---------------------------- Utah State Digest, Vol. 2019, No. 14 (July 15, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 15, 2019, 12:00 AM through July 1, 2019, 11:59 PM Volume 2019, No. 14 July 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 August 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/2019/20190715/sn161307.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 June 15, 2019, 12:00 a.m., and July 1, 2019, 11:59 p.m. are summarized in this, the July 15, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the July 15, 2019, issue of the Utah State Bulletin until at least August 14, 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 November 5, 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 PLANT INDUSTRY No. 43842 (New Rule): R68-29. Quality Assurance Testing on Cannabis. SUMMARY OF THE RULE OR CHANGE: This proposed rule sets forth the requirements for the testing of cannabis and cannabis products. This rule establishes the levels for pesticides, residual solvents, heavy metals, and other contaminants that products must meet in order to be available. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no cost or benefits to the state as this proposed rule only sets limits for that must be followed by the industry. While the Department of Agriculture and Food (Department) may be asked to conduct quality assurance testing, those cost are funded through other related programs. - 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: In the event that a sample does not pass the quality assurance standards as stated in this rule, a small business will not be able to offer their product for sale in the state. They will also have the cost associated with the destruction of the products lots or batch for failure to pass a test. However, it is impossible at this time for the Department to determine those cost at this time. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule establishes limits for pesticides, residual solvents, heavy metals, and other contaminants in cannabis and cannabis products. This proposed rule does not impose any additional financial requirement on persons, nor generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: In the event that a sample does not pass the quality assurance standards as stated in this rule, a business will not be able to offer their product for sale in the state. They will also have the cost associated with the destruction of the products lots or batch for failure to pass a test. As cannabis has been previously illegal under state law, the full impact to these businesses cannot be estimated as the necessary data is not available to the Department. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In the event that a sample does not pass the quality assurance standards as stated in this rule, a small business will not be able to offer their product for sale in the state. They will also have the cost associated with the destruction of the products lots or batch for failure to pass a test. As cannabis has been previously illegal under state law, the full impact to these businesses cannot be estimated as the necessary data is not available to the Department. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 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: - 08/08/2019 02:00 PM, Dept. of Agriculture and Food, 350 North Redwood Road, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43842.htm No. 43843 (New Rule): R68-30. Independent Cannabis Testing Laboratory. SUMMARY OF THE RULE OR CHANGE: This proposed rule sets forth the licensing requirements for those interested in competing for an independent cannabis testing laboratory. This rule establishes the facility requirements, as well as the additional requirements for the operation plan. 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 a significant starting 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 needs 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 independent cannabis testing laboratory. The inspector will need to be out doing inspections of the laboratory and will need the equipment necessary to conduct the inspection. In total the cost of the employees is estimated at $216,000 for the first year. In addition to the cost of the employees, there is $30,000 cost for the equipment and training 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 $13,000 to maintaining the system as it is key to the program. Total cost in the first year is anticipated at $259,000. In the second year, the Department anticipates that cost will stay much the same with a slight increase in the amount of inspections that are necessary as more of the facilities reach their capacity and the laboratories are conducting more tests. 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 $500 for each applicant. In addition, the successful independent cannabis testing laboratory will have a $15,000 licensing fee. The Department anticipates there will be at least seven interested parties. Thus, the amount of revenue generated could be at least $108,500 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 decrease to $105,000. - 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: This rule allows for the testing of controlled substances for sale in the state of Utah. This is a new and controlled industry in the state. As it has not been allowed, this proposed rule does not place any additional cost to the business aside from the anticipated application fee of $500 and the licensing fee of $15,000. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule allows for the testing of medical cannabis for sale 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 $500 application fee for all those who chose to apply for a license. Those who are awarded the license will then have a $15,000 licensing fee. Due to this being a controlled substance and still federally illegal, there has been no prior legal market 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 testing 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 testing 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 08/14/2019 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: - 08/08/2019 02:00 PM, Dept. of Agriculture and Food, 350 North Redwood Road, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43843.htm ATTORNEY GENERAL ADMINISTRATION No. 43836 (New Rule): R105-4. Child Protection Registry. SUMMARY OF THE RULE OR CHANGE: This new rule transfers the establishment and operation of the Child Protection Registry from the Division of Consumer Protection to the Internet Crimes Against Children Unit of the Utah Attorney General's Office. (EDITOR'S NOTE: The proposed repeal of Rule R152-39 is under Filing No. 43845 in this issue, July 15, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no net change as this rule transfers the operation of the Child Protection Registry from one state agency to the other. - LOCAL GOVERNMENTS: This rule does not have an impact on local governments. - SMALL BUSINESSES: This rule does not have an impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule does not have an impact on other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The head of the Department, Sean Reyes, Utah Attorney General, has signed off on this analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michelle Kfoury by phone at 801-865-2015, or by Internet E-mail at mkfoury@agutah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43836.htm COMMERCE CONSUMER PROTECTION No. 43845 (Repeal): R152-39. Child Protection Registry Rule. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is being repealed by the Division, and will be reenacted by the OAG with nonsubstantive amendments reflecting the shift in administrative and enforcement authority from the Division to the OAG. Thus, there is no anticipated net impact to the state budget. - LOCAL GOVERNMENTS: There are no anticipated net costs or savings to local governments. Local governments are not directly involved with the enforcement of this rule or its enabling statute. - SMALL BUSINESSES: There are no anticipated net costs or savings to small businesses. Marketers are charged a $0.005 fee per email sent, or less when a marketer sends certain volumes of email, as authorized by S.B. 8, passed in the 2019 General Session. This proposed repeal does not impact the authorized fee. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated net costs or savings to other persons. Marketers are charged a $0.005 fee per email sent, or less when a marketer sends certain volumes of email, as authorized by S.B. 8, passed in the 2019 General Session. This proposed repeal does not impact the authorized fee. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated change in compliance costs for affected persons. Marketers are charged a $0.005 fee per email sent, or less when a marketer sends certain volumes of email, as authorized by S.B. 8, passed in the 2019 General Session. This proposed repeal does not impact the authorized fee. