---------------------------- Utah State Digest, Vol. 2019, No. 5 (March 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed February 2, 2019, 12:00 AM through February 15, 2019, 11:59 PM Volume 2019, No. 5 March 1, 2019 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 *********************************************** 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. Prohibiting Unlawful Workplace Harassment, Discrimination, and Retaliation and Ordering a Mandatory Supervisor Training Program, Utah Exec. Order No. 2019-1 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2019/ExecDoc160963.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 February 2, 2019, 12:00 a.m., and February 15, 2019, 11:59 p.m. are summarized in this, the March 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the March 1, 2019, issue of the Utah State Bulletin until at least April 1, 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 June 29, 2019, the agency may notify the Office of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10. CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 43517 (Amendment): R131-13. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation. SUMMARY OF THE RULE OR CHANGE: The changes in this rule outline the requirements of contractors and subcontractors, that do work for the state of Utah, to carry health insurance for their employees. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as a result of these rule changes. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments. The changes to this rule do not affect local governments. - SMALL BUSINESSES: There are no anticipated costs or savings as a result of these rule changes. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as a result of these rule changes. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs as a result of these rule changes. The changes to this rule provide no fiscal impact as they only incorporate the changes in statute, which are already in effect. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts on businesses as a result of these rule changes. The changes to this rule only incorporate the changes in statute, which are already in effect. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dana Jones by phone at 801-538-3074, or by Internet E-mail at danajones@utah.gov - Michael Kelley by phone at 801-538-3105, or by Internet E-mail at mkelley@agutah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43517.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43522 (Amendment): R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-15A-102, these proposed amendments add the following definitions: "Advisory Board" or "LUEDAB" means the Land Use and Eminent Domain Advisory Board created in Section 13-43-202; and "Ombudsman" means the Office of Property Rights Ombudsman created in Section 13-43-201. In Section R156-15A-201, this proposed amendment updates the reference to the "education fund" because the Education Advisory Committee will now review and make recommendations for two education funds per Subsections 15A-1-209(5)(c)(i) and (ii). In Section R156-15A-210, this proposed amendment updates a citation. In Section R156-15A-230, these proposed amendments allocate funds in accordance with Subsection 15A-1-209(5). The 85% remitted to the Division shall now be deposited into three separate funding accounts: 30% to the Division's "Building Code Inspector Training Fund", 10% to the Division's "Building Code Construction-Related Training Fund", and 60% to the Ombudsman's "Land Use Fund". The Building Code Inspector Training Fund and Building Code Construction-Related Training Fund (as well as the monies from the Factory Built Housing Fees Account under Subsection 58- 56-17.5(2)(c)) shall be held, administered, and distributed in accordance with the procedures, standards, and policies set forth in Section R156- 15A-231 as amended. The Land Use Fund shall be held, administered, and distributed in accordance with the procedures, standards, and policies established in new Section R156-15A-232. In Section R156-15A-231, these proposed amendments establish and clarify the procedures, standards, and policies for administration of the new Building Code Inspector Training Fund and Building Code Construction-Related Training Fund (and of the existing Factory Built Housing Fees Account). This section retains most of the procedures/standards/policies that applied to the old building code training fund, but to ensure compliance with H.B. 250 (2018) there is further clarification of the appropriate funding expenditure categories for each fund. Section R156-15A-232 is a proposed new section that establishes the procedures, standards, and policies for administration of the Office of the Property Rights Ombudsman's new Land Use Fund in accordance with statutory changes made in H.B. 250 (2018). This proposed new section sets forth the requirements for utilizing the land use funds, the grant application process, and establishes eligible expenses for the reimbursement policy. In Section R156-15A-301, the Division proposes deleting this obsolete section "Factory Built Housing Dispute Resolution" in its entirety. Statutory changes made by H.B. 51 (2013) removed the requirement to provide a dispute resolution program by rule, and the Division now only refers disputes to HUD (the federal Department of Housing and Urban Development). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments will apply to the state agencies charged with administering the funding accounts/education funds described in these proposed amendments. However, these proposed amendments are not expected to impact state government revenues or expenditures over and above the fiscal impact of H.B. 250 (2018) and H.B. 51 (2013), because these amendments only update this rule to implement the current statutory requirements. In particular, these amendments merely delete obsolete provisions, and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: These proposed amendments are not expected to impact local governments' revenues or expenditures over and above the fiscal impact of H.B. 250 (2018) and H.B. 51 (2013), because these amendments only update this rule to implement the current statutory requirements. In particular, these amendments merely delete obsolete provisions, and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. - SMALL BUSINESSES: These proposed amendments will apply to any small- business providers who will seek grant money from any of the funds described in these amendments. This may include providers in this industry (NAICS 813910) who will offer code training for licensed inspectors, who will offer code training for construction-related licensees, and who will offer land use training. The Division estimates that there are approximately 38 small businesses who may offer code trainings, and approximately 15 who may offer land use trainings. Nevertheless, these proposed amendments are not expected to impact any small businesses revenues or expenditures because these amendments only update this rule to implement current statutory requirements. In particular, these amendments merely delete obsolete provisions in accordance with H.B. 51 (2013), and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments will apply to individual providers who will seek grant money from any of the funding accounts described in these amendments. This may include individual providers offering code training for licensed inspectors, individual providers offering code training for construction-related licensees, and individual providers offering land use training. These proposed amendments will also indirectly apply to Utah's approximately 670 licensed building inspectors seeking code training, and to Utah's approximately 53,000 construction- related licensees seeking code training. These proposed amendments will also indirectly apply to individuals using the land use education and training funds administered by the Office of the Property