WSR 99-12-104

PERMANENT RULES

WINE COMMISSION


[ Filed June 2, 1999, 8:24 a.m. ]

Date of Adoption: June 2, 1999.

Purpose: The rule change increases the maximum rate of assessments on vinifera grapes from three dollars per ton to six dollars per ton and the maximum rate on wine from $0.02 per gallon to $0.04 per gallon.

Citation of Existing Rules Affected by this Order: Amending WAC 16-575-015.

Statutory Authority for Adoption: Chapter 15.88 RCW.

Other Authority: Chapter 303, Laws of 1997.

Adopted under notice filed as WSR 99-06-070 on March 2, 1999.

Changes Other than Editing from Proposed to Adopted Version: Language was changed from the proposed version to clarify the intent of the rule to distribute the assessment increase proportionally between wine producers and wine grape growers and eliminate unnecessary and redundant statement regarding procedures to adjust assessments.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

June 2, 1999

Steve Burns

Executive Director


NEW SECTION
WAC 16-575-015
Rate of assessment--Method of adjustment--Notice.

(1) Beginning on July 1, 1999 the assessment rate for vinifera grapes grown in this state shall not be less than three dollars per ton nor more than six dollars per ton. The assessment rate for wine producers shall not be less than $0.02 per gallon nor more than $0.04 per gallon. The Washington Wine Commission may adjust the assessment amount levied on wine producers and grape growers as needed to fund necessary commission activities. Provided, ((that no increase in the assessment on grape growers or wine producers becomes effective unless the increase is first referred by the commission to a referendum by the grape growers and wine producers in accordance with RCW 66.24.215 and chapter 15.88 RCW)) that any adjustment in the assessment rate by the Commission be levied in an equal and proportional manner upon both the wine producers and grape growers. In determining whether to adjust the assessment amount the commission shall consider the following factors:

(a) The commission's budgetary needs, including but not limited to a qualitative and quantitative review of programs carried out in the preceding year by the commission. This review should consider whether the program met its goals, benchmarks and objectives and whether the program constitutes the best use of the wine commission's finite resources;

(b) Projected grape production;

(c) Changes in administrative costs;

(d) Changes in the industry outside the control of the wine commission.

(2) The commission shall provide grape growers and wine producers notice of changes in assessment rates in a timely and reasonable manner and in no instance shall the notice be less than thirty days from the date the assessment is due.

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Reviser's note: The unnecessary strike through and underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office