Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-09-080.

     Title of Rule and Other Identifying Information: WAC 16-470-912 Schedule of fees and charges -- Applicable fees and charges and 16-470-917 Schedule of fees and charges -- Fees for post entry inspection services, this proposal increases the plant pathology laboratory diagnostic fees, hourly fees, and post entry inspection fee within the Office of Financial Management fiscal growth factor for fiscal year 2005 (3.03%).

     Hearing Location(s): Washington State Department of Agriculture, 1111 Washington Street S.E., Natural Resources Building, 2nd Floor, Conference Room 205, Olympia, WA 98504-2560, on July 28, 2004, at 2:00 p.m.

     Date of Intended Adoption: August 10, 2004.

     Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by July 28, 2004.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by July 14, 2004, TTY (360) 902-1996.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal increases the plant pathology laboratory diagnostic fees, hourly fees, and post entry inspection fee by the fiscal growth factor of 3.03% for fiscal year 2005. This fee increase is necessary because current fee levels do not cover the costs of providing plant pathology laboratory and post entry inspection services. RCW 17.24.131 mandates that the department support these activities through fees for services. With these modest increases, the department anticipates that the program will be able to remain financially solvent.

     Reasons Supporting Proposal: Current fee levels are not adequate to cover the costs of providing plant pathology laboratory and post entry inspection services.

     Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

     Statute Being Implemented: Chapter 17.24 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington State Department of Agriculture, governmental.

     Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1984.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic effects of the proposed fee increases and has concluded that they will not impose more than minor costs on the regulated industry and, therefore, a formal SBEIS is not required.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

June 23, 2004

Mary A. Martin Toohey

Assistant Director

OTS-7299.1

AMENDATORY SECTION(Amending WSR 03-21-166, filed 10/22/03, effective 11/22/03)

WAC 16-470-912   Schedule of fees and charges -- Applicable fees and charges.   (1) Hourly rate.

	((Effective July 1, 2003))
Hourly rate - business hours	$((30.20)) 31.10
Hourly rate - nonbusiness hours	$((38.60)) 39.70

     (2) Laboratory diagnostic services, except as provided in subsection (3) or (4) of this section, are charged at the applicable hourly rate plus materials.

     (3) Plant pathology laboratory diagnostic fees are as follows:

Effective July 1, 2003
Identity Determi- nation	1 sample	5 samples	10 samples	50 samples	100+ samples
virus (ELISA)	At cost	At cost	$((10.00)) 10.30 ea	$((5.00)) 5.10 ea	$((2.90)) 2.95 ea
bacteria	((40.05)) 41.20 ea	((38.65)) 39.80 ea	((36.25)) 37.30 ea	((35.05)) 36.10 ea	((35.05)) 36.10 ea
fungus	((42.35)) 43.60 ea	((36.25)) 37.30 ea	((35.05)) 36.10 ea	((33.85)) 34.80 ea	((31.40)) 32.30 ea
nematode	((31.40)) 32.30 ea	((28.95)) 29.80 ea	((26.55)) 27.30 ea	((25.90)) 26.60 ea	((24.15)) 24.80 ea

Note:

To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific virus, bacterium, fungus, or nematode. Samples tested for multiple pathogens will be considered as multiple samples unless all pathogens can be detected in a single test without additional inputs.

     (4) The department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate for projects with at least one of the following characteristics:

     (a) Projects greater than one hundred samples;

     (b) Projects requiring materials not readily available; or

     (c) Projects requiring special handling or prolonged incubation periods.

     The rate charged shall not be less than the cost to the department of performing the tests.

[Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, § 16-470-912, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, § 16-470-912, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, § 16-470-912, filed 5/8/01, effective 6/8/01.]

     Effective July 1, 2003)) . . . . . . . . . . . . $((60.50)) 62.30

     (2) Subsequent inspections of post entry plant materials are provided at the applicable hourly rate.

     (3) Post entry inspection fees may be waived for state universities, United States Department of Agriculture researchers, and other public entities.

[Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, § 16-470-917, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, § 16-470-917, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, § 16-470-917, filed 5/8/01, effective 6/8/01.]

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