UTAH STATE 

BULLETIN 

OFFICIAL NOTICES OF UTAH STATE GOVERNMENT 

Filed June 02, 2012, 12:00 a.m. through June 15, 2012, 11:59 p.m. 

Number 2012-13 

July 01, 2012 

Nancy L. Lancaster, Editor 

Kenneth A. Hansen, Director 

Kimberly K. Hood, Executive Director 

The Utah State Bulletin (Bulletin) is an official noticing publication ofthe executive branch of 

Utah State Government. The Department of Administrative Services, Division of Administrative Rules 

produces the Bulletin under authority of Section 63G-3-402. 

Inquiries concerning the substance or applicability of an administrative rule that appears in the 

Bulletin should be addressed to the contact person for the rule. Questions about the Bulletin or the 

rulemaking process may be addressed to: Division of Administrative Rules, PO Box 141007, Salt Lake 

City, Utah 84114-1007, telephone 801-538-3764, FAX 801-537-9240. Additional rulemaking 

information, and electronic versions of all administrative rule publications are available at: 

http:/ /www.rules.utah.gov I 

The information in this Bulletin is summarized in the Utah State Digest (Digest). The Digest is 

available by E-mail or over the Internet. Visit http://www.rules.utah.gov/publicat/digest.htm for 

additional information. 
Division 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 bulletin. 

Semimonthly. 

1. Delegated legislation--Utah-Periodicals. 2. Administrative procedure-Utah-Periodicals. 

I. Utah. Office of Administrative Rules. 

KFU440.A73S7 

348. 792'025-DDC 85-643197 
TABLE OF CONTENTS 

SPECIAL NOTICES ......................................................................................................................................................................... 1 

Environmental Quality 

Air Quality 

Rule R307-202, Emission Standards: General Burning- Section 110(1) Demonstration .......................................... 1 

Health 

Health Care Financing, Coverage and Reimbursement Policy 

Notice for July 2012 Children's Health Insurance Program (CHIP) ............................................................................ 3 

EXECUTIVE DOCUMENTS ............................................................................................................................................................. 5 

Governor 

Administration 

Governor's Executive Order E0/004/2012: Creating the Disabilities Advisory Council... ......................................... 5 

Governor's Executive Order E0/005/2012: Automotive Idling Reduction ................................................................. 7 

Governor's Executive Order E0/006/2012: Wildland Fire Management... ................................................................ 8 

Governor's Proclamation 2012/4/S: Calling the Fifty-Ninth Legislature into the Fourth 

Special Session ........................................................................................................................................................ 9 

Governor's Declaration: Concerning Fire Danger Throughout Utah ....................................................................... 10 

NOTICES OF PROPOSED RULES ............................................................................................................................................... 13 

Community and Culture 

Administration 

No. 36353 (New Rule): R182-2 Preservation Pro Fee ............................................................................................. 14 

Home Energy Assistance Target (HEAT) 

No. 36313 (Repeal): R195-1 Energy Assistance: General Provisions .................................................................... 15 

No. 36314 (Repeal): R 195-2 Energy Assistance Programs Standards ................................................................... 17 

No. 36315 (Repeal): R195-3 Energy Assistance Income Standards, Income Eligibility, 

and Payment Determination ................................................................................................................................... 20 

No. 36316 (Repeal): R 195-4 Energy Assistance: Asset Standards ........................................................................ 22 

No. 36317 (Repeal): R195-5 Energy Assistance: Program Benefits ....................................................................... 23 

No. 36318 (Repeal): R 195-6 Energy Assistance: Eligibility Determination ............................................................. 24 

No. 36319 (Repeal): R195-7 Energy Assistance: Records and Benefit Management... ......................................... 25 

No. 36320 (Repeal): R 195-8 Energy Assistance: Special State Programs ............................................................. 26 

Housing and Community Development 

No. 36321 (Repeal): R199-8 Permanent Community Impact Fund Board Review and 

Approval of Applications for Funding Assistance .................................................................................................... 28 

No. 36322 (Repeal): R 199-9 Policy Concerning Enforceability and Taxability of Bonds 

Purchased .............................................................................................................................................................. 32 

No. 36323 (Repeal): R199-10 Procedures in Case of Inability to Formulate Contract for 

Alleviation of Impact ............................................................................................................................................... 33 

No. 36324 (Repeal): R199-11 Community Development Block Grants (CDBG) ...................................................... 36 

Housing and Community Development, Community Services 

No. 36325 (Repeal): R202-1 00 Community Services Block Grant Rules ................................................................ 39 

No. 36326 (Repeal): R202-101 Qualified Emergency Food Agencies Fund (QEFAF) ............................................ 44 

Olene Walker Housing Trust Fund 

No. 36327 (Repeal): R235-1 Olene Walker Housing Loan Fund (OWHLF) ............................................................ .46 

Education 

Administration 

No. 36364 (New Rule): R277-408 Grants for Online Testing .................................................................................. .49 

No. 36366 (Amendment): R277-467 Distribution of Funds Appropriated for Library Books 

and Electronic Resources ...................................................................................................................................... 51 

No. 36367 (Amendment): R277-470 Charter Schools - General Provisions ............................................................ 52 

No. 36368 (Amendment): R277-482 Charter School Timelines and Approval Processes ....................................... 54 

No. 36370 (Amendment): R277-488 Critical Languages Program .......................................................................... 58 

No. 36373 (Amendment): R277-489 Optional Extended Day KindergartenResponsibilities, Timelines, and Funding ............................................................................................................... 51 

No. 36374 (New Rule): R277-618 Educator Peer Assistance and Review Pilot Program (PAR Program) .............. 63 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 
TABLE OF CONTENTS 

