---------------------------- Utah State Digest, Vol. 2018, No. 23 (December 1, 2018) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed November 2, 2018, 12:00 AM through November 15, 2018, 11:59 PM Volume 2018, No. 23 December 1, 2018 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Long-Acting Reversible Contraceptives - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/sn160831.htm 1115 Primary Care Network Waiver Amendment - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/sn160837.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Governor's Proclamation Calling the Sixty-Second Legislature Into the Twelfth Extraordinary Session - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2018/ExecDoc160800.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between November 2, 2018, 12:00 a.m., and November 15, 2018, 11:59 p.m. are summarized in this, the December 1, 2018, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the December 1, 2018, issue of the Utah State Bulletin until at least January 2, 2019 (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 31, 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. EDUCATION ADMINISTRATION No. 43397 (Amendment): R277-437. Student Enrollment Options. SUMMARY OF THE RULE OR CHANGE: R277-437 is being changed to update the rule's references to special education students and to update recommended formatting and technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any additional 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 clarifies the open enrollment standards for all students and the calculation and payment provisions of for students that are split enrolled between local education agencies (LEAs). The payment provisions between LEAs for split enrollment is a practice that exists already. - LOCAL GOVERNMENTS: These rule changes are not expected to have any additional 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 clarifies the open enrollment standards for all students and the calculation and payment provisions of for students that are split enrolled between LEAs. The payment provisions between LEAs for split enrollment is a practice that exists already. - SMALL BUSINESSES: These rule changes are not expected to have any additional 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 clarifies the open enrollment standards for all students and the calculation and payment provisions of for students that are split enrolled between LEAs. The payment provisions between LEAs for split enrollment is a practice that exists already. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any additional 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 clarifies the open enrollment standards for all students and the calculation and payment provisions of for students that are split enrolled between LEAs. The payment provisions between LEAs for split enrollment is a practice that exists already. 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43397.htm No. 43374 (Repeal): R277-470. Charter Schools - General Provisions. SUMMARY OF THE RULE OR CHANGE: H.B. 313 directed the Board to make rules to carry out the legislative changes in relation to oversight of charter schools and their authorizers. New Rule R277-554, which governs specific programs operated by the State Charter School Board, includes language from repealed rule R277-470. (Editor's note: Rule R277-554 appears under file number 43395 in this issue of the Utah State Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This repeal is not expected to have any fiscal impact on state budget revenues or expenditures as this rule is being eliminated and moved to a new rule. - LOCAL GOVERNMENTS: This repeal is not expected to have any fiscal impact on local governments' revenues or expenditures as this rule is being eliminated and moved to a new rule. - SMALL BUSINESSES: This repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures as this rule is being eliminated and moved to a new rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This repeal is not expected to have any fiscal impact on persons' other than small businesses, businesses, or local government entities revenues or expenditures as this rule is being eliminated and moved to a new rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There were no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). This repeal 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43374.htm No. 43399 (Repeal): R277-481. Charter School Oversight, Monitoring and Appeals. SUMMARY OF THE RULE OR CHANGE: H.B. 313 (2018) directed the Board to make rules to carry out the legislative changes in relation to the oversight of charter schools and their authorizers. New rule, R277-553, governs charter school oversight by authorizers and includes language from this repealed rule, R277-481. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state budget revenues or expenditures as this rule is being eliminated and moved to a new rule. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any fiscal impact on local governments' revenues or expenditures as this rule is being eliminated and moved to a new rule. - SMALL BUSINESSES: This rule repeal is not expected to have any fiscal impact on small businessess revenues or expenditures as this rule is being eliminated and moved to a new rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures as this rule is being eliminated and moved to a new rule. 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 repeal 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43399.htm No. 43392 (Repeal): R277-482. Charter School Timelines and Approval Processes. SUMMARY OF THE RULE OR CHANGE: H.B. 313 (2018) directed the Board to make rules to carry out the legislative changes in relation to oversight of charter schools and their authorizers.New Rule R277-552 governs charter school approval processes and timelines, and includes language from R277-482. Therefore, R277-482 is being repealed and new rule R277- 552 implemented in it's place per legislative changes. (EDITOR'S NOTE: Rule R277-552 is being adopted in this December 1, 2018, Bulletin as DAR File No. 43394.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state budget revenues or expenditures as this rule is being eliminated and moved to a new rule. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any fiscal impact on local governments' revenues or expenditures as this rule is being eliminated and moved to a new rule. - SMALL BUSINESSES: This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures as this rule is being eliminated and moved to a new rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures as this rule is being eliminated and moved to a new rule. 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 repeal 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43392.htm No. 43373 (Amendment): R277-509. Licensure of Student Teachers and Interns. SUMMARY OF THE RULE OR CHANGE: R277-509 is amended to have a sunset clause of 6/30/2020 as it will no longer be necessary after that date. 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. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. - SMALL BUSINESSES: These rule changes are not expected to have any material 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. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any material 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. 