Rights Ombudsman. However, these proposed amendments are not expected to have an impact on these other persons over and above the fiscal impact of H.B. 250 (2018) and H.B. 51 (2013), because these amendments only update this rule to implement current statutory requirements. In particular, these amendments merely delete obsolete provisions, and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are not expected to impose compliance costs upon any affected persons over and above the fiscal impact of H.B. 250 (2018) and H.B. 51 (2013), because these amendments only update this rule to implement current statutory requirements. These amendments delete obsolete provisions, and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments conform this rule to changes enacted by H.B. 250 (2018), Building Permit and Impact Fees Amendments. These amendments also clarify and update certain provisions, as recommended by the Division in collaboration with the Uniform Building Code Commission Education Advisory Committee and the Utah Land Use and Eminent Domain Advisory Board. In Section R156-15A-102, these amendments add definitions for the terms "Advisory Board" or "LUEDAB" and for the term "Ombudsman". In Section R156-15A-201, this amendment updates the reference to the "education fund" because the Education Advisory Committee will now review and make recommendations for two education funds per Subsections 15A-1-209(5)(c)(i) and (ii). In Section R156-15A- 230, these amendments allocate funds in accordance with Subsection 15A-1- 209(5). The 85% remitted to the Division shall now be deposited into three separate funding accounts: 30% to the Division's "Building Code Inspector Training Fund", 10% to the Division's "Building Code Construction-Related Training Fund" and 60% to the Ombudsman's "Land Use Fund". The Building Code Inspector Training Fund and the Building Code Construction-Related Training Fund (as well as the monies from the Factory Built Housing Fee Account under Subsection 58-56-17.5(2)(c)) shall be held, administered, and distributed in accordance with the procedures, standards, and policies set forth in Section R156-15A-231, as amended. The Land Use Fund shall be held, administered, and distributed in accordance with the procedures, standards, and policies established in new Section R156-15A-232. In Section R156-15A-231, these amendments establish and clarify the procedures, standards, and policies for administration of the new Building Code Inspector Training Fund and the Building Code Construction-Related Training Fund (and of the existing Factory Built Housing Fees Account). This section retains most of the procedures, standards, and policies that applied to the old building code training fund. To ensure compliance with H.B. 250 (2018), there is further clarification of the appropriate funding expenditure categories for each fund. Section R156-15A-232 is a new section that establishes the procedures, standards, and policies for administration of the Office of the Property Rights Ombudsman's new Land Use Fund in accordance with statutory changes made in H.B. 250 (2018). This new section sets forth the requirements for utilizing the land use funds, the grant application process and establishes eligible expenses for the reimbursement policy. In Section R156-15A-301, the Division proposes deleting in its entirety this obsolete section regarding "Factory Built Housing Dispute Resolution". Statutory changes made by H.B. 51 (2013) removed the requirement to provide a dispute resolution program, and the Division now only refers disputes to HUD. Small Businesses: These proposed amendments will apply to any small-business providers who will seek grant money from any of the funds described in these amendments. This may include providers in this industry (NAICS 813910) who will offer code training for licensed inspectors, who will offer code training for construction-related licensees and who will offer land use training. Nevertheless, these proposed amendments are not expected to impact any small business revenues or expenditures because the amendments only update this rule to implement current statutory requirements. In particular, the amendments merely delete obsolete provisions in accordance with H.B. 51 (2013), and reallocate collected fees into new and updated education funds, as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. Non-Small Businesses: These proposed amendments will apply to any non-small business providers, such as trade schools (NAICS 611519), who may seek grant money from any of the education funds to offer code training for licensed inspectors, construction-related licensees, or land use training. Based upon input from those in this industry, the Division estimates that there are no non-small businesses participating in any funds, and that none will participate in the future. Nonetheless, these proposed amendments are not expected to impact any non-small business revenues or expenditures because these amendments only update this rule to implement current statutory requirements. In particular, these amendments merely delete obsolete provisions in accordance with H.B. 51 (2013), and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Robyn Barkdull by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 03/19/2019 01:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43522.htm EDUCATION ADMINISTRATION No. 43510 (Amendment): R277-100. Definitions for Utah State Board of Education (Board) Rules. SUMMARY OF THE RULE OR CHANGE: Rule R277-100 is amended with new definitions. These include: Alternative School, Comprehensive dropout and intervention program, ESSA, Preschool, Program, and School as well as apply consistent definitions for application throughout this rule. 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 these amendments are providing the addition of new definitions in Rule R277- 100, which will apply to newly proposed reporting requirements in Rule R277-483, as well as apply consistent definitions for application throughout Board rule. These definitions include: Alternative School, Comprehensive dropout and intervention program, ESSA, Preschool, Program, and School. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because these amendments are providing the addition of new definitions in Rule R277-100, which will apply to newly proposed reporting requirements in Rule R277-483, as well as apply consistent definitions for application throughout Board rule. These definitions include: Alternative School, Comprehensive dropout and intervention program, ESSA, Preschool, Program, and School. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because these amendments are providing the addition of new definitions in Rule R277-100, which will apply to newly proposed reporting requirements in Rule R277-483, as well as apply consistent definitions for application throughout Board rule. These definitions include: Alternative School, Comprehensive dropout and intervention program, ESSA, Preschool, Program, and School. - 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 these amendments are providing the addition of new definitions in Rule R277-100, which will apply to newly proposed reporting requirements in Rule R277-483, as well as apply consistent definitions for application throughout Board rule. These definitions include: Alternative School, Comprehensive dropout and intervention program, ESSA, Preschool, Program, and School. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43510.htm No. 43511 (Repeal): R277-117. Utah State Board of Education Protected Documents. SUMMARY OF THE RULE OR CHANGE: Rule R277-122 fulfills the purpose of Rule R277-117 under the new procurement code and structure, therefore, Rule R277-117 is being repealed in its entirety. Rule R277-122 is created to protect the integrity of proposal or bidding processes in order to provide fair and equal opportunities for vendors and service providers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures because this rule no longer serves a purpose under the new procurement structure of the Board. Rule R277-122 fulfills the purpose of this rule under the new procurement code and structure. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any material impact on local governments' revenues or expenditures because this rule no longer serves a purpose under the new procurement structure of the Board. Rule R277-122 fulfills the purpose of this rule under the new procurement code and structure. - SMALL BUSINESSES: This rule repeal is not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule no longer serves a purpose under the new procurement structure of the Board. Rule R277-122 fulfills the purpose of this rule under the new procurement code and structure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because this rule no longer serves a purpose under the new procurement structure of the Board. Rule R277-122 fulfills the purpose of this rule under the new procurement code and structure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43511.htm No. 43512 (Amendment): R277-400. School Facility Emergency and Safety. SUMMARY OF THE RULE OR CHANGE: In Section R277-400-5, the following language is added: "A school official may release a student who is 15 years old or older without such notification if authorized by the LEA or school and the school official". 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 establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and LEAs in the event of school emergencies, and incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee. Requirements already exists for LEAs. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because they establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and LEAs in the event of school emergencies, and incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee. Requirements already exists for LEAs. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because they establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and LEAs in the event of school emergencies, and incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee. Requirements already exists for LEAs. - 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 establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and LEAs in the event of school emergencies, and incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee. Requirements already exists for LEAs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43512.htm No. 43532 (Amendment): R277-407. School Fees. SUMMARY OF THE RULE OR CHANGE: These rule amendments include: 1) clarified/updated definitions, including updating the definition of "fee" and subparts of that key definition; 2) clarification of existing legal requirements related to fees and fee waivers; 3) additional requirements related to an LEA governing board's fee schedule adoption requirements, including an annual April 1 deadline to adopt the schedule and a requirement that the board allow parents and other members of the public to two opportunities to provide public comment during an LEA's board meeting; 4) a requirement for LEAs to establish maximum fee amounts per student and per activity; 5) a requirement to provide notice to parents of the LEAs fee and fee waiver policies and schedules, including a requirement to publish the information in a language other than English if 20% or more of the families enrolled in the LEA speak that language; 6) update fee waiver provisions; 7) beginning with the 2020-21 school year, prohibit LEAs from using revenue collected from fees to offset the costs attributed to fee waivers; 8) a requirement that an LEA may allow a student to perform community service in lieu of a fee, but not require it; 9) establish standards for community service in LEAs; 10) provisions to prohibit required individual fundraising but allowing required group fundraising and voluntary individual fundraising; 11) beginning with the 2020-21 school year, prohibit an LEA from charging a fee for textbooks or remediation, except for a textbook fee for concurrent enrollment or AP courses, which are fee waiveable; 12) a requirement for an LEA to establish a spend plan for the revenue collected from each fee charged; 13) a requirement for the Superintendent/staff to provide ongoing training regarding Utah Code and Board rule provisions related to school fees; and 14) a new monitoring/corrective action/appeal process for LEAs compliance with the Board rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any material fiscal impact on state government revenues or expenditures because all regulatory functions are already funded and impact to revenues is at the local level. - LOCAL GOVERNMENTS: These rule changes are expected to have material impact on local governments' revenues or expenditures because this rule defines school fees, requirements to waive fees, and prohibits the charging of fees to parents and students for grades k-6, most textbooks and other items previously not considered fees. Estimated loss of local revenue ranges from $10,800,000 to $250,000,000. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because all regulatory functions are already funded and impact to revenues is at the local level. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are expected to have material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because the fees required to be paid or items that can be waived will increase and result in lower expenditures and cash outlay by parents. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have a material fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43532.htm No. 43515 (New Rule): R277-483. LEA Reporting and Accounting Requirements. SUMMARY OF THE RULE OR CHANGE: Rule R277-483 is being created to include provisions related to school level financial reporting requirements required by ESSA. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new rule is expected to have fiscal impact on state government revenues or expenditures. The rule is being created to include provisions related to school level financial reporting requirements required by ESSA. The existing Utah Public Education Financial System (UPEFS) will need to be modified over the next year to accept school level reporting requirements, generate per pupil expenditures, and create school level expenditure reports. This activity is estimated to cost 7,990 man hours for the project manager, developers, data center/hosting team at a total cost of $683,145. Existing FTEs will complete this work and current development projects on UPEFS will cease until this priority is completed. - LOCAL GOVERNMENTS: This new rule is not expected to have any material impact on local governments' revenues or expenditures because our LEAs are required to do school level accounting and reporting currently. LEAs may have to change accounting practices, train staff, or modify their financial reporting transfers to put school level data in UPEFS, but the Board does not anticipate this being a significantly material ongoing cost. - SMALL BUSINESSES: This new rule is not expected to have any material fiscal impact on small businesses' revenues or expenditures because it is being created to include provisions into rule related to school level financial reporting requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule is not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it is being created to include provisions into rule related to school level financial reporting requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This new rule has a fiscal impact on local education agencies but will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43515.htm No. 43516 (Amendment): R277-486. Professional Staff Cost Program. SUMMARY OF THE RULE OR CHANGE: The changes in Board Rule R277-486 reflect amended language in the purpose of the rule, amended definitions, plus deleted and new language throughout the sections of this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because this rule is required by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula. This rule is up for continuation and is being amended for technical and formatting purposes. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because this rule is required by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula. This rule is up for continuation and is being amended for technical and formatting purposes. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is required by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula. This rule is up for continuation and is being amended for technical and formatting purposes. - 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 this rule is required by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula. This rule is up for continuation and is being amended for technical and formatting purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43516.htm No. 43531 (Amendment): R277-495. Required Policies for Electronic Devices in Public Schools. SUMMARY OF THE RULE OR CHANGE: These rule amendments update definitions of an electronic device, require an LEA establish policies of appropriate uses and restrict uses of an electronic device under certain circumstances, modify required elements of a policy, require LEAs to ensure each school within the LEA provides training to staff and students regarding the electronic device use policy, and require LEAs to provide parental notice regarding the location of information regarding home network filtration services. 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 these rule requirements already exist in rule. Changes to required policies for electronic devices in schools are updated and clarified. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because these rule requirements already exist in rule. Changes to required policies for electronic devices in schools was updated and clarified. This rule requires notification to parents and certification in the annual assurances document, but these are tasks that are performed once a year electronically. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because these rule requirements already exist in rule. Changes to required policies for electronic devices in schools are updated and clarified. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule change are not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because these rule requirements already exist in rule. Changes to required policies for electronic devices in schools are updated and clarified. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43531.htm No. 43519 (Amendment): R277-704. Financial and Economic Literacy: Integration into Core Curriculum and Financial and Economic Literacy Student Passports. SUMMARY OF THE RULE OR CHANGE: Utah State Board of Education (Board) Rule R277-704 is amended with new language to the authority in Section R277-704-1, amended definitions in Section R277-704-2, and updated language in Sections R277-704-3 through R277-704-7, aligning the standards review process with the core standards' process. This rule is also amended to make technical and formatting changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any material fiscal impact on state government revenues or expenditures because they require the Board to work with financial and economic experts, and private and non-profit entities to develop and integrate financial and economic literacy and skills into the public school curriculum. In response to a recent state audit on this program, these amendments seek to make several changes including aligning the standards review process with the core standards' process. Estimated costs to implement work groups total $500 which is not material to the Board. These amendments will also make technical and formatting changes. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures because they require the Board to work with financial and economic experts, and private and non-profit entities to develop and integrate financial and economic literacy and skills into the public school curriculum. In response to a recent state audit on this program, these amendments seek to make several changes including aligning the standards review process with the core standards' process. These amendments will also make technical and formatting changes. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because they require the Board to work with financial and economic experts, and private and non-profit entities to develop and integrate financial and economic literacy and skills into the public school curriculum. In response to a recent state audit on this program, these amendments seek to make several changes including aligning the standards review process with the core standards' process. Endorsement and licensure requirements are already in existence, costs will not change for individuals. These amendments will also make technical and formatting changes. - 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 requires the Board to work with financial and economic experts, and private and non- profit entities to develop and integrate financial and economic literacy and skills into the public school curriculum. In response to a recent state audit on this program, these amendments seek to make several changes including aligning the standards review process with the core standards' process. These amendments will also make technical and formatting changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes have no material fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43519.htm ENVIRONMENTAL QUALITY WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 43530 (Amendment): R313-28-31. General and Administrative Requirements. SUMMARY OF THE RULE OR CHANGE: Subsection R315-28-31(2)(f)(i) is being amended except the use of low dose, whole body scanners used for security purposes in correctional facilities from the prohibited uses of x-rays. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no cost or savings to the state due to this amendment because the amendment does not exempt these types of units from annual registration and periodic inspections. The seven units already registered currently pay the annual registration fee of $35 per unit and inspection fees of $75 per unit when inspected. New units will still be required to register and pay the annual registration fee, be inspected every five years, and pay the inspection fee. It is not possible to determine how many new units will be registered. - LOCAL GOVERNMENTS: There will be no cost or savings to local governments due to this amendment because the amendment does not exempt these types of units from annual registration and periodic inspections. The seven units already registered currently pay the annual registration fee of $35 per unit and inspection fees of $75 per unit when inspected. New units will still be required to register and pay the annual registration fee, be inspected every five years, and pay the inspection fee. It is not possible to determine how many new units will be registered. - SMALL BUSINESSES: There will be no cost or savings to small businesses due to this amendment because the amended rule applies only to low dose, whole body scanners used at correctional facilities and based on a review of available data the Division is not aware of any small businesses operating correctional facilities in Utah. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no cost or savings to persons other than small businesses, businesses, or local government entities due to this amendment because the amended rule applies only to low dose, whole body scanners used at correctional facilities and based on a review of available data the Division is not aware of any persons other than small businesses, businesses, or local government entities operating correctional facilities in Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: There should be no additional compliance costs for affected persons because the amended rule simply allows for the use of low dose, whole body scanners for something other than the healing arts. It does not exempt facilities from the requirement to register x-ray units, or to have them inspected and pay the appropriate fees associated with these activities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that adoption of this rule amendment will have any fiscal impact on businesses because the amendment affects correctional facilities only, and based on a review of available data the Department is not aware of any businesses that operate correctional facilities in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43530.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43529 (Amendment): R315-15-14. DIYer Reimbursement. SUMMARY OF THE RULE OR CHANGE: Subsection R315-15-14.1(a) is amended to state that the Director will pay a semi-annual recycling fee incentive instead of a quarterly fee incentive. Subsections R315-15-14.2(a) and (c) are amended to change from a quarterly to a semi-annual payment period, and provide an additional 30 days for submission of reports. Additionally, the requirement for DIYer UOCCs to submit receipts as part of their request for reimbursement was removed from this subsection. The amount of the recycling incentive payable to registered DIYer UOCCs is being raised from $0.16 per gallon to $0.25 per gallon in Subsection R315-15-14.1(b). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the recycling incentive amount is being increased, the amount of money paid out of the Used Oil Collection Administration Restricted Account will increase. The highest volume of used oil that reimbursements were paid for was 474,205 gallons. This was reimbursed at the rate of $0.16 per gallon for an annual total of $75,873. The increase in the reimbursement rate to $0.25 per gallon would result in an increase in the amount of money payed out of the fund by $42,678 annually. Additionally, there are three state government entities that operate registered DIYer UOCCs and would be eligible for reimbursement at the new rate of $0.25 per gallon. These three entities make up approximately 0.69% of the total number of registered DIYer UOCCs and could potentially receive a total of approximately $295 between the three entities depending on how much used oil is collected. Amounts of used oil collected vary depending on many factors and it is not possible to determine if a DIYer UOCC will collect the same amount of used oil or more than was collected in the past. - LOCAL GOVERNMENTS: There are 46 local government entities that operate registered DIYer UOCCs that would be eligible for reimbursement at the new rate of $0.25 per gallon. These 46 entities make up approximately 10.6% of the total number of registered DIYer UOCCs and could potentially receive a total of approximately $4,523 between them depending on how much used oil is collected. Amounts of used oil collected vary depending on many factors and it is not possible to determine if a DIYer UOCC will collect the same amount of used oil or more than was collected in the past. - SMALL BUSINESSES: There are 350 small businesses that operate registered DIYer UOCCs that would be eligible for reimbursement at the new rate of $0.25 per gallon. These 350 businesses make up approximately 80.6% of the total number of registered DIYer UOCCs and could potentially receive a total of approximately $34,418 between them depending on how much used oil is collected. Amounts of used oil collected vary depending on many factors and it is not possible to determine if a DIYer UOCC will collect the same amount of used oil or more than was collected in the past. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is not anticipated that these rule changes will provide any direct or indirect cost or savings to persons other than small businesses, businesses, or local government entities because the Division is only aware of the registered DIYer UOCCs that will be directly impacted as stated above. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is not anticipated that compliance with these rule changes will result in any increased cost of compliance for any of the regulated entities. It is anticipated that there may be a slight decrease in costs due to the change from quarterly to semi-annual submittals of requests for reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes will result in more money being paid out of the Used Oil Collection Administration Restricted Account, however, this is the purpose of the fund. The money paid out will benefit the companies and agencies that operate registered DIYer UOCCs by helping to pay for the recycling of the used oil they collect. Recycling of used oil benefits the citizens of Utah by conserving resources and ensuring that the used oil does not end up contaminating the environment and having a negative effect on human health. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43529.htm No. 43526 (Amendment): R315-260. Hazardous Waste Management System. SUMMARY OF THE RULE OR CHANGE: The definitions of Airbag Waste, Airbag Waste Collection Facility, and Airbag Waste Handler were added to Subsection R315-260-10(c). Subsection numbering was redone to accommodate the new definitions and some typographical errors were corrected. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not affect the state budget because no state governmental agency is a vehicle manufacturer subject to provisions of the recall of Takata airbag inflators. - LOCAL GOVERNMENTS: These rule changes will not affect any local government because no local governments are vehicle manufacturers subject to provisions of the recall of Takata airbag inflators. - SMALL BUSINESSES: There are 385 car dealerships (NAICS 4411) in Utah that are small businesses that could be involved in removing and disposing of airbag inflators. These dealerships make up 80.5% of the dealerships in Utah. Most car dealerships are currently very small quantity generators of hazardous waste. With the removal of the DOT Preservation Order protections, a dealership would be required to manage the removed airbag inflators as hazardous waste which could result in dealerships becoming small quantity generators of hazardous waste. These dealerships would in turn incur the costs associated with being small quantity generators (e.g. packaging and labeling, recordkeeping, personnel training, storage, and shipping). Due to the exemptions provided by these rule changes, dealerships will not incur these costs and therefore, could see a cost savings of approximately $81.55 per year. Data to assist in making this determination was obtained from the EPA document entitled "Economic Assessment of the Safe Management of Recalled Airbags Interim Final Rule" dated October 2018. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is anticipated that if there are any persons other than small businesses, businesses, or local governments that are involved in removing airbag inflators these persons would see a cost savings with the adoption of these rule changes. However, the data is not available and would be too costly to acquire in order to be able to make a determination as to who these persons are and what the fiscal impact could be, if any. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will be no additional compliance costs for affected persons due to the adoption of these rule changes because these changes exempt persons removing airbag inflators from having to comply with several provisions that already exist in rule thus reducing the cost of compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that these rule changes will have a negative fiscal impact on any business involved in the removal of airbag inflators. Most car dealerships are currently very small quantity generators of hazardous waste. With the removal of the DOT Preservation Order protections, a dealership would be required to manage the removed airbag inflators as hazardous waste which could result in dealerships becoming small quantity generators of hazardous waste. These dealerships would in turn incur the costs associated with being small quantity generators (e.g. packaging and labeling, recordkeeping, personnel training, storage, and shipping). It is believed that these rule changes will assist in accelerating the removal of these dangerous airbag inflators. This is accomplished by exempting those businesses involved in the removal of airbag inflators from several of the regulatory requirements which results in a cost savings to those businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43526.htm No. 43527 (Amendment): R315-261. General Requirements -– Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: Subsection R315-261-4(j) was added. This subsection contains the conditions for exemption from being regulated as a hazardous waste for airbag waste. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not affect the state budget because no state governmental agency is a vehicle manufacturer subject to provisions of the recall of Takata airbag inflators. - LOCAL GOVERNMENTS: These rule changes will not affect any local government because no local governments are vehicle manufacturers subject to provisions of the recall of Takata airbag inflators. - SMALL BUSINESSES: There are 385 car dealerships (NAICS 4411) in Utah that are small businesses that could be involved in removing and disposing of airbag inflators. These dealerships make up 80.5% of the dealerships in Utah. Most car dealerships are currently very small quantity generators of hazardous waste. With the removal of the DOT Preservation Order protections, a dealership would be required to manage the removed airbag inflators as hazardous waste which could result in dealerships becoming small quantity generators of hazardous waste. These dealerships would in turn incur the costs associated with being small quantity generators (e.g. packaging and labeling, recordkeeping, personnel training, storage, and shipping). Due to the exemptions provided by these rule changes, dealerships will not incur these costs and therefore, could see a cost savings of approximately $81.55 per year. Data to assist in making this determination was obtained from the EPA document entitled "Economic Assessment of the Safe Management of Recalled Airbags Interim Final Rule" dated October 2018. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is anticipated that if there are any persons other than small businesses, businesses, or local governments that are involved in removing airbag inflators, these persons would see a cost savings with the adoption of these rule changes. However, the data is not available and would be too costly to acquire in order to be able to make a determination as to who these persons are and what the fiscal impact could be, if any. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will be no additional compliance costs for affected persons due to the adoption of these rule changes because these changes exempt persons removing airbag inflators from having to comply with several provisions that already exist in rule thus reducing the cost of compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that these rule changes will have a negative fiscal impact on any business involved in the removal of airbag inflators. Most car dealerships are currently very small quantity generators of hazardous waste. With the removal of the DOT Preservation Order protections, a dealership would be required to manage the removed airbag inflators as hazardous waste which could result in dealerships becoming small quantity generators of hazardous waste. These dealerships would in turn incur the costs associated with being small quantity generators (e.g. packaging and labeling, recordkeeping, personnel training, storage, and shipping). It is believed that these rule changes will assist in accelerating the removal of these dangerous airbag inflators. This is accomplished by exempting those businesses involved in the removal of airbag inflators from several of the regulatory requirements which results in a cost savings to those businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43527.htm No. 43528 (Amendment): R315-262. Hazardous Waste Generator Requirements. SUMMARY OF THE RULE OR CHANGE: Subsection R315-262-14(a)(5)(xi) was added. This added subsection provides the option for a very small quantity generator deliver airbag waste to an airbag collection facility or a designated facility subject to the requirements of Subsection R315- 261-4(j). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not affect the state budget because no state governmental agency is a vehicle manufacturer subject to provisions of the recall of Takata airbag inflators. - LOCAL GOVERNMENTS: These rule changes will not affect any local government because no local governments are vehicle manufacturers subject to provisions of the recall of Takata airbag inflators. - SMALL BUSINESSES: There are 385 car dealerships (NAICS 4411) in Utah that are small businesses that could be involved in removing and disposing of airbag inflators. These dealerships make up 80.5% of the dealerships in Utah. Most car dealerships are currently very small quantity generators of hazardous waste. With the removal of the DOT Preservation Order protections, a dealership would be required to manage the removed airbag inflators as hazardous waste which could result in dealerships becoming small quantity generators of hazardous waste. These dealerships would in turn incur the costs associated with being small quantity generators (e.g. packaging and labeling, recordkeeping, personnel training, storage, and shipping). Due to the exemptions provided by these rule changes, dealerships will not incur these costs and therefore, could see a cost savings of approximately $81.55 per year. Data to assist in making this determination was obtained from the EPA document entitled "Economic Assessment of the Safe Management of Recalled Airbags Interim Final Rule" dated October 2018. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: It is anticipated that if there are any persons other than small businesses, businesses, or local governments that are involved in removing airbag inflators these persons would see a cost savings with the adoption of these rule changes. However, the data is not available and would be too costly to acquire in order to be able to make a determination as to who these persons are and what the fiscal impact could be, if any. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will be no additional compliance costs for affected persons due to the adoption of these rule changes because these changes exempt persons removing airbag inflators from having to comply with several provisions that already exist in rule thus reducing the cost of compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is not anticipated that these rule changes will have a negative fiscal impact on any business involved in the removal of airbag inflators. Most car dealerships are currently very small quantity generators of hazardous waste. With the removal of the DOT Preservation Order protections, a dealership would be required to manage the removed airbag inflators as hazardous waste which could result in dealerships becoming small quantity generators of hazardous waste. These dealerships would in turn incur the costs associated with being small quantity generators (e.g. packaging and labeling, recordkeeping, personnel training, storage, and shipping). It is believed that these rule changes will assist in accelerating the removal of these dangerous airbag inflators. This is accomplished by exempting those businesses involved in the removal of airbag inflators from several of the regulatory requirements which results in a cost savings to those businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43528.