---------------------------- Utah State Digest, Vol. 2019, No. 17 (September 1, 2019) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed August 2, 2019, 12:00 AM through August 15, 2019, 11:59 PM Volume 2019, No. 17 September 1, 2019 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah-state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 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 August 2, 2019, 12:00 a.m., and August 15, 2019, 11:59 p.m. are summarized in this, the September 1, 2019, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the September 1, 2019, issue of the Utah State Bulletin until at least October 1, 2019 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through December 30, 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. COMMERCE CONSUMER PROTECTION No. 43991 (Repeal): R152-32a. Pawnshop and Secondhand Merchandise Transaction Information Act Rule. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated net impact to the state budget. - LOCAL GOVERNMENTS: There is no anticipated net impact on local governments. - SMALL BUSINESSES: No fiscal impact to small businesses is expected because this rule has been statutorily superseded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated net impact to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no anticipated change in compliance costs for affected persons. All classes of businesses that were exempted by this rule are now exempt by statute, see Subsection 13- 32a-102(29)(c). COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact to non-small businesses is expected because Rule R152-32a has been statutorily superseded. The repeal of this rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures that were not already accounted for by the fiscal note related to H.B. 394 (2019). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 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: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43991.htm OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43954 (Amendment): R156-24b. Physical Therapy Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-24b-102, these proposed amendments clarify the definition of an "education program that is accredited by a recognized accreditation agency". In Section R156-24b- 302a, these proposed amendments expand the methods by which an applicant can provide proof of graduation to the Division of Occupational and Professional Licensing (Division) and provides a process for application via endorsement. In Section R156-24b-302b, these proposed amendments permit an applicant for licensure as a Physical Therapist (PT) or Physical Therapist Assistant (PTA) who is in the final term of a program of study in physical therapy to take their licensing exam before graduation per Subsections 58-24-302(1)(d) and 58-24b-302(2)(d). It also provides a process for verifying an exam score for an application for licensure by endorsement. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed changes update the existing rule to align with the Utah Code changes implemented by H.B. 44 (2019) are not expected to negatively or positively impact the state budget. There could be a small positive impact from the other proposed amendments if a PT or PTA gains employment at a state owned facility that employs PTs or PTAs. However, it is estimated that almost all new graduate PTs and PTAs will seek employment in the private sector. There will be a minimal cost to the Division of approximately $75 to print and distribute this rule and a total of 4 hours x $30 per hour = $120 to update the PT and PTA online and paper application forms once the proposed amendments are made effective. - LOCAL GOVERNMENTS: These proposed rule changes are not expected to have a fiscal impact on local governments because they will not affect local governments. - SMALL BUSINESSES: These proposed amendments are not expected to have a negative fiscal impact on small businesses (NAICS 621399 and 621340). However, a positive fiscal impact may result from the newly streamlined application procedures, if the new graduate PT or PTA can begin employment earlier due to not having to wait to take the national exam or the wait for their school's registrar to post the transcripts and send the results to the Division. This could eliminate open positions, reduce overtime to cover open positions, and allow patients to receive therapy services in a timelier manner. It is projected that 50% of the 105 annual PT graduates will work for a small business which equates to 53 PT graduates. It is also projected that 50% of the 72 annual PTA graduates will work for a small business which equates to 36 PTA graduates. The total fiscal benefit of filling the open positions is not able to be estimated since the estimated number of open PT or PTA positions is not readily available from employers and the cost of overtime is unknown. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments are not expected to have a negative fiscal impact on other persons. However, a positive impact may result from the newly streamlined application procedures, since the graduate will be able to take the national exam earlier, and may obtain a signed statement of program completion instead of waiting for the school's registrar to send the official transcripts to the Division. The waiting time for a registrar to send the transcripts could take up to an average of three weeks. It is estimated that these proposed changes to Subsections R156-24b 302(a) and (b) will allow applicants to apply for licensure three weeks earlier. It is estimated that these proposed amendments could affect up 105 Physical Therapist and 72 Physical Therapist Assistant applicants on an annual basis. It is further estimated that recent PT graduates earn $32 per hour for initial employment. Each work week is based upon 40 hours. Therefore, if one Physical Therapists could begin employment 3 weeks sooner, each PT could earn 3 weeks X 40 hours per week X $32 per hour = $3,840. The potential benefit if all 105 PTs could work 3 weeks earlier would be $403,200. The annual potential benefit is projected to raise 2% per year due to cost of living/demand. Additionally, it is further estimated that recent PTA graduates earn $21 per hour for initial employment. Each work week is based upon 40 hours. Therefore, if one Physical Therapist Assistant could begin employment 3 weeks sooner, each PT could earn 3 weeks X 40 hours per week X $21 per hour = $2,520. The potential benefit if all 72 Physical Therapy Assistants could work three weeks earlier would be $181,440. The annual potential benefit is projected to raise 2% per year due to cost of living/demand. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed amendments are not expected to have any compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments update this rule to align with changes made by H.B. 44 (2019), which permit an individual in the final term of a program of study in physical therapy to take the licensing exam before graduation. The Physical Therapy Licensing Board also recommends additional amendments to clarify this rule and streamline application procedures. Small Businesses: These proposed amendments are not expected to have a negative fiscal impact on small businesses (NAICS 621399 and 621340). However, a positive fiscal impact may result from the newly streamlined application procedures, if the new graduate physical therapist or physical therapist assistant can begin employment earlier due to not having to wait to take the national exam or wait for their school's registrar to post the transcripts and send the results to the Division. This could eliminate open positions, reduce overtime to cover open positions, and allow patients to receive therapy services in a timelier manner. The total fiscal benefit if filling the open positions is not able to be estimated. Non-small businesses: These proposed amendments are not expected to have a negative fiscal impact on non-small businesses (NAICS 621399 and 621340). INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 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: - 09/18/2019 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: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43954.htm No. 43953 (Repeal): R156-31c. Nurse Licensure Compact Rule. SUMMARY OF THE RULE OR CHANGE: In accordance with Section 58-31e-102; Article VII, Subsection (g)(1); and Article VIII; and in accordance with Subsection 58-31e-103(2), Rule R156-31c is repealed in its entirety. The new NLC final rules, effective 01/01/2019, adopted by the Interstate Commission of Nurse Licensure Compact Administrators, which supersede Rule R156-31c, are available on the National Council of State Boards of Nursing (NCSBN) website at https://www.ncsbn.org/nlcrules.htm. This link will be posted on the Division's website (www.dopl.utah.gov). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No fiscal impact to the state is expected because Rule R156-31c has been statutorily superseded by the new NLC and new NLC final rules. - LOCAL GOVERNMENTS: No fiscal impact to local governments is expected because Rule R156-31c has been statutorily superseded by the new NLC and new NLC final rules. - SMALL BUSINESSES: No fiscal impact to small businesses is expected because Rule R156-31c has been statutorily superseded by the new NLC and new NLC final rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are approximately 35,890 licensed nurses in Utah that could potentially be impacted by this repeal. No fiscal impact to these persons is expected because Rule R156-31c has been statutorily superseded by the new NLC and new NLC final rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs to any affected persons is expected because Rule R156-31c has been statutorily superseded by the new NLC and new NLC final rules. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In accordance with Section 58-31e-102; Article VII, Subsection (g)(1); and Article VIII; and in accordance with Subsection 58-31e-103(2), Rule R156-31c is repealed in its entirety. The new National Licensure Compact (NLC) final rules, effective 01/01/2019 as adopted by the Interstate Commission of Nurse Licensure Compact Administrators, now apply. Small Businesses: No fiscal impact to small businesses is expected because Rule R156-31c has been statutorily superseded by the new NLC and new NLC rules. Non-Small Businesses: No fiscal impact to non-small businesses is expected because Rule R156-31c has been statutorily superseded by the new NLC and new NLC rules. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 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: - 09/18/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43953.htm No. 43993 (Amendment): R156-60. Mental Health Professional Practice Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-60-102, the proposed amendments update references, and define the terms "gender identity", "sexual orientation", "gender identity change efforts" (GICE), and "sexual orientation change efforts" (SOCE). In Section R156-60-502, the proposed amendments update references, and add to the definition of unprofessional conduct "engaging in, or attempting to engage in the practice of sexual orientation change efforts or gender identity change efforts with a client who is less than 18 years old". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division estimates that these proposed amendments may result in a potential increase of two additional complaints of unprofessional conduct each year, requiring two investigations consisting of approximately 20 hours per investigation. This may result in a cost to Division investigations of approximately $1,000 per fiscal year ongoing. These amendments are not expected to impact existing Division practices or procedures, or other state practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any state agencies that may be acting as employers of licensed individuals engaging in the practice of mental health therapy to experience any measurable fiscal impact. Except as described above, the Division estimates that these proposed amendments will have no measurable impact on state government revenues or expenditures, beyond a minimal cost to the Division of approximately $75 to disseminate this rule once these proposed amendments are made effective. - LOCAL GOVERNMENTS: The Division estimates that these proposed amendments will have no measurable impact on local governments' revenues or expenditures. None of these amendments are expected to impact local governments practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any local governments that may be acting as employers of licensed individuals engaging in the practice of mental health therapy to experience any measurable fiscal impacts. - SMALL BUSINESSES: These proposed amendments will regulate individuals licensed under Title 58 who are practicing within their respective licensing acts and engage in the practice of mental health therapy. These amendments may therefore indirectly affect the estimated 1,132 small businesses in Utah comprising establishments of licensees engaged in the practice of mental health therapy or who may employ those engaged in the practice of mental health therapy, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for small businesses. First, the amendments update this rule in accordance with clear practice guidelines and position statements already existing in the industry, including from the American Psychological Association, the American Psychiatric Association, the National Association of Social Workers, and the Substance Abuse and Mental Health Services Administration. The practices of most small businesses are, or should be, already consistent with these existing professional practice guidelines and position statements. Second, the proposed amendments will only affect licensees who violate the rules and are disciplined for unprofessional conduct, and as described below for other persons it is estimated that for the typical licensee, the proposed amendments will have no direct or indirect fiscal impact. Accordingly, any impact from non-compliance will never be uniformly felt across the industry, and most small businesses will never be impacted. Finally, although a small business employing a licensee who is disciplined for unprofessional conduct may face indirect financial costs for such noncompliance, it is impossible to estimate what such indirect costs might be with any accuracy at present, not only because any such violations are unforeseeable, but because any indirect costs from such unforeseen violations that any small business may potentially experience from any potential sanctions will vary widely depending on the unique characteristics of the employer and the individual characteristics and actions of each licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. In sum, the scope of these proposed amendments is so narrow that they will not affect the vast majority of small business, and will not result in a measurable fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The following individuals licensed under Title 58 may be affected by these proposed amendments: Approximately 4,209 licensed clinical social workers, 1,384 licensed certified social workers, and 30 licensed certified social worker interns. Approximately 1,485 licensed clinical mental health counselors, 2 licensed volunteer clinical mental health counselors, 382 licensed associate clinical mental health counselors, and 7 licensed associate clinical mental health counselor externs. Approximately 787 licensed marriage and family therapists, 181 licensed associate marriage and family therapists, and 3 associate marriage and family therapist externs. Finally, approximately 135 APRNs (advanced practice registered nurses) specializing in psychiatric mental health nursing, 1,198 osteopathic physicians (DOs) of which 25 are DO psychiatrists, and 11,221 physicians and surgeons (MDs) of which 290 are MD psychiatrists. However, no measurable fiscal impact to any of these persons is expected. First, the proposed amendments will only affect licensees who violate the rules and are sanctioned, so that most licensees will never be impacted. These amendments update this rule in accordance with practice guidelines and position statements already existing across the mental health professions, and the practices of most licensees are or should be already consistent with existing professional practice guidelines and position statements. Further, the goal of the rules is to provide a deterrent, such that there is no net impact on all parties involved and minimal occasions to sanction a licensee for noncompliance. Therefore, for the typical licensee, the proposed amendments are expected to have no direct or indirect fiscal impact. Second, although a licensee who is disciplined for unprofessional conduct may experience a fiscal impact, it is impossible to estimate what such costs might be with any accuracy at present, both because they would apply only in cases of unforeseeable violations, and because any potential costs would depend on the unique characteristics and actions of each individual licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: As described above for other persons, the Division does not anticipate any compliance costs for any affected persons from these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: In Section R156-60-102, the proposed amendments update references, and define the terms "gender identity", "sexual orientation", "gender identity change efforts" (GICE), and "sexual orientation change efforts" (SOCE). In Section R156-60-502, the proposed amendments update references, and add to the definition of unprofessional conduct "engaging in, or attempting to engage in the practice of sexual orientation change efforts or gender identity change efforts with a client who is less than 18 years old". Small Businesses: These proposed amendments will regulate individuals licensed under Title 58 who are practicing within their respective licensing acts and engage in the practice of mental health therapy. These amendments may therefore indirectly affect the estimated 1,132 small businesses in Utah comprising establishments of licensees engaged in the practice of mental health therapy or who may employ those engaged in the practice of mental health therapy, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, and 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for small businesses. Non-Small Businesses: These proposed amendments will regulate individuals licensed under Title 58 who are practicing within their respective licensing acts and engage in the practice of mental health therapy. These amendments may therefore indirectly affect the estimated 72 non-small businesses in Utah comprising establishments of licensees engaged in the practice of mental health therapy or who may employ those engaged in the practice of mental health therapy, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, and 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/26/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43993.htm No. 43994 (Amendment): R156-61. Psychologist Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-61-102, the proposed amendments update references, and define the terms "gender identity", "sexual orientation", "gender identity change efforts" (GICE), and "sexual orientation change efforts" (SOCE). In Section R156-61-502, the proposed amendments update references and add to the definition of unprofessional conduct "engaging in, or attempting to engage in the practice of sexual orientation change efforts or gender identity change efforts with a client who is less than 18 years old". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division estimates that these proposed amendments may result in a potential increase of two additional complaints of unprofessional conduct each year, requiring two investigations consisting of approximately 20 hours per investigation. This may result in a cost to Division investigations of approximately $1,000 per fiscal year ongoing. The amendments are not expected to impact existing Division practices or procedures or other state practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any state agencies that may be acting as employers of licensed psychologists to experience any measurable fiscal impacts. Except as described above, the Division estimates that these proposed amendments will have no measurable impact on state government revenues or expenditures, beyond a minimal cost to the Division of approximately $75 to disseminate this rule once the proposed amendments are made effective. - LOCAL GOVERNMENTS: The Division estimates that these proposed amendments will have no measurable impact on local governments' revenues or expenditures. None of these amendments are expected to impact local governments practices or procedures. Additionally, as described below in the analysis for small businesses and non-small businesses, the Division does not expect any local governments that may be acting as employers of licensed psychologists to experience any measurable fiscal impacts. - SMALL BUSINESSES: These proposed amendments will regulate licensed psychologists practicing in Utah, which may indirectly affect the estimated 1,132 small businesses in Utah comprising establishments of licensees engaged in the practice of psychology or who may employ licensed psychologists, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for small business. First, the amendments update this rule in accordance with clear practice guidelines and position statements already existing in the industry, including from the American Psychological Association, the American Psychiatric Association, the National Association of Social Workers, and the Substance Abuse and Mental Health Services Administration. The practices of most small businesses are, or should be, already consistent with existing professional practice guidelines and position statements. Second, the proposed amendments will only affect licensees who violate the rules and are disciplined for unprofessional conduct, and as described below for other persons it is estimated that for the typical licensee, the proposed amendments will have no direct or indirect fiscal impact. Accordingly, any impact from non-compliance will never be uniformly felt across the industry, and most small businesses will never be impacted. Finally, although a small business employing a licensee who is disciplined for unprofessional conduct may face indirect financial costs for such noncompliance, it is impossible to estimate what such indirect costs might be with any accuracy at present, not only because any such violations are unforeseeable, but because any indirect costs from such unforeseen violations that any small business may potentially experience from any potential sanctions will vary widely depending on the unique characteristics of the employer and the individual characteristics and