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43373.htm No. 43400 (New Rule): R277-550. Charter Schools – Definitions. SUMMARY OF THE RULE OR CHANGE: H.B. 313 (2018) directed the Board to make rules to carry out the legislative changes in relation to the oversight of charter schools and their authorizers. This new rule, R277- 550, establishes definitions specific to the new charter school rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is not expected to have any fiscal impact on state government revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule draw heavily from rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - LOCAL GOVERNMENTS: This new rule is not expected to have any fiscal impact on local governments' revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule draw heavily from rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - SMALL BUSINESSES: This new rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule draw heavily from rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - 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 government entities revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule draw heavily from rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. 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 new 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43400.htm No. 43393 (New Rule): R277-551. Charter Schools - General Provisions. SUMMARY OF THE RULE OR CHANGE: H.B. 313 (2018) directed the Board to make rules to carry out the legislative changes in relation to the oversight of charter schools and their authorizers. This new rule, R277- 551, contains general provisions related to the operation of charter schools, and includes language from repealed rule R277-470. (EDITOR'S NOTE: R277-470 is repealed in DAR No. 43374 published in this December 1, 2018, Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is not expected to have any fiscal impact on state government revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule draw heavily from rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - LOCAL GOVERNMENTS: This new rule is not expected to have any material impacts on local government revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule draw heavily from rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - SMALL BUSINESSES: This new rule is not expected to have any material fiscal impacts on small business revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule draw heavily from rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is not expected to have any material fiscal impacts on persons other than small businesses, businesses, or local government entities revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule draw heavily from rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. 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 new 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43393.htm No. 43394 (New Rule): R277-552. Charter School Timelines and Approval Processes. SUMMARY OF THE RULE OR CHANGE: H.B. 313 (2018) directed the Board to make rules to carry out the legislative changes in relation to the oversight of charter schools and their authorizers. This new rule, R277- 552, governs charter school approval processes and timelines, and includes language from repealed rule R277-482. (EDITOR'S NOTE: The repeal of Rule R277-482 is included in this December 1, 2018, Bulletin under DAR No. 43392.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. The Board was funded for an full-time employee (FTE) in the 2018 session to absorb the costs. The State Charter School Board has staff that will be performing these activities and is funded through the Board. - LOCAL GOVERNMENTS: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and the Utah Center for Assistive Technology (UCAT) will be required to develop policies and practices and monitor the schools they authorize. The percentage of charter schools not authorized by the State Charter School Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than a FTE. Average costs of an FTE would be between $80,000- $120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. - SMALL BUSINESSES: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and UCAT will be required to develop policies and practices and monitor the schools they authorize. The percentage of charter schools not authorized by the State Charter School Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than a FTE. Average costs of an FTE would be between $80,000-$120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and UCAT will be required to develop policies and practices and monitor the schools they authorize. The percentage of charter schools not authorized by the State Charter School Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than a FTE. Average costs of an FTE would be between $80,000-$120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. COMPLIANCE COSTS FOR AFFECTED PERSONS: 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 new rule is anticipated to cost state government $155,000 annually and other authorizers approximately $250,000 annually. 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 new rule is anticipated to cost state government $155,000 annually and other authorizers approximately $250,000 annually. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43394.htm No. 43401 (New Rule): R277-553. Charter School Oversight, Monitoring and Appeals. SUMMARY OF THE RULE OR CHANGE: H.B. 313 (208) directed the Board to make rules to carry out the legislative changes in relation to the oversight of charter schools and their authorizers. This new rule, R277-553, governs charter school oversight by authorizers and includes language from repealed rule R277-481. (EDITOR'S NOTE: Rule R277-481 is being repealed in this December 1, 2018, Bulletin under DAR No. 43399.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. The Board was funded for a full-time employee (FTE) in the 2018 General Session to absorb the costs, total costs $155,000. The State Charter School Board has staff that will be performing these activities and is funded through the Board. - LOCAL GOVERNMENTS: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and Utah Center for Assistive Technology (UCAT) will be required to develop policies and practices, and monitor the schools they authorize. The percentage of charter schools not authorized by the Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than an FTE. Average costs of an FTE would be between $80,000-$120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. Iron School District, Jordan School District, Salt Lake School District, Logan City and UCAT are the other authorizers. We anticipate annual costs of $250,000. - SMALL BUSINESSES: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and Utah Center for Assistive Technology (UCAT) will be required to develop policies and practices, and monitor the schools they authorize. The percentage of charter schools not authorized by the Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than an FTE. Average costs of an FTE would be between $80,000-$120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and Utah Center for Assistive Technology (UCAT) will be required to develop policies and practices, and monitor the schools they authorize. The percentage of charter schools not authorized by the Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than an FTE. Average costs of an FTE would be between $80,000-$120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new rule is anticipated to cost state government $155,000 annually and other authorizers approximately $250,000 annually. 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 new rule is anticipated to cost state government $155,000 annually and other authorizers approximately $250,000 annually. 