Health 

Health Care Financing, Coverage and Reimbursement Policy 

No. 36375 (Amendment): R414-1 Utah Medicaid Program ..................................................................................... 65 

No. 36377 (Amendment): R414-49 Dental Services ................................................................................................ 58 

No. 36378 (Amendment): R414-50 Dental, Oral and Maxillofacial Surgeons .......................................................... 69 

No. 36379 (Amendment): R414-510 Intermediate Care Facility for Individuals 

with Mental Retardation Transition Program .......................................................................................................... 70 

Natural Resources 

Wildlife Resources 

No. 36363 (New Rule): R657-64 Predator Control Incentives ................................................................................. 72 

Public Safety 

Driver License 

No. 36331 (Amendment): R708-10 Classified License System ............................................................................... 75 

No. 36332 (New Rule): R708-47 Emergency Contact Database ............................................................................. 77 

Tax Commission 

Administration 

No. 36361 (Amendment): R861-1A-26 Procedures for Formal Adjudicative Proceedings 

Pursuant to Utah Code Ann. Sections 59-1-501 and 63G-4-204 through 63G-4-209 ............................................ 78 

Auditing 

No. 36362 (Amendment): R865-21 U-6 Liability of Purchasers and Receipt For Payment to 

Retailers Pursuant to Utah Code Ann. Section 59-12-1 07 ..................................................................................... 80 

Transportation 

Operations, Maintenance 

No. 36345 (New Rule): R918-6 Maintenance Responsibility at Intersections, Overcrossings, 

and Interchanges Between Class A Roads and Class B or Class C Roads .......................................................... 81 

NOTICES OF CHANGES IN PROPOSED RULES ........................................................................................................................ 87 

Administrative Services 

Facilities Construction and Management 

No. 36020: R23-1-40 Acceptable Bid Security; Performance and Payment Bonds ................................................. 88 

Environmental Quality 

Air Quality 

No. 35865: R307-107 General Requirements: Unavoidable Breakdown ................................................................ 89 

No. 35923: R307-202 Emission Standards: General Buming ................................................................................. 91 

NOTICES 120-DAY (EMERGENCY) RULES ................................................................................................................................. 95 

Public Safety 

Driver License 

No. 36330: R708-1 0 Classified License System ...................................................................................................... 95 

FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION ........................................................................... 97 

Capitol Preservation Board (State) 

Administration 

No. 36359: R 131-3 Use of Magnetometers on Capitol Hill ...................................................................................... 97 

Commerce 

Administration 

No. 36329: R151-35 Powersport Vehicle Franchise Act Rule .................................................................................. 97 

Consumer Protection 

No. 36360: R 152-34 Postsecondary Proprietary School Act Rules ......................................................................... 98 

Community and Culture 

Library 

No. 36328: R223-1 Adjudicative Procedures ........................................................................................................... 98 

Corrections 

Administration 

No. 36312: R251-401 Supervision Fees .................................................................................................................. 99 

ii UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 
TABLE OF CONTENTS 

Education 

Administration 

No. 36365: R277-467 Distribution of Funds Appropriated for Library Books 

and Electronic Resources ...................................................................................................................................... 99 

No. 36369: R277-488 Critical Languages Program ............................................................................................... 100 

No. 36372: R277-489 Optional Extended-Day Kindergarten- Responsibilities, 

Timelines, and Funding ........................................................................................................................................ 100 

Environmental Quality 

Air Quality 

No. 36333: R307-105 General Requirements: Emergency Controls .................................................................... 101 

No. 36334: R307-401 Permit: New and Modified Sources ................................................................................... 101 

No. 36335: R307-403 Permits: New and Modified Sources in NonattainmentAreas 

and Maintenance Areas ....................................................................................................................................... 102 

No. 36336: R307-406 Visibility ............................................................................................................................... 102 

No. 36337: R307-410 Permits: Emissions lmpactAnalysis .................................................................................. 103 

No. 36338: R307 -414 Permits: Fees for Approval Orders .................................................................................... 104 

No. 36339: R307-415 Permits: Operating Permit Requirements .......................................................................... 104 

No. 36340: R307-417 Permits: Acid Rain Sources ............................................................................................... 105 

No. 36341: R307-420 Permits: Ozone Offset Requirements in Davis and Salt Lake 

Counties ............................................................................................................................................................... 106 

No. 36342: R307-421 Permits: PM10 Offset Requirements in Salt Lake County and 

Utah County ......................................................................................................................................................... 106 

Health 

Health Care Financing, Coverage and Reimbursement Policy 

No. 36309: R414-31 0 Medicaid Primary Care Network Demonstration Waiver ..................................................... 107 

Human Services 

Substance Abuse and Mental Health 

No. 36310: R523-20 Division Rules of Administration ........................................................................................... 107 

Recovery Services 

No. 36346: R527-3 Definitions ............................................................................................................................... 108 

No. 36347: R527-37 Closure Criteria for Support Cases ....................................................................................... 108 

No. 36348: R527-253 Collection of Child Support Judgments ............................................................................... 109 

No. 36349: R527-255 Substantial Change in Circumstances ................................................................................ 109 

No. 36350: R527-258 Enforcing Child Support When the Obligor is an Ex-Prisoner or in a 

Treatment Program ............................................................................................................................................... 110 

No. 36351: R527-330 Posting Priority of Payments Received ............................................................................... 111 

Insurance 

Administration 

No. 36344: R590-240 Procedure to Obtain Exemption of Student Health Programs From 

Insurance Code .................................................................................................................................................... 111 

