---------------------------- Utah State Digest, Vol. 2019, No. 12 (June 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed May 16, 2019, 12:00 AM through May 31, 2019, 11:59 PM Volume 2019, No. 12 June 15, 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 *********************************************** SPECIAL NOTICES Notice for July 2019 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/sn161199.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 May 16, 2019, 12:00 a.m., and May 31, 2019, 11:59 p.m. are summarized in this, the June 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 15, 2019, issue of the Utah State Bulletin until at least July 15, 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 October 13, 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. AGRICULTURE AND FOOD HORSE RACING COMMISSION (UTAH) No. 43753 (Amendment): R52-7. Horse Racing. SUMMARY OF THE RULE OR CHANGE: These rule changes make it possible for the Commission to hold electronic meetings. These rule changes specify the procedures that must be followed by the Commission in order for the Commission to have an electronic meeting. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Commission consists of seven members representing the various horse racing interests in the state. These members come from all over the state. Many of the members of the Commission have to travel and the state expends $0.53 per mile to reimburse the members for their travel. Additionally, the state pays $15 per hour for the length of the meeting. The change to electronic rules would result in the state not having to pay the $0.53 per mile to the members as they would no longer be required to travel to have the meeting. It is not feasible to estimate how much the state would save from having electronic meetings due to the inability to determine which members would be participating in the phone call, as well as the continual change of membership which changes the amount of mileage that would need to be paid out. - LOCAL GOVERNMENTS: There are no anticipated costs or benefits to local governments as this rule neither requires action from nor provides benefits to local governments. - SMALL BUSINESSES: There are no anticipated costs or benefits to small businesses as this rule neither requires action from nor provides benefits to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Member of the Commission will have the benefit of not having to travel to the meetings. As many of them live outside of the Wasatch Front, the availability of electronic meetings will allow them to continue to participate in the meetings, but not have to spend so much of their time traveling to and from meetings. COMPLIANCE COSTS FOR AFFECTED PERSONS: These rule changes will not have a cost to anyone associated with this rule because there are no additional requirements to any of those affected by this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no fiscal impacts associated with these rule changes to businesses or person affected by this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov - Melissa Ure by phone at 801-538-4978, or by Internet E-mail at mure@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43753.htm ANIMAL INDUSTRY No. 43754 (Amendment): R58-18. Elk Farming. SUMMARY OF THE RULE OR CHANGE: The proposed rule changes remove the identification option of a tattoo and replaces it with a resistant electronic identification tag (RFID) and metal tags issued by USDA with the animal identification number on it. Other changes to this rule were made to clarify recordkeeping. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or benefit because there were always two forms of identification required. This change only limits the options but doesn't change the duties or responsibilities of the Department of Agriculture and Food (Department). - LOCAL GOVERNMENTS: These rule changes are not anticipated to result in any costs or savings with respect to any local governments. - SMALL BUSINESSES: The RFID tag required by this rule costs approximately $1.85 per tag. Our domesticated elk producers purchase anywhere between 20-300 RFID tags per year. The estimated cost to the producer in a year will range from $37 to $555 depending on the amount of domesticated elk they bring in each year. The USDA metal tags are free. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not anticipated to have any fiscal impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The RFID tag required by this rule cost approximately $1.85 per tag. Our domesticated elk producers purchase anywhere between 20-300 RFID tags per year. The estimated cost to the producer in a year will range from $37 to $555 depending on the amount of domesticated elk they bring in each year. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to this rule will result in a cost to the producer; however, these changes are supported by the industry. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov - Leann Hunting by phone at 801-538-7166, or by Internet E-mail at leannhunting@utah.gov - Melissa Ure by phone at 801-538-4978, or by Internet E-mail at mure@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43754.htm No. 43752 (Amendment): R58-20. Domesticated Elk Hunting Parks. SUMMARY OF THE RULE OR CHANGE: The changes to this rule establish the process for an owner of a licensed domesticated elk hunting park to purchase harvest permits, and clarifies the time frame for the harvest season. The changes establish a method for exchanging harvest permits and refunds. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget associate with the proposed changes. The changes to this rule reflect current Department of Agriculture and Food (Department) procedures. These changes are being made to solidify the procedure in rule. - LOCAL GOVERNMENTS: These rule changes are not anticipated to result in any costs or savings with respect to any local governments. - SMALL BUSINESSES: There is no cost or savings associate with the proposed changes. These changes to this rule reflect current Department procedures. These changes are being made to solidify the procedure in rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no cost or savings associate with the proposed changes. These changes to this rule reflect current Department procedures. These changes are being made to solidify the procedure in rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no cost or savings associate with the proposed changes. These changes to this rule reflect current Department procedures. These changes are being made to solidify the procedure in rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no cost or savings associate with the proposed changes. These changes to this rule reflect current Department procedures. These changes are being made to solidify the procedure in rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov - Leann Hunting by phone at 801-538-7166, or by Internet E-mail at leannhunting@utah.gov - Melissa Ure by phone at 801-538-4978, or by Internet E-mail at mure@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43752.htm PLANT INDUSTRY No. 43758 (New Rule): R68-28. Cannabis Processing. SUMMARY OF THE RULE OR CHANGE: This proposed rule sets forth the licensing requirements for those interested in processing cannabis into the approved forms to be used by medical cannabis patients. It establishes the facility requirements, as well as the additional requirements for the operation plan. This proposed rule establishes minimum requirements for storage and handling of cannabis and cannabis products, as well as the conditions that shall be maintained in a facility. In addition, this proposed rule establishes violation categories with the range of fines that may be assessed for violations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As this is a new program, the state will have the significant start cost for hiring personnel and buying equipment necessary to effectively run the medical cannabis program. The Department of Agriculture and Food (Department) will need to hire and train employees to inspect these facilities. In addition to inspectors, the Department will need to hire administrative staff to help issue the agent registration cards, to do background checks for all employees and those with 2% or greater financial or voting interest in the cannabis processing facility. The inspector will need to be out doing quarterly inspections of the facility and will need the equipment necessary to conduct the inspection. In total, the cost of the employees is estimated at $973,000 for the first year. In addition to the cost of the employees, there is $133,500 cost for the equipment, training, and transportation cost for these employees to effectively regulate this product. Additionally, the Department will need to help with the purchase and upkeep of the electronic verification system as required by Title 4, Chapter 41a. The Department anticipates contributing at least $58,500 to maintaining the system as it is key to the program. Total cost in the first year is anticipated to be $1,165,000. In the second year, the Department anticipates that cost will stay much the same with a slight increase in the amount of inspection that are necessary as more of the facilities reach their capacity. It may be necessary to hire more inspectors as the program grows in the third year, but the Department anticipates that the cost for the program will remain similar to the second year in the third year. The Department anticipates an application fee of $1,250 for each applicant. In addition, a Tier 1 processing license will have $100,000 licensing fee while a Tier 2 processor will have a $35,000 licensing fee. The cannabis processing licenses are not limited. Providing the applicants meet the qualifications, they may be issued a license. The Department has estimated that there will be at least nine qualified Tier 1 processors and seven potential Tier 2 processors. Thus, the amount of revenue generated could be at least $1,165,000 in application and licensing fees for the first year. The licensee will not have to pay the application fee after having successfully received a license. The revenue for years two and three will decreased to $1,145,000, unless additional processors apply. - LOCAL GOVERNMENTS: Local governments may experience an increase in law enforcement cost do to the nature of the product being processed. However, the Department cannot adequately estimate the cost or benefits to local governments. - SMALL BUSINESSES: This rule allows for the processing of a controlled substances in the state of Utah. This is a new and controlled industry in the state. As it has not been allowed, the proposed rule does not place any additional cost to businesses aside from the anticipated application fee of $1,250 and the licensing fee of $35,000 or $100,000 depending on the type of processing license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule allows for the growth of medical cannabis in the state. It will allow for qualified patients to have access to a quality-controlled product. However, due to the nature of the industry, it is impossible for the Department to estimate the costs or benefits to the consumer. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is anticipated to be $1,250 application fee for all those who chose to apply for a license. Those who are awarded the license will then have a $35,000 or $100,000 licensing fee. Due to this being a controlled substance and still federally illegal, there has been no prior legal growing in the state. Therefore, the only cost to the affected persons is the application and licensing fees. All other costs are the costs of engaging in the processing of medical cannabis. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This is a newly created program which will allow the growth of a controlled substance for medical use. It is necessary for the Department to ensure the safe growing, processing, and transportation of this product for the safety of the qualified patients. The application and licensing fees are necessary for the Department to run the program effectively to ensure that qualified patients receive a quality product. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kelly Pehrson by phone at 801-538-7102, or by Internet E-mail at kwpehrson@utah.gov - Melissa Ure by phone at 801-538-4978, or by Internet E-mail at mure@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/26/2019 02:00 PM, Dept. of Agriculture and Food, 350 North Redwood Road, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43758.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43747 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-55a-301, technical changes are made to the classification scope of practices, including elimination of superfluous language, clarifying scope of practice, and correction of cross-references. More substantive changes are detailed as follows: E202 Solar Photovoltaic classification is renamed the S202 Solar Photovoltaic classification. I101 General Engineering Trades Instruction Facility, I102 General Building Trades Instruction Facility, I103 Electrical Trades Instruction Facility, and I104 Plumbing Trades Instruction Facility, and I105 Mechanical Trades Instruction Facility classification are eliminated based on the changes to Section R156-55a- 302e. P202 Boiler Installation Contractor, P204 Industrial Piping Contractor, P205 Water Conditioning Equipment Contractor, P206 Solar Thermal Systems Contractor, P207 Residential Sewer Connection and Septic Tank Contractor, S390 Sewer and Waste Water Pipeline Contractor, S450 Mechanical Insulation Contractor, S470 Petroleum Systems Contractor classifications are consolidated into the S410 Boiler, Pipeline, Waste Water, and Water Conditioner Contractor classification. P203 Irrigation Sprinkling Contractor classification is consolidated into the S330 Landscaping and Recreation Contractor classification. S220 Carpentry Contractor classification is renamed the S220 Carpentry and Flooring Contractor classification. S221 Cabinet, Millwork and Countertop Installation Contractor, S222 Overhead and Garage Door contractor, S320 Steel Erection Contractor, S321 Steel Reinforcing Contractor, S322 Metal Building Erection Contractor, S323 Structural Stud Erection Contractor, S490 Flooring Contractor, and S491 Laminate Floor Installation Contractor classifications are consolidated into the S220 Carpentry and Flooring Contractor classification. The S220 Carpentry and Flooring Contractor classification scope of practice is expanded to include insulation of pipes and incidental concrete work. S230 Siding and Rain Gutter Contractor classification is renamed the S230 Masonry, Siding, Stucco, Glass, and Rain Gutter Contractor classification. S231 Rain Gutter Installation Contractor, S240 Glass and Glazing Contractor, S290 General Masonry Contractor, S291 Stone Masonry Contractor, S292 Terrazzo Contractor, S293 Marble, Tile and Ceramic Contractor, S294 Cultured Marble and S600 General Stucco Contractor are consolidated into S230 Masonry, Siding, Stucco, Glass, and Rain Gutter Contractor classification. S260 Concrete Contractor classification is renamed the S260 Asphalt and Concrete Contractor classification. S261 Concrete Form Setting and Shoring Contractor, S262 Gunnite and Pressure Grouting Contractor, and S263 Cementatious Coating Systems Resurfacing and Sealing Contractor, and S400 Asphalt Paving Contractor are consolidated into the S260 Asphalt and Concrete Contractor classification. S270 General Drywall and Plastering Contractor classification is renamed the S270 Drywall, Paint, and Plastering Contractor. S250 Insulation Contractor, S272 Ceiling Grid Systems, Ceiling Tile, and Panel Systems Contractor, S273 Light-weight Metal and Non-Bearing, and S300 General Painting Contractor classifications are consolidated into the S270 Drywall, Paint, and Plastering Contractor classification. S280 General Roofing Contractor classification is renamed the S280 Roofing Contractor. The scope of practice for the S280 Roofing Contractor is expanded to include insulating media. S310 Excavation and Grading Contractor is renamed the S310 Foundation, Excavation, and Demolition Contractor. The S460 Wrecking and Demolition Contractor and S480 Piers and Foundations Contractor classifications are consolidated into the S310 Foundation, Excavation, and Demolition Contractor classification. S330 Landscaping Contractor classification is renamed the S330 Landscape and Recreation Contractor classification. P203 Irrigation Sprinkling Contractor, S380 Swimming Pool and Spa Contractor, S420 General Fencing, Ornamental Iron and Guardrail Contractor, S421 Residential Fencing Contractor, S430 Metal Firebox and Fuel Burning Stove Installer, and S500 Sports and Athletic Courts, Running Tracks, and Playground Installation Contractor classifications are consolidated into the S330 Landscape & Recreation Contractor classification. The S330 Landscape and Recreation Contractor scope of practice is expanded to include authority to subcontract with plumbing and electrical contractors, and includes incidental asphalt work for their projects within the scope of practice. S351 Refrigerated Air Conditioning Contractor, S352 Evaporative Cooling Contractor, S353 Warm Air Hearing Contractor, S360 Refrigeration Contractor, and I105 Mechanical Trades Instruction Facility classifications are consolidated into the S350 HVAC Contractor classification. S410 Pipeline and Conduit Contractor classification is renamed the S410 Boiler, Pipeline, Waste Water, and Water Conditioner Contractor classification. The S410 Boiler, Pipeline, Waste Water, and Water Conditioner Contractor classification scope of practice is expanded to include incidental asphalt and concrete work. S441 Non-Electrical Outdoor Advertising Sign Contractor classification is consolidated into the S440 Sign Installation Contractor classification. Expands the S440 Sign Installation Contractor classification to permit subcontracting with electrical contractors for their projects. An effective date of 07/22/2019 is established to convert all current licensees to their consolidated classification. Previous classification conversion language is deleted. Subsection R156- 55a-301(6) is clarified to eliminate subclassifications that no longer exist after the effective date of the rule based on the consolidation of the classifications. Subsection R156-55a-301(7) is amended based on H.B. 187 (2019) to clarify that installation of class two or class three power-limited circuits is exempt from contractor licensing. In Section R156-55a-302a, eliminates the requirement for the trade exam for the B100, R100, or E100 classifications based on H.B. 187 (2019). In Section R156-55a-302b, clarifies the definition of "experience in the construction industry" pursuant to Subsection 58-55-302(1)(e)(ii) as more broad in scope than the definition of "construction trades" and clarifies that this experience includes paid experience regardless if as an owner, W-2, or 1099 individuals, and regardless of licensure. The experience requirement is amended to include experience in the military and experience obtained in an educational program. "Two years of full-time paid employment" as defined in Subsection 58-55-302(1)(e)(ii)(A) is clarified to mean 4,000 hours of paid employment. Clarifies that a passing score on the NASCLA (National Association of State Contractor Licensing Agencies) Accredited Examination for Commercial General Building Contractors shall satisfy the experience requirement in Subsection 58-55-302(1)(e)(ii)(A). It is also clarified that a person holding a four-year bachelors degree or a two-year associates degree in Construction Management and a person holding a Utah professional engineer license satisfy the experience requirement in Subsection 58-55- 302(1)(e)(ii)(A). In Section R156-55a-302c, deleted in its entirety based on the amendments in Section R156-55a-302e. In Section R156-55a- 302e, amends and clarifies that any school that provides instruction to students by engaging in the construction trade for the public as part of the instruction is required to be a Utah licensed contractor with the classification in the scope of practice in which the students are being instructed. No other license is required. In Section R156-55a-302f, amends rule to include 5-hour pre-licensure course for general contractors as required by H.B. 187 (2019). Clarifies exemption for pre- licensure course to include those that are qualifiers on active licenses and qualifiers without disciplinary action. Amends the rule to clarify that the 5-hour pre-license class is not required for any qualifier that has taken the 25-hour pre-license course prior to 07/01/2019 as mandated by H.B. 187 (2019). Establishes that the 5-hour pre-licensure course shall include 5 hours of training on test preparation for the topics covered in the Utah Contractors Business and Law examination. In Section R156-55a-303b, clarifies that for all contractors with a renewal cycle that ends after 01/01/2020, at least one of the six hours of continuing education for contractors shall include energy conservation. Provides that the energy conservation credit shall be "core continuing education". In Section R156-55a-304, deletes inapplicable provision based on Section R156-55a-302e. In Section R156-55a-308a, deleted provision based on Section R156-55a-302e. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No state agencies shall be directly or indirectly affected by these rule changes because the proposed changes will not result in any significant increase or decrease in administrative costs, or revenue, compared to the currently anticipated costs and revenues. Additionally, there are no state government entities acting as businesses that will be significantly impacted by these changes. Accordingly, this rule is not expected to impact the state beyond a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute the rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: Local governments will neither enforce nor be affected by the processes and requirements implemented by this rule, nor will local governments be indirectly impacted because none of the amendments create a situation requiring services from local governments. Therefore, no cost or savings to local governments are anticipated. - SMALL BUSINESSES: The changes that are grammatical or nonsubstantive are estimated to have no impact on small businesses. As for the substantive changes, the U.S. Census North American Industry Classification System (NAICS) was searched and several relevant NAICS codes were identified including: 236115, 236116, 236117, 236118, 236210, 236220, 237120, 237990, 238111, 238112, 238121, 238122, 238131, 238132, 238141, 238142, 238151, 238152, 238161, 238162, 238171, 238172, 238191, 238211, 238212, 238221, 238222, 238311, 238312, 238321, 238322, 238331, 238332, 238341, 238342, 238351, 238352, 238381, 238392, 238911, 238912, 238991, 238992. The Department of Workforce Services' (DWS) Firm Find was referenced in compiling this information. DWS Firm Find indicates that a total of 216 medium and large businesses and 9,781 small businesses in Utah will be covered by these rule changes. Notwithstanding the number of small businesses, based on the NAICS codes, the analysis herein does not change. With respect to the substantive changes: first, small businesses may be impacted by the expanded or clarified scope of practice for the various classifications. These impacts are impossible to determine because the clarification and expansion of the applicable classifications does not necessarily result in a net increase or decrease of cost, or value to the licensee or applicant as there is no way to determine if they will actual practice in the expanded or clarified scope beyond their current work. Second, small businesses may be impacted by consolidated classification and expanded scope of practice which may reduce the number of potential fines for practicing beyond the scope of licensure. However, since it is impossible to determine whether the consolidation of classifications or expanded scope of practice will increase compliance with the unprofessional conduct provisions, there is no direct cost attributable to these changes. Future violations of unprofessional conduct cannot be quantified. Third, small businesses may be required to take the additional five-hour pre-licensure class as required by H.B. 187 (2019). An average of 11,000 contractors apply for licensure every year. This figure includes non-small and small businesses. It is estimated that the additional five-hour pre-licensure course will cost an additional $60 per applicant. It is estimated that the contractors needing the five-hour pre-licensure course are doing so to increase the scope of licensure and thus increase their economic benefit, opportunities, and productivity. The economic benefit from taking the extra five-hour pre-licensure course will be at least $60 or greater for the licensed contractors and especially when considering the benefit over the lifetime of the license. Of note, the fiscal note for H.B. 187 (2019) indicated that no cost increase was attributed to any individuals or businesses, including small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: With respect to the changes that are grammatical or nonsubstantive, those changes will have no impact on other persons. With respect to the other changes, there is no perceivable impact of these rule amendments on other persons. Based on the fiscal note for H.B. 187 (2019), no cost increase was attributed to any individuals or businesses, including small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: With respect to the changes that are grammatical or nonsubstantive, those changes will have no impact on affected persons. With respect to other changes, there are no individual impacts based on these rule amendments because contractor licenses are issued only to small and non-small business entities, and not individuals. As a result, any individual impacts are reflected in the impacts to small and non-small businesses. Based on the fiscal note for H.B. 187 (2019), no cost increase was attributed to any individuals or businesses. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of this rule filing is to comply with the changes established by H.B. 187 (2019) and to make substantive and other technical changes as approved by the Construction Services Commission. In Section R156-55a-301, technical changes to the classification scope of practices, including elimination of superfluous language, clarifying scope of practice, and correction of cross-references. An effective date of 07/22/2019 is established to convert all current licensees to their consolidated classification. Previous classification conversion language is deleted. Subsection R156-55a-301(6) is clarified to eliminate subclassifications that no longer exist after the effective date of the rule based on the consolidation of the classifications. Subsection R156- 55a-301(7) is amended based on H.B. 187 (2019) to clarify that installation of class two or class three power-limited circuits is exempt from contractor licensing. In Section R156-55a-302a, eliminates the requirement for the trade exam for the B100, R100, or E100 classifications based on H.B. 187 (2019). In Section R156-55a-302b, clarifies the definition of "experience in the construction industry" pursuant to Subsection 58-55-302(1)(e)(ii) as more broad in scope than the definition of "construction trades" and clarifies that this experience includes paid experience regardless if as an owner, W-2, or 1099 individuals, and regardless of licensure. The experience requirement is amended to include experience in the military and experience obtained in an educational program. "Two years of full-time paid employment" as defined in Subsection 58-55-302(1)(e)(ii)(A) is clarified to mean 4,000 hours of paid employment. Clarifies that a passing score on the NASCLA Accredited Examination for Commercial General Building Contractors shall satisfy the experience requirement in Subsection 58-55-302(1)(e)(ii)(A). It is also clarified that a person holding a four-year bachelors degree or a two-year associates degree in Construction Management and a person holding a Utah professional engineer license satisfy the experience requirement in Subsection 58-55- 302(1)(e)(ii)(A). In Section R156-55a-302c, deleted in its entirety based on the amendments in Section R156-55a-302e. In Section R156-55a- 302e, amends and clarifies that any school that provides instruction to students by engaging in the construction trade for the public as part of the instruction is required to be a Utah licensed contractor with the classification in the scope of practice in which the students are being instructed. No other license is required. In Section R156-55a-302f, amends rule to include 5-hour pre-licensure course for general contractors as required by H.B. 187 (2019). Clarifies exemption for pre- licensure course to include those that are qualifiers on active licenses and qualifiers without disciplinary action. Amends the rule to clarify that the five-hour pre-license class is not required for any qualifier that has taken the 25-hour pre-license course prior to 07/01/2019 as mandated by H.B. 187 (2019). Establishes that the five-hour pre- licensure course shall include five hours of training on test preparation for the topics covered in the Utah Contractors Business and Law examination. In Section R156-55a-303b, clarifies that for all contractors with a renewal cycle that ends after 01/01/2020, at least one of the six hours of continuing education for contractors shall include energy conservation. Provides that the energy conservation credit shall be "core continuing education". In Section R156-55a-304, deletes inapplicable provision based on Section R156-55a-302e. In Section R156- 55a-308a, deleted provision based on Section R156-55a-302e. Small Business: The changes that are grammatical or nonsubstantive are estimated to have no impact on small businesses. As for the substantive changes, the U.S. Census North American Industry Classification System (NAICS) was searched and more than ten relevant NAICS codes were identified. For a complete listing of NAICS codes used in this analysis, please contact the agency. DWS Firm Find was referenced in compiling this information. DWS Firm Find indicates that a total of 216 medium and large businesses and 9,781 small businesses in Utah will be covered by these changes. Notwithstanding the number of small businesses, based on the NAICS codes, the analysis herein does not change. With respect to substantive changes: First, small businesses may be impacted by the expanded or clarified scope of practice for the various classifications. These impacts are impossible to determine because the clarification and expansion of the applicable classifications does not necessarily result in a net increase or decrease of cost or value to the licensee or applicant as there is no way to determine if they will actually practice in the expanded or clarified scope beyond their current work. Second, small businesses may be impacted by consolidated classification and expanded scope of practice which may reduce the number of potential fines for practicing beyond the scope of licensure. However, since it is impossible to determine whether the consolidation of classifications or expanded scope of practice will increase compliance with the unprofessional conduct provisions, there is no direct cost attributable except to these changes. Future violations of unprofessional conduct cannot be quantified. The fiscal note for H.B. 187 (2019) provided that no cost increase was attributed to any individuals or business, including small businesses. The rule changes conform the rule to the statute and result in no fiscal impacts outside of the parameters of H.B. 187 (2019). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Chris Rogers by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at crogers@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 06/26/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43747.htm EDUCATION ADMINISTRATION No. 43728 (Repeal and Reenact): R277-462. Comprehensive Counseling and Guidance Program. SUMMARY OF THE RULE OR CHANGE: Utah State Board of Education (Board) Rule R277-462 has been amended to provide more clarity regarding existing program approval requirements. These amendments include incorporating by reference the State Board of Education's School Counseling, Model Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government's revenues or expenditures. This rule contains standards and procedures for a local education agencies (LEA) applying for funds appropriated for the School Counseling Program; outlines counselor to student ratios; and contains provisions for a LEA not meeting the minimum school counselor to student ratio. This rule is amended due to passage of H.B. 81 (2019). The School Counseling Program is funded through a state appropriation and the amended provisions do not contain substantive changes, and thus this rule change will not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule contains standards and procedures for an LEA applying for funds appropriated for the School Counseling Program; outlines counselor to student ratios; and contains provisions for a LEA not meeting the minimum school counselor to student ratio. This rule is amended due to passage of H.B. 81 (2019). The School Counseling Program is funded through a state appropriation and the amended provisions do not contain substantive changes, and thus this rule change will not have a fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule is for the School Counseling Program, and thus does not apply to small businesses. - 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. This rule is for the School Counseling Program, and thus does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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 07/15/2019 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: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43728.htm No. 43733 (Amendment): R277-503. Licensing Routes. SUMMARY OF THE RULE OR CHANGE: This rule is amended to add a sunset date of 06/30/2020 and to establish a transition procedure for educators who may be in the ARL pipeline at the time the rule sunsets. It also directs the Board staff to cease accepting new applications for the program on 11/01/2019. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on state government revenues or expenditures. In the Board's redesign of the educator licensing system, the need for this rule has been eliminated. Thus, this rule change adds a sunset date of 06/30/2020 and establishes a transition procedure for educators who may be in the ARL pipeline at the time this rule sunsets. It also directs staff to cease accepting new applications for the program on 11/01/2019. This change will not have any fiscal impact because it will not bring in any revenue or cause additional expenditures. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures. In the Board's redesign of the educator licensing system, the need for this rule has been eliminated. Thus, this rule change adds a sunset date of 06/30/2020 and establishes a transition procedure for educators who may be in the ARL pipeline at the time the rule sunsets. It also directs staff to cease accepting new applications for the program on 11/01/2019. This change will not have any fiscal impact because it will not bring in any revenue or cause additional expenditures for local governments. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to educator licensing and thus does not apply to small businesses since the Board is responsible for educator licensing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. In the Board's redesign of the educator licensing system, the need for this rule has been eliminated. Thus, this rule change adds a sunset date of 06/30/2020 and establishes a transition procedure for educators who may be in the ARL pipeline at the time the rule sunsets. It also directs staff to cease accepting new applications for the program on 11/01/2019. This change will not have any fiscal impact because it will not bring in any revenue or cause additional expenditures for other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This rule change has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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 07/15/2019 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: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43733.htm No. 43732 (Amendment): R277-604. Private School, Home School, and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests. SUMMARY OF THE RULE OR CHANGE: The Utah State Board of Education (Boards) updated language in Rule R277-604 to include the names of the current state assessments and update citations throughout the 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. This rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests is being updated to reflect changes in state assessments. These updates are to reflect the names of the current state assessments and correct citations, and thus it does not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests is being updated to reflect changes in state assessments. These updates are to reflect the names of the current state assessments and correct citations, and thus it does not have a fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests is being updated to reflect changes in state assessments, and thus does not apply to small businesses. - 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. This rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests is being updated to reflect changes in state assessments, and thus does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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 07/15/2019 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: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43732.htm No. 43729 (New Rule): R277-622. School-based Mental Health Qualified Grant Program. SUMMARY OF THE RULE OR CHANGE: Board Rule R277-622 establishes the procedures for a local education agency (LEA) to receive a School-based Mental Health Qualified Grant including: plan submission process, format, and requirements; funding distribution methods; and additional requirements including reporting and accountability. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed new rule is not expected to have any fiscal impact on state government revenues or expenditures. This rule is being enacted due to the passage of H.B. 373 (2019). The grant program is funded through a state appropriation, and thus this rule will not have an independent fiscal impact. - LOCAL GOVERNMENTS: This proposed new rule is not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being enacted due to the passage of H.B. 373 (2019). The grant program is funded through a state appropriation, and thus this rule will not have an independent fiscal impact. - SMALL BUSINESSES: This proposed new rule is not expected to have any material fiscal impact on small businesses' revenues or expenditures. This rule applies to a grant program for school-based mental health funded through a state appropriation, and thus does not directly apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed new rule is not expected to have any material fiscal impacts on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to a grant program for school-based mental health funded through a state appropriation, and thus does not directly apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This proposed new rule has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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 07/15/2019 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: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43729.htm No. 43731 (Amendment): R277-716. Alternative Language Services for Utah Students. SUMMARY OF THE RULE OR CHANGE: The Utah State Board of Education (Board) amended language throughout this rule updating references to outdated assessments and eliminated provisions that are no longer needed since the passage of the Every Student Succeeds Act (ESSA), 20 U.S.C. Sec. 1001, et seq. 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. This rule is revised to update references to outdated assessments and to eliminate provisions that are no longer needed since the passage of the ESSA. These rule changes will not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is revised to update references to outdated assessments and to eliminate provisions that are no longer needed since the passage of the ESSA. These rule changes will not have a fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule is revised to update references to outdated assessments and to eliminate provisions that are no longer needed since the passage of the ESSA. These rule changes will not have a fiscal impact. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any material fiscal impacts on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is revised to update references to outdated assessments and to eliminate provisions that are no longer needed since the passage of the ESSA. These rule changes will not have a fiscal impact. 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 Program Analyst at the Utah State Board of Education, Jill Curry, 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 07/15/2019 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: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43731.htm No. 43730 (New Rule): R277-927. Teacher and Student Success Act (TSSA) Program. SUMMARY OF THE RULE OR CHANGE: Rule R277-927 establishes standards for the Board's distribution of student and teacher success program money to local education agencies (LEAs); sets standards governing an LEA's distribution of student and teacher success program money to each school within the LEA; and establishes certain accountability standards related to the student and teacher success program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed new rule is not expected to have any fiscal impact on state government revenues or expenditures. This rule is being enacted due to the passage of S.B. 149 (2019). This program is funded through an appropriation from the Teacher and Student Success Account, and thus this rule will not have an independent fiscal impact. - LOCAL GOVERNMENTS: This proposed new rule is not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being enacted due to the passage of S.B. 149 (2019). This program is funded through an appropriation from the Teacher and Student Success Account, and thus this rule will not have an independent fiscal impact. - SMALL BUSINESSES: This proposed new rule is not expected to have any material fiscal impact on small businesses' revenues or expenditures. This rule is being enacted due to the passage of S.B. 149 (2019). This program is a state program, and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed new rule is not expected to have any material fiscal impacts on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is being enacted due to the passage of S.B. 149 (2019). This program is a state program, and thus does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non- small businesses with a NAICS code 611110). This proposed rule has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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 07/15/2019 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: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43730.