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule is being repealed by the Division and will be reenacted by the OAG with nonsubstantive amendments reflecting the shift in administrative and enforcement authority from the Division to the OAG. The proposed repeal of this rule will have no fiscal impact or benefit to small businesses. The OAG will have enforcement responsibility going forward and costs will remain unchanged to small businesses. Similarly, the proposed repeal of this rule will have no fiscal impact or benefit to non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Daniel Larsen by phone at 801-530-6145, or by Internet E-mail at dblarsen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43845.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43825 (Amendment): R156-31b. Nurse Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-31b-102(14), the proposed amendment conforms the definition of the "delegator" who may delegate certain tasks to another person to the requirements of Subsections 58-31b-102(15) and 58-31b-502(9) of the Nurse Practice Act, and Section R156-31b-701 of the Nurse Practice Act Rule. Instead of the delegator being defined generically as "a person", the delegator is more specifically defined as "a licensed nurse directly responsible for a patient's care". In Subsection R156-31b-102(35), the proposed amendment deletes the citation to Subsection R156-1-102a(4) and instead incorporates the detailed definitions and types of supervision of that subsection. The Board recommends this change to facilitate nurse licensees' understanding of and familiarity with nurse supervision requirements. In Section R156-31b-701, the proposed amendment: 1) makes numerous nonsubstantive formatting changes throughout this section to reorganize and renumber the rule for clarity; 2) provides a method in which the delegating nurse can review initial and ongoing competency documentation; 3) provides direction to the delegating nurse to document physical or verbal demonstrations of delegated tasks if the employing facility or agency does not require demonstration of competency or does not provide competency documentation that is satisfactory to the delegator, or if a delegated task falls outside of tasks in which the delegatee has previously shown competency; and 4) removes the word "physician" to provide generalization for the term medical assistant. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments may indirectly impact state departments who employ nurses as it clarifies the requirements for delegation of duties in nursing, who may delegate and the process for delegation, as well as a requirement for documentation of the competency to perform the duties. It is estimated that these proposed rule changes will almost entirely impact those receiving healthcare in homecare settings. The majority of the healthcare facilities will have delegation practices of patient/resident individualized care as further defined by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and the Centers of Medicare and Medicaid Services (CMS). Therefore, this analysis will focus on home health, hospice, and personal care agencies. The NAICS code is 621610. The following are estimates related to the state budget costs: There are zero state-owned agencies in Utah out of a possible 332 agencies (source: Department of Workforce Services (DWS) Firm Find, 02/26/2019). However, these proposed rule changes may result in a slight increase in a state surveyor's time in reviewing sample number of charts for home health, hospice, and personal care agencies. These agencies are surveyed every two to three years. Therefore, this updated rule could result in an estimated extra 15 minutes per survey to review the delegation. Therefore, $27.08/hr X 0.25/hr (15 minutes) per surveying nurse X 332 agencies/3 (estimate that each agency is surveyed once every three years) = $749.21 cost for the surveying agency each year. Lastly, there would be a minimal cost to the Division of Occupational and Professional Licensing (Division) of approximately $75 to print and distribute the rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: These proposed amendments may indirectly impact local governments who employ nurses as it clarifies the requirements for delegation of duties in nursing, who may delegate, and the process for delegation, as well as a requirement for documentation of the competency to perform the duties. It is estimated that these proposed rule changes will almost entirely impact those receiving healthcare in homecare settings. The majority of the healthcare facilities will have delegation policies further defined by JCAHO and CMS. Therefore, this analysis will focus on home health, hospice, and personal care agencies. The NAICS code is 621610. There are an estimated 3 local government-owned agencies in Utah out of a possible 332 healthcare agencies (DWS Firm Find and Health Facility Licensing Certification and Resident Assessment, 02/26/2019). It is estimated that the average wage rate of a nurse that delegates is $27.08/hr. It is estimated that the 3 county-owned agencies impacted could employ 5 nurses per agency and be impacted by the rule change. It is estimated that the time for a nurse delegator to teach a task would be 5 minutes, 2 minutes for the delegator to listen to the delegatee demonstrate appropriate performance of the task and 3 minutes for delegator to document the demonstration in writing. Therefore, the total additional time is estimated to be 10 minutes per delegated task. It is estimated that each nurse would delegate 6 specialized tasks per year since almost all of the delegated tasks would be considered routine care. If an unlicensed aide proves competency in the skill and the nurse is satisfied with this level of competency, then the actual assignment of the aide to a specific patient or multiple similar patients would involve simply a brief discussion about the unique needs of a given patient to whom the aide is assigned. This would be part of the regular assignment process. Additionally, many agencies already have implemented skill checks upon hire and annually thereafter. Additionally, these proposed rule changes do not prescribe how the documentation is to be carried out, therefore any impact would vary according to individual business policies. The impact for local governments would be estimated to be $4.51 per 10 minutes of the nurse's time. This equates to 3 agencies affected X 5 nurses employed per agency X 6 specialized tasks per year X $4.51/task = $405.90 for an annualized cost. An annualized cost per agency is $135.30. It is assumed that the cost per task would increase by 1% per year for inflation/wage increases. - SMALL BUSINESSES: These proposed amendments may indirectly impact small businesses (less than 50 employees) who employ nurses as it clarifies the requirements for delegation of duties in nursing, who may delegate and the process for delegation, as well as a requirement for documentation of the competency to perform the duties. It is estimated that these proposed rule changes will almost entirely impact those receiving healthcare in homecare settings since the majority of the healthcare facilities will have delegation policies further defined by JCAHO and CMS. Therefore, this analysis will focus on home health, hospice, and personal care agencies. The NAICS code is 621610. There are an estimated 284 small business (less than 50 employees) owned healthcare agencies in Utah out of a possible 332 (DWS Firm Find, 02/26/2019). It is estimated that the average wage rate of a nurse that delegates is $27.08/hr. It is estimated that the 284 small businesses impacted could employ 3 nurses/agency and be impacted by the rule change. It is further estimated that the time for a nurse delegator to teach a task would be 5 minutes, 2 minutes for the delegator to listen to the delegatee demonstrate appropriate performance of the task and 3 minutes for delegator to document the demonstration in writing. Therefore, the total additional time is estimated to be 10 minutes per delegated task. It is estimated that each nurse would delegate 6 specialized tasks per year since almost all of the delegated tasks would be considered routine care, if an unlicensed aide proves competency in the skill and the nurse is satisfied with this level of competency, then the actual assignment of the aide to a specific patient or multiple similar patients would involve simply a brief discussion about the unique needs of a given patient to whom the aide is assigned. This would be part of the regular assignment process. Additionally, many agencies have already implemented skill checks upon hire and annually thereafter. Additionally, these proposed rule changes do not prescribe how the documentation is to be carried out, therefore any impact would vary according to individual business policies. The impact for the small businesses would be estimated to be $4.51 per 10 minutes of the nurse's time. This equates 284 agencies X 3 nurses employed per agency X 6 specialized tasks per year X $4.51/task = $23,055.12 for an annualized cost. An annualized per agency cost would be $81.18. It is assumed that the cost per task would increase by 1% per year for inflation/wage increases. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are approximately 42,033 licensed nurses in Utah that could potentially be impacted by these proposed amendments, including Licensed Practical Nurses (LPN), Registered Nurses (RN), Certified Nurse Midwifes (CNM), Advanced Practice Registered Nurses (APRN) and Certified Registered Nurse Anesthetists (CRNA). Only 1,317 nurses are projected to be impacted annually. There are approximately 10,903 uncertified and certified nursing assistants, 2,890 home health aides and 8,430 personal care aides within Utah. It is estimated that each delegated act will take 2 minutes for the delegatee to demonstrate appropriate performance of the task to the delegator. A blended wage rate is assumed to be $11.66/hr. Two minutes of an aide’s time equates to $0.39. This equates to 1,317 total nurses providing delegated tasks X 6 specialized tasks per year X $0.39/task = $3,081.78 total annualized cost for compliance costs for affected persons (individualized impact). The annualized cost per agency would be $9.28. It is assumed that the cost per task would increase by 1% per year for inflation/wage increases. These proposed rule changes are not expected to have any fiscal impact on other persons. There might be a very small cost of processing the additional time by the agency payroll processor linked to overtime, but most agencies utilize computerized timekeeping which would reduce the projected cost to virtually zero. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are not expected to impose compliance costs on any affected persons except as described above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Small Businesses: These proposed amendments may indirectly impact small businesses who employ nurses as it clarifies the requirements for delegation of duties in nursing, who may delegate, and the process for delegation, as well as a requirement for documentation of the competency to perform the duties. It is estimated that these proposed rule changes will almost entirely impact those receiving healthcare in homecare settings since the majority of traditional healthcare facilities will have delegation policies further defined by JCAHO and CMS. Therefore, this analysis will focus on home health, hospice and personal care agencies. The NAICS code is 621610. There are an estimated 284 small business-owned healthcare agencies in Utah out of a possible 332 healthcare agencies (DWS Firm Find, 02/26/2019). The impact on small businesses would result in an annual cost of approximately $23,000. An annualized per healthcare agency cost would be $81. It is assumed that the cost per task would increase by 1% per year for inflation/wage increases. Non-Small Businesses: There are an estimated 42,033 licensed nurses in Utah and an estimated 45 non-small businesses impacted by these rule changes. Based upon the foregoing assumptions, the impact for non-small businesses would result in an annual cost of approximately $12,177. An annualized per agency cost would be $270. It is assumed that the cost per task would increase by 1% per year for inflation/wage increases. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 08/05/2019 09:30 AM, Heber Wells bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43825.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43833 (Amendment): R414-1-12. Utilization Review. SUMMARY OF THE RULE OR CHANGE: These amendments update and clarify utilization review of hospital services, and remove criteria that defers to Rule R414-2B. (EDITOR'S NOTE: The proposed repeal of Rule R414-2B is under Filing No. 43835 in the issue, July 15, 2019, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because these changes only update and clarify policy for utilization review. They do not affect member services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide utilization review under the Medicaid program. - SMALL BUSINESSES: There is no impact on small businesses because these changes only update and clarify policy for utilization review. They do not affect member services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and Medicaid members because these changes only update and clarify policy for utilization review. They do not affect member services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because these changes only update and clarify policy for utilization review. They do not affect member services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43833.htm No. 43834 (Amendment): R414-2A. Inpatient Hospital Services. SUMMARY OF THE RULE OR CHANGE: These changes include a new definition on intensive physical rehabilitation, include a new section on reporting routine services, update requirements on hospital admission, clarify coverage and limitations, and update criteria for utilization control and review. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because these changes only update and clarify policy for inpatient hospital services. They neither affect member services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide inpatient hospital services under the Medicaid program. - SMALL BUSINESSES: There is no impact on small businesses because these changes only update and clarify policy for inpatient hospital services. They neither affect member services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and Medicaid members because these changes only update and clarify policy for inpatient hospital services. They neither affect member services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because these changes only update and clarify policy for inpatient hospital services. They neither affect member services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43834.htm No. 43835 (Repeal): R414-2B. Inpatient Intensive Physical Rehabilitation Services. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety and no longer necessary because all policy for inpatient hospital services is implemented by Rule R414-2A. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only consolidates existing policy. It does not affect member services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they do not fund or provide inpatient hospital services under the Medicaid program. - SMALL BUSINESSES: There is no impact on small businesses because this change only consolidates existing policy. It does not affect member services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and Medicaid members because this change only consolidates existing policy. It does not affect member services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this change only consolidates existing policy. It does not affect member services nor provider reimbursement. 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 repeal will not result in 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 08/14/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43835.htm No. 43832 (New Rule): R414-23. Provider Enrollment. SUMMARY OF THE RULE OR CHANGE: This new rule includes definitions and requirements that implement policy for provider revalidation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule only implements current practice for provider revalidation. It neither affects member services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide services under the Medicaid program. - SMALL BUSINESSES: There is no impact on small businesses because this rule only implements current practice for provider revalidation. It neither affects member services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no new impact on Medicaid providers and Medicaid members because this rule only implements current practice for provider revalidation based on federal regulation. It neither affects member services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional costs to a single Medicaid provider or to a Medicaid member because this rule only implements current practice for provider revalidation based on federal regulation. It neither affects member services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43832.htm No. 43837 (New Rule): R414-71. Early and Periodic Screening, Diagnostic and Treatment Program. SUMMARY OF THE RULE OR CHANGE: This new rule specifies criteria for eligibility and access to the EPSDT Program. It also outlines coverage for Medicaid members who are eligible to receive EPSDT services. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule only implements current policy for the EPSDT Program. It neither affects member services nor provider reimbursement. - LOCAL GOVERNMENTS: There is no impact on local governments because they neither fund nor provide services under the EPSDT Program. - SMALL BUSINESSES: There is no impact on small businesses because this rule only implements current policy for the EPSDT Program. It neither affects member services nor provider reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and Medicaid members because this rule only implements current policy for the EPSDT Program. It neither affects member services nor provider reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because this rule only implements current policy for the EPSDT Program. It neither affects member services nor provider reimbursement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43837.htm No. 43830 (Amendment): R414-516. Nursing Facility Non-State Government- Owned Upper Payment Limit Quality Improvement Program. SUMMARY OF THE RULE OR CHANGE: These amendments specify when programs must submit a compliance form to the Division of Medicaid and Health Financing (DMHF). They also clarify Range of Motion (ROM) program requirements, specify which providers must complete ROM and mobility assessments for residents, and further clarify how programs may earn QI points. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because these changes only clarify requirements for participation in the QI Program. - LOCAL GOVERNMENTS: There is no impact on local governments because these changes only clarify requirements for participation in the QI Program. - SMALL BUSINESSES: There is no impact on small businesses because these changes only clarify requirements for participation in the QI Program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact on Medicaid providers and residents because these changes only clarify requirements for participation in the QI Program. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a resident because these changes only clarify requirements for participation in the QI 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 changes will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 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 THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43830.htm CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 43831 (Repeal): R436-55. Hemp Extraction Registration. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety because the Medical Cannabis Act outlines different requirements for the use of cannabis products. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a loss of the fees collected for the registration. - LOCAL GOVERNMENTS: No impact on local governments because they do not issue hemp extraction cards. - SMALL BUSINESSES: No impact on small businesses, as they neither received, nor paid funds for, extraction registration cards. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals will not be required to pay the $200 initial fee or the $50 annual fee for the hemp extraction card. COMPLIANCE COSTS FOR AFFECTED PERSONS: Individuals will no longer need to purchase or renew a hemp extraction registration card. 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 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 08/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Linda Wininger by phone at 801-538-6262, or by Internet E-mail at lindaw@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43831.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43850 (Amendment): R523-7. Certification of Designated Examiners and Case Managers. SUMMARY OF THE RULE OR CHANGE: The changes are: a) "Certified" is added to the title; b) "Case managers" is added to the purpose; c) citations to the Utah Medicaid Provider Manual are updated; d) homeless services and service providers are added as a sector that now requires certification for case managers; e) acceptable supervision of certified case managers is clarified; f) certification itself is clarified as being required for non-licensed professionals; g) experience is clarified to be specifically 400 hours in human services or related fields prior to application; h) a bachelor's degree is added as a qualifying scholastic credential experience; i) the required case management practicum is clarified to be 40 hours and Division approved; j) continuing education unit (CEU) credits are replaced with training hours; k) applications and requests to waive requirements can only be approved by the Division director or designee; l) certification follows the case manager between jobs if the provider is a qualifying employer; m) a more defined corrective action process is described; l) continuing education is clarified to required four hours ethics and three hours suicide prevention; o) request for information about conduct must be provided within 30 days or certification is automatically revoked; p) failure of the Division administered exam has been clarified to twice within 30; and q) agencies are no longer required to notify the Division when a certified case manager separates from employment. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are potential costs to the Department of Human Services/Division in printing and mailing certificates, and time in reviewing applications and providing certificates. The Division does not have clear understanding of how many potential new applications will be received due to the expansion of certification for homeless service agencies, but the cost to create a certificate is about $0.90 per certificate which includes bonded paper, gold seal, printing, signature and mail costs. Per-event time costs can be set at around 17 minutes per application. This calculation includes review of the application, receipt of information that a passing score was achieved, recording of the certification in the Division database, production of the certificate, singing the certificate and mailing the certificate. Based on these calculations, it will cost the Division an additional $0.90 and 17 minutes to process all new case management certifications that are generated by the changes in this rule. There is no way to calculate the number of new applicants at this time, so the total costs to the Division are inestimable. These rule changes have the potential of benefiting Division of Child and Family Services (DCFS) and the Division of Juvenile Justice Services (DJJS). Both agencies receive a portion of the child Medicaid carve out funding that was instituted by the Department of Human Services, to provide behavioral health services to children and youths through the Local Mental Health and Substance Abuse Authorities. Neither agency is currently able to bill Medicaid for Targeted Case Management in behavioral health, because certification for case managers has been limited to the local authorities, and Case Management Certification is required to bill behavioral health Targeted Case Management. The changes being proposed at this time, open Case Management Certification to any agency providing Targeted Case Management services. Gaining access to this money would be a slight challenge, because it would require both DCFS and DJJS to enter into some type of billing agreements with the local authorities in their areas, allowing them to bill the local authority directly if they offer behavioral health case management. The reason for this process is that the local authorities are the agencies that currently hold and control the Capitated Medicaid Behavioral Health contracts and the only ones to receive Medicaid reimbursements from the federal government. The billing rate would be $13.64 per quarter hour of service. The Division has contacted both sister agencies and has been informed that neither one is interested in negotiating Targeted Case Management payments from the local authorities at this time. - LOCAL GOVERNMENTS: These amendments are mostly clarifying in nature and do not require any additional actions from local governments than already exist. - SMALL BUSINESSES: There are both a potential cost and benefits to agencies (624221 Temporary Shelters) receiving funds for homeless services. Anticipated costs are time, financial and unmeasurable. Anticipated time costs include the amount of time it will take an employee to study and take the Division approved test, the amount of time that each employee will need to complete and document the 30 hours of training to maintain their certification, and the time needed for the employee's supervisor to review, grade and report on the Division approved test that will be administered. Anticipated financial costs include and reimbursement for training hour classes that might be offered to an employer. The anticipated unmeasurable cost is the agency productivity loss, in any one employee, because of reallocated time to certify and maintain certification. The Division has been