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 43518 (Amendment): R512-43. Adoption Assistance. SUMMARY OF THE RULE OR CHANGE: Families who qualify for adoption assistance can make a request for a change to the amount of adoption subsidy they receive twice per year, unless they have an open case with the Division of Child and Family Services (Division). In that case, a request can be submitted as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will allow a small population of clients to be eligible for adoption subsidies paid by the Division. These clients are those who have already been granted custody and guardianship and then wish to adopt. Due to the nature of going through court to get an adoption and it being so rigorous, it is anticipated that this impact will only concern a small population of clients. Currently, many of these clients would be receiving subsidies from the Department of Workforce Services (DWS) under the Specified Relative Grant but then upon meeting specific conditions and criteria and adopting the child, it is anticipated that they would then receive an adoption subsidy instead of the specified relative grant. It is estimated that the Division will see an impact of less than $50,000 of state general funds annual due to the increased adoption subsidy costs to expand to allow this new population to receive adoption subsidies. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments due to these rule changes. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses due to these rule changes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The small group of people affected by these rule changes that would change from a monthly grant from DWS' Specified Relative Grant with the child's Medicaid to a similar monthly amount in a subsidy from Adoption Assistance with the child's Medicaid. With this transition the Department of Human Services (Department) does not anticipate a cost savings to the people that have or will be utilizing these funds. COMPLIANCE COSTS FOR AFFECTED PERSONS: The small group of people affected by these rule changes that would change from a monthly grant from DWS' Specified Relative Grant with the child's Medicaid to a similar monthly amount in a subsidy from Adoption Assistance with the child's Medicaid. With this transition the Department does not anticipate any compliance costs to those that have or will be utilizing these funds. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these rule 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 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43518.htm SUBSTANCE ABUSE AND MENTAL HEALTH No. 43505 (Amendment): R523-2-9. Distribution of Fee-On-Fine (DUI) Funds. SUMMARY OF THE RULE OR CHANGE: The local authority funding formula citation has been updated. Legislative intent for the purposing of DUI funds is emphasized. Local authorities are required to submit their plans for DUI funds in their annual area plans. Local authorities are required to submit a report to the Division of Substance Abuse and Mental Health (Division) within 60 days of the end of each fiscal year. The Division will monitor the expenditure of DUI funds during the annual site visit. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes will not have a fiscal impact on the state budget. There are several minor changes made that add clarifying language that is used in the correlating statute (Sections 62A-15-503 and 62A-15-103). Ultimately, the additions in this rule clarify the process of how the Division, along with the Local Authority Area Plans, are reviewing, reporting, and monitoring these funds. These changes being clarifying in nature will have only a negligible impact on Division workloads. - LOCAL GOVERNMENTS: These amendments are mostly clarifying in nature and do not require any additional actions from local governments than already exist. There should be no cost savings or increases at the local government level. - SMALL BUSINESSES: These rule changes will not have a fiscal impact on small businesses; these changes are clarifying in nature regarding the distribution of fee-on-fine (DUI) funds. The added language regarding the reviewing, reporting, and monitoring of these funds will not impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes will not have an impact on any persons, as these amendments purely add language that pertains to the Division and local government. These amendments are clarifying in nature, thus they do not fiscally impact any party. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are associated with these rule changes other than those that already exist from initial establishment of this 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 these proposed rule changes will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/01/2019 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: 04/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43505.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. EDUCATION ADMINISTRATION No. 43507 (5-year Review): R277-400. School Facility Emergency and Safety. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-400 continues to be necessary because it establishes general criteria for emergency preparedness and emergency response plans; and directs local education agencies (LEAs) to develop prevention, intervention, and response measures; and prepare staff and students to respond promptly and appropriately to school emergencies. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 02/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43507.htm No. 43508 (5-year Review): R277-486. Professional Staff Cost Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because this rule is to satisfy statutory or federal regulatory percentages of licensed staff, and support LEAs in recruiting and retaining highly educated and experienced educators for instructional, administrative, and other types of professional employment in public schools. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 02/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43508.htm No. 43509 (5-year Review): R277-528. Use of Public Education Job Enhancement Program (PEJEP) Funds. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-528 continues to be necessary because it provides standards and procedures for ongoing participation in PEJEP. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 02/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43509.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 43502 (5-year Review): R392-303. Public Geothermal Pools and Bathing Places. 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 recommends the continuation of Rule R392-303. This rule provides standards for the sanitary operation of a geothermal pool or bathing place, in accordance with statute. DIRECT QUESTIONS REGARDING THIS RULE TO: - Sam LeFevre by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at slefevre@utah.gov EFFECTIVE: 02/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43502.htm INSURANCE ADMINISTRATION No. 43514 (5-year Review): R590-170. Fiduciary and Trust Account Obligations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets the minimum standards to be followed by licensees who hold an insurer's or insured's funds in a fiduciary capacity. It is critical that these minimum standards be maintained intact by continuing this rule to protect the funds of the payee held in trust by the licensee. Trust violations continue to occur. The Department needs the standards set by this rule to regulate the marketplace. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 02/11/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43514.htm No. 43520 (5-year Review): R590-220. Submission of Accident and Health Insurance Filings. 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 important in requiring that the Department receive policy rate and form information from insurers. Such information is necessary to make sure there is no unfair discrimination in the coverage that health insurers provide and the rates they charge. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 02/13/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43520.htm No. 43521 (5-year Review): R590-225. Submission of Property and Casualty Rate and Form Filings. 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 important as it gives detailed instructions on how a filer must file rates, rules, binders, and forms as required by Utah statute. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 02/13/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43521.htm No. 43513 (5-year Review): R590-252. Use of Senior-Specific Certifications and Professional Designations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule sets forth standards to protect consumers from misleading and deceptive marketing practices with respect to the use of senior-specific certifications and professional designations in the solicitation, sale or purchase of, or advice made in connection with, an annuity, accident and health, or life insurance product. Seniors are often the focus of unfair methods of competition and deceptive acts or practices in the sale of insurance. This rule helps the Department regulate against these practices. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 02/11/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43513.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 43501 (5-year Review): R597-1. General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The program is mandated by Section 78A-12-101 et seq., and this rule addresses the necessary general provisions. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim by phone at 801-538-1652, or by Internet E-mail at jyim@utah.gov EFFECTIVE: 02/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43501.htm No. 43500 (5-year Review): R597-3. Judicial Performance Evaluations. 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 addresses the necessary process and policies for the Judicial Performance Evaluations, as authorized by Section 78A-12-203. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Yim by phone at 801-538-1652, or by Internet E-mail at jyim@utah.gov EFFECTIVE: 02/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43500.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43498 (5-year Review): R657-67. Utah Hunter Mentoring Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule creates a hunting mentor program that will increase hunting opportunities for Utah families and provides the procedures under which a minor child may share the permit of another to take protected wildlife, including all big game general season permits, big game limited entry permits, once-in-a-lifetime permits, all antlerless big game permits, bear, and cougar. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 02/04/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43498.htm PUBLIC SAFETY ADMINISTRATION No. 43523 (5-year Review): R698-4. Certification of the Law Enforcement Agency of a Private College or University. 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 under Subsection 53-13-103(1)(b)(xii), and is needed to establish the criteria that must be met in order for a law enforcement agency of a private college or university to be certified. Therefore, this rule should be continued. 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 EFFECTIVE: 02/14/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43523.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 43499 (5-year Review): R805-6. University of Utah Shooting Range Access and Use Requirements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The University of Utah needs this rule to comply with the statutory requirements for shooting ranges at institutions of higher education. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christopher Stout by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at christopher.stout@legal.utah.edu EFFECTIVE: 02/04/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43499.htm NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a Notice of Five-Year Review Extension (Extension) with the Office of Administrative Rules. The Extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed Extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. Extensions are governed by Subsection 63G-3-305(6). MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 43503 (Five-Year Extension): R628-19. Requirements for the Use of Investment Advisers by Public Treasurers. EXTENSION REASON: The Council has had several pressing issues in front of them for the last few months and has not had time to review this rule in their monthly meeting. These issues are taken care of and they will be able to review them in February but not before the filing deadline expires. Council will meet on 02/21/2019 and will review this rule. Staff will file the five-year review after that date. The new deadline is 06/10/2019. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 02/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43503.htm No. 43504 (Five-Year Extension): R628-20. Foreign Deposits for Higher Education Institutions. EXTENSION REASON: The Council has had several pressing issues in front of them for the last few months and has not had time to review this rule in their monthly meeting. These issues are now taken care of and they will be able to review this rule in February but not before the filing deadline expires. Council will meet on 02/21/2019 and will review this rule. Staff will file the five-year review after that date. The new deadline is 06/18/2019. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ann Pedroza by phone at 801-538-1883, by FAX at 801-538-1465, or by Internet E-mail at apedroza@utah.gov EFFECTIVE: 02/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190301/43504.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. CORRECTIONS ADMINISTRATION No. 43218 (AMD): R251-105.Applicant Qualifications for Employment with Department of Corrections Published: 10/15/2018 Effective: 02/11/2019 EDUCATION ADMINISTRATION No. 43441 (AMD): R277-122.Board of Education Procurement Published: 01/01/2019 Effective: 02/07/2019 No. 43442 (NEW): R277-308.New Educator Induction and Mentoring Published: 01/01/2019 Effective: 02/07/2019 No. 43448 (NEW): R277-910.Underage Drinking Prevention Program Published: 01/01/2019 Effective: 02/07/2019 No. 43439 (NEW): R277-912.Law Enforcement Related Incident Reporting Published: 01/01/2019 Effective: 02/07/2019 ENVIRONMENTAL QUALITY AIR QUALITY No. 43372 (AMD): R307-101-2.Definitions Published: 12/01/2018 Effective: 02/07/2019 GOVERNOR ENERGY DEVELOPMENT (OFFICE OF) No. 43223 (AMD): R362-4.High Cost Infrastructure Development Tax Credit Act Published: 10/15/2018 Effective: 02/05/2019 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43425 (AMD): R414-61-2.Incorporation by Reference Published: 01/01/2019 Effective: 02/15/2019 HUMAN SERVICES ADMINISTRATION, ADMINISTRATIVE SERVICES, LICENSING No. 43356 (AMD): R501-7.Child Placing Adoption Agencies Published: 12/01/2018 Effective: 02/12/2019 No. 43237 (AMD): R501-21.Outpatient Treatment Programs Published: 11/01/2018 Effective: 02/12/2019 INSURANCE ADMINISTRATION No. 43429 (AMD): R590-186-5.Company License Renewal Published: 01/01/2019 Effective: 02/07/2019 NATURAL RESOURCES WILDLIFE RESOURCES No. 43431 (AMD): R657-5.Taking Big Game Published: 01/01/2019 Effective: 02/07/2019 No. 43430 (AMD): R657-9.Taking Waterfowl, Wilson's Snipe and Coot Published: 01/01/2019 Effective: 02/07/2019 No. 43432 (AMD): R657-38.Dedicated Hunter Program Published: 01/01/2019 Effective: 02/07/2019 TRANSPORTATION MOTOR CARRIER No. 43443 (AMD): R909-19.Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation, and Certification Published: 01/01/2019 Effective: 02/07/2019 OPERATIONS, TRAFFIC AND SAFETY No. 43444 (AMD): R920-50.Ropeway Operation Safety Published: 01/01/2019 Effective: 02/07/2019 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/ . <> ----------------------------