actions of each licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. In sum, the scope of these proposed amendments is so narrow that they will not affect the vast majority of small businesses, and will not result in a measurable fiscal impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are approximately 1,058 licensed psychologists and 36 licensed psychology residents in Utah that will be affected by these proposed amendments. No measurable fiscal impact to these persons is expected. First, the proposed amendments will only affect licensees who violate the rules and are sanctioned, so that most licensees will never be impacted. The amendments update the rule in accordance with clear practice guidelines and position statements already existing in the industry, and the practices of most licensees are or should be already consistent with existing professional practice guidelines and position statements. Further, the goal of the rules is to provide a deterrent, such that there is no net impact on all parties involved and minimal occasions to sanction a licensee for noncompliance. Therefore, for the typical licensee, the proposed amendments are expected to have no direct or indirect fiscal impact. Second, although a licensee who is disciplined for unprofessional conduct may experience a fiscal impact, it is impossible to estimate what such costs might be with any accuracy at present, both because they would apply only in cases of unforeseeable violations, and because any potential costs would depend on the unique characteristics and actions of each individual licensee. This relevant data is unavailable and the cost of acquiring any such data is prohibitively expensive. COMPLIANCE COSTS FOR AFFECTED PERSONS: As described above for other persons, the Division does not anticipate any compliance costs for any affected persons from these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Utah Psychologist Licensing Board recommends these amendments to update the rule to define, clarify and establish current professional definitions and standards with respect to sexual orientation and gender identity, and in particular to define as unprofessional conduct the practice of sexual orientation change efforts or gender identity change efforts with a client who is less than 18 years old. Small Businesses: These proposed amendments will regulate licensed psychologists in Utah, which may indirectly affect the estimated 1,132 small businesses in Utah comprising establishments of licensees engaged in the practice of psychology or who may employ licensed psychologists, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, and 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for small businesses. Non-Small Businesses: These proposed amendments will regulate licensed psychologists practicing in Utah, which may indirectly affect the estimated 72 non-small businesses in Utah comprising establishments of licensees engaged in the practice of psychology or who may employ licensed psychologists, such as private or group practices, hospitals, or medical centers (NAICS 621112, 621420, 621330, 622210, 623220, and 624190). However, these proposed amendments are not expected to result in any measurable fiscal impact for non-small businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Marx by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 09/26/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43994.htm EDUCATION ADMINISTRATION No. 43983 (New Rule): R277-318. Teacher Salary Supplement Program. SUMMARY OF THE RULE OR CHANGE: Rule R277-318 establishes application and appeal procedures for administration of the Teacher Salary Supplement Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Previously, the rule for the Teacher Salary Supplement Program was Rule R277-523 which is being repealed. This rule is being numbered within the new licensing rule numbering system and updated to reflect changes made by H.B. 236 and S.B. 208 (2019). This rule will not impact state government revenues or expenditures because the program is funded with a state appropriation, and the program changes are statutory and were covered with an increase in the legislative appropriation for the program. (EDITOR'S NOTE: The proposed repeal of Rule R277-523 is under Filing No. 43986 in this issue, September 1, 2019, of the Bulletin.) - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local governments' revenues or expenditures. This rule will not impact local governments because the program is funded with a state appropriation, and the program changes are statutory and were covered with an increase in the legislative appropriation for the program. - SMALL BUSINESSES: This rule is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the Teacher Salary Supplement Program which is state funded and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the Teacher Salary Supplement Program which is state funded and thus does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impacts on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. This proposed rule has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43983.htm No. 43984 (Repeal): R277-402. School Readiness Initiative. SUMMARY OF THE RULE OR CHANGE: Rule R277-402 is no longer necessary and the Utah State Board of Education recommends Rule R277-402 be repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures. However, the grant program itself remains in statute and is state-funded and thus, this rule repeal will not have a fiscal impact. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any fiscal impact on local governments' revenues or expenditures. The grant program itself remains in statute and is state-funded and thus, this rule repeal will not have a fiscal impact. - SMALL BUSINESSES: This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the High Quality School Readiness Grant Program which is state funded and thus, does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the High Quality School Readiness Grant Program which is state funded and thus, does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule repeal is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and they do not require any expenditures of or generate revenue for non-small businesses. This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43984.htm No. 43990 (Amendment): R277-407. School Fees. SUMMARY OF THE RULE OR CHANGE: In addition to the required amendments from H.B. 250 (2019), amendments have been made to clarify definitions and clarify language throughout this rule. Changes in this rule provide additional clarity on certain issues including more detailed definitions of items such as instructional equipment, instructional supply, and school equipment. These rule changes also clarify that local education agencies (LEAs) may charge a fee for supplemental kindergarten and that the fee is subject to fee waiver, the process for an LEA to amend the LEA's fee schedule, and that the Superintendent shall annually establish income levels for fee waiver eligibility which will be published on the Board's website. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because this rule is about fees and fee waiver requirements for LEAs, and all regulatory functions are already funded. - LOCAL GOVERNMENTS: These rule changes are not expected to have any material impact on local governments' revenues or expenditures. This rule is being updated to reflect H.B. 250 (2019), and in response to feedback from LEAs and other stakeholders. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is about fees and fee waiver requirements for LEAs and thus will not impact small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is being updated to reflect H.B. 250 (2019), and in response to feedback from LEAs and other stakeholders. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43990.htm No. 43968 (Amendment): R277-474. School Instruction and Sex Education. SUMMARY OF THE RULE OR CHANGE: These amendments to Rule R277-474 make the corresponding changes to clarify the law regarding instruction on the use of contraceptives in health class. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. This rule is being updated to reflect H.B. 71 (2019), which clarifies the law regarding instruction on the use of contraceptives in health class. These rule changes make the corresponding changes to this rule. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being updated to reflect H.B. 71 (2019), which clarifies the law regarding instruction on the use of contraceptives in health class. These rule changes make the corresponding changes to this rule. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is on health education instruction and therefore does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures because this rule is on health education instruction and therefore does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43968.htm No. 43985 (Amendment): R277-504. Early Childhood, Elementary, Secondary, Special Education (K-12), and Preschool Special Education (Birth-Age 5) Licensure. SUMMARY OF THE RULE OR CHANGE: Rule R277-504 is amended to make technical changes to the rule, including deleting outdated references to other rules, and to add a sunset date of June 30, 2020. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. - SMALL BUSINESSES: These rule change are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to educator licensing and thus, does not apply to small businesses since the Utah State Board of Education is responsible for educator licensing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. COMPLIANCE COSTS FOR AFFECTED PERSONS: There were no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These proposed rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. These proposed rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43985.htm No. 43986 (Repeal): R277-523. Teacher Salary Supplement Program. SUMMARY OF THE RULE OR CHANGE: Rule R277-523 is being repealed in its entirety and content moved to proposed Rule R277-318 within the new licensing rule numbering system with amendments based on H.B. 236, and S.B. 208 (2019). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures. This rule will not impact state government revenues or expenditures because the program is funded with a state appropriation and will continue to be state-funded. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any fiscal impact on local governments' revenues or expenditures because the program is funded with a state appropriation and will continue to be state- funded. - SMALL BUSINESSES: This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the Teacher Salary Supplement Program which is state funded and thus, does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the Teacher Salary Supplement Program which is state funded and thus, does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule repeal is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and they do not require any expenditures of or generate revenue for non-small businesses. This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43986.htm No. 43967 (Amendment): R277-607. Truancy Prevention. SUMMARY OF THE RULE OR CHANGE: This rule is being amended to update the authority and purpose of this rule. The definitions have been updated to align with truancy prevention guidelines. The truancy policy requirements and the compulsory education procedures have been amended to align with the authority and purpose of this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. These rule changes include formatting and technical changes, but no substantive changes. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. These rule changes include formatting and technical changes, but no substantive changes. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is on school truancy prevention and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. These rule changes include formatting and technical changes, but no substantive changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43967.htm No. 43969 (Amendment): R277-704. Financial and Economic Literacy: Integration into Core Curriculum and Financial and Economic Literacy Student Passports. SUMMARY OF THE RULE OR CHANGE: The updates throughout this rule amend the definition of "financial and economic literacy concepts"; amends provisions related to standards related to financial literacy; repeal and reenact provisions related to a general financial literacy course; and professional development related to financial literacy education; repeal provisions related to a financial and economic literacy passport; amend provisions related to the convening of a task force; and make technical and conforming changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. This rule is being updated to reflect H.B. 286 (2019). This bill repealed provisions related to a financial and economic literacy passport. These rule changes make the corresponding changes to the rule along with technical and formatting changes, and thus will not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being updated to reflect H.B. 286 (2019). This bill repealed provisions related to a financial and economic literacy passport. These rule changes make the corresponding changes to the rule along with technical and formatting changes, and thus will not have a fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is about financial and economic literacy student passports and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is being updated to reflect H.B. 286 (2019). This bill repealed provisions related to a financial and economic literacy passport. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule change has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43969.htm No. 43982 (Amendment): R277-706. Public Education Regional Service Centers. SUMMARY OF THE RULE OR CHANGE: These rule amendments include formatting changes and technical amendments in accordance with Utah State Board of Education and the Office of Administrative Rules rulemaking guidelines, and updating eligible regional service center definitions, distribution of funds processes, and the responsibilities of the involved parties. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. These rule changes include formatting changes and technical amendments, but no substantive changes and thus there is no fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. These rule changes include formatting changes and technical amendments, but no substantive changes and thus there is no fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures. This rule applies to regional service centers and thus does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. These rule changes include formatting changes and technical amendments, but no substantive changes and thus there is no fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43982.htm No. 43987 (Repeal): R277-711. High Quality School Readiness Expansion. SUMMARY OF THE RULE OR CHANGE: As a result of S.B. 166 (2019), Rule R277-711 is no longer necessary and Utah State Board of Education recommends repealing this rule in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures. The grant program itself remains in statute and is state-funded and thus, this rule repeal will not have a fiscal impact. - LOCAL GOVERNMENTS: This rule repeal is not expected to have any fiscal impact on local governments' revenues or expenditures. The grant program itself remains in statute and is state-funded and thus, this rule repeal will not have a fiscal impact. - SMALL BUSINESSES: This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the High Quality School Readiness Grant Program which is state funded and thus, does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule repeal is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the High Quality School Readiness Grant Program which is state funded and thus, does not apply to other individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule repeal is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and they do not require any expenditures of or generate revenue for non-small businesses. This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43987.htm No. 43988 (Amendment): R277-713. Concurrent Enrollment of High School Students in College Courses. SUMMARY OF THE RULE OR CHANGE: This rule has been updated in accordance with amendments to H.B. 146 and H.B 291 (2019). This rule has been amended in accordance with the rulewriting manual. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. This rule is being updated to reflect H.B. 146 and H.B 291 (2019). Thus, this rule change does not have a fiscal impact. - LOCAL GOVERNMENTS: These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being updated to reflect H.B. 146 and H.B 291 (2019). Thus, this rule change does not have a fiscal impact. - SMALL BUSINESSES: These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule applies to the concurrent enrollment program and thus, does not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is being updated to reflect H.B. 146 and H.B 291 (2019). Thus, these rule changes do not have a fiscal impact. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These rule changes are not expected to have any fiscal impact on non- small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43988.htm No. 43989 (New Rule): R277-928. High-Need Schools Grant. SUMMARY OF THE RULE OR CHANGE: This rule provides procedures for a local education agency (LEA) to apply for the High-Need Schools Grant; and criteria for determining if an elementary school is a high-need school. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule is not expected to have any fiscal impact on state government revenues or expenditures. S.B. 115 (2019) establishes the Grants for Educators in High-Need Schools Program and funds it with a state appropriation. Thus, this rule does not have an independent fiscal impact on state government revenues or expenditures. - LOCAL GOVERNMENTS: This rule is not expected to have any fiscal impact on local governments' revenues or expenditures. S.B. 115 (2019), establishes the Grants for Educators in High-Need Schools Program and funds it with a state appropriation. Statute for the program also requires that any LEA opting to participate in the program must provide matching funds equal to the grant amount received. - SMALL BUSINESSES: This rule is not expected to have any material fiscal impact on small businesses' revenues or expenditures. This rule is for a program funded through state appropriated funds and matching funds from LEAs, and thus, does not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule is not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is for a program funded through state appropriated funds and matching funds from LEAs, and thus, does not affect other individuals’ revenues or expenditures. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non- small businesses and they do not require any expenditures of or generate revenue for non-small businesses. This proposed rule has no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43989.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 43963 (Amendment): R307-401. Permit: New and Modified Sources. SUMMARY OF THE RULE OR CHANGE: Section R307-401-2 is amended to add definitions for "air strippers," "soil aeration," "soil vapor extraction," and "vapor mitigation system." Sections R307-401-15 and R307-401-16 are being amended to update testing requirements, which will allow sources to discontinue testing after three years of operation if testing demonstrates the emissions have consistently remained below exemption levels. Subsection R307-401-15(5) is being added to this rule to clarify that sub-slab vapor mitigation systems are exempt from the testing requirements of this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule changes are expected to have an unknown savings to the state budget as it will limit the need for Division of Air Quality staff to review testing submission. The savings is unknown because information regarding how many of these would be submitted is unavailable. - LOCAL GOVERNMENTS: These rule changes are not expected to have a fiscal impact on local governments. - SMALL BUSINESSES: These rule changes could result in a cost savings to small businesses who operate or own sub-slab vapor extraction systems, as this rule exempts them from certain notice of intent and approval order requirements. The aggregate savings is not possible to calculate as the number of soil vapor extractions (SVEs) operating at any given time is not readily available. However, the savings are estimated to range between $2,800 and $3,500 per sampling event per stack. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule changes are not expected to have a fiscal impact on persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no additional compliance requirements added to this rule through these amendments; therefore, there are no compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These amendments will result in an unknown savings to non- small businesses. Information on how many instances the exemption will apply to an owner or operator of sub-slab vapor mitigation systems is not readily available. However, it is estimated that the savings will range between $2,800 and $3,500 per sampling event for each vent riser. Each system will have a specific vent riser count requirement. Stacks can range from four to 10 per project. As currently written, this rule requires each stack to be tested five times in the first year and twice a year after the first year for the life of the project. At a four stack site this could cost up to $70,000 in the first year, and up to $28,000 each subsequent year. Testing would be required for the life of the project. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 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: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43963.htm No. 43961 (Amendment): R307-405-2. Applicability. SUMMARY OF THE RULE OR CHANGE: The version of CFR that is incorporated by reference throughout this rule is updated from the July 1, 2011 version to the July 1, 2018 version. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change as it simply updates state rule to match the already existing federal requirements. - LOCAL GOVERNMENTS: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change as it simply updates state rule to match the already existing federal requirements. - SMALL BUSINESSES: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change as it simply updates state rule to match the already existing federal requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change as it simply updates state rule to match the already existing federal requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this rule updates the state rule to match already existing federal requirements, there are no expected compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this rule amendment will have no fiscal impact to businesses as the rule is being updated to match already existing federal requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 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: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43961.htm No. 43962 (Amendment): R307-410. Permits: Emissions Impact Analysis. SUMMARY OF THE RULE OR CHANGE: Section R307-410-3 is amended to updated the version of 40 CFR Part 51, Appendix W incorporated by reference from the July 1, 2005 version to the July 1, 2018 version. Subsection R307- 410-5(1)(c)(i)(B) is amended to update the definition of "ambient air" in 40 CFR 51.1(e) from the July 1, 2005 version to the July 1, 2018 version. The definition in the 2018 version of the CFR, however, is unchanged from the 2005 version. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as these amendments update this rule with already existing federal requirements. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments as these amendments update this rule with already existing federal requirements. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses as these amendments update this rule with already existing federal requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as these amendments update this rule with already existing federal requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated compliance costs as these amendments update this rule with already existing federal requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After a thorough evaluation of potential fiscal impacts of this rule, it was determined that there are no anticipated fiscal impacts on businesses from these proposed amendments as they simply update this rule to align with already existing federal requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 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: 11/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43962.htm WASTE MANAGEMENT AND RADIATION CONTROL, WASTE MANAGEMENT No. 43971 (Amendment): R315-260. Hazardous Waste Management System. SUMMARY OF THE RULE OR CHANGE: These changes amend Subsection R315-260- 2(b) by revising and adding Subsection (d). These changes also revise Section R315-260-10 by adding, in alphabetical order, the definitions of "AES filing compliance date," "Electronic import-export reporting compliance date," and "Recognized trader", and revise Section R315-260-11 to update references to the Federal Register. Several references to 40 CFR 265 were changed to Rule R315-265. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the state of Utah is not an importer or exporter of hazardous waste it is not anticipated that these revisions will have any impact on the state budget. Implementation of these rule changes by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because the export and import provisions of the rules are administered at the federal level by the EPA. - LOCAL GOVERNMENTS: There are no local governments that are importers or exporters of hazardous waste, and local governments will not be implementing these rule changes so it is not anticipated that there will be any cost or savings to local governments. - SMALL BUSINESSES: Currently, there are no small businesses in Utah that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any small business that exports or imports hazardous waste should already be following the rules. Any costs or savings to small businesses are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any small businesses that are in addition to those created by following the EPA's rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Currently, there are no persons other than small businesses, businesses, or local governments that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any persons other than small businesses, businesses or local governments that export or import hazardous waste should already be following the rules. Any costs to persons other than small businesses, businesses, or local governments are a result of following EPA's the rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any such persons that are in addition to those created by following the EPA's rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rule changes because the state of Utah is simply adopting these rules as required by EPA to maintain the equivalency of our program to that of EPA. The rule changes being adopted are administered at the federal government level by the EPA. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. Because these rule changes are being administered by the federal government, it is not anticipated that their adoption by the state of Utah will have any fiscal impact beyond the impact created by the federal adoption of these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43971.htm No. 43972 (Amendment): R315-261. General Requirements –- Identification and Listing of Hazardous Waste. SUMMARY OF THE RULE OR CHANGE: A typographical error was corrected in Subsection R316-261-1(a)(1) and rule numbering errors were corrected in Subsection R315-261-4(b)(18)(vi)(A). Additional subsection numbers were added in Subsections R315-261-4(d)(1) and R315-261-4(e)(1) to correspond with new subsections that were added at R315-261-4(d)(4) and (e)(4). Subsections R315-261-6(a)(3)(A) and (B) were deleted with the language at Subsection R315-261-6(a)(3)(i) revised to reflect the deletion and reference R315-262-80 through 84 where the new import and export rules are located. The language in Subsection R315-261-6(a)(5) was revised to reference the new location of import and export rules at R315-262-80 through 84. Incorporation by reference of 40 CFR 265.71 and 72 was replaced with reference to R315-265-71 and 72 in Subsection R315-261- 6(c)(2)(ii) because Rule R315-265 has been revised to include the specific rule language and not incorporate the rule by reference. Language in Subsection R315-261-39(a) was revised in accordance with the changes made to import and export rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the state of Utah is not an importer or exporter of hazardous waste it is not anticipated that these revisions will have any impact on the state budget. Implementation of these rule changes by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because the export and import provisions of the rules are administered at the federal level by the EPA. - LOCAL GOVERNMENTS: There are no local governments that are importers or exporters of hazardous waste, and local governments will not be implementing these rule changes so it is not anticipated that there will be any cost or savings to local governments. - SMALL BUSINESSES: Currently, there are no small businesses in Utah that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any small business that exports or imports hazardous waste should already be following the rules. Any costs or savings to small businesses are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any small businesses that are in addition to those created by following the EPA's rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Currently, there are not persons other than small businesses, businesses, or local governments that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any persons other than small businesses, businesses, or local governments that export or import hazardous waste should already be following the rules. Any costs to persons other than small businesses, businesses, or local governments are a result of following EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any such persons that are in addition to those created by following the EPA's rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rule changes because the state of Utah is simply adopting these rules as required by EPA to maintain the equivalency of our program to that of EPA. These rule changes being adopted are administered at the federal government level by the EPA. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. Because these rule changes are being administered by the federal government, it is not anticipated that their adoption by the state of Utah will have any fiscal impact beyond the impact created by the federal adoption of these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43972.htm No. 43973 (Amendment): R315-262. Hazardous Waste Generator Requirements. SUMMARY OF THE RULE OR CHANGE: A rule numbering reference in Subsection R315-262-10(d) was made in accordance with the revised import and export rules found later in Rule R315-262. Sections R315-262-50 through R315- 262-58, and R315-262-60 were deleted in accordance with the revised import and export rules. Sections R315-262-80 through R315-262-84 were revised extensively in accordance with the revised import and export rules. Sections R315-262-85 through R315-262-89 were deleted in accordance with the revised import and export rules. The paragraph for Item 18a in Section R315-262-217 was revised to remove references to 40 CFR 265 and replace them with the corresponding references in Rule R315- 265. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the state of Utah is not an importer or exporter of hazardous waste it is not anticipated that these revisions will have any impact on the state budget. Implementation of these rule changes by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because the export and import provisions of the rules are administered at the federal level by the EPA. - LOCAL GOVERNMENTS: There are no local governments that are importers or exporters of hazardous waste, and local governments will not be implementing these rule changes so it is not anticipated that there will be any cost or savings to local governments. - SMALL BUSINESSES: Currently, there are no small businesses in Utah that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any small business that exports or imports hazardous waste should already be following the rules. Any costs or savings to small businesses are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any small businesses that are in addition to those created by following the EPA's rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Currently, there are no persons other than small businesses, businesses, or local governments that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any persons other than small businesses, businesses, or local governments that export or import hazardous waste should already be following the rules. Any costs to persons other than small businesses, businesses, or local governments are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any such persons that are in addition to those created by following the EPA's rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rule changes because the state of Utah is simply adopting these rules as required by EPA to maintain the equivalency of our program to that of EPA. These rule changes being adopted are administered at the federal government level by the EPA. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. Because these rule changes are being administered by the federal government, it is not anticipated that their adoption by the state of Utah will have any fiscal impact beyond the impact created by the federal adoption of these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43973.htm No. 43974 (Amendment): R315-263. Standards Applicable to Transporters of Hazardous Waste and Standards Applicable to Emergency Control of Spills for All Hazardous Waste Handlers. SUMMARY OF THE RULE OR CHANGE: Subsections R315-263-10(d), R315-263- 20(a)(2), R315-263-20(c), R315-263-20(e)(2), R315-263-20(f)(2) and R315- 253-20(g)(4) were revised in accordance with the revised import and export rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the state of Utah is not an importer or exporter of hazardous waste it is not anticipated that these revisions will have any impact on the state budget. Implementation of these rule changes by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because the export and import provisions of the rules are administered at the federal level by the EPA. - LOCAL GOVERNMENTS: There are no local governments that are importers or exporters of hazardous waste and local governments will not be implementing these rule changes so it is not anticipated that there will be any cost or savings to local governments. - SMALL BUSINESSES: Currently, there are no small businesses in Utah that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any small business that exports or imports hazardous waste should already be following the rules. Any costs or savings to small businesses are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any small businesses that are in addition to those created by following the EPA's rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Currently, there are not persons other than small businesses, businesses, or local governments that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any persons other than small businesses, businesses, or local governments that export or import hazardous waste should already be following the rules. Any costs to persons other than small businesses, businesses, or local governments are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any such persons that are in addition to those created by following the EPA's rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rule changes because the state of Utah is simply adopting these rules as required by EPA to maintain the equivalency of our program to that of EPA. The rule changes being adopted are administered at the federal government level by the EPA. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. Because these rule changes are being administered by the federal government, it is not anticipated that their adoption by the state of Utah will have any fiscal impact beyond the impact created by the federal adoption of these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43974.htm No. 43975 (Amendment): R315-264. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: Subsections R315-264-12(a), R315-264- 71(a)(3) and R315-264-71(d) were revised in accordance with the revised import and export rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the state of Utah is not an importer or exporter of hazardous waste it is not anticipated that these revisions will have any impact on the state budget. Implementation of these rule changes by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because the export and import provisions of the rules are administered at the federal level by the EPA. - LOCAL GOVERNMENTS: There are no local governments that are importers or exporters of hazardous waste and local governments will not be implementing these rule changes so it is not anticipated that there will be any cost or savings to local governments. - SMALL BUSINESSES: Currently, there are no small businesses in Utah that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any small business that exports or imports hazardous waste should already be following the rules. Any costs or savings to small businesses are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any small businesses that are in addition to those created by following the EPA's rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Currently, there are not persons other than small businesses, businesses, or local governments that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any persons other than small businesses, businesses, or local governments that export or import hazardous waste should already be following the rules. Any costs to persons other than small businesses, businesses, or local governments are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any such persons that are in addition to those created by following the EPA's rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rule changes because the state of Utah is simply adopting these rules as required by EPA to maintain the equivalency of our program to that of EPA. The rule changes being adopted are administered at the federal government level by the EPA. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. Because these rule changes are being administered by the federal government, it is not anticipated that their adoption by the state of Utah will have any fiscal impact beyond the impact created by the federal adoption of these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43975.htm No. 43976 (Amendment): R315-265. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. SUMMARY OF THE RULE OR CHANGE: The rules being adopted are essentially identical to the rules contained in 40 CFR. "Director" is substituted for "Regional Administrator" and for most references to "EPA". The "Utah Division of Waste Management and Radiation Control" and the "Utah Department of Environmental Quality" are placed into the rules as the agencies to contact for various purposes. "Utah" is substituted for "State". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Adoption of these rules by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because these rules are already in effect in the state of Utah. This rulemaking simply adopts the rule language into Rule R315-265 instead of incorporating the language from 40 CFR 265 by reference. No new rules are being adopted. - LOCAL GOVERNMENTS: Adoption of these rules by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the budgets of any local governments because these rules are already in effect in the state of Utah. This rulemaking simply adopts the rule language into Rule R315-265 instead of incorporating the language from 40 CFR 265 by reference. No new rules are being adopted. - SMALL BUSINESSES: Adoption of these rules by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the budgets of any small businesses because these rules are already in effect in the state of Utah. This rulemaking simply adopts the rule language into Rule R315-265 instead of incorporating the language from 40 CFR 265 by reference. No new rules are being adopted. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Adoption of these rules by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the budgets of any persons other than small businesses, businesses, or local government entities because these rules are already in effect in the state of Utah. This rulemaking simply adopts the rule language into Rule R315-265 instead of incorporating the language from 40 CFR 265 by reference. No new rules are being adopted. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rules changes these rules are already in effect in the state of Utah. This rulemaking simply adopts the rule language into Rule R315-265 instead of incorporating the language from 40 CFR 265 by reference. No new rules are being adopted. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the rules being adopted are already in place and this is simply an administrative change it is not anticipated that there will be any fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43976.htm No. 43977 (Amendment): R315-266. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities. SUMMARY OF THE RULE OR CHANGE: References in Subsections R315-266- 70(b)(2) and (3) to 40 CFR 265 were changed to reference the appropriate sections of Rule R315-265. References in Subsections R315-266-70(b)(2) and (3) to the import and export rules found in Rule R315-262 were updated in accordance with the revised import and export rules. Section R315-266-80 was revised in accordance with the revised import and export rules. References in Subsections R315-266-80(b) to 40 CFR 265 were changed to reference the appropriate sections of Rule R315-265. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the state of Utah is not an importer or exporter of hazardous waste it is not anticipated that these revisions will have any impact on the state budget. Implementation of these rule changes by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because the export and import provisions of the rules are administered at the federal level by the EPA. - LOCAL GOVERNMENTS: There are no local governments that are importers or exporters of hazardous waste and local governments will not be implementing these rule changes so it is not anticipated that there will be any cost or savings to local governments. - SMALL BUSINESSES: Currently, there are no small businesses in Utah that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any small business that exports or imports hazardous waste should already be following the rules. Any costs or savings to small businesses are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any small businesses that are in addition to those created by following the EPA's rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Currently, there are not persons other than small businesses, businesses, or local governments that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any persons other than small businesses, businesses, or local governments that export or import hazardous waste should already be following the rules. Any costs to persons other than small businesses, businesses, or local governments are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any such persons that are in addition to those created by following the EPA's rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rule changes because the state of Utah is simply adopting these rules as required by EPA to maintain the equivalency of our program to that of EPA. These rule changes being adopted are administered at the federal government level by the EPA. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. Because these rule changes are being administered by the federal government, it is not anticipated that their adoption by the state of Utah will have any fiscal impact beyond the impact created by the federal adoption of these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43977.htm No. 43978 (Amendment): R315-273. Standards for Universal Waste Management. SUMMARY OF THE RULE OR CHANGE: Sections R315-273-20, R315-273-39, R315- 273-40, R315-273-56, R315-273-62 and R315-273-70 were revised in accordance with the revised import and export rules. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the state of Utah is not an importer or exporter of hazardous waste it is not anticipated that these revisions will have any impact on the state budget. Implementation of these rule changes by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because the export and import provisions of the rules are administered at the federal level by the EPA. - LOCAL GOVERNMENTS: There are no local governments that are importers or exporters of hazardous waste and local governments will not be implementing these rule changes so it is not anticipated that there will be any cost or savings to local governments. - SMALL BUSINESSES: Currently, there are no small businesses in Utah that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any small business that exports or imports hazardous waste should already be following the rules. Any costs or savings to small businesses are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any small businesses that are in addition to those created by following the EPA's rules. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Currently, there are not persons other than small businesses, businesses, or local governments that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any persons other than small businesses, businesses, or local governments that export or import hazardous waste should already be following the rules. Any costs to persons other than small businesses, businesses, or local governments are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any such persons that are in addition to those created by following the EPA's rules. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rule changes because the state of Utah is simply adopting these rules as required by EPA to maintain the equivalency of our program to that of EPA. The rule changes being adopted are administered at the federal government level by the EPA. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. Because these rule changes are being administered by the federal government it is not anticipated that their adoption by the state of Utah will have any fiscal impact beyond the impact created by the federal adoption of these rule changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rusty Lundberg by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov - Thomas Ball by phone at 801-536-0251, or by Internet E-mail at tball@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/15/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43978.htm GOVERNOR ECONOMIC DEVELOPMENT No. 43992 (Amendment): R357-24. Utah Works Program Rule. SUMMARY OF THE RULE OR CHANGE: Subsection R357-24-105(6) is removed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. This rule filing is merely removing an unnecessary requirement. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local governments because local governments are not required to comply with or enforce this rule. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because this proposed amendment does not create new obligations for small businesses, nor does it increase the costs associated with any existing obligation. Participation in the program is optional. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this proposed amendment does not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because participation in the program is optional. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The purpose of this rule filing is to clarify the standards for participation in the program and this rule filing is removing an unnecessary burden for participation in the program. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dane Ishihara by phone at 801-538-8865, or by Internet E-mail at dishihara@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43992.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 43955 (Amendment): R414-200. Non-Traditional Medicaid Health Plan Services. SUMMARY OF THE RULE OR CHANGE: These amendments remove provisions that limit the amount of days and visits allowed NTM members for inpatient and outpatient mental health services. They also specify covered and non- covered services, remove duplicative language from other rules, and make other clarifications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is an annual increase of about $19,600 to the general fund as a result of these changes. - LOCAL GOVERNMENTS: Local mental health authorities will see an annual cost increase of about $1,219,800 with the removal of limits to mental health inpatient and outpatient services. - SMALL BUSINESSES: Small businesses will see a share of revenue up to $1,239,400 with the removal of limits to mental health inpatient and outpatient services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid providers will see a share of revenue up to $1,239,400 with the removal of limits to mental health inpatient and outpatient services. Likewise, Medicaid members will see out-of-pocket savings based on that amount. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid member because these changes can only result in increased revenue and out-of-pocket savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Businesses will see an increase in revenue with the removal of limits to mental health services. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 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: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43955.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 43956 (Amendment): R426-1. General Definitions. SUMMARY OF THE RULE OR CHANGE: This amendment removes the definition for "CCEU", amends the definitions for "certify" and "levels of service." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments are not expected to have any fiscal impact on state government revenues or expenditures because it is for the changing of terms as applied to the Title R426 administrative rule series. State expenditures and staff time are not affected. - LOCAL GOVERNMENTS: These proposed rule amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because it is for the changing of terms as applied to the Title R426 administrative rule series. - SMALL BUSINESSES: These proposed rule amendments are not expected to have any fiscal impact on small businesses' revenues or expenditures because it is for the changing of terms as applied to the Title R426 administrative rule series. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The rule amendments do not create a fiscal impact for non-small businesses licensed as ambulance providers in Utah. These rule amendments simply update terms as used in the Title R426 administrative rule series. They clarify the use of terms including "certification", "endorsement", and "levels of service." They also eliminate a formerly used term of "CCEU". COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule amendments are not expected to have any fiscal impact for persons, such as patients or hospitals, who normally pay for EMS services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These proposed amendments remove the term CCEU and clarify use of the terms "certification," "endorsement", and "levels of service." The change has been approved by the EMS Rules Task Force and the EMS Committee. There will be no 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 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43956.htm No. 43979 (Amendment): R426-5. Emergency Medical Services Training, Certification, and Licensing Standards. SUMMARY OF THE RULE OR CHANGE: These changes remove tuberculosis test reporting to the Department of Health (Department), change terminology from "certification" to "endorsement", and allow specialty skills to be endorsed. They also remove references to the "CCEU" and adds positions to the EMS Rules Task Force. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These proposed rule amendments are not expected to have any fiscal impact on state government revenues or expenditures because they are for the changing of terms, and documentation for licensed individuals providers. State expenditures and staff time are not affected. - LOCAL GOVERNMENTS: These proposed rule amendments are not expected to have any fiscal impact on local governments' revenues or expenditures because they are for the changing of terms, and documentation for licensed individuals providers. - SMALL BUSINESSES: These proposed rule amendments are not expected to have any fiscal impact on small businesses' revenues or expenditures because they are for the changing of terms, and documentation for licensed individuals providers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule amendments do not create a fiscal impact for persons other than small businesses, businesses, or local government entities licensed as ambulance providers in Utah. These rule amendments will eliminate the requirement for individuals to report tuberculosis testing to the Department, change the terminology from "certification" to "endorsement" for licensing process clarity, and allow the Department to officially recognize specialty care skills as an endorsement for individuals. They also delete references to the CCEU, and add positions for the EMS Rules Task Force. COMPLIANCE COSTS FOR AFFECTED PERSONS: These proposed rule amendments are not expected to have any fiscal impact for affected persons, who normally use emergency medical services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no 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 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet E-mail at gdansie@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43979.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 43964 (Amendment): R432-45. Nurse Aide Training and Competency Evaluation Program. SUMMARY OF THE RULE OR CHANGE: These amendments add language for instructors in the Nurse Aide Training and Competency Evaluation Program (NATCEP) to be entered into the Direct Access Clearance System (DACS) to initiate a background clearance. These amendments also allow for CNAs with expired certificates in good standing to have three attempts to re- test. Due to multiple clinical sites, these amendments also remove the requirement for a two-hour orientation for CNAs at the clinical site. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State government licensing of health care facilities and agencies was thoroughly reviewed. These proposed rule amendments would not likely impact licensing deficiencies. - LOCAL GOVERNMENTS: Local government city business licensing requirements were considered. These proposed rule amendments should not impact local governments' revenues or expenditures. - SMALL BUSINESSES: After conducting a thorough analysis, it was determined that these rule amendments should not impact costs for small business health care facilities or agencies. There are approximately 35 NATCEPs in Utah. No financial impact will result for the training programs, as the individual instructors will incur the cost of their own background screening. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: After conducting a thorough analysis, it was determined that these rule amendments will affect individual instructors for the NATCEP. There were 58 instructors engaged in the past 12 months. Each instructor will incur an additional background screening monitoring fee of $18 to utilize the Direct Access Clearance System and a storage fee of $5. The total impact per person is $23. The total impact for all persons affected is $1,334. COMPLIANCE COSTS FOR AFFECTED PERSONS: After conducting a thorough analysis, it was determined that these proposed rule amendments will result in a fiscal impact to NATCEP instructors. Each instructor will incur an additional background screening monitoring fee of $18 to utilize the Direct Access Clearance System and a storage fee of $5. The total impact per person is $23. The total impact for all persons affected is $1,334. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no fiscal impact to businesses other than an additional $23 fee for each instruction for background screenings and storage. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kristi Grimes by phone at 801-273-2821, or by Internet E-mail at kristigrimes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43964.