unable to estimate these costs because there are too many variables. The benefit to these agencies is $13.64 per quarter hour that can be billed to Medicaid for Targeted Case Management, and the number of agencies that qualify for this benefit is 20, based on the 20 agencies receiving homeless services funds. There are again, too many variables to determine which agencies will be billing Medicaid and the total number of clients and billable hours to estimate a total benefit to these agencies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are both a potential cost and benefit to individuals who receive a Case Management Certification, and work for a homeless shelter that receive homeless service funds. Costs are both time and financial. Anticipated time costs include the amount of time it will take an individual to study, and take the Division approved test, and the amount of time needed to complete, document, and report the 30 hours of training hours to maintain certification. The anticipated financial costs include and costs of training hour courses if reimbursement from the employer is not available. The Division has been unable to estimate these costs because there are too many variables. The financial benefit to these individuals include possible increases in pay by obtaining certification, and the opportunity to move into a better paying job across agencies because the individual holds a Case Management Certification. The Division has been unable to estimate these benefits because there are too many variables. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are potential compliance costs associated to these amendments, but that cost is inestimable. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will result in a fiscal impact to small businesses, but that cost is inestimable. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43850.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43816 (Amendment): R657-12. Hunting and Fishing Accommodations for People with Disablities. SUMMARY OF THE RULE OR CHANGE: H.B. 246, Hunting and Fishing License Amendments, passed during the 2019 General Session, authorizing the addition of a veteran hunting license and veteran combination license with a 25% discount fee. These rule amendments allow for the new license and cost in rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These amendments are a direct result of legislative action. DWR has determined that these amendments will create a cost or savings impact to DWR's budget or the state budget. A conservative estimate is $22,896 loss in revenue per year. - LOCAL GOVERNMENTS: This filing does not create any direct cost or savings impact to local governments because they are not directly affected by these amendments. Nor are local governments indirectly impacted because these amendments do not create a situation requiring services from local governments. - SMALL BUSINESSES: This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by these amendments. Nor are small businesses indirectly impacted because these amendments do not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments will create a savings impact to those who qualify as veterans and wish to purchase a hunting or combination license at a reduced fee. Each veteran would save $8.50 and $9.50 respectively. These amendments do not impose any additional requirements on other persons and will not generate a cost or savings impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: These amendments are a direct result of H.B. 246 (2019). There are additional compliance costs associated with these amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 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: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43816.htm No. 43817 (Amendment): R657-45. Wildlife License, Permit, and Certificate of Registration Forms and Terms. SUMMARY OF THE RULE OR CHANGE: Provisions of this rule are being amended to comply with H.B. 246, Hunting and Fishing License Amendments, passed during the 2019 General Session. These amendments are technical in nature. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is being amended to comply with H.B. 246 (2019) and is technical in nature. DWR has determined that there is not a cost or savings impact to the state budget or DWR's budget associated with these amendments. - 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: None--This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is being amended to comply with H.B. 246 (2019). DWR feels these amendments would not generate a savings impact to persons wishing to participate. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule is being amended to comply with H.B. 246 (2019). The changes to this rule would not create a cost savings or impact for those wishing to participate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 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: 08/22/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43817.htm TAX COMMISSION ADMINISTRATION No. 43838 (Amendment): R861-1A-9. State Board of Equalization Procedures Pursuant to Utah Code Ann. Sections 59-2-212, 59-2-1004, and 59-2-1006. SUMMARY OF THE RULE OR CHANGE: The proposed amendments clarify language related to when the commission may remand an appeal to the county Board of Equalization (BOE). The changes are consistent with current practice and interpretation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--These changes are consistent with current practice and interpretation. - LOCAL GOVERNMENTS: None--These changes are consistent with current practice and interpretation. - SMALL BUSINESSES: None--These changes are consistent with current practice and interpretation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--These changes are consistent with current practice and interpretation. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--These changes are consistent with current practice and interpretation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because these changes conform to current practice and interpretation, there is no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43838.htm AUDITING No. 43839 (Amendment): R865-9I-2. Determination of Utah Resident Individual Status Pursuant to Utah Code Ann. Sections 59-10-103 and 59- 10-136. SUMMARY OF THE RULE OR CHANGE: The proposed amendment eliminates the reference to Section 59-10-103 because that section is no longer relevant to this section as a result of S.B. 13 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendment will not impact the state budget because it does not change current administration. - LOCAL GOVERNMENTS: The amendment will not impact local governments because it does not change current administration. - SMALL BUSINESSES: The amendment will not impact the small businesses because it does not change current administration. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendment will not impact other persons because it does not change current administration. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment eliminates an unnecessary reference to a Utah Code section that is no longer applicable. The amendment will not result in additional compliance costs for affected persons because it does not change current administration. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because this amendment does not change current practice, it will not result in 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 08/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43839.htm MOTOR VEHICLE No. 43840 (Amendment): R873-22M-17. Standards for State Impound Lots Pursuant to Utah Code Ann. Section 41-1a-1101. SUMMARY OF THE RULE OR CHANGE: Pursuant to H.B. 228 (2019), these changes include a requirement that a state impound yard have opaque fencing, which may include chain link fencing, on any side that has frontage with a highway; and make other technical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed amendments are not expected to have any fiscal impact on state government revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of H.B. 228 (2019). - LOCAL GOVERNMENTS: These proposed amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of H.B. 228 (2019). - SMALL BUSINESSES: These proposed amendments are not expected to have any fiscal impact on small businesses' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of H.B. 228 (2019). - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are not expected to have any fiscal impact on other persons' revenues or expenditures because any fiscal impact would have been addressed in the fiscal note of H.B. 228 (2019). COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments require that a state impound yard have opaque fencing, which may include chain link fencing, on any side that has frontage with a highway. These proposed amendments are not expected to impose any compliance costs on affected persons because any regulatory burdens would have been addressed in the fiscal note of H.B. 228 (2019). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Any fiscal impact on businesses would have been addressed in the fiscal note of H.B. 228 (2019). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/14/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennifer Franklin by phone at 801-297-3901, or by Internet E-mail at jenniferfranklin@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43840.htm TRANSPORTATION PROGRAM DEVELOPMENT No. 43847 (New Rule): R926-17. Road Usage Charge Program. SUMMARY OF THE RULE OR CHANGE: This new rule establishes procedures the Department of Transportation (Department) will follow when administering the state's road usage charge (RUC) program in accordance with the RUC program established by Section 72-1-213. The RUC program is a mileage- based revenue system intended to function as an alternative to the fuel tax. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed new rule will lead to a fiscal impact on the state's budget. The fiscal note that accompanied S.B. 72 passed in the 2019 General Session (Utah Laws Ch. 479), estimates establishing the RUC program, of which this new rule is a part, may cost the Department $870,000 from the Transportation Fund in FY 2020, and $115,000 ongoing from the Transportation Fund beginning in FY 2021 to pay a private vendor to manage RUC accounts, and it could cost the Department $120,000 ongoing from federal funds beginning in FY 2021 to operate the RUC program. - LOCAL GOVERNMENTS: This new rule will not lead to a fiscal impact on local governments. Local governments are exempt from fuel taxes and RUC fees. - SMALL BUSINESSES: This new rule, employed in conjunction with new Rule R940-8, which establishes procedures the Transportation Commission (Commission) will follow when setting RUC rates, may lead to a fiscal impact on businesses in Utah, which may be a net savings. Businesses that decide to use alternative fuel vehicles for business purposes and participate in the RUC program will have the option of paying a flat fee annually, which is set by the Tax Commission and not set by this rule, or participate in the RUC program and pay 1.5 cents per mile driven up to an amount equal to the amount of the flat fee. If the flat fee is set at $150, a vehicle will need to travel 10,000 miles to be assessed a $150 RUC. RUC participants will not be assessed a RUC for miles traveled in excess of 10,000. RUC participants that travel less than 10,000 miles in a year will realize a net savings compared to paying the flat fee. (EDITOR'S NOTE: The proposed new Rule R940-8 is under Filing No. 43846 in this issue, July 15, 2019, of the Bulletin.) - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule, employed in conjunction with new Rule R940-8, which establishes procedures the Commission will follow when setting RUC rates, may lead to a fiscal impact on individuals in Utah, which may be a net savings. Individuals that decide to use alternative fuel vehicles for business or personal purposes and participate in the RUC program will have the option of paying a flat fee annually, which is set by the Tax Commission and not set by this rule, or participate in the RUC program and pay 1.5 cents per mile driven up to an amount equal to the amount of the flat fee. If the flat fee is set at $150, a vehicle will need to travel 10,000 miles to be assessed a $150 RUC. RUC participants will not be assessed a RUC for miles traveled in excess of 10,000. RUC participants that travel less than 10,000 miles in a year will realize a net savings compared to paying the flat fee. COMPLIANCE COSTS FOR AFFECTED PERSONS: No individual or business in Utah will face compliance costs because of this new rule. This new rule establishes procedures the Department will follow when administering the state's RUC program in accordance with the RUC program. It does not require anything from any individual or business. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule will 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 08/14/2019 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: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43847.htm TRANSPORTATION COMMISSION ADMINISTRATION No. 43841 (Amendment): R940-1. Establishment of Toll Rates. SUMMARY OF THE RULE OR CHANGE: These proposed rule changes set the maximum toll rate at $4 per payment zone for roads in Utah. However, the actual toll rate for payment zone is set by the Commission according to a schedule of optimal toll rates on its Internet web site, which will be accessible by the public at: http//www.udot.utah.gov/Payment Zone Toll Schedule. The Legislature delegated authority for setting toll rates and ranges to the Transportation Commission in S.B. 72 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule changes will not lead to fiscal impact to the state's budget. These proposed changes do not increase or decrease tolls. - LOCAL GOVERNMENTS: These proposed rule changes will not lead to a fiscal impact for local governments. Local governments are exempt from tolls. - SMALL BUSINESSES: As Rule R940-1 provides the procedure by which the Transportation Commission sets toll rates, and sets toll rates for using toll roads and lanes in Utah, it may potentially affect every business, small and non-small, and every individual who drives on Utah roads. However, these proposed rule changes should have no fiscal impact on individuals, businesses, or governments in Utah. They do not increase or decrease tolls for using Utah roads. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed rule changes will not lead to any fiscal impact or increased compliance costs for any businesses or individuals. They do not increase or decrease tolls for using Utah roads. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule changes will not lead to any fiscal impact or increased compliance costs for any businesses or individuals. They do not increase or decrease tolls for using Utah roads. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed rule changes will 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 08/14/2019 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 - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43841.htm No. 43846 (New Rule): R940-8. Establishment of Road Usage Charge (RUC) Rates. SUMMARY OF THE RULE OR CHANGE: Through authority delegated by Section 72-1-213.1, this new rule authorizes the Transportation Commission (Commission) to establish RUC rates. Pursuant to this grant of authority, the Commission establishes the RUC rate at 1.5 cents per mile. The Commission will adjust the RUC rate annually on January 1 in an amount equal to the percentage change during the previous fiscal year in the Consumer Price Index (CPI) as determined by the Utah Tax Commission for the per gallon motor fuel tax rate pursuant to Subsection 59-13- 201(1). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed new rule should not cause a fiscal impact to the state's budget. This new rule only provides authority and a procedure for the Commission to follow when setting RUC rates. Any fiscal impact related to the RUC program is disclosed in the corresponding proposed Rule R926-17, which provides procedures the Department will follow to establish and administer the RUC program. (EDITOR'S NOTE: The proposed new Rule R926-17 is under Filing No. 43847 in this issue, July 15, 2019, of the Bulletin.) - LOCAL GOVERNMENTS: This new rule will not lead to fiscal impact to local governments. Local governments are exempt from fuel taxes and RUC fees. - SMALL BUSINESSES: This new rule may lead to a fiscal impact on businesses in Utah, which may be a net savings. Businesses that decide to use alternative fuel vehicles for business or personal purposes will have the option of paying a flat fee annually, which is set by the Tax Commission and not set by this rule, or participate in the RUC program and pay 1.5 cents per mile driven up to an amount equal to the amount of the flat fee. If the flat fee is set at $150, a vehicle will need to travel 10,000 miles to be assessed a $150 RUC. RUC participants will not be assessed a RUC for miles traveled in excess of 10,000. RUC participants that travel less than 10,000 miles in a year will realize a net savings compared to paying the flat fee. As the RUC program is not yet operational, and participation in the program is voluntary, the fiscal impact to small businesses cannot yet be estimated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule may lead to a fiscal impact on individuals in Utah, which may be a net savings. Individuals that decide to use alternative fuel vehicles for business or personal purposes will have the option of paying a flat fee annually, which is set by the Tax Commission and not set by this rule, or participate in the RUC program and pay 1.5 cents per mile driven up to an amount equal to the amount of the flat fee. If the flat fee is set at $150, a vehicle will need to travel 10,000 miles to be assessed a $150 RUC. RUC participants will not be assessed a RUC for miles traveled in excess of 10,000. RUC participants that travel less than 10,000 miles in a year will realize a net savings compared to paying the flat fee. As the RUC program is not yet operational, and participation in the program is voluntary the fiscal impact to individuals cannot yet be estimated. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this new rule. Participation in the RUC program is voluntary. This rule does not require individuals or businesses to do anything. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This new rule will 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 08/14/2019 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 - Linda Hull by phone at 801-965-4253, or by Internet E-mail at lhull@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43846.htm WORKFORCE SERVICES HOUSING AND COMMUNITY DEVELOPMENT No. 43849 (New Rule): R990-300. Evaluation Process for Plan for Moderate Income Housing Reports. SUMMARY OF THE RULE OR CHANGE: Under S.B. 34 (2019), certain municipalities and counties are required to make reports to HCDD regarding the moderate income housing plan element of their general plan. This proposed rule describes the plan requirements that HCDD will evaluate and the evaluation process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed rule is not expected to have any fiscal impact on state revenues or expenditures because the rule does not deal directly with or impact state government entities. - LOCAL GOVERNMENTS: This proposed rule is not expected to have any fiscal impact on local governments' revenues or expenditures because the rule simply outlines how such entities may comply with existing statutory reporting requirements. This rule also provides a means for a local government to receive assistance from HCDD in improving the moderate income housing plan element of its general plan. Any costs associated with this rule are costs anticipated by S.B. 34 (2019) which requires the affected local governments to create the general plan and related reports. - SMALL BUSINESSES: This proposed rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because the program does not deal directly with or impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This proposed rule is not expected to cause any costs or savings on persons other than small businesses, businesses, or local government entities because the rule only impacts local governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as there are currently no fees associated with this rule. Any costs associated with this rule are costs anticipated by S.B. 34 (2019), which requires the affected local governments to create the general plan and related reports. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After a thorough analysis, it was determined that this proposed rule 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 08/14/2019 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: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43849.htm NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends August 14, 2019. From the end of the 30-day waiting period through November 5, 2019, an agency may notify the Office of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Office of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses. Changes in Proposed Rules are governed by Section 63G-3-303, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5b, R15-4-7, R15-4-9, and R15-4-10. AGRICULTURE AND FOOD PLANT INDUSTRY No. 43684 (Change in Proposed Rule): R68-27. Cannabis Cultivation. SUMMARY OF THE RULE OR CHANGE: These changes to the proposed rule include the removal of the state residency requirement. Additionally, they clarify the facilities security requirements as well the facility's responsibilities for transportation. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the May 15, 2019, issue of the Utah State Bulletin, on page 4. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike- out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: As this is a new program, the state will have a significant starting 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 needs 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 cultivation facility. The inspector will need to be out doing quarterly inspections of the facilities 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 and training 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 at $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 inspections 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 $2,500 for each applicant. In addition, the successful cannabis cultivation facility will have a $100,000 licensing fee. By statute, the Department may not issue more than ten cannabis cultivation licenses. While the Department cannot anticipate the number of entities who will apply for a license, it is anticipated that there will be at least ten interested parties. Thus, the amount of revenue generated could be at least $1,025,000 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 decrease to $1,000,000. - LOCAL GOVERNMENTS: Local governments may experience an increase in law enforcement costs do to the nature of the crop being grown. However, the Department cannot adequately estimate the costs or benefits to local governments. - SMALL BUSINESSES: This rule allows for the growth 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 in the past, this proposed rule does not place any additional cost to the business aside from the anticipated application fee of $2,500 and the licensing fee of $100,000. - 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 $2,500 application fee for all those who chose to apply for a license. Those who are awarded the license will then have a $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 growing 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 08/14/2019 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: - 07/17/2019 02:00 PM, Dept. of Agriculture and Food, 350 North Redwood Road, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43684.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 43587 (Change in Proposed Rule): R307-110-28. Regional Haze. SUMMARY OF THE RULE OR CHANGE: This change in proposed rule amends the date of adoption from 06/05/2019 to 06/24/2019. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the April 1, 2019, issue of the Utah State Bulletin, on page 4. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change is not expected to have any fiscal impact on the state budget. - LOCAL GOVERNMENTS: This rule change is not expected to have any fiscal impact on local governments. - SMALL BUSINESSES: This rule change is not expected to have any fiscal impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will not have a compliance cost for affected persons. 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 change in proposed rule will not result in a fiscal impact to businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/13/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43587.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43822 (5-year Review): R156-31c. Nurse Licensure Compact Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides a uniform manner in which implementation of the NLC must be done. This rule adheres to the model compact rule developed by the NLC administrators and allows Utah to continue to participate in the NLC. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jeff Busjahn by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at jbusjahn@utah.gov EFFECTIVE: 06/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43822.htm EDUCATION ADMINISTRATION No. 43824 (5-year Review): R277-710. Intergenerational Poverty Interventions in Public Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of this rule is to provide for distribution of funds to LEAs; and to provide for out-of-school educational services that assist students affected by intergenerational poverty in achieving academic success. This rule provides eligibility criteria, provides minimum application criteria, provides timelines, and provides for Superintendent oversight and reporting. 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: 06/21/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43824.htm INSURANCE ADMINISTRATION No. 43826 (5-year Review): R590-254. Annual Financial Reporting 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 is important in fulfilling a major responsibility of the Department: To maintain oversight of the financial condition of insurers licensed to do business in Utah. One way this is done is by requiring insurers to submit annual reports and documents relating to their financial stability, as specified in this rule. Ensuring the financial strength of insurers doing business in Utah is important to maintaining the optimal operation of the market so policyholders can be made whole when they file covered claims. 