 (AMD): R861-1A-31.Declaratory Orders Pursuant to Utah Code Ann. Section 63G-4-503 Published: 05/15/2018 Effective: 09/10/2018 UTECH BOARD OF TRUSTEES ADMINISTRATION No. 43093 (NEW): R945-1.UTech Scholarship Published: 08/01/2018 Effective: 09/07/2018 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 43086 (AMD): R986-700-779.Educational Improvement Opportunities Outside of the Regular School Day Grant Program Published: 08/01/2018 Effective: 09/07/2018 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/ . <> ----------------------------