---------------------------- Utah State Digest, Vol. 2018, No. 21 (November 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed October 2, 2018, 12:00 AM through October 15, 2018, 11:59 PM Volume 2018, No. 21 November 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 *********************************************** 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 October 2, 2018, 12:00 a.m., and October 15, 2018, 11:59 p.m. are summarized in this, the November 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the November 1, 2018, issue of the Utah State Bulletin until at least December 3, 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 March 1, 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. ADMINISTRATIVE SERVICES RISK MANAGEMENT No. 43235 (Amendment): R37-4. Adjusted Utah Governmental Immunity Act Limitations on Judgments. SUMMARY OF THE RULE OR CHANGE: These amendments will increase the limitations of judgments against governmental entities or employees as follows: a) the per person limit for personal injury will increase from $717,100 to $745,200; b) the aggregate per occurrence limit will increase from $2,455,900 to $2,552,000; and c) the per occurrence property damage limit will increase from $286,900 to $295,000. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amended rule will increase financial exposure to the State Risk Fund which insures all state agencies, public institutions of higher education, school districts, and many of the charter schools. That increased exposure will be reflected in the form of higher payments to plaintiffs for significant liability claims and will likely have the effect of increased liability premiums to be appropriated from the general fund; however, because the impact will be based upon the nature and severity of future claims, it is impossible to project the anticipated costs of these revisions to the state budget. - LOCAL GOVERNMENTS: This revised rule will increase financial exposure to all political subdivisions of the state. That increased exposure will be reflected in the form of higher payments to plaintiffs for significant liability claims and will likely have the effect of increased liability premiums; however, because the impact will be based upon the nature and severity of future claims, it is impossible to project the anticipated costs of these revisions to local governments. - SMALL BUSINESSES: This amended rule will impact small business owners that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty because it is based upon the nature and severity of future claims. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amended rule will impact persons that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty because it is based upon the nature and severity of future claims. As indicated in the state budget and local government responses above, all governmental entities within the state of Utah are subject to these judgment limit increases, irrespective of their size. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs will only be experienced by governmental entities in the state of Utah and will only be experienced if they or their employees cause injury or damage to third parties. It is impossible to project compliance costs for all affected governmental entities because they will be based upon the nature and severity of future claims. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Tani Downing has reviewed and approved the above fiscal impact analysis on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Nelson by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at benelson@utah.gov - Darin Dennis by phone at 801-538-9572, or by Internet E-mail at darindennis@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43235.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43249 (Amendment): R156-15. Health Facility Administrator Act Rule. SUMMARY OF THE RULE OR CHANGE: In Sections R156-15-102 and R156-15-302d, these proposed amendments: 1) make minor formatting changes for clarity; and 2) update the rule regarding examination requirements to conform to changes made by the National Association of Long Term Care Administrator Boards to its National Nursing Home Administrator Line of Service Examination Program (NHA) exam, which included separating that exam into a two-part component exam. In Section R156-15-302a, these proposed amendments give applicants for licensure as a health facility administrator an additional option for meeting application requirements, by accepting the "Health Services Executive" (HSE) credential now offered by the National Association of Long Term Care Administrator Boards in lieu of completion of an approved AIT preceptorship. In Section R156-15- 303, as allowed by Subsection 58-1-308(5)(a)(ii)(B), these proposed amendments will allow former Utah licensees whose licenses expired while active and in good standing, easier re-entry into practice by extending their reinstatement period from two years to five years. If these former licensees meet continuing education and certain other requirements, they may apply for reinstatement instead of being required to submit a new application for licensure complete with all supporting documents, as is required of an individual making an initial application for license and demonstrating they meet all current qualifications for licensure. In Section R156-15-308, these proposed amendments give applicants for licensure by endorsement additional options for meeting application requirements, by allowing them to meet one of the following additional experiences or education requirements: 1) have three years of experience; 2) have two consecutive years of employment at the same facility; or 3) hold the "Health Services Executive" (HSE) credential now offered by the National Association of Long Term Care Administrator Boards. In Section R156-15-309, these proposed amendments make nonsubstantive formatting changes for clarity, and also: 1) increase the 10-hour maximum continuing professional education (CPE) credit allowed for distance learning courses to a 20-hour maximum; and 2) allow licensees CPE credit for volunteer service on committees or in leadership roles in organizations for the development and improvement of the profession, up to a maximum of 10 CPE hours. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: In Section R156-15-102 and Section R156-15-302d, these proposed amendments are not expected to impact state government revenue or expenditures because they only clarify existing licensure requirements in accordance with current industry standards and practices. In Sections R156-15-302a, R156-15-303, and R156-15-308, none of these proposed amendments are expected to impact state government revenues or expenditures because they simply allow various applicants for licensure additional options for meeting application requirements, and these options will not affect the Division of Occupational and Professional Licensing's (Division) existing licensing procedures or processes. Additionally, any additional increase in staff workload that may be caused by additional applications and additional individuals becoming licensed will be balanced by the additional revenue generated by those applications, and absorbed within the Division's existing budget. In Section R156-15-309, these proposed amendments are not expected to impact state government revenues or expenditures because they only increase the accepted types of CPE credit for health facility administrator licensees, and will not affect the Division's licensing or CPE audit procedures. 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 the proposed amendments are made effective. - LOCAL GOVERNMENTS: None of these proposed amendments are expected to have any impact on local governments' revenues or expenditures because they only clarify and add options to licensing and CPE requirements for individuals licensed as health facility administrators, and there are no known local governmental entities acting as businesses in this industry who might be impacted through employment of these licensees. - SMALL BUSINESSES: In Sections R156-15-102, R156-15-302d, and R156-15- 309, these proposed amendments are not expected to have any impact on small businesses revenues or expenditures because they merely clarify existing licensure requirements in accordance with current industry standards and practices, and apply only to individuals licensed as health facility administrators, or who are applying for licensure as health facility administrators. In Sections R156-15-302a, R156-15-303, and R156-15-308, these proposed amendments are expected to indirectly benefit small businesses that employ licensed health facility administrators, due to an increase in licensure of qualified applicants and a corresponding increase in both new and experienced licensees available for employment. In addition to being able to more easily hire new employees, these businesses also may be able to transfer existing employees from another state to a Utah location. The Division currently processes on average approximately 40 new applications for licensure each year, and there are an estimated 80 small business facilities offering skilled nursing or similar services in Utah who employ licensed health facility administrators, such as nursing care facilities (including skilled nursing facilities, retirement homes or rest homes with nursing care, and group homes for the disabled or aged with nursing care) (NAICS 623110), and general or specialty hospitals and centers (NAICS 622110, 622310). However, the full fiscal and non-fiscal benefits to these small businesses cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed health facility administrators, especially administrators with years of experience in their profession, will vary substantially depending on the requirements of each small business and on the individual characteristics and unique choices of each individual licensee. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In Section R156-15-102 and Section R156-15-302d, these proposed amendments only clarify existing licensure requirements, so none of these proposed changes are expected to impact other persons. In Sections R156- 15-302a and R156-15-308, because these proposed amendments allow qualified applicants for licensure as a health facility administrator additional options for meeting the application requirements, they are expected to benefit these applicants by increasing their ability to become licensed and enter into practice. However, the full fiscal impact to such applicants cannot be estimated because the data regarding the qualifications of applicants is unavailable. Additionally, it cannot be determined how many of these applicants will choose to take advantage of these new options -- such as, for example, how many might decide to pursue an HSE credential from NAB instead of completing an AIT preceptorship. In Section R156-15-303, these proposed amendments will allow easier re-entry into practice for Utah health facility administrators whose license expired while active and in good standing. There are currently 41 licensees whose licenses have expired in this manner. These amendments will benefit these and future experienced health facility administrators who choose to re-enter into practice. However, the full fiscal and non-fiscal benefits to these persons cannot be estimated because any resulting employment will vary substantially depending on the choices and characteristics of each individual person. In Section R156-15-309, because these proposed amendments increase the types of CPE credit available to licensees, the Division estimates that they will cause a fiscal benefit to these persons. First, allowing an additional 10 hours of real-time, interactive distance learning to fulfill CPE requirements will save some licensees the cost of traveling to a central location to obtain their required CPE hours. This will be especially beneficial to licensees in remote, rural locations. However, the full impact of the savings is inestimable because it cannot be determined how many of these licensees will take advantage of distance learning, and because any benefits actually received will vary substantially from licensee to licensee depending on their location and individual choices. Similarly, although the Division estimates a resulting fiscal benefit to licensees who donate hours of their time in service on committees or in leadership roles and receive a corresponding savings on the cost of CPE courses they would have otherwise been required to purchase to obtain those credit hours, the full impact to these other persons is inestimable because the credit hours and corresponding savings will vary widely depending on the number of hours each licensee chooses to serve, if any, and the types of CPE courses that they choose. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are not expected to impose any additional compliance cost on any affected person because these amendments only clarify existing requirements for licensure, or are expected to result in positive fiscal impacts. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In Sections R156-15-102 and R156-15-302d, these proposed amendments: 1) make minor formatting changes for clarity; and 2) update the rule regarding examination requirements to conform to changes made by the National Association of Long Term Care Administrator Boards to its NHA exam, which included separating that exam into a two-part component exam. In Section R156-15-302a, these proposed amendments give applicants for licensure as a health facility administrator an additional option for meeting application requirements, by accepting the HSE credential now offered by the National Association of Long Term Care Administrator Boards in lieu of completion of an approved AIT preceptorship. In Section R156-15-303, as allowed by Subsection 58-1-308(5)(a)(ii)(B), these proposed amendments will allow former Utah licensees, whose licenses expired while active and in good standing, easier re-entry into practice by extending their reinstatement period from two years to five years. In Section R156-15-308, these proposed amendments give applicants for licensure by endorsement additional options for meeting application requirements by allowing them to meet one of the following additional experiences or education requirements: 1) have three years of experience; 2) have two consecutive years of employment at the same facility; or 3) hold the HSE credential now offered by the National Association of Long Term Care Administrator Boards. In Section R156-15- 309, these proposed amendments make nonsubstantive formatting changes for clarity, and also: 1) increase the 10-hour maximum CPE credit allowed for distance learning courses to a 20-hour maximum; and 2) allow licensees CPE credit for volunteer service on committees or in leadership roles in organizations for the development and improvement of the profession, up to a maximum of 10 CPE hours. In Sections R156-15-102, R156-15-302d, and R156-15-309, these proposed amendments are not expected to have any impact on small businesses or non-small businesses revenues or expenditures because they merely clarify existing licensure requirements in accordance with current industry standards and practices, and apply only to individuals licensed as health facility administrators or who are applying for licensure as health facility administrators. In Sections R156-15-302a, R156-15-303, and R156-15-308, these proposed amendments are expected to indirectly benefit small businesses and non- small businesses that employ licensed health facility administrators, due to an increase in licensure of qualified applicants and a corresponding increase in both new and experienced licensees available for employment. In addition to being able to more easily hire new employees, these businesses also may be able to transfer existing employees from another state to a Utah location. The Division currently processes on average approximately 40 new applications for licensure each year, and there are an estimated 80 small business facilities and an estimated 144 non-small business facilities offering skilled nursing or similar services in Utah who employ licensed health facility administrators, such as nursing care facilities (including skilled nursing facilities, retirement homes or rest homes with nursing care, and group homes for the disabled or aged with nursing care) (NAICS 623110), and general or specialty hospitals and centers (NAICS 622110, 622310). However, the full fiscal and non-fiscal benefits to these businesses cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed health facility administrators, especially administrators with years of experience in their profession, will vary substantially depending on the requirements of each business and on the individual characteristics and unique choices of each individual licensee. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/07/2018 10:00 AM, Heber Wells Bldg, 160 E 300 S, Hearing Room 250 (second floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43249.htm No. 43250 (Amendment): R156-20a-302a. Qualifications for Licensure - Education Requirements. SUMMARY OF THE RULE OR CHANGE: These proposed substantive amendments are as follows: in former Subsection R156-20a-302a(2) (now new Subsection R156-20a-302a(1)(b) and new Subsection R156-20a-302a(3)), these proposed amendments will allow applicants seeking licensure as an environmental health scientist or environmental health scientist-in-training to satisfy certain education requirements through greater consideration of additional coursework by the Division Of Occupational and Professional Licensing in collaboration with the Board. New Subsection R156-20a- 302a(2), to comply with S.B. 15 (2018), these proposed amendments identify additional options for foreign credential evaluations for an applicant seeking licensure as an environmental health scientist or environmental health scientist-in-training. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division currently processes, on average, approximately 15 new applications for licensure under this rule each year, and the Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data is not available, but any increase will indirectly affect those who employ licensed environmental health scientists or environmental health scientists-in-training. This will include certain government entities because the majority of these licensees are employed by state agencies or various counties in the state of Utah. These state employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, these employers may be able to transfer existing employees from another state to a Utah location. However, the full fiscal and non-fiscal benefits to the state budget cannot be estimated because the benefits obtained from being able to more easily hire qualified employees will vary substantially depending on the requirements of each employer, and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because the proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will no impact on state agencies from those changes over and above that included in the fiscal note for S.B. 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html. Lastly, none of these proposed amendments will otherwise impact state government revenues or expenditures because they merely allow applicants additional options for meeting requirements, and will not affect the Division's existing licensing procedures or processes. Also, any increase in staff workload that may be caused by additional applications and individuals becoming licensed will be balanced by additional revenue and absorbed within the Division's existing budget. 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: The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data is not available, but any increase will indirectly affect those who employ licensed environmental health scientists or environmental health scientists-in-training. This will include certain local government entities because the majority of these licensees are employed by Utah agencies or various counties in the state of Utah. Local government employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, these employers may be able to transfer existing employees from another state to a Utah location. However, the full fiscal and non-fiscal benefits to local governments cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed employees will vary substantially depending on the requirements of each employer and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on local governmentd from those changes over and above that included in the fiscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html. - SMALL BUSINESSES: The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data ais not available, but any increase will indirectly affect the estimated 16 small businesses (NAICS 923120, 926140) who employ licensed environmental health scientists or environmental health scientists-in-training. Small business employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, employers may be able to transfer existing employees from another state to a Utah location. The full fiscal and non-fiscal benefits cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed employees will vary substantially depending on the requirements of each employer, and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on small businesses from those changes over and above that included in the fiscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Division currently processes, on average, approximately 15 new applications for licensure under this rule each year, and the Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data is not available, but any increase will benefit those applicants who are able to become licensed and become employed in their field. The full fiscal and non-fiscal benefits to these persons cannot be estimated because the benefits obtained will vary substantially depending on the requirements of each employer, and on the individual characteristics and unique choices of each individual licensee. Further, because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on other persons from those changes over and above that included in the fiscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Division estimates that there will be no compliance costs for any affected persons from these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed substantive amendments are as follows: in the former Subsection R156-20a-302a(2) (now new Subsection R156-20a- 302a(1)(b) and new Subsection R156-20a-302a(3)), these proposed amendments will allow applicants seeking licensure as an environmental health scientist or environmental health scientist-in-training to satisfy certain education requirements through greater consideration of additional coursework by the Division in collaboration with the Board. New Subsection R156-20a-302a(2), to comply with S.B. 15 (2018), these proposed amendments identify additional options for foreign credential evaluations for an applicant seeking licensure as an environmental health scientist or environmental health scientist-in-training. The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data is not available, but any increase will indirectly affect the estimated 16 small businesses (NAICS 923120, 926140) who employ licensed environmental health scientists or environmental health scientists-in-training. Small business employers will benefit due to a corresponding increase in both new and experienced licensees available for employment. Also, in addition to being able to more easily hire new employees, employers may be able to transfer existing employees from another state to a Utah location. The full fiscal and non-fiscal benefits cannot be estimated because the benefits obtained from being able to more easily hire qualified licensed employees will vary substantially depending on the requirements of each employer and on the individual characteristics and unique choices of each individual applicant and licensee. Further, because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on small businesses from those changes over and above that included in the fiscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html. The Division estimates that these proposed amendments will lead to an increase in licensure of qualified applicants. This estimated increase cannot be quantified as the data are not available, but any increase will indirectly affect the single non-small business (NAICS 923120, 926140) who employs licensed environmental health scientists or environmental health scientists-in-training. Because these proposed amendments regarding foreign credentialing only conform this rule to practices already required by S.B. 15 (2018), there will be no impact on non-small business from those changes over and above that included in the iscal note for S.B 15 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0015.html. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allyson Pettley by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/07/2018 09:00 AM, Heber Wells Bldg, 160 E 300 S, Hearing Room 250 (second floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43250.htm No. 43251 (Amendment): R156-78B. Prelitigation Panel Review Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-78B-6, these proposed amendments make nonsubstantive formatting changes for clarity. In Section R156-78B-16a, these proposed amendments clarify that an affidavit of merit must identify by name each respondent included in the affidavit. In Section R156-78B-16b, these proposed amendments require a claimant (or claimant's attorney) who signs an affidavit of merit to: 1) identify by name each respondent included in the affidavit; and 2) certify that if the affiant files an action in court against a respondent, the affiant will notify the Division of that action within 60 days of the filing as required by Section R156-78B-17. In Section R156-78B-16c, these proposed amendments: 1) require a health care provider who signs an affidavit of merit to describe the affiant's license class and professional specialty; and 2) clarify that the affidavit of merit must identify by name each respondent included in the affidavit and describe the health care provider's opinion for the named respondent. In Section R156-78B-16d, these proposed amendments remove certain references to Title 58 licensing, to conform this rule to Subsection 78B-4-423(4) as amended by S.B. 223 (2018). In Section R156-78B-16e, these proposed amendments make nonsubstantive formatting changes for clarity. Section R156-78B-17 is a new section that requires a claimant who files an action in court against a respondent to give the Division written notice of that action within 60 days of filing. The notice must identify the date of filing, the court, and the name of the respondent. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No impact to the state is expected from these proposed changes, beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once the changes are made effective. The proposed new Section R156-78B-17 requiring a claimant to notify the Division of the filing of a court action, and the amendment to Section R156-78B-16c requiring an affiant health care provider to state license class and professional specialty, are based on the mandates of S.B. 223 (2018) and therefore, the Division estimates that there should be no impact from these changes over and above that already included in the fiscal note for S.B. 223 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0223.html. The remainder of these proposed changes only update this rule and clarify current requirements, and so are not expected to impact state government revenues or expenditures. - LOCAL GOVERNMENTS: No impact to local governments is expected from these proposed changes. The proposed new Section R156-78B-17 requiring a claimant to notify the Division of the filing of a court action, and the amendment to Section R156-78B-16c requiring an affiant health care provider to state license class and professional specialty, are based on the mandates of S.B. 223 (2018) and therefore, the Division estimates that there should be no impact from these changes over and above that already included in the fiscal note for S.B. 223 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0223.html. The remainder of these proposed changes only update this rule and clarify current requirements, and so are not expected to impact local government revenues or expenditures. - SMALL BUSINESSES: No direct or indirect impact to small businesses is expected from these proposed changes. There are approximately 9,421 small businesses in Utah's health care industry that could be affected if they or their owners are hired to provide an affidavit of merit in prelitigation proceedings. (Broadly, this 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, these changes will not affect the price or quantity of any exchanges involving these small businesses, as they only clarify existing requirements or carry out the mandates of S.B. 223 (2018) and will have no impact over and above that already included in the fiscal note for S.B. 223 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0223.html. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No impact on other persons is expected from these proposed changes. These changes may affect claimants and health care providers who prepare affidavits of merit for prelitigation proceedings, as the changes clarify that claimants and health care providers must identify respondents by name, and require providers to state their license class and professional specialty. The proposed new Section R156-78B-17 requiring claimants to notify the Division of a court action will affect claimants who file an action against a respondent after completing prelitigation proceedings. However, because these proposed changes only clarify existing requirements or carry out the mandates of S.B. 223 (2018), the Division estimates that these changes will have no impact on other persons over and above that already included in the fiscal note for S.B. 223 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0223.html. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs for affected persons is expected from these proposed changes. These changes may affect a claimant or a health care provider who prepares an affidavit of merit for prelitigation proceedings, as these changes clarify that claimants and health care providers must identify respondents by name, and require providers to state their license class and professional specialty. The proposed new Section R156-78B-17 requiring claimants to notify the Division of a court action will affect a claimant who files an action against a respondent after completing prelitigation proceedings. However, because these proposed changes only clarify existing requirements or carry out the mandates of S.B. 223 (2018), the Division estimates that these changes will have no compliance costs for any of these affected persons over and above that already included in the fiscal note for S.B. 223 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0223.html. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In Section R156-78B-6 and Section R156-78B-16e, these proposed amendments make nonsubstantive formatting changes for clarity. In Section R156-78B-16a, these proposed amendments clarify that an affidavit of merit must identify by name each respondent included in the affidavit. In Section R156-78B-16b, these proposed amendments require a claimant (or claimant's attorney) who signs an affidavit of merit to: 1) identify by name each respondent included in the affidavit; and 2) certify that if the affiant files an action in court against a respondent, the affiant will notify the Division of that action within 60 days of the filing as required by Section R156-78B-17. In Section R156- 78B-16c, these proposed amendments: 1) require a health care provider who signs an affidavit of merit to describe the affiant's license class and professional specialty; and 2) clarify that the affidavit of merit must identify by name each respondent included in the affidavit and describe the health care provider's opinion for the named respondent. In Section R156-78B-16d, these proposed amendments remove certain references to Title 58 licensing, to conform this rule to Subsection 78B-4-423(4) as amended by S.B. 223 (2018). The new Section R156-78B-17 requires a claimant who files an action in court against a respondent to give the Division written notice of that action within 60 days of filing. The notice must identify the date of filing, the court, and the name of the respondent. No direct or indirect impact to small businesses is expected from these proposed changes. There are approximately 9,421 small businesses in Utah's health care industry that could be affected if they or their owners are hired to provide an affidavit of merit in prelitigation proceedings. Broadly, this could include most small businesses categorized under NAICS 62. However, these changes will not affect the price or quantity of any exchanges involving small businesses, as they only clarify existing requirements or carry out the mandates of S.B. 223 (2018) and will have no impact over and above that already included in the fiscal note for S.B. 223 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0223.html. No direct or indirect impact to non-small businesses is expected from these proposed changes. There are approximately 488 non-small businesses in Utah's health care industry that could be affected if they or their owners are hired to provide an affidavit of merit in prelitigation proceedings. However, these changes will not affect the price or quantity of any exchanges involving these non-small businesses, as they only clarify existing requirements or carry out the mandates of S.B. 223 (2018) and will have no impact over and above that already included in the fiscal note for S.B. 223 (2018), available online at https://le.utah.gov/~2018/bills/static/SB0223.html. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Adele Bancroft-Eklund by phone at 801-530-6990, by FAX at 801-530-6511, or by Internet E-mail at abancroft@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/07/2018 09:30 AM, Heber Wells Bldg, 160 E 300 S, Hearing Room 250 (second floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43251.htm EDUCATION ADMINISTRATION No. 43273 (New Rule): R277-301. Educator Licensing. SUMMARY OF THE RULE OR CHANGE: R277-301 provides the foundation for implementation of the three-tier licensing structure required by H.B. 46, Educator Licensing Modifications, passed in the 2018 General Session. This rule has a delayed implementation of January 1, 2020 and will not go into full effect until the 2020-2021 school year. This rule creates the Professional, Associate, and LEA-Specific educator licenses. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any fiscal impact on state government revenues or expenditures because it provides a new licensing structure for educators. Current educators are also required to be licensed. This rule creates the foundation for implementation of the three-tier licensing structure adopted by the Utah State Board of Education (Board) and passed by the Utah legislature in 2018. This rule has a delayed implementation of January 1, 2020 and would not go into full effect until the 2020-2021 school year. Funding for this was provided to the Board in the 2018 session. - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local government revenues or expenditures because it provides a new licensing structure for educators. Current educators are also required to be licensed. This rule creates the foundation for implementation of the three-tier licensing structure adopted by the Utah State Board of Education (Board) and passed by the Utah legislature in 2018. This rule has a delayed implementation of January 1, 2020 and would not go into full effect until the 2020-2021 school year. Funding for this was provided to the Board in the 2018 session. - SMALL BUSINESSES: This rule is not expected to have any fiscal impact on small business revenues or expenditures because it provides a new licensing structure for educators. Current educators are also required to be licensed. This rule creates the foundation for implementation of the three-tier licensing structure adopted by the Utah State Board of Education (Board) and passed by the Utah legislature in 2018. This rule has a delayed implementation of January 1, 2020 and would not go into full effect until the 2020-2021 school year. Funding for this was provided to the Board in the 2018 session. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule 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 a new licensing structure for educators. Current educators are also required to be licensed. This rule creates the foundation for implementation of the three-tier licensing structure adopted by the Board and passed by the Utah legislature in 2018. This rule has a delayed implementation of January 1, 2020 and would not go into full effect until the 2020-2021 school year. Funding for this was provided to the Board in the 2018 session, this funding paid for teacher licensure background checks, thus saving individual teachers around $150 each time they renew their license. COMPLIANCE COSTS FOR AFFECTED PERSONS: In 2017, the Legislature appropriated money to the Board to cover the licensing fees for educators. 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 large businesses with a NAICS code 611110). This rule has no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43273.htm No. 43274 (New Rule): R277-303. Educator Preparation Programs. SUMMARY OF THE RULE OR CHANGE: R277-303, Educator Preparation Programs, is intended to govern the general aspects of educator preparation programs under the three-tier licensing structure adopted by the Utah State Board of Education (Board) and passed by the Utah legislature in the 2018 General Session. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any fiscal impact on state government revenues or expenditures because it is an updated version of Rule R277-503. This rule governs the general aspects of educator preparation programs under the three-tier licensing structure adopted by the Board and passed by the Utah legislature in the 2018 General Session. The Board and Utah System of Higher Education (USHE) are working together on this venture. - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local governments revenues or expenditures because it is an updated version of Rule R277-503. This rule governs the general aspects of educator preparation programs under the three-tier licensing structure adopted by the Board and passed by the Utah legislature in the 2018 General Session. The Board and USHE are working together on this venture. - SMALL BUSINESSES: This rule is not expected to have any fiscal impact on small businesses revenues or expenditures because it is an updated version of Rule R277-503. This rule governs the general aspects of educator preparation programs under the three-tier licensing structure adopted by the Board and passed by the Utah legislature in the 2018 General Session. The Board and USHE are working together on this venture. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it is an updated version of Rule R277- 503. This rule governs the general aspects of educator preparation programs under the three-tier licensing structure adopted by the Board and passed by the Utah legislature in the 2018 General Session. The Board and USHE are working together on this venture. 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 large businesses with a NAICS code 611110). This rule has no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43274.htm No. 43272 (Amendment): R277-444. Distribution of Money to Arts and Science Organizations. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to update existing language to match the current practices of the program and to allow for more time appropriate deadlines within the program. These amendments include clarifying "distance experiences" or "telecommuting typed experiences", as well as repealing language related to sections of the program that are no longer being utilized. 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 this rule is being amended to reflect the request of staff to update existing language to match the current practices of the program, and to allow for more time appropriate deadlines within the program. These amendments include clarifying "distance experiences" or "telecommuting typed experiences", as well as repealing language related to sections of the program that are no longer being utilized. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because this rule is being amended to reflect the request of staff to update existing language to match the current practices of the program, and to allow for more time appropriate deadlines within the program. These amendments include clarifying "distance experiences" or "telecommuting typed experiences", as well as repealing language related to sections of the program that are no longer being utilized. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses revenues or expenditures because this rule is being amended to reflect the request of staff to update existing language to match the current practices of the program, and to allow for more time appropriate deadlines within the program. These amendments include clarifying "distance experiences" or "telecommuting typed experiences", as well as repealing language related to sections of the program that are no longer being utilized. - 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 this rule is being amended to reflect the request of staff to update existing language to match the current practices of the program, and to allow for more time appropriate deadlines within the program. These amendments include clarifying "distance experiences" or "telecommuting typed experiences", as well as repealing language related to sections of the program that are no longer being utilized. 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 large businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43272.htm No. 43266 (Amendment): R277-477. Distributions of Funds from the Trust Earnings Account and Administration of the School LAND Trust Program. SUMMARY OF THE RULE OR CHANGE: These rule changes update code and rule references, and make language clarifications. 