Natural Resources 

Water Rights 

No. 36376: R655-1 Wells Used for the Discovery and Production of Geothermal Energy in 

the State of Utah ................................................................................................................................................... 112 

No. 36380: R655-2 Procedure for Administrative Proceedings Before the Division of Water 

Rights Commenced Prior to January 1, 1988 ....................................................................................................... 112 

No. 36381: R655-6Administrative Procedures for Informal Proceedings Before the Division 

of Water Rights ..................................................................................................................................................... 113 

No. 36382: R655-15 Administrative Procedures for Distribution Systems and Water 

Commissioners ..................................................................................................................................................... 113 

Public Safety 

Fire Marshal 

No. 36343: R710-9 Rules Pursuant to the Utah Fire Prevention and Safety Act... ................................................ 114 

Public Service Commission 

Administration 

No. 36358: R746-400 Public Utility Reports ........................................................................................................... 114 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 iii 
TABLE OF CONTENTS 

Wori<force Services 

Administration 

No. 36354: R982-1 01 Americans with Disabilities Complaint Procedure ............................................................... 115 

No. 36355: R982-201 Government Records Access and ManagementAct ........................................................... 115 

No. 36356: R982-301 Councils .............................................................................................................................. 116 

No. 36357: R982-601 Provider Code of Conduct ................................................................................................... 116 

NOTICES OF RULE EFFECTIVE DATES .................................................................................................................................... 119 

RULES INDEX 

BY AGENCY (CODE NUMBER) 

AND 

BY KEYWORD (SUBJECT) ......................................................................................................................................................... 121 

iv UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 
SPECIAL NOTICES 

Environmental Quality 

Air Quality 

Rule R307-202, Emission Standards: General Burning- Section 110(1) Demonstration 

(The Division of Air Quality (DAQ) is proposing the repeal and reenactment of Air Quality Rule R307-202, Emission Standards: 

Open Burning (DAR No. 35923, published in the 0410112012 Bulletin; and an additional CPR, DAR No. 35923 published in this 

issue, 0710112012, of the Bulletin), which is part of Utah's PM10 state implementation plan (SIP}. Section 110(1) of the Clean Air 

Act (CAA) states that EPA cannot approve a SIP revision if the revision would interfere with any applicable requirement 

concerning attainment and reasonable further progress or any other applicable requirements of the CAA. Therefore, a state 

must make a demonstration that a revision to a SIP shall not cause adverse conditions. This document, which is available for 

public review until 0713112012 shows that the proposed repeal and reenactment of Rule R307-202 will not cause adverse 

conditions. It demonstrates that in southern Utah, PM 2.5 levels are extremely low, even though that portion of the state 

experiences frequent wildfires and prescribed burning and that modifying the burning season in southern Utah will not adversely 

impact air quality. It also shows that PM2. 5 levels in northern counties are well below the ambient standard during the proposed 

burning season. Comparing PM2.5 data from areas where previous fall open burning windows were allowed and areas where 

they were not indicates that open burning under this rule does not have substantial impact on air quality, see the following .) 

Memo to File: R307-202 Emissions Standards: General Burning Amendment 

Re: Demonstration -Air Quality Impact of Proposed Burning Window Shifts Statewide 

Date: May 2012 

Prepared by: Joel Karmazyn 

The Air Quality Board amended the rule in 2004 to adjust the 30-day burning window between March 1- May 30, statewide. 

Local county fire marshals establish the 30-day window during this period. The Air Quality Board is now proposing rule 

amendments to establish separate burn windows for southern and northern counties and to permit burning during the entire 

period (eliminate the 30-day window), so long as the clearing index is 500 or greater. 

Current Burning Windows 

March 1 - May 30 statewide 

Sept. 15 - Oct. 30 attainment 

counties 

Changed Burning Windows 

Southern counties March 1 - May 30 

Southern counties Sept 15 - Nov. 30 

Item 1 Demonstration - Southern Counties Window Shift 

Data from the IMPROVE monitoring at Bryce, Canyonlands and Zion National Parks represents southern Utah regional air 

quality. IMPROVE data do not include flags to exclude exceptional events, such as high winds and natural fires, thus this data 

represents worst case air quality. The following table presents the arithmetic mean of PM2.5 values from 2004-2010, which are 

extremely low and include emissions from past years of open burning starting on March1. The maximum values are likely 

indicators of wildfire and prescribed burning. 

2007 values were influenced by one of the worst southern California wildfire years. 

Mean Mean Mean Mean Mean Mean Mean Maximun 

PM2.5 PM2.5 PM2.5 PM2.5 PM2.5 PM2.5 PM2.5 Value from 

2004 2005 2006 2007 2008 2009 2010 2004-2010 

Ugjm3 Ugjm3 Ugjm3 Ugjm3 Ugjm3 Ugjm3 Ugjm3 Ug/m3 

Bryce Canyon 

National Park, 2.34 2.38 2.47 3.02 2.83 2.89 2.04 18.3 

Garfield County 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 
SPECIAL NOTICES 

Canyon 1 ands 

National Park 2.47 2.48 2.62 3.08 2. 97 2.94 2.52 22.8 

San Juan County 

Zion National 

Park, 2. 71 2.89 3.29 3.90 3.54 3.02 2.52 18.6 

Washington 

County 

The following table presents the acreage burned by large wildfires from 2004-2010. Large fires are defined as fires of 1 00+ 

acres of forest or 300+ acres of grassland (smaller fires also existed). This data does not include prescribed fires conducted by 

the Forest Service. A very large wildfire occurred near the Zion National Park monitoring station in 2006 that explains the 

increase in PM2.5 that year. 