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43755 (Repeal): R357-8. Allocation of Private Activity Bond Volume Cap. SUMMARY OF THE RULE OR CHANGE: This rule is being repealed because H.B. 23 passed during the 2018 General Session, moved and renumbered provisions related to private activity bonds from the Governor's Office of Economic Development to the Department of Workforce Services. That change makes this rule obsolete. This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. The repeal of this rule requires no action or compliance by any persons. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments. The repeal of this rule requires no action or compliance by any persons. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. The repeal of this rule requires no action or compliance by any persons. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The repeal of this rule requires no action or compliance by any persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The repeal of this rule requires no action or compliance by any persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this rule repeal 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 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43755.htm HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 43757 (Amendment): R384-201. School-Based Vision Screening for Students in Public Schools. SUMMARY OF THE RULE OR CHANGE: In the 2019 General Session, the statute on vision screening was revised. The Utah Department of Health (Department) will now oversee the school vision screening program. The school vision screening program is now required in all Utah public schools. These revisions to statute required changes to this rule. Because the revisions are extensive, it is necessary to repeal the old rule and reenact new language. Changes include moving the oversight of the vision screening program from the Division of Services to the Blind and Visually Impaired to the Department, requiring vision screening be done in specific grades, vision screening being comprised of tier 1 and tier 2 screening, the creation of training modules by the Department for vision screening, eliminating the state database for students who fail the vision screening, the creation of a symptoms questionnaire, and adding annual reporting requirements for local education agencies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department (EPICC Program) will monitor the vision screening requirement in Utah public schools. It is estimated that this rule will cost the EPICC program $32,000 annually, starting with FY 2020, to monitor. The EPICC program is expected to experience an ongoing direct fiscal cost of $32,000. - LOCAL GOVERNMENTS: Across the state of Utah 1,253 public schools (elementary and secondary schools NAICS 611110) will be required to provide vision screening to students. It is estimated that the cost to each school will be a one-time cost for equipment of $102, and an ongoing cost of $905 for school nurse salary and benefits. Local governments are expected to experience direct fiscal costs of $1,261,771 (one-time FY 2020), and $1,133,965 ongoing. - SMALL BUSINESSES: There are six types of healthcare providers who are currently allowed by statute to provide the vision screening required to enter Utah schools: optometrist (NAICS 621320), MD physician (NAICS 621111), DO physician (NAICS 621111), advance practice registered nurse (NAICS 621399), physician assistant (NAICS 621399), and vision therapist (NAICS 621399). Only two of these six types of providers are classified as eye care professionals (optometrist and ophthalmologist) who may provide a comprehensive eye exam for referrals when a student is not able to pass the vision screening. It is not possible to determine the number of referrals to an eye care professional. It is also not possible to determine the number of optometry and ophthalmology offices, and to further determine if those offices are small businesses or non-small businesses. The precise fiscal benefit to small healthcare provider business cannot be estimated due to the unavailability of data and high cost of conducting research to determine the estimates. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are 658,952 students in Utah public schools that could experience an inestimable indirect non-fiscal benefit by receiving vision screening at no cost to their family. These screenings can detect many vision difficulties that may have gone undetected and untreated. It is difficult to estimate the monetary value of good vision health. An exact estimate of the non-fiscal benefit to these students is not possible because the data necessary to determine the benefit is not available. COMPLIANCE COSTS FOR AFFECTED PERSONS: The cost for FY 2020 is $1,293,771. The cost for FY 2021 and ongoing will be $1,165,965. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses may see a fiscal benefit if the school uses an outside healthcare provider who is qualified to provide vision screening. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - BettySue Hinkson by phone at 801-538-6814, or by Internet E-mail at bhinkson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43757.htm NATURAL RESOURCES PARKS AND RECREATION No. 43759 (Amendment): R651-411. OHV Use in State Parks. SUMMARY OF THE RULE OR CHANGE: The Code had been changed moving the definition of an OHV to another location in the Code. The definitions are listed alphabetically, and when a new definition was added to the Code, it moved the OHV definition down the list from 13 to 14. These rule amendments update that reference and allow for park visitors to ride their OHVs within state parks in designated areas, which could provide an added experience for them. It also replaces the word "user" under Subsection R651-411-2(2) and replaces it with the word "operator" and adds the Code reference for that. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to the state budget as this rule amendment changes the rule to be in line with the Code which was changed at some point moving the definition of OHV down the list from 13 to 14. The amendment also adds clarification for park visitors to be able to ride their OHVs within state parks in designated areas. - LOCAL GOVERNMENTS: There is no cost or savings to local governments as these rule changes bring this rule in line with the Code and to add clarification for park visitors to add an additional experience if they choose to ride OHVs within state parks in designated areas. It does not affect local governments. - SMALL BUSINESSES: There is no cost or savings to small businesses as this amendment fixes the list of definitions that include OHVs that was changed at some point in the Code. The amendment also adds clarification for park visitors to be able to ride OHVs within state parks in designated areas and have an additional experience. It does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no additional cost or savings to persons other than small businesses, businesses, or local government entities because these amendments bring this rule in line with the Code regarding the definition of OHVs that was found to be changed at some point. The amendment also adds clarification for park visitors to be able to ride OHVs within state parks in designated areas. This could add another experience for park visitors if they so choose. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for persons affected by these amendments because there are no costs to move the definition to the proper place to be in line with the Code, and there are no costs to park visitors if they choose to add an additional experience while visiting a state park by riding their OHV within state parks in designated areas. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These rule changes should have very little effect on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43759.htm No. 43756 (Amendment): R651-615. Motor Vehicle Use. SUMMARY OF THE RULE OR CHANGE: The portion of this rule being removed has restricted OHV riding within Utah state parks. The Division would like to remove the portion of this rule that restricts OHV riding withing Utah state parks to allow for more recreational opportunities for park visitors. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: A portion of this rule is being removed and another rule amended to clarify that park visitors can ride OHVs in designated areas within state parks. There is no cost or savings to the state budget anticipated with this removal. (EDITOR'S NOTE: The proposed amendment to Rule R651-411 is under Filing No. 43759 in this issue, June 15, 2019, of the Bulletin.) - LOCAL GOVERNMENTS: The portion of this rule restricting OHV riding within Utah state parks is being removed to allow for park visitors to ride within state parks. There is no cost or savings to local governments. - SMALL BUSINESSES: This rule amendment does not affect small businesses. It is removing a portion of this rule that restricts OHV use for visitors within state parks, which could allow the visitor to have an additional experience within a park. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment would do away with the restriction for riding OHVs within Utah state parks. There is no cost or savings involved to remove the restriction to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to affected persons. The portion of this rule being removed will allow for less restrictive use of OHVs within state parks. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change should have a positive impact on business as OHV use is promoted. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43756.htm WATER RIGHTS No. 43743 (Repeal and Reenact): R655-13. Stream Alteration. SUMMARY OF THE RULE OR CHANGE: Subsection 73-2-1(4)(d) establishes and clarifies the procedures necessary to obtain approval by the state engineer for any project that proposes to alter a natural stream within the state of Utah. The old rule has a different method of describing the affected areas of streams where the jurisdiction lies. The new rule just simplified the process to a single method. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost involved; clarification of processing does not require a dollar figure. - LOCAL GOVERNMENTS: No cost involved; clarification of processing does not require a dollar figure. - SMALL BUSINESSES: No cost involved; clarification of processing does not require a dollar figure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost involved; clarification of processing does not require a dollar figure. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost involved; clarification of processing does not require a dollar figure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact; clarification of processing does not require a dollar figure. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/25/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43743.htm WILDLIFE RESOURCES No. 43741 (Amendment): R657-5. Taking Big Game. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) establish Handgun-Archery-Muzzleloader-Shotgun-Only hunts; 2) add a definition for "Immediate Family Member"; 3) allow a person to obtain both a desert bighorn sheep and Rocky Mountain bighorn sheep permit in the same year; 4) set the requirements to remove bighorn sheep from domestic sheep operations; and 5) make technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments either clarify current regulations or set protocol for new hunts, all of these changes can be initiated within the current workload and resources of the Division of Wildlife Resources (DWR). Therefore, DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since these proposed amendments make adjustments to current regulations and add protocol for establishing new hunts, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These proposed rule amendments will not directly impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments do not have the potential to create a cost impact to those individuals wishing to participate in hunting opportunities. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for those participating in big game hunting in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43741.htm No. 43724 (Amendment): R657-37. Cooperative Wildlife Management Units for Big Game or Turkey. SUMMARY OF THE RULE OR CHANGE: The proposed amendments to this rule will: 1) expand the Landowner Association member definition to include CWMU employees, agents, and volunteers who are acting under the direction of an operator; 2) eliminate different hunt boundaries for multiple species on a single CWMU; 3) require a landowner or lessee with agricultural interests inside the CWMU to sign a waiver releasing all claims for depredation assistance on the property; 4) require CWMU's to notify the Division of Wildlife Resources (DWR) of land-ownership changes within the CWMU; 5) require an operator to disclose any areas excluded from hunting in the CWMU management plan; 6) prohibit the CWMU from harassing wildlife in an effort to retain animals on the property, unless authorized by DWR to limit agricultural damage to neighboring lands; 7) allow a management buck hunt on the CWMU if there is a current management buck hunt on the unit that the CWMU lies within; 8) simplify muzzleloader elk season dates to match the standard 61-day elk season; 9) set August 1 deadline for the donation of vouchers through reciprocal agreements; 10) designates an individual who will administer and coordinate reciprocal agreements; 11) require the CWMU to provide an annual report; and 12) make technical corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule are for the purpose of clarifying for both the CWMU operators and DWR, the implementation and running of the CWMU program. DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: The amendments to this rule are for the purpose of clarifying for both the CWMU operators and DWR, the implementation and running of the CWMU program. DWR has determined that these amendments do not create a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule are for the purpose of clarifying for both the CWMU operators and DWR, the implementation and running of the CWMU program. DWR has determined that these amendments do not create a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule are for the purpose of clarifying for both the CWMU operators and DWR, the implementation and running of the CWMU program. DWR has determined that there are no additional compliance costs associated with these amendments. 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 amendments will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43724.htm No. 43736 (Amendment): R657-41. Conservation and Sportsman Permits. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) set requirements for conservation organizations, that left the program in good standing, re-entering the conservation permit program; 2) change deadlines associated with applications, dates permits must be sold, and funds reported and transferred to the DWR from September 1 to August 15; 3) clarify how conservation permit vouchers may be allocated, obtained, and distributed; 4) align the voucher redemption process with the electronic application; 5) clarify that a person can obtain a conservation permit for both a Desert and Rocky Mountain bighorn ram in a single year; 6) strengthen administrative enforcement language; 7) allow conservation organization officers, volunteers, and members to bid on conservation permits in a public auction; and 8) make technical corrections as needed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments clarify ambiguity in the current rule but does not change the overall process or purpose of the rule. DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since these amendments only add clarity and consistency to a program that is already established, this filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments simply create more consistency and clarity to an already established program, therefore, these amendments do not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments simply create more consistency and clarity to an already established program, therefore, these amendments do not have the potential to generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for conservation organizations wishing to participate in the conservation permit program in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43736.htm No. 43723 (Amendment): R657-44. Big Game Depredation. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to the above listed rule: 1) expand the "damage incident period" definition from a set 90 days to include any period of time between July 1 and June 30 that is identified in the mitigation plan; 2) expand the "Mitigation Permit" definition to include immediate family member or employee of the landowner or lessee: 3) define "Depredation Mitigation Plan"; 4) add definitions for "immediate family member", "Landowner", and "Lessee"; 5) better define the process for issuing a stop-kill order, as well as the appeal process; 6) add the option of two-doe pronghorn permits; 7) remove the buck and doe pronghorn permit restriction; 8) and make technical corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule are for the purpose of clarifying for both landowners participating in the depredation program and DWR, the implementation of the depredation program. DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since these changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: The amendments to this rule are for the purpose of clarifying for both landowners participating in the depredation program and DWR, the implementation and running of the depredation program. DWR has determined that these amendments do not create a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule are for the purpose of clarifying for both landowners participating in the depredation program and DWR, the implementation and running of the depredation program. DWR has determined that these amendments do not create a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that these amendments will not create additional costs for landowners participating in the depredation program. 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 amendments will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43723.htm No. 43725 (Amendment): R657-62. Drawing Application Procedures. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to allow for youth group applications for antlerless big game species. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment allows for the group application of youth hunters during the antlerless application process, it does not create a cost or savings to DWR. Therefore, DWR has determined that this amendment will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with the existing budget. - LOCAL GOVERNMENTS: Since this amendment only allows for an increased opportunity for youth hunters to successfully draw an antlerless permit as a group, this rule amendment does not create any direct cost or savings impact to local governments since they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amended rule allows for youth group applications to be submitted for antlerless big game species, the addition will not create a savings or additional cost to those applying. Therefore, DWR has determined that it would not generate a cost or savings impact to small businesses as a service is not required for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amended rule allows for youth group applications to be submitted for antlerless big game species, the addition will not create a savings or additional cost to those applying. Therefore, DWR has determined that it would not generate a cost or savings impact to other persons wanting to participate in hunting these species. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR has determined that this amendment would not create a cost or savings impact to youth hunters who wish to apply as a youth group during the antlerless application process. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43725.htm TRANSPORTATION OPERATIONS, AERONAUTICS No. 43722 (New Rule): R914-4. Challenging Corrective Action Orders. SUMMARY OF THE RULE OR CHANGE: This new rule provides a procedure by which an owner of an aircraft may challenge the Department of Transportation's (Department) calculation of the average wholesale value of an aircraft and other actions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department anticipates this proposed new rule will have a direct fiscal impact on the state's budget. The Department will provide an officer to preside over challenge proceedings pursuant to this rule. The aggregate fiscal impact of this new rule is unknown and impossible to estimate until after the rule has been in effect long enough to assess the number of challenges that are filed under the rule. - LOCAL GOVERNMENTS: This proposed new rule will not have a fiscal impact on local governments because they are exempt from property taxes, and this new rule relates to challenging valuation of aircraft for property tax purposes. - SMALL BUSINESSES: This proposed new rule will not have a direct fiscal impact on small businesses. This new rule provides businesses and individuals a process to follow to exercise their due process right to challenge the Department's valuation of aircraft for taxation purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed new rule will not have a direct fiscal impact on persons other than small businesses, businesses, or local government entities. This new rule provides businesses and individuals a process to follow to exercise their due process right to challenge the Department's valuation of aircraft for taxation purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this proposed new rule. Any affected person may file a challenge under this rule without cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed new rule will not have a fiscal impact on businesses generally. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel by phone at 269-217-7091, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43722.htm PRECONSTRUCTION No. 43742 (Amendment): R930-7. Utility Accommodation. SUMMARY OF THE RULE OR CHANGE: These proposed rule changes will accommodate the projected increase in demand for encroachment permits to access its right of way that development of fifth generation (5G) mobile broadband technology is certain to cause. These proposed changes: 1) clarify businesses to which the rule applies and makes numerous other clarifications; 2) add a definition for "buffer zone"; 3) delete the definition for "License Agreement or Statewide Utility License Agreement"; 4) add a definition for "Small Wireless Facility"; 5) change the definition of "Utility" or "utility facility" to reflect the definition included in Section 72-6-116; 6) add several requirements a utility company must satisfy to install a facility within the Department's right of way; 7) increase the liability insurance minimum to $3,000,000 from $2,000,000 in aggregate to conform to current state risk management policy; 8) make several material changes to the depth of bury requirements; 9) add a requirement that utility companies submit documentation requesting installation on a highway structure to the Department through the Department’s permitting system for review and possible approval; 10) add a requirement that all components of the utility attachment be protected from corrosion; 11) allow existing utility facilities to remain within the right of way acquired for an interstate, freeway, or access-controlled highway project may remain if they remain outside of the pavement section and within five feet of the outer most right of way limits; 12) clarify the restriction against utility companies beginning any utility construction work on the Department's right of way until the required permit is issued and notice to proceed is given to the utility company by the Department; 13) clarify that utility companies are responsible to maintain their facilities and liability for all harm that that may arise that is related to or as a result of its utility facilities and appurtenances, whether operational, out of service, or abandoned, on or in the Department right of way or Department property; 14) clarify that other than highway appurtenances, the Department is not responsible to maintain any facility within the highway right of way or UDOT property; and 15) make technical and grammatical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department anticipates these proposed amendments may lead to increased enforcement costs that will impact the state budget. However, additional costs may be offset by savings to the state budget attributable to increases in overall safety for those installing new facilities in the right of way, decreased likelihood of one utility company damaging an existing facility belonging to the state or another utility, and an overall increase in efficiency to the permitting system. Increased costs and savings are speculative at present and cannot be quantified with any degree of accuracy. - LOCAL GOVERNMENTS: The Department does not believe these proposed amendments will lead to any compliance costs for local governments unless the local governments in question are bearing the costs of installing a utility facility in the Department right of way. However, because the cost of the impact, a local government may incur in such instances will vary based on geographic location and attendant variables it is not possible to estimate what the compliance costs will be with any degree of accuracy at present because the Department has no way to determine which new facilities will be affected. - SMALL BUSINESSES: The Department anticipates that these proposed changes may lead to increased costs for businesses, small and non-small. New depth of bury requirements may require utilities to install facilities deeper that they have been. This change is necessary to protect facilities already installed and to protect the safety of workers installing facilities. The increase in the liability insurance minimum to $3,000,000 from $2,000,000 in aggregate to conform to current state risk management policy may lead to increased costs for businesses. The aggregate amount of the additional costs to businesses cannot be determined at present. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department believes that these proposed amendments may lead to compliance costs for persons other than businesses and local governments if the entity installing a utility facility on the Department's right of way is able and determines to pass all or a portion of the compliance costs it incurs to such other persons. However, it is impossible to estimate what such compliance costs might be with any accuracy at present. COMPLIANCE COSTS FOR AFFECTED PERSONS: The general public may be affected by compliance costs being passed along through the economy by utility companies affected by these rule changes. This pass-along of compliance costs is speculative and impossible to quantify at this time. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed rule changes may have a fiscal impact on businesses in general, but the Department is unable to confirm or estimate that possible impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel by phone at 269-217-7091, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43742.htm No. 43745 (Amendment): R930-8. Utility Relocations Required by Highway Projects. SUMMARY OF THE RULE OR CHANGE: These proposed rule changes: 1) delete the definition of "utility facility" in the existing rule; 2) change the requirement that reimbursement for relocation costs be determined by 23 CFR Section 645 sub-part A to 23 CFR Section 645, 103, 107, 109, 111, 113, 115, and 117; and 3) make other technical or grammatical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate that these proposed rule changes will cause a fiscal impact to the state's budget. The Department proposes these rule changes so that this rule does not conflict with the amended Section 72-6-116. - LOCAL GOVERNMENTS: The Department does not anticipate that these proposed rule changes will cause a fiscal impact to local governments. The Department proposes these rule changes so that this rule does not conflict with the amended Section 72-6-116. - SMALL BUSINESSES: The Department does not anticipate that these proposed rule changes will cause a fiscal impact to businesses, small or non-small. The Department proposes these rule changes so that this rule does not conflict with the amended Section 72-6-116. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate that these proposed rule changes will cause a fiscal impact to persons other than small businesses, businesses, or local government entities. The Department proposes these rule changes so that this rule does not conflict with the amended Section 72-6-116. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate that these proposed rule changes will lead to compliance costs for any person. The Department proposes these rule changes so that this rule does not conflict with the amended Section 72-6-116. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed changes should not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel by phone at 269-217-7091, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43745.htm WORKFORCE SERVICES HOUSING AND COMMUNITY DEVELOPMENT No. 43746 (New Rule): R990-200. Private Activity Bonds. SUMMARY OF THE RULE OR CHANGE: This proposed rule provides definitions in addition to those provided for in statute. This rule outlines the application process, applicant qualification, and the criteria utilized by the PAB Review Board (Board) to determine the allocation of the federally-provided volume cap amount for each type of applicant. This rule also outlines the process for requesting extension of bond allocation or a Carryforward Certificate. This rule also describes the circumstances under which the Board may revoke allocation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impact on state government revenues or expenditures because the program is a self-funded program through fees. This rule does not alter the amount of fees received by the program and therefore, there is no new cost or savings to the state. - LOCAL GOVERNMENTS: This proposed rule is not expected to have any fiscal impact on local governments' revenues or expenditures because the program does not deal directly with or impact local governments. A small positive impact could be realized in increased local tax revenue provided by the applicants when utilizing bonds to create or grow their housing or manufacturing project in any given local municipality. - SMALL BUSINESSES: This proposed rule is expected to have indirect positive fiscal impact on small businesses' revenues or expenditures because it provides a more transparent process for an applicant ascertaining the viability of their application. Otherwise, there is no impact to small businesses because this rule does not address any general business practices outside of offering a different financing mechanism. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons impacted will most likely be housing developers. This proposed rule is expected to have indirect positive fiscal impacts on other persons' revenues or expenditures because it provides a more transparent process for an applicant ascertaining the viability of their application. Otherwise, there is no impact to such persons because this rule does not address any general business practices outside of offering a different financing mechanism. COMPLIANCE COSTS FOR AFFECTED PERSONS: This proposed rule requires the submission of fees with applications and extension requests, as well as a certificate fee upon award of PAB allocation. The Board is required to charge reasonable fees pursuant to Subsection 35A-8-2104(8). The proposed rule does not establish the amount of the fees. Currently, there is a $1,500 to $3,000 first-time application fee for all those who apply for a PAB allocation. The fee is dependent on the amount of allocation sought. There is currently a $750 to $1,500 resubmission fee for projects that were previously submitted, approved, and which received an allocation of volume cap, but were not able to issue the bonds. There is currently a $300 per million dollars of volume cap received confirmation fee for applications approved by the PAB Board. There is currently a $0 to $4,000 extension fee, dependent on the number of extensions requested by the applicant. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The potential fiscal impact to businesses as a result of this rule is positive in regards to the potential financing that some businesses can qualify to receive. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/15/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at ampeck@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43746.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES ADMINISTRATION No. 43744 (5-year Review): R13-2. Management of Records and Access to Records. 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 makes the Department's processes associated with management of, and access to, records more transparent. It is in the best interest of the public to inform them in advance where to direct requests for records, and at what level the Department manages its records. This rule also provides for access to permanent and historical records in custody of the Division of Archives and Records Service. Therefore, this rule should be continued. The Department intends to file an amendment within the coming months. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kenneth Hansen by phone at 801-538-3010, or by Internet E-mail at khansen@utah.gov EFFECTIVE: 05/29/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43744.htm EDUCATION ADMINISTRATION No. 43739 (5-year Review): R277-462. Comprehensive Counseling and Guidance 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 the rule establishes standards and procedures for entities applying for funds appropriated for Comprehensive Counseling and Guidance Programs administered by the Board, establishes counselor to student ratios as a requirement for all secondary schools, establishes provisions for local education agencies (LEAs) not meeting the minimum counselor to student ratios, and directs that LEA and building level policies and practices shall free licensed school counselors for appropriate identified activities with secondary students. 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: 05/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43739.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43734 (5-year Review): R357-7. Utah Capital Investment Board. 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 required under Sections 63N-6-203, 63N-6-401, 63N- 6-406, and 63N-6-408. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov EFFECTIVE: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43734.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43740 (5-year Review): R414-7A. Medicaid Certification of New Nursing Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements the adjudicative process to administer Medicaid certification of new nursing facilities. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/24/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43740.htm No. 43751 (5-year Review): R414-31. Inpatient Psychiatric Services for Individuals Under Age 21. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it allows individuals who are under 21 years of age and reside in the Utah State Hospital to receive psychiatric care. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/31/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43751.htm No. 43749 (5-year Review): R414-49. Dental, Oral and Maxillofacial Surgeons and Orthodontia. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it defines the scope of dental services available under the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) program. It will also continue this rule because it expands the scope of dental services available to segments of the population that include pregnant members, blind or disabled members, Targeted Adult Medicaid members, and members who are eligible for emergency dental services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/31/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43749.htm No. 43750 (5-year Review): R414-502. Nursing Facility Levels of Care. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it defines the levels of care that nursing facilities may provide for Medicaid members. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/31/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43750.htm No. 43748 (5-year Review): R414-503. Preadmission Screening and Resident Review. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements PASRR requirements to evaluate nursing facility residents who need treatment for serious mental illness or intellectual disability. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/31/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43748.htm HUMAN SERVICES RECOVERY SERVICES No. 43727 (5-year Review): R527-450. Federal Tax Refund Intercept. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides the information necessary for certifying a child support debt for federal tax refund intercept, for making necessary refunds and adjustments, and for distributing collected amounts. The federal statutory provisions upon which this rule is based are still in effect. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@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 - Scott Weight by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov EFFECTIVE: 05/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43727.htm INSURANCE ADMINISTRATION No. 43737 (5-year Review): R590-171. Surplus Lines Procedures Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule defines the authority of the Surplus Lines Association, outlines the conditions for placing insurance with surplus lines insurers, and provides examination requirements for the Surplus Lines Association. This rule is necessary to provide a measure of accountability for the Surplus Lines Association and how this line of insurance is sold in Utah. 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: 05/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43737.htm No. 43738 (5-year Review): R590-230. Suitability in Annuity Transactions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is critical that this rule continue to be in force so producers and insurers may have standards and procedures to follow when making financial recommendations to consumers who are considering the purchase of an annuity product. These recommendations require that the insurance needs and financial objectives of the consumer must be taken into account at the time of the transaction. 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: 05/23/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43738.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43726 (5-year Review): R657-46. The Use of Game Birds in Dog Field Trials and Training. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-46 provides the requirements, standards, and application procedures for the use of game birds in dog field trials and training. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success for the use of game birds in dog field trials and training. 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: 05/20/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43726.htm TRANSPORTATION MOTOR CARRIER No. 43735 (5-year Review): R909-2. Utah Size and Weight Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R909-2 in integral to the Department's duty to regulate the Motor Carrier industries in Utah. Without this rule, the Department cannot fulfill its responsibilities delegated by the Motor Carrier Safety Act and the Federal Motor Carrier Safety Regulations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov - Josh Dangel by phone at 269-217-7091, or by Internet E-mail at jdangel@utah.gov - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov EFFECTIVE: 05/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190615/43735.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. EDUCATION ADMINISTRATION No. 43609 (REP): R277-102.Adjudicative Proceedings Published: 04/15/2019 Effective: 05/23/2019 No. 43610 (REP): R277-105.Recognizing Constitutional Freedoms in the Schools Published: 04/15/2019 Effective: 05/23/2019 No. 43619 (NEW): R277-115.LEA Supervision and Monitoring Requirements of Third Party Providers and Contracts Published: 04/15/2019 Effective: 05/23/2019 No. 43618 (REP): R277-119.Discretionary Funds Published: 04/15/2019 Effective: 05/23/2019 No. 43624 (NEW): R277-304.Teacher Preparation Programs Published: 04/15/2019 Effective: 05/23/2019 No. 43623 (AMD): R277-552.Charter School Timelines and Approval Processes Published: 04/15/2019 Effective: 05/23/2019 No. 43621 (AMD): R277-700.The Elementary and Secondary School General Core Published: 04/15/2019 Effective: 05/23/2019 No. 43622 (NEW): R277-720.Reimbursement Program for Early Graduation from Competency-Based Education Published: 04/15/2019 Effective: 05/23/2019 No. 43620 (AMD): R277-726.Statewide Online Education Program Published: 04/15/2019 Effective: 05/23/2019 HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43608 (AMD): R426-8.Emergency Medical Services Ground Ambulance Rates and Charges Published: 04/15/2019 Effective: 07/01/2019 INSURANCE ADMINISTRATION No. 43615 (AMD): R590-225-3.Documents Incorporated by Reference Published: 04/15/2019 Effective: 05/22/2019 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43603 (AMD): R746-310.Uniform Rules Governing Electricity Service by Electric Utilities Published: 04/15/2019 Effective: 05/22/2019 REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 43566 (AMD): R805-3.Overnight Camping and Campfires on University of Utah Property Published: 04/01/2019 Effective: 05/22/2019 SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 43613 (AMD): R850-5-300.Royalties Published: 04/15/2019 Effective: 06/01/2019 No. 43616 (R&R): R850-21.Oil, Gas and Hydrocarbon Resources Published: 04/15/2019 Effective: 06/01/2019 TRANSPORTATION PRECONSTRUCTION No. 43602 (AMD): R930-6.Access Management Published: 04/15/2019 Effective: 05/22/2019 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/ . <> ----------------------------