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43401.htm No. 43395 (New Rule): R277-554. State Charter School Board Grants and Mentoring Program. SUMMARY OF THE RULE OR CHANGE: H.B. 313 directed the Board to make rules to carry out the legislative changes in relation to oversight of charter schools and their authorizers. This new rule, R277-554, governs specific programs operated by the State Charter School Board, and includes language from repealed rule R277-470. (EDITOR'S NOTE: Rule R277-470 is being repealed in this December 1, 2018, Bulletin under DAR No. 43374.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is not expected to have any fiscal impact on state government revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule already exist in rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - LOCAL GOVERNMENTS: This new rule is not expected to have any fiscal impact on local governments' revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule already exist in rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - SMALL BUSINESSES: This new rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule already exist in rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. - 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 government entities revenues or expenditures because it provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. The provisions of this rule already exist in rules R277-480 through R277-482, which are being recommended for elimination with the "reorganization" of charter specific Board rules. 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 new 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43395.htm No. 43396 (New Rule): R277-555. Corrective Action Against Charter School Authorizers. SUMMARY OF THE RULE OR CHANGE: H.B. 313 (2018) directed the Board to make rules to carry out the legislative changes in relation to the oversight of charter schools and their authorizers. This new rule, R277- 555, governs the process for Board Corrective Action against Charter School Authorizers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. The Board was funded for a full-time employee (FTE) in the 2018 session to absorb the costs, total costs $155,000. The State Charter School Board has staff that will be performing these activities and is funded through the Board. - LOCAL GOVERNMENTS: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and Utah Center for Assistive Technology (UCAT) will be required to develop policies and practices, and monitor the schools they authorize. The percentage of charter schools not authorized by the State Charter School Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than a FTE. Average costs of an FTE would be between $80,000- $120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. Iron School District, Jordan School District, Salt Lake City School Districts, Logan City and UCAT are the other authorizers. We anticipate annual costs of $250,000. - SMALL BUSINESSES: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and UCAT will be required to develop policies and practices, and monitor the schools they authorize. The percentage of charter schools not authorized by the State Charter School Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than a FTE. Average costs of an FTE would be between $80,000-$120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is expected to have a fiscal impact on charter school authorizers and the Board. The Board anticipates the activities created by this group of charter school rules will require ongoing monitoring. We anticipate that other charter school authorizers such as school districts and UCAT will be required to develop policies and practices, and monitor the schools they authorize. The percentage of charter schools not authorized by the State Charter School Board is relatively small, around 10 of the total 120 active schools. We anticipate that monitoring activities would cost less than a FTE. Average costs of an FTE would be between $80,000-$120,000, thus we anticipate costs to an authorizer to be around $50,000 annually. COMPLIANCE COSTS FOR AFFECTED PERSONS: 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 new rule is anticipated to cost state government $155,000 annually and other authorizers approximately $250,000 annually. 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 new rule is anticipated to cost state government $155,000 annually and other authorizers approximately $250,000 annually. 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43396.htm No. 43375 (Amendment): R277-600. Student Transportation Standards and Procedures. SUMMARY OF THE RULE OR CHANGE: The additions to Section R277-600-12, Rural School Transportation Reimbursement Program, outline how the Board will measure the eligibility criteria and distribute the $500,000 ongoing appropriation. 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. Section R277-600-12 was eliminated because the statute authorizing Grants for Unsafe Routes was eliminated in the 2018 session and funds were reappropriated. Section R277-600-12 was revised to enact the guidelines for the management of the rural school transportation reimbursement program that was enacted in the 2018 general session. This program was funded by a specific appropriation of $500,000 to be distributed to eligible local education agencies. - 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. Section R277-600-12 was eliminated because the statute authorizing Grants for Unsafe Routes was eliminated in the 2018 session and funds were reappropriated. Section R277-600-12 was revised to enact the guidelines for the management of the rural school transportation reimbursement program that was enacted in the 2018 general session. This program was funded by a specific appropriation of $500,000 to be distributed to eligible local education agencies. - 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. Section R277-600-12 was eliminated because the statute authorizing Grants for Unsafe Routes was eliminated in the 2018 session and funds were reappropriated. Section R277-600-12 was revised to enact the guidelines for the management of the rural school transportation reimbursement program that was enacted in the 2018 general session. This program was funded by a specific appropriation of $500,000 to be distributed to eligible local education agencies. - 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 revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. Section R277-600-12 was eliminated because the statute authorizing Grants for Unsafe Routes was eliminated in the 2018 session and funds were reappropriated. Section R277-600-12 was revised to enact the guidelines for the management of the rural school transportation reimbursement program that was enacted in the 2018 general session. This program was funded by a specific appropriation of $500,000 to be distributed to eligible local education agencies. 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43375.htm No. 43398 (Amendment): R277-922. Digital Teaching and Learning Grant Program. SUMMARY OF THE RULE OR CHANGE: The formatted language in R277-922-8, LEA Plan Requirements, is updated to align with the Master Plan for Digital Teaching and Learning. 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 eliminate redundancies and align the programmatic requirements with the Master Plan for Digital Teaching and Learning. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impacts 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 eliminate redundancies and align the programmatic requirements with the Master Plan for Digital Teaching and Learning. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impacts 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 eliminate redundancies and align the programmatic requirements with the Master Plan for Digital Teaching and Learning. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impacts on persons other than small businesses, businesses, or local government entities revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being updated to eliminate redundancies and align the programmatic requirements with the Master Plan for Digital Teaching and Learning. 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43398.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 43372 (Amendment): R307-101-2. Definitions. SUMMARY OF THE RULE OR CHANGE: The definition of "facility" has been deleted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on state government revenues or expenditures because the removal of the definition of "facility" will not change how any rule in R307 is interpreted or applied. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures because the removal of the definition of "facility" will not change how any rule in R307 is interpreted or applied. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures because the removal of the definition of "facility" will not change how any rule in R307 is interpreted or applied. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on other persons' revenues or expenditures because the removal of the definition of "facility" will not change how any rule in R307 is interpreted or applied. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change is not expected to have any impact on compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that there will be no additional fiscal impact on businesses, because the removal of the definition of "facility" from Section R307-101-2 will not affect how any rule in Title R307 will be interpreted or applied. All costs to businesses will remain the same, regardless of this change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 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: 02/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43372.htm DRINKING WATER No. 43378 (Amendment): R309-100-9. Variances. SUMMARY OF THE RULE OR CHANGE: These amendments add clarifying language to make the Utah rule as stringent as the variance requirements in the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. These amendments create no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. These amendments create no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons other than small businesses, businesses or local government entities revenues or expenditures. 2. These amendments create no new requirements for persons other than small businesses, businesses or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes are not expected to have any fiscal impact on businesses' revenues or expenditures; these minor changes are to add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which has been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43378.htm No. 43379 (Amendment): R309-105-4. General. SUMMARY OF THE RULE OR CHANGE: This change moves language to make the Utah rule match the requirements in the Code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee this proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. This amendment creates no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. This amendment creates no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for personss other than small businesses, businesses or local government entities revenues or expenditures. 2. This amendment creates no new requirements for persons other than small businesses, businesses or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change is not expected to have any fiscal impact on businesses' revenues or expenditures; the minor change is to move language missed during the Revised Total Coliform Rule adoption in 2016, which has been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43379.htm No. 43380 (Amendment): R309-110-4. Definitions. SUMMARY OF THE RULE OR CHANGE: This amendment removes unnecessary language to make the Utah rule match the requirements in the Code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee this proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. This amendment creates no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. This amendment creates no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons' other than small businesses, businesses or local government entities revenues or expenditures. 2. This amendment creates no new requirements for persons other than small businesses, businesses or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change is not expected to have any fiscal impact on businesses' revenues or expenditures; the minor change is to remove language missed during the Revised Total Coliform Rule adoption in 2016, which has been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43380.htm No. 43381 (Amendment): R309-200. Monitoring and Water Quality: Drinking Water Standards. SUMMARY OF THE RULE OR CHANGE: These amendments add clarifying language to make the Utah rule as stringent as the Code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee these proposed rule amendments. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. These amendments create no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. These amendments create no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons' other than small businesses, businesses or local government entities revenues or expenditures. 2. These amendments create no new requirements for persons other than small businesses, businesses or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes are not expected to have any fiscal impacts on businesses' revenues or expenditures; the minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which has been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43381.htm No. 43382 (Amendment): R309-210-8. Disinfection Byproducts - Stage 1 Requirements. SUMMARY OF THE RULE OR CHANGE: These amendments add clarifying language to make the Utah rule as stringent as the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. These amendments create no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. These amendments create no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons other than small businesses, businesses, or local government entities revenues or expenditures. 2. These amendments create no new requirements for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes are not expected to have any fiscal impact on businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which have been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43382.htm No. 43383 (Amendment): R309-211. Monitoring and Water Quality: Distribution System -- Total Coliform Requirements. SUMMARY OF THE RULE OR CHANGE: These amendments add clarifying language to make the Utah rule as stringent as the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. These amendments create no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. These amendments create no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons other than small businesses, businesses, or local government entities revenues or expenditures. 2. These amendments create no new requirements for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes are not expected to have any fiscal impact on businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which have been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43383.htm No. 43384 (Amendment): R309-215-10. Residual Disinfectant. SUMMARY OF THE RULE OR CHANGE: These amendments add clarifying language to make the Utah rule as stringent as the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. These amendments create no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. These amendments create no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons other than small businesses, businesses, or local government entities revenues or expenditures. 