Large Fires in Acres 

County 2004 2005 2006 2007 2008 2009 2010 

Garfield 0 435 0 2,392 3,733 6,067 966 

San Juan 0 973 0 0 0 2,631 0 

Washington 65,818 149.780 132,628 10,633 0 15,699 966 

Emissions allowed under R307-202 are minimal in comparison to wildfires and prescribed burns and because current conditions 

do not threaten nonattainment areas that are separated by many miles and mountain ranges, it is concluded that shifting the 

open burning windows for southern counties and allowing burning throughout the bum season will not cause adverse conditions. 

Item 2 Demonstration - Northern Counties Window Shift 

The following table provides maximum PM2.5 values from monitoring data from September 15 to October 30. The monitoring 

stations represent southern, mid and northern stations within this portion of the state. 

Maxi.u11 PM2.5 Values in Ug/113 

2004 2005 2006 2007 2008 2009 2010 

Hawthorne 15.4 14.4 13.2 19.3 16.6 14 10.7 

Ogden 26 11 11 16.7 11.9 17.2 11.2 

Logan 18.8 12 12.1 16.6 11.2 14.4 15.8 

The Hawthorne and Ogden locations did not have past fall burn windows, the Logan location has. Comparison between the 

Ogden station where burning did not occur and the Logan station where it has in the past, indicates that the newly proposed 

burning window should not result in adverse air quality conditions. 

The following table presents the number of acres burned from large wildfires and prescribed fires during the proposed fall burn 

window. 

Large Wildfires and Prescribed Fires in Acres fr011 September 15 to October 30 

County 2004 2005 2006 2007 2008 2009 2010 

Salt Lake 860 4,326 

Weber 45 900/640 300 300 

Cache 100 1,520 

Large wildfires in bold, prescribed fires in black 

The fire data indicates that there was minimal, if any, substantial air quality impact between when fires occurred and no fires. 

Therefore, it is concluded that the proposed fall open burning season will not cause adverse conditions. 

2 UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. l3 
SPECIAL NOTICES 

Health 

Health Care Financing, Coverage and Reimbursement Policy 

Notice for July 2012 Children's Health Insurance Program (CHIP) 

The Utah Department of Health has submitted an amendment to the Children's Health Insurance Program (CHIP) State Plan. 

This Amendment, #12, implements the benefit plan changes for Medical and Dental services for 07/01/2012 through 06/30/2013. 

It contains modifications to cost sharing for physician visits, vision and hearing screening, surgeon and anesthesiologist, as well 

as emergency room visits for Medical. For Dental, orthodontic care is only covered if medically necessary and requires prior 

authorization. Changes are posted to the web and can be viewed at http://health.utah.gov/chip/. 

The proposed changes are subject to Centers for Medicare and Medicaid Services approval. For questions regarding this 

notice, please contact Leigha Rodak at 801-538-6806, or lrodak@utah.gov. 

End of the Special Notices Section 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 3 

EXECUTIVE DOCUMENTS 

As part of his or her constitutional duties, the Governor periodically issues ExEcunvE DocuMENTS comprised of 

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 ExEcunvE DocuMENTs that have legal effect with the Division of Administrative Rules 

for publication and distribution. All orders issued by the Governor not in conflict with existing laws have the full 

force and effect of law during a state of emergency when a copy of the order is filed with the Division of 

Administrative Rules. (See Section 63K-4-401). 

Governor's Executive Order E0/004/2012: Creating the Disabilities Advisory Council 

EXECUTIVE ORDER 

Creating the Disabilities Advisory Council 

WHEREAS, the mission of the Division of Services for People with Disabilities is to promote opportunities and provide 

support for persons with disabilities to lead self-determined lives; 

WHEREAS, in accordance with 62A-5-1 02, the Division of Services for People with Disabilities would like to enhance 

the support it provides by encouraging regular input, review and evaluation of its services and policies by stakeholders in the 

disability system; 

WHEREAS, the full array of services is critical to effectively serving individuals and families with disabilities; 

WHEREAS, the Division of Services for People with Disabilities would like to build relationships and partnerships to 

promote activities that mutually benefit stakeholders within the community and institutions; 

NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, by virtue of power vested in me by the 

Constitution and the laws of the State hereby: 

(1) Create a Council to be known as the Disabilities Advisory Council that shall be comprised of the following 

members: 

(a) the Director of the Division of Services for People with Disabilities; 

(b) the Director of the Department of Health, Bureau of Authorization and Community Based Services or designee; 

(c) two individuals with disabilities receiving Division of Services for People with Disabilities services in the community; 

(d) two family members of individuals with disabilities receiving Division of Services for People with Disabilities 

services in the community; 

(e) one individual or family member waiting for services from the Division of Services for People with Disabilities; 

(f) one individual or family member receiving services from the Utah State Developmental Center or private ICFIID; 

(g) two home or community based providers of the Division of Services for People with Disabilities services from the 

private sector; 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 5 
EXECUTIVE DOCUMENTS 

(h) two support coordinators of the Division of Services for People with Disabilities services from the private sector. 

(2) Members specified in (1) (with the exception of those listed in (1 )(a) and (b)) will be selected by the Executive 

Director of the Department of Human Services from applications made by eligible stakeholders. These members shall be 

appointed for a term of three years and may be reappointed for one additional three year term. 

(3) The first round of appointments shall be staggered so the Council does not have all new membership in the 

following years. Beginning 2012, one individual from (1 )(c), (d), (g) and (h) shall serve an added year (for a total of 4 years) 

before their first term ends. 

(4) All members serve at the pleasure of the Executive Director of the Department of Human Services and may be 

removed at any time without cause. 