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. The language modifications are needed as a result of H.B. 404, Land Trust Protection and Advocacy Act, that passed in the 2018 Legislative Session. Included in these changes are updates to code and rule references, and language clarifications. These changes are organization and clarification modifications only. - 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. The language modifications are needed as a result of H.B. 404, Land Trust Protection and Advocacy Act, that passed in the 2018 Legislative Session. Included in these changes are updates to code and rule references, and language clarifications. These changes are organization and clarification modifications only. - 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. The language modifications are needed as a result of H.B. 404, Land Trust Protection and Advocacy Act, that passed in the 2018 Legislative Session. Included in these changes are updates to code and rule references, and language clarifications. These changes are organization and clarification modifications only. - 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 because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The language modifications are needed as a result of H.B. 404, Land Trust Protection and Advocacy Act, that passed in the 2018 Legislative Session. Included in these changes are updates to code and rule references, and language clarifications. These changes are organization and clarification modifications only. 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 large businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43266.htm No. 43267 (Amendment): R277-487. Public School Data Confidentiality and Disclosure. SUMMARY OF THE RULE OR CHANGE: New definitions were added to rule R277- 487 per recommendations from the Utah Student Data Privacy Advisory Groups. Changes also include a new Section 4, Retention of Student Data, and formatting updates. 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. Modifications to this rule reflect legislative updates, and/or recommendations from Student Data Privacy Advisory Groups regarding existing student privacy and security regulations. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. Modifications to this rule reflect legislative updates, and/or recommendations from Student Data Privacy Advisory Groups regarding existing student privacy and security regulations. - 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. Modifications to this rule reflect legislative updates, and/or recommendations from Student Data Privacy Advisory Groups regarding existing student privacy and security regulations. - 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. Modifications to this rule reflect legislative updates, and/or recommendations from Student Data Privacy Advisory Groups regarding existing student privacy and security regulations. 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 large businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43267.htm No. 43271 (Amendment): R277-488. Critical Languages and Dual Language Immersion Program. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 from the 2018 General Session, including the required proficiency assessment and program evaluation. This amendment also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. 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 this rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 (2018), including the required proficiency assessment and program evaluation. These amendments also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. Funding was provided for the required proficiency assessment to the Utah State Board of Education (Board) that covers statewide implementation. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because this rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 (2018), including the required proficiency assessment and program evaluation. These amendments also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. Funding was provided for the required proficiency assessment to the Board that covers statewide implementation. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on on small businesses' revenues or expenditures because this rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 (2018), including the required proficiency assessment and program evaluation. These amendments also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. Funding was provided for the required proficiency assessment to the Board that covers statewide implementation. - 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 this rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 (2018), including the required proficiency assessment and program evaluation. These amendments also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. Funding was provided for the required proficiency assessment to the Board that covers statewide implementation. 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 large businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43271.htm No. 43268 (Amendment): R277-491. School Community Councils. SUMMARY OF THE RULE OR CHANGE: These changes to R277-477 update code and rule references, and make language clarifications. 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. The language modifications are needed as a result of H.B. 404, Land Trust Protection and Advocacy Act, that passed in the 2018 Legislative Session. Included in these changes are updates to code and rule references, and language clarifications. These changes are organization and clarification modifications only. - 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. The language modifications are needed as a result of H.B. 404, Land Trust Protection and Advocacy Act, that passed in the 2018 Legislative Session. Included in these changes are updates to code and rule references, and language clarifications. These changes are organization and clarification modifications only. - 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. The language modifications are needed as a result of H.B. 404, Land Trust Protection and Advocacy Act, that passed in the 2018 Legislative Session. Included in these changes are updates to code and rule references, and language clarifications. These changes are organization and clarification modifications only. - 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 because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The language modifications are needed as a result of H.B. 404, Land Trust Protection and Advocacy Act, that passed in the 2018 Legislative Session. Included in these changes are updates to code and rule references, and language clarifications. These changes are organization and clarification modifications only. 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 large businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43268.htm No. 43278 (Amendment): R277-496. K-3 Reading Software Licenses. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 passed during the 2018 General Session requires the Utah State Board of Education (Board) to make rules that describe the strategies a local education agency (LEA) will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading Program. 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. This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 (2018) requires the Board to make rules that describe the strategies an LEA will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading 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. This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 (2018) requires the Board to make rules that describe the strategies an LEA will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading 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. This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 (2018) requires the Board to make rules that describe the strategies an LEA will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading program. - 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. This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 (2018) requires the Board to make rules that describe the strategies an LEA will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading program. 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 large businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43278.htm No. 43276 (Amendment): R277-620. Suicide Prevention Programs. SUMMARY OF THE RULE OR CHANGE: R277-620 is due for its five-year review and continuation. R277-620 is also amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Utah State Board of Education (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. This rule is being updated to reflect the updated current programmatic standards to guide statewide suicide prevention standards. - 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. This rule is being updated to reflect the updated current programmatic standards to guide statewide suicide prevention standards. - 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. This rule is being updated to reflect the updated current programmatic standards to guide statewide suicide prevention standards. - 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. This rule is being updated to reflect the updated current programmatic standards to guide statewide suicide prevention standards. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected person. 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 large businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on large 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 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43276.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 43253 (Amendment): R313-28-31. General and Administrative Requirements. SUMMARY OF THE RULE OR CHANGE: Subsection R315-28-31(a) is being added to this rule. The subsection clarifies that x-ray equipment purchased for use in Utah shall be FDA approved for use in the United States and shall be certified and identified in accordance with 21 CFR 1010.2 and 1010.3. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state due to this amendment because this amendment does not add any new requirements or remove any existing requirements. X-ray equipment manufactured and sold for use in the United States is already required by the federal FDA to be certified and identified as approved for use in the United States. This amendment simply places this requirement in state rules. - LOCAL GOVERNMENTS: There will be no cost or savings to local governments due to this amendment because this amendment does not add any new requirements or remove any existing requirements. X-ray equipment manufactured and sold for use in the United States is already required by the federal FDA to be certified and identified as approved for use in the United States. This amendment simply places this requirement in state rules. - SMALL BUSINESSES: There will be no cost or savings to small businesses due to this amendment because this amendment does not add any new requirements or remove any existing requirements. X-ray equipment manufactured and sold for use in the United States is already required by the federal FDA to be certified and identified as approved for use in the United States. This amendment simply places this requirement in state rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings to persons other than small businesses, businesses or local government entities due to this amendment because this amendment does not add any new requirements or remove any existing requirements. X-ray equipment manufactured and sold for use in the United States is already required by the federal FDA to be certified and identified as approved for use in the United States. This amendment simply places this requirement in state rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should be no additional compliance costs for affected persons because federal rule already requires x-ray equipment manufactured and sold for use in the United States to meet FDA requirements. Anyone who has purchased equipment that does not meet these requirements is already in violation of federal rules and should not have purchased the equipment. When an inspector finds this type of equipment in use the facility is informed that they cannot use the equipment and must purchase equipment that meets the requirements. It is unknown how many persons may have purchased equipment that does not meet the requirements so the potential additional cost of compliance is inestimable. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that adoption of this rule amendment will have any fiscal impact on businesses because they should already be in compliance with federal rules. This amendment simply reinforces the fact that the federal rule applies in Utah and provides x-ray inspectors with a Utah rule to cite when they encounter facilities with equipment that does not meet the requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43253.