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH No. 43980 (New Rule): R523-20. Community Firearms Violence and Suicide Prevention Standards. SUMMARY OF THE RULE OR CHANGE: This rule provides the descriptions of the development and distribution of suicide prevention pamphlets, establishes a process for purchasing and distributing gun safety locks, and outlines a process for distributing gun safe coupons. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division of Substance Abuse and Mental Health (Division) was allocated ongoing $10,000 by the 2019 Legislature to produce suicide prevention pamphlets, and purchase gun safety locks for distribution, and $500,000 in onetime funds to provide coupons to counseled weapons card holders for the purchase of a gun lock. All funding will be used for those purposes, and these goods and services will be discontinued once funding has been depleted. - LOCAL GOVERNMENTS: Local Mental Health Authorities that participate in these programs will not be charged for the pamphlets or gun locks. - SMALL BUSINESSES: Small businesses that participate in these programs will not be charged for the pamphlets or gun locks that are distributed by them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Other persons may participate in receiving free suicide prevention pamphlets and gun locks, but this benefit is inestimable because it is unknown how many pamphlets and locks one person might receive, and the total coast for those items is not known at this time. One time funds of $500,000 are available for coupons to reimburse the cost of purchasing gun safes. These coupons are only available to Utah residents with a current concealed firearm permit, and Utah residents applying for concealed firearm permit. The amount of reimbursable money available per person through this coupon program will be 50 percent of the purchase price of a gun safe not to exceed a total of $100 per coupon. This benefit is inestimable because of the reimbursement formula, and the varying costs of gun safes that may be purchased. Small businesses should receive a benefit from this rule as well. The Division has determined that Sporting Goods Stores, NAICS 54111, of which there are 331 in the state at this time, are the most likely retailers to sell hand gun safes, and this rule provides an incentive to concealed firearm permit holders to potentially purchase a safe from one of these stores. This benefit is inestimable because of the varying types and costs of gun safes that may be purchased, and the possibility that concealed permit owners may choose to purchase their safes at one of the 15 non-small business sporting goods retailers in the state, and the 3 other general merchandise non-small businesses, NAICS 452319, in the state, that have been determined to possibly provide gun safes for purchase. Also, there is a possibility that a number of safes will be purchased on the internet. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance cost to local governments, businesses, or other persons in this new rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will result in a positive fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2019 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov - Thomas Dunford by phone at 801-538-4181, by FAX at 801-538-4696, or by Internet E-mail at tdunford@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 10/08/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43980.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm-code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. EDUCATION ADMINISTRATION No. 43957 (5-year Review): R277-471. School Construction Oversight, Inspections, Training and Reporting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides specific provisions for the oversight of permanent or temporary public school construction/renovation inspections and to identify LEA board responsibilities and accountability to the Board. 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: 08/06/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43957.htm No. 43958 (5-year Review): R277-504. Early Childhood, Elementary, Secondary, Special Education (K-12), and Preschool Special Education (Birth-Age 5) Licensure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it specifies the requirements for Early Childhood (K-3), Elementary (K-6), Elementary (1- 8), Secondary (6-12), Special Education (K-12), and Preschool Special Education (Birth-Age 5) licensing. This rule also specifies the standards which the Board expects a teacher preparation institution to meet in specific areas for the institution to receive Board approval of the program. 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: 08/06/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43958.htm No. 43959 (5-year Review): R277-607. Truancy Prevention. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because this rule directs LEAs to establish procedures for informing parents about compulsory education laws, encouraging and monitoring school attendance consistent with the law, and providing firm consequences for noncompliance. This rule encourages meaningful incentives for parental responsibility and directs LEAs to establish ongoing truancy prevention procedures in schools, especially for students in grades 1-8. 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: 08/06/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43959.htm No. 43960 (5-year Review): R277-706. Public Education Regional Service Centers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides definitions and procedures for school districts to form interlocal agreements, and to provide for distribution of legislative funds to eligible regional service centers by the Board. 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: 08/06/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43960.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 43981 (5-year Review): R512-310. Reasonable and Prudent Parent Standard. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to continue to establish standards for normalcy for a child who is in the custody of Child and Family Services, including a reasonable and prudent parent standard and normalizing activities for children. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Jonah Shaw by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov EFFECTIVE: 08/12/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43981.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 43951 (5-year Review): R657-54. Taking Wild Turkey. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-54 provides the requirements, standards, and application procedures for the taking of wild turkey. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success for the wild turkey populations and wildlife programs. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 08/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43951.htm No. 43952 (5-year Review): R657-68. Trial Hunting Authorization. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-68 implements the trial hunting authorization program established in Section 23-19-14.6 to expand public participation in hunting sports by allowing a person to temporarily obtain specified hunting licenses and permits, and participate in hunting activities on a trial basis without first satisfying regular hunter education requirements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 08/05/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43952.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43966 (5-year Review): R746-401. Reporting of Construction, Purchase, Acquisition, Sale, Transfer or Disposition of Assets. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The continuation of this rule is necessary to allow the PSC to carry out its statutory mandate under the above cited statutes. This rule provides guidelines for utilities for the reporting of construction, sale, transfer, or disposition of utility assets. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Paschal by phone at 801-530-6769, or by Internet E-mail at mpaschal@utah.gov - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov EFFECTIVE: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43966.htm No. 43965 (5-year Review): R746-700. Complete Filings for General Rate Case and Major Plant Addition Applications. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The PSC developed this rule in consultation with participants from prior PSC proceedings to follow and incorporate the participants' practices relating to the information developed and exchanged among themselves and with the PSC in these types of proceedings. Applications of this nature continue to be filed with the PSC. Thus, this rule describing the complete filing requirements needs to be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Melissa Paschal by phone at 801-530-6769, or by Internet E-mail at mpaschal@utah.gov - Michael Hammer by phone at 801-530-6729, or by Internet E-mail at michaelhammer@utah.gov EFFECTIVE: 08/07/2019 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2019/20190901/43965.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 DEBT COLLECTION No. 43801 (AMD): R21-1.Transfer of Collection Responsibility of State Agencies Published: 07/01/2019 Effective: 08/07/2019 No. 43802 (AMD): R21-2.Office of State Debt Collection Administrative Procedures Published: 07/01/2019 Effective: 08/07/2019 No. 43803 (AMD): R21-3.Debt Collection Through Administrative Offset Published: 07/01/2019 Effective: 08/07/2019 AGRICULTURE AND FOOD REGULATORY SERVICES No. 43777 (AMD): R70-310.Grade A Pasteurized Milk Published: 07/01/2019 Effective: 08/13/2019 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 43779 (AMD): R156-50.Private Probation Provider Licensing Act Rule Published: 07/01/2019 Effective: 08/08/2019 ENVIRONMENTAL QUALITY AIR QUALITY No. 43587 (AMD): R307-110-28.Regional Haze Published: 04/01/2019 Effective: 08/15/2019 No. 43587 (CPR): R307-110-28.Regional Haze Published: 07/15/2019 Effective: 08/15/2019 WASTE MANAGEMENT AND RADIATION CONTROL, RADIATION No. 43810 (AMD): R313-19-34.Terms and Conditions of Licenses Published: 07/01/2019 Effective: 08/09/2019 No. 43809 (AMD): R313-22-75.Special Requirements for a Specific License to Manufacture, Assemble, Repair, or Distribute Commodities, Products, or Devices Which Contain Radioactive Material Published: 07/01/2019 Effective: 08/09/2019 No. 43812 (AMD): R313-32.Medical Use of Radioactive Material Published: 07/01/2019 Effective: 08/09/2019 GOVERNOR ECONOMIC DEVELOPMENT No. 43814 (AMD): R357-15.Enterprise Zone Tax Credit Published: 07/01/2019 Effective: 08/12/2019 MONEY MANAGEMENT COUNCIL ADMINISTRATION No. 43815 (NEW): R628-22.Conditions and Procedures for the use of Negotiable Brokered Certificates of Deposit Published: 07/01/2019 Effective: 08/07/2019 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 43811 (NEW): R746-460.Rules Governing Customer Information and Marketing for Large-Scale Electric and Gas Utilities Published: 07/01/2019 Effective: 08/07/2019 SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION No. 43792 (AMD): R850-70.Sales of Forest Products From Trust Lands Administration Lands Published: 07/01/2019 Effective: 08/07/2019 RULES INDEX The Rules Index is a cumulative index that reflects all administrative rulemaking actions made effective since January 1. The Rules Index is not included Digest. However, a copy of the current Rules Index is available https://rules.utah.gov/researching/ . <> ----------------------------