(5) Members specified in (1 )(a) and (b) shall serve on the Council as long as he/she occupies the indicated position in 

state government. 

(6) Members of the Council shall serve without compensation. 

(7) The Council members shall appoint a Chairperson and Vice-Chairperson of the Council from among its members. 

All members of the council are eligible for appointment as chair and vice-chair person. The Division of Services for People with 

Disabilities will provide staff support for record keeping, distribution of minutes and meeting arrangements. 

(8) Each Council member shall have one vote, with the exception of the Division of Services for People with 

Disabilities Director, who will vote only in the event of a tie. 

(9) The Council shall meet at least quarterly; additional meetings may be held based on the call of the chairperson or 

by request by a majority of the members of the council. 

( 1 0) Annually, the Council shall hold a public hearing to gather input regarding the Division supports and services from 

all interested public. 

IT IS FURTHER ORDERED that the primary functions of the Council shall be as follows: 

(1) To increase meaningful stakeholder input and technical assistance regrading the efficiency and effectiveness of the 

Division of Services for People with Disabilities supports and services; 

(2) To review and evaluate current and future policies, procedures, standards, guidelines and regulations to ensure 

efficiency and effectiveness; 

(3) To encourage positive relationships among stakeholders, the Division of Services for Disabilities, the Department of 

Human Services and the Department of Health; 

(4) To offer recommendations to the Division of Services for People with Disabilities that would improve the supports 

and services it provides; 

(5) To serve as a resource to the Division of Services for People with Disabilities for new ideas, future projects and 

best practices; 

(6) To promote partnerships between the Division of Services for People with Disabilities and other agencies and 

organizations offering supports to persons with disabilities and their families; 

(7) To solicit input from other stakeholders in the disability system regarding the Division of Services for People with 

Disabilities supports and services. 

6 

IN WITNESS, WHEREOF, I have hereunto set my hand 

and cause to be affixed the Great Seal of the State of 

Utah. Done at the State Capitol in Salt Lake City, Utah, 

this 14th day of May, 2012. 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 
EXECUTIVE DOCUMENTS 

(State Seal) 

Attest: 

E0/004/2012 

Gary R. Herbert 

Governor 

Greg Bell 

Lieutenant Governor 

Governor's Executive Order E0/005/2012: Automotive Idling Reduction 

EXECUTIVE ORDER 

Automotive Idling Reduction 

WHEREAS, air quality is an issue of great concern to Utah residents; 

WHEREAS, air quality impacts many aspects of life in Utah, including health, quality of life and economic development; 

WHEREAS, vehicle exhaust contributes to air pollution by emitting Nitrogen Oxides, Volatile Organic Compounds, 

Particulate Matter, Carbon Monoxide and Carbon Dioxide into the atmosphere; 

WHEREAS, an idling engine may produce more exhaust emissions than an engine in motion; 

WHEREAS, areas where there are many idling vehicles can create pockets of concentrated exhaust pollution; 

WHEREAS, simply turning off a vehicle when it is idling will reduce emissions and promote better air quality; 

WHEREAS, a reduction in idling reduces fuel use and promotes cost savings; 

WHEREAS, the State of Utah's fleet currently has 7,300 vehicles that travel more than 78,000,000 miles a year; 

WHEREAS, the Utah Clean Air Partnership (U-CAIR) initiative calls on all Utah residents to take affirmative action to 

reduce their contribution to air pollution and recognizes that the State of Utah must lead by example; 

NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, by the authority vested in me by the laws and 

constitution of the State, do hereby order that: 

1. Every driver of a State of Utah fleet vehicle shall turn off the vehicle's engine when the vehicle will be stopped for 

more than 30 seconds. 

2. The requirement that a vehicle's engine be turned off shall not apply: 

(a) when the vehicle is stopped in traffic, such as at a red light; 

(b) when idling is necessary to promote the safety or well-being of vehicle occupants or others; 

(c) when idling is necessary to operate vehicle equipment, such as lift equipment for people with disabilities or warning 

lights on Utah Highway Patrol and Utah Department of Transportation vehicles; 

(d) when idling is necessary to inspect or service the vehicle; 

UTAH STATE BULLETIN, July 01,2012, Vol. 2012, No. 13 7 
EXECUTIVE DOCUMENTS 

(e) when manufacturers recommend that an engine be permitted to idle for a certain period of time prior to shutdown; 

(f) in emergency situations. 

3. Each agency of the State of Utah shall develop a policy consistent with this Executive Order that requires 

compliance with this Order for drivers of State-owned fleet vehicles and encourages compliance in privately-owned vehicles. 

These policies may permit the agency to recognize and/or reward employees for compliance. 

4. Each agency shall ensure that each of its employees is aware of its idling policy. 

5. On or before July 1, 2012, the Department of Administrative Services shall develop and implement a six-month pilot 

project that tests the effectiveness of agency anti-idling policies by using telematic equipment to measure the influence on 

reducing idling in state vehicles. 

6. Within 15 days of the conclusion of the pilot project, the Department of Administrative Services shall prepare a 

report that details the efficacy of agency idle-reduction policies as measured by telematic equipment in the reduction of idling 

and any cost savings attributable to a decline in engine idling. 

(State Seal) 

Attest: 

E0/005/2012 

IN WITNESS, WHEREOF, I have hereunto set my hand 

and cause to be affixed the Great Seal of the State of 

Utah. Done at the State Capitol in Salt Lake City, Utah, 

this 31st day of May, 2012. 

