WSR 06-20-128

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 4, 2006, 11:25 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 16-575-015, wine commission rate of assessment, the Washington state wine commission petitioned the Washington state department of agriculture to proceed with a proposal to increase the ceiling, or top range, of the winery and grape grower mandatory assessment rate.

Hearing Location(s): Three Rivers Convention Center, 7016 West Grandridge Boulevard, Kennewick, WA 99336, on November 28, 2006, at 3:00 p.m.

Date of Intended Adoption: February 16, 2007.

Submit Written Comments to: Dannie McQueen, Program Manager, Washington State Department of Agriculture, Administrative Regulations Program, P.O. Box 42560, Olympia, WA 98504-2560, e-mail dmcqueen@agr.wa.gov, fax (360) 902-2092, by November 28, 2006, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Rochelle Painter at (360) 902-2060, by November 17, 2006, TTY (360) 902-1996.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal amends the winery and grape grower mandatory assessment by increasing the top end of the assessment range as follows: For vinifera grapes grown in this state, the assessment shall not be less than three dollars per ton nor more than twelve dollars per ton; and the proposed assessment rate for wine producers shall not be less than $0.02 per gallon nor more than $0.08 per gallon.

Reasons Supporting Proposal: The Washington wine commission has developed a five-year strategic plan for marketing and developing the Washington wine industry. Amending the range of the assessment paid by wineries and grape growers will allow the flexibility needed to implement and fund the activities approved by the Washington wine commission in its plan.

Statutory Authority for Adoption: RCW 15.88.110 and 66.24.215.

Statute Being Implemented: Chapter 15.88 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Any rule proposal that results from this rule-making process will not be adopted unless the proposed rules are also approved in a referendum conducted pursuant to RCW 15.88.110 and 66.24.215. The proposed assessment increase is exempt from the provisions of Initiative 601 under RCW 43.135.055.

Name of Proponent: Washington wine commission, governmental.

Name of Agency Personnel Responsible for Drafting: Dannie McQueen, Washington State Department of Agriculture, Program Manager, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1809; Implementation and Enforcement: Robin Pollard, Executive Director, Washington Wine Commission, 1000 Second Avenue, Suite 1700, Seattle, WA 98104-3621, (206) 667-9463.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Any adoption of amendments to chapter 16-575 WAC would ultimately be determined by a referendum vote of the affected parties required under RCW 15.88.110 and 66.24.215. A formal small business economic impact statement under chapter 19.85 RCW is not required under the exemption granted in RCW 19.85.025(3) and 34.05.310 (4)(f).

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture and the Washington wine commission are not named agencies in RCW 34.05.328 (5)(a)(i).

October 4, 2006

Valoria H. Loveland

Director

OTS-9297.1


AMENDATORY SECTION(Amending WSR 99-12-104, filed 6/2/99, effective 7/3/99)

WAC 16-575-015   Rate of assessment -- Method of adjustment -- Notice.   (1) Beginning on July 1, ((1999)) 2007, the assessment rate for vinifera grapes grown in this state shall not be less than three dollars per ton nor more than ((six)) twelve dollars per ton. The assessment rate for wine producers shall not be less than $0.02 per gallon nor more than $((0.04)) 0.08 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 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.

[Statutory Authority: Chapter 15.88 RCW and 1997 c 303. 99-12-104, 16-575-015, filed 6/2/99, effective 7/3/99.]

Washington State Code Reviser's Office