---------------------------- Utah State Digest, Vol. 2017, No. 13 (July 1, 2017) ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed June 2, 2017, 12:00 AM through June 15, 2017, 11:59 PM Volume 2017, No. 13 July 1, 2017 Prepared by Office of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Digest under authority of Section 63G-3-402. The Digest is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this Bulletin issue is available at https://rules.utah.gov/publications/utah- state-bull/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/. The Digest is available free of charge online at https://rules.utah.gov/publications/utah-state-dig/ and by e-mail Listserv. ************************************************ Office of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** SPECIAL NOTICES Public Notice of Section 110(l) Demonstration - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/sn159078.htm EXECUTIVE DOCUMENTS Under authority granted by the Utah Constitution and various federal and state statutes, the Governor periodically issues Executive Documents, which can be categorized as either Executive Orders, Proclamations, and Declarations. Executive Orders set policy for the executive branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. Proclamations call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. Declarations designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Office of Administrative Rules for publication and distribution. Executive Order Creating an Executive Water Finance Board, Utah Exec. Order No. 2017-5 - Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by Internet E-mail at Abuchholz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/execdocs/2017/ExecDoc159061.htm NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a substantive change to an existing rule. With a Notice of Proposed Rule, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between June 2, 2017, 12:00 a.m., and June 15, 2017, 11:59 p.m. are summarized in this, the July 1, 2017, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the July 1, 2017, issue of the Utah State Bulletin until at least July 31, 2017 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through October 29, 2017, 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. ADMINISTRATIVE SERVICES FINANCE No. 41798 (Amendment): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: The rule increases reimbursement rates for in-state food reimbursements, and increases mileage reimbursements for use of a private vehicle. (Editor's Note: A corresponding 120-day (emergency) rule that is effective as of 07/01/2017 is under Filing No. 41797 in this issue, July 1, 2017, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be an increased cost to the state as in-state food per diem rates have increased, and mileage reimbursement rates have increased for private vehicles. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - LOCAL GOVERNMENTS: There will potentially be an increased cost to certain local governments as in-state food per diem rates have increased, and mileage reimbursement rates have increased for private vehicles. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - SMALL BUSINESSES: Small businesses may see an increase in revenue. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see a slight increase in their per diem reimbursement amounts for in-state travel, and people will see a slight increase in their mileage reimbursement if using a private vehicle. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes reimbursement rates and does not require any new action on the part of persons applying for reimbursements, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are reasonable and warranted. After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41798.htm PURCHASING AND GENERAL SERVICES No. 41799 (Amendment): R33-26. State Surplus Property. SUMMARY OF THE RULE OR CHANGE: The changes to this rule include correcting capitalization errors; correcting the formatting of statute and rule citations; the addition of the definitions of "state agency" and "state surplus property"; the addition of Section R33-26-200 which outlines the disposition of surplus property; the addition of an exception for directors and state officials to sell or gift surplus state-owned electronic devices via on-line auction if certain conditions are met; the addition of Subsection R33-26-202(3) which allows for the transfer of state surplus property from one state agency directly to another without Division of Purchasing approval, the removal of Sections R33-26-203, R33-26-701, and R33-26-801; and the addition of Section R33-26-900 which provides the website for the state surplus property rates and fees. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. This rule simply outlines the internal procedures that state agencies must follow to dispose of surplus property in accordance with the laws set forth in statute. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. This rule simply outlines the internal procedures that state agencies must follow to dispose of surplus property in accordance with the laws set forth in statute. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. This rule simply outlines the internal procedures that state agencies must follow to dispose of surplus property in accordance with the laws set forth in statute. - 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 governments. This rule simply outlines the internal procedures that state agencies must follow to dispose of surplus property in accordance with the laws set forth in statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings for affected persons. This rule simply outlines the internal procedures that state agencies must follow to dispose of surplus property in accordance with the laws set forth in statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Fay Tan by phone at 801-538-3524, or by Internet E-mail at ftan@utah.gov - Kent Beers by phone at 801-538-3143, by FAX at 801-538-3882, or by Internet E-mail at kbeers@utah.gov - Simone Rudas by phone at 801-538-3240, or by Internet E-mail at srudas@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41799.htm EDUCATION ADMINISTRATION No. 41768 (Amendment): R277-101. Utah State Board of Education Procedures. SUMMARY OF THE RULE OR CHANGE: Text that that does not specifically pertain to public participation in Board meetings is removed; text is reorganized and renumbered; and various other technical changes are made to the text. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Removing and reorganizing text and making technical and conforming changes to the rule will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: The amendments to this rule will likely not result in a cost or savings to local government. This rule provides procedures for public participation in Board meetings and does affect local government. - SMALL BUSINESSES: The amendments to this rule will likely not result in a cost or savings to small businesses. This rule and the amendments provide procedures for public participation in Board meetings and do not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. This rule and the amendments provide procedures for public participation in Board meetings and do not affect persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Removing and reorganizing text and making technical and conforming changes to the rule will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41768.htm No. 41769 (Repeal): R277-103. USOE Government Records and Management Act. SUMMARY OF THE RULE OR CHANGE: Rule R277-103 provides procedures for appropriate public access to government records, which is already laid out in Title 63G, Chapter 2, Government Records Access and Management Act. Consequently, Rule R277-103 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R277-103 will likely not result in a cost or savings to the state budget. The language in this rule is largely repetitive of provisions in state law. - LOCAL GOVERNMENTS: Repealing Rule R277-103 will likely not result in a cost or savings to local government. The language in this rule is largely repetitive of provisions in state law. - SMALL BUSINESSES: Repealing Rule R277-103 will likely not result in a cost or savings to the small businesses. The language in this rule is largely repetitive of provisions in state law. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing Rule R277-103 will likely not result in a cost or savings to the persons other than small businesses, businesses, or local government entities. The language in this rule is largely repetitive of provisions in state law. COMPLIANCE COSTS FOR AFFECTED PERSONS: Repealing Rule R277-103 will likely not result in any compliance costs for affected persons. The language in this rule is largely repetitive of provisions in state law. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that repealing this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41769.htm No. 41770 (Repeal): R277-111. Sharing of Curriculum Materials by Public School Educators. SUMMARY OF THE RULE OR CHANGE: Rule R277-111 provides information and assurance to public school educators about sharing materials created or developed by educators primarily for use in their own classes or assignments. This rule allows and encourages educators to use valuable time and resources to improve instruction and instructional practices with assistance from appropriate materials developed by other educators. The standards and procedures in this rule are being added into the new Rule R277-120, and therefore, Rule R277-111 is being repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R277-111 will likely not result in a cost or savings to the state budget. The standards and procedures in this rule are provided for in a new rule. - LOCAL GOVERNMENTS: Repealing Rule R277-111 will likely not result in a cost or savings to local government. The standards and procedures in this rule are provided for in a new rule. - SMALL BUSINESSES: Repealing Rule R277-111 will likely not result in a cost or savings to small businesses. The standards and procedures in this rule are provided for in a new rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing Rule R277-111 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The standards and procedures in this rule are provided for in a new rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Repealing Rule R277-111 will likely not result in any compliance costs for affected persons. The standards and procedures in this rule are provided for in a 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 repealing this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41770.htm No. 41771 (Repeal): R277-115. Material Developed with State Public Education Funds. SUMMARY OF THE RULE OR CHANGE: Rule R277-115 provides that education materials developed by LEAs or a public education employee using state public education funds are available to Utah educators, that educators licensed by the Board of Education are not personally enriched, consistent with the Utah Public Employees Ethics Act, by developing education materials as part of their public education employment, and that the board receives appropriate and accurate acknowledgment for materials produced or provided or both by the board for LEAs. This rule is being added to the new Rule R277-120, and therefore, Rule R277-115 is being repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R277-115 will likely not result in a cost or savings to the state budget. The standards and procedures in this rule are provided for in a new rule. - LOCAL GOVERNMENTS: Repealing Rule R277-115 will likely not result in a cost or savings to local government. The standards and procedures in this rule are provided for in a new rule. - SMALL BUSINESSES: Repealing Rule R277-115 will likely not result in a cost or savings to small businesses. The standards and procedures in this rule are provided for in a new rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing Rule R277-115 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The standards and procedures in this rule are provided for in a new rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Repealing Rule R277-115 will likely not result in any compliance costs for affected persons. The standards and procedures in this rule are provided for in a 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 repealing this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41771.htm No. 41772 (New Rule): R277-120. Licensing of Material Developed with Public Education Funds. SUMMARY OF THE RULE OR CHANGE: This new rule provides standards and procedures related to the licensing and sharing of public education materials funded by the Board, public education materials funded by an LEA, and classroom materials developed by Utah educators. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Combining the standards and procedures from two rules scheduled to be repealed into this one new rule will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Combining the standards and procedures from two rules scheduled to be repealed into this one new rule will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Combining the standards and procedures from two rules scheduled to be repealed into this one new rule will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Combining the standards and procedures from two rules scheduled to be repealed into this one new rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Combining the standards and procedures from two rules scheduled to be repealed into this one new rule will likely not result in any 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 proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41772.htm No. 41773 (New Rule): R277-121. Board Waiver of Administrative Rules. SUMMARY OF THE RULE OR CHANGE: This new rule defines terms; provides provisions for waiver requests and Board review of waiver requests; and provides provisions for an annual review of approved waivers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Implementation of this new Rule R277-121 will likely not result in a cost or savings to the state budget. Provisions regarding waiver of Board rules are currently in Rule R277-101. - LOCAL GOVERNMENTS: Implementation of this new Rule R277-121 could result in a cost or savings to a school district or charter school seeking a waiver from Board rule under this rule depending on the waiver. Costs and/or savings are very speculative at this time. - SMALL BUSINESSES: Implementation of this new R277-121 will likely not result in a cost or savings to small businesses. This new rule applies to public education and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Implementation of this new Rule R277-121 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Provisions regarding waiver of Board rules are currently in Rule R277-101. COMPLIANCE COSTS FOR AFFECTED PERSONS: Implementation of this new Rule R277- 121 will likely not result in any compliance costs for affected persons. Provisions regarding waiver of Board rules are currently in Rule R277-101. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41773.htm No. 41774 (Repeal): R277-408. Grants for Online Testing. SUMMARY OF THE RULE OR CHANGE: Rule R277-408 provides for grants to LEAs to implement uniform online testing required under U-PASS testing requirements, including meeting technology standards established by the Board of Education aligned with Utah's core standards, and provide local matching funds. State funding for grants for online testing has been eliminated. Consequently, Rule R277-408 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R277-408 will likely not result in a cost or savings to the state budget. The rule is no longer necessary because the grants for online testing have been phased out due to the elimination of funding for the grants. - LOCAL GOVERNMENTS: Repealing Rule R277-408 will likely not result in a cost or savings to local government. The rule is no longer necessary because the grants for online testing have been phased out due to the elimination of funding for the grants. - SMALL BUSINESSES: Repealing Rule R277-408 will likely not result in a cost or savings to small businesses. The rule is no longer necessary because the grants for online testing have been phased out due to the elimination of funding for the grants. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing Rule R277-408 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The rule is no longer necessary because the grants for online testing have been phased out due to the elimination of funding for the grants. COMPLIANCE COSTS FOR AFFECTED PERSONS: Repealing Rule R277-408 will likely not result in any compliance costs for affected persons. The rule is no longer necessary because the grants for online testing have been phased out due to the elimination of funding for the grants. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that repealing this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41774.htm No. 41775 (Amendment): R277-410. Accreditation of Schools. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-410 provide removal of any references to accrediting bodies, outdated language, and provide technical and conforming changes in accordance with the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Updating the rule and removing outdated language will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Updating the rule and removing outdated language will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Updating the rule and removing outdated language will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Updating the rule and removing outdated language will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Updating the rule and removing outdated language will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41775.htm No. 41776 (Amendment): R277-460. Distribution of Substance Abuse Prevention Account. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-460 give the Superintendent the authority to increase administration program support from .5 FTE to a full FTE due to the increased need in program support. The amendments also provide technical and conforming changes in accordance with the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule will likely not result in a cost or savings to the state budget. Funds are available in the Substance Abuse Prevention Account to cover additional costs. - LOCAL GOVERNMENTS: The amendments to this rule will likely not result in a cost or savings to local government. Funds are available in the Substance Abuse Prevention Account to cover additional costs. - SMALL BUSINESSES: The amendments to this rule will likely not result in a cost or savings to small businesses. This program applies to public education program administration and should not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Funds are available in the Substance Abuse Prevention Account to cover additional costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule will likely not result in any compliance costs for affected persons. Funds are available in the Substance Abuse Prevention Account to cover additional costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41776.htm No. 41777 (Repeal): R277-467. Distribution of Funds Appropriated for Library Media Materials and Electronic Resources. SUMMARY OF THE RULE OR CHANGE: Rule R277-467 distributes an on-going appropriation, subject to budget constraints, to LEAs. The appropriation is designated for school library media materials and electronic resources. These provisions are already laid out in statute. Consequently, Rule R277- 467 is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R277-467 will likely not result in a cost or savings to the state budget. The provisions of this rule are in statute. - LOCAL GOVERNMENTS: Repealing Rule R277-467 will likely not result in a cost or savings to local government. The provisions of this rule are in statute. - SMALL BUSINESSES: Repealing Rule R277-467 will likely not result in a cost or savings to small businesses. The provisions of this rule are in statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing R277-467 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The provisions of this rule are in statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: Repealing Rule R277-467 will likely not result in any compliance costs for affected persons. The provisions of this rule are in statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that repealing this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41777.htm No. 41778 (Amendment): R277-479. Charter School Special Education Student Funding Formula. SUMMARY OF THE RULE OR CHANGE: Rule R277-479 is amended to provide technical and conforming changes in accordance with the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Providing technical and conforming changes to the rule will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Providing technical and conforming changes to the rule will likely not result in a cost or savings to local government. This rule provides procedures for public participation in Board meetings and does affect local government. - SMALL BUSINESSES: Providing technical and conforming changes to the rule will likely not result in a cost or savings to small businesses. This rule and the amendments provide procedures for public participation in Board meetings and do not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Providing technical and conforming changes to the rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Providing technical and conforming changes to the rule will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41778.htm No. 41779 (Amendment): R277-484. Data Standards. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-484 provide new and revised definitions, remove unnecessary language, restructure the rule, and provide technical and conforming changes in accordance with the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Changes to the rule are primarily restructuring and technical which will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41779.htm No. 41780 (Amendment): R277-485. Loss of Enrollment. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-485 provide technical and conforming changes in accordance with the Rulewriting Manual for Utah and provide language to clarify eligibility procedures. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Changes to the rule are primarily restructuring and technical which will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41780.htm No. 41781 (Amendment): R277-488. Critical Languages Program. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-488 provide technical and conforming changes in accordance with the Rulewriting Manual for Utah, and provide some changes in terminology. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Changes to the rule are primarily restructuring and technical which will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41781.htm No. 41782 (Amendment): R277-489. Early Intervention Program. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-489 provide provisions to clarify the Early Intervention Program application process; provide for required use of a uniform kindergarten entry and exit assessments; provide provisions for the use of entry and exit assessment data; and provide technical and conforming changes to the rule in accordance with the Rulemaking Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to the rule will likely not result in a cost or savings to the state budget. Funding was provided for in the 2017 General Session for a uniform kindergarten assessment for local education agencies (LEAs) participating in certain programs. - LOCAL GOVERNMENTS: Changes to the rule will likely not result in a cost or savings to local government. Schools, based on the assessments, may be eligible to receive early intervention program funding. - SMALL BUSINESSES: Changes to the rule will likely not result in a cost or savings to small businesses. The early intervention program applies to public education and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Changes to the rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Funding was provided for in the 2017 General Session for a state- mandated uniform kindergarten assessment for LEAs participating in certain programs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There could be compliance costs in the form of withholding of funds for LEAs participating in the program that fail to provide complete, accurate, and timely reporting as required by this rule. Any costs would be very speculative and, it is anticipated that LEAs will comply with the requirements of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41782.htm No. 41783 (New Rule): R277-493. Kindergarten Supplemental Enrichment Program. SUMMARY OF THE RULE OR CHANGE: Rule R277-493 defines terms and provides provisions for program administration. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Implementation of this new rule will likely not result in a cost or savings to the state budget. Funding for the program was provided for in the 2017 General Session under H.B. 168 for administration of the program. - LOCAL GOVERNMENTS: This new rule will likely not result in a cost or savings to local government. Funding for the program was provided for in the 2017 General Session under H.B. 168 for administration of the program. - SMALL BUSINESSES: This new rule will likely not result in a cost or savings to small businesses. The Kindergarten Supplemental Enrichment Program applies to public education and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Funding for the program was provided for in the 2017 General Session under H.B. 168 for administration of the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: There could be compliance costs in the form of withholding of funds for local education agencies (LEAs) participating in the program that fail to provide complete, accurate, and timely reporting as required by this rule. Any costs would be very speculative, and it is anticipated that LEAs will comply with the requirements of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41783.htm No. 41784 (New Rule): R277-514. Deaf Education in Public Schools. SUMMARY OF THE RULE OR CHANGE: Rule R277-514 defines terms; provides provisions for a deaf education license area of concentration; and provides for Utah State Board of Education approval of an institution of higher education's deaf education preparation program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This new Rule R277-514 provides provisions for deaf education licensing which will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: This new Rule R277-514 provides provisions for deaf education licensing which will likely not result in a cost or savings to local government. - SMALL BUSINESSES: This new Rule R277-514 provides provisions for deaf education licensing which will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This new Rule R277-514 provides provisions for deaf education licensing which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: This new Rule R277-514 provides provisions for deaf education licensing which will likely not result in any 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 proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41784.htm No. 41785 (Amendment): R277-520. Appropriate Licensing and Assignment of Teachers. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-520 incorporate provisions for new deaf education licensing and provide technical and conforming changes to the rule in accordance with the Rulemaking Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which likely will not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41785.htm No. 41786 (Amendment): R277-531. Public Educator Evaluation Requirements (PEER). SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-531 remove a component of the public educator evaluation framework that provides for the evaluation of provisional educators; and provide for the Utah State Board of Education to annually monitor 25% of school districts' evaluation systems. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Removing an evaluation requirement and specifying a percentage for school district monitoring purposes will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Removing an evaluation requirement and specifying a percentage for school district monitoring purposes will likely not result in a cost or savings to local government. - SMALL BUSINESSES: This rule and the amendments to this rule apply to public education and will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Removing an evaluation requirement and specifying a percentage for school district monitoring purposes will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Removing an evaluation requirement and specifying a percentage for school district monitoring purposes will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41786.htm No. 41787 (Amendment): R277-533. District Educator Evaluation Systems. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-533 eliminate certain prescriptive requirements from the rule to give school districts more flexibility over their educator evaluation systems. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Removing prescriptive requirements from the rule to provide more flexibility to school districts will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Removing prescriptive requirements from the rule to provide more flexibility to school districts will likely not result in a cost or savings to local government. - SMALL BUSINESSES: This rule and the amendments to this rule apply to public education and will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Removing prescriptive requirements from the rule to provide more flexibility to school districts will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Removing prescriptive requirements from the rule to provide more flexibility to school districts will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41787.htm No. 41788 (Amendment): R277-609-4. LEA Responsibilities to Develop Plans. SUMMARY OF THE RULE OR CHANGE: The amendments to Section R277-609-4 revise the provision that allows physical restraint to be used in schools. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41788.htm No. 41789 (Repeal): R277-618. Educator Peer Assistance and Review Pilot Program (PAR Program). SUMMARY OF THE RULE OR CHANGE: This rule provides criteria and procedures for participation in the PAR Program as required by Section 53A-8a-802. The state law associated with this program has been repealed, and the funding associated with this program has been discontinued. Consequently, Rule R277- 618 is being repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R277-618 will likely not result in a cost or savings to the state budget. The state law and funding for this program are no longer in place. - LOCAL GOVERNMENTS: Repealing Rule R277-618 will likely not result in a cost or savings to local government. The state law and funding for this program are no longer in place. - SMALL BUSINESSES: Repealing Rule R277-618 will likely not result in a cost or savings to small businesses. The state law and funding for this program are no longer in place. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing Rule R277-618 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The state law and funding for this program are no longer in place. COMPLIANCE COSTS FOR AFFECTED PERSONS: Repealing Rule R277-618 will likely not result in any compliance costs for affected persons. The state law and funding for this program are no longer in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that repealing this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41789.htm No. 41790 (Repeal): R277-720. Child Nutrition Programs. SUMMARY OF THE RULE OR CHANGE: This rule specifies the standards and procedures for child nutrition programs administered by the Board of Education. Standards, procedures, and programs for Child Nutrition Programs are provided for in federal and state law. Consequently, Rule R277-720 is being repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Repealing Rule R277-720 will likely not result in a cost or savings to the state budget. Provisions are provided for in federal and state law, making this rule unnecessary. - LOCAL GOVERNMENTS: Repealing Rule R277-720 will likely not result in a cost or savings to local government. Provisions are provided for in federal and state law, making this rule unnecessary. - SMALL BUSINESSES: Repealing Rule R277-720 will likely not result in a cost or savings to small businesses. Provisions are provided for in federal and state law, making this rule unnecessary. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Repealing Rule R277-720 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Provisions are provided for in federal and state law, making this rule unnecessary. COMPLIANCE COSTS FOR AFFECTED PERSONS: Repealing Rule R277-720 will likely not result in any compliance costs for affected persons. Provisions are provided for in federal and state law, making this rule unnecessary. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that repealing this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41790.htm No. 41791 (Amendment): R277-733. Adult Education Programs. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-733 provide definition and procedural changes, incorporating by reference the "Utah Adult Education Policies and Procedures Guide," and updating program standards, and fiscal procedures. Technical and conforming changes to bring the rule into compliance with the Rulewriting Manual for Utah are also provided. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Procedural changes and technical and conforming changes will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Procedural changes and technical and conforming changes will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Procedural changes and technical and conforming changes will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Procedural changes and technical and conforming changes will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Procedural changes and technical and conforming changes will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41791.htm No. 41792 (Amendment): R277-735. Corrections Education Programs. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-735 update procedures for providing services, allocation of funds, fiscal procedures, and definitions. Technical and conforming changes are provided in accordance with the Rulewriting Manual for Utah. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Procedural changes and technical and conforming changes will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Procedural changes and technical and conforming changes will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Procedural changes and technical and conforming changes will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Procedural changes and technical and conforming changes will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Procedural changes and technical and conforming changes will likely not result in any 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41792.htm No. 41793 (New Rule): R277-753. LEA Reporting Requirements for Section 504 Students. SUMMARY OF THE RULE OR CHANGE: This new rule defines terms and provides LEA Section 504 reporting requirements in accordance with Section 53A-17a-112.2. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Implementation of this new Rule R277-753 will result in a cost to the state budget. Systems for the Board to receive information are in place, but will need to be reprogrammed. Costs are speculative. - LOCAL GOVERNMENTS: Implementation of this new Rule R277-753 may result in a cost to school districts and charter schools that serve students who qualify for Section 504 accommodation services. LEAs will need to report the information required by this rule, but that is likely to be performed by existing staff and within existing budgets. - SMALL BUSINESSES: Implementation of this new Rule R277-753 will likely not result in a cost or savings to small businesses. This new rule applies to public education and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Implementation of this new Rule R277-753 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. There is no change for students receiving Section 504 accommodations. COMPLIANCE COSTS FOR AFFECTED PERSONS: Implementation of this new Rule R277- 753 will likely not result in any compliance costs for affected persons. It is anticipated that LEAs will report the information as provided for in this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41793.htm No. 41794 (Amendment): R277-911. Secondary Career and Technical Education. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-911 provide for school districts and charter schools that receive additional funding for career and technical education (CTE) programs to annually submit a memorandum of understanding (MOU) to the State Superintendent of Public Instruction; revised and new terms; and minor terminology changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to procedures, definitions, and terminology in this rule will likely not result in a cost or savings to the state budget. - LOCAL GOVERNMENTS: Changes to procedures, definitions, and terminology in this rule will likely not result in a cost or savings to local government. - SMALL BUSINESSES: Changes to procedures, definitions, and terminology in this rule will likely not result in a cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Changes to procedures, definitions, and terminology in this rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: A provision in Rule R277-911 provides for withholding of funds from a school district or charter school for not submitting an MOU as required in this rule. If that were to happen, costs are too speculative to determine at this time. It is anticipated, however, that a school district or charter schools will comply with the requirements of this rule, so there will likely be no 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 the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41794.htm No. 41795 (Amendment): R277-923. American Indian and Alaskan Native Education State Plan Pilot Program. SUMMARY OF THE RULE OR CHANGE: The amendments to Rule R277-923 provide for four- and five-year American Indian and Alaskan Native Education State Plan Pilot Program grants. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments to this rule will likely not result in a cost or savings to the state budget. The grant programs under this rule are currently administered by Utah State Board of Education staff. - LOCAL GOVERNMENTS: The amendments to this rule will likely not result in a cost or savings to local government. Funding is provided for grant recipients. - SMALL BUSINESSES: The amendments to this rule will likely not result in a cost or savings to small businesses. Funding is provided for grant recipients. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The amendments to this rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Funding is provided to grant recipients. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule will likely not result in any compliance costs for affected persons. Funding is provided to grant recipients. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41795.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 41814 (Amendment): R307-101-2. Definitions. SUMMARY OF THE RULE OR CHANGE: The rule defines "coating" with a definition that has been used by EPA and is similar to prior definitions used by the Division of Air Quality (DAQ). The definition for "coating" is currently included in each rule, but with this rule amendment it is being moved to the general definitions section. The rule defines "composite vapor pressure" as the sum of the partial pressures of the compounds defined as VOCs. The rule defines "VOC content" with an equation that can be used by regulated sources. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment does not add any costs or savings to the state budget because it is merely defining terms that are used throughout the Utah Air Quality rules. It does not add any substantive requirements for third parties. - LOCAL GOVERNMENTS: This rule amendment does not add any costs or savings to the local government because it is merely defining terms that are used throughout the Utah Air Quality rules. It does not add any substantive requirements for third parties. - SMALL BUSINESSES: This rule amendment does not add any costs or savings to small businesses because it is merely defining terms that are used throughout the Utah Air Quality rules. It does not add any substantive requirements for third parties. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment does not add any costs or savings to persons other than small businesses, businesses, or local government entities because it is merely defining terms that are used throughout the Utah Air Quality rules. It does not add any substantive requirements for third parties. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because this rule amendment does not add any substantive requirements for third parties. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. This rule amendment does not add any costs or savings to businesses because it is merely defining terms that are used throughout the Utah Air Quality rules. It does not add any substantive requirements for third parties. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41814.htm No. 41809 (New Rule): R307-304. Solvent Cleaning. SUMMARY OF THE RULE OR CHANGE: The proposed rule will contain the industrial solvent cleaning requirements that were previously found in Rule R307-335. The applicability threshold of this rule will also be lower than the previous version found in Rule R307-335. The rule will also provide a vapor pressure limit that can be used by regulated entities as an alternative to the VOC content limits in the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or saving to the state budget because the rule is regulating solvent cleaning operations that use 55 gallons or more of VOC containing solvent products a year. This does not describe the state. - LOCAL GOVERNMENTS: There are no anticipated costs or saving to local governments because the rule is regulating solvent cleaning operations that use 55 gallons or more of VOC containing solvent products a year. This does not describe local governments. - SMALL BUSINESSES: There are no anticipated costs or saving to small businesses. Small businesses that use VOC containing solvent products for solvent cleaning operations and general solvent usage are likely already regulated under Rule R307-335. The content limits have not changed. Due to the lower threshold for applicability, more people may be regulated by this rule than are currently regulated under Rule R307-335. The cost per ton of emissions reduced for these additional sources will be about $4.36 per ton of VOCs removed. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will likely be no costs or savings to "other persons" because the applicability threshold is set at a level that is meant to exclude all hobbyists that are not part of a business or governmental entity. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance costs will be the same as they were when these requirements were originally included in Rule R307- 335. The cost per ton of VOC emissions reduced as a result of this rule will be about $4.36. A greater amount of product used will result in a greater total cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. This is because the source of any cost would be the difference in the price between compliant and non-compliant solvents. The difference in this cost is nominal. In addition to the nominal price difference, the rule provides more flexibility for sources to choose what type of solvent they would like to use. This is done in the form of a vapor pressure limit alternative that can be used in place of the mass based content limit currently in the rule. The nominal price difference, combined with the opportunity to use a wider variety of products, means that the rule amendment will not have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41809.htm No. 41810 (Amendment): R307-335. Degreasing and Solvent Cleaning Operations. SUMMARY OF THE RULE OR CHANGE: The changes include the removal of everything in the rule related to industrial solvent cleaning. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local governments because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to "other persons" because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because the rule is removing requirements related to solvent cleaning operations. It is not adding any affirmative requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. There will be no fiscal impact on businesses as a result of this rule change because the rule is removing requirements related to solvent cleaning operations. It is not adding any new, affirmative requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41810.htm No. 41824 (Amendment): R307-343. Emissions Standards for Wood Furniture Manufacturing Operations. SUMMARY OF THE RULE OR CHANGE: The applicability threshold is reduced from 2.7 tons per year (tpy) potential to emit to the use of a combined 20 gallons or more of coating products and solvents combined. The definition of a coating is removed from the rule and added to the definitions in Rule R307- 101, General Requirements. The coating categories are updated to current types of coatings used in the industry. The agency is also separating out the types of polyurethanes that currently fall under the topcoat or sealer category. The VOC limits for the two component polyurethanes are being slightly elevated from 0.9 to 1.0 lb VOC/lb solids. Canned aerosol coating products that are less than 22 fl. oz. and used exclusively for touch-up or repair are now exempt. (Editor's Note: The proposed amendment to Section R307-101-2 is under Filing No. 41814 in this issue, July 1, 2017, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $2,616 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $2,616 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that businesses that use coatings for wood furniture are regulated by Rule R307- 343. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 337122, Nonupholstered Wood Household Furniture Manufacturing; 337215, Showcase, Partition, Shelving, and Locker Manufacturing; 337121, Upholstered Household Furniture Manufacturing; 321999, All Other Miscellaneous Wood Product Manufacturing; 337211, Wood Office Furniture Manufacturing; 337110, Wood Kitchen Cabinet and Countertop Manufacturing; and 337127, Institutional Furniture Manufacturing. The Division used data from Utah's FirmFind database to determine that there are at least 330 total businesses and 317 small businesses that have these codes. Of those businesses, DAQ has determined that 191 sources may be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 191 small businesses that have been identified by DAQ as businesses that may be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and approximately 1,200 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $6,000 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between 1 and 10 employees. They do not use large quantities of product. It is important to note that many large businesses that are closer to the 1,200 gallon threshold will likely not be impacted by the rule. This is because they may already be required to comply with the rule based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the 191 businesses identified by, the aggregate annual fiscal impact of the rule on all businesses in Utah will range between $19,100 and $1,146,000. Once again, the total cost will fall toward the lower end of the spectrum ($19,100) because of the size of the businesses and the likelihood that large businesses are already complying with the rule. These figures represent the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. EPA has estimated the total cost of this type of regulation to be $2,616 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41824.htm No. 41816 (Amendment): R307-344. Paper, Film, and Foil Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application-based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes included added definitions and a new record keeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $1,878 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative impact of the rule on small businesses in accordance with Subsection 63G-3- 301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule helps to prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact this rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. It also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses the flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $1,878 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use paper, film, and foil coating products are regulated by Rule R307-344. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 322110, Pulp Mills; 322121, Paper (except newsprint) Mills; 322211, Corrugated and Solid Fiber Box Manufacturing; 322212, Folding Paperboard Manufacturing; 322219, Other Paperboard Container Manufacturing; 322220, Paper Bag and Coated and Treated Paper Manufacturing; 322230, Stationery Product Manufacturing; 322299, All other Converted Paper Product Manufacturing; 326111, Plastics Bag and Pouch Manufacturing; and 322291, Sanitary Paper Product Manufacturing. The Division used data from Utah’s FirmFind database to determine that there are 35 total businesses and 19 small businesses in the relevant counties that have these codes. Of those businesses, 19 may be impacted by the rule. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 19 small businesses that have been identified by DAQ as businesses that are likely to be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and 2,700 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $13,500 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount. This is because most of the businesses that are impacted by the amendment are small businesses with between one and ten employees. They do not use large quantities of product. Some of these businesses may also already be using compliant coatings and will not have any additional costs associated with the rule amendment. Large businesses that are closer to the 2,700 gallon threshold are likely not impacted by the rule because they already are required to comply with it based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Based on the 19 businesses identified by DAQ from the FirmFind database, the aggregate fiscal impact of the rule on all businesses will range between $1,900 and $256,500. Once again, the total cost will fall toward the lower end of the spectrum because of the size of the businesses and the likelihood that large businesses are already complying with the rule. These figures represent the continuing annual cost to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. The EPA has estimated the total cost of this type of regulation to be $1,878 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41816.htm No. 41817 (Amendment): R307-345. Fabric and Vinyl Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application-based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes included added definitions and a new record keeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $3,658 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule helps to prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact this rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses the flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $3,658 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use fabric and vinyl coating products are regulated by Rule R307-345. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 339991, Gasket Packing, and Sealing Device Manufacturing; 313210, Broadwoven Fabric Mills; and 313320, Fabric Coating Mills. The Division used data from Utah’s FirmFind database to determine that there are 12 total businesses and 11 small businesses in the relevant counties that have these codes. Of those businesses, 11 could possibly be impacted by the rule. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 11 small businesses that have been identified by DAQ as businesses that are likely to be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and approximately 2,455 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $12,275 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between one and ten employees. They do not use large quantities of product. Some of these businesses may also already be using compliant coatings and will not have any additional costs associated with the rule amendment. Large businesses that are closer to the 2,455 gallon threshold are likely not impacted by the rule amendment because they already are required to comply with it based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Based on the eleven businesses identified by DAQ from the FirmFind database, the aggregate fiscal impact of the rule amendment on all businesses will range between $1,100 and $135,025. Once again, the total cost will fall toward the lower end of the spectrum because of the size of the businesses and the likelihood that large businesses are already complying with the rule. These figures represent the continuing annual cost to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. The EPA has estimated the total cost of this type of regulation to be $3,658 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41817.htm No. 41818 (Amendment): R307-346. Metal Furniture Surface Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes included added definitions and a new record keeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $2,482 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $2,482 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use metal furniture surface coatings are regulated by Rule R307-346. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 337121, Upholstered Household Furniture Manufacturing; 337124, Metal Household Furniture Manufacturing; and 337215 Showcase, Partition, Shelving, and Locker Manufacturing. The Division used data from Utah's FirmFind database to determine that there are 29 total businesses and 28 small businesses in the relevant counties that have these codes. Of those businesses, all 29 could possibly be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 28 small businesses that have been identified by DAQ as businesses that are likely to be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and 1,543 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $7,715 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between one and ten employees. They do not use large quantities of product. Large businesses that are closer to the 1,543 gallon threshold are likely not impacted by the rule because they may already be required to comply with it based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the 29 businesses identified by DAQ from the FirmFind database, the aggregate fiscal impact of the rule on all businesses in Utah will range between $2,900 and $223,735. Once again, the total cost will fall toward the lower end of the spectrum ($2,900) because of the size of the businesses and the likelihood that larger businesses are already complying with the rule. These figures represent the continuing annual cost to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. EPA has estimated the total cost of this type of regulation to be $2,482 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41818.htm No. 41819 (Amendment): R307-347. Large Appliance Surface Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes include added definitions and a new record keeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $2,482 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $2,482 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use coatings for large appliance surfaces are regulated by Rule R307-347. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 333414, Heating Equipment (except Warm Air Furnaces) Manufacturing and 335210, Small Electrical Appliance Manufacturing. The Division used data from Utah's FirmFind database to determine that there are six total businesses and five small businesses in the relevant counties that have these codes. Of those businesses, five could possibly be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are five small businesses that have been identified by DAQ as businesses that are likely to be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and approximately 1,763 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $8,815 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between 1 to 10 employees. They do not use large quantities of product. Large businesses that are closer to the 1,763 gallon threshold are likely not impacted by the rule because they may already be required to comply with it based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the five businesses identified by DAQ from the FirmFind database, the aggregate fiscal impact of the rule on all businesses in Utah will range between $500 and $44,075. Once again, the total cost will fall toward the lower end of the spectrum ($500) because of the size of the businesses and the likelihood that large businesses are already complying with the rule. These figures represent the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ’s best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. EPA has estimated the total cost of this type of regulation to be $2,482 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41819.htm No. 41826 (Amendment): R307-348. Magnet Wire Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to "sources that emit 2 tons per year or more of VOC emissions". The "add-on control system" and "recordkeeping" sections are also being amended to clarify the requirements of the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the state is not a source of magnet wire coating emissions. - LOCAL GOVERNMENTS: There will be no impact on the local government because the local governments are not a source of magnet wire coating emissions. - SMALL BUSINESSES: There will likely be no additional costs to small businesses because there are no new small businesses that are impacted by this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $6,857 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. This is because the amendments to the rule did not bring in any new sources that were not already regulated by Rule R307-348, and the VOC content limits did not change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41826.htm No. 41820 (Amendment): R307-349. Flat Wood Panel Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application-based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes included added definitions and a new recordkeeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $2,680 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $2,680 per ton of VOC emissions removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use coatings for flat wood paneling are regulated by Rule R307-349. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 321113, Sawmills; 321912, Cut Stock, Resawing Lumber, and Planing; 321918, Other Millwork (including Flooring); and 337215, Showcase, Partition, Shelving, and Locker Manufacturing. The Division used data from Utah's FirmFind database to determine that there are 42 total businesses and 40 small businesses in the relevant counties that have these codes. Of those businesses, 40 could possibly be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 40 small businesses that have been identified by DAQ as businesses that are likely to be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and approximately 2,571 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $12,855 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between 1 and 10 employees. They do not use large quantities of product. It is important to note that many large businesses that are closer to the 2,571 gallon threshold will likely not be impacted by the rule because they may already be required to comply with it based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the 40 businesses identified by DAQ from the FirmFind database, the aggregate annual fiscal impact of the rule on all businesses in Utah will range between 4,000 and 514,200 dollars. Once again, the total cost will fall toward the lower end of the spectrum ($4000) because of the size of the businesses and the likelihood that large businesses are already complying with the rule. These figures represent the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ’s best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. EPA has estimated the total cost of this type of regulation to be $2,680 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41820.htm No. 41821 (Amendment): R307-350. Miscellaneous Metal Parts and Products Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application-based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes included added definitions and a new recordkeeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $2,111 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $2,111 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use coatings for miscellaneous metal parts and products are regulated by Rule R307-350. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 333618, Other Engine Equipment Manufacturing; 336390, Other Motor Vehicle Parts Manufacturing; 332216, Saw Blade and Handtool Manufacturing; 332323, Ornamental and Architectural Metal Work Manufacturing, 333111, Farm Machinery and Equipment Manufacturing; 333922, Conveyor and Conveying Equipment Manufacturing; 333112, Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing; 333120, Construction Machinery Manufacturing; 333923, Overhead Traveling Crane, Hoist, and Monorail System; 336510, Railroad Rolling Stock Manufacturing; 333131, Mining Machinery and Equipment Manufacturing; 333132, Oil and Gas Field Machinery and Equipment; 333921, Elevator and Moving Stairway Manufacturing; 332439, Other Metal Container Manufacturing; 332999, All Other Miscellaneous Fabricated Metal Product; 333517, Machine Tool Manufacturing; 333511, Industrial Mold Manufacturing; 333514, Special Die and Tool, Die Set, Jig, and Fixture; 333515, Cutting Tool and Machine Tool Accessory; 333991, Power-Driven Handtool Manufacturing; 333519, Rolling Mill and Other Metalworking Machinery Manufacturing; 333992, Welding and Soldering Equipment Manufacturing; and 335311, Power, Distribution, and Specialty Transformer. The Division used data from Utah's FirmFind database to determine that there are 288 total businesses and 232 small businesses that have these codes. Of those businesses, 232 businesses may be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 232 small businesses that have been identified by DAQ as businesses that may be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and approximately 1,543 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $7,715 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between 1 and 10 employees. They do not use large quantities of product. It is important to note that many large businesses that are closer to the 1,543 gallon threshold will likely not be impacted by the rule. This is because they may already be required to comply with the rule based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the 232 businesses identified by DAQ from the FirmFind database, the aggregate annual fiscal impact of the rule on all businesses in Utah will range between $23,200 and $1,789,880. Once again, the total cost will fall toward the lower end of the spectrum ($23,200) because of the size of the businesses and the likelihood that large businesses are already complying with the rule. These figures represent the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. The EPA has estimated the total cost of this type of regulation to be $2,111 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41821.htm No. 41825 (Amendment): R307-351. Graphic Arts. SUMMARY OF THE RULE OR CHANGE: The applicability threshold is being changed from a "potential to emit" to an application based threshold. This amendment reduces the exemption for solvent cleaners that do not meet the VOC vapor pressure or density requirements from 110 gallons to 55 gallons/yr. The definition section has also been amended to clarify the meaning of several terms used in the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the state is not a source of graphic art-related VOC emissions. - LOCAL GOVERNMENTS: There will be no impact on local government because local governments are not a source of graphic art-related VOC emissions. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $4,000 to $5,000 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $4,000 to $5,000 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the 25 tons of VOC emissions on a per press basis to the "use of a combined 450 gallons or more" of product. Some larger businesses that use presses that use enough product to emit 25 tons of VOC annually are not impacted by this rule amendment. Therefore, the businesses most likely impacted by this amendment are smaller businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Code: 541430, Graphic Design Services. The Division used data from Utah's FirmFind database to determine that there are 258 total businesses and 258 small businesses that have this code. DAQ estimates that 100 of the 258 businesses may be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 100 small businesses that have been identified by DAQ as businesses that may be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non- compliant products. This means that businesses impacted by the rule will spend at least $2,250 annually to comply with the rule. The cost will increase at a rate of $5 for each additional gallon used. Most of the businesses that are impacted by the amendment are small businesses with between 1 and 10 employees. They do not use large quantities of product and their costs will be close to the $2,250 estimate. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the 100 businesses identified by DAQ, the aggregate annual fiscal impact of the rule on all businesses in Utah will be at least $225,000. This figure represents the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. The total cost of this type of regulation has been estimated to be $4,000 - $5,000 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41825.htm No. 41822 (Amendment): R307-352. Metal Container, Closure, and Coil Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application-based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes include added definitions and a new recordkeeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $3,369 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $3,369 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use coatings for metal containers, closures, and coils are regulated by Rule R307-352. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 332996, Fabricated Pipe and Pipe Fitting Manufacturing and 332439, Other Metal Container Manufacturing. The Division used data from Utah's FirmFind database to determine that there are 18 total businesses and 16 small businesses that have these codes. Of those businesses, 15 may be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 15 small businesses that have been identified by DAQ as businesses that may be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and approximately 1,543 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $7,715 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the 100 dollar amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between 1 and 10 employees. They do not use large quantities of product. It is important to note that many large businesses that are closer to the 1,543 gallon threshold will likely not be impacted by the rule. This is because they may already be required to comply with the rule based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the 15 businesses identified by DAQ from the FirmFind database, the aggregate annual fiscal impact of the rule on all businesses in Utah will range between $1,500 and $115,725. Once again, the total cost will fall toward the lower end of the spectrum ($1,500) because of the size of the businesses and the likelihood that large businesses are already complying with the rule. These figures represent the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. EPA has estimated the total cost of this type of regulation to be $3,369 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41822.htm No. 41823 (Amendment): R307-353. Plastic Parts Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application-based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes included added definitions and a new record keeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The state would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - LOCAL GOVERNMENTS: There will be no impact on local governments because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. The local governments would likely have already fallen under the prior rule applicability threshold. Therefore, there are no added costs. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $2,111 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $2,111 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use coatings for plastic parts are regulated by Rule R307- 353. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Codes: 326160, Plastics Bottle Manufacturing; 326191, Plastics Plumbing Fixture Manufacturing; 325211, Plastics Material and Resin Manufacturing; 326111, Plastics Bag and Pouch Manufacturing; 326112, Plastics Packaging Film and Sheet (including Laminated) Manufacturing; 326113, Unlaminated Plastics Film and Sheet (except Packaging) Manufacturing; 326121, Unlaminated Plastics Profile Shape Manufacturing; 326122, Plastics Pipe and Pipe Fitting Manufacturing; and 326130 Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing. DAQ used data from Utah's FirmFind database to determine that there are 57 total businesses and 45 small businesses that have these codes. Of those businesses, 32 may be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. Big businesses use more product and are already regulated under the current version of the rule. There are 32 small businesses that have been identified by DAQ as businesses that may be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and approximately 1,080 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $5,400 annually to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between 1 and 10 employees. They do not use large quantities of product. It is important to note that many large businesses that are closer to the 1,080 gallon threshold will likely not be impacted by the rule. This is because they may already be required to comply with the rule based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the 32 businesses identified by DAQ from the FirmFind database, the aggregate annual fiscal impact of the rule on all businesses in Utah will range between $3,200 and $172,800. Once again, the total cost will fall toward the lower end of the spectrum ($3,200) because of the size of the businesses and the likelihood that large businesses are already complying with the rule. These figures represent the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. EPA has estimated the total cost of this type of regulation to be $2,111 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41823.htm No. 41827 (Amendment): R307-354. Automotive Refinishing Coatings. SUMMARY OF THE RULE OR CHANGE: The applicability section is being amended from "potential to emit 2.7 tons per year or more of VOC" emissions to an application-based threshold of "a combined 20 gallons or more of coating products and associated solvents per year." Other changes included added definitions and a new recordkeeping section. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. This change does not impact the state. Therefore, there is no cost or savings for the state. - LOCAL GOVERNMENTS: There will be no impact on local government because the only substantive change to the rule that could result in costs for the regulated party is the change in the applicability threshold. This change does not impact local government. Therefore, there is no cost or savings for local governments. - SMALL BUSINESSES: There will be an impact on small businesses because the new rule applicability threshold will cause several small businesses to be regulated by the rule that were not regulated previously. The cost to these businesses will depend on how much material is used. These businesses will pay an estimated $2,864 per ton of VOC emissions removed from the air. The Division of Air Quality (DAQ) has considered methods of reducing the negative fiscal impact of the rule on small businesses in accordance with Subsection 63G-3-301(6) but cannot establish less stringent requirements, schedules, or deadlines; simplify compliance or reporting requirements; replace design standards with performance standards; or exempt small businesses from the proposed rule. This is because the rule is required by federal law to satisfy the Clean Air Act requirement to implement Best Available Control Measures in the manner prescribed by the PM2.5 Implementation Rule, See 42 U.S.C. 7513a (b)(1) and 40 CFR 51.1010(a)(1) through (5). The rule also helps prevent future violations of federal air quality standards. Although the rule is required to help prevent future air quality violations and comply with federal law, DAQ has taken steps to reduce the negative fiscal impact the rule may have on small businesses. The rule provides regulated sources with flexibility and potential cost saving alternatives in regard to compliance. This includes a vapor pressure limit, instead of a density-based limit, for solvents. The vapor pressure limit gives businesses greater flexibility as to the types of solvents they may use. The rule also includes the option to use an add-on control device that can be used as an alternative to meeting the content limits in the rule. These provisions give businesses flexibility to comply with the rule in the way that makes the most sense for them. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $2,864 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 2.7 tons or more of VOC" to the "use of a combined 20 gallons or more" of product. This new threshold is meant to ensure that all businesses that use automotive refinishing coatings are regulated by Rule R307-354. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are small businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The number of businesses that are impacted by this rule amendment is difficult to predict because there is no data on the quantity of regulated product used by each business in the relevant areas. The rule generally covers businesses that have the following NAICS Code: 811121, Automotive Body, Paint, and Interior Repair and Maintenance. The Division used data from Utah's FirmFind database to determine that there are 324 total businesses and 324 small businesses that have these codes. Of those businesses, 268 may be impacted by the rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The amendments to this rule will likely only have a fiscal impact on small businesses. There are 268 small businesses that have been identified by DAQ as businesses that may be fiscally impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 20 and approximately 1,688 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $100 and $8,440 dollars to comply with the rule. Most of the businesses impacted by the rule will be closer to the $100 amount on the spectrum. This is because most of the businesses that are impacted by the amendment are small businesses with between 1 and 10 employees. They do not use large quantities of product. It is important to note that many of the larger businesses that are closer to the 1,688 gallon threshold will likely not be impacted by the rule. This is because they may already be required to comply with the rule based on the fact that they have the potential to emit over 2.7 tons of VOC emissions. Some of the small businesses may also already be using compliant coatings and will not have any additional costs as a result of the rule amendment. Based on the 268 potentially impacted businesses identified by DAQ from the FirmFind database, the aggregate annual fiscal impact of the rule on all businesses in Utah will range between $26,800 and $2,261,920. Once again, the total cost will fall toward the lower end of the spectrum ($26,800) because of the size of the businesses and the likelihood that larger businesses are already complying with the rule. These figures represent the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. EPA has estimated the total cost of this type of regulation to be $2,864 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41827.htm No. 41830 (Amendment): R307-355. Control of Emissions from Aerospace Manufacture and Rework Facilities. SUMMARY OF THE RULE OR CHANGE: The rule applicability is being changed to 55 gallons or greater of VOC containing materials per year. The rule exemption for the maximum amount of small quantity coating formulations has been reduced from 200 gallons per year to 20 gallons per year. A new exemption has been added for small quantity use for adhesives with an annual limit of 10 gallons or less. The add-on control capture and control efficiency minimum has been increased from 81% to 90%. All of the specialty coatings have been defined in the text instead of incorporated by reference. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no impact on the state budget because the state is not a source of the relevant aerospace-related emissions. - LOCAL GOVERNMENTS: There will be no fiscal impact on local governments because local governments are not a source of the relevant aerospace-related emissions. - SMALL BUSINESSES: There will not be a fiscal impact on small businesses because the Division of Air Quality (DAQ) could not identify a single small business that meets the applicability threshold of the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities will not be impacted by this rule because the rule applicability threshold is set at a level that excludes hobbyists and other people that are not businesses or governments. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost for people who are affected by the rule will be about $3,672 per ton of VOC removed from the air. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: The proposed rule may result in a fiscal impact to some businesses because the rule amendment changes the applicability threshold. The threshold is being changed from the "potential to emit 10 tons or more of VOC" emissions to the use of "a combined 55 gallons or more" of product. This new threshold is meant to ensure that all businesses that use aerospace coatings are regulated by Rule R307-355. Businesses that already have the potential to emit 2.7 tons or more of VOC are not impacted by the rule amendment. Therefore, the businesses most likely impacted by this amendment are businesses that did not previously meet the applicability threshold of the rule. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The Division estimates that there are four total businesses and zero small businesses that will be impacted by this rule amendment. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: There are zero small businesses that will be impacted by this rule amendment. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The rule amendment potentially impacts businesses that apply between 55 and approximately 6,250 gallons of regulated product annually. After speaking with industry experts, DAQ has determined that the source of the cost is an average $5 per gallon difference between compliant and non-compliant products. This means that businesses impacted by the rule will spend between $275 and $31,250 annually to comply with the rule. Based on the four businesses identified by DAQ, the aggregate annual fiscal impact of the rule amendment on all businesses in Utah will range between and $1,100 and $125,000, depending on the quantity of regulated product used. These figures represent the continuing annual costs to businesses. There are no one-time costs associated with the rule amendment. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: The above analysis represents DAQ's best estimate as to the fiscal impact this rule amendment will have on businesses. If a company uses a greater quantity of product, then the rule amendment will cause a more significant fiscal impact. The EPA has estimated the total cost of this type of regulation to be $3,672 per ton of VOC emissions removed from the atmosphere. The EPA considers this cost to be reasonable in the context of implementing Best Available Control Measures (BACM), as required by the Clean Air Act for Serious nonattainment areas. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 08/15/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ryan Stephens by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 07/27/2017 01:00 PM, DEQ Bldg, 195 N 1950 W, DEQ Board Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 08/22/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41830.htm HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 41831 (Amendment): R386-703. Injury Reporting Rule. SUMMARY OF THE RULE OR CHANGE: The proposed amendment defines the types of laboratories for reporting injuries and the lowering of the case definition from greater than or equal to 10 micrograms per deciliter to greater than or equal to 5 micrograms per deciliter at which intervention is determined for a child exposed to lead. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings at the state level. Any costs will come out of existing budgets. - LOCAL GOVERNMENTS: There will be anticipated costs to local government by adding this language to the rule. The lowering of the case definition will increase the number of cases being identified by the local health districts to provide case management. The anticipated cost throughout Utah's health districts is estimated to be $25,841 per year. - SMALL BUSINESSES: There will be no anticipated costs or savings to small businesses by adding this language to the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: As stated above, local government will have anticipated costs by adding this language to the rule. The lowering of the case definition will increase the number of cases being identified for the local health districts to provide case management. The anticipated cost throughout Utah's health districts is estimated to be $25,841 per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be anticipated costs to the local health districts adding this language to this rule. The anticipated cost throughout Utah's health districts is estimated to be $25,841 per year. In addition, the Utah Department of Health will need to change their reporting criteria in their reporting system to the local health districts. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. No negative fiscal impacts are expected to result in this amendment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Sam LeFevre by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at slefevre@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41831.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 41805 (Amendment): R477-1. Definitions. SUMMARY OF THE RULE OR CHANGE: This change adds a definition for direct supervisor in Subsection R477-1-1(36), renumbers definitions under Subsections R477-1-1(36) through (45), adds a definition for employee's family member in Subsection R477-1-1(46) and renumbers all subsequent subsections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41805.htm No. 41806 (Amendment): R477-2. Administration. SUMMARY OF THE RULE OR CHANGE: The changes modify Section R477-2-8 to clarify what public officials are prohibited from doing if the decision regards a family member. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only effects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41806.htm No. 41807 (Amendment): R477-6. Compensation. SUMMARY OF THE RULE OR CHANGE: This change alters Section R477-6-11 to double severance salary for employees leaving schedules AB and AC while leaving it the same for other eligible schedule codes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do no directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business. Rules published by the Department of Human Resource Management (DHRM) have no direct impact on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41807.htm No. 41808 (Amendment): R477-8. Working Conditions. SUMMARY OF THE RULE OR CHANGE: This change reorganizes Section R477-8-17 by eliminating Subsection R477-8-1(3) and moving its content into Subsection R477-8-1(1) so that it does not also apply to Subsection R477-8-1(2). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business. Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act," Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bryan Embley by phone at 801-538-3069, or by Internet E-mail at bkembley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41808.htm HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 41802 (Amendment): R539-10. Short-Term Limited Waiting List Services. SUMMARY OF THE RULE OR CHANGE: This rule amendment changes the time frames with which recipients of short-term limited respite care services may use their allotted budgets from being available only during the fiscal year in which they were granted to being available for 365 days from the date the budget and plan was activated. This rule also clarifies the selection process for determining who is selected to participate in the short-term limited respite care program for that year, and removes unnecessary language regarding eligibility requirements. It provides a preference for those families who were not selected in previous years while still allowing the Division to provide services to those who have received it in the previous year, provided the Division has sufficient funds to do so. This change also eliminates form selection and enrollment process for short-term limited family skill building. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Review of the amendments to this rule confirms that there is no additional anticipated cost or savings to the state budget as a result of these changes. This rule changes time frames and the selection process but does not impact funding for the Division, services providers, recipients, or the public. - LOCAL GOVERNMENTS: Review of the amendments to this rule confirms that there is no additional anticipated cost or savings to the local government as a result of these changes. Local governments neither enforce nor are affected by the time frames and selection process for short-term limited respite care services. Therefore, no cost or savings to local governments are anticipated. - SMALL BUSINESSES: Review of the amendments to this rule confirms that there is no additional anticipated cost or savings to small business as a result of these changes. Adjusting the time frames and selection process does not affect small business because the number of people served by small or large provider agencies stay the same, as do the services provided. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Review of the amendments to this rule confirms that there is no additional anticipated cost or savings to other persons as a result of these changes. Adjusting the time frames and selection process does not affect individuals, partnerships or other persons because the total number of individuals served remains the same as do the services provided. The changes result in no additional cost savings and do not result in any compliance costs, and therefore does not impact the funding for the Division, services providers, recipients, or the public. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments to this rule do not result in any compliance costs for persons with disabilities, persons' families or guardians, or any other persons or entities. This rule changes time frames and the selection process but does not impact funding for the Division, services providers, recipients, or the public. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Human Services anticipates no financial impact on businesses. This rule changes time frames and the selection process but does not impact funding for the Division, services providers, recipients, or the public. After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jolene Hanna by phone at 801-538-4154, or by Internet E-mail at jhanna@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41802.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 41832 (Amendment): R657-6. Taking Upland Game. SUMMARY OF THE RULE OR CHANGE: The proposed revisions: 1) clarify the definition of "Baiting"; 2) clarify possession of live protected wildlife; 3) clarify closures on all National Wildlife Refuges; and 4) make technical corrections. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment clarifies existing rule language. It does not make any changes to the process or employee workload. Therefore, the Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since this amendment has minimal impact on individual hunters and no impact on the local governments, DWR finds that this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment clarifies existing rule language and therefore does not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment clarifies existing rule language and therefore does not have the potential to generate a cost or savings impact to sportsmen or the other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this amendment will not create additional costs for those who participate in wildlife- related activities in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41832.htm No. 41833 (Amendment): R657-54. Taking Wild Turkey. SUMMARY OF THE RULE OR CHANGE: The proposed revisions clarify the definition of "Baiting". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment clarifies existing rule language. It does not make any changes to the process or employee workload. Therefore, the Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget since the changes will not increase workload and can be carried out with existing budget. - LOCAL GOVERNMENTS: Since these amendments will impact only the individual sportsmen wishing to participate in turkey hunting and has no impact on the local governments, DWR finds that this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment clarifies existing rule language and therefore does not have the potential to generate a cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment clarifies existing rule language and therefore does not have the potential to generate a cost or savings impact to sportsmen or the other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this amendment will not create additional costs for those who wish to participate in turkey hunts. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41833.htm SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH. ADMINISTRATION No. 41804 (Repeal and Reenact): R856-1. USTAR Technology Acceleration Program Grants. SUMMARY OF THE RULE OR CHANGE: This rule describes the eligibility, reporting, and other criteria required for an entity to receive a grant under Section 63M-2-503, including: 1) the form and process of submitting a grant application; 2) a description of entities eligible to apply for a grant; 3) a description of specific categories of projects that are eligible for a grant; 4) the criteria that will be considered in evaluating and awarding grants; and 5) the contracting and reporting requirements of grant recipients. The change is to: 1) clarify the language in the administrative rules for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; and 3) to make USTAR administrative rule language similar across grant programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: After conducting a thorough analysis, it was determined that this proposed rule is expected to have a cost savings for business. It is a grant program that provides businesses with funding to develop new technologies, saving them some of the costs to develop those technologies. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The aggregate funding for this particular grant is up to $4,500,000 per year. It is estimated to impact up to 40 companies that could be awarded funding per year. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The small business that could be impacted would be the estimated up to 40 companies that could be awarded funding. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The company and university would receive funding from USTAR to offset the company's research and development costs. The total aggregate savings for businesses could be up to $4,500,000 annually. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: Any potential costs on businesses would be limited to the time and materials spent to complete an application and will affect only those that choose to apply. Businesses that are awarded funding will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Peter Jay by phone at 801-372-3969, or by Internet E-mail at pjay@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41804.htm No. 41812 (Repeal and Reenact): R856-2. USTAR University-Industry Partnership Program Grants. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR Industry Partnership Program Grants and describes the eligibility, reporting, and other criteria required for an entity to receive a grant under Section 63M-2- 503, including: 1) the form and process of submitting a grant application; 2) a description of entities eligible to apply for a grant; 3) a description of specific types of research projects that are eligible for a grant; 4) the criteria that will be considered in evaluating and awarding grants; and 5) the contracting and reporting requirements of grant recipients. The change is to: 1) clarify the language in the administrative rules for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; and 3) to make USTAR administrative rule language similar across grant programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: After conducting a thorough analysis, it was determined that this proposed rule is expected to have a cost savings for business. It is a grant program where businesses partner with universities to perform research and development on the development of new technologies. USTAR provides matching or shared funds to assist with the research and development. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: the grant funding for this particular grant is up to $1,000,000 per year. It is estimated to impact up to 20 companies that could win awards for matching USTAR IPP funding. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The small business that could be impacted would be the estimated up to 20 companies that could win awards. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: The company and university would receive funding from USTAR to offset the company's research and development costs. The total aggregate savings for businesses could be up to $1,000,000 annually. V. DEPARTMENT HEAD’S COMMENTS ON THE ANALYSIS: Any potential costs on businesses would be limited to the time and materials spent to complete an application and will affect only those that choose to apply. Businesses that are awarded funding will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Peter Jay by phone at 801-372-3969, or by Internet E-mail at pjay@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41812.htm No. 41813 (Repeal and Reenact): R856-3. USTAR University Technology Acceleration Grants. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR University Technology Acceleration Grants program and describes the eligibility criteria for an entity to receive a grant under Section 63M-2-503, including: 1) the form and process of submitting a grant application; 2) a description of which entities are eligible to apply for a grant; 3) the specific categories of projects that are eligible for a UTAG; 4) the criteria for awarding grants and determining grant amount; and 5) the contracting and reporting requirements of grant recipients. The change is to: 1) clarify the language in the administrative rules for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; and 3) to make USTAR administrative rule language similar across grant programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Peter Jay by phone at 801-372-3969, or by Internet E-mail at pjay@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41813.htm No. 41815 (Repeal and Reenact): R856-4. USTAR Science Technology Initiation Grant. SUMMARY OF THE RULE OR CHANGE: The Science Technology Initiation Grant (STIG) provides grants to support university-affiliated researchers to develop preliminary data and to conduct proof of concept experiments or other precursor research activities required to pursue larger, commercially- oriented grants from a federal agency, grant making foundation, industry, or related entity. The goal of STIG is to increase the amount of external research funding received by Utah's universities, promote interdisciplinary and cross-university collaboration, and strengthen the research and development capacity at state universities in commercially-oriented areas aligned to existing state industry sectors. STIGs are to be administered to the university that employs the applicant. The repeal and reenact is to: 1) clarify the language in the administrative rules for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; and 3) to make USTAR administrative rule language similar across grant programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - SMALL BUSINESSES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business. The Science and Technology Initiation Grant (STIG) program provides grants to support university-affiliated researchers (rather than businesses) in the development of preliminary data to conduct proof of concept experiments or other precursor research activities required to pursue larger grants from a federal agency, grant making foundation, industry, or related entity. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Peter Jay by phone at 801-372-3969, or by Internet E-mail at pjay@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41815.htm No. 41828 (Repeal and Reenact): R856-5. USTAR Energy Research Triangle Professors Grant. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR Energy Research Triangle Professors grant program, which is a collaborative effort between USTAR and the Utah Governor's Office of Energy Development (GOED) and will be administered according to this rule. Grants provide funding for projects in which research teams from at least three Utah non-profit higher education institutions collaborate to address energy-related technical challenges important to economic growth in the state of Utah. Anticipated duration of projects will be 12 to 18 months. Funding must be budgeted by state fiscal year (July 1 through June 30) and funding will be dependent on meeting milestones and continued USTAR/GOED appropriation. The change is to: 1) clarify the language in the administrative rules for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; and 3) to make USTAR administrative rule language similar across grant programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--Only universities can apply for these grants. Therefore, local government entities are not affected by this rule. - SMALL BUSINESSES: None--Only universities can apply for these grants. It is anticipated that small businesses will benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule, because the impact is indirect and will vary depending on circumstance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Only universities can apply for these grants. Therefore, persons other than small business are not affected by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to business. Energy Research Triangle Professors Grants provide funding to university faculty research professors for student-led projects. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Peter Jay by phone at 801-372-3969, or by Internet E-mail at pjay@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41828.htm No. 41829 (Repeal and Reenact): R856-6. USTAR Energy Research Triangle Scholars Grant. SUMMARY OF THE RULE OR CHANGE: This rule establishes the USTAR Energy Research Triangle Scholars grant program, which is a collaborative effort between USTAR and the Utah Governor's Office of Energy Development (GOED) and will be administered according to these rules. Grants provide funding to university faculty research professors for student-led projects that seek to address technical challenges related to energy issues important to economic growth in the state of Utah. Anticipated duration of projects will be 12 to18 months. Funding must be budgeted by state fiscal year (July 1 through June 30) and funding will be dependent on meeting milestones and continued USTAR appropriation. The change is to: 1) clarify the language in the administrative rules for the grant; 2) update terms and conditions for entities eligible to apply for the grant, criteria for evaluating and awarding grant funding, and contracting and reporting requirements of grant recipients; and 3) to make USTAR administrative rule language similar across grant programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--It is funded by appropriations that have already been allocated to USTAR for these purposes. - LOCAL GOVERNMENTS: None--Only universities can apply for these grants. Therefore, local government entities are not affected by this rule. - SMALL BUSINESSES: None--Only universities can apply for these grants. It is anticipated that small businesses will benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule, because the impact is indirect and will vary depending on circumstance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Only universities can apply for these grants. Therefore, persons other than small business are not affected by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: If successful in winning a grant, awardees will be required to report data for at least five years subsequent at approximately an hour/year of effort. USTAR is unable to estimate the exact cost, since it will vary given the pay of the individual conducting the reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses. Only universities can apply for these grants. Therefore, businesses are not affected by this rule. It is anticipated that businesses will likely benefit from the research of universities that receive this grant, since the grant is established to create economic growth in Utah. However, USTAR is unable to estimate any fiscal benefit for small businesses as a result of this rule because the impact is indirect and will vary depending on circumstance. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/31/2017 DIRECT QUESTIONS REGARDING THIS RULE TO: - Peter Jay by phone at 801-372-3969, or by Internet E-mail at pjay@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41829.htm NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G- 3-304(1)). A 120-Day Rule is effective when filed with the Office of Administrative Rules, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because of its temporary nature, a 120-Day Rule is not codified as part of the Utah Administrative Code. The law does not require a public comment period for 120-Day Rules. However, when an agency files a 120-Day Rule, it may file a Proposed Rule at the same time, to make the requirements permanent. Emergency or 120-Day Rules are governed by Section 63G-3-304, and Section R15-4-8. ADMINISTRATIVE SERVICES FINANCE No. 41797 (Emergency Rule): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: The rule increases reimbursement rates for in-state food reimbursements, and increases mileage reimbursements for use of a private vehicle. (Editor's Note: A corresponding proposed amendment is under Filing No. 41798 in this issue, July 1, 2017, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The Division of Finance is required by Section 63A-3-107 to make rules governing in-state and out-of-state travel expenses and to set travel rates. This is done on a fiscal year basis. Any changes in travel rates need to be in place by 07/01/2017. Travel reimbursements for employees and board members will be inaccurate if the rule is not changed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be an increased cost to the state as in-state food per diem rates have increased, and mileage reimbursement rates have increased for private vehicles. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - LOCAL GOVERNMENTS: There will potentially be an increased cost to certain local governments as in-state food per diem rates have increased, and mileage reimbursement rates have increased for private vehicles. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - SMALL BUSINESSES: Small business may see an increase in revenue. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see a slight increase in their per diem reimbursement amounts for in-state travel, and people will see a slight increase in their mileage reimbursement if using a private vehicle. However, the Division cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes reimbursement rates and does not require any new action on the part of persons applying for reimbursements, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are reasonable and warranted. After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 07/01/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41797.htm FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public that, the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Five-Year Notice of Review and Statement of Continuation (Review); or amend the rule by filing a Proposed Rule and by filing a Review. By filing a Review, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the online edition of the Utah Administrative Code at https://rules.utah.gov/publications/utah-adm- code/. The rule text may also be inspected at the agency or the Office of Administrative Rules. Reviews are effective upon filing. Reviews are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES DEBT COLLECTION No. 41743 (5-year Review): R21-1. Transfer of Collection Responsibility of State Agencies. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is to establish the procedures by which agencies shall bill and make initial collection efforts according to a coordinated schedule, the method to be used by agencies to transfer their delinquent accounts receivable to the Office of State Debt Collection or its designee for additional collection action, write-off of receivables, and the procedures and allocation of costs of collection established pursuant to Subsections 63A-3-502(4)(g) and 63A-3-502(6)(b), Section R15-1-4, and by the Legislature in applicable laws. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41743.htm AUDITOR ADMINISTRATION No. 41764 (5-year Review): R123-3. State Auditor Adjudicative Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In order for the Office of the State Auditor to hold adjudicative proceedings, statute requires a rule to be in place. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Phalin Flowers by phone at 801-538-1361, or by Internet E-mail at pflowers@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41764.htm No. 41765 (5-year Review): R123-4. Public Petitions for Declaratory Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In order for the Office of the State Auditor to receive and review public petitions for declaratory orders, statute requires a rule to be in place. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Phalin Flowers by phone at 801-538-1361, or by Internet E-mail at pflowers@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41765.htm No. 41766 (5-year Review): R123-5. Audit Requirements for Audits of Political Subdivisions and Nonprofit Organizations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In order for the Office of the State Auditor to provide guidelines, qualifications criteria, and procurement procedures for certain audits, statute requires a rule to be in place. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Phalin Flowers by phone at 801-538-1361, or by Internet E-mail at pflowers@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41766.htm COMMERCE SECURITIES No. 41718 (5-year Review): R164-9. Registration by Coordination. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule defines key terms and establishes the specific procedures to which an applicant for registration by coordination must adhere in order to obtain approval of its registration statement. The rule also coordinates registration procedures with Canada under the multijurisdictional disclosure system. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41718.htm No. 41719 (5-year Review): R164-10. Registration by Qualification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule defines key terms, sets forth filing and procedural requirements, and provides a comprehensive disclosure regimen for offerings registered by qualification. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41719.htm No. 41720 (5-year Review): R164-11. Registration Statement. 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 was established to ensure disclosure of material information, prevent fraud, and limit excessive promoter profits in registered securities offerings. In addition, the rule serves to establish procedures for fairness hearings and for the impound of funds in offerings registered by qualification until the division approves a release of those funds. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41720.htm No. 41721 (5-year Review): R164-12. Sales Commission. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As a protection for investors, this rule limits the amount of commission-related compensation that can be paid to agents in connection with a public offering. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41721.htm No. 41722 (5-year Review): R164-14. Exemptions. 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 aids the public in qualifying for exemptions from registration by setting forth in detail filing and qualification requirements for many of the statutory exemptions. It also establishes several additional exemptions by rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41722.htm No. 41723 (5-year Review): R164-15. Federal Covered Securities. 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 prescribes the notice filing procedures authorized by Section 61-1- 15.5. The operation of this rule helps to ensure that the division receives notice of federal covered securities offered to residents of this state. These filings include Rule 506 offerings, Mutual Funds, and Offerings under Tier II of Regulation A. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41723.htm No. 41726 (5-year Review): R164-26. Consent to Service of Process. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Act allows the division to accept service of process for individuals or companies registered under the Act. This rule outlines the process. Therefore, this rule should be continued. For the service to be effective, the plaintiff in the action (whether the division or a private party) must send a copy of the process, by registered mail, to the defendant's or respondent's last address filed with the division. This creates an obligation for applicants and issuers to provide the division with current address information. DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41726.htm EDUCATION ADMINISTRATION No. 41732 (5-year Review): R277-101. Utah State Board of Education Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-101 continues to be necessary because it provides the procedures to be followed by the Board in its conduct of the public's business in order to hear from those who desire to be heard on public education matters in the state and to effectively and efficiently utilize the time of the Board. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41732.htm No. 41733 (5-year Review): R277-410. Accreditation of Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-410 continues to be necessary because it provides procedures for qualifying secondary school required accreditation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41733.htm No. 41734 (5-year Review): R277-460. Distribution of Substance Abuse Prevention Account. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-460 continues to be necessary because it provides procedures for distribution of the Board's share of the money from the Substance Abuse Prevention Account. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41734.htm No. 41735 (5-year Review): R277-484. Data Standards. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-484 continues to be necessary because it provides standards and procedures for timely submission of data by LEAs which supports the operation of required educational accountability and financial systems. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41735.htm No. 41736 (5-year Review): R277-485. Loss of Enrollment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-485 continues to be necessary because it establishes guidelines for funding school districts with a loss in enrollment. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41736.htm No. 41737 (5-year Review): R277-488. Critical Languages Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-488 continues to be necessary because it establishes criteria and procedures for distributing funds to schools participating in the Dual Language Immersion Program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41737.htm No. 41738 (5-year Review): R277-489. Early Intervention Program. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-489 continues to be necessary because it establishes criteria and procedures to administer and distribute funds for the early intervention program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41738.htm No. 41739 (5-year Review): R277-520. Appropriate Licensing and Assignment of Teachers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-520 continues to be necessary because it provides criteria for local schools boards to employ educators in appropriate assignments and for the Board to provide state funding to local school boards for appropriately qualified and assigned staff. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41739.htm No. 41740 (5-year Review): R277-733. Adult Education Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-733 continues to be necessary because it describes curriculum and allocation formulas, and provides program and operation procedures for the adult education program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41740.htm No. 41741 (5-year Review): R277-735. Corrections Education Programs. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-735 continues to be necessary because it specifies operation standards and procedures for inmates in corrections education programs that are the responsibility of the public school system. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41741.htm No. 41742 (5-year Review): R277-911. Secondary Career and Technical Education. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R277-911 continues to be necessary because it establishes standards and procedures for local education agencies seeking to qualify for funds administered by the Board for CTE programs in the public education system. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Angela Stallings by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov EFFECTIVE: 06/06/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41742.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 41800 (5-year Review): R317-801. Utah Sewer Management Program (USMP). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The purpose of the rule is to ensure proper operation and maintenance of sewer collection systems in the state of Utah. The rule has minimum standards for planning, design, operation, and maintenance of sewer collection systems. The rule requires that these minimum standards be met by federal, state, municipal, and special service districts that own and operate sewer collection systems within the state of Utah. The rule requires reporting of sanitary sewer overflows to ensure that the public and environment are protected from discharges from a sewer collection system. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov EFFECTIVE: 06/12/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41800.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41803 (5-year Review): R414-60A. Drug Utilization Review Board. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In response to the comment above, DUR Board composition has minimum and maximum thresholds to include physician and pharmacist members based on federal law. Although the Department encourages participation by all provider groups, it cannot include every provider group and maintain statutory thresholds. The Department will continue this rule because it implements DUR Board composition and membership requirements, and spells out board member responsibilities to provide medically necessary and cost effective services for Medicaid recipients. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 06/13/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41803.htm No. 41811 (5-year Review): R414-60B. Preferred Drug List. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it implements PDL eligibility, specifies the purpose of the PDL in relation to certain classes of drugs, clarifies that coverage is based on clinical and cost effectiveness, spells out prior authorization requirements, implements Pharmacy and Therapeutics (P&T) Committee composition and membership, implements P&T Committee responsibilities and functions, and sets forth provisions for the P&T Committee to make determinations based on clinical and cost-related factors. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 06/14/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41811.htm HUMAN SERVICES RECOVERY SERVICES No. 41724 (5-year Review): R527-378. Withholding of Social Security Benefits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statutes under which this rule is enacted are still in effect and the rule is reflected in the current policy, practices, and procedures of ORS. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41724.htm No. 41725 (5-year Review): R527-601. Establishing or Modifying an Administrative Award for Child Support. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The statutes under which this rule is enacted are still in effect. They describes what is meant by "best evidence available", and specifies the method for providing the non-moving party with an affidavit describing the evidence before the evidence is used in determining the amount of a child support award. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41725.htm No. 41727 (5-year Review): R527-928. Lost Checks. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary because of the laws that require ORS to collect and disburse collected child support money to the appropriate payee can sometimes result in a lost, stolen, or forged check. The rule provides ORS with the procedures and process for assisting the payee in reissuing a warrant, if appropriate, when a check is lost, stolen, or forged. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov - Julene Robbins by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov EFFECTIVE: 06/02/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41727.htm INSURANCE ADMINISTRATION No. 41731 (5-year Review): R590-122. Permissible Arbitration Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is important that this rule be continued because it provides guidance to insurance companies about the type of arbitration provisions they may put into their policies. These provisions provide steps to be taken by insureds who disagree with the settlement of their claims and would like to involve a third party in the settlement process. The rule gives the department the authority to make sure these provisions are fair and nondiscriminatory. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41731.htm No. 41729 (5-year Review): R590-149. Americans with Disabilities Act (ADA) Grievance Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is important that this rule be continued because it provides that no qualified individual with a disability, by reason of such disability, be excluded from participation in or the benefits of the services, programs, and activities of the Insurance Department. The rule needs to remain in force so that the department will be in compliance with the federal Americans with Disabilities Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41729.htm No. 41730 (5-year Review): R590-173. Credit for Reinsurance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Credit for reinsurance has relevance for many Utah insurance companies and may be a significant factor in establishing their solvency position. The rule lays out the detailed requirements that apply to this important area. It provides protection to the ceding insurers within the state of Utah and to the individuals insured. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41730.htm No. 41728 (5-year Review): R590-240. Procedure to Obtain Exemption of Student Health Programs From Insurance Code. 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 must be continued because it provides guidance regarding procedures that institutions of higher education must follow in order to obtain exemption of student health programs from the Insurance Code. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Gooch by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov EFFECTIVE: 06/05/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41728.htm NATURAL RESOURCES OIL, GAS AND MINING BOARD No. 41744 (5-year Review): R641-100. General Provisions. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41744.htm No. 41745 (5-year Review): R641-101. Parties. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41745.htm No. 41746 (5-year Review): R641-102. Appearances and Representations. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41746.htm No. 41747 (5-year Review): R641-103. Intervention. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41747.htm No. 41748 (5-year Review): R641-104. Pleadings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41748.htm No. 41749 (5-year Review): R641-105. Filing and Service. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41749.htm No. 41750 (5-year Review): R641-106. Notice and Service. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41750.htm No. 41751 (5-year Review): R641-107. Prehearing Conference. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41751.htm No. 41752 (5-year Review): R641-108. Conduct of Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41752.htm No. 41753 (5-year Review): R641-109. Decisions and Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41753.htm No. 41754 (5-year Review): R641-110. Rehearing and Modification of Existing Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41754.htm No. 41755 (5-year Review): R641-111. Declaratory Rulings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41755.htm No. 41756 (5-year Review): R641-112. Rulemaking. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that petitioners, the Board, and parties interested in commenting on the Board's rules are clear that the rulemaking procedure by the Board of Oil, Gas and Mining will be in accordance with the Utah Administrative Rulemaking Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41756.htm No. 41757 (5-year Review): R641-113. Hearing Examiners. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41757.htm No. 41758 (5-year Review): R641-114. Exhaustion of Administrative Remedies. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41758.htm No. 41759 (5-year Review): R641-115. Deadline for Judicial Review. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41759.htm No. 41760 (5-year Review): R641-116. Judicial Review of Formal Adjudicative Proceedings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41760.htm No. 41761 (5-year Review): R641-117. Civil Enforcement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41761.htm No. 41762 (5-year Review): R641-118. Waivers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41762.htm No. 41763 (5-year Review): R641-119. Severability. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued so that the rules for practice and procedure for proceedings before the Board of Oil, Gas and Mining remain in place for use by petitioners, respondents, the Board, and other parties. DIRECT QUESTIONS REGARDING THIS RULE TO: - James Owen by phone at 801-538-5328, or by Internet E-mail at jcowen@utah.gov EFFECTIVE: 06/07/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41763.htm WILDLIFE RESOURCES No. 41834 (5-year Review): R657-14. Commercial Harvesting of Protected Aquatic Wildlife. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-14 provides the procedures, standards, and requirements for: harvesting protected aquatic wildlife for use as fish bait; commercially harvesting brine shrimp and brine shrimp eggs; and seining protected wildlife. The provisions adopted in this rule are effective. Continuation of this rule is necessary for continued success for allowing harvesting of protected aquatic wildlife for use as fish bait and seining protected wildlife. 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: 06/15/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41834.htm TRANSPORTATION OPERATIONS, TRAFFIC AND SAFETY No. 41767 (5-year Review): R920-4. Special Road Use or Event. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should continue in order to keep in place the procedure and criteria for granting special use permits on public highways to maintain public safety and serve the needs of the traveling public. Additional policy reasons supporting the rule are stated in Subsections R920-4-1(1) and (2). DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov - James Palmer by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov EFFECTIVE: 06/08/2017 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: https://rules.utah.gov/publicat/bulletin/2017/20170701/41767.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. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 41471 (AMD): R58-21.Trichomoniasis Published: 05/01/2017 Effective: 06/14/2017 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 41474 (AMD): R156-24b-102.Definitions Published: 05/01/2017 Effective: 06/08/2017 No. 41473 (AMD): R156-42a-304.Continuing Education Published: 05/01/2017 Effective: 06/08/2017 SECURITIES No. 41465 (AMD): R164-14-2b.Manual Listing Exemption Published: 05/01/2017 Effective: 06/08/2017 CRIME VICTIM REPARATIONS ADMINISTRATION No. 41475 (AMD): R270-1.Award and Reparation Standards Published: 05/01/2017 Effective: 06/07/2017 ENVIRONMENTAL QUALITY AIR QUALITY No. 41355 (AMD): R307-101-3.Version of Code of Federal Regulations Incorporated by Reference Published: 04/01/2017 Effective: 06/08/2017 No. 41356 (AMD): R307-210.Stationary Sources Published: 04/01/2017 Effective: 06/08/2017 No. 41357 (AMD): R307-214.National Emission Standards for Hazardous Air Pollutants Published: 04/01/2017 Effective: 06/08/2017 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 41446 (AMD): R414-1-5.Incorporations by Reference Published: 05/01/2017 Effective: 06/14/2017 No. 41379 (AMD): R414-60-2.Definitions Published: 04/15/2017 Effective: 06/14/2017 No. 41429 (AMD): R414-303-4.Medicaid for Parents and Caretaker Relatives, Pregnant Women, Children, and Individuals Infected with Tuberculosis Using MAGI Methodology Published: 04/15/2017 Effective: 07/01/2017 PUBLIC SAFETY ADMINISTRATION No. 41373 (AMD): R698-8.Local Public Safety and Firefighter Surviving Spouse Trust Fund Published: 04/15/2017 Effective: 06/07/2017 No. 41369 (NEW): R698-9.Utah Law Enforcement Memorial Support Restricted Account Published: 04/01/2017 Effective: 06/07/2017 EMERGENCY MANAGEMENT No. 41380 (AMD): R704-2.Statewide Mutual Aid Act Activation Published: 04/15/2017 Effective: 06/09/2017 No. 41358 (AMD): R704-3.Local Government Emergency Response Loan Program Published: 04/01/2017 Effective: 06/07/2017 TAX COMMISSION ADMINISTRATION No. 41468 (AMD): R861-1A-16.Utah State Tax Commission Management Plan Pursuant to Utah Code Ann. Section 59-1-207 Published: 05/01/2017 Effective: 06/08/2017 PROPERTY TAX No. 41469 (AMD): R884-24P-24.Form for Notice of Property Valuation and Tax Changes Pursuant to Utah Code Ann. Sections 59-2-918.5 through 59-2-924 Published: 05/01/2017 Effective: 06/08/2017 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/ . <> ----------------------------