Gary R. Herbert 

Governor 

Greg Bell 

Lieutenant Governor 

Governor's Executive Order E0/006/2012: Wildland Fire Management 

EXECUTIVE ORDER 

Wildland Fire Management 

WHEREAS, the danger from wildland fires is extremely high throughout the State of Utah; 

WHEREAS, wildland fires are burning and continue to bum in various areas statewide and present a serious threat to 

public safety, property, natural resources and the environment; 

WHEREAS, some of the areas are extremely remote and inaccessible and the situation has the potential to greatly 

worsen if left unattended; 

WHEREAS, immediate action is required to suppress the fires and mitigate post-burn flash floods to protect public 

safety, property, natural resources and the environment; 

8 UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 
EXECUTIVE DOCUMENTS 

WHEREAS, these conditions do create a disaster emergency within the intent of the Disaster Response and Recovery 

Act of 1981, 

NOW THEREFORE, I, Gary R. Herbert, Governor of the State of Utah by virtue of the power vested in me by the 

constitution and the laws of the State of Utah, do hereby order that: 

It is found, determined and declared that a "State of Emergency" exists statewide due to the threat to public safety, 

property, natural resources and the environment for thirty days, effective as of June 10, 2012 requiring aid, assistance and relief 

available pursuant to the provisions of state statutes, and the State Emergency Operations Plan, which is hereby activated. 

(State Seal) 

ATTEST: 

E0/006/2012 

IN TESTIMONY, WHEREOF, I have hereunto set my 

hand and caused to be affixed the Great Seal of the 

State of Utah this 10th day of June 2012 

Gary R. Herbert 

Governor 

Lieutenant Governor 

Greg Bell 

Governor's Proclamation 2012/4/S: Calling the Fifty-Ninth Legislature into the Fourth Special Session 

PROCLAMATION 

WHEREAS, since the adjournment of the 2012 General Session of the Fifty-Ninth Legislature of the State of Utah, 

matters have arisen that require immediate legislative attention; and, 

WHEREAS, Article VII, Section 6 of the Constitution of the State of Utah provides that the Governor may, by 

proclamation, convene the Legislature into Special Session; 

NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, by virtue of the authority vested in me by the 

Constitution and the laws of the State of Utah, call the Fifty-Ninth Legislature of the State of Utah into a Fourth Special Session 

at the Utah State Capitol, in Salt Lake City, Utah, on the 20th day of June 2012, at 3:00 p.m. solely for the following purposes: 

1. to consider modifying the 2012-2013 public education budget and related statutory provisions; 

2. to consider changes related to retail licenses and enforcement provisions under the Alcohol Beverage Control Act, 

and to make appropriations related to those changes; 

3. to consider enacting provisions related to the retention of outside counsel, expert witnesses and litigation support 

services by the attorney general's office; 

4. to consider removing the opinion question from the 2012 ballot that the Legislature authorized by passing House 

Joint Resolution 13 in the 2012 General Session and to make modifications to related statutory provisions; 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 9 
EXECUTIVE DOCUMENTS 

ATTEST: 

2012/4/S 

5. to consider modifying the accreditation requirements for nursing education programs; and 

6. for the Senate to consent to appointments made by the Governor. 

IN TESTIMONY WHEREOF, I have hereunto set my 

hand and caused to be affixed the Great Seal of the 

State of Utah. Done at the Utah State Capitol in Salt 

Lake City, Utah, this 18th day of June, 2012. 

Gary R. Herbert 

Governor 

Greg Bell 

Lieutenant Governor 

Governor's Declaration: Concerning Fire Danger Throughout Utah 

DECLARATION 

Concerning Fire Danger Throughout Utah 

WHEREAS, due to dry conditions, high temperatures, low humidity, winds, and other factors, the danger of fires is 

extremely high throughout the State of Utah; 

WHEREAS, fires have burned and continue to burn in Utah and present serious threats to life, public safety, property, 

natural resources, and the environment; 

WHEREAS, fires are very costly to federal, state, and local governments as well as to private citizens; 

WHEREAS, many of Utah's cities and counties have urban wildland interface areas that are more susceptible to the 

dangers of wildland fires; 

WHEREAS, many private residences, public and private infrastructure, critical watershed, and grazing and wildlife 

habitat are located in the urban wildland interface areas; 

WHEREAS, due to the dangerous fire conditions, the Utah Division of Forestry, Fire and State Lands, and various 

federal agencies, have already implemented fire restrictions on all state, federal, and unincorporated private lands; 

WHEREAS, use of private fireworks, inappropriate open fires, use of matches or cigarettes near dry areas and 

wildlands, and other similar circumstances increase the risks of fire; 

WHEREAS, prudent and immediate action is required to suppress fires and reduce the danger of additional fires in 

order to protect life, public safety, property, natural resources, and the environment; 

10 UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 
EXECUTIVE DOCUMENTS 

NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, on this 22nd day of June, 2012, do hereby call 

upon local governments to take appropriate actions to reduce the risks of additional fires, including regulating private fireworks 

to the extent permitted by law; and, 

ADDITIONALLY, I encourage all residents of the State of Utah to reduce the risks of fire, abide by current restrictions, 

and take sensible and appropriate action. 

Gary R. Herbert 

Governor 

End of the Executive Documents Section 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 II 

NOTICES OF 

PROPOSED RULES 

A state agency may file a PRoPosED RuLE when it determines the need for a new rule, a substantive change to an 

existing rule, or a repeal of an existing rule. Filings received between June 02, 2012, 12:00 a.m., and June 15, 

2012. 11:59 p.m. are included in this, the July 01, 2012 issue of the Utah State Bulletin. 

In this publication, each PRoPosED RuLE is preceded by a RuLE ANALYSIS. This analysis provides summary information 

about the PRoPosED RuLE including the name of a contact person, anticipated cost impact of the rule, and legal 

cross-references. 