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43252 (Amendment): R315-273. Standards for Universal Waste Management. SUMMARY OF THE RULE OR CHANGE: Antifreeze was added to this rule in 2016. Since that time, the Division of Waste Management and Radiation Control (Division) has learned that propylene glycol is frequently used as a substitute for ethylene glycol in low toxicity, environmentally friendly automotive antifreeze. The Division is aware that auto repair and maintenance shops do not discriminate between ethylene glycol and propylene glycol when flushing radiators so both chemicals are mixed together in collection containers prior to being recycled or disposed. In order to continue to encourage the recycling of waste antifreeze and avoid any potential compliance issues at facilities where the two chemicals are mixed together, the Division is adding propylene glycol to the definition of antifreeze at Subsection R315-273-9(c). Language found in Sections R315-273-10 and R315-273-30 that exempts generators from having to register their lamp crushers is being deleted from this rule. No justification can be found for this exemption and a recent review of this rule determined that this exemption does not meet the intent of this rule which is to have all lamp crushers registered. Subsections R315- 273-13(d)(3)(i) and R315-273-33(d)(3)(i) require the accumulation container used with a drum top lamp crusher to be designed specifically for crushing lamps. No such container exists. Instead, drum top lamp crushers are designed to be attached to open top 55-gallon drums. Therefore, the language is being changed to state that the handler should use an accumulation container specified by the manufacturer of the lamp crusher. Language found in Subsections R315-273-13(d)(3)(iii) and R315- 273-33(d)(3)(iii) specifying that a lamp crusher shall have a bag filter followed by a HEPA filter and an activated carbon filter is being changed to state that this configuration is the minimum requirement. Many lamp crushers have more filters than the three specified in this rule and the Division does not want to exclude handlers from using lamp crushers with more than three filters. The term “Waste-antifreeze” is being deleted from Subsections R315-273-14(f) and R315-272-34(f) to allow facilities managing waste antifreeze to use this term to label containers of waste antifreeze that is not being managed as a hazardous waste or as a universal waste. A typographical error is being fixed at Subsection R315-273-6(a) where the subsections were numbered (1), (2), and (4). The 4 is being changed to a 3. Typographical errors at Subsections R315-273- 14(f) and R315-273-34(f) where there are extra spaces in the terms “Universal Waste-antifreeze”. The extra spaces are being deleted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not affect the state budget because only one state agency operates a registered drum top lamp crusher and no state agencies are exempt from having to register a drum top lamp crusher. It is not anticipated that the changes made by these amendments will increase or decrease the cost of operating the one registered drum top lamp crusher. Any state agencies that may be recycling waste antifreeze can continue to do so with the added benefit of being able to legally recycle waste antifreeze containing propylene glycol along with ethylene glycol. - LOCAL GOVERNMENTS: These rule changes will not affect local governments because no local governments operate a registered or exempt drum top lamp crusher. Any local governments that may be recycling waste antifreeze can continue to do so with the added benefit of being able to legally recycle waste antifreeze containing propylene glycol along with ethylene glycol. - SMALL BUSINESSES: It is not anticipated that these rule changes will add any additional cost of doing business to small businesses nor will there be any savings. The changes for drum top lamp crushers are being made because the Division conducted inspections of businesses that are operating drum top lamp crushers and determined that this rule did not reflect how drum top lamp crushers are designed and operated. These rule changes are being made so that this rule reflects the design and operation of this equipment. The Division is not aware of any small businesses that have been operating a drum top lamp crusher under the exemption from registration that is being removed from this rule. There are approximately 1,758 businesses in Utah that perform automobile repair and maintenance. It is not known how many of these are small businesses and how many flush radiators or collect waste antifreeze from other repair or maintenance processes. As stated previously, auto repair and maintenance shops do not discriminate between ethylene glycol and propylene glycol when flushing radiators so both chemicals are mixed together in collection containers prior to being recycled or disposed. Small businesses that are currently recycling waste antifreeze without discriminating between the two chemicals antifreeze will not see any additional cost or savings from the addition of propylene glycol to the definition of antifreeze. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that these rule changes will add any additional cost of doing business to persons other than small businesses, businesses, or local governments nor will there be any savings. The changes for drum top lamp crushers are being made because the Division conducted inspections of businesses that are operating drum top lamp crushers and determined that this rule did not reflect how drum top lamp crushers are designed and operated. These rule changes are being made so that this rule reflects the design and operation of this equipment. The Division is not aware of any persons that are operating a drum top lamp crusher under the exemption from registration that is being removed from this rule. There are approximately 1,758 businesses in Utah that perform automobile repair and maintenance. It is not known how many of these are persons other than small businesses or businesses and how many flush radiators or collect waste antifreeze from other repair or maintenance processes. As stated previously, auto repair and maintenance shops do not discriminate between ethylene glycol and propylene glycol when flushing radiators so both chemicals are mixed together in collection containers prior to being recycled or disposed. Persons other than small businesses or businesses that are currently recycling waste antifreeze without discriminating between the two chemicals antifreeze will not see any additional cost or savings from the addition of propylene glycol to the definition of antifreeze. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will be no additional compliance costs for affected persons associated with these rule amendments because they do not add any additional compliance costs that do not already exist. The Division is not aware of any persons that are operating drum top lamp crushers under the exemption from registration that is being removed from this rule therefore, the Division does not anticipate that there will be any additional compliance costs associated with these changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Since this rule requiring the registering of drum top lamp crushers was adopted in 2016, the Division has registered only one drum top lamp crusher. Several applications for registration have been received and many have been withdrawn during the review process. Several applications are still being reviewed. It is not anticipated that these rule changes for drum top lamp crushers will have any fiscal impact on any of the facilities operating drum top lamp crushers. It is not anticipated that these changes to the addition of proplylene glycol to the definition of antifreeze will have any fiscal impact on any of the businesses in Utah that collect and recycle waste antifreeze. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43252.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43257 (Amendment): R426-3. Licensure. SUMMARY OF THE RULE OR CHANGE: These amendments update language to be consistent with Title 26-8a by changing the term "licensed" to include individuals, and delete language for the licensure of air ambulance providers since a new rule (R426-10) is being concurrently submitted to address those requirements. These amendments also reflect an expectation of mutual aid support to adjoining EMS service areas for ground ambulance providers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they are for the changing of terminology and documentation for licensed ambulance providers. State expenditures and staff time are not affected. - LOCAL GOVERNMENTS: A possible fiscal benefit will result to all licensed ambulance service providers by removing the requirement for a written mutual aid agreement with adjoining geographical service areas as a condition of licensing or license renewal. - SMALL BUSINESSES: A possible fiscal benefit will result to the one small licensed ambulance service provider by removing the requirement for a written mutual aid agreement with adjoining geographical service areas as a condition of licensing or license renewal. - 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 governmental entities, because these amendments do not put any additional constraints on affected parties. These rule changes include updates to language, punctuation, references, formatting, and deletion of air ambulance language. A possible fiscal benefit might be due to amendments for aid agreements. These rule changes will simplify the licensing application, and clarify the intent of the aid agreement process. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule amendments are not expected to have any fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these rule amendments will not result in 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 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43257.htm No. 43258 (Amendment): R426-4. Operations. SUMMARY OF THE RULE OR CHANGE: These proposed rule changes update language to be consistent with Title 26-8a by changing the term "licensed" to include individuals, and delete language for the licensure of air ambulance providers since a new rule (R426-10, also published in the November 11, 2018 Bulletin) is being concurrently submitted to address those requirements. 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 terminology, and documentation for licensed ambulance providers. State expenditures and staff time are not affected. - LOCAL GOVERNMENTS: These proposed rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because these amendments do not put any additional constraints on affected parties. These rule changes include updates to language, punctuation, references, formatting, and deletion of air ambulance language. - SMALL BUSINESSES: These proposed rule changes are not expected to have any fiscal impact on the one small business that is a licensed ground ambulance provider because these amendments do not put any additional constraints on affected parties. These rule changes include updates to language, punctuation, references, formatting, and deletion of air ambulance language. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local governmental entities, because these amendments do not put any additional constraints on affected parties. These rule changes include updates to language, punctuation, references, formatting, and deletion of air ambulance language. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule changes are not expected to have any fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these rule amendments will not result in 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 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43258.htm No. 43259 (New Rule): R426-10. Air Ambulance Licensure and Operations. SUMMARY OF THE RULE OR CHANGE: This new rule will consolidate past air ambulance rules with a format and requirements based on model rules developed by the National Association of State EMS Officials. The requirements in this new rule have been vetted to regulatory federal agencies for compliance with federal regulations. This new rule also implements best practices of the air ambulance industry. The rule contains licensing and operational requirements previously contained in R426-3 and R46-4. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impact on state government revenues or expenditures because it will not increase regulatory requirements or increase staff workload. - LOCAL GOVERNMENTS: Local governments do not license air ambulance providers. They do not have any regulatory requirements or authority over air ambulance providers. - SMALL BUSINESSES: No small businesses are licensed to operate an air ambulance in Utah. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local governmental entities, because this rule does not put any additional constraints on them. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule is not expected to have any fiscal impact on affected 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: Businesses will experience a fiscal impact because of the requirements set out in this rule; however, the impact cannot be estimated since current licensed providers exceed the requirements set out in this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43259.htm DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 43256 (Amendment): R438-15. Newborn Screening. SUMMARY OF THE RULE OR CHANGE: Currently, R438-15-8 states that the second newborn screening shall be collected between 7 to 28 days of age. The Newborn Screening program proposed a change in the timing of collection of the second screen to 7 to 16 days of age. Data presented to the Newborn Screening Advisory Committee (NSAC) demonstrated the clinical importance of collecting a second screen sooner for certain disorders such as cystic fibrosis and congenital hypothyroidism. Shortening the collection window for the second newborn screen will help with meeting the goal for treatment by 21 days for these disorders. Additionally, this timeframe is in line with other 2-screen states that require second screens to be collected during an even shorter window (e.g. 8-14 days). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget because the collection time of the second screening does not have a fiscal impact on the state. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because the collection time of the second screening does not have a fiscal impact on local governments. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses because the collection time of the second screening does not have a fiscal impact on small businesses. Clinics/health care providers may have to change their current workflows to assure timely collection of the second screen. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to other persons because the collection time of the second screening does not have a fiscal impact on other persons. Clinics/health care providers may have to change their current workflows to assure timely collection of the second screen. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs for compliance because the collection time of the second screening does not have a fiscal impact on affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Although businesses may have to change their current workflow, it is anticipated that no cost is associated with this change and compliance should not be an issue. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 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 THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43256.