2. These amendments create no new requirements for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes are not expected to have any fiscal impact on businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which have been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43384.htm No. 43385 (Amendment): R309-215-16. Groundwater Rule. SUMMARY OF THE RULE OR CHANGE: These amendments add clarifying language to make the Utah rule as stringent as the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. These amendments create no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. These amendments create no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons other than small businesses, businesses, or local government entities revenues or expenditures. 2. These amendments create no new requirements for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes are not expected to have any fiscal impact on businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which have been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43385.htm No. 43386 (Amendment): R309-220-4. General Public Notification Requirements. SUMMARY OF THE RULE OR CHANGE: This amendment adds clarifying language to make the Utah rule as stringent as the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. This amendment creates no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. This amendment creates no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons other than small businesses, businesses, or local government entities revenues or expenditures. 2. This amendment creates no new requirements for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes are not expected to have any fiscal impact on businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which have been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43386.htm No. 43387 (Amendment): R309-225-4. General Requirements. SUMMARY OF THE RULE OR CHANGE: This amendment adds a reference to the Code of Federal Regulations to make the Utah rule as stringent as the code of Federal Regulations. This is a federal rule Utah is required to adopt per the primacy agreement with the Environmental Protection Agency (EPA). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: 1. There is no expected fiscal impact to state revenues or expenditures. 2. There are no additional state employees or resources needed to oversee proposed rule amendment. - LOCAL GOVERNMENTS: 1. There is no expected direct fiscal impact to local governments' revenues or expenditures. 2. This amendment creates no new requirements for local governments. - SMALL BUSINESSES: 1. There is no expected direct fiscal impact to small businesses' revenues or expenditures. 2. This amendment creates no new requirements for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: 1. There is no expected direct fiscal impact for persons other than small businesses, businesses, or local government entities revenues or expenditures. 2. This amendment creates no new requirements for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for affected persons, water systems, are not expected to change because no additional requirements are being added to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change is not expected to have any fiscal impact on businesses' revenues or expenditures, these minor changes add clarifying language missed during the Revised Total Coliform Rule adoption in 2016, which have been implemented since April 1, 2016. This is a federal rule Utah is required to adopt per the primacy agreement with the EPA and has no additional requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yee by phone at 801-536-4216, by FAX at 801-536-4211, or by Internet E-mail at jyee@utah.gov - Patti Fauver by phone at 801-536-4196, by FAX at 801-536-4211, or by Internet E-mail at pfauver@utah.gov - Rachael Cassady by phone at 801-536-4467, by FAX at 801-536-4211, or by Internet E-mail at rcassady@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43387.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 43359 (Amendment): R398-5. Birth Defects Reporting. SUMMARY OF THE RULE OR CHANGE: These changes update this rule to more accurately establish the CCHD reporting requirements. They also update and add reportable birth defect diagnosis codes including ICD9 and ICD10. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes may have a minimal cost to the state if reprinting of rule is needed. - LOCAL GOVERNMENTS: No cost to local governments as the reporting requirements have been standard practice for the past several years. - SMALL BUSINESSES: No cost to small businesses as the reporting requirements have been standard practice for the past several years. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost to businesses, individuals, local governments, and persons that are not small businesses as the reporting requirements have been standard practice for the past several years. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost to businesses, individuals, local governments, and persons that are not small businesses as the reporting requirements have been standard practice for the past several years. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is being updated to more accurately establish the CCHD reporting requirements, and add requirements to report birth defect diagnosis codes including Zika Virus, Cytomegalovirus, hearing loss, and neonatal withdrawal symptoms. There are no costs to businesses because the reporting requirements have been standard practice for the past several years. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Joyce McStotts by phone at 801-584-8239, by FAX at 801-584-8488, or by Internet E-mail at jmcstotts@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43359.htm HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 43356 (Amendment): R501-7. Child Placing Adoption Agencies. SUMMARY OF THE RULE OR CHANGE: These amendments will clarify definitions, particularly surrounding recovery and confinement by a physician. They also more clearly outline the fee structures and refunding process that is in accordance with Section 78B-6-140. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Due to these amendments being clarifying in nature there are no anticipate fiscal costs or cost savings. - LOCAL GOVERNMENTS: There is no anticipated fiscal impact to local governments as these rule changes deal largely with Child Placing Adoption Agencies. - SMALL BUSINESSES: There is no anticipated fiscal impact to small businesses; these changes in the reimbursement process are not anticipated to cause any extra cost to any party involved. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: One of the amended items is the reimbursement process, but the language change is purely clarifying in nature and is not anticipated to impact any persons involved inside or outside of the Child Placing Adoption Agencies processes. COMPLIANCE COSTS FOR AFFECTED PERSONS: Due to the nature of these amendments it is not anticipated that there be any compliance costs for those involved. 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 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43356.htm CHILD AND FAMILY SERVICES No. 43358 (Amendment): R512-305. Out-of-Home Services, Transition to Adult Living Services. SUMMARY OF THE RULE OR CHANGE: Youth who qualify for CHAFEE aftercare funding may now access the funds until they attain the age of 23. Prior to the change in federal law, funds were only available for eligible youth until the age of 21. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change in federal law increased the number of years a youth could qualify for CHAFEE aftercare funds, but did not increase the dollar amount available for an individual each fiscal year. The change also did not increase the amount of federal funds available for this service. These proposed rule amendments are not expected to have any fiscal impacts on state government revenues or expenditures. - LOCAL GOVERNMENTS: There is little or no impact to local governments due to these rule amendments. - SMALL BUSINESSES: There is little or no impact to small businesses due to these rule amendments. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is little or no impact to other persons due to these rule amendments. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with implementing these rule amendments because these changes are not fiscal in nature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule amendments will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43358.htm SUBSTANCE ABUSE AND MENTAL HEALTH No. 43355 (New Rule): R523-19. Community Mental Health Crisis and Suicide Prevention Training Grant Standards. SUMMARY OF THE RULE OR CHANGE: a) Descriptions of allowable activities that would qualify for a funding grant is provided. b) A process for receiving applications to receive a grant is established. c) A maximum grant amount is established. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department of Human Services' Division of Substance Abuse and Mental Illness (DHS/DSAMH) was allocated $250,000 by the 2018 state legislature to award grants to communities for the purpose of conducting mental health crisis response training. All of this funding will be awarded. - LOCAL GOVERNMENTS: Local mental health authorities are qualifying entities that are able to apply for a grant. The limit is set at $50,000 per community. DHS/DSAMH will distribute $200,000 to local authorities and anticipate that each grantee will receive the full $50,000 grant, making this funding available to four local authorities. - SMALL BUSINESSES: Small businesses that provide communities with individual and family services are entities that qualify to apply for a grant. DHS/DSAMH anticipates distribution of $50,000 to these agencies. There is no way of knowing how much will be requested or the number of proposals that will be submitted, so there is no way of knowing how many small businesses will receive this portion of the funds. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or benefits in this rule associated with other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this new rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will result in a positive fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43355.htm TAX COMMISSION PROPERTY TAX No. 43371 (Amendment): R884-24P-27. Standards for Assessment Level and Uniformity of Performance Pursuant to Utah Code Ann. Sections 59-2-704 and 59-2-704.5. SUMMARY OF THE RULE OR CHANGE: The permissible measure of central tendency is reduced from within ten percent to within five percent of the legal level of assessment for county-wide residential property in counties of the first through fourth class. 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 they do not change the amount of revenue generated statewide. - LOCAL GOVERNMENTS: These proposed amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because the property tax rate will adjust to compensate the local governments according to previous year collections plus new growth. - SMALL BUSINESSES: These proposed amendments are expected to have a marginal fiscal impact on small businesses revenues or expenditures. As calculated in the 2018 legislative audit, there will be a $1.4 million shift in individual county contributions to the Uniform School Fund. As a result of these changes in the required level of assessment, small businesses in counties that were under the required level of assessment will experience marginal increases in property tax while small businesses in counties that were at or over the required level of assessment may experience no change or marginal decreases in property tax. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are expected to have marginal fiscal impact on the revenues or expenditures of other persons. As calculated in the 2018 legislative audit, there will be a $1.4 million shift in individual county contributions to the Uniform School Fund. As a result of these changes in the required level of assessment, persons in counties that were under the required level of assessment will experience marginal increases in property tax while persons in counties that were at or over the required level of assessment may experience no change or marginal decreases in property tax. Residential values in certain counties that were outside of the required level of assessment of 95% to 105% of fair market value may result in higher or lower individual residential tax assessments. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are not expected to impose compliance costs on those impacted because the statistical studies and assessments are already being conducted. This only narrows the variance standard imposed within those assessments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments could impact the revenues or expenditures of businesses owning residential real property in counties of the first through fourth class. Businesses in counties under the required level of assessment may experience marginal increases in property tax while businesses in counties over the required level of assessment may experience no change or marginal decreases in property tax. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 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: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43371.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 43365 (Amendment): R994-403-109b. Profiled Claimants. SUMMARY OF THE RULE OR CHANGE: The Department of Workforce Services (Department) administers the state’s unemployment insurance program pursuant to Sections 35A-1-202 and 35A-4-101 et seq. As a condition of receiving federal funding provided by the United States Department of Labor (USDOL) to operate the program, USDOL requires the state, pursuant to 42 USC Sec. 506, to provide reemployment services to certain recipients of unemployment insurance benefits, and to abide by evidence- based standards in helping such recipients achieve reemployment. On August 20, 2018, USDOL issued an Unemployment Insurance Program Letter (UIPL) reiterating to all state-level workforce agencies, including the Department, the need to ensure that these recipients—known as "profiled claimants"—are receiving and accepting the reemployment services offered to them as a condition of receiving unemployment insurance benefits. Following a review of its processes, the Department has determined that some profiled claimants have attempted to evade the requirement to receive reemployment services; specifically, some claimants have engaged in the practice of scheduling a meeting with an employment counselor, failed to attend the meeting, and then rescheduled the meeting multiple times. This has had the effect of allowing the claimant to receive unemployment insurance benefits despite not receiving the required reemployment services. This proposed rule amendment solves this problem by requiring a profiled claimant who fails to participate in the required reemployment services to forego receiving benefits until the required services have been received. The Department has specific authority to make rules requiring good-faith efforts by unemployment insurance recipients to secure employment under Section 35A-4-403. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule change is not expected to cause any costs or savings to the state budget because this proposed rule change simply creates a more effective enforcement mechanism for ensuring profiled claimants receive the required reemployment services. Nothing in this proposed rule change affects or limits a claimant's substantive eligibility for unemployment insurance benefits or limits the duration for which those benefits may be received. - LOCAL GOVERNMENTS: This proposed rule change is not expected to cause any costs or savings to local governments because the unemployment insurance program is a state-level program that does not rely on local governments for its funding, administration, or enforcement. - SMALL BUSINESSES: This proposed rule change is not expected to cause any costs or savings to small businesses because nothing in this proposed rule change will affect the amount of unemployment taxes paid by any business or otherwise affect the substantive eligibility for, or payment of, unemployment insurance benefits to any claimant. The Department has considered whether this proposed rule change will have a measurable negative fiscal impact on small businesses and has determined that this proposed rule change will not have a negative fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule change is not expected to cause any costs or savings to persons other than small businesses, businesses, or local government entities because this proposed rule change simply creates a more effective enforcement mechanism for an existing requirement for profiled claimants who seek unemployment insurance benefits. Nothing in this proposed rule change affects or limits a claimant's substantive eligibility for unemployment insurance benefits or limits the duration for which those benefits may be received. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule change is not expect to cause any compliance costs for affected persons because this proposed rule change does not create any new eligibility or administrative requirements for profiled claimants or any other affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 01/02/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at ampeck@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 01/09/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43365.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. 43364 (5-year Review): R156-46a. Hearing Instrument Specialist Licensing Act Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 46a, with respect to hearing instrument specialists and hearing instrument interns. 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: - Jana Johansen by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at janajohansen@utah.gov EFFECTIVE: 11/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43364.htm EDUCATION ADMINISTRATION No. 43357 (5-year Review): R277-704. Financial and Economic Literacy: Integration into Core Curriculum and Financial and Economic Literacy Student Passports. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-704 continues to be necessary because it provides funds appropriated by the Legislature to develop and integrate financial and economic literacy concepts effectively into the core curriculum in various programs and at various grade levels; to begin the development of a financial and economic literacy student passport; to provide for educator professional development using business and community expertise, allowing for maximum creativity and flexibility; to provide curriculum resources and assessments for financial and economic literacy; to provide passport criteria and tracking capabilities for the financial and economic literacy passport for students grades K-12; to provide simple and consistent messaging to students that becomes part of the core curriculum that reinforces the importance of financial and economic literacy for students and parents; and to help students and parents to locate and use school and community resources to improve financial and economic literacy among students and families. 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: 11/05/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43357.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 43367 (5-year Review): R307-101. General Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R307-101-2 includes all the definitions that apply throughout all the rules contained in R307. Without them, the remaining rules would be unenforceable, so this rule should be continued. Section R307-101-3 incorporates by reference the most current version of the Code of Federal Regulations cited in many of the Air Quality Rules. In addition, R307-101 is also a component of Utah's State Implementation Plan, which has been federally approved. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 11/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43367.htm No. 43368 (5-year Review): R307-150. Emission Inventories. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The state of Utah is required under the federal Consolidated Emissions Reporting Rule (CERR), 40 CFR 51.30(e), to submit inventories of emissions from a variety of sources to the Federal Environmental Protection Agency on a schedule specified in the federal rule. Rule R307- 150 specifies the kinds of sources that must submit inventory information to the state in order for the state to meet its responsibilities under the CERR. In addition, the inventory information is required in order to determine the fees paid by sources subject to 40 CFR, Part 70, and Rule R307-415, the Operating Permit Program, and for determining where emission reductions can be achieved if needed for Utah to remain in attainment of the federal health standards for air quality. 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: 11/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43368.htm No. 43369 (5-year Review): R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-405 is required by Section 19-2-108. Rule R307-405 is also required by Section VIII, Prevention of Significant Deterioration of the State Implementation Plan, which is incorporated by reference under R307-110. This plan is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51.166. Without this plan, Environmental Protection Agency would be required to impose a federal implementation plan. DIRECT QUESTIONS REGARDING THIS RULE TO: - Thomas Gunter by phone at 801-536-4419, or by Internet E-mail at thomasgunter@utah.gov EFFECTIVE: 11/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43369.htm No. 43370 (5-year Review): R307-840. Lead-Based Paint Program Purpose, Applicability, and Definitions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without Rule R307-840, Utah would not have authority to implement the federal requirements; implementation would be carried out by the Environmental Protection Agency. 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: 11/13/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43370.htm HEALTH CHILDREN'S HEALTH INSURANCE PROGRAM No. 43376 (5-year Review): R382-3. Accountable Care Organization Incentives to Appropriately Use Emergency Room Services in the Children's Health Insurance 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 Department will continue this rule because it implements provisions that govern accountable care organization performance measures, which reduce non-emergency services in emergency departments. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 11/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43376.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43390 (5-year Review): R414-1B. Payment for Limited Abortion Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it prohibits the unauthorized use of public funds for certain abortion services by Medicaid providers. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 11/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43390.htm No. 43391 (5-year Review): R414-11. Podiatric Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements podiatric services as described in the Medicaid provider manual and in the Medicaid State Plan. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 11/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43391.htm No. 43361 (5-year Review): R414-14. Home Health Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements home health care for Medicaid members through its definitions, eligibility requirements, service coverage criteria, and provider reimbursement. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43361.htm No. 43377 (5-year Review): R414-54. Speech-Language Pathology Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements speech-language pathology services as described in the Medicaid provider manual and in the Medicaid State Plan. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 11/14/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43377.htm No. 43389 (5-year Review): R414-90. Diabetes Self-Management Training. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it allows Medicaid members to successfully manage and control diabetes through the Diabetes Self-Management Training program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 11/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43389.htm No. 43388 (5-year Review): R414-401. Nursing Care Facility Assessment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements the nursing facility assessment, which fosters quality and cost-effective services for Medicaid members who reside in nursing facilities. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 11/15/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43388.htm DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 43360 (5-year Review): R438-13. Rules for the Certification of Institutions to Obtain Impounded Animals in the State of Utah. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: There are still animals used in experimental research therefore this rule continues to be necessary. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Atkinson by phone at 801-965-2424, by FAX at 801-969-3704, or by Internet E-mail at rmatkinson@utah.gov EFFECTIVE: 11/07/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43360.htm PUBLIC SAFETY PEACE OFFICER STANDARDS AND TRAINING No. 43366 (5-year Review): R728-503. Utah Minimum Standards for All Emergency Pursuit Policies to be Adopted by Public Agencies that Operate Authorized Emergency Pursuit Vehicles. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is authorized by Subsection 41-6a-212(6), which requires the Department of Public Safety to establish minimum standards for all emergency pursuit policies to be adopted by public agencies authorized to operate authorized emergency pursuit vehicles. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Scott Stephenson by phone at 801-256-2322, by FAX at 801-256-0600, or by Internet E-mail at sstephen@utah.gov EFFECTIVE: 11/12/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43366.htm SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 43362 (5-year Review): R850-61. Native American Grave Protection and Repatriation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As the Agency continues to develop uses for the lands and resources granted to the various trusts, proper handling of cultural resources located on those trust lands is of great importance. The continued need for this rule, which outlines the manner by which the Agency handles the ownership and control of Native American remains and artifacts discovered on trust lands, continues to be of great importance. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 11/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43362.htm No. 43363 (5-year Review): R850-110. Motor Vehicle Travel Designations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Off-highway vehicle usage is a rapidly increasing recreational past-time. This rule is crucial to the effective management of this usage on trust lands in order to protect the environment and the value of these lands. This rule contains the guidelines establishing routes, usage, signage, types of vehicles, route widths, and restrictions therefore this rule continues to be necessary. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Christy by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov EFFECTIVE: 11/08/2018 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2018/20181201/43363.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 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43188 (AMD): R156-1.General Rule of the Division of Occupational and Professional Licensing Published: 10/01/2018 Effective: 11/08/2018 EDUCATION ADMINISTRATION No. 43190 (AMD): R277-106.Utah Professional Practices Advisory Commission Appointment Process Published: 10/01/2018 Effective: 11/07/2018 No. 43202 (AMD): R277-474.School Instruction and Human Sexuality Published: 10/01/2018 Effective: 11/07/2018 No. 43193 (REP): R277-510.Educator Licensing - Highly Qualified Assignment Published: 10/01/2018 Effective: 11/07/2018 No. 43201 (AMD): R277-527.International Guest Teachers Published: 10/01/2018 Effective: 11/07/2018 No. 43191 (AMD): R277-708.Enhancement for At-Risk Students Published: 10/01/2018 Effective: 11/07/2018 ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43207 (AMD): R315-301-7.Self-Inspection of Solid Waste Management Facility Published: 10/01/2018 Effective: 11/09/2018 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43182 (NEW): R392-800.General Sanitation in Public Places Published: 10/01/2018 Effective: 11/14/2018 FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43203 (AMD): R426-5.Emergency Medical Services Training and Certification Standards Published: 10/01/2018 Effective: 11/07/2018 DISEASE CONTROL AND PREVENTION, LABORATORY SERVICES No. 43185 (AMD): R438-13.Rules for the Certification of Institutions to Obtain Impounded Animals in the State of Utah Published: 10/01/2018 Effective: 11/07/2018 HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43213 (NEW): R523-17.Behavioral Health Crisis Response Systems Standards Published: 10/01/2018 Effective: 11/15/2018 No. 43214 (NEW): R523-18.Mobile Crisis Outreach Teams Certification Standards Published: 10/01/2018 Effective: 11/15/2018 INSURANCE TITLE AND ESCROW COMMISSION No. 43187 (AMD): R592-10-5.Office Report Published: 10/01/2018 Effective: 11/09/2018 JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 43181 (AMD): R597-3.Judicial Performance Evaluations Published: 10/01/2018 Effective: 11/07/2018 TAX COMMISSION AUDITING No. 43199 (AMD): R865-9I-2.Determination of Utah Resident Individual Status Pursuant to Utah Code Ann. Sections 59-10-103 and 59-10-136 Published: 10/01/2018 Effective: 11/13/2018 No. 43198 (AMD): R865-19S-32.Leases and Rentals Pursuant to Utah Code Ann. Section 59-12-103 Published: 10/01/2018 Effective: 11/13/2018 PROPERTY TAX No. 43200 (AMD): R884-24P-33.2018 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301 Published: 10/01/2018 Effective: 11/13/2018 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/ . <> ----------------------------