Following the RuLE ANALYSis, the text of the PRoPosED RuLE is usually printed. New rules or additions made to existing 

rules are underlined (e.g., example). Deletions made to existing rules are struck out with brackets surrounding them 

(e.g., [e>Eample]). Rules being repealed are completely struck out. A row of dots in the text between paragraphs 

( ....... ) indicates that unaffected text from within a section was removed to conserve space. Unaffected sections 

are not printed. If a PROPOSED RuLE is too long to print, the Division of Administrative Rules will include only the RuLE 

ANALYSIS. A copy of each rule that is too long to print is available from the filing agency or from the Division of 

Administrative Rules. 

The law requires that an agency accept public comment on PROPOSED RuLEs published in this issue of the Utah State 

Bulletin until at least July 31, 2012. The agency may accept comment beyond this date and will indicate the last day 

the agency will accept comment in the RuLE ANALYsis. 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. 2012, the agency may notify the Division 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 of this issue of the Utah State Bulletin. Alternatively, the agency may file a CHANGE IN 

PRoPosED RuLE in response to comments received. If the Division of Administrative Rules does not receive a NoncE 

oF EFFECTIVE DATE or a CHANGE IN PRoPosED RuLE, the PRoPoSED RuLE lapses and the agency must start the process 

over. 

The public, interest groups, and governmental agencies are invited to review and comment on PROPOSED RuLEs. 

Comment may be directed to the contact person identified on the Rule Analysis for each rule. 

PRoPosED RuLEs are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-

9, and R15-4-10. 

The Proposed Rules Begin on the Following Page 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 13 
NOTICES OF CHANGES IN PROPOSED RULES 

re nactment that was published in the March 1, 2012, issue 

of e Utah State Bulletin, on page 31. Underlining in the rule 

bel indicates text that has been added since th 

publi tion of the proposed rule mentioned above; strike-a. t 

indica s text that has been deleted. You must view e 

chang in proposed rule and the proposed repeal nd 

ent together to understand all of the change that 

will be nforceable should the agency make thi rule 

effective.) 

OR CONSTITUTIONAL AUTHORIZAT 

ection 19-2-104 

ANTICIPATED OST OR SAVINGS TO: 

+ THE STATE UDGET: Because these 

change the repo ing requirements, there are 

costs or savings t the state budget. 

+ LOCAL GOVER MENTS: Because the changes only 

e no anticipated 

COMMENTS BY THE DEPARTM T HEAD ON THE 

FISCAL IMPACT THE LE MAY H.A: ON BUSINESSES: 

There may be a min r increase due to some additional 

reporting requirement . However, these ve been limited in 

the change of prop ed rule by the add1 ·on of Subsection 

R307-1 07-1 (3). 

OF THIS RULE MAY B 

R BUSINESS HOURS, AT: 

NMENTAL QUALITY 

AIR ALITY 

FOU TH FLOOR 

195 1950 w 

S T LAKE CITY, UT 84116-3085 

o at the Division of Administrative Rules. 

DIRECT UESTIONS REGARDING THIS RULE TO: 

+ Mark erger by phone at 801-536-4000, by FAX at 

536-0 5, .or by Internet E-mail at mberger@utah.gov 

INT ESTED PERSONS MAY PRESENT THEIR VIEWS 

~ RULE BY SUBMITTING WRITTEN COMMENTS N I ER THAN AT 5:00 PM ON 

90 

DAR File No. 35865 

R307. Environmental Quality, Air Quality. 

R307-107. General Requirements: [Una.oidable ]Breakdowns. 

R307-107-l. Applicability and Timing. 

(I) The owner or operator of a source shall report 

breakdowns to the [ eJ<eetth • e seeretar, )~ within 24 hours of 

the incident via telephone, electronic mail, fax, or other similar 

method. 

(2) A detailed written description of the circumstance of 

the incident as described in R307-l07-2, including a corrective 

program directed at preventing future such incidents, shall be 

submitted within 14 days of the onset of the incident. 

[(81 The eJ<eettti, e seere~ary may eJRend the 14 dll') ~ime 

pel'ied fur sHbmissien eftke ifleideft~ repeft fer elltlse.)£3) For those 

breakdowns involving only emissions that are monitored in 

accordance with R307-170. the rl:llorting reqyirements of R307-170 

shall satisfy the reporting deadlines of R307 -1 07 -HI) and (2) In 

all other respects. the reqyirements in R307-107-H2) and R307-

107-2 shall be considered to aonly in addition to the requirements of 

R307-170. 

R307-107-2. Reporting. 

(I) The [ liftll'f'6idable ]breakdown incident report shall 

include the cause and nature of the event, estimated quantity of 

emissions (total and excess), time of emissions and any relevant 

evidence, including, but not limited to, evidence that: 

(a) There was an equipment malfunction beyond the 

reasonable control of the owner or operator; 

(b) The excess emissions could not have been avoided by 

better operation, maintenance or improved design of the 

malfunctioning component; 

(c) To the maximum extent practicable, the source 

maintained and operated the air pollution control equipment and 

process equipment in a manner consistent with good practice for 

minimizing emissions, including minimizing any bypass emissions; 

(d) Any necessary repairs were made as quickly as 

practicable, using off-shift labor and overtime as needed and as 

possible; 

(e) All practicable steps were taken to minimize the 

potential impact of the excess emissions on ambient air quality; and 

(f) The excess emissions are not part of a recurring 

pattern that may have been caused by inadequate operation or 

maintenance, or inadequate design of the malfunctioning 

component. 