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: 06/26/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43826.htm PUBLIC SAFETY ADMINISTRATION No. 43828 (5-year Review): R698-5. State Hazardous Chemical Emergency Response Commission Advisory Committee. 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 Subsection 53-2a-702(2), in connection with implementation of the federal Emergency Planning and Community Right To Know Act of 1986. This rule establishes the State Hazardous Chemical Emergency Response Commission Advisory Committee, outlines procedures for the creation, modification or dissolution of a Local Emergency Planning Committee, and outlines the procedures for adjudicative proceedings. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Tara Behunin by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at tarabehunin@utah.gov EFFECTIVE: 06/26/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43828.htm EMERGENCY MANAGEMENT No. 43827 (5-year Review): R704-1. Search and Rescue Financial Assistance 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 is required under Subsection 53-2a-1102(7), and is needed in order to establish costs that qualify as reimbursable expenses, define procedures for counties to submit expenses and be reimbursed, define participants in the assistance card program, define procedures for issuance of the assistance card, define excluded expenses not eligible for reimbursement, establish the renewal cycle of the assistance card, establish the frequency for review of the fee schedule, and provide a formula to govern the distribution of available money among the counties for uncompensated search and rescue expenses. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Tara Behunin by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at tarabehunin@utah.gov EFFECTIVE: 06/26/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43827.htm HIGHWAY PATROL No. 43844 (5-year Review): R714-600. Performance Standards for Tow Truck Motor Carriers. 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 Subsection 41-6a-1406(10), which requires the Department to make rules setting the performance standards for towing companies to be used by the Department. This rule establishes standards for the dispatch of a tow truck, the creation and maintenance of a towing rotation list, and dispatch of tow truck motor carriers by the Department. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Gibb by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov - Matt Spillman by phone at 801-292-3304, or by Internet E-mail at mspillman@utah.gov - Steven Winward by phone at 801-550-6163, or by Internet E-mail at swinward@utah.gov EFFECTIVE: 07/01/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43844.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 43818 (5-year Review): R994-309. Nonprofit Organizations. 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 necessary to help all nonprofit organizations know which organizations can become reimbursable and how a reimbursable nonprofit will pay for benefit costs. It is essential to help a nonprofit understand its responsibilities and benefits under unemployment. This rule also explains how a reimbursable employer can change to a contributory employer and the impact of such a change including liability as an employer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at ampeck@utah.gov EFFECTIVE: 06/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43818.htm No. 43819 (5-year Review): R994-310. Coverage. 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 explains to subject employment units when they need to activate an employer account with the Department and when they can make the account inactive. This rule is essential to provide necessary information to employers to help them comply with the Act. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at ampeck@utah.gov EFFECTIVE: 06/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43819.htm No. 43820 (5-year Review): R994-311. Governmental Units and Indian Tribes. 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 explains how governmental units and Indian tribes can elect to be a reimbursable employer, and how to change that election and the consequences for changing. It also explains how the Department will bill for benefits and how they should be paid. Finally, this rule provides that charter schools can be covered under this rule as a reimbursable employer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at ampeck@utah.gov EFFECTIVE: 06/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43820.htm No. 43821 (5-year Review): R994-312. Employing Units 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 is essential to tell employers what records must be kept and that the Department is authorized to inspect those records. This rule also provides when and under what circumstances any records will be available and to whom. Most employer records are private but can be used for limited purposes when necessary for the administration of the program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amanda McPeck by phone at 801-517-4709, or by Internet E-mail at ampeck@utah.gov EFFECTIVE: 06/17/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190715/43821.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. ADMINISTRATIVE SERVICES FINANCE No. 43656 (AMD): R25-7.Travel-Related Reimbursements for State Employees Published: 05/01/2019 Effective: 07/01/2019 COMMERCE REAL ESTATE No. 43643 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 05/01/2019 Effective: 06/19/2019 ENVIRONMENTAL QUALITY AIR QUALITY No. 43588 (AMD): R307-150-3.Applicability Published: 04/01/2019 Effective: 06/25/2019 WATER QUALITY No. 43585 (AMD): R317-1-1.Definitions Published: 04/01/2019 Effective: 07/01/2019 No. 43586 (AMD): R317-2.Standards of Quality for Waters of the State Published: 04/01/2019 Effective: 07/01/2019 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43687 (AMD): R414-401.Nursing Care Facility Assessment Published: 05/15/2019 Effective: 07/01/2019 No. 43689 (NEW): R414-522.Electronic Visit Verification Requirements for Personal Care and Home Health Care Services Published: 05/15/2019 Effective: 07/01/2019 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 43670 (AMD): R477-1.Definitions Published: 05/15/2019 Effective: 07/01/2019 No. 43671 (AMD): R477-4.Filling Positions Published: 05/15/2019 Effective: 07/01/2019 No. 43672 (AMD): R477-5.Employee Status and Probation Published: 05/15/2019 Effective: 07/01/2019 No. 43673 (AMD): R477-6.Compensation Published: 05/15/2019 Effective: 07/01/2019 No. 43674 (AMD): R477-7.Leave Published: 05/15/2019 Effective: 07/01/2019 No. 43675 (AMD): R477-8.Working Conditions Published: 05/15/2019 Effective: 07/01/2019 No. 43676 (AMD): R477-9.Employee Conduct Published: 05/15/2019 Effective: 07/01/2019 No. 43677 (AMD): R477-11.Discipline Published: 05/15/2019 Effective: 07/01/2019 No. 43678 (AMD): R477-12.Separations Published: 05/15/2019 Effective: 07/01/2019 No. 43679 (AMD): R477-13.Volunteer Programs Published: 05/15/2019 Effective: 07/01/2019 No. 43669 (AMD): R477-14.Substance Abuse and Drug-Free Workplace Published: 05/15/2019 Effective: 07/01/2019 No. 43680 (AMD): R477-15.Workplace Harassment Prevention Published: 05/15/2019 Effective: 07/01/2019 INSURANCE ADMINISTRATION No. 43694 (AMD): R590-186.Bail Bond Surety Business Published: 05/15/2019 Effective: 06/21/2019 No. 43693 (AMD): R590-238-4.Annual Reporting Requirements Published: 05/15/2019 Effective: 06/21/2019 No. 43692 (AMD): R590-268.Small Employer Stop-Loss Insurance Published: 05/15/2019 Effective: 06/21/2019 No. 43695 (AMD): R590-278.Consent Requests Under 18 USC 1033(e)(2) Published: 05/15/2019 Effective: 06/21/2019 No. 43696 (NEW): R590-281.License Applications Submitted by Individuals Who Have a Criminal Conviction Published: 05/15/2019 Effective: 06/21/2019 PUBLIC SAFETY EMERGENCY MANAGEMENT No. 43668 (AMD): R704-1.Search and Rescue Financial Assistance Program Published: 05/15/2019 Effective: 06/24/2019 CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 43665 (AMD): R722-900.Access to Bureau Records Published: 05/15/2019 Effective: 06/24/2019 PEACE OFFICER STANDARDS AND TRAINING No. 43666 (AMD): R728-409.Suspension, Revocation, or Relinquishment of Certification Published: 05/15/2019 Effective: 06/24/2019 TECHNOLOGY SERVICES ADMINISTRATION No. 43681 (REP): R895-13.Access to the Identity Theft Reporting Information System Database Published: 05/15/2019 Effective: 06/21/2019 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/ . <> ----------------------------