WSR 06-11-171

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 24, 2006, 10:11 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under WSR 06-07-170.

Title of Rule and Other Identifying Information: Chapter 16-470 WAC, Quarantine -- Agricultural pests (WAC 16-470-900 through 16-470-917). This proposal amends WAC 16-470-912 and 16-470-917 by increasing the laboratory diagnostic hourly fees, nematode laboratory diagnostic fees, and post entry inspection fee within the office of financial management fiscal growth factor for fiscal year 2007 (3.38%). In addition, this proposal repeals the current fee schedule for virus, bacteria, and fungus laboratory diagnostic fees and replaces them with an hourly charge that reflects the costs associated with performing these tests as required by RCW 17.24.131.

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 June 27, 2006, at 2:00 p.m.

Date of Intended Adoption: July 11, 2006.

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 June 27, 2006.

Assistance for Persons with Disabilities: Contact Henri Gonzales by June 20, 2006, 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 hourly fees, nematode laboratory diagnostic fees, and post entry inspection fee by the fiscal growth factor of 3.38% for fiscal year 2007. In addition, this proposal repeals the current schedule for virus, bacteria, and fungus laboratory diagnostic fees and replaces it with a time-and-materials charge that reflects the costs, as required by RCW 17.24.131, associated with performing specific testing. These fee increases and restructuring are necessary because new diagnostic technologies have made available a wider range of options for testing specific pathogens, and current fee levels no longer 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 new types of testing technologies for plant diseases, existing testing in the plant pathology laboratory and post entry inspection services. The nursery advisory committee, which is appointed by the director of the department of agriculture to represent the interests of the nursery industry, supports the proposal.

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 with the support of the nursery advisory committee, 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, which are based upon the OFM fiscal growth rate factor for 2006, and revisions to the fee schedule for new testing technologies, and has concluded that they will not impose more than minor costs on the regulated industry. 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).

May 24, 2006

Mary A. Martin Toohey

Assistant Director

OTS-8926.2


AMENDATORY SECTION(Amending WSR 05-12-111, filed 5/31/05, effective 7/1/05)

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


Hourly rate - business hours $((31.95)) 33.00
Hourly rate - nonbusiness hours $((40.80)) 42.15

(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)) Nematology laboratory diagnostic fees are as follows:


Identity

Determination

1 sample
5 samples
10 samples
50 samples
100+

samples

((virus (ELISA) At cost At cost $10.55 ea $5.20 ea $3.00 ea
bacteria 42.35 ea 40.90 ea 38.35 ea 37.10 ea 37.10 ea
fungus 44.80 ea 38.35 ea 37.10 ea 35.75 ea 33.20 ea))
nematode ((33.20)) 34.30 ea ((30.60)) 31.60 ea ((28.05)) 28.95 ea ((27.35)) 28.25 ea ((25.45))

26.30 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)) more than one nematode 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 17.24 and 34.05 RCW. 05-12-111, 16-470-912, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapters 17.24, 15.14, and 34.05 RCW. 05-01-180, 16-470-912, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapters 17.24 and 34.05 RCW. 04-17-036, 16-470-912, filed 8/10/04, effective 9/10/04. 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.]


AMENDATORY SECTION(Amending WSR 05-12-111, filed 5/31/05, effective 7/1/05)

WAC 16-470-917   Schedule of fees and charges -- Fees for post entry inspection services.   (1) Post entry site inspection and/or permit review and approval . . . . . . . . . . . . $((64.05)) 66.20

(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 17.24 and 34.05 RCW. 05-12-111, 16-470-917, filed 5/31/05, effective 7/1/05; 04-17-036, 16-470-917, filed 8/10/04, effective 9/10/04. 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.]

Washington State Code Reviser's Office