(2) The burden of proof is on the owner or operator of the 

source to provide sufficient information to demonstrate [ tlftHfttheidable bretll(d6n'ft eeel:H'I'ed.]the elements listed in R307-107-

lli.1 

R307-107-3. Enforcement Discretion. 

The [eJ<eeH~i.e seeretar,]~ will evaluate, on a caseby-case basis, the information submitted in R307-107-I and 2 to 

determine whether to pursue enforcement action.[ The eJ<eettti•te 

seerean, IHII' eleet ft6t te J'llifSHe enfureement 11eh6ft 11iter 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 
DAR File No. 35865 

eeHSieering .. he~er el!eess elftissiens reSttl*ee ifoelft 11ft ltftaoeiellele 

ereal(e6 n'ft.] 

KEY: air pollution, [II Bit'• eieable ] breakdowns, excess 

emissions 

Date of Enactment or Last Substantive Amendment: 2012 

Notice of Continuation: September 4, 2008 

Authorizing, and Implemented or Interpreted Law: 19-2-104 

Environmental Quality, Air Quality 

R307-202 

sion Standards: General Bur mg 

ICE OF CHANGE IN PROPOSED R 

DAR FILE NO.: 35923 

FILED: 06/06/2012 

I 

RULE ANALYSIS I 

THE RULE OR REASoN FOR THE 

CHANGE: Durin the public comment periocffor this rule, the 

Division of Air Q ality (DAQ) received ~vera! comments 

requesting change to the proposed rule. DAQ evaluated 

these comments an determined that some changes to the 

proposed rule were w anted. · 

SUMMARY OF THE LE OR CHANGE: The rule is 

changed to add an "Ap ·cability" · ction that clarifies that 

Rule R307-202 only applie to inco orated community under 

the authority of county or m icip fire authority. The rule is 

changed by adding language hr ughout the rule to reinforce 

that burning by permit can on I ccur when the clearing index 

is 500 or greater. The 30-day n window is eliminated, and 

burning by permit in northern u ties is allowed in the spring 

between March 30 and y 3 and in the fall between 

September 15 and Octo r 30, d burning by permit in 

southern counties is allo d in the s ing between March 1 to 

May 30 and in the fall tween Sept ber 15 to November 

15. The section headi g for Section 07-202-3 is changed 

from "Community W ste Disposal" to "Prohibitions," and 

language is added ating that no perso shall bum under 

Rule R307-202 hen the director sues a public 

announcement un r Rule R307-302 of am ndatory no-bum 

period. (DAR N E: This change in propose rule has been 

filed to make a itional changes to a propos d repeal and 

reenactment th twas published in the April 1, 12, issue of 

the Utah Stat Bulletin, on page 38. Underlinin in the rule 

below indi es text that has been added ince the 

publication Jf the proposed rule mentioned above; trike-out 

indicates text that has been deleted. You must ·ew the 

change ·n proposed rule and the proposed repe I and 

Will b enforceable should the agency make this \ule 

effe ·e.) \ 

\ 

\ 

,/ .... 

UTAH STATE BULLETIN, July 01, 2012, Vol. 2012, No. 13 

NOTICES OF CHANGES IN PROPOSED RULES 

TATUTORY OR CONSTITUTIONAL AUTHORIZATION F 

HIS RULE: Section 19-2-104 and Section 65A-8-211 

ction 76-10-803 and Subsection 11-7-1(2)(a) 

AN CIPATED COST OR SAVINGS TO: 

+ T STATE BUDGET: There are no anticipated sts or 

savin to the state budget as there will be no Clditional 

costs t administer the reenacted rule. 

+ LOCA GOVERNMENTS: The repeal and ree actment of 

Rule R3 -202 will not affect the costs or sav· gs to local 

governme s, as similar provisions in the reen tment of the 

rule already xist in the current rule. 

+ SMALL B SINESSES: As this rule e ands burning 

windows for s me counties, there may be me small costs 

or savings for all businesses who bum · those counties· 

however, it is di cult to estimate what tho e costs or saving~ would be. 

+ PERSONS HER THAN SM LL BUSINESSES 

BUSINESSES, OR OCAL GOVERN NTAL ENTITIES: A~ this rule expands bu ing windows f some counties, there 

may be some small sts or savin s for small businesses 

who bum in those cou ies; howev , it is difficult to estimate 

what those costs or savi s woulte. 

COMPLIANCE COSTS F AF. ECTED PERSONS: There 

may be minimal compliarrce costs for affected persons; 

however, it is difficult to estim e what those costs would be. 

COMMENTS BY THE D R RTMENT HEAD ON THE 

FISCAL IMPACT THE RU MA,.Y HAVE ON BUSINESSES: 

Any changes in the costs r benefits for businesses from the 

changes in this rule will minimal\ 

THE FULL TEXT OF. THIS RULE'wAY BE INSPECTED 

DURING REGULAR USINESS HOU.RS, AT: , 

ENVIRON NTAL QUALITY~ AIR QUA 

FOURT FLOOR 

195 N 1 50 W 

SALT KE CITY, UT 84116-3085 

or at e Division of Administrative R les. 

\ 

DIRECT QU STIONS REGARDING THIS RULE TO: 

+ Mark Be er by phone at 801-536-4000, by ''tAX at 801-

536-0085 r by Internet E-mail at mberger@utah:~ov 

INTER TED PERSONS MAY PRESENT THEIR \,..WS ON 

THIS ULE BY SUBMITTING WRITTEN COMMvE~TS NO 

LATE THAN AT 5:00 PM ON \ 

RULE MAY BECOME EFFECTIVE ON: 07/31/2012 \ 

THORIZED BY: Bryce Bird, Director \ 

91