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 43234 (Amendment): R501-8. Outdoor Youth Programs. SUMMARY OF THE RULE OR CHANGE: These amendments add a definition for "Outdoor Youth Program" and also adds two items under Section R501-8-4 for compliance purposes, Rule R501-1, General Provisions, and Rule R501- 14, Background Screenings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state will not see a fiscal impact from these amendments. These amendments add clarifications within administration and compliance for outdoor youth programs, both changes are not anticipated to result in a fiscal impact. - LOCAL GOVERNMENTS: Local governments will not be impacted by these amendments, as these amendments add clarifications regarding outdoor youth programs. - SMALL BUSINESSES: There are 11 licensed outdoor youth programs operating in Utah. This rule is being updated at the provider group's request in order to better align the definition of "Outdoor Youth Program" with industry standards and billing practices. This definition change is simply clarifying in nature and does not constitute a fiscal impact to any involved parties. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities are not anticipated to be impacted by these changes, as they are mainly clarifying in nature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs for any persons. As noted above, these changes are clarifying in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed amendments will not result in a fiscal impact to small or non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43234.htm No. 43237 (Amendment): R501-21. Outpatient Treatment Programs. SUMMARY OF THE RULE OR CHANGE: These changes improve the outline for a Licensed Mental Health Therapist that is required to complete domestic violence treatment evaluations for each offender to include individualized recommendations for the offender’s treatment. It also reduces the minimum of domestic violence treatment sessions from 12 to 4. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: It is not anticipated that there should be a fiscal impact to the state budget. This rule change is clarifying in nature, and only changes minor items in the domestic violence treatment process, primarily with LMHTs (Licensed Mental Health Therapist). - LOCAL GOVERNMENTS: This change is directly related to LMHTs and clarifying in nature and does not constitute a fiscal impact to any local governments. - SMALL BUSINESSES: There are 520 outpatient treatment programs operating in Utah. Of those, 102 indicate that they provide domestic violence treatment. These businesses will not experience a fiscal impact on revenues or expenditures associated with these proposed changes because the LMHT is already required by rule to be on staff as the clinician in these settings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that any other persons will be impacted by these rule changes. These changes are focused on LMHTs and the process for domestic violence treatment. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs should not affect any persons, these changes facilitate a stronger role for the LMHT who is already required by rule to be on staff as the clinician in these settings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed changes will not result in a fiscal impact to small or non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Weinman by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43237.htm LIEUTENANT GOVERNOR ELECTIONS No. 43275 (New Rule): R623-5. Municipal Alternate Voting Methods Pilot Project. SUMMARY OF THE RULE OR CHANGE: Requires counting judges to follow statute 20A-4-603. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impacts on state revenues or expenditures, because the rule requirements are instructional only. - LOCAL GOVERNMENTS: This proposed rule is not expected to have any fiscal impacts on local government revenues or expenditures, because the rule requirements are instructional only. - SMALL BUSINESSES: This proposed rule is not expected to have any fiscal impacts on small businesses revenues or expenditures, because the rule requirements are instructional only. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not expected to have any fiscal impacts on persons other than small businesses, businesses, or local government entities revenues or expenditures, because the rule requirements are instructional only. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule is not expected to have any fiscal impacts on any revenues or expenditures, because the rule requirements are instructional only. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule is not expected to have any fiscal impacts on any revenues or expenditures, because the rule requirements are instructional only. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Derek Brenchley by phone at 801-538-1041, or by Internet E-mail at dbrenchley@utah.gov - Jennifer Storie by phone at 801-538-1746, or by Internet E-mail at jenstorie@utah.gov - Justin Lee by phone at 801-538-1129, or by Internet E-mail at justinlee@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 11/12/2018 04:00 PM, Lt. Governor's Office THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43275.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43230 (Amendment): R657-13. Taking Fish and Crayfish. SUMMARY OF THE RULE OR CHANGE: This rule revision: 1) allows for the use of corn as bait; 2) eliminates the requirement of a reciprocal fishing permit when fishing at Lake Powell; 3) allows for the use of a color variant of fathead minnows to be identified as bait species; and 4) removes the license restriction to require those under 12 years of age to purchase a setline permit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: DWR has determined that these amendments will create a loss in revenue for DWR. Roughly 4,500 to 5,000 licenses are purchased each year to fish at Lake Powell the loss of these licenses will result in an average loss of $39,000 per year. In addition, 10 to 12 set line permits are purchased each year by anglers under 12 years of age. This change will result in a $220 to $280 loss each year. - LOCAL GOVERNMENTS: These amendments are not expected to have any impact on local governments' revenues or expenditures because the permit fees no longer being collected for reciprocal permits or setline permits purchased by those under 12 are state funds and not local funds. - SMALL BUSINESSES: These amendments are not expected to have any impact on small businesses' revenues or expenditures because the permit fees no longer being collected for reciprocal permits or setline permits purchased by those under 12 are state funds and do not directly affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments remove the requirement to purchase an additional permit to fish on Lake Powell, as well as an additional setline permit for those under 12 years of age, this will create an estimated $39,000 savings for anglers. Each angler would save between $5 and $75 dollars depending on the type of Utah Non-resident license they would have purchased. These amendments do not remove the requirement to have an Arizona license to fish Lake Powell. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments could create a savings impact to individuals who participate in fishing at Lake Powell or are anglers under 12 in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes 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 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43230.htm TAX COMMISSION AUDITING No. 43262 (Amendment): R865-19S-85. Sales and Use Tax Exemptions for Certain Purchases by a Manufacturing Facility Pursuant to Utah Code Ann. Section 59-12-104. SUMMARY OF THE RULE OR CHANGE: This proposed amendment adds "parts and materials" to the definition of "machinery and equipment" that qualifies for the manufacturing sales and use tax exemption. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed amendment is not expected to have any fiscal impact on state government revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - LOCAL GOVERNMENTS: This proposed amendment is not expected to have any fiscal impact on local governments' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - SMALL BUSINESSES: This proposed amendment is not expected to have any fiscal impact on small businesses' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed amendment is not expected to have a fiscal impact on the revenues or expenditures of other persons because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment adds “parts and materials” to definition of “machinery and equipment” that qualifies for the manufacturing sales and use tax exemption. This proposed amendment is not expected to impose any compliance costs on affected persons because any regulatory burdens would have been addressed in the fiscal note of 2018 SB 2001. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact this rule amendment may have on businesses would have been addressed in the fiscal note for S.B. 2001 (2018). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43262.htm No. 43263 (Amendment): R865-19S-121. Sales and Use Tax Exemptions for Certain Purchases by a Mining Facility Pursuant to Utah Code Ann. Section 59-12-104. SUMMARY OF THE RULE OR CHANGE: These proposed amendments eliminate reference to machinery and equipment having an economic life of three or more years, and clarify that "parts and materials" are treated the same as machinery and equipment for the purpose of the exemption from sales and use tax. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments are not expected to have any fiscal impact on state government revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - LOCAL GOVERNMENTS: These proposed amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - SMALL BUSINESSES: These proposed amendments are not expected to have any fiscal impact on small businesses revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are not expected to have any fiscal impact on the revenues or expenditures of other persons because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments eliminate reference to machinery and equipment having an economic life of three or more years, and clarify that "parts and materials" are treated the same as machinery and equipment for purposes of the exemption from sales and use tax. These proposed amendments are not expected to impose any compliance costs on affected persons because any regulatory burdens would have been addressed in the fiscal note for S.B. 2001 (2018). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact this rule may have on businesses would have been addressed in the fiscal note for S.B. 2001 (2018). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43263.htm No. 43264 (Amendment): R865-19S-122. Sales and Use Tax Exemptions for Certain Purchases by a Web Search Portal Establishment Pursuant to Utah Code Ann. Section 59-12-104. SUMMARY OF THE RULE OR CHANGE: These proposed amendment eliminate reference to machinery and equipment having an economic life of three or more years, and clarify that "parts and materials" are treated the same as machinery and equipment for purposes of the exemption from sales and use tax. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments are not expected to have any fiscal impact on state government revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - LOCAL GOVERNMENTS: These proposed amendments are not expected to have any fiscal impact on local governments revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - SMALL BUSINESSES: These proposed amendments are not expected to have any fiscal impact on small businesses revenues or expenditures because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are not expected to have any fiscal impact on the revenues or expenditures of other persons because any fiscal impact would have been addressed in the fiscal note for S.B. 2001 (2018). COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments eliminate reference to machinery and equipment having an economic life of three or more years, and clarify that "parts and materials" are treated the same as machinery and equipment for purposes of the exemption from sales and use tax. These proposed amendments are not expected to impose any compliance costs on affected persons because any regulatory burdens would have been addressed in the fiscal note for S.B. 2001 (2018). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact this rule may have on businesses would have been addressed in the fiscal note for S.B. 2001 (2018). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43264.htm PROPERTY TAX No. 43261 (Amendment): R884-24P-53. 2018 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2-515. SUMMARY OF THE RULE OR CHANGE: Section 59-2-515 authorizes the State Tax Commission to promulgate rules regarding the Property Tax Act, Part 5, Farmland Assessment Act. Section 59-2-514 authorizes the State Tax Commission to receive valuation recommendations from the State Farmland Advisory Committee for implementation as outlined in R884-24P-53. This rule sets the acreage value rates for 418 separate class-county combinations. This year it is proposed that one rate increase slightly, 356 rates decrease and 61 have no change. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amount of savings or cost to state government is undetermined. The State receives tax revenue for assessing and collecting and for the Education Fund based on increased or decreased real and personal property valuation, including property assessed under the Farmland Assessment Act (FAA). Property valuation (taxable value) changes have been recommended by class and by county. This year it is proposed that one rate increase slightly, 356 rates decrease and 61 have no change. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. However, it is estimated that the overall change is minimal due to these amendments. - LOCAL GOVERNMENTS: The amount of savings or cost to local governments is undetermined. Local governmental entities receive tax revenue based on increased or decreased property valuation, including property assessed under FAA. Property valuation changes have been recommended by class and by county. This year it is proposed that one rate increase slightly, 356 rates decrease and 61 have no change. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. However, it is estimated that the overall change is minimal due to these amendments. County assessors' offices statewide will be required to input the new value indicators into their computer systems to be applied against the acreage for individual properties. This input process is easily accomplished on an annual basis and represents no significant cost in time or money to the assessors' offices. - SMALL BUSINESSES: The amount of savings or cost to small businesses is undetermined. Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The effect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to these amendments are minimal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amount of savings or cost to other persons is undetermined. Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The effect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to these amendments are minimal. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance cost for affected persons ("person" means any individual, partnership, corporation, association, government entity, public or private organization of any character other than an agency): Each property owner with property eligible for assessment under FAA may see a change in value, depending on property class and situs county. The effect on the property owner will depend on the mix of property types and situs. No total cost or savings can be calculated without an exhaustive study of farmland acreage in each county by class and a listing of property newly qualifying or no longer qualifying for FAA in the coming year. In addition, the cost will be further altered by changes to local property tax rates. However, it is estimated that the overall change due to these amendments are minimal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes may affect property values that may result in a change of property tax amounts due. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43261.htm TRANSPORTATION MOTOR CARRIER No. 43254 (Amendment): R909-2. Utah Size and Weight Rule. SUMMARY OF THE RULE OR CHANGE: These amendments to Rule R909-2 adopt new provisions/definitions revised by the FAST Act (updated August 9, 2018) for Automobile Transporter, and Tillerman/Steerman. These amendments update the maximum length for a Stinger-steered automobile transporter, and commercial delivery of light and medium duty trailers. Axle weights increased from 10,000 to 11,000 pounds for four tires per axle. Division personnel may only transfer a permit up to two times per vehicle. Overweight Non-Divisible and Overweight Divisible load permits are legal at 14 feet 6 inches high. Tow trucks at 165 feet or more will require a pilot escort vehicle. Tow trucks must be properly registered to purchase annual, semi-annual, or single trip permits if they exceed legal weight limitations. Tow trucks that exceed 120 feet in length are required to display one sign on the rear most towed vehicle. Rule R909-2 includes several grammatical revisions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Transportation (Department) does not anticipate that these proposed rule changes will have any measurable affect on the state's budget because it does not change the amount of work required to regulate the affected industries. The Department is already mandated by state and federal law to regulate motor carrier industries. - LOCAL GOVERNMENTS: The Department estimates that local governments will not experience a fiscal impact related to these proposed amendments because this rule does not require anything of local governments. These proposed rule changes should not affect local governments in any way. - SMALL BUSINESSES: Savings: Allowing axle weights from 10,000 to 11,000 pounds with four tires per axle. The savings is inestimatable - one motor carrier moving six loads per day, can now carry 6,000 more pounds, reducing the number of loads for the same weight. This is a savings of trips, maintenance, and fuel. Low estimates could be a savings of thousands per company, and up to a savings of millions per year. Savings: Divisible load provisions/Night time restrictions/Travel provisions/Oversize Non-Divisible loads, Longer combination loads and Overweight Divisible loads have increased from 14 feet to 14 feet 6 inches. The savings is in-estimable. Savings: Tow truck proper registration and permitting will save a tow truck vehicle for being responsible for the permitting and registration requirements of the towed vehicle. The savings is in-estimatable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Savings: This amended rule will allow a tow truck to tow a disabled vehicle combination of a truck tractor, and two trailers in one move and not require a pilot escort until over 165 feet. There are about eight tow companies across the state that have vehicles equipped to tow this combination. The current rule requires that they transport the truck tractor, and one trailer, and then drop a trailer and move it separately. The cost for these types of tows now typically run about $3,500. This amended rule would allow the tow company to charge about $1,800 for the move, for the truck tractor and two trailers, and complete it in half the time. This is a savings of $1,700 per tow for an individual, partnership, corporation, etc., that has broken down. It is estimated that these types of tows could occur about two times per week, for an average of eight per month per company, for each of the eight tow companies that use large tow vehicles Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: Costs: Companies using the Motor Carrier online system will now be limited to transferring a permit two times during the duration of the permit. Rule R909-2 has been amended due to the abuse of privileges by companies repeatedly transferring permits, rather than purchase a permit for each vehicle. Costs are in- estimable as the costs of permits vary. Transfers are only allowed on semi-annual and annual permits. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed rule changes will likely have a positive fiscal impact on businesses in the affected industries. Whether these proposed changes will have a fiscal impact on all businesses is indeterminable. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43254.htm OPERATIONS, TRAFFIC AND SAFETY No. 43255 (Repeal and Reenact): R920-30. State Safety Oversight. SUMMARY OF THE RULE OR CHANGE: This proposed change to Rule R920-30 repeals the text of the existing rule and replaces it with new text. The text of the current rule is intended to adopt various different sections of 49 CFR Part 674 to establish the standards for State Safety Oversight required by the Federal Transit Administration. The text of the reenacted rule incorporates 49 CFR Part 674 by reference and includes specific provisions required by the Utah Legislature during the 2018 regular session in S.B. 136 sixth substitute to establish the standards for State Safety Oversight. The text of the reenacted rule R920-30 establishes the standard of the state of Utah oversight required to implement the provisions of 49 U.S.C. 5329(e), 49 U.S.C. 5330, and 49 CFR Part 674, Rail Fixed Guideway Systems, State Safety Oversight. It applies to the Utah Transit Authority (UTA), the large public transit district operating rail fixed guideway systems in the state of Utah. The Department of Transportation (Department) exercises jurisdiction over safety of equipment and operations of the UTA pursuant to Section 72-1- 214. In addition, pursuant to 49 CFR Part 674, the Department has authority to investigate any allegation of noncompliance with the Public Transportation Agency Safety Plan. Pursuant to 49 CFR Part 674, the Department is responsible for establishing minimum standards for rail safety practices and procedures to be used by the UTA. The Department's program standard is consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, and the rules for Public Transportation Agency Safety Plans. The Department also must oversee the execution of these practices and procedures to ensure compliance with the provisions of 49 CFR Part 674. This proposed amendment satisfies those requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department estimates that neither it nor the state will experience a fiscal impact related to this proposed amendment because it has been acting as the state safety oversight agency for rail fixed guideway public transportation safety for several years. - LOCAL GOVERNMENTS: The Department estimates this proposed amendment will not cause any fiscal impact to local governments in Utah. It applies to the Utah Transit Authority (UTA), which is the large public transit district operating rail fixed guideway systems in Utah and no other person or government. - SMALL BUSINESSES: The Department estimates this proposed amendment will not cause any fiscal impact to small businesses in Utah. It applies to the Utah Transit Authority (UTA), which is the large public transit district operating rail fixed guideway systems in Utah and no other person or government. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department estimates this proposed amendment will not cause any fiscal impact to persons other than businesses and local governments in Utah. It applies to the Utah Transit Authority (UTA), which is the large public transit district operating rail fixed guideway systems in Utah and no other person or government. COMPLIANCE COSTS FOR AFFECTED PERSONS: There may be compliance costs for the UTA, the only entity affected by this rule. However, those compliance costs are presently inestimable. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will not cause any fiscal impact to businesses in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43255.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends December 3, 2018. From the end of the 30-day waiting period through March 1, 2019, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. COMMERCE REAL ESTATE No. 43123 (Change in Proposed Rule): R162-2e-205. Division Service Fees - - AMC Registry Fee. SUMMARY OF THE RULE OR CHANGE: The AMC registry fee is a new federal fee established by the Appraisal Subcommittee which is collected by each state's AMC regulatory agency. In Utah, the regulatory agency is the Division. The Division will collect the AMC registry fee from AMCs and transmit the fees to the Appraisal Subcommittee. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the August 15, 2018, issue of the Utah State Bulletin, on page 10. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division has the staff and budget in place to administer this proposed amendment. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact, affect those resources, or result in any additional cost or savings to the state budget. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the Appraisal Management Company Registration and Regulation Rules. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to local governments. - SMALL BUSINESSES: The only small businesses that are AMCs registered in Utah or are operated as a subsidiary of a federally regulated financial institution are subject to payment of the AMC registry fee. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to small businesses, except for the affected AMCs. The compliance cost for AMCs affected by these proposed rule amendments are estimated under compliance costs for affected persons below. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Only AMCs registered in Utah or that operate in Utah as a subsidiary of a federally regulated financial institution are subject to payment of the AMC registry fee. After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities, except for the affected AMCs. The compliance cost for AMCs affected by these proposed rule amendments are estimated under compliance costs for affected persons below. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments provide for the collection and transmittal of the AMC registry fee. The AMC registry fee is a new federal requirement for AMCs registered in Utah or operating in Utah as a subsidiary of a federally regulated financial institution. The Division only collects the fee and transmits it to the Appraisal Subcommittee. After conducting a thorough analysis, it was determined that the AMC registry fee will result in a combined fiscal impact to affected AMCs of $80,000 per year. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of these proposed rule amendments are to provide notice and information to AMCs registered in Utah that the Division will be collecting and transmitting to the Appraisal Subcommittee the federal AMC registry fee. The AMC registry fee is a new federal fee established by the Appraisal Subcommittee which is collected by each state AMC regulatory agency. In Utah the regulatory agency is the Division. Only small businesses that are AMCs registered in Utah or are operated as a subsidiary of a federally regulated financial institution are subject to payment of the AMC registry fee. After conducting a thorough analysis, it was determined that the AMC registry fee will result in a combined fiscal impact to affected AMCs of $80,000 per year. There are an estimated 34 non-small businesses in the AMC industry (NAICS 531320) operating in Utah. These businesses account for an estimated 25% of the total number of AMC registry fees required to be paid to the Appraisal Subcommittee per year. The Appraisal Subcommittee has established the current amount of the fee to be $25 per appraiser who has performed an appraisal for the AMC in connection with a covered transaction during the previous year. It is estimated that the registry fee associated with this rule will be ongoing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Justin Barney by phone at 801-530-6603, or by Internet E-mail at justinbarney@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/10/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43123.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 42976 (Change in Proposed Rule): R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits. SUMMARY OF THE RULE OR CHANGE: This change in proposed rule amends the from 09/05/2018 to 01/02/2019. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the July 1, 2018, issue of the Utah State Bulletin, on page 34. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Annual stack testing requirements added to Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits, of the Utah State Implementation Plan will add a recurring annual cost increase of $50,000 to one state institution. - LOCAL GOVERNMENTS: There are no changes from the original rule proposal. - SMALL BUSINESSES: There are no changes from the original rule proposal. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated fiscal impact to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The costs associated with annual stack testing of nine point sources will result in a recurring annual cost totalling $465,000. Detailed descriptions of cost are listed in individual TSD reports for each source, found at: https://deq.utah.gov/legacy/pollutants/p/particulate-matter/pm25/serious- area-state-implementation-plans/control-strategies.htm. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The businesses listed in Part H will have to comply with the requirements of the SIP. The costs associated with Part H will mostly be made up of equipment modifications necessary to comply with the TSD BACT analysis. These costs will vary depending on the size of the source and what equipment is needed. The requirements in Part H need to be enforceable and meet the standard of BACT. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/30/2018 DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/03/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/42976.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. ADMINISTRATIVE SERVICES RISK MANAGEMENT No. 43236 (Emergency Rule): R37-4. Adjusted Utah Governmental Immunity Act Limitations on Judgments. SUMMARY OF THE RULE OR CHANGE: This amendment will maintain the increase the limitations of judgments against governmental entities or employees as follows: a) the per person limit for personal injury will increase from $717,100 to $745,200; b) the aggregate per occurrence limit will increase from $2,455,900 to $2,552,000; and c) the per occurrence property damage limit will increase from $286,900 to $295,000. (EDITOR'S NOTE: A corresponding proposed amendment is under Filing No. 43235 in this issue, November 1, 2018, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The emergency rule, created to comply with Section 63G-7- 605 and published in the June 15, 2018 Bulletin, will expire on 10/29/2018. This emergency rule is needed to retain the limitation of judgment revisions until the filed permanent rule amendments can be rendered effective. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amended rule will increase financial exposure to the State Risk Fund which insures all state agencies, public institutions of higher education, school districts, and many of the charter schools. That increased exposure will be reflected in the form of higher payments to plaintiffs for significant liability claims and will likely have the effect of increased liability premiums to be appropriated from the general fund; however, because the impact will be based upon the nature and severity of future claims, it is impossible to project the anticipated costs of these revisions to the state budget. - LOCAL GOVERNMENTS: This amended rule will increase financial exposure to all political subdivisions of the state. That increased exposure will be reflected in the form of higher payments to plaintiffs for significant liability claims and will likely have the effect of increased liability premiums; however, because the impact will be based upon the nature and severity of future claims, it is impossible to project the anticipated costs of these revisions to local government. - SMALL BUSINESSES: This amended rule will impact small business owners that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty because it is based upon the nature and severity of future claims. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amended rule will impact persons that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty because it is based upon the nature and severity of future claims. As indicated in the state budget and local government responses above, all governmental entities within the state of Utah are subject to these judgment limit increases, irrespective of their size. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs will only be experienced by governmental entities in the state of Utah and will only be experienced if they or their employees cause injury or damage to third parties. It is impossible to project compliance costs for all affected governmental entities because they will be based upon the nature and severity of future claims. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Tani Downing has reviewed and approved the above fiscal impact analysis on businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Brian Nelson by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at benelson@utah.gov - Darin Dennis by phone at 801-538-9572, or by Internet E-mail at darindennis@utah.gov EFFECTIVE: 10/29/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43236.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43247 (5-year Review): R156-42a. Occupational Therapy Practice Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 42a, with respect to occupational therapists and occupational therapy assistants. This rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements, and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov EFFECTIVE: 10/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43247.htm EDUCATION ADMINISTRATION No. 43240 (5-year Review): R277-437. Student Enrollment Options. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it directs the Board to provide a formula, by rule, for resident students to attend school districts under Section 53G-6-401. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 10/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43240.htm No. 43239 (5-year Review): R277-620. Suicide Prevention Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides collaboration with the Department of Health and Department of Human Services to establish, oversee, and provide model policies and programs for an LEA, and training for parents, about youth suicide prevention programs. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 10/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43239.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 43238 (5-year Review): R307-361. Architectural Coatings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-361 is needed to establish BACT controls in architectural coatings emitting VOCs, which are precursors to the formation of PM2.5. Rule R307-361 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 10/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43238.htm FINANCIAL INSTITUTIONS ADMINISTRATION No. 43248 (5-year Review): R331-25. Rule Governing Debt Cancellation and Debt Suspension Agreements Issued by Depository Institutions, Who Are Under the Jurisdiction of the Department of Financial Institutions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule regulates depository institutions authorized to issue a debt cancellation or a debt suspension agreement. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at pallred@utah.gov EFFECTIVE: 10/11/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43248.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43242 (5-year Review): R426-1. General Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The definitions are critical for the terms used in the rest of the R426 rule series. The Utah Department of Transportation has considered the opposing comments and is in the process of re-amending the opposed definition. 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 EFFECTIVE: 10/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43242.htm No. 43243 (5-year Review): R426-2. Emergency Medical Services Provider Designations for Pre-Hospital Providers, Critical Incident Stress Management and Quality Assurance Reviews. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: These designations are critical for immediate patient care, the emotional well-being of first responders, and the quality assurance process to improve patient care. The Utah Department of Health has considered past opposing comments and is in the process of re-amending the opposed language. 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 EFFECTIVE: 10/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43243.htm No. 43244 (5-year Review): R426-3. Licensure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The licensure of paramedic services, and all ambulance types, is critical for immediate patient care and patient transport in an efficient system. The Utah Department of Health (UDOH) has considered past opposing comments and replaced disputed language with an emergency rule. UDOH is in the process of re-amending the opposed language. 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 EFFECTIVE: 10/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43244.htm No. 43245 (5-year Review): R426-4. Operations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides a standardized approach for best practices to all licensed and designated EMS providers. No comments have been received in opposition to this rule. 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 EFFECTIVE: 10/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43245.htm No. 43246 (5-year Review): R426-9. Trauma and EMS System Facility Designations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides a standardized approach for best practices for patient destinations. No comments have been received in opposition to this rule. 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 EFFECTIVE: 10/09/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43246.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 43269 (5-year Review): R512-41. Qualifying Adoptive Families and Adoption Placement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division to continue to qualify adoptive parent(s) and placements. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 10/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43269.htm No. 43270 (5-year Review): R512-75. Rules Governing Adjudication of Consumer Complaints. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division to continue to provide for the prompt and equitable resolution of consumer complaints. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 10/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43270.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43231 (5-year Review): R657-61. Valuation of Real Property Interests for Purposes of Acquisition or Disposal. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-61 defines the process by which the value of real property is determined for purposes of acquisition or disposal by the Division of Wildlife Resources. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 10/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43231.htm No. 43232 (5-year Review): R657-66. Military Installation Permit Program. 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 establish the standards and procedures for providing hunting opportunity on military installations to military installation personnel and to members of the public. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 10/04/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43232.htm TECHNOLOGY SERVICES ADMINISTRATION No. 43228 (5-year Review): R895-4. Sub-Domain Naming Conventions for Executive Branch Agencies. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statute still requires this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephanie Weteling by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stephanie@utah.gov EFFECTIVE: 10/03/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43228.htm No. 43229 (5-year Review): R895-6. IT Plan Submission Rule for Agencies. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: State agencies are required by statute to submit IT plans for review and approval by the Chief Information Officer's (CIO) office. This rule provides the format and content requirements for IT Plan submission. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Stephanie Weteling by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stephanie@utah.gov EFFECTIVE: 10/03/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43229.htm TRANSPORTATION OPERATIONS, MAINTENANCE No. 43241 (5-year Review): R918-4. Using Volunteer Groups and Third-Party Contractors for the Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Adopt-a-Highway and Sponsor-a-Highway Litter Pickup Programs remain active, are popular with the public, and help save taxpayers money. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 10/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181101/43241.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. COMMERCE ADMINISTRATION No. 43148 (AMD): R151-4.Department of Commerce Administrative Procedures Act Rule Published: 09/01/2018 Effective: 10/11/2018 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43150 (AMD): R156-47b-102.Definitions Published: 09/01/2018 Effective: 10/11/2018 No. 43137 (AMD): R156-67.Utah Medical Practice Act Rule Published: 09/01/2018 Effective: 10/09/2018 No. 43142 (AMD): R156-68.Utah Osteopathic Medical Practice Act Rule Published: 09/01/2018 Effective: 10/09/2018 ENVIRONMENTAL QUALITY ADMINISTRATION No. 42781 (CPR): R305-7.Administrative Procedures Published: 09/01/2018 Effective: 11/01/2018 No. 42781 (AMD): R305-7.Administrative Procedures Published: 05/01/2018 Effective: 11/01/2018 GOVERNOR ECONOMIC DEVELOPMENT No. 43152 (NEW): R357-22.Rural Employment Expansion Program Rule Published: 09/01/2018 Effective: 10/11/2018 No. 43149 (NEW): R357-23.Business Expansion and Retention Initiative Rule Published: 09/01/2018 Effective: 10/11/2018 HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING No. 43107 (REP): R430-1.General Licensing, Certificate, and Enforcement Provisions, Child Care Facilities Published: 08/15/2018 Effective: 10/15/2018 No. 43106 (REP): R430-6.Background Screening Published: 08/15/2018 Effective: 10/15/2018 LABOR COMMISSION OCCUPATIONAL SAFETY AND HEALTH No. 43121 (AMD): R614-1-4.Incorporation of Federal Standards Published: 08/15/2018 Effective: 10/